23 LC 44 2146
S. B. 19
- 1 -
Senate Bill 19
By: Senators Kirkpatrick of the 32nd, Summers of the 13th, Setzler of the 37th, Albers of the
56th, Ginn of the 47th and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to
1
provide for collection of passport application and processing fees by clerks of superior courts2
and probate court judges; to provide for written report disclosures; to provide for use of such3
fees; to provide for local Acts; to provide for applicability to judges of probate courts; to4
provide for related matters; to provide an effective date; to repeal conflicting laws; and for5
other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code9
Section 15-6-77, relating to fees and construction of other fee provisions, by revising10
subsection (c) as follows:11
"(c)(1)
Any fees received as provided for in this Code section shall be paid into the12
county treasury less and except such sums as are otherwise directed to be paid by the13
clerk to another entity according to some other general law expressly providing for same,14
including, but not limited to, any sums pursuant to Code Section 15-6-61 and such sums15 23 LC 44 2146
S. B. 19
- 2 -
as are collected pursuant to Code Section 15-6-77.4, 15-6-98, 36-15-9, 45-17-4,
16
or 47-14-51, which sums shall be remitted to such authorities as provided by law.17
(2)
Fees Except as otherwise provided in paragraph (3) of this subsection, fees, sums, or18
other remuneration for the performance of duties provided for under the laws of the19
United States or regulations promulgated pursuant to such laws shall be as provided in20
such laws or regulations as personal compensation to the clerk of the superior court for21
the performance of such duties.22
(3)(A) Fees, sums, or other remuneration for the performance of passport duties23
provided for under the laws of the United States or regulations promulgated pursuant24
to such laws, including, but not limited to, passport application or processing fees, shall25
be subject to the requirements and limitations of this paragraph to the extent not26
otherwise required in such laws or regulations.27
(B)(i) The clerk of the superior court shall disclose in a written report to the county28
governing authority, on a quarterly basis or on such other schedule as determined by29
the county governing authority, the total amount of all passport application or30
processing fees received by the clerk during such reporting period.31
(ii) An amount equal to 50 percent of such fees as disclosed in such report shall be32
paid by the clerk into the general fund of the county.33
(iii) An amount equal to 50 percent of such fees as disclosed in such report shall be34
retained by the clerk to be used solely for purposes of maintaining and operating the35
office of such clerk. All uses of such fees shall be specified in the disclosure report.36
Such fees are expressly prohibited from being used to:37
(I) Compensate or supplement the compensation of the clerk or any employee of38
the clerk's office; or39
(II) Purchase non-work-related items or gifts for the clerk or any employee of the40
clerk's office.41 23 LC 44 2146
S. B. 19
- 3 -
(C) The General Assembly is authorized by local Act to change the percentage42
amounts to be retained by the clerk of the superior court and to be deposited into the43
general fund of the county pursuant to divisions (ii) and (iii) of subparagraph (B) of this44
paragraph.45
(D) The clerk of the superior court shall not charge any additional passport application46
or processing fees other than fees specifically provided for under the laws of the United47
States or regulations promulgated pursuant to such laws."48
SECTION 2.49
Said title is further amended in Code Section 15-9-60, relating to fees of probate courts, by50
adding a new subsection to read as follows:51
"(c.1)(1)(A) Fees, sums, or other remuneration for the performance of passport duties52
provided for under the laws of the United States or regulations promulgated pursuant53
to such laws, including, but not limited to, passport application or processing fees, shall54
be subject to the requirements and limitations of this paragraph to the extent not55
otherwise required in such laws or regulations.56
(B)(i) The judge of the probate court shall disclose in a written report to the county57
governing authority, on a quarterly basis or on such other schedule as determined by58
the county governing authority, the total amount of all passport application or59
processing fees received by the judge during such reporting period.60
(ii) An amount equal to 50 percent of such fees as disclosed in such report shall be61
paid by the judge into the general fund of the county.62
(iii) An amount equal to 50 percent of such fees as disclosed in such report shall be63
retained by the judge to be used solely for purposes of maintaining and operating the64
office of the probate court. All uses of such fees shall be specified in the disclosure65
report. Such fees are expressly prohibited from being used to:66 23 LC 44 2146
S. B. 19
- 4 -
(I) Compensate or supplement the compensation of the judge or any employee of67
the judge of the probate court; or68
(II) Purchase non-work-related items or gifts for the judge or any employee of the69
judge of the probate court.70
(C) The General Assembly is authorized by local Act to change the percentage71
amounts to be retained by the judge of the probate court and to be deposited into the72
general fund of the county pursuant to divisions (ii) and (iii) of subparagraph (B) of this73
paragraph.74
(D) The judge of the probate court shall not charge any additional passport application75
or processing fees other than fees specifically provided for under the laws of the United76
States or regulations promulgated pursuant to such laws.77
(2) This subsection shall not apply to any judge of a probate court who is serving his or78
her term of office on January 1, 2024, during such term of office."79
SECTION 3.80
This Act shall become effective on January 1, 2024.81
SECTION 4.82
All laws and parts of laws in conflict with this Act are repealed.83