23 LC 44 2271S
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The Senate Committee on Government Oversight offered the following
substitute to SB 19:
A BILL TO BE ENTITLED
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to1
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 and local agreements; to provide for applicability to judges of4
probate courts; to provide for related matters; to provide an effective date; to repeal5
conflicting laws; and for 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 2271S
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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 monthly 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 and shall remit to31
the county governing authority all fees covered by such report.32
(ii) The county governing authority shall pay a passport fee salary supplement to the33
clerk of the superior court under this division. During a calendar year, the amount of34
such supplement shall be the first $7,500.00 of such passport fees as disclosed in the35
report required by division (i) of this subparagraph. Such payments shall be made in36
monthly installments until the entire amount of the passport fee supplement has been37
paid. If the amount of passport fees collected in a calendar year is less than the38
passport fee supplement amount, the county shall not be obligated to pay to the clerk39
the difference between the amount collected and the passport fee supplement amount.40 23 LC 44 2271S
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(iii) With regard to any amounts collected during the calendar year as disclosed in the41
report required by division (i) of this subparagraph that are in excess of the passport42
fee supplement amount:43
(I) An amount equal to 50 percent of such fees shall be paid by the county44
governing authority into the general fund of the county; and45
(II) An amount equal to 50 percent of such fees shall be paid by the county46
governing authority to the clerk to be used solely for purposes of maintaining and47
operating the office of such clerk. Funds paid under this subdivision shall be in48
addition to and not in lieu of any other funds appropriated to the clerk by the county49
governing authority. All uses of such funds paid under this subdivision shall be50
specified in the report required by division (i) of this subparagraph.51
(C) The percentage amount to be deposited into the general fund of the county pursuant52
to subdivision (B)(iii)(I) of this paragraph and the percentage amount to be paid to the53
clerk of the superior court pursuant to subdivision (B)(iii)(II) of this paragraph may be54
changed by local Act of the General Assembly or by written agreement of the county55
governing authority and the clerk of the superior court.56
(D) The clerk of the superior court shall not charge any additional passport application57
or processing fees other than fees specifically provided for under the laws of the United58
States or regulations promulgated pursuant to such laws."59
SECTION 2.60
Said title is further amended in Code Section 15-9-60, relating to fees of probate courts, by61
adding a new subsection to read as follows:62
"(c.1)(1)(A) Fees, sums, or other remuneration for the performance of passport duties63
provided for under the laws of the United States or regulations promulgated pursuant64
to such laws, including, but not limited to, passport application or processing fees, shall65 23 LC 44 2271S
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be subject to the requirements and limitations of this paragraph to the extent not66
otherwise required in such laws or regulations.67
(B)(i) The judge of the probate court shall disclose in a written report to the county68
governing authority, on a monthly basis or on such other schedule as determined by69
the county governing authority, the total amount of all passport application or70
processing fees received by the judge during such reporting period.71
(ii) The judge of the probate court shall disclose in a written report to the county72
governing authority, on a monthly basis or such other schedule as determined by the73
county governing authority, the total amount of all passport application or processing74
fees received by the judge during such reporting period and shall remit to the county75
governing authority all fees covered by such report.76
(iii) The county governing authority shall pay a passport fee salary supplement to the77
judge of the probate court under this division. During a calendar year, the amount of78
such supplement shall be the first $7,500.00 of such passport fees as disclosed in the79
report required by division (i) of this subparagraph, or such other amount as may be80
established by local Act of the General Assembly or by written agreement of the81
county governing authority and the judge. Such payments shall be made in monthly82
installments until the entire amount of the passport fee supplement has been paid. If83
the amount of passport fees collected in a calendar year is less than the passport fee84
supplement amount, the county shall not be obligated to pay to the judge the85
difference between the amount collected and the passport fee supplement amount.86
(iv) With regard to any amounts collected during the calendar year as disclosed in the87
report required by division (i) of this subparagraph that are in excess of the passport88
fee supplement amount:89
(I) An amount equal to 50 percent of such fees shall be paid by the county90
governing authority into the general fund of the county; and91 23 LC 44 2271S
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(II) An amount equal to 50 percent of such fees shall be paid by the county92
governing authority to the judge to be used solely for purposes of maintaining and93
operating the office of such judge. Funds paid under this subdivision shall be in94
addition to and not in lieu of any other funds appropriated to the judge by the county95
governing authority. All uses of such funds paid under this subdivision shall be96
specified in the report required by division (i) of this subparagraph.97
(C) The percentage amount to be deposited into the general fund of the county pursuant98
to subdivision (B)(iv)(I) of this paragraph and the percentage amount to be paid to the99
judge pursuant to subdivision (B)(iv)(II) of this paragraph may be changed by local Act100
of the General Assembly or by written agreement of the county governing authority and101
the judge of the probate court.102
(D) The judge of the probate court shall not charge any additional passport application103
or processing fees other than fees specifically provided for under the laws of the United104
States or regulations promulgated pursuant to such laws.105
(2) This subsection shall not apply to any judge of a probate court who is serving his or106
her term of office on January 1, 2024, during such term of office."107
SECTION 3.108
This Act shall become effective on January 1, 2024.109
SECTION 4.110
All laws and parts of laws in conflict with this Act are repealed.111