23 LC 49 1452S
S. B. 19 (SUB)
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The House Committee on Judiciary offers 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 provide4
for related matters; to provide an effective date; to repeal conflicting laws; and for other5
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 49 1452S
S. B. 19 (SUB)
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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 except as otherwise26
provided 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 the total amount of all passport application29
or processing fees, sums, or other remuneration received by the clerk during the30
previous quarter.31
(ii) The clerk of the superior court shall remit fees, sums, and other remuneration32
collected pursuant to this paragraph less postage expenses as follows:33
(I) An amount equal to one-third of such fees shall be paid into the general fund of34
the county in quarterly installments simultaneously with the provision of the reports35
required by division (i) of this subparagraph;36
(II) An amount equal to one-third of such fees shall be retained by the clerk of the37
superior court to be used solely for purposes of maintaining and operating the office38
of such clerk. Funds paid under this subdivision shall be in addition to and not in39
lieu of any other funds appropriated to the office of the clerk by the county40
governing authority; and41 23 LC 49 1452S
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(III) An amount equal to one-third of such fees shall be retained by the clerk of the42
superior court as personal compensation provided for under federal law, provided43
that any portion of such amount that exceeds 50 percent of the base salary of such44
clerk shall be used as provided in subdivision (II) of this division. Funds retained45
by the clerk under this subdivision shall be in addition to and not in lieu of any other46
funds appropriated to the clerk by the county governing authority.47
(C) The remittances set forth in division (ii) of subparagraph (B) of this paragraph may48
be changed by local Act of the General Assembly or by written agreement of the county49
governing authority and the clerk of the superior court.50
(D) Any additional passport application or processing fees other than fees, sums, or51
other remuneration specifically provided for under the laws of the United States or52
regulations promulgated pursuant to such laws shall be remitted to the county53
governing authority as provided for in subdivision (B)(ii)(I) of this paragraph.54
(4) This subsection shall not apply to any clerk of the superior court who is serving his55
or her term of office on January 1, 2024, during such term of office."56
SECTION 2.57
Said title is further amended in Code Section 15-9-60, relating to fees of probate courts, by58
adding a new subsection to read as follows:59
"(c.1)(1)(A) Fees, sums, or other remuneration for the performance of passport duties60
provided for under the laws of the United States or regulations promulgated pursuant61
to such laws, including, but not limited to, passport application or processing fees, shall62
be subject to the requirements and limitations of this paragraph to the extent not63
otherwise required in such laws or regulations.64
(B)(i) The judge of the probate court shall disclose in a written report to the county65
governing authority on a quarterly basis the total amount of all passport application66 23 LC 49 1452S
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or processing fees, sums, or other remuneration received by the judge during the67
previous quarter.68
(ii) The judge of the probate court shall remit fees, sums, and other remuneration69
collected pursuant to this paragraph less postage expenses as follows:70
(I) An amount equal to one-third of such fees shall be paid into the general fund of71
the county in quarterly installments simultaneously with the provision of the reports72
required by division (i) of this subparagraph;73
(II) An amount equal to one-third of such fees shall be retained by the judge of the74
probate court to be used solely for purposes of maintaining and operating the office75
of such judge. Funds paid under this subdivision shall be in addition to and not in76
lieu of any other funds appropriated to the office of the judge by the county77
governing authority; and78
(III) An amount equal to one-third of such fees shall be retained by the judge of the79
probate court as personal compensation provided for under federal law, provided80
that any portion of such amount that exceeds 50 percent of the base salary of such81
judge shall be used as provided in subdivision (II) of this division. Funds retained82
by the judge under this subdivision shall be in addition to and not in lieu of any83
other funds appropriated to the judge by the county governing authority.84
(C) The remittances set forth in division (ii) of subparagraph (B) of this paragraph may85
be changed by local Act of the General Assembly or by written agreement of the county86
governing authority and the judge of the probate court.87
(D) Any additional passport application or processing fees other than fees, sums, or88
other remuneration specifically provided for under the laws of the United States or89
regulations promulgated pursuant to such laws shall be remitted to the county90
governing authority as provided for in subdivision (B)(ii)(I) of this paragraph.91
(2) This subsection shall not apply to any judge of a probate court who is serving his or92
her term of office on January 1, 2024, during such term of office."93 23 LC 49 1452S
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SECTION 3.94
This Act shall become effective on January 1, 2024.95
SECTION 4.96
All laws and parts of laws in conflict with this Act are repealed.97