23 LC 39 3939S
S. B. 37 (SUB)
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The House Committee on Public Safety and Homeland Security offers the following
substitute to SB 37:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated,1
relating to general provisions regarding sheriffs, so as to revise qualification requirements2
for the office of sheriff; to require certification as a peace officer at the time of qualifying as3
a candidate for sheriff; to require such candidate to be in good standing with the Georgia4
Peace Officer Standards and Training Council; to provide for a definition; to provide for a5
confirming affidavit; to provide for completion of basic training and certification6
requirements by certain candidates for the office of sheriff; to provide for reimbursement of7
certain expenses; to remove additional salary for service in certain courts from consideration8
of minimum annual salary; to allow sheriffs to receive certain additional salaries; to provide9
for statutory construction; to amend Title 40 of the Official Code of Georgia Annotated,10
relating to motor vehicles and traffic, so as to revise penalties for failure to pay civil11
monetary penalties relative to illegal passing of a school bus and speeding in a school zone;12
to provide for related matters; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 23 LC 39 3939S
S. B. 37 (SUB)
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SECTION 1.15
Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to16
general provisions regarding sheriffs, is amended in Code Section 15-16-1, relating to17
qualification requirements for sheriff and exemptions, by revising subparagraph (c)(1)(J) and18
paragraphs (2) and (4) of subsection (c) as follows:19
"(J) At the time of qualifying as a candidate for the office of sheriff, Is a registered20
peace officer as provided in Code Section 35-8-10 or is a certified peace officer as21
defined in Chapter 8 of Title 35 and is in good standing with the Georgia Peace Officer22
Standards and Training Council. Any person who at the time of qualifying as a23
candidate for the office of sheriff is not a registered or certified peace officer at the time24
such person assumes the office of sheriff shall be required to complete satisfactorily but25
is receiving retirement benefits as a former federal law enforcement officer shall26
satisfactorily complete the requirements for certification as a peace officer as provided27
in Chapter 8 of Title 35 within six months after such person takes office; provided,28
however, that an extension of the time to complete such requirements may be granted29
by the Georgia Peace Officer Standards and Training Council upon the presentation of30
evidence by a sheriff that he or she was unable to complete the basic training course31
and certification requirements due to illness, injury, military service, or other reasons32
deemed sufficient by such council. The Georgia Peace Officer Standards and Training33
Council shall make every effort to ensure that space is available for newly elected34
sheriffs who are not certified or registered peace officers to attend the course as soon35
as possible after such persons take office. Such council shall notify the appropriate36
judge of the probate court whenever a newly elected sheriff who is not certified fails37
to become certified as a peace officer pursuant to the requirements of this subparagraph.38
As used in this subparagraph, the term 'in good standing with the Georgia Peace Officer39
Standards and Training Council' means that a peace officer has not had his or her peace40
officer certification revoked or suspended within the previous five years by the Georgia41 23 LC 39 3939S
S. B. 37 (SUB)
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Peace Officer Standards and Training Council and is not under any sanction imposed42
by the Georgia Peace Officer Standards and Training Council on the opening date of43
the qualifying period for office.44
(2) Each person offering his or her candidacy for the office of sheriff shall, at the time45
such person qualifies, swear or affirm before the officer before whom such person has46
qualified to seek the office of sheriff election superintendent of the county that he or she47
meets all of the qualifications required by this subsection, except as otherwise provided48
in subparagraph (J) of paragraph (1) of this subsection, and that he or she has complied49
or will comply with the requirements of subparagraph (G) of paragraph (1) of this50
subsection no later than the close of business on the third business day following the51
close of such qualification period. Upon request of the person seeking to qualify as a52
candidate for the office of sheriff, the executive director of the Georgia Peace Officer53
Standards and Training Council shall create and provide an affidavit attesting to such54
person's compliance with the requirements of subparagraph (J) of paragraph (1) of this55
subsection. Such affidavit shall be signed by the executive director of the Georgia Peace56
Officer Standards and Training Council, or his or her designee, and the person seeking57
to qualify as a candidate for the office of sheriff and shall be presented to election58
superintendent of the county prior to the end of the qualifying period for such office."59
"(4) Each person offering to run for the office of sheriff and who is otherwise qualified60
shall be allowed, six months prior to qualifying and at his or her own expense, to attend61
the basic mandate course for peace officers. The Georgia Peace Officer Standards and62
Training Council shall work to ensure that space is available for such individuals to63
attend the course. Each such person attending the basic mandate course for peace officers64
in accordance with this paragraph shall be entitled to reimbursement of his or her65
expenses if he or she is subsequently elected to the office of sheriff. Such reimbursement66
for expenses shall be limited to the cost of tuition, course uniforms, and course equipment67
and shall be paid by the office of sheriff to which he or she is elected."68 23 LC 39 3939S
S. B. 37 (SUB)
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SECTION 2.69
Said article is further amended in Code Section 15-16-20, relating to minimum annual salary,70
increase, and operating expenses, by revising subparagraph (a)(2)(A) and subsections (b) and71
(d) as follows:72
"(2)(A) Whenever the state employees subject to compensation plans authorized and73
approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or74
general performance based increase of a certain percentage or a certain amount, the75
amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and76
in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts77
through the application of longevity increases pursuant to subsection (b) of this Code78
section, where applicable, shall be increased by the same percentage or same amount79
applicable to such state employees. If the cost-of-living increase or general80
performance based increase received by state employees is in different percentages or81
different amounts as to certain categories of employees, the amounts fixed in the82
minimum salary schedule in paragraph (1) of this subsection, and in Code Section83
15-16-20.1, or the amounts derived through the application of longevity increases, shall84
be increased by a percentage or an amount not to exceed the average percentage or85
average amount of the general increase in salary granted to the state employees. The86
Office of Planning and Budget shall calculate the average percentage increase or87
average amount increase when necessary. The periodic changes in the minimum salary88
schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the89
amounts derived through the application of longevity increases, as authorized by this90
paragraph shall become effective on the first day of January following the date that the91
cost-of-living increases received by state employees become effective; provided,92
however, that, if the cost-of-living increases or general performance based increases93
received by state employees become effective on January 1, such periodic changes in94
the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection,95 23 LC 39 3939S
S. B. 37 (SUB)
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and in Code Section 15-16-20.1, or the amounts derived through the application of96
longevity increases, as authorized by this paragraph shall become effective on the same97
date that the cost-of-living increases or general performance based increases received98
by state employees become effective."99
"(b) The amounts provided in paragraph (1) of subsection (a) of this Code section and100
Code Section 15-16-20.1, as increased by paragraph (2) of subsection (a) of this Code101
section, shall be increased by multiplying said amounts by the percentage which equals102
5 percent times the number of completed four-year terms of office served by any sheriff103
after December 31, 1976, effective the first day of January following the completion of104
each such period of service."105
"(d) This Code section shall not be construed to reduce the salary of any sheriff in office106
on July 1, 1991 January 1, 2023; provided, however, that successors to such sheriffs in107
office on July 1, 1991 January 1, 2023, shall be governed by the provisions of this Code108
section. All local legislation in effect on July 1, 1971, or enacted thereafter affecting109
compensation for sheriffs of the various counties shall be of full force and effect except110
where the same provides for a salary lower than provided in this Code section, in which111
event this Code section shall prevail."112
SECTION 3.113
Said article is further amended by revising Code Section 15-16-20.1, relating to additional114
salary, as follows:115
"15-16-20.1.116
(a) In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of117
any county who performs the duties of a sheriff for a state court, probate court, magistrate118
court, juvenile court, or county recorder's court under any applicable general or local law119
of this state shall receive for his or her services in such court or courts a salary of not less120
than $385.90 per month, to be paid from the funds of the county. A sheriff who serves in121 23 LC 39 3939S
S. B. 37 (SUB)
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more than one such court shall receive only one such salary for each such court but in no122
event shall such sheriff who serves in more than one such court receive more than two such123
additional salaries.124
(b) This Code section shall not be construed to reduce the amount of any additional salary125
or salaries any sheriff is receiving as of January 1, 2023."126
SECTION 4.127
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is128
amended in Code Section 40-6-163, relating to duty of driver of vehicle meeting or129
overtaking school bus, reporting of violations, and civil monetary penalty for violations130
captured by school bus camera, by revising paragraphs (7) through (10) of subsection (d) as131
follows:132
"(7) If a violation has not been contested and the assessed penalty has not been paid, the133
agent or governing body shall send to the person who is the registered owner of the motor134
vehicle a final notice of any unpaid civil monetary penalty authorized by this Code135
section, except in cases where there is an adjudication that no violation occurred or there136
is otherwise a lawful determination that no civil monetary penalty shall be imposed. The137
notice shall inform the registered owner that the agent or governing body shall send a138
referral to the Department of Revenue if the assessed penalty and any late fee is not paid139
within 30 days after the final notice was mailed and that such referral shall result in the140
nonrenewal of the registration of such motor vehicle and shall prohibit the title transfer141
of such motor vehicle within this state of the consequences for failure to pay such penalty142
and any late fee.143
(8) The agent or governing body shall send a referral to the Department of Revenue not144
sooner than 30 days after the final notice required under paragraph (7) of this subsection145
was mailed if a violation of an ordinance or resolution adopted under this article has not146
been contested and the assessed penalty has not been paid, except in cases where there147 23 LC 39 3939S
S. B. 37 (SUB)
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is an adjudication that no violation occurred or there is otherwise a lawful determination148
that no civil monetary penalty shall be imposed. The referral to the Department of149
Revenue shall include the following:150
(A) Any information known or available to the agent or governing body concerning the151
license plate number, year of registration, and the name of the owner of the motor152
vehicle;153
(B) The date on which the violation occurred;154
(C) The citation number issued for the violation; and155
(C)(D) The date when the notice required under this Code section was mailed; and156
(D) The seal, logo, emblem, or electronic seal of the governing body.157
(9) If the Department of Revenue receives a referral under paragraph (8) of this158
subsection, such referral shall be entered into the motor vehicle data base within five days159
of receipt and the Department of Revenue shall refuse to renew the registration of such160
motor vehicle and shall prohibit the title transfer of such vehicle within this state unless161
and until the civil monetary penalty plus any late fee is paid to the agent or governing162
body. The Department of Revenue shall mail a notice to the registered owner of such163
motor vehicle that informs such owner:164
(A) That the registration of the vehicle involved in the violation will not be permitted165
to be renewed;166
(B) That the title of the vehicle involved in the violation will not be permitted to be167
transferred in this state;168
(C) That the aforementioned penalties are being imposed due to the failure to pay the169
civil monetary penalty plus any late fee for an ordinance violation adopted under the170
authority of this Code section; and171
(D) Of the procedure that the person may follow to remove the penalties.172
(10) The Department of Revenue shall remove the penalties penalty on a vehicle173
registration if any person presents the Department of Revenue with adequate proof from174 23 LC 39 3939S
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the agent or governing body that the penalty and any late fee, if applicable, has been175
paid."176
SECTION 5.177
Said title is further amended in Code Section 40-14-18, relating to enforcement of speed limit178
in school zones with recorded images, civil monetary penalty, and vehicle registration and179
transfer of title restrictions for failure to pay penalty, by revising subsections (g) through (j)180
as follows:181
"(g) If a violation has not been contested and the assessed penalty has not been paid, the182
agent or governing body shall send to the person who is the registered owner of the motor183
vehicle a final notice of any unpaid civil monetary penalty authorized by this Code section,184
except in cases where there is an adjudication that no violation occurred or there is185
otherwise a lawful determination that no civil monetary penalty shall be imposed. The186
notice shall inform the registered owner that the agent or governing body shall send a187
referral to the Department of Revenue if the assessed penalty is not paid within 30 days188
after the final notice was mailed and such that such referral shall result in the nonrenewal189
of the registration of such motor vehicle and shall prohibit the title transfer of such motor190
vehicle within this state of the consequences for failure to pay such penalty and any late191
fee.192
(h) The agent or governing body shall send a referral to the Department of Revenue not193
sooner than 30 days after the final notice required under subsection (g) was mailed if a194
violation of an ordinance or resolution adopted under this article has not been contested and195
the assessed penalty has not been paid, except in cases where there is an adjudication that196
no violation occurred or there is otherwise a lawful determination that no civil monetary197
penalty shall be imposed. The referral to the Department of Revenue shall include the198
following:199 23 LC 39 3939S
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(1) Any information known or available to the agent or governing body concerning the200
license plate number, year of registration, and the name of the owner of the motor201
vehicle;202
(2) The date on which the violation occurred;203
(3) The citation number issued for the violation; and204
(3)(4) The date when the notice required under this Code section was mailed; and205
(4) The seal, logo, emblem, or electronic seal of the governing body.206
(i) If the Department of Revenue receives a referral under subsection (h) of this Code207
section, such referral shall be entered into the motor vehicle database data base within five208
days of receipt and the Department of Revenue shall refuse to renew the registration of the209
motor vehicle and shall prohibit the title transfer of such vehicle within this state unless and210
until the civil monetary penalty plus any late fee is paid to the agent or governing body.211
The Department of Revenue shall mail a notice to the registered owner:212
(1) That the registration of the vehicle involved in the violation will not be permitted to213
be renewed;214
(2) That the title of the vehicle involved in the violation will not be permitted to be215
transferred in this state;216
(3) That the aforementioned penalties are being imposed due to the failure to pay the217
civil monetary penalty and any late fee for an ordinance violation adopted under the218
authority of this Code section; and219
(4) Of the procedure that the person may follow to remove the penalties.220
(j) The Department of Revenue shall remove the penalties penalty on a vehicle registration221
if any person presents the Department of Revenue with adequate proof from the agent or222
governing body that the penalty and any late fee, if applicable, has been paid."223
SECTION 6.224
All laws and parts of laws in conflict with this Act are repealed.225