Staff Analysis of the Legislation
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HB 338 amends Title 15 and Article 1 of Chapter 13 of Title 40 of the O.C.G.A., by permitting any court that imposes a fine for an offense prohibited by Title 40, wherein the fine includes costs, to impose an additional fee up to $5.00, provided that the governing authority for the court has adopted a resolution agreeing to the additional fee. The additional fee will be collected by the clerk and paid over to the governing authority for the court that was authorized to impose the fee. The fee shall be deposited into a special account to be known as the Electronic Citation Fund. The bill requires the clerk to prepare a monthly report of all funds collected and submit a copy of the report to the Georgia Superior Court Clerks' Cooperative Authority and to each of the governing authorities that authorized the imposition of the electronic citation fee. In addition, HB 338 permits eligible voters who reside within a jurisdiction that imposes a electronic citation fee to file an action in the superior court to seek appropriate injunctive relief in order to ensure the fees are being used as required by the law. The legislation's sunset is June 30, 2020. |