This legislation changes how law enforcement officers obtain search warrants and conduct searches.  

This legislation adds the district attorney to the board of trustees of the county law library for each county in his or her judicial circuit.

The current version of the bill would allow the county law library board of trustees (i.e., the chief judge of the superior court, the probate judge, the superior court clerk, two attorneys and, if applicable, the senior state court judge and solicitor) to change the disbursement of excess funds for the county law library. The county law library is funded by a $5 fee charged in all court actions. The board of trustees uses the money to purchase books, supplies, equipment, technology and staff for the county law library, law libraries for the judges and the codification of county ordinances. Currently, the trustees must give any excess county law library money to a charitable tax exempt organization that provides civil legal representation to low income individuals. Any additional excess funds must be given to the county board of commissioners to be used to purchase fixtures and furnishings for the courthouse.

HB 738 would give the trustees the option to continue to give excess money to the representation of low income individuals or to purchase software, equipment, fixtures or furnishings for the district attorney, solicitor, and county judicial offices.  Upon the determination by trustees of excess funds, such funds shall be turned over to the county board of commissioners to be used on the courthouse.

This bill also clarifies in statute that the law library fee is an "add-on" and not deducted from the base filing fee that is retained by the county general fund.

 This legislation would create a new Judicial Qualifications Commission if the voters approve a statewide referendum to amend the Georgia Constitution proposed by HR 1113.

This legislation authorizes the sheriff, tax commissioner, superior court clerk and probate judge ("constitutional officers") to develop their own credit card or purchasing card (p-card) policy and user agreement, rather than being issued one by the county.  The constitutional officers will be required to develop their own specific guidelines for the use of credit cards or p-cards by their department beginning on July 1, 2016.  The policy must designate the officials or employees in the constitutional officer's department who are authorized to use a credit card or p-card, specify a user agreement and transaction limits for the use of the card, include a description of authorized and unauthorized purchases, designate a credit card/p-card administrator, establish a process for auditing and reviewing the purchases made with the cards and outline procedures for addressing a violation of the credit card/p-card policies.  A copy of the specific policies promulgated by each constitutional officer must be filed with the board of commissioners. 

The ordinances, policies, procedures and user agreements with the constitutional officers adopted in 2015 to comply with the original law need to be examined and amended as necessary to remove the constitutional officers.    

A provision requiring counties to name all of its employees granted p-cards and credit cards in their local ordinance was removed from the bill before final passage.