Clerk of Court (28)
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Date of Last Recorded Action: 4/8/2024

HB 0001 NeutralGeorgia Uniform Civil Forfeiture Procedure Act Wendell Willard
2/7/2014 House Committee Favorably Reported By Substitute Judy --
Auditing/Budget Civil Procedure Clerk of Court Criminal Procedure Debra Nesbit
District Attorneys Forfeitures, Fees, and Fine Add Ons General County Government Health and Human Services Indigent Defense
Law Enforcement Public Safety and Courts Revenue & Finance Revenue and Finance Sheriff
Superior Court
This legislation is a restructuring of the Civil Forfeiture Procedure Act which impacts drug forfeitures and seizures.  This statute is one of law enforcement's most effective tools in bringing down criminal enterprises. The district attorney, through a judicial process, can seize cars, cash and property of drug dealers and other criminals.  Many county commissioners refer to this forfeited property as drug fund money. The funds and property are used for law enforcement training, equipment and investigative expenses. The revised HB 1 standardizes the reporting requirements for law enforcement, and creates a new process for district attorney forfeiture funds.
HB 0044 SupportPassport Application Fees as Clerks' Personal Compensation Ehrhart, Earl 36th
1/16/2013 House - House Second Readers Judy --
Clerk of Court Forfeitures, Fees, and Fine Add Ons General County Government Public Safety and Courts Todd Edwards
Currently, Superior Court Clerks keep, as personal compensation, the $25 fee charged for processing U.S. passport applications.  This bill requires the Clerks to turn over these fees to the county governing authority.  Note that counties would remain free to provide this revenue back to the Clerk's office in whole or in part. 
HB 0127 SupportRedirected Fees - Having Fees Appropriated for Designated Purposes Powell, Jay 171st
3/5/2013 Senate - Senate Read and Referred App APPROP -
Appropriations Clerk of Court District Attorneys Forfeitures, Fees, and Fine Add Ons General County Government
Indigent Defense Law Enforcement Nat. Res. & the Environment Public Safety and Courts Revenue & Finance
Solicitors Solid Waste Todd Edwards Training
This legislation, one of ACCG's top priorities, seeks to halt the now-common state practice of redirecting fees from their designated purposes to the state's general fund for other uses.  If fees for the Solid Waste Trust Fund, Hazardous Waste Trust Fund, Indigent Defense, Peace Officers and Prosecutors Training Fund and teen driver's education are not appropriated for their intended use, the fees will be reduced or eliminated, proportionate to the amount that is redirected. 
 
While the Senate once again halted this legislation, HB 276 did pass both chambers, applying the above fee-reduction mechanism to the Hazardous and Solid Waste Trust Funds.    
 
Click here for ACCG's HB 127 Press Release
 
Click here for ACCG's sectional summary of HB 127
 
Click here for ACCG's implementation timeline for HB 127        
HB 0215 NeutralFilings in the Clerk of Superior Court Office/Office Hours Benton, Tommy 31st
7/1/2014 Effective Date Judy JUDY -
Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons General County Government Leg Update Draft
Personnel/Employment Public Safety and Courts
This legislation allows, but does not require, superior court clerks to require payment of filing fees before accepting an instrument or document for recording.  It also allows the clerks to require that an instrument or document meet all filing requirements before accepting it for recording.
 
Current law requires the superior court clerk's office to be open from 9:00 a.m. until 5:00 p.m.  This legislation provides some flexibility for a lunch hour closure if the office opens at 8:00 a.m., has a lunch break from 12:00 p.m. until 1:00 p.m. and closes at 5:00 p.m.
HB 0349 NeutralAdult Criminal Justice Reform Clean Up Bill Golick, Rich 40th
7/1/2013 House - Effective Date JudyNC JUDYNC -
Clerk of Court Correctional Institutions/Jail Criminal Procedure Debra Nesbit District Attorneys
Indigent Defense Juveniles Law Enforcement Magistrate Court Probate Court
Public Safety and Courts Sheriff Solicitors
This legislation creates the Council on Criminal Justice Reform to continue to assess the impact of the Criminal Justice Reform Act. This legislation also provides for judges to deviate from mandatory minimums by following a procedure as outlined in the legislation, and revises the process for removal of arrest records.
HB 0720 SupportCollection of $5.00 Court Fee to Implement Electronic Citations Lumsden, Eddie 12th
3/10/2014 Senate Read Second Time JudyNC JUDYNC -
Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons Law Enforcement Probate Court
Public Safety and Courts Revenue & Finance Sheriff Solicitors

In traffic cases where a fine is imposed that includes costs, courts may charge an additional $5 fee, known as the electronic citation fee, if the "governing authority of the court" has adopted a resolution imposing the fee. The fee must be placed in the Electronic Citation Fund. Each year, the court clerk must provide an annual report and accounting of the fund to the Georgia Superior Court Clerks Cooperative Authority and to each governing authority that approved the resolution imposing the electronic citation fee. The resolution sunsets at the end of each fiscal year and governing authority must adopt a resolution on an annual basis to impose the fee. The Sunset was changed from 5 years from 2019 to 2023.

HB 0776 NeutralStatewide Master Jury List - Cleanup Legislation Alex Atwood
7/1/2014 Effective Date Judy JUDY -
Civil Procedure Clerk of Court Criminal Procedure Debra Nesbit Leg Update Draft
Public Safety and Courts State Court Superior Court
This legislation is a clean up bill from the passage of the Statewide Jury Act passed in 2010.  The bill removes county board of jury commissioners as the entity responsible for jury lists.
HB 0813 EvaluatingEmployers Not Allowed to Question Potential Employment Applicants About Previous Arrest and Conviction Records Keisha Waites
1/24/2014 House Second Readers I&L --
Clerk of Court Correctional Institutions/Jail County Treasurer Debra Nesbit General County Government
Insurance Law Enforcement Personnel/Employment Public Safety and Courts Sheriff
Tax Commissioner

This legislation would make it illegal to include questions on a job application about whether the applicant was arrested for, charged with or convicted of a crime except for those applying for law enforcement jobs. If there is a law prohibiting those who have been arrested, charged or convicted of a particular crime from holding a particular job, then questions about that crime may be asked. Additionally, if a standard fidelity bond or equivalent bond is required for the job and conviction of particular crimes would prevent them from obtaining such a bond, then the employer may ask whether the applicant has ever been convicted of those crimes.

HB 0815 NeutralRevision of Georgia Law on Notaries Andrew Welch
1/24/2014 House Second Readers Judy --
Clerk of Court Debra Nesbit General County Government Public Safety and Courts
This legislation revises the law on public notaries.
HB 0842 NeutralWaiver for Filing Fees for the Supreme Court and Court of Appeals for Incarcerated Individuals Wendell Willard
7/1/2014 Effective Date Judy JUDY -
Civil Procedure Clerk of Court Criminal Procedure Debra Nesbit Indigent Defense
Public Safety and Courts
This legislation allows inmates to file appeals in either civil or criminal cases to the Georgia Court of Appeals or Supreme Court without paying the $80 or $300 fee, even if the inmate is not indigent.
HB 0875 NeutralOmnibus Gun Bill of 2014 Rick Jasperse
3/13/2014 Senate Read Second Time PS&HS JUDYNC -
Clerk of Court Emergency Management/Preparedness Firearms/Carry Laws General County Government Georgia Bureau of Investigation
Health and Human Services Law Enforcement Open Records/Meetings Act Probate Court Public Safety and Courts
Sheriff Todd Edwards

This is the omnibus gun carry bill of 2014. It was enhanced in the Senate Judiciary Non-Civil Committee to successfully address ACCG's three objections to the original bill. Specifically the substitute:

- allows local governments to determine whether or not guns are allowed in their government buildings, regardless of whether metal detectors or security screening is provided; 

- removes the provision prohibiting law enforcement from detaining persons illegally carrying guns without licenses; and

-removes the "private right of action" provision allowing any special interest group or individual (whether or not aggrieved) to sue counties and county officials statewide.

ACCG urges you to encourage your legislators to adopt the Senate version of HB 875 or adopt no version at all. 

HB 0977 NegotiatingRedaction of Certain Personal Information from Civil Filings Mike Jacobs
2/26/2014 Senate Read and Referred Judy JUDY -
Clerk of Court Debra Nesbit General County Government Open Records/Meetings Act Public Safety and Courts

This legislation requires certain information, such as social security numbers and financial information to be redacted from documents filed in the court. This legislation was amended to include magistrate court. Please consult with your clerks of court (magistrate) to assess additional costs and provide feedback to Debra Nesbit at dnesbit@accg.org.

HB 0981 NeutralAppointment of Temporary Replacement Officers Mike Jacobs
2/17/2014 House Second Readers GAff --
Clerk of Court Coroners/Medical Examiners County Surveyor District Attorneys General County Government
Magistrate Court Personnel/Employment Probate Court Public Safety and Courts Shaun Adams
Sheriff Solicitors Tax Commissioner

This legislation allows a commissioner who is appointed as a temporary replacement for another elected official who is suspended by the Governor to appoint someone to represent his or her district.

HB 0985 NeutralFiling False Liens or Encumbrances Against Public Employees Tom Kirby
7/1/2014 Effective Date JudyNC JUDYNC -
Clerk of Court General County Government Public Safety and Courts Revenue & Finance Shaun Adams

This legislation makes it a crime for anyone to file a false lien against any person, not just a public official. It also provide immunity to the court clerk that accepts such documents for filing.

HB 1020 OpposeFine Revenue from Citations Issued by Georgia State Patrol Remitted to State Treasury Instead of Counties Ben Harbin
2/20/2014 House Second Readers PS&HS --
Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons Law Enforcement Public Safety and Courts
Traffic Enforcement

This legislation would require fines from arrests and citations issued by the uniformed division of the Department of Public Safety to be paid to the state. Under current law, only the fines from tickets and arrests by the Georgia State Patrol on I-285 are paid into the state treasury.

Additionally, this legislation requires counties that participate in a checkpoint as part of a joint operation for license and safety checks to evenly split the fines collected as a result of the checkpoint.

HB 1060 NeutralFulton County Superior Court; clerk of court shall have oversight of budget; provisions Wendell Willard
4/10/2014 House Date Signed by Governor IGC SLGO -
Auditing/Budget Clerk of Court General County Government Local Legislation Public Safety and Courts
Revenue & Finance Superior Court
HB 1078 NeutralQualification of Jurors and Grand Juries Trey Kelley
4/29/2014 House Date Signed by Governor Judy JUDYNC -
Clerk of Court Debra Nesbit District Attorneys Public Safety and Courts Superior Court
This legislation amends the Statewide Jury Act passed in 2010 to give oversight of the selection of grand jurors by the clerk from county master jury list to the presiding judge in consulation with the district attorney. This bill provides that prior to empaneling, swearing and charging the grand jury, the judge and the district attorney may examine prospective jurors as to their qualifications to serve. This eliminates the potential appointment of convicted felons to serve on grand juries.
HB 1123 NeutralCobb County superior court; change compensation of clerk Earl Ehrhart
4/10/2014 House Date Signed by Governor IGC SLGO -
Clerk of Court General County Government Local Legislation Personnel/Employment Public Safety and Courts
SB 0055 SupportAllow Local Nonpartisan Elections Carter, Buddy 1st
1/17/2013 Senate - Senate Read and Referred -ETHICS -
Clerk of Court Coroners/Medical Examiners District Attorneys Elections General County Government
Public Safety and Courts Shaun Adams Sheriff Solicitors Tax Commissioner
This legislation allows commissioners, coroners, district attorneys, sheriffs, solicitors, superior court clerks and tax commissioners to run in nonpartisan races with the appropriate local legislation.
SB 0285 EvaluatingException for Superior Court Clerks from Sanctions for Disclosure of Social Security Numbers John Albers
1/15/2014 Senate Read and Referred -JUDY -
Clerk of Court Debra Nesbit General County Government Open Records/Meetings Act Public Safety and Courts

This legislation changes current law that protects superior court clerks for filing, posting or displaying any document that contains a social security number. Under SB 285, a superior court clerk is only protected for filing a document containing a social security number. Clerks and the Georgia Superior Court Clerks' Authority will be required to redact the social security number from any document that is filed before posting or publicly displaying the document.


SB 0320 NeutralCreation of Veterans Court Divisions Ed Harbison
7/1/2014 Effective Date D&VA JUDYNC -
Clerk of Court Debra Nesbit District Attorneys Leg Update Draft Magistrate Court
Probate Court Public Safety and Courts Sheriff Solicitors State Court
Superior Court

This legislation allows for the creation of veterans court divisions dedicated to address the specialized treatment needs of veterans and to facilitate a veteran's re-entry into society.  The passage of this legislation will enable local jurisdictions to access federal grant funds for the operation of the veterans courts.

SB 0341 SupportProbate Court Clerk Authority to Act as Judge on Uncontested Matters Jesse Stone
4/21/2014 Senate Date Signed by Governor Judy JUDY -
Clerk of Court Debra Nesbit General County Government Leg Update Draft Population Acts
Probate Court Public Safety and Courts

This legislation allows the chief clerk of the probate court or other clerk, if the probate judge has not appointed a chief clerk, to serve as probate judge in uncontested cases so long as the chief clerk has served as probate court clerk for at least five years or has been an attorney for three years.  This bill also includes a provision that a county is not required to pay a local supplement to a probate judge beyond the term of office for which the supplement was approved.

SB 0345 EvaluatingProvides for a Court Technology Fee to be Collected on Criminal and Civil Cases - Repeals Existing Court Technology Fees Jesse Stone
2/4/2014 Senate Read and Referred -JUDY -
Clerk of Court Code Enforcement Constables/Marshals Debra Nesbit District Attorneys
Econ. Dev. & Transportation Forfeitures, Fees, and Fine Add Ons General County Government Indigent Defense Juveniles
Law Enforcement Local Legislation Magistrate Court Probate Court Public Safety and Courts
Revenue & Finance Sheriff Solicitors State Court Superior Court
Traffic Enforcement

This legislation creates a court technology fee to be assessed on criminal fines, ordinance violations and civil filings with the passage of a local resolution. The chief judge will control the fund and appoint members of the technology fund board. This legislation also repeals any local technology fee in place on July 1, 2014.

SB 0386 NeutralRedaction of Certain Personal Information from Civil Filings and Terms of Court in Bartow County John Albers
7/1/2014 Effective Date Judy JUDY -
Civil Procedure Clerk of Court Debra Nesbit General County Government Local Legislation
Open Records/Meetings Act Public Safety and Courts Superior Court

This legislation requires certain information, such as social security numbers and financial information to be redacted from documents filed in the court. This legislation was amended to include magistrate court.

On legislative day 39, this bill was amended to include local legislation regarding the terms of Court in Bartow County Superior Court which is now Section 1.

SB 0424 NeutralState Court of Cobb County; change the compensations of the clerk and chief deputy clerk Lindsey Tippins
4/10/2014 Senate Date Signed by Governor IGC SLGO -
Clerk of Court General County Government Local Legislation Personnel/Employment Public Safety and Courts
State Court
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