05 LC 33
0832
Senate
Bill 301
By: Senator Mullis of the 53rd
By: Senator Mullis of the 53rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating
to payment and disposition of fines and forfeitures, so as to provide for a
technology fee to be collected in certain courts; to provide for the uses of
said technology fee; to provide for technology boards in each judicial circuit;
to provide an effective date; to provide for a repealer; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
21 of Title 15 of the Official Code of Georgia Annotated, relating to payment
and disposition of fines and forfeitures, is amended by adding a new Article 10
to read as follows:
"ARTICLE
10
15_21_160.
(a)
In every case in which any magistrate, probate, state, or superior court shall
impose a fine for any offense involving a criminal or traffic law of this state
or any political subdivision thereof, there shall be imposed a technology fee of
no more than $5.00.
(b)
In every civil action filed in any magistrate, probate, state, or superior
court, there shall be imposed a technology fee of no more than
$5.00.
(c)
No technology fee shall be imposed in any case in which the filing fee is waived
by law or paid by a governmental entity.
(d)
Within 30 days after the end of the month in which the fees were collected, the
clerk of the court shall pay the fees into a specially designated technology
fund to be administered by the governing authority of the largest county by
population in the judicial circuit.
(e)
The sums accumulated for the technology fees shall be used exclusively to
provide for the technology needs of the judges, district attorneys, public
defenders as defined by Code Section 17_12_2, solicitors general, sheriffs, and
clerks of the magistrate, probate, juvenile, state, and superior courts in the
judicial circuits. Such uses shall include the following pursuant to guidelines
promulgated by the Georgia Courts Automation Commission and approved by the
Judicial Council of Georgia:
(1)
Secure the services of an employee or employees to manage, maintain, install,
and repair computer and networking hardware and software, to provide purchasing
information and recommendations, to provide technical assistance, to coordinate
and manage network, Internet, and other such data connections, and for any and
all reasonable and necessary related tasks;
(2)
Computer hardware and software purchases;
(3)
Lease, maintenance, and installation of computer hardware and
software;
(4)
Purchase, lease, maintenance, and installation of imaging, scanning, facsimile,
communications, projection, and printing equipment and software;
(5)
Purchase, lease, maintenance, and installation of networking, Internet, and
other connectivity services to permit related offices to link and share
information; and
(6)
Contracts for any and all of the services provided for in paragraphs (1) through
(5) of this subsection with any individual, agency, or entity supplying such
services, expertise, or equipment.
15_21_161.
(a)
The expenditure of any sums collected, the hiring, supervision, and termination
of any employee or employees, and all contracts entered into pursuant to this
article shall be subject to the approval, oversight, and supervision of a
technology board.
(b)
The technology board in each judicial circuit shall consist of the chief
superior court judge; a state court judge selected by the state court judges of
the circuit; the chief juvenile court judge; a probate court judge selected by
the probate court judges of the circuit; a magistrate court judge selected by
the magistrate court judges of the circuit; a clerk of superior court selected
by the circuit clerks of court; the district attorney; the public defender as
defined by Code Section 17_12_2; a solicitor general selected by the solicitor
generals of the circuit; and a sheriff selected by the sheriffs of the circuit.
The technology board shall by majority vote select a chairperson to preside over
its meetings.
(c)
Each circuit technology board shall have an advisory panel composed of a
representative of the state probation office for the circuit, a chief of police
selected by the chiefs of police of the circuit, a court administrator selected
by the court administrators of the circuit, the district court administrator,
and a representative of the county governing authorities selected by the county
governing authorities of the circuit.
15_21_162.
At
the end of each state fiscal year beginning from the effective date of this Act,
an amount equal to 10 percent of the total amount of funds collected for the use
of the technology board during that year shall be remitted to the Georgia Courts
Automation Commission for redistribution on a competitive basis to other circuit
technology boards not having sufficient local resources to fund projects for
their respective circuits pursuant to the provisions of paragraphs 1_6 of
subsection (e) of Code Section 15_21_160 of this Act. Any funds not distributed
by the Georgia Courts Automation Commission shall be returned to the
contributing individual circuit technology boards for their use and disposition
under Code Section 15_21_163 of this Act.
15_21_163.
At
the end of each second state fiscal year beginning with the effective date of
this Act, any excess sums not expended or earmarked for the purposes specified
in this Code section shall be paid into the general fund of the county, or if
there is more than one county in the judicial circuit, into the general funds of
the counties on a pro rata basis according to the population of each county in
proportion to the circuit as a whole.
15_21_164.
This
Act shall apply to all civil cases filed on or after July 1, 2005 and to all
criminal and traffic offenses alleged to have occurred on or after July 1, 2005.
The initial fee shall be $5.00. On July 1, 2006, the chief judge of superior
courts of the circuit shall be authorized, with the advice and consent of the
technology board, to set the technology fee at an even dollar figure less than
$5.00 by an order filed with the
clerks."
SECTION
2.
This
Act shall become effective on July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.