07 LC 36 0454S
(SCS)
Senate
Bill 18
By:
Senators Harp of the 29th and Harbison of the 15th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, relating
to court-connected alternative dispute resolution, so as to add municipal courts
with jurisdiction over civil cases to the list of courts that may charge
additional filing fees for civil actions and cases filed to fund alternative
dispute programs; to change the composition of the Board of Trustees of County
Fund for the Administration of Alternative Resolution Dispute Programs; to
include cities with municipal courts with jurisdiction over civil cases within
the chapter; 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
23 of Title 15 of the Official Code of Georgia Annotated, relating to
court-connected alternative dispute resolution, is amended by revising
subsection (a) of Code Section 15-23-3, relating to Board of Trustees of County
Fund for the Administration of Alternative Dispute Resolution Programs, to read
as follows:
"(a)
There is created in each county in this state a board to be known as the Board
of Trustees of the __________ County Fund for the Administration of Alternative
Dispute Resolution Programs. The board shall consist of:
(1)
The chief judge of the superior court of the circuit in which the county is
located, or the superior court judge with the longest service if there is no
chief judge, or a superior court judge designated by the chief judge or the
judge with the longest service;
(2)
The chief judge of the state court, if any, or the state court judge with the
longest service if there is no chief judge, or a state court judge designated by
the chief judge or the judge with the longest service;
(3)
The judge of the probate court;
(4)
The presiding judge of the juvenile court, if any, or a juvenile court judge
designated by that judge;
(5)
The chief magistrate or a magistrate designated by the chief
magistrate;
(6)
A judge of
each municipal court having jurisdiction over civil cases from each city within
the county, such judges to be as designated by the chief judge of the superior
court of the circuit in which the county is located, or the superior court judge
with the longest service if there is no chief judge, or a superior court judge
designated by the chief judge or the judge with the longest
service;
(7)
The clerk of the superior court; and
(7)(8)
One practicing attorney appointed by other members of the
board."
SECTION
2.
Said
chapter is further amended by revising subsections (a), (c), and (d) of Code
Section 15-23-7, relating to collection of additional legal costs in civil
actions for purposes of providing court-connected or court-referred alternative
dispute resolution programs as follows:
"(a)
For the purposes of providing court-connected or court-referred alternative
dispute resolution programs, a sum not to exceed $7.50, in addition to all other
legal costs, may be charged and collected in each civil action or case filed in
the superior, state, probate,
and
magistrate,
and municipal courts
having
jurisdiction over civil cases and other
courts within the county that have the same powers and jurisdiction as state or
magistrate courts."
"(c)
The amount, if any, to be collected in each case shall be fixed in an amount not
to exceed the applicable amount set out in subsection (a) of this Code section
by the chief judge of the superior court or, if there is no chief judge, by the
superior court judge with the longest service, who shall, after advising and
notifying the chairperson of the county governing authority
and
chairperson of the municipal governing authority in which the municipal court
having jurisdiction over civil cases lies,
order the clerk to collect said fees and remit them to the treasurer of the
county fund for the administration of alternative dispute resolution programs.
No such additional costs shall be charged and collected unless the chief judge
of the superior court or such chief judge´s designee, or if there is no
chief judge, the superior court judge with the longest service or such
judge´s designee first determines that a need exists for an alternative
dispute resolution program in one or more of the courts within the county
or city within
the county in which the municipal court having jurisdiction over civil matters
lies. The chief judge of the superior
court or the designee of the chief judge or, if there is no chief judge, the
superior court judge with the longest service or the designee of such judge may
propose, as to a given court, the collection of an amount exceeding $7.00, but
in no event to exceed the applicable amount set out in subsection (a) of this
Code section; provided, however, that approval of the board member representing
the affected court is necessary before imposition upon litigants of that court
of costs authorized by this chapter exceeding $7.00.
(d)
The clerk of each and every such court in such counties
and
cities shall collect such fees and remit
the same to the treasurer of the board of the county in which the case was
brought, on the first day of each month. No change in the amount collected
pursuant to this Code section may be made within a period of 12 months from the
date of a previous change."
SECTION
3.
Said
chapter is further amended by revising Code Section 15-23-12, relating to
contracting by boards of several counties to combine funds; secretary-treasurer
for combined fund, and chairperson, to read as follows:
"15-23-12.
Notwithstanding
any other provision of this chapter, the board of trustees of each county fund
is authorized by contract to combine such fund with the fund of any other county
or counties or
cities that have municipal courts with jurisdiction over civil
cases within the same judicial circuit,
within the same administrative district, or in any other combination which would
foster an efficient use of available resources. Any such combined fund created
by any such contract shall be administered by a board of trustees which shall be
composed of the judicial members and the clerks who are members of the boards of
trustees of each participating county fund without the participating attorney
members thereof but with one practicing attorney appointed by the members of the
combined board. In the event two or more county funds are combined, the board of
trustees of the combined fund may appoint a secretary-treasurer for the combined
fund who shall perform such duties as may be provided by the combined board of
trustees and who shall give bond in the same manner as provided by Code Section
15-23-5. The combined board shall be chaired by the chairperson of one of the
constituent county boards elected by the combined board as provided by contract.
In the event two or more boards combine as provided in this Code section, the
judges of the courts within such combined territory are authorized to combine
programs for such courts to provide for the most efficient use of available
resources in providing alternative dispute resolution
programs."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.