08 LC 29
3391ERS
The
House Committee on Judiciary offers the following substitute to SB
396:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so
as to remove all functions of the commissioner of administrative services and
the Department of Administrative Services and transfer such functions; to
transfer administrative and salary paying and travel expense reimbursement
functions for superior court judges and court reporters to The Council of
Superior Court Judges of Georgia; to transfer administrative and salary paying
functions for district attorneys and their staff to the Prosecuting
Attorneys´ Council of the State of Georgia; to remove the commissioner of
administrative services from the Georgia Courts Automation Commission; to repeal
provisions relating to alternate hiring procedure of secretaries; to provide for
members of the Prosecuting Attorneys´ Council of the State of Georgia to be
removed upon the vote of the members of such council; to repeal provisions that
prohibit the Prosecuting Attorneys´ Council of the State of Georgia from
employing certain retired personnel; to expand the powers and duties of
attorneys and investigators employed by the Prosecuting Attorneys´ Council
of the State of Georgia; to provide that such investigators shall meet the
requirements of Chapter 8 of Title 35; to amend Code Section 16-11-130 of the
Official Code of Georgia Annotated, relating to exemptions from Code Sections
16-11-126 through 16-11-128, so as to provide that investigators employed by the
Prosecuting Attorneys´ Council of the State of Georgia and attorneys and
investigators who are retired from the Prosecuting Attorneys´ Council of
the State of Georgia shall be exempt from certain state weapons requirements; to
amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia
Annotated, relating to the 'Uniform Reciprocal Enforcement of Support Act,' so
as to correct cross-references; to amend Title 45 of the Official Code of
Georgia Annotated, relating to public officers and employees, so as to provide
that requests for new, expanded, relocated, or renovated rental real estate
space be reviewed by the State Properties Commission in lieu of the Department
of Administrative Services; to revise provisions relating to employee´s
health insurance; to amend Code Section 50-5B-2 of the Official Code of Georgia
Annotated, relating to administrative units, directors, and employees of the
State Accounting Office, so as to provide that The Council of Superior Court
Judges of Georgia and the Prosecuting Attorneys´ Council of the State of
Georgia shall be separate units within the State Accounting Office; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising Code Section 15-5-60, relating to contracts with state agencies for
administrative functions, services, and equipment, as follows:
"15-5-60.
The
Council of Superior Court Judges of Georgia shall be authorized to
contract
with the Department of Administrative Services or other agency of state
government, from
provide for or
contract for administrative functions, services, and equipment necessary for the
fulfillment of the responsibilities of the superior courts
with funds appropriated or otherwise
available for the operation of the superior courts of the
state, to
provide such administrative functions, services, and equipment necessary for the
fulfillment of the responsibilities of the superior
courts."
SECTION
2.
Said
title is further amended by revising subsection (a) of Code Section 15-5-81,
relating to the advisory council to the Georgia Courts Automation Commission, as
follows:
"(a)
There shall be an advisory council to the Georgia Courts Automation Commission.
The advisory council shall consist of:
the
commissioner of administrative services or the commissioner´s
designee, the director of the Georgia
Bureau of Investigation or the director´s designee, the commissioner of
corrections or the commissioner´s designee, the commissioner of public
safety or the commissioner´s designee, the chairman of the State Board of
Pardons and Paroles or the chairman´s designee, the director of the
Administrative Office of the Courts or the director´s designee, the
director of the Criminal Justice Coordinating Council or the director´s
designee, the director of the Children and Youth Coordinating Council or the
director´s designee, and the executive director of the Georgia Technology
Authority or the executive director´s designee."
SECTION
3.
Said
title is further amended by revising subsections (a) and (b) of Code Section
15-6-29, relating to the salary of superior court judges, as
follows:
"(a)
The annual salary of the judges of the superior courts shall be as provided in
Code Section 45-7-4. The salary shall be paid by
the
Department of Administrative Services
The Council of
Superior Court Judges of Georgia in 12
equal monthly installments.
(b)
The salary so fixed shall be the total compensation to be paid by the state to
the superior court judges and shall be in lieu of any and all other amounts to
be paid from
the
Department of Administrative Services
The Council of
Superior Court Judges of Georgia, except
as provided in Code Sections 15-6-30 and 15-6-32."
SECTION
4.
Said
title is further amended by revising subsection (d) of Code Section 15-6-30,
relating to travel expenses of superior court judges, as follows:
"(d)
The several judges of the superior courts shall, once a month, submit a detailed
and certified statement of the items of expense, as authorized by this Code
section, to the state auditor; and the state auditor is directed to audit each
account and approve same for payment, if found correct, and to transmit the
total amount to
the
Department of Administrative Services
The Council of
Superior Court Judges of Georgia for
payment from the funds available for the operation of the superior courts of
this state. Senior judges of the superior courts shall, once a month, submit a
detailed and certified statement of the items of expense, as authorized by Code
Sections 47-8-64 and 47-23-100, to the state auditor; and the state auditor is
directed to audit each account and approve same for payment, if found correct,
and to transmit the total amount to
the
Department of Administrative Services
The Council of
Superior Court Judges of Georgia for
payment from the funds available for the operation of the superior courts of
this state."
SECTION
5.
Said
title is further amended by revising Code Section 15-6-31, relating to
contingent expense allowance, which is reserved, as follows:
"15-6-31.
Effective
July 1, 2008, the ministerial functions of the commissioner of administrative
services or of the Department of Administrative Services relating to the payment
of salaries, benefits, and expenses of superior court judges, and other state
paid personnel authorized by this chapter shall be transferred to and performed
by The Council of Superior Court Judges of
Georgia.
Reserved."
SECTION
6.
Said
title is further amended by revising subsections (a) and (d) of Code Section
15-14-6, relating to contingent expenses and travel expenses of court reporters,
as follows:
"(a)
The
Department
of Administrative Services
Council of
Superior Court Judges of Georgia is
authorized and directed to pay from the state treasury the sums specified in
subsection (b) of this Code section as contingent expense and travel allowance
to each duly appointed reporter for the superior courts in all judicial circuits
of this state, such sum being in addition to the compensation of the superior
court reporters provided by law."
"(d)
Annually during the month of January the judge or chief judge of each judicial
circuit shall certify to
the
Department of Administrative Services
The Council of
Superior Court Judges of Georgia the names
and addresses of all persons duly appointed as reporters for the superior courts
in the judicial circuit and shall thereafter notify the
department
council
of the removal of such persons from office or the appointment of additional
persons as superior court reporters, together with the effective date of such
removal or appointment."
SECTION
7.
Said
title is further amended by revising subparagraph (a)(1)(B) of Code Section
15-18-14, relating to the appointment, qualifications, compensation, personnel
actions, and transfers and promotions of prosecuting attorneys, as
follows:
"(B)
Subject to the availability of funding and at the option of the Department of
Human Resources, at least one assistant district attorney to perform duties
described specifically under Code Sections 19-11-23 and 19-11-53 and generally
under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,'
Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of
Support Act,' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate
Family Support Act.' The district attorney retains the authority to appoint one
or more assistant district attorneys, who shall be county employees, to perform
the aforementioned statutory duties, so long as such appointments are pursuant
to a contract for such services with the Department of Human Resources. Once
the election to make this position a state position is made, under this
statutory provision, it shall be irrevocable. Contractual funds shall be paid
by the Department of Human Resources to the
Department
of Administrative Services
Prosecuting
Attorneys´ Council of the State of
Georgia in accordance with the
compensation provisions of this Code section, or at the election of the
appointed attorney, to the appointed attorney´s judicial circuit, in
accordance with the compensation provisions of that judicial circuit;
and"
SECTION
8.
Said
title is further amended by revising subsection (d) of Code Section 15-18-14.2,
relating to victim assistance coordinator, as follows:
"(d)
Not later than June 1 of each year, the Prosecuting Attorneys´ Council of
the State of Georgia shall furnish to each district attorney
and the
Department of Administrative Services a
budget for the judicial circuit based on the amount appropriated by the General
Assembly or otherwise available for personnel and operations of victim
assistance programs authorized by this Code section."
SECTION
9.
Said
title is further amended by revising Code Section 15-18-18, relating to
alternate hiring procedure of secretaries, as follows:
"15-18-18.
(a)
In lieu of hiring a secretary under Code Section 15-18-17, each district
attorney, with the written consent of the governing authority of any county or
counties within his or her judicial circuit, may employ a secretary who shall be
an employee of the county which pays the compensation of the secretary and in
which the governing authority has given its consent to compensate the secretary.
Upon employing the secretary, it shall be the duty of the district attorney to
notify the commissioner of administrative services of such fact and of the
amount of the compensation to be paid to the secretary. It shall be the further
duty of the district attorney to notify the commissioner of any change in the
status or compensation of the secretary. The commissioner of administrative
services shall reimburse the county or counties paying the compensation from
funds appropriated or otherwise available for the operation of the superior
courts for the compensation paid to the secretary plus any employer contribution
paid for the secretary under the act of Congress approved August 14, 1935, 49
Stat. 620, known as the Social Security Act, as amended; but such payments shall
not exceed the maximum amount payable directly to or for a secretary under Code
Section 15-18-17.
(b)
The provisions of this Code section shall apply only to those personnel employed
prior to July 1, 1997. In the event of any vacancy which occurs after July 1,
1997, in a position heretofore compensated by a county pursuant to this Code
section, said vacancy shall be filled as provided in Code Section
15-18-17.
Reserved."
SECTION
10.
Said
title is further amended by revising paragraph (5) of subsection (e) of Code
Section 15-18-19, relating to state paid personnel, powers and policies relating
thereto, and salary schedules, as follows:
"(5)
The compensation of state paid personnel appointed pursuant to this article
shall be paid in equal installments by the
Department
of Administrative Services
Prosecuting
Attorneys´ Council of the State of
Georgia as provided by this subsection
from funds appropriated for such purpose. The council
may, with
the consent of the Department of Administrative
Services, authorize employees compensated
pursuant to this Code section to participate in voluntary salary deductions as
provided by Article 3 of Chapter 7 of Title 45."
SECTION
11.
Said
title is further amended by revising paragraph (2) of subsection (c) of Code
Section 15-18-40, relating to the Prosecuting Attorneys´ Council of the
State of Georgia purpose and function, as follows:
"(2)
From such funds as may be appropriated or otherwise available for the operation
of the
superior courts or prosecuting attorneys,
may provide such administrative functions, services, supplies, equipment, or
operating expenses as may be necessary for the fulfillment of the duties and
responsibilities of such prosecuting attorneys and may contract with
the
Department of Administrative Services or
any other department, bureau, agency, commission, institution, or authority of
this state or any other entity for such purpose."
SECTION
12.
Said
title is further amended by adding a new subsection to Code Section 15-18-40,
relating to the Prosecuting Attorneys´ Council of the State of Georgia
purpose and function, to read as follows:
"(d)
Effective July 1, 2008, the ministerial functions of the commissioner of
administrative services or of the Department of Administrative Services relating
to the payment of salaries, benefits, and expenses for district attorneys and
district attorney personnel appointed pursuant to Article 1 of this chapter or
solicitors-general shall be transferred to and performed by the
council."
SECTION
13.
Said
title is further amended by adding a new subsection to Code Section 15-18-41,
relating to the composition of the Prosecuting Attorneys´ Council of the
State of Georgia, to read as follows:
"(e)
The council may, by two-thirds´ vote of the members, remove any member of
the council for failure to attend meetings, misconduct, incompetency, or neglect
of duty."
SECTION
14.
Said
title is further amended by revising subsection (d) of Code Section 15-18-44,
relating to powers and duties of the Prosecuting Attorneys´ Council of the
State of Georgia, as follows:
"(d)
The council may not provide compensation from its funds to any administrative or
clerical personnel employed by the council if the personnel are then receiving
retirement compensation from the Trial Judges and Solicitors Retirement Fund,
the Peace Officers´ Annuity and Benefit Fund, the Sheriffs´ Retirement
Fund of Georgia, the Superior Court Clerks´ Retirement Fund of Georgia, the
Superior Court Judges Retirement Fund of Georgia, or any other retirement fund
created by state law to provide compensation for past services as a judicial
officer, prosecuting attorney, court officer, or law enforcement officer except
for county or municipal retirement
funds."
SECTION
15.
Said
title is further amended by adding a new Code section to read as
follows:
"15-18-47.
Attorneys
and investigators employed by the council shall meet the same qualifications as
those provided by Code Section 15-18-21 for attorneys and investigators employed
by district attorneys. Such attorneys and investigators shall take and
subscribe to an oath similar to the oath required by district attorneys. When
assisting a district attorney, solicitor-general, or the Attorney General, such
attorneys and investigators shall have the same authority and power as an
attorney or investigator employed by such district attorney, solicitor-general,
or the Attorney General. Investigators employed by the council and authorized
by the council to carry weapons or to exercise any of the powers of a peace
officer of this state shall meet the requirements of Chapter 8 of Title
35."
SECTION
16.
Code
Section 16-11-130 of the Official Code of Georgia Annotated, relating to
exemptions from Code Sections 16-11-126 through 16-11-128, is amended by
revising paragraph (5) of subsection (a) as follows:
"(5)
District attorneys, investigators employed by and assigned to a district
attorney´s office, assistant district attorneys, attorneys
or
investigators employed by the Prosecuting
Attorneys´ Council of
the State
of Georgia, and any retired district
attorney, assistant district attorney,
or
district attorneys
investigator,
or attorney or investigator retired from the Prosecuting Attorneys´ Council
of the State of Georgia, if such
retired
employee is
retired in
good standing and is receiving benefits
under Title 47 or is retired in good standing and receiving benefits from a
county or municipal retirement system;"
SECTION
17.
Article
2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating
to the 'Uniform Reciprocal Enforcement of Support Act,' is amended by revising
paragraph (3) of Code Section 19-11-58, relating to the Department of Human
Resources designation as the state information agency and duties, as
follows:
"(3)
To approve as to form all orders for payment of the district attorneys´
fees and forward same to the
commissioner
of administrative services
Prosecuting
Attorneys´ Council of the State of
Georgia for payment;
and"
SECTION
18.
Said
article is further amended by revising Code Section 19-11-59, relating to
payment of district attorney´s fee, as follows:
"19-11-59.
The
fee of the district attorney arising under this article shall be paid by the
commissioner
of administrative services
Prosecuting
Attorneys´ Council of the State of
Georgia upon receipt of the order for the
payment of such fees that has been approved by the state information agency.
Payment shall be made from funds appropriated for the operation of the
superior
courts
district
attorneys."
SECTION
19.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising subsection (e) of Code Section 45-12-78,
relating to heads of budget units to submit annual estimates, preparation and
submission of budget estimates of legislative and judicial agencies, and review
of budget estimates by the Office of Planning and Budget, as
follows:
"(e)
To effect the goal of decentralization, prior to September 1 of each year, the
Office of Planning and Budget shall send all requests for new, expanded,
relocated, or renovated rental real estate space to the
Department
of Administrative Services for an evaluation to determine conformity with
Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of
1976.'
State
Properties Commission. The
Department
of Administrative Services
State
Properties Commission shall return such
evaluation to the Office of Planning and Budget prior to the Governor´s
submission of the budget to the General Assembly as provided in Code Section
45-12-79."
SECTION
20.
Said
title is further amended by revising subsection (a) of Code Section 45-18-14,
relating to deductions from compensation and benefit payments of share of cost
of coverage under plan of employees, payment of contributions to health
insurance fund by departments, boards, and agencies of state, and coverage of
employee appealing discharge, as follows:
"(a)
During any period in which an employee is covered under this article prior to
the date of his
or
her retirement, there shall be withheld
from each salary payment or other compensation of such employee, as his
or
her share of the cost of coverage under
this plan, such portion of the premium or subscription charges under the terms
of any contract or contracts issued in accordance with this article as may be
established by the board. During any month in which benefits are being paid by
the Employees´ Retirement System of Georgia to an individual so covered
under this program, contributions in the amounts prescribed by the board shall
be deducted from such payments with the consent of the recipient. The various
departments, boards, and agencies of the
executive and
judicial branches of state government
shall contribute to the health insurance fund such portions of the cost of such
benefits as may be established by the board and the Governor as funds become
available in each department, board, and agency, in addition to an amount to be
established by the board to defray the cost of administration and the
state´s portion of the cost of benefits payable for annuitants. The
legislative fiscal officer shall contribute to the health insurance fund as an
employer payment for and on behalf of all members of the General Assembly and
its administrative and clerical personnel. The
Department
of Administrative Services
Prosecuting
Attorneys´ Council of the State of
Georgia shall contribute to the fund as an
employer payment for and on behalf of district attorneys, assistant district
attorneys, and
other paid state personnel appointed
pursuant to
Code
Section 15-18-14, and
Article 1 of
Chapter 18 of Title 15. The Council of Superior Court Judges of Georgia shall
contribute to the fund as an employer payment for and on behalf
of secretaries and law clerks of the
superior courts of the state
and
secretaries employed by district
attorneys. The amount of such
contributions shall be such portions of the costs of such benefits as may be
established by the board; and, in addition thereto, an amount to be established
by the board shall be contributed to defray the costs of administration. The
board shall determine whether such employer portion shall be determined based
upon a percentage of the total outlay for personal services or determined on an
amount per employee electing coverage under the plan based on the coverage
elected, in accordance with the appropriation of funds."
SECTION
21.
Code
Section 50-5B-2 of the Official Code of Georgia Annotated, relating to
administrative units, directors, and employees of the State Accounting Office,
is amended by revising subsection (a) as follows:
"(a)
The state accounting officer shall establish such units within the State
Accounting Office as he or she deems proper for its
administration,
including The Council of Superior Court Judges of Georgia and the Prosecuting
Attorneys´ Council of the State of Georgia as separate units with distinct
accounting functions, and shall designate
persons to be directors and assistant directors of such units to exercise such
authority as he or she may delegate to them in writing."
SECTION
22.
All
laws and parts of laws in conflict with this Act are repealed.