05 SB328/AP
Senate
Bill 328
By:
Senators Adelman of the 42nd, Butler of the 55th, Jones of the 10th, Thompson of
the 5th, Miles of the 43rd and
others
AS PASSED
AS PASSED
AN
ACT
To
create the DeKalb County Court Technology Fund; to authorize the imposition and
collection of a technology fee for the filing of certain cases and the
imposition of surcharges to certain fines; to specify the uses to which such
fees and surcharges may be put; to provide for the auditing and accounting for
such fund; to provide for a supervising board for such fund and the membership,
composition, authority, powers, and duties thereof; to provide for related
matters; to provide an effective date and automatic repeal; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
DeKalb County Court Technology Fund is hereby established.
SECTION
2.
The
clerk of the State Court of DeKalb County is authorized and shall be entitled to
charge a surcharge of $5.00 to each fine imposed in each citation or accusation
for which a defendant is found guilty or enters a plea of guilty, nolo
contendere, or other plea resulting in the imposition of a fine in the State
Court of DeKalb County. Such surcharges shall be deposited by the clerk in the
DeKalb County Court Technology Fund.
SECTION
3.
The
clerk of the Recorders Court of DeKalb County is authorized and shall be
entitled to charge and collect a surcharge of $5.00 to each fine imposed in each
citation for which a defendant is found guilty or enters a plea of guilty, nolo
contendere, or other plea resulting in the imposition of a fine in the Recorders
Court of DeKalb County. Such surcharges shall be deposited by the clerk in the
DeKalb County Court Technology Fund.
SECTION
4.
The
clerk of the State Court of DeKalb County shall establish an account designated
as the DeKalb County Court Technology Fund in the same manner as the clerk
establishes other accounts of his or her office. The clerk shall:
(1)
Maintain accurate records of all funds collected or imposed in accordance with
this Act;
(2)
Reconcile said account in the same manner as all other accounts supervised by
the clerk;
(3)
Be subject to the same audit requirements as all other accounts held by the
clerk; and
(4)
Provide the Supervising Board of the DeKalb County Court Technology Fund with
an annual report of all expenditures and collections of the DeKalb County Court
Technology Fund.
SECTION
5.
There
is created the Supervising Board of the DeKalb County Court Technology Fund
which shall consist of five members. One member shall be a judge of the State
Court of DeKalb County selected by majority vote of the active judges of the
State Court of DeKalb County, one member shall be a judge of the Magistrate
Court of DeKalb County selected by majority vote of the active judges of the
Magistrate Court of DeKalb County, one member shall be a judge of the Recorders
Court of DeKalb County selected by majority vote of the active judges of the
Recorders Court of DeKalb County, one member shall be the clerk of the State
Court of DeKalb County or his or her designee, and one member shall be the
director of information systems for DeKalb County. Each member selected to
serve on the board shall serve at the pleasure of the body or individual making
such selection.
SECTION
6.
The
Supervising Board of the DeKalb County Court Technology Fund shall have the sole
authority to direct the clerk to expend funds for technology for the courts in
DeKalb County and may authorize the clerk to make reasonable expenditures for
authorized projects from the fund, as necessary. In no case shall the fund be
used for salaries or benefits for full-time personnel, but may be used to
provide for temporary technical design and programming assistance on a
case-by-case basis including payments for services in the design and
implementation of systems to share information by and between the courts. Each
such expenditure shall be documented by the clerk in a manner consistent with
expenditures made by the clerk in other court related accounts.
SECTION
7.
The
first meeting of the supervising board shall be called by the clerk at which
meeting the board shall select from its members a chairperson of the board who
shall call meetings as necessary for the proper operation of the board. The
supervising board shall meet no less than once each year to accept and review
the annual report of the fund from the clerk but may meet, at the
board́s
discretion, without public notice and with no less than three members in
attendance.
SECTION
8.
Moneys
collected and deposited into the DeKalb County Court Technology Fund shall be
used to supplement the funds appropriated to the offices of the clerk of the
Superior Court of DeKalb County, the State Court of DeKalb County, the
Magistrate Court of DeKalb County, and other courts in the DeKalb County court
system, but shall not be used to supplant those funds appropriated by the DeKalb
County Board of Commissioners or the DeKalb County government.
SECTION
9.
This
Act shall become effective on July 1, 2005, and shall be repealed by operation
of law on June 30, 2006.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.