08 LC 29
3059
Senate
Bill 396
By:
Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th
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 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
amend Code Section 45-12-78 of the Official Code of Georgia Annotated, 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, so as 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 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
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
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
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
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 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
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
6.
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
7.
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
8.
Said
title is further amended by revising subsection (a) of Code Section 15-18-18,
relating to alternate hiring procedure of secretaries, as follows:
"(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
Prosecuting
Attorneys´ Council of the State of
Georgia 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
Prosecuting
Attorneys´ Council of the State of
Georgia of any change in the status or
compensation of the secretary. The
commissioner
of administrative services
Prosecuting
Attorneys´ Council of the State of
Georgia 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."
SECTION
9.
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
10.
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
11.
Code
Section 45-12-78 of the Official Code of Georgia Annotated, 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, is amended by revising subsection (e) 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
12.
All
laws and parts of laws in conflict with this Act are repealed.