Georgia HB 288: Superior courts; revise the sums that the clerks are entitled to charge and collect for filing documents and instruments pertaining to real estate or personal property

Bill Text

19LC 41 1904S/AP
H. B. 288
- 1 -
House Bill 288 (AS PASSED HOUSE AND SENATE)
By: Representatives Powell of the 32
nd
, Silcox of the 52
nd
, Dollar of the 45
th
, Dreyer of the
59
th
, and Kendrick of the 93
rd
 
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 9-15-4, Article 2 of Chapter 6 of Title 15, and Code Section 19-8-13
1
of  the  Official  Code  of  Georgia  Annotated,  relating  to  deposit  prior  to  filing  by  clerk,2
exception  if  affidavit  of  indigence  filed,  repayment  of  excess,  and  exemptions,  clerks  of3
superior courts, and petition, filing and contents, financial disclosures, attorney's affidavit,4
and redaction of certain information unnecessary, respectively, so as to revise the sums that5
the clerks of the superior courts are entitled to charge and collect for filing documents and6
instruments pertaining to real estate or personal property; to provide for a flat sum structure;7
to repeal certain related alternative fees; to repeal provisions related to additional fees and8
costs in counties having a certain sized population; to provide for related matters; to provide9
for an effective date; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposit prior to13
filing  by  clerk,  exception  if  affidavit  of  indigence  filed,  repayment  of  excess,  and14
exemptions, is amended by revising subsection (a) as follows:15
"(a)  A clerk of the superior court shall not be required to file any civil case or proceeding16
until the fee required by Code Section 15-6-77 and Code Section 15-6-77.2, relating to fees17
of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if18
the party desiring to file the case or proceeding is unable because of his indigence to pay19
the fee and the party files with the clerk an affidavit to such effect."20
SECTION 2.21
Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to22
clerks of superior courts, is amended by revising subsections (b) and (c), paragraph (4) of23
subsection  (e),  and  subsections  (f)  and  (o)  of  Code  Section  15-6-77,  relating  to  fees  and24
construction of other fee provisions, as follows:25

19LC 41 1904S/AP
H. B. 288
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"(b)  All sums as provided for in this Code section shall be inclusive of the sums that the
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clerks of the superior courts may be required to collect pursuant to Code Section 15-6-61,27
15-6-77.4, 15-6-98, 45-17-4, or 47-14-51, or as otherwise provided by law as a deduction28
from the applicable fee.  The sums provided in this Code section are exclusive of costs for29
service of process or other additional sums as may be provided by law.30
(c)  In all counties in this state where the clerk of the superior court is paid or compensated31
on a salary basis, the Any fees received as provided for in this Code section shall be paid32
into the county treasury less and except such sums as are otherwise directed to be paid by33
the clerk to another entity according to some other general law expressly providing for34
same, including, but not limited to, any sums pursuant to Code Section 15-6-61 and such35
sums  as  are  collected  pursuant  to  Code  Section  36-15-9  and  Code  Section  15-6-77.4,36
15-6-98, 36-15-9, 45-17-4 or 47-14-51, which sums shall be remitted to such authorities37
as  provided  by  law.    Fees,  sums,  or  other  remuneration  for  the  performance  of  duties38
provided for under the laws of the United States or regulations promulgated pursuant to39
such laws shall be as provided in such laws or regulations as personal compensation to the40
clerk of the superior court for the performance of such duties."41
"(4)  No fee or cost shall be assessed for any service rendered by the clerk of superior42
court through entry of judgment in family violence cases under Chapter 13 of Title 19 or43
in connection with the filing, issuance, registration, or service of a protection order or a44
petition  for  a  prosecution  order  to  protect  a  victim  of  domestic  violence,  stalking,  or45
sexual  assault.    A  petitioner  seeking  a  temporary  protective  order  or  a  respondent46
involved in a temporary protective order hearing under the provisions of Code Section47
19-13-3 or 19-13-4 shall be provided with a foreign language or sign language interpreter48
when necessary for the hearing on the petition.  The reasonable cost of the interpreter49
shall be paid by the local victim assistance funds as provided by Article 8 of Chapter 2150
of this title.  The provisions of this paragraph shall control over any other conflicting51
provisions  of  law  and  shall  specifically  control  over  the  provisions  of  Code  Sections52
15-6-77.1, 15-6-77.2, and 15-6-77.3."53
"(f)    Sums  for  filing  documents,  instruments,  etc.,  pertaining  to  real  estate  or  personal54
proper