Georgia HB 530: General Assembly; annexation by local Act; provide for additional requirements and procedures

Bill Text

26 HB 530/AP
House Bill 530 (AS PASSED HOUSE AND SENATE)
By: Representatives Leverett of the 123
rd, Reeves of the 99
th, Scoggins of the 14
th, Kelley of
the 16
th, and Oliver of the 84
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated,1
relating to time, place, and procedure, so as to provide for electronic filing of pleadings and2
other documents in probate court; to provide for the promulgation of rules; to provide for3
fees; to provide for access to pleadings for certain staff and litigants; to provide for4
limitations and exceptions; to provide for applicability; to provide for related matters; to5
repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time,9
place, and procedure, is amended by adding a new Code section to read as follows:10
"15-9-86.2.11
(a)(1)(A) On or before January 1, 2029, pursuant to standards and rules promulgated12
by the Council of Probate Court Judges of Georgia, probate courts shall provide for the13
electronic filing of all pleadings and any other document related thereto in any civil14
matter in a probate court and provide for the acceptance of payments and remittances15
by electronic means.16
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(B)(i) On and after January 1, 2029, except as provided in paragraph (6) of this17
subsection, all pleadings and any other document related thereto in any civil matter18
in a probate court shall be filed by electronic means through the court's electronic19
filing service provider.20
(ii) Except as provided in paragraph (6) of this subsection, once a court has21
commenced mandatory electronic filings in civil cases, a clerk shall not accept, file,22
or docket any pleading or any other form of paper document related thereto from an23
attorney, or party if he or she is pro se, in a civil case; provided, however, that to24
protect and promote access to the courts, courts shall reasonably accommodate parties25
by accepting and then converting and maintaining in electronic form pleadings or26
other form of paper documents related thereto presented physically at the courthouse27
by an attorney or a pro se party or otherwise received by the court from a pro se party.28
The clerk shall not charge the fee as set forth in subparagraph (A) of paragraph (2) of29
this subsection for such filings but when payment is submitted by credit card or bank30
draft, the clerk may charge the convenience fee as set forth in subparagraph (B) of31
paragraph (2) of this subsection.32
(iii) Once a court has commenced mandatory electronic filings in civil cases, the33
court shall be required to provide a public terminal either within the administrative34
office space of the probate court or the county law library for any party to35
electronically file pleadings or other documents related thereto.36
(2) Except as provided in paragraph (3) of this subsection, a court's electronic filing37
service provider may charge a fee which shall be a recoverable court cost and only38
include a:39
(A) One-time fee for electronically filing pleadings or documents in a civil action and40
the electronic service of pleadings, regardless of how many parties shall be served,41
which shall not exceed $30.00 per filer, per case. Such fee shall be paid at the time of42
the first filing on behalf of a party, provided that, when filings are submitted via a43
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26 HB 530/AP
public access terminal, such fee shall be paid upon the first filing not using such44
terminal; and45
(B) Convenience fee for credit card and bank drafting services, which shall not exceed46
3.5 percent, plus a 30¢ payment services fee per transaction.47
(3) No electronic filing service provider shall charge a fee pursuant to this subsection for48
the filing of:49
(A) Pleadings or documents related thereto filed:50
(i) By any local, state, or federal office, officer, or agency;51
(ii) By attorneys appointed by the probate court to represent the interest of any party;52
(iii) By guardians ad litem; or53
(iv) On behalf of a municipal corporation or county government; or54
(B) Leaves of absence or conflict notices filed pursuant to the Uniform Rules for the55
Probate Court.56
(4) With respect to the fee charged pursuant to subparagraph (A) of paragraph (2) of this57
subsection, the probate court shall retain $2.00 of the transaction fee and remit it to the58
governing authority of the county. No other portion of such transaction fee shall be59
remitted to any other office or entity of the state or governing authority of a county or60
municipality.61
(5) An attorney, or party if he or she is pro se, shall be allowed unlimited access to view62
and download any pleading or document electronically filed in connection to the civil63
action in which he or she is counsel of record or a pro se party, and an electronic servic