GEORGIA SUPERIOR COURT CLERKS’ COOPERATIVE AUTHORITY March 8, 2016 «entityName» «ContactName» «addressline1» «addresscity», «State» «addressZipCode» Dear «ContactName»: During the 2012 Session, the Georgia General Assembly passed three court fee bills which may impact the court(s) in which you are clerk. The three bills passed are SB 50, HB 351 and HB 1176. Unless vetoed by Governor Deal, each of these bills is set to take effect on July 1, 2012. The purpose of this letter is to advise you of the new changes in the law and provide guidance regarding how the changes will impact your office. Although the GSCCCA forms will not be affected by this new legislation, assessment of surcharges and disbursement of funds will be. Below are synopses of each bill along with additional, relevant information. SB 50 Affects superior and state courts. Modifies O.C.G.A. § 15-6-95 by changing the priority schedule for superior courts. On April 11, 2012, the GSCCCA Board adopted a resolution to add DETF as the fifteenth item on the priority schedule. In addition, the GSCCCA Board adopted a resolution which also applies this priority schedule to state courts. The new priority schedule is listed below. Partial Payment Priority Schedule for Superior and State Courts effective July 1, 2012 (Note: Restitution is always first.) 1. Peace Officers’ Annuity and Benefit Fund (POAB) 2. Clerks’ Retirement Fund (CRF)/Probate Judges’ Retirement Fund (PRF) 3. Sheriffs’ Retirement Fund (SRF) 4. Peace Officer, Prosecutor, and Indigent Defense Fund (POPIDF-A) 5. Peace Officer, Prosecutor, and Indigent Defense Fund (POPIDF-B) 6. Jail Construction and Staffing Fund (JAIL) 7. Local Victims Assistance Program (LVAP) 8. Law Library (LL) 9. County Governing Authority (COUNTY) 10. Georgia Crime Victims Emergency Fund (CVEF) 11. Application Fee (IDAF) 12. Brain and Spinal Injury Trust Fund (BSITF) 13. Drug Abuse Treatment and Education Fund (DATE) 14. Crime Lab Fee (CLF) 15. Driver Education and Training Fund (DETF) Upon the statutes effective date, when applying all future payments for any outstanding funds in accordance with the new priority schedule, no fund should receive more than that originally assessed by virtue of a change in priority. Suite 100 1875 Century Boulevard Atlanta, GA 30345 Telephone 404-327-7320 Facsimile 404-327-7325 www.gsccca.org GEORGIA SUPERIOR COURT CLERKS’ COOPERATIVE AUTHORITY HB 351 Affects probate court. Modifies O.C.G.A. § 47-11-51 by changing the assessment for probate judges retirement fund to a flat $3.00 per criminal case instead of a scaled amount based on the fine amount. The new $3.00 per case assessment will apply to violations with an offense date of July 1, 2012 or later. HB 1176 Affects ALL courts. Modifies O.C.G.A. § 15-21-100 by adding violations which incur the 50% drug abuse treatment and education (DATE) fund surcharge. One of the additional violations which will incur DATE is O.C.G.A. § 40-6-391 (DUI offense). Below is the list of additional violations incurring the DATE fund surcharge. The DATE fund surcharge will apply to the additional violations with an offense date of July 1, 2012 or later. O.C.G.A. § 16-13-30.2 O.C.G.A. § 16-13-30.3 O.C.G.A. § 16-13-30.5 O.C.G.A. § 16-13-31.1 O.C.G.A. § 16-13-32 O.C.G.A. § 16-13-32.1 O.C.G.A. § 16-13-32.2 O.C.G.A. § 16-13-32.3 O.C.G.A. § 16-13-32.4 O.C.G.A. § 16-13-32.5 O.C.G.A. § 16-13-32.6 O.C.G.A. § 3-3-23.1 O.C.G.A. § 40-6-391 O.C.G.A. § 40-6-393 or 40-6-394 if the offender was also charged with a violation of Code Section 40-6-391 A similar notification was sent on April 16, 2012 to the following vendors. If your vendor is not included in the below list, please provide them with these changes due to the 2012 legislative session. If your vendor would like to be included in our email list, please have them contact Rachel Rice at rachel.rice@gsccca.org or 1-866-847-4105 x 1010. CourtWare Solutions Inc Iron Data Solutions Management Data Systems, Inc Sustain Justice Edition Criminal Justice Technologies Information Technologies, Inc. Southern Automated Systems SysCon, Inc. Icon Software Group Ken Kemp Software SureCourt Tyler Technologies Our training coordinator, Rachel Rice, has scheduled several training sessions around the state over the coming months to address any questions you might have related to these legislative changes. Enclosed is the current training brochure. In the meantime, please don’t hesitate to contact our office or visit our website at www.courttrax.org if we can be of any assistance to you. Best regards, John E. Earle Project Director GSCCCA Fines and Fees Division 404.327.7320 Suite 100 1875 Century Boulevard Atlanta, GA 30345 Telephone 404-327-7320 Facsimile 404-327-7325 www.gsccca.org