Bill Text: GA HB41 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Superior court fees; appellate record and transcript; change; provisions

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2011-03-16 - Effective Date [HB41 Detail]

Download: Georgia-2011-HB41-Introduced.html

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11 LC 34 2795

House Bill 41

By: Representatives Smith of the 131st, Willard of the 49th, and Lindsey of the 54th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be charged by superior court clerks, so as to change the fee charged for the preparation of an appellate record and transcript; to amend Code Section 15-21A-6.1 of the Official Code of Georgia Annotated, relating to the judicial operations fund fee for superior courts, so as to exempt issuance of certificates of appointment of notaries public from the fee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be charged by superior court clerks, is amended by revising paragraph (12) of subsection (g) as follows:

"(12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page	10.00 1.50
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of	35.00"

SECTION 2.

Code Section 15-21A-6.1 of the Official Code of Georgia Annotated, relating to the judicial operations fund fee for superior courts, is amended by revising subsection (a) as follows:

"(a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $125.00, to be known as a judicial operations fund fee, in each civil action or case filed in a superior court except that the state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the superior court and to which a number is assigned shall be subject to such fee, whether such matter is contested or not; provided, however, that the judicial operations fund fee shall not apply to the issuance of certificates of appointment and reappointment of notaries public."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.