Georgia Superior Court Clerks' Cooperative Authority

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  6. Georgia Superior Court Clerks' Cooperative Authority

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    1. There is established the Georgia Superior Court Clerks' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.
    2. As used in this Code section, the term "authority" means the Georgia Superior Court Clerks' Cooperative Authority.
    3. The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors:
      1. The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity;
      2. Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services, supplies, and materials;
      3. Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and
      4. Such other factors as are in the public interest and welfare.

        The authority shall be the sole owner of its compiled and developed information developed through any function performed or any program or system administered on behalf of the authority. For the purposes of this subsection, the authority shall not be considered the sole owner of information developed pursuant to Code Section 15-6-97.2 and Article 5 of Chapter 6 of Title 12.

    1. The authority shall consist of ten members as follows:
      1. The two members who are not required to be superior clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia appointed as provided by prior law shall continue to serve out the terms for which they were appointed. Upon the expiration of the terms of these members one such position shall cease to exist and the successors to the other such position shall be appointed by the executive board of The Council of Superior Court Clerks of Georgia;
      2. The two members appointed by the executive board of The Council of Superior Court Clerks of Georgia who are and shall be superior court clerks appointed as provided by prior law shall continue to serve and their successors shall likewise be superior court clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia;
      3. The one member appointed by the Governor who is and shall be a county commissioner appointed as provided by prior law shall continue to serve and his or her successors shall likewise be county commissioners appointed by the Governor;
      4. The two members appointed by the Governor who are not required to be county commissioners appointed as provided by prior law shall serve out the terms for which they were appointed; and upon the expiration of such terms and thereafter a successor to one such member shall be a superior court clerk appointed by the Governor and a successor to the other such member shall be appointed by the Governor;
      5. One member who shall be a superior court clerk appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule;
      6. One member who shall be a superior court clerk appointed by the Speaker of the House of Representatives;
      7. One member who shall be a superior court judge appointed by the Chief Justice of the Supreme Court of Georgia; and
      8. One member appointed by the Governor.

        All members shall serve for terms of three years each and until their successors are appointed and qualified. All acts performed by the authority prior to April 1, 1994, shall have the same force and effect as if this paragraph had been in effect since the creation of the authority.

    2. Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21.Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
    3. Four members of the authority shall constitute a quorum; and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority.
    4. The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. Unless the board appoints an executive director, the president of The Council of Superior Court Clerks of Georgia shall serve as the executive director and administrative head of the authority.If the president of The Council of Superior Court Clerks of Georgia serves as the administrative head of the authority, he or she may appoint a person as assistant director and delegate such of his or her powers and duties to such assistant as he or she desires. The executive director, with the concurrence and approval of the board, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications and set their salaries; and perform such other duties as may be prescribed by the authority.Such officers, agents, and employees shall serve at the pleasure of the executive director.
    5. The authority may promulgate rules and regulations for its own government and for discharging its duties as may be permitted or required by law or applicable rules and regulations.
    6. The authority shall have perpetual existence.
  3. The Attorney General shall provide legal services for the authority in the same manner provided for in Code Sections 45-15-13 through 45-15-16.
  4. The authority shall have the following powers:
    1. To have a seal and alter the same at its pleasure;
    2. To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;
    3. To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;
    4. To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this Code section and to comply, subject to the provisions of this Code section, with the terms and conditions thereof;
    5. To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts;
    6. To fix and collect fees and charges for data, media, and incidental services furnished by it to any individual or private entity; provided, however, that a schedule of proposed fees and charges shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate by January 2, 1994, and annually thereafter for such action as the General Assembly may desire to take thereon, if any;
    7. To deposit or otherwise invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
    8. To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and
    9. To do all things necessary or convenient to carry out the powers conferred by this Code section and to carry out such duties and activities as are specifically imposed upon the authority by law.
  5. The creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and in no event shall the authority assess a fee against a superior court clerk's office or local government of this state for access to the information compiled by the authority.The authority will perform an essential government function in the exercise of the powers conferred upon it by this Code section. The authority shall not be required to pay taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision.
  6. Any action against the authority shall be brought in the Superior Court of Gwinnett County, Georgia, and such court shall have exclusive, original jurisdiction of such actions; provided, however, actions seeking equitable relief may be brought in the county of residence of any member of the authority.
  7. All money received by the authority pursuant to this Code section shall be deemed to be trust funds to be held and applied solely as provided in this Code section.
  8. The provisions of this Code section shall be deemed to provide an additional and alternative method for doing things authorized by this Code section and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.
  9. This Code section, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.

(Code 1981, §15-6-94, enacted by Ga. L. 1993, p. 1544, § 1; Ga. L. 1994, p. 665, § 1; Ga. L. 2000, p. 850, § 7; Ga. L. 2004, p. 343, § 3; Ga. L. 2004, Ex. Sess., p. ES3, § 2/HB 1EX; Ga. L. 2017, p. 632, § 2-6/SB 132; Ga. L. 2020, p. 493, § 15/SB 429.)

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "provided, however, that a schedule" for "provided, however, a schedule" in the proviso of paragraph (d)(6).

Code Commission notes.

- This Code section and Ga. L. 1993, p. 374, § 1, were both enacted as Code Section 15-6-94. Ga. L. 1993, p. 374, § 1, was renumbered as Code Section 15-6-95.

Pursuant to Code Section 28-9-5, in 1993, a comma was deleted following "authority" in subsection (c).

Pursuant to Code Section 28-9-5, in 1994, "April 1, 1994," was substituted for "the effective date of this paragraph" near the end of the undesignated paragraph in paragraph (b)(1).

JUDICIAL DECISIONS

Central indexing system.

- Effective date for the statewide filing and central indexing system for financing statements under the Uniform Commercial Code was January 1, 1995. Trust Co. Bank v. Georgia Superior Court Clerks' Coop. Auth., 265 Ga. 390, 456 S.E.2d 571 (1995).

OPINIONS OF THE ATTORNEY GENERAL

Limitation on powers.

- Superior Court Clerks' Cooperative Authority may not contract to take over the duties of the Secretary of State to maintain records of notaries public. 1996 Op. Att'y Gen. No. 96-11.

Access to deeds, liens, and plats.

- Georgia Superior Court Clerks' Cooperative Authority is required to produce images and index data in response to Open Records Act, O.C.G.A. § 50-18-70 et seq., requests for information contained on the online information system for deeds, liens, and plats, but may do so in accordance with a fee schedule adopted pursuant to O.C.G.A. § 15-6-94. 2012 Op. Att'y Gen. No. 12-5.


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