Payment to Fund of a Portion of Fees Collected in Connection With Marriage Licenses; Duty to Record and Report Collection; Interest; Delinquent Payment; Penalties

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Judges of the Probate Courts Retirement Fund of Georgia
  5. Revenues Collected From Fines and Fees
  6. Payment to Fund of a Portion of Fees Collected in Connection With Marriage Licenses; Duty to Record and Report Collection; Interest; Delinquent Payment; Penalties

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    1. The judges of the probate courts shall withhold the following amounts and pay the same to the board by the twentieth day of the month following the month in which such fees were collected, irrespective of whether such collecting judge of the probate court is now or may hereafter be compensated from fees collected or by a salary, or both:
      1. Twenty percent of all fees collected by any and all judges of the probate courts for any service rendered as such in taking applications for marriage licenses, issuing and recording such marriage licenses, and filing such applications and marriage licenses with the Department of Community Health;
      2. Two dollars of each civil filing fee; and
      3. One dollar of the fee paid for each application for a license to carry a pistol or revolver.
    2. It shall be the duty of each judge of the probate court to keep accurate records of all such fees collected, and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used to provide adjustments of the compensation of the several judges of the probate courts by making retirement benefits available to such judges of the probate courts and to pay the costs of administration incurred by the board.
  2. Each judge of a probate court shall submit with the moneys due under subsection (a) of this Code section a sworn statement of the number and nature of transactions for which such moneys are required to be paid and the amount due. Such sworn statement shall be on a form furnished to each judge of a probate court by the board.
  3. Moneys not paid when due shall bear interest at the rate of 7 percent per annum.
  4. Moneys not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of 5 percent of the principal amount delinquent per month for each month such moneys remain delinquent; but such specific penalty shall not exceed 25 percent. Such specific penalty shall be in addition to the 7 percent per annum interest charged on overdue moneys. All funds due on or before July 10, 1980, shall be delinquent 60 days after such date.
  5. For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty in the amount of $5.00 for each month said report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report.
  6. By affirmative vote of all the members, the board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by subsections (d) and (e) of this Code section.

(Ga. L. 1958, p. 185, § 8; Ga. L. 1959, p. 269, § 1; Ga. L. 1959, p. 354, § 2; Ga. L. 1961, p. 57, § 3; Ga. L. 1968, p. 548, § 6; Ga. L. 1980, p. 1346, § 1; Ga. L. 1986, p. 1494, § 1; Ga. L. 2002, p. 1072, § 1; Ga. L. 2003, p. 139, § 1; Ga. L. 2010, p. 1207, § 64/SB 436.)

The 2010 amendment, effective July 1, 2010, substituted "Department of Community Health" for "Department of Human Resources" near the end of subparagraph (a)(1)(A).

Editor's notes.

- Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: "The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010."

Ga. L. 2010, p. 1207, § 67, not codified by the General Assembly, provides that: "In the event of an irreconcilable conflict between a provision of Sections 62 through 64 of this Act and a provision of another Act enacted at the 2010 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict."

JUDICIAL DECISIONS

Constitutionality.

- Constitutional infirmities existing in the prior version of this statute are not present in the current statute, and this statute does not violate the equal protection or due process clauses of the United States and Georgia Constitutions. Holcombe v. Gunby, 241 Ga. 105, 243 S.E.2d 65 (1978) (see O.C.G.A. § 47-11-50).

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1169 et seq.


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