In many counties, the probate judge serves as the local custodian, local registrar and/or abstracting agent for certain vital records like birth and death certificates. In other counties, the responsibility for handling vital records has been transferred to the county health department. Where the probate judge is still the vital records custodian, he receives fees for recording or making copies of those records. This can generate a substantial amount of revenue to the probate judge--all of which is deemed to be personal compensation on top of whatever compensation he earns as a probate judge. Given that the county governing authority generally pays for the storage, copying, maintenance and staffing support for the service, the General Assembly enacted legislation authorizing county commissioners to cap vital records fees retained by a probate judge at $7500 per annum. Any fees collected over the cap are to be deposited in the general fund of the county. In addition, under the new law, probate judges who handle vital records are required to prepare and submit quarterly reports to the county governing authority summarizing the fees collected for handling vital records. The new law, found at O.C.G.A. § 15-9-68, became effective on January 1, 1997. The county governing authority must trigger the cap by adopting a resolution or ordinance to that effect. To assist in this matter, the following model resolution is being made available:

RESOLUTION
Cap on Probate Judge's Vital Records Fees

WHEREAS, the judge of probate court of _____________ county serves as the local custodian, local registrar and/or special abstracting agent for certain vital records in accordance with O.C.G.A. §§ 31-10-8 and 31-10-27; and

WHEREAS, the judge of probate court receives personal compensation in addition to his regular compensation as a public official of the county in the form of fees for recording and providing copies of said vital records; and

WHEREAS, O.C.G.A. § 15-9-68 authorizes the governing authority of any county whose probate judge receives fees for serving as local custodian, local registrar, or special abstracting agent pursuant to O.C.G.A. §§ 31-10-8 and 31-10-27 to limit the total amount of fees authorized to be retained as personal compensation for such services to an aggregate amount not less than an amount equal to the fees collected or $7,500.00, whichever is less, in any calendar year beginning on or after January 1, 1997; and

WHEREAS, O.C.G.A. § 15-9-68 further requires any probate judge who receives fees pursuant to O.C.G.A. §§ 31-10-8 and 31-10-27 to prepare and submit a report at least quarterly to the county governing authority specifying the amount received during the quarter for which the report is submitted.

NOW, THEREFORE, BE IT RESOLVED by the board of commissioners of ______________ county that fees received by the probate judge of ______________ county be limited to the amount equal to the fees collected or $7,500.00, whichever is less, in any calendar year beginning on or after January 1, 1997.

BE IT FURTHER RESOLVED that the probate judge of _________________ county prepare a report for each quarter beginning January 1, 1997 specifying the amounts received during the quarter for which the report is submitted. Each such report shall be submitted to the clerk of the governing authority of _________________ county no later that 15 calendar days following the completion of the quarter and shall contain an affidavit sworn to by the probate judge certifying the accuracy of the report submitted. At his discretion, the probate judge may provide such reports on a more frequent basis.

This the _______ day of _____________________19___.

______________________________
Chairman

ATTEST:

______________________________
Clerk