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HB 101 - Supplemental appropriations; FY 1998-1999

Coleman, Terry L (142nd)	Murphy, Thomas B (18th)	Walker, Larry (141st)
Buck, III, Thomas B (135th)	Smith, Paul E (12th)	Greene, Gerald E (158th)

Status Summary	HC:	App	SC:	App	FR:	01/14/99	LA:	05/03/99	Signed by Governor

First Reader Summary

A BILL to amend an Act providing appropriations for the State Fiscal Year 1998-1999, so as to change certain appropriations for the State Fiscal Year 1998-1999; and for other purposes.

Code Sections - 45-7-21

HB 101                                              HB 101/AP 
 
      H. B. No. 101 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Coleman of the 142nd, Murphy of the 
      18th, Walker of the 141st, Buck of the 135th, Smith of the 
      12th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 28-1-8 of the Official Code of Georgia 
  1- 2  Annotated, relating to salary and allowances of members and 
  1- 3  officers of the General Assembly, so as to provide that the 
  1- 4  amount of the daily expense allowance shall be fixed by the 
  1- 5  Legislative Services Committee; to provide for the time and 
  1- 6  manner of fixing such allowance; to provide for related 
  1- 7  matters; to amend Chapter 7 of Title 45 of the Official Code 
  1- 8  of Georgia Annotated, relating to compensation of certain 
  1- 9  state officials, so as to change provisions relating to 
  1-10  cost-of-living increases for members of the General 
  1-11  Assembly; to change provisions relating to expense 
  1-12  reimbursement accounts of members of the General Assembly; 
  1-13  to abolish a specific per diem differential account; to 
  1-14  increase the general expense reimbursement account; to 
  1-15  change other matters relating to such expense reimbursement 
  1-16  accounts; to make a conforming change; to change provisions 
  1-17  relating to expense allowances of certain boards, 
  1-18  commissions, and other bodies; to provide for related 
  1-19  matters; to provide for an effective date and for 
  1-20  applicability; to repeal conflicting laws; and for other 
  1-21  purposes. 
 
  1-22       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-23                           SECTION 1. 
 
  1-24  Code Section 28-1-8 of the Official Code of Georgia 
  1-25  Annotated, relating to salary and allowances of members and 
  1-26  officers of the General Assembly, is amended by striking 
  1-27  paragraph (1) of subsection (b) and inserting in its place a 
  1-28  new paragraph to read as follows: 
 
  1-29      "(1) During regular and extraordinary sessions of the 
  1-30      General Assembly, each member shall also receive a daily 
  1-31      expense allowance as provided for in Code Section 
  1-32      45-7-4. Each member shall also receive the mileage 
  1-33      allowance for the use of a personal car when devoted to 
  1-34      official business as provided for in Code Section 
  1-35      50-19-7, for not more than one round trip to and from 
 
 
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  2- 1      the member's residence and the state capitol by the most 
  2- 2      practical route, per calendar week, or portion thereof, 
  2- 3      during each regular and extraordinary session. In the 
  2- 4      event a member travels by public carrier for any part of 
  2- 5      a round trip as provided above, such member shall 
  2- 6      receive a travel allowance of actual transportation 
  2- 7      costs for each such part in lieu of the mileage 
  2- 8      allowance. For each day's service within the state as a 
  2- 9      member of a standing committee or of an interim 
  2-10      committee created by or pursuant to a resolution of 
  2-11      either or both houses or as a member of a committee, 
  2-12      board, bureau, commission, or other agency created by or 
  2-13      pursuant to statute or the Constitution of Georgia, such 
  2-14      member shall receive a daily expense allowance as 
  2-15      provided for in Code Section 45-7-4 allowance and the 
  2-16      mileage allowance for the use of  a personal car when 
  2-17      devoted to official business as provided for in Code 
  2-18      Section 50-19-7 or a travel allowance of actual 
  2-19      transportation costs if traveling by public carrier. Any 
  2-20      such member shall also be reimbursed for any conference 
  2-21      or meeting registration fee incurred in the performance 
  2-22      of his or her official duties as a member of any 
  2-23      committee, board, bureau, commission, or other agency. 
  2-24      In the event it becomes necessary for a committee to 
  2-25      rent a meeting room in the performance of the duties of 
  2-26      the committee, the committee chairman chairperson must 
  2-27      have prior written approval of the President of the 
  2-28      Senate or the Speaker of the House, or both, as the case 
  2-29      may be, depending on the composition of the committee. 
  2-30      The expense of such rental shall be billed to the 
  2-31      committee. For each day's service out of state as a 
  2-32      member of any committee, board, bureau, commission, or 
  2-33      other agency, such member shall receive actual expenses 
  2-34      as an expense allowance, plus the mileage allowance for 
  2-35      the use of a personal car when devoted to official 
  2-36      business as provided for in Code Section 50-19-7 or a 
  2-37      travel allowance of actual transportation costs if 
  2-38      traveling by public carrier or by rental motor vehicle. 
  2-39      The amount of the daily expense allowances provided for 
  2-40      in this paragraph shall be fixed by the Legislative 
  2-41      Services Committee; provided, however, that the amount 
  2-42      of the daily expense allowance shall remain at $75.00 
  2-43      until changed by the Legislative Services Committee. The 
  2-44      Legislative Services Committee shall review, and when 
  2-45      appropriate revise, the amount of the daily expense 
  2-46      allowance at its fourth calendar quarter meeting in each 
 
 
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  3- 1      fiscal year, with the revisions to take effect in the 
  3- 2      following fiscal year. The committee may likewise review 
  3- 3      and revise the amount at other times as deemed 
  3- 4      appropriate by the Legislative Services Committee. The 
  3- 5      amount of the daily expense allowance shall be fixed by 
  3- 6      the Legislative Services Committee in an amount which 
  3- 7      reasonably corresponds to the housing and meal expenses 
  3- 8      typically incurred by members in the performance of 
  3- 9      their duties; provided, however, that the amount so 
  3-10      fixed shall not exceed the federal per diem rate in 
  3-11      effect for the state capital as specified by the General 
  3-12      Services Administration at the time that the committee 
  3-13      acts." 
 
  3-14                           SECTION 2. 
 
  3-15  Chapter 7 of Title 45 of the Official Code of Georgia 
  3-16  Annotated, relating to compensation of certain state 
  3-17  officials, is amended in Code Section 45-7-4, relating to 
  3-18  salaries of certain state officials, by striking 
  3-19  subparagraphs (A) through (F) of paragraph (22) of 
  3-20  subsection (a) and inserting in place thereof new 
  3-21  subparagraphs (A) through (E) to read as follows: 
 
  3-22        "(A) Reserved. When employees of the 
  3-23        executive, judicial, and legislative 
  3-24        branches of government receive a 
  3-25        cost-of-living increase of a certain 
  3-26        percentage, the members of the General 
  3-27        Assembly shall receive a cost-of-living 
  3-28        increase of one-half the percentage 
  3-29        applicable to such state employees. 
 
  3-30        (B) Each member of the General Assembly 
  3-31        shall also receive the allowances 
  3-32        provided by law.  The amount of the 
  3-33        daily expense allowance which each 
  3-34        member is entitled to receive under the 
  3-35        provisions of Code Section 28-1-8 shall 
  3-36        be $75.00 as provided in that Code 
  3-37        section.  The mileage allowance for the 
  3-38        use of a personal car on official 
  3-39        business shall be the same as that 
  3-40        received by other state officials and 
  3-41        employees. 
 
  3-42        (C) In addition to any other 
  3-43        compensation and allowances authorized 
 
 
 
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  4- 1        for members of the General Assembly, 
  4- 2        each member may be reimbursed for per 
  4- 3        diem differential and for actual 
  4- 4        expenses incurred in the performance of 
  4- 5        duties within the state as a member of 
  4- 6        the General Assembly in an amount not to 
  4- 7        exceed $4,800.00 $7,000.00 per year. 
  4- 8        Expenses reimbursable up to such amount 
  4- 9        shall be limited to one or more of the 
  4-10        following purposes: lodging, meals, per 
  4-11        diem differential, postage, personal 
  4-12        services, printing and publications, 
  4-13        rents, supplies (including software), 
  4-14        telecommunications, transportation, 
  4-15        utilities, purchasing or leasing of 
  4-16        equipment under $500.00, and leasing of 
  4-17        equipment which would cost over $500.00 
  4-18        to purchase.  If equipment purchased by 
  4-19        a member has a depreciated value of 
  4-20        $100.00 or less when such member leaves 
  4-21        office, the equipment does not need to 
  4-22        be returned to the state.  No 
  4-23        reimbursement shall be made for any 
  4-24        postage which is used for a political 
  4-25        newsletter.  No reimbursement shall be 
  4-26        paid for lodging or meals for any day 
  4-27        for which a member receives the daily 
  4-28        expense allowance as provided in this 
  4-29        paragraph.  Such expenses shall be 
  4-30        reimbursed upon the submission of sworn 
  4-31        vouchers to the legislative fiscal 
  4-32        office.  Such sworn vouchers shall be 
  4-33        accompanied by a supporting document or 
  4-34        documents showing payment for each 
  4-35        expense claimed or an explanation of the 
  4-36        absence of such documentation.  No sworn 
  4-37        voucher or supporting document shall be 
  4-38        required for per diem differential.  No 
  4-39        per diem differential shall be 
  4-40        reimbursed under this subparagraph (C) 
  4-41        until and unless the member has 
  4-42        exhausted all reimbursement for per diem 
  4-43        differential which may be claimed under 
  4-44        subparagraph (D) of this paragraph.  
 
 
 
 
                                 -4- 
 
 
 
  5- 1        (D) In addition to reimbursement for 
  5- 2        actual expenses incurred as provided in 
  5- 3        subparagraph (C) of this paragraph, each 
  5- 4        member shall upon his or her claim be 
  5- 5        entitled to receive an allowance of per 
  5- 6        diem differential for up to 50 days per 
  5- 7        year for which the member received the 
  5- 8        daily expense allowance.  In any year in 
  5- 9        which there is held any special session 
  5-10        of the General Assembly, the number of 
  5-11        days for which per diem differential may 
  5-12        be claimed under this subparagraph (D) 
  5-13        shall be increased by the number of days 
  5-14        in such special session. 
 
  5-15        (E)(D) The amount of per diem 
  5-16        differential which may be claimed for 
  5-17        each day under subparagraph (C) or (D) 
  5-18        of this paragraph shall be the 
  5-19        difference between the daily expense 
  5-20        allowance authorized for members of the 
  5-21        General Assembly and $119.00; provided, 
  5-22        however, that the general appropriations 
  5-23        Act for any fiscal year may increase 
  5-24        such amount of $119.00 per day to an 
  5-25        amount not in excess of the federal per 
  5-26        diem rate then in effect for the state 
  5-27        capital as specified by the General 
  5-28        Services Administration.  Per diem 
  5-29        differential shall be paid by the 
  5-30        legislative fiscal office to the member 
  5-31        upon the member's notification to the 
  5-32        legislative fiscal office of the days 
  5-33        for which the daily expense allowance 
  5-34        was received for which the member wishes 
  5-35        to claim the per diem differential, and 
  5-36        the legislative fiscal office shall keep 
  5-37        a record of the days for which per diem 
  5-38        differential is so claimed and paid. 
 
  5-39        (F)(E) For the purposes of this 
  5-40        paragraph, a year shall begin on the 
  5-41        convening date of the General Assembly 
  5-42        in regular session each year and end on 
  5-43        the day prior to the convening of the 
  5-44        General Assembly in the next calendar 
  5-45        year.  Any voucher or claim for any 
 
 
                                 -5- 
 
 
 
  6- 1        reimbursement for any year as defined in 
  6- 2        this paragraph shall be submitted no 
  6- 3        later than the fifteenth of April 
  6- 4        immediately following the end of such 
  6- 5        year.  No reimbursement shall be made on 
  6- 6        any voucher or claim submitted after 
  6- 7        that date.  Any amounts remaining in 
  6- 8        such expense account at the end of the 
  6- 9        first year of the two year biennium may 
  6-10        be claimed for expenses incurred during 
  6-11        the second year of the two year 
  6-12        biennium.  Any amounts remaining in any 
  6-13        expense account which are not so claimed 
  6-14        by April 15 of the year following the 
  6-15        second year of the biennium and any 
  6-16        amounts claimed which are returned as 
  6-17        hereafter provided for in this paragraph 
  6-18        shall lapse and shall be remitted by the 
  6-19        legislative fiscal office to the general 
  6-20        fund of the state treasury.  Any former 
  6-21        member of the General Assembly may be 
  6-22        reimbursed for expenses incurred while a 
  6-23        member of the General Assembly upon 
  6-24        compliance with the provisions of this 
  6-25        paragraph.  The Legislative Services 
  6-26        Committee is empowered to provide such 
  6-27        procedures as it deems advisable to 
  6-28        administer the provisions of this 
  6-29        paragraph, including, but not limited 
  6-30        to, definitions of the above list of 
  6-31        items for which reimbursement may be 
  6-32        made and the form of the voucher or 
  6-33        claim which must be submitted to the 
  6-34        legislative fiscal office.  In the event 
  6-35        of any disagreement as to whether any 
  6-36        reimbursement shall be made or any 
  6-37        allowance shall be paid, the Legislative 
  6-38        Services Committee shall make the final 
  6-39        determination.  In the event any 
  6-40        reimbursement is made or any allowance 
  6-41        is paid and it is later determined that 
  6-42        such reimbursement or payment was made 
  6-43        in error, the person to whom such 
  6-44        reimbursement or payment was made shall 
  6-45        remit to the legislative fiscal office 
  6-46        the amount of money involved.  In the 
 
 
                                 -6- 
 
 
 
  7- 1        event any such person refuses to make 
  7- 2        such remittance, the legislative fiscal 
  7- 3        office is authorized to withhold the 
  7- 4        payment of any other moneys to which 
  7- 5        such person is entitled until the amount 
  7- 6        of such reimbursement or payment which 
  7- 7        was made in error shall be realized." 
 
  7- 8                          SECTION 2.1. 
 
  7- 9  Said Chapter 7 of Title 45 is further amended in Code 
  7-10  Section 45-7-4 striking subsection (b) and inserting in its 
  7-11  place a new subsection to read as follows: 
 
  7-12    "(b) As a cost-of-living adjustment except as qualified 
  7-13    below as to members and member-officers of the General 
  7-14    Assembly, the annual salary of each state official whose 
  7-15    salary is established by Code Section 45-7-3, this Code 
  7-16    section, and Code Sections 45-7-20 and 45-7-21, other than 
  7-17    including members of the General Assembly, the Speaker of 
  7-18    the House of Representatives, the President Pro Tempore of 
  7-19    the Senate, and the Speaker Pro Tempore of the House of 
  7-20    Representatives, may be increased by the General Assembly 
  7-21    in the General Appropriations Act by a percentage not to 
  7-22    exceed the average percentage of the general increase in 
  7-23    salary as may from time to time be granted to employees 
  7-24    who are in the classified service of the state merit 
  7-25    system of the executive, judicial, and legislative 
  7-26    branches of government.  However, any increase for such 
  7-27    officials shall not include within-grade step increases 
  7-28    for which classified employees of the state merit system 
  7-29    are eligible.  Any increase granted pursuant to this 
  7-30    subsection shall become effective at the same time that 
  7-31    funds are made available for the increase for such 
  7-32    employees, except increases for members and 
  7-33    member-officers of the General Assembly.  That portion of 
  7-34    the increase determined by the Legislative Services 
  7-35    Committee to reflect a cost-of-living increase based upon 
  7-36    objective economic criteria shall become effective for 
  7-37    members and member-officers at the same time that funds 
  7-38    are made available for the increase for such employees. 
  7-39    The balance of the increase for members and 
  7-40    member-officers of the General Assembly shall become 
  7-41    effective on the convening of the next General Assembly in 
  7-42    January of the next odd-numbered year.  The Office of 
  7-43    Planning and Budget shall calculate the average percentage 
  7-44    increase." 
 
 
 
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  8- 1                           SECTION 3. 
 
  8- 2  Said Chapter 7 of Title 45 is further amended by striking 
  8- 3  Code Section 45-7-21, relating to expense reimbursement for 
  8- 4  members of certain boards and commissions, and inserting in 
  8- 5  its place a new Code section to read as follows: 
 
  8- 6    "45-7-21. 
 
  8- 7    (a) Each member of the boards and commissions enumerated 
  8- 8    in this Code section shall receive the same expense 
  8- 9    allowance per day as that received by a member of the 
  8-10    General Assembly for each day such member of a board or 
  8-11    commission is in attendance at a meeting of such board or 
  8-12    commission, plus reimbursement for actual transportation 
  8-13    costs while traveling by public carrier or the legal 
  8-14    mileage rate for the use of a personal automobile in 
  8-15    connection with such attendance.  The expense allowance 
  8-16    and reimbursement provided for in this Code section shall 
  8-17    be paid in lieu of any per diem, allowance, or other 
  8-18    remuneration now received by any such member for such 
  8-19    attendance.  The existing law relative to any limitation 
  8-20    on the number of meeting days and remuneration for service 
  8-21    on committees or subcommittees of any such board or 
  8-22    commission shall remain in effect. The boards and 
  8-23    commissions to which this Code section shall be applicable 
  8-24    are as follows: 
 
  8-25      (1) State Board of Education; 
 
  8-26      (2) State Medical Education Board; 
 
  8-27      (3) Board of Regents of the University System of 
  8-28      Georgia; 
 
  8-29      (4) Board of Corrections; 
 
  8-30      (5) Board of Industry, Trade, and Tourism; 
 
  8-31      (6) Board of Natural Resources; 
 
  8-32      (7) State Transportation Board; 
 
  8-33      (8) Dental Education Board; 
 
  8-34      (9) Georgia Student Finance Commission; 
 
  8-35      (10) Veterans Service Board; 
 
  8-36      (11) Georgia Agricultural Exposition Authority; 
 
  8-37      (12) Georgia Board for Physician Workforce; 
 
 
 
                                 -8- 
 
 
 
  9- 1      (13) Georgia Music Hall of Fame Authority; 
 
  9- 2      (14) Georgia Sports Hall of Fame Authority; and 
 
  9- 3      (15) Georgia Rail Passenger Authority. 
 
  9- 4    (b) Whenever this Code section or any other law of this 
  9- 5    state provides that members of any board, commission, or 
  9- 6    other body shall receive the same daily expense allowance 
  9- 7    as members of the General Assembly, whether by specific 
  9- 8    reference to this Code section or any other law or by a 
  9- 9    more general reference, the members of such board, 
  9-10    commission, or other body shall receive a daily expense 
  9-11    allowance of $75.00.  Such $75.00 amount shall apply for 
  9-12    members of such boards, commissions, and other bodies, 
  9-13    regardless of whether the amount actually received by 
  9-14    members of the General Assembly under Code Section 28-1-8 
  9-15    is more or less than $75.00.  The provisions of this 
  9-16    subsection shall control over any conflicting provisions 
  9-17    of any other earlier enacted law." 
 
  9-18                           SECTION 4. 
 
  9-19  This Act shall become effective upon its approval by the 
  9-20  Governor or upon its becoming law without such approval, 
  9-21  except that the provisions of this Act relating to the 
  9-22  reimbursable expense accounts provided for in subparagraphs 
  9-23  (a)(22)(C) and (a)(22)(D) of Code Section 45-7-4 shall take 
  9-24  effect on the date of convening of the year 2000 session of 
  9-25  the General Assembly  and Section 2.1 of this Act shall take 
  9-26  effect on the date of convening of the year 2001 session of 
  9-27  the General Assembly. 
 
  9-28                           SECTION 5. 
 
  9-29  All laws and parts of laws in conflict with this Act are 
  9-30  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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