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HB399.html
01 HB 399/AP
House Bill 399 (AS PASSED HOUSE
AND SENATE)
By: Representatives Royal of the
164th, Walker of the 141st, Skipper of the
137th, Jamieson of the 22nd and Shanahan of the
10th
A BILL TO BE
ENTITLED
AN ACT
To amend Article 2 of Chapter 5 of Title 36 of the Official
Code of Georgia Annotated, relating to county governing authorities, so as to
provide a procedure for establishing compensation for members of county
governing authorities and elected chief executive officers; to provide for
definitions, conditions, and notice; to provide that compensation in effect on
January 1, 2001, shall remain in effect until increased; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 36 of the Official Code of
Georgia Annotated, relating to county governing authorities, is amended by
striking Code Section 36-5-24, which is reserved, and inserting in its place a
new Code Section 36-5-24 to read as
follows:
"36-5-24.
(a)
As used in this Code section, the term:
(1) 'County
governing authority' means a governing authority as defined in paragraph (7) of
Code Section 1-3-3 and an elected county chief executive
officer.
(2) 'Expenses in the nature of compensation'
means any expense allowance or any form of payment or reimbursement of expenses
other than reimbursement for expenses actually and necessarily incurred by
members of a county governing authority.
(b) Unless
otherwise provided by local law, the governing authority of each county is
authorized to fix the salary, compensation, expenses, and expenses in the nature
of compensation of the members of the governing authority subject to the
following conditions:
(1) Any increase in salary,
compensation, expenses, or expenses in the nature of compensation for members of
a county governing authority shall not be effective until the first day of
January of the year following the next general election held after the date on
which the action to increase the compensation was
taken;
(2) A county governing authority shall take no
action to increase salary, compensation, expenses, or expenses in the nature of
compensation until notice of intent to take such action and the fiscal impact of
such action has been published in a newspaper designated as the legal organ for
the county at least once a week for three consecutive weeks immediately
preceding the meeting at which the action is taken;
and
(3) Such action shall not be taken during the
period of time beginning with the date that candidates for election as members
of the county governing authority may first qualify as such candidates and
ending with the first day of January following the date of
qualification.
(c) Salary, compensation, expenses, and
expenses in the nature of compensation paid to members of a county governing
authority in accordance with applicable local or general salary laws in effect
on January 1, 2001, and as subsequently amended, shall continue in full force
and effect as compensation for such county officials unless such compensation is
increased pursuant to subsection (b) of this Code section; and this Code section
shall not affect the power of the General Assembly at any time by local or
general law to increase or decrease any or all of such compensation or by local
law to withdraw the authority otherwise granted to a county governing authority
under this Code
section."
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.