10 LC 38
1033-EC
Senate
Bill 393
By:
Senators Heath of the 31st, Mullis of the 53rd, Jackson of the 24th, Butterworth
of the 50th, Rogers of the 21st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating
to the Department of Agriculture, so as to provide for the appointment of the
Commissioner of Agriculture; to provide for Senate confirmation; to fix the
salary of the Commissioner of Agriculture; to amend Article 2 of Chapter 2 of
Title 20 of the Official Code of Georgia Annotated, relating to the State School
Superintendent, so as to provide for the appointment of the State School
Superintendent; to provide for Senate confirmation; to set the salary of the
State School Superintendent; to amend Title 21 of the Official Code of Georgia
Annotated, relating to elections, so as to amend certain provisions regarding
elections and primaries generally; to provide who is elected on certain election
dates; to provide for what offices an individual may be nominated or be a
candidate at any one election; to provide for the issuance of certificates of
election and commission; to amend certain provisions relating to campaign
contributions; to amend Chapter 2 of Title 34 of the Official Code of Georgia
Annotated, relating to the Department of Labor, so as to provide for the
appointment of the Commissioner of Labor; to provide for Senate confirmation; to
provide for the salary for the Commissioner of Labor; to amend Title 45 of the
Official Code of Georgia Annotated, relating to public officers and employees,
so as to amend certain provisions regarding the temporary disabilities of
elected constitutional officers; to provide for the appointment of such officers
during temporary disability; to amend general provisions regarding salaries and
fees so as to provide for the compensation and annual salaries of certain state
officials; to amend certain provisions relating to powers and duties of the
Governor so as to remove certain provisions regarding the incapacity of the
Commissioner of Insurance; to remove certain provisions regarding proceedings
relative to incapacity of the Commissioner of Insurance; to amend certain
provisions relating to general provisions regarding the Commissioner of
Insurance so as to provide for the appointment of the Commissioner of Insurance;
to provide for Senate confirmation; to provide for the salary of the
Commissioner of Insurance; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 2 of the Official Code of Georgia Annotated, relating to the
Department of Agriculture, is amended by revising Code Section 2-2-2, relating
to the qualification and election of the Commissioner of Agriculture, as
follows:
"2-2-2.
The
department shall be under the control and management of the Commissioner of
Agriculture, who shall be a practical farmer,
elected by
qualified voters at the same time, in the same manner, and under the same rules
and regulations as the Governor and statehouse officers are
elected
appointed by
the Governor to serve at his or her pleasure. The Senate shall conduct a
hearing during the next legislative session to review the Governor's appointee
and shall subsequent to such hearing conduct a vote to confirm such appointee.
The Commissioner elected in the general election in November, 2010, shall
continue to serve until the expiration of his or her term and upon the
expiration of such term or the vacancy of such office otherwise occurring his or
her successor shall be appointed pursuant to this Code
section. The office of the Commissioner
shall be at the capital of the state."
SECTION
2.
Said
chapter is further amended by revising Code Section 2-2-3, relating to term of
office of the Commissioner of Agriculture, as follows:
"2-2-3.
The
term of office of the Commissioner shall be for four years or until his
or
her successor is
elected and
qualified
appointed by
the Governor, unless he
or
she is removed in the manner prescribed by
law for the removal of officers of the state government."
SECTION
3.
Said
chapter is further amended by revising subsection (a) of Code Section 2-2-4,
relating to the salary of the Commissioner of Agriculture, as
follows:
"(a)
The annual salary of the Commissioner shall be
as provided
in Code Sections 45-7-3 and 45-7-4
set by the
Governor. The Commissioner shall be
entitled to reimbursement of expenses as provided by Code Section
45-7-20."
SECTION
4.
Article
2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to the State School Superintendent, is amended by revising Code Section 20-2-30,
relating to the election of the State School Superintendent, as
follows:
"20-2-30.
The
State School Superintendent shall be
elected by
the persons qualified to vote for members of the General Assembly at the same
time and in the same manner and for the same term as the Governor is
elected
appointed by
the Governor to serve at his or her pleasure. The Senate shall conduct a
hearing during the next legislative session to review the Governor's appointee
and shall subsequent to such hearing conduct a vote to confirm such appointee.
The Superintendent elected in the general election in November, 2010, shall
continue to serve until the expiration of his or her term and upon the
expiration of such term or the vacancy of such office otherwise occurring his or
her successor shall be appointed pursuant to this Code
section. A suitable office shall be
furnished him
or
her at the seat of government. He
or
she shall prescribe suitable forms for the
reports required of subordinate school officers and blanks for their guidance in
transacting their official business and shall from time to time prepare and
transmit to them such instructions as he
or
she may deem necessary for the faithful
and efficient execution of the school laws; and by what is thus communicated to
them they shall be bound to govern themselves in the discharge of their official
duties, provided there shall always be an appeal from the State School
Superintendent to the State Board of Education."
SECTION
5.
Said
article is further amended by revising Code Section 20-2-33, relating to the
compensation and expenses for the State School Superintendent, as
follows:
"20-2-33.
The
compensation
for the State School Superintendent shall
be
compensated
as provided in Code Sections 45-7-3 and
45-7-4
set by the
Governor. He
or
she shall also be reimbursed for his
or
her expenses incurred in connection with
the official duties of his
or
her office as provided in Code Section
45-7-21."
SECTION
6.
Title
21 of the Official Code of Georgia Annotated, relating to elections, is amended
in Article 1 of Chapter 2, relating to general provisions regarding elections
and primaries, by revising subsection (a) of Code Section 21-2-9, relating to
date of election for offices, as follows:
"(a)
The Governor, Lieutenant Governor, Secretary of State, Attorney General,
State
School Superintendent, Commissioner of Insurance, Commissioner of Agriculture,
Commissioner of Labor, members of
Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges
of the superior courts, district attorneys, members of the General Assembly, and
county officers shall be elected in the November election next preceding the
expiration of the term of office."
SECTION
7.
Said
title is further amended in Part 1 of Article 4 of Chapter 2, relating to
general provisions regarding selection and qualification of candidates and
presidential electors, by revising Code Section 21-2-136, relating to the number
of offices for which an individual may be nominated at any one election, as
follows:
"21-2-136.
No
person shall be nominated, nor shall any person be a candidate in a primary,
election, or special election, for more than one of the following public offices
to be filled at any one election or special election: Governor, Lieutenant
Governor, Secretary of State, Attorney General,
State
School Superintendent, Commissioner of Insurance, Commissioner of Agriculture,
Commissioner of Labor, United States
senator or representative in Congress, Public Service Commissioner, Justice of
the Supreme Court, Judge of the Court of Appeals, members of the Senate and
House of Representatives of the General Assembly, judge of superior court,
district attorney, any elected county officer, and any elected municipal
officer."
SECTION
8.
Said
title is further amended in Article 12 of Chapter 2, relating to returns, by
revising subsection (a) of Code Section 21-2-502, relating to the issuance of
certificates of election and commission, as follows:
"(a)
Governor and other
constitutional officers. Upon completing
the tabulation of any election for Governor, Lieutenant Governor, Secretary of
State,
or
Attorney General,
State
School Superintendent, Commissioner of Insurance, Commissioner of Agriculture,
or Commissioner of Labor, the Secretary of
State shall lay the same before the Governor upon his or her oath of office as
Governor; and the Governor, upon the other constitutional officers taking their
oaths of office, shall issue a commission under the great seal of the State of
Georgia signed by the Governor and countersigned by the Secretary of State, to
each such person. The Secretary of State shall issue the commission to the
person elected Governor."
SECTION
9.
Said
title is further amended in Article 2 of Chapter 5, relating to campaign
contributions, by revising paragraph (3) of subsection (a) of Code Section
21-5-30.1, relating to contributions by regulated entities to elected executive
officers or candidates, as follows:
"(3)
'Elected executive officer' means the Secretary of
State,
or
the Attorney
General,
State School Superintendent, Commissioner of Insurance, Commissioner of
Agriculture, and Commissioner of
Labor."
SECTION
10.
Chapter
2 of Title 34 of the Official Code of Georgia Annotated, relating to the
Department of Labor, is amended by revising subsections (b) and (c) of Code
Section 34-2-3, relating to the election, term of office, compensation, removal,
and duties of the Commissioner of Labor, as follows:
"(b)
The Commissioner shall be
elected by
those persons entitled to vote for the members of the General
Assembly,
appointed by
the Governor at his or her pleasure. The Senate shall conduct a hearing during
the next legislative session to review the Governor's appointee and shall
subsequent to such hearing conduct a vote to confirm such
appointee.
and his
term
The
Commissioner shall
serve
be
for a term
of four years
or until the
Governor appoints his or her successor and said successor is confirmed by the
Senate. The Commissioner elected in the general election in November, 2010,
shall continue to serve until the expiration of his or her term and upon the
expiration of such term or the vacancy of such office otherwise occurring his or
her successor shall be appointed pursuant to this
subsection.
(c)
The
compensation
for the Commissioner of Labor shall be
compensated
in the amount provided for in Code Section
45-7-4,
set by the
Governor, payable in semimonthly
installments, and
the
Commissioner shall receive such travel
expenses and allowances as are provided for in Code Section 45-7-20; provided,
however, that pursuant to Code Section 45-7-4, the Commissioner shall in
addition thereto be entitled to receive necessary and actual expenses incurred
by him or
her in the performance of his
or
her duties as administrator of Chapter 8
of this title."
SECTION
11.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended in Chapter 5A, relating to temporary disabilities of
elected constitutional executive officers, by revising subsection (a) of Code
Section 45-5A-4, relating to the Governor's appointment of persons to perform
duties of other officers during temporary disability, as follows:
"(a)
In case of the temporary disability of the Secretary of
State,
or
the Attorney General,
the State
School Superintendent, the Commissioner of Insurance, the Commissioner of
Agriculture, or the Commissioner of Labor,
the Governor shall appoint a person to perform the duties of such elected
constitutional executive officer until such time as the temporary disability of
such officer ends."
SECTION
12.
Said
title is further amended in Article 1 of Chapter 7, relating to general
provisions regarding salaries and fees, by revising subsection (a) of Code
Section 45-7-4, relating to the annual salaries of certain state officials, as
follows:
"(a)
The annual salary of each of the state officials listed below shall be as
follows:
|
(1)
Governor
|
$
60,000.00
|
|
An
allowance in an amount specified in the appropriations Act shall also be
provided for the operation of the Governor's mansion.
|
|
|
(2)
Lieutenant Governor
|
54,920.00
|
|
(3)
Adjutant general
|
|
|
The
adjutant general shall continue to receive the pay and allowances under the same
procedure as provided by law.
|
|
|
(4)
Reserved.
Commissioner
of Agriculture
|
100,429.00
|
|
(5)
Attorney General
|
114,633.00
|
|
(6)
Reserved.
|
|
|
(7)
Reserved.
Commissioner
of Insurance
|
100,396.00
|
|
(8)
Reserved.
|
|
|
(9)
Reserved.
Commissioner
of Labor
|
100,418.00
|
|
The
above amount of salary for the Commissioner of Labor shall include any
compensation received from the United States government and the amount of state
funds paid shall be reduced by the amount of compensation received from the
United States government.
|
|
|
(10)
Reserved.
|
|
|
(11)
Each member of the Public Service Commission
|
96,655.00
|
|
(12)
Reserved.
|
|
|
(13)
Reserved.
State
School Superintendent
|
102,708.00
|
|
(14)
Secretary of State
|
102,708.00
|
|
(15)
Reserved.
|
|
|
(16)
Reserved.
|
|
|
(17)
Reserved.
|
|
|
(18)
Each Justice of the Supreme Court
|
139,418.00
|
|
(19)
Each Judge of the Court of Appeals
|
138,556.00
|
|
(20)
Each superior court judge
|
99,862.00
|
|
Each
superior court judge shall also receive any supplement paid to such judge by the
county or counties of such judge's judicial circuit as may be provided for by
law. Each superior court judge shall also receive reimbursement of travel
expenses as provided by law.
|
|
|
(21)
Each district attorney
|
107,905.00
|
|
Each
district attorney shall also receive any supplement paid to such district
attorney by the county or counties of such district attorney's judicial circuit
as may be provided for by law. Each district attorney shall also receive
reimbursement of travel expenses as provided by law.
|
|
|
(22)
Each member of the General Assembly
|
16,200.00
|
(A)
Reserved.
(B)
Each member of the General Assembly shall also receive the allowances provided
by law. The amount of the daily expense allowance which each member is entitled
to receive under the provisions of Code Section 28-1-8 shall be as provided in
that Code section. The mileage allowance for the use of a personal car on
official business shall be the same as that received by other state officials
and employees.
(C)
In addition to any other compensation and allowances authorized for members of
the General Assembly, each member may be reimbursed for per diem differential
and for actual expenses incurred in the performance of duties within the state
as a member of the General Assembly in an amount not to exceed $7,000.00 per
year. Expenses reimbursable up to such amount shall be limited to one or more
of the following purposes: lodging, meals, per diem differential, postage,
personal services, printing and publications, rents, supplies (including
software), telecommunications, transportation, utilities, and purchasing or
leasing of equipment. If equipment purchased by a member has a depreciated
value of $100.00 or less when such member leaves office, the equipment does not
need to be returned to the state. No reimbursement shall be made for any
postage which is used for a political newsletter. No reimbursement shall be
paid for lodging or meals for any day for which a member receives the daily
expense allowance as provided in this paragraph. Such expenses shall be
reimbursed upon the submission of sworn vouchers to the legislative fiscal
office. Such sworn vouchers shall be accompanied by a supporting document or
documents showing payment for each expense claimed or an explanation of the
absence of such documentation. No sworn voucher or supporting document shall be
required for per diem differential.
(D)
The amount of per diem differential which may be claimed for each day under
subparagraph (C) of this paragraph shall be the difference between the daily
expense allowance authorized for members of the General Assembly and $119.00;
provided, however, that the general appropriations Act for any fiscal year may
increase such amount of $119.00 per day to an amount not in excess of the
federal per diem rate then in effect for the state capital as specified by the
General Services Administration. Per diem differential shall be paid by the
legislative fiscal office to the member upon the member's notification to the
legislative fiscal office of the days for which the daily expense allowance was
received for which the member wishes to claim the per diem differential, and the
legislative fiscal office shall keep a record of the days for which per diem
differential is so claimed and paid.
(E)
For the purposes of this paragraph, a year shall begin on the convening date of
the General Assembly in regular session each year and end on the day prior to
the convening of the General Assembly in the next calendar year. Any voucher or
claim for any reimbursement for any year as defined in this paragraph shall be
submitted no later than the fifteenth of April immediately following the end of
such year. No reimbursement shall be made on any voucher or claim submitted
after that date. Any amounts remaining in such expense account at the end of
the first year of the two year biennium may be claimed for expenses incurred
during the second year of the two year biennium. Any amounts remaining in any
expense account which are not so claimed by April 15 of the year following the
second year of the biennium and any amounts claimed which are returned as
hereafter provided for in this paragraph shall lapse and shall be remitted by
the legislative fiscal office to the general fund of the state treasury. Any
former member of the General Assembly may be reimbursed for expenses incurred
while a member of the General Assembly upon compliance with the provisions of
this paragraph. The Legislative Services Committee is empowered to provide such
procedures as it deems advisable to administer the provisions of this paragraph,
including, but not limited to, definitions of the above list of items for which
reimbursement may be made and the form of the voucher or claim which must be
submitted to the legislative fiscal office. In the event of any disagreement as
to whether any reimbursement shall be made or any allowance shall be paid, the
Legislative Services Committee shall make the final determination. In the event
any reimbursement is made or any allowance is paid and it is later determined
that such reimbursement or payment was made in error, the person to whom such
reimbursement or payment was made shall remit to the legislative fiscal office
the amount of money involved. In the event any such person refuses to make such
remittance, the legislative fiscal office is authorized to withhold the payment
of any other moneys to which such person is entitled until the amount of such
reimbursement or payment which was made in error shall be realized.
|
(23)
Speaker of the House of Representatives
|
17,800.00
|
|
The
Speaker of the House of Representatives shall also receive the salary and
allowances authorized as a member of the General Assembly. Upon the taking of
office by the members of the General Assembly on the convening day of the
regular session of the General Assembly in 1983, the annual salary of the
Speaker of the House of Representatives shall become $22,800.00. After such
date, the Speaker shall also receive as additional salary a sum equal to the
amount of salary over $30,000.00 per annum which is received by the Lieutenant
Governor as of that date or thereafter; and the salary of the Speaker shall be
adjusted at the beginning of each term so as to include such additional
sum.
|
|
|
(24)
President Pro Tempore of the Senate
|
4,800.00
|
|
The
President Pro Tempore of the Senate shall also receive the salary and allowances
authorized as a member of the General Assembly.
|
|
|
(25)
Speaker Pro Tempore of the House of Representatives
|
4,800.00
|
|
The
Speaker Pro Tempore of the House of Representatives shall also receive the
salary and allowances authorized as a member of the General
Assembly."
|
|
SECTION
13.
Said
title is further amended in Article 2 of Chapter 12, relating to the powers and
duties of the Governor, by revising Code Section 45-12-23, relating to the
incapacity of the Commissioner of Insurance, as follows:
"45-12-23.
Whenever
the Governor receives information, deemed by him to be reliable, that the
Commissioner of Insurance, by reason of sickness or other providential cause, is
unable to perform the duties of his office, the Governor shall call a council to
be composed of himself, the Secretary of State, and an appointee of the Governor
who is not the Attorney General; and, if such council, or a majority thereof,
after investigation and examination into the truth of such report, shall, in
writing duly signed, find that such officer is incapable of performing the
duties of his office, the Governor, in case of incapacity of the Commissioner of
Insurance, shall designate the chief clerk or other clerk then serving in the
office of the Commissioner of Insurance to perform the duties of the
Commissioner of Insurance during his incapacity. The person so designated to
perform the duties of the Commissioner of Insurance shall give bond with good
security in the penal sum of $5,000.00, payable, conditioned, and to be approved
in the same manner as the bond required by law to be given by the Commissioner
of Insurance. The person designated to perform the duties of the Commissioner of
Insurance shall not receive any compensation in addition to that he was, or is,
receiving as clerk, but any expense incurred in furnishing the bond required by
this Code section and Code Section 45-12-24 shall be borne by the state. When
the person designated under authority of this Code section and Code Section
45-12-24 shall have given the bond required and said bond has been approved as
required, he shall be authorized to do everything, perform every act, and
exercise every prerogative or discretion that the Commissioner of Insurance
might do, perform, or exercise under existing law in the absence of his
incapacity.
Reserved."
SECTION
14.
Said
title is further amended in said article of said chapter by revising Code
Section 45-12-24, relating to proceedings upon the cessation of incapacity and
the payment of salary of the officer during period of incapacity, as
follows:
"45-12-24.
Whenever
it shall be made to appear to the council composed of the Governor, the
Secretary of State, and the Attorney General, as provided in this Code section
and Code Section 45-12-23 or a majority thereof, that the incapacity of the
Commissioner of Insurance has been overcome and removed, a finding in writing to
that effect shall be made and filed in the Governor's office; and thereupon the
authority of the person designated to act for the Commissioner of Insurance
shall come to an end and the Commissioner of Insurance shall assume and perform
the duties of his office. During the period of the incapacity of the
Commissioner of Insurance, the salaries due as provided by existing law shall
continue to be paid.
Reserved."
SECTION
15.
Said
title is further amended in Article 1 of Chapter 14, relating to general
provisions regarding the Commissioner of Insurance, by revising Code Section
45-14-1, relating to the election of such Commissioner, as follows:
"45-14-1.
There
shall be a Commissioner of Insurance who shall be
elected at
the same time and in the same manner as the Governor is
elected
appointed by
the Governor at his or her pleasure. The Senate shall conduct a hearing during
the next legislative session to review the Governor's appointee and shall
subsequent to such hearing conduct a vote to confirm such appointee. The
Commissioner elected in the general election in November, 2010, shall continue
to serve until the expiration of his or her term and upon the expiration of such
term or the vacancy of such office otherwise occurring his or her successor
shall be appointed pursuant to this Code
section."
SECTION
16.
Said
title is further amended in said article by revising subsection (a) of Code
Section 45-14-4, relating to general provisions regarding the compensation of
the Commissioner of Insurance, as follows:
"(a)
The
compensation
for the Commissioner of Insurance shall be
compensated
in the amount and manner provided in Code Sections 45-7-3 and
45-7-4
set by the
Governor. He
or
she shall also be reimbursed for actual
transportation costs while traveling by public carrier, the legal mileage rate
for use of a personal automobile, and the actual cost of lodging and meals while
away from his
or
her office on official state business as
provided in Code Section 45-7-20."
SECTION
17.
All
laws and parts of laws in conflict with this Act are repealed.