Georgia 2025-2026 Regular Session

Georgia House Bill HB86 Compare Versions

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1-25 LC 47 3171/AP
2-House Bill 86 (AS PASSED HOUSE AND SENATE)
1+25 LC 47 3171
2+House Bill 86
33 By: Representatives Leverett of the 123
44 rd
55 , Efstration of the 104
66 th
77 , Burchett of the 176
88 th
99 , Hong
1010 of the 103
1111 rd
1212 , Gunter of the 8
1313 th
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual
1818 1
1919 salaries of certain state officials and cost-of-living adjustments, so as to revise provisions2
2020 relating to calculating and setting the salaries of Justices of the Supreme Court, Judges of the3
2121 Court of Appeals, the judge of the Georgia State-wide Business Court, and the judge of the4
2222 Georgia State Tax Court; to provide for effective dates; to provide for related matters; to5
2323 repeal conflicting laws; and for other purposes.6
2424 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
2525 SECTION 1.8
2626 Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries9
2727 of certain state officials and cost-of-living adjustments, is amended as follows:10
2828 "45-7-4.11
2929 (a) The annual salary of each of the state officials listed below shall be as follows:12
3030 (1) Governor ..............................................13 $ 175,000.00
3131 An allowance in an amount specified in the appropriations Act shall also
3232 14
3333 be provided for the operation of the Governor's mansion.15
3434 (2) Lieutenant Governor .....................................16 54,920.00
3535 H. B. 86
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3737 Notwithstanding any provision of law to the contrary, the annual salary for
3838 17
3939 the Lieutenant Governor for the 2021 fiscal year shall be reduced by an18
4040 amount equal to 14 percent of the amount received for such office during19
4141 the 2020 fiscal year.20
4242 (3) Adjutant general21
4343 The adjutant general shall continue to receive the pay and allowances under22
4444 the same procedure as provided by law.23
4545 (4) Commissioner of Agriculture ..............................24 100,429.00
4646 (5) Attorney General ........................................
4747 25 114,633.00
4848 (6) Reserved.
4949 26
5050 (7) Commissioner of Insurance................................27 100,396.00
5151 (8) Reserved.
5252 28
5353 (9) Commissioner of Labor...................................29 100,418.00
5454 The above amount of salary for the Commissioner of Labor shall include
5555 30
5656 any compensation received from the United States government and the31
5757 amount of state funds paid shall be reduced by the amount of compensation32
5858 received from the United States government.33
5959 (10) Reserved.34
6060 (11) Each member of the Public Service Commission ..............35 96,655.00
6161 (12) Reserved.
6262 36
6363 (13) State School Superintendent..............................37 102,708.00
6464 (14) Secretary of State.......................................
6565 38 102,708.00
6666 (15) Reserved.
6767 39
6868 (16) Reserved.40
6969 (17) Reserved.41
7070 (18) Reserved.
7171 Each Justice of the Supreme Court................42 175,600.00
7272 H. B. 86
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7474 (19) Reserved. Each Judge of the Court of Appeals...............43 174,500.00
7575 (19.1) Reserved. Judge of the Georgia State-wide Business Court....44 174,500.00
7676 (20) Each superior court judge................................45 126,265.00
7777 (21) Each district attorney....................................
7878 46 120,072.00
7979 (22) Each member of the General Assembly .....................
8080 47 16,200.00
8181 (A) Notwithstanding any provision of law to the contrary, the annual
8282 48
8383 salary for each member of the General Assembly for the 2021 fiscal year49
8484 shall be reduced by an amount equal to 10 percent of the amount received50
8585 for such office during the 2020 fiscal year.51
8686 (B) Each member of the General Assembly shall also receive the52
8787 allowances provided by law. The amount of the daily expense allowance53
8888 which each member is entitled to receive under the provisions of Code54
8989 Section 28-1-8 shall be as provided in that Code section. The mileage55
9090 allowance for the use of a personal car on official business shall be the56
9191 same as that received by other state officials and employees.57
9292 (C) In addition to any other compensation and allowances authorized for58
9393 members of the General Assembly, each member may be reimbursed for59
9494 per diem differential and for actual expenses incurred in the performance60
9595 of duties as a member of the General Assembly in an amount not to61
9696 exceed $7,000.00 per year. Expenses reimbursable up to such amount62
9797 shall be limited to one or more of the following purposes: lodging, meals,63
9898 per diem differential, postage, personal services, printing and64
9999 publications, rents, supplies (including software), telecommunications,65
100100 transportation, utilities, purchasing or leasing of equipment, and other66
101101 reasonable expenditures directly related to the performance of a67
102102 member's duties. If equipment purchased by a member has a depreciated68
103103 H. B. 86
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105105 value of $100.00 or less when such member leaves office, the equipment
106106 69
107107 does not need to be returned to the state. No reimbursement shall be70
108108 made for any postage which is used for a political newsletter. No71
109109 reimbursement shall be paid for lodging or meals for any day for which72
110110 a member receives the daily expense allowance as provided in this73
111111 paragraph. Eligible expenses shall be reimbursed following the74
112112 submission of vouchers to the legislative fiscal office in compliance with75
113113 the requirements of this subparagraph and subject to the provisions of76
114114 subparagraph (E) of this paragraph. Such vouchers shall be submitted in77
115115 such form and manner as prescribed by the Legislative Services78
116116 Committee pursuant to subparagraph (E) of this paragraph, provided that79
117117 each such voucher shall be accompanied by a supporting document or80
118118 documents, or legible copies thereof, showing payment for each expense81
119119 claimed or an explanation of the absence of such documentation; in82
120120 addition, each such voucher shall include a certification by the member83
121121 that the information contained in such voucher and supporting document84
122122 or documents, or legible copies thereof, is true and correct and that such85
123123 expenses were incurred by the member. The provisions of Code86
124124 Section 16-10-20 shall be applicable to any person submitting such87
125125 certified vouchers and supporting documents or copies the same as if the88
126126 General Assembly were a department or agency of state government. No89
127127 such voucher or supporting document shall be required for per diem90
128128 differential.91
129129 (D) The amount of per diem differential which may be claimed for each92
130130 day under subparagraph (C) of this paragraph shall be the difference93
131131 between the daily expense allowance authorized for members of the94
132132 General Assembly and $119.00; provided, however, that the General95
133133 H. B. 86
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135135 Appropriations Act for any fiscal year may increase such amount
136136 96
137137 of $119.00 per day to an amount not in excess of the federal per diem rate97
138138 then in effect for the state capital as specified by the General Services98
139139 Administration. Per diem differential shall be paid by the legislative99
140140 fiscal office to the member upon the member's notification to the100
141141 legislative fiscal office of the days for which the daily expense allowance101
142142 was received for which the member wishes to claim the per diem102
143143 differential, and the legislative fiscal office shall keep a record of the103
144144 days for which per diem differential is so claimed and paid.104
145145 (E) For the purposes of this paragraph, a year shall begin on the105
146146 convening date of the General Assembly in regular session each year and106
147147 end on the day prior to the convening of the General Assembly in the107
148148 next calendar year. Any voucher or claim for any reimbursement for any108
149149 year as defined in this paragraph shall be submitted no later than the109
150150 fifteenth of April immediately following the end of such year. No110
151151 reimbursement shall be made on any voucher or claim submitted after111
152152 that date. Any amounts remaining in such expense account at the end of112
153153 the first year of the two-year biennium may be claimed for expenses113
154154 incurred during the second year of the two-year biennium. Any amounts114
155155 remaining in any expense account which are not so claimed by April 15115
156156 of the year following the second year of the biennium and any amounts116
157157 claimed which are returned as hereafter provided for in this paragraph117
158158 shall lapse and shall be remitted by the legislative fiscal office to the118
159159 general fund of the state treasury. Any former member of the General119
160160 Assembly may be reimbursed for expenses incurred while a member of120
161161 the General Assembly upon compliance with the provisions of this121
162162 paragraph. The Legislative Services Committee is empowered to provide122
163163 H. B. 86
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165165 such procedures as it deems advisable to administer the provisions of this
166166 123
167167 paragraph, including, but not limited to, definitions of the above list of124
168168 items for which reimbursement may be made; provided, however, that125
169169 the term 'other reasonable expenditures directly related to the126
170170 performance of a member's duties' shall be as defined by policies adopted127
171171 by the Speaker of the House of Representatives and by the Senate128
172172 Administrative Affairs Committee as to reimbursement of such129
173173 expenditures incurred by members of the House and Senate, respectively;130
174174 and provided, further, that the amount of expenses which may be131
175175 reimbursed within the limits of subparagraph (C) of this paragraph for132
176176 travel outside the state may be as provided by policies adopted by the133
177177 Speaker of the House of Representatives and by the Senate134
178178 Administrative Affairs Committee as to such expenditures of members135
179179 of the House and Senate, respectively. The Legislative Services136
180180 Committee is further empowered to prescribe the form of the voucher or137
181181 claim which must be submitted to the legislative fiscal office. In the138
182182 event of any disagreement as to whether any reimbursement shall be139
183183 made or any allowance shall be paid, the Legislative Services Committee140
184184 shall make the final determination; except that in the event of any141
185185 disagreement as to whether any reimbursement under subparagraph (C)142
186186 of this paragraph shall be made for other reasonable expenses directly143
187187 related to the performance of a member's duties or for travel outside the144
188188 state, the Speaker of the House of Representatives shall make the final145
189189 determination as to such expenses incurred by a member of the House,146
190190 and the Senate Administrative Affairs Committee shall make the final147
191191 determination as to such expenses incurred by a member of the Senate.148
192192 In the event any reimbursement is made or any allowance is paid and it149
193193 H. B. 86
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195195 is later determined that such reimbursement or payment was made in
196196 150
197197 error, the person to whom such reimbursement or payment was made151
198198 shall remit to the legislative fiscal office the amount of money involved. 152
199199 In the event any such person refuses to make such remittance, the153
200200 legislative fiscal office is authorized to withhold the payment of any154
201201 other moneys to which such person is entitled until the amount of such155
202202 reimbursement or payment which was made in error shall be realized.156
203203 (23) Speaker of the House of Representatives ....................157 17,800.00
204204 The Speaker of the House of Representatives shall also receive the salary
205205 158
206206 and allowances authorized as a member of the General Assembly. Upon159
207207 the taking of office by the members of the General Assembly on the160
208208 convening day of the regular session of the General Assembly in 1983, the161
209209 annual salary of the Speaker of the House of Representatives shall162
210210 become $22,800.00. After such date, the Speaker shall also receive as163
211211 additional salary a sum equal to the amount of salary over $30,000.00 per164
212212 annum which is received by the Lieutenant Governor as of that date or165
213213 thereafter; and the salary of the Speaker shall be adjusted at the beginning166
214214 of each term so as to include such additional sum.167
215215 (24) President Pro Tempore of the Senate........................168 4,800.00
216216 The President Pro Tempore of the Senate shall also receive the salary and
217217 169
218218 allowances authorized as a member of the General Assembly.170
219219 (25) Speaker Pro Tempore of the House of Representatives .........171 4,800.00
220220 The Speaker Pro Tempore of the House of Representatives shall also
221221 172
222222 receive the salary and allowances authorized as a member of the General173
223223 Assembly.174
224224 H. B. 86
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226226 (b) As an adjustment except as qualified below as to members and member-officers of the
227227 175
228228 General Assembly, the annual salary of each state official whose salary is established by176
229229 Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including177
230230 members of the General Assembly, the Speaker of the House of Representatives, the178
231231 President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of179
232232 Representatives, may be increased by the General Assembly in the General Appropriations180
233233 Act by a percentage not to exceed the average percentage of the increase in salary as may181
234234 from time to time be granted to employees of the executive, judicial, and legislative182
235235 branches of government. However, any increase for such officials shall not include183
236236 within-grade step increases for which employees subject to compensation plans authorized184
237237 and approved in accordance with Code Section 45-20-4 are eligible. Any increase granted185
238238 pursuant to this subsection shall become effective at the same time that funds are made186
239239 available for the increase for such employees, except increases for members and187
240240 member-officers of the General Assembly. That portion of the increase determined by the188
241241 Legislative Services Committee to reflect a cost-of-living increase based upon objective189
242242 economic criteria shall become effective for members and member-officers at the same190
243243 time that funds are made available for the increase for such employees. The balance of the191
244244 increase for members and member-officers of the General Assembly shall become effective192
245245 on the convening of the next General Assembly in January of the next odd-numbered year. 193
246246 The Office of Planning and Budget shall calculate the average percentage increase.194
247247 (c) The annual salary being received on June 30, 1980, shall be increased by 8 percent for195
248248 each state official listed in subsection (a) of this Code section who:196
249249 (1) Is not a member of the General Assembly; and197
250250 (2) Is not a contributing member of a state retirement system and, therefore, does not198
251251 benefit by or participate in any program whereunder a portion of the employee199
252252 contributions to the state retirement system are made on behalf of the employee by the200
253253 employer.201
254254 H. B. 86
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256256 (d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary202
257257 fixed for the judges of the United States District Court for the Northern District of203
258258 Georgia on July 1 of the second preceding state fiscal year.204
259259 (2) The annual salary of each of the state officials listed below shall be set by the General205
260260 Assembly in the General Appropriations Act, provided that such salary shall not exceed206
261261 the ratio of the base salary listed below for such officials:207
262262 (A) Each Justice of the Supreme Court.........................100 percent208
263263 (B) Each Judge of the Court of Appeals..........................99 percent209
264264 (C) Judge of the Georgia State-wide Business Court................95 percent"210
265265 SECTION 2.211
266266 Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries212
267267 of certain state officials and cost-of-living adjustments, is revised by amending subsection213
268268 (d) as follows:214
269269 "(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary215
270270 fixed for the judges of the United States District Court for the Northern District of216
271271 Georgia on July 1 of the second preceding state fiscal year.217
272272 (2) The annual salary of each of the state officials listed below shall be set by the General218
273273 Assembly in the General Appropriations Act, provided that such salary shall not exceed219
274274 the ratio of the base salary listed below for such officials:220
275275 (A) Each Justice of the Supreme Court .........................100 percent221
276276 (B) Each Judge of the Court of Appeals..........................99 percent222
277277 (C) Judge of the Georgia State-wide Business Court................95 percent223
278278 (D) Judge of the Georgia Tax Court.............................95 percent"224
279279 H. B. 86
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281281 SECTION 3.
282282 225
283283 (a) Except as otherwise provided in subsection (b) of this section, this Act shall become226
284284 effective:227
285285 (1) On June 1, 2025, to the extent that necessary funds have been appropriated in an Act228
286286 to make and provide appropriations for the State Fiscal Year beginning July 1, 2024, and229
287287 ending June 30, 2025, as amended; or230
288288 (2) On July 1, 2025, if necessary funds have not been appropriated in an Act to make and231
289289 provide appropriations for the State Fiscal Year beginning July 1, 2024, and ending232
290290 June 30, 2025, as amended.233
291291 (b) Section 2 of this Act shall become effective on July 1, 2026.234
292292 SECTION 4.235
293293 All laws and parts of laws in conflict with this Act are repealed.236
294294 H. B. 86
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