3 | 3 | | By: Representatives Leverett of the 123 |
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4 | 4 | | rd |
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5 | 5 | | , Efstration of the 104 |
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6 | 6 | | th |
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7 | 7 | | , Burchett of the 176 |
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8 | 8 | | th |
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9 | 9 | | , Hong |
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10 | 10 | | of the 103 |
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11 | 11 | | rd |
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12 | 12 | | , Gunter of the 8 |
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13 | 13 | | th |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual |
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18 | 18 | | 1 |
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19 | 19 | | salaries of certain state officials and cost-of-living adjustments, so as to revise provisions2 |
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20 | 20 | | relating to calculating and setting the salaries of Justices of the Supreme Court, Judges of the3 |
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21 | 21 | | Court of Appeals, the judge of the Georgia State-wide Business Court, and the judge of the4 |
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22 | 22 | | Georgia State Tax Court; to provide for effective dates; to provide for related matters; to5 |
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23 | 23 | | repeal conflicting laws; and for other purposes.6 |
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24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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25 | 25 | | SECTION 1.8 |
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26 | 26 | | Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries9 |
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27 | 27 | | of certain state officials and cost-of-living adjustments, is amended as follows:10 |
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28 | 28 | | "45-7-4.11 |
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29 | 29 | | (a) The annual salary of each of the state officials listed below shall be as follows:12 |
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30 | 30 | | (1) Governor ..............................................13 $ 175,000.00 |
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31 | 31 | | An allowance in an amount specified in the appropriations Act shall also |
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32 | 32 | | 14 |
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33 | 33 | | be provided for the operation of the Governor's mansion.15 |
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34 | 34 | | (2) Lieutenant Governor .....................................16 54,920.00 |
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35 | 35 | | H. B. 86 |
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37 | 37 | | Notwithstanding any provision of law to the contrary, the annual salary for |
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38 | 38 | | 17 |
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39 | 39 | | the Lieutenant Governor for the 2021 fiscal year shall be reduced by an18 |
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40 | 40 | | amount equal to 14 percent of the amount received for such office during19 |
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41 | 41 | | the 2020 fiscal year.20 |
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42 | 42 | | (3) Adjutant general21 |
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43 | 43 | | The adjutant general shall continue to receive the pay and allowances under22 |
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44 | 44 | | the same procedure as provided by law.23 |
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45 | 45 | | (4) Commissioner of Agriculture ..............................24 100,429.00 |
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46 | 46 | | (5) Attorney General ........................................ |
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47 | 47 | | 25 114,633.00 |
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48 | 48 | | (6) Reserved. |
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49 | 49 | | 26 |
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50 | 50 | | (7) Commissioner of Insurance................................27 100,396.00 |
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51 | 51 | | (8) Reserved. |
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52 | 52 | | 28 |
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53 | 53 | | (9) Commissioner of Labor...................................29 100,418.00 |
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54 | 54 | | The above amount of salary for the Commissioner of Labor shall include |
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55 | 55 | | 30 |
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56 | 56 | | any compensation received from the United States government and the31 |
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57 | 57 | | amount of state funds paid shall be reduced by the amount of compensation32 |
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58 | 58 | | received from the United States government.33 |
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59 | 59 | | (10) Reserved.34 |
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60 | 60 | | (11) Each member of the Public Service Commission ..............35 96,655.00 |
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61 | 61 | | (12) Reserved. |
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62 | 62 | | 36 |
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63 | 63 | | (13) State School Superintendent..............................37 102,708.00 |
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64 | 64 | | (14) Secretary of State....................................... |
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65 | 65 | | 38 102,708.00 |
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66 | 66 | | (15) Reserved. |
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67 | 67 | | 39 |
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68 | 68 | | (16) Reserved.40 |
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69 | 69 | | (17) Reserved.41 |
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70 | 70 | | (18) Reserved. |
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71 | 71 | | Each Justice of the Supreme Court................42 175,600.00 |
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72 | 72 | | H. B. 86 |
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74 | 74 | | (19) Reserved. Each Judge of the Court of Appeals...............43 174,500.00 |
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75 | 75 | | (19.1) Reserved. Judge of the Georgia State-wide Business Court....44 174,500.00 |
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76 | 76 | | (20) Each superior court judge................................45 126,265.00 |
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77 | 77 | | (21) Each district attorney.................................... |
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78 | 78 | | 46 120,072.00 |
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79 | 79 | | (22) Each member of the General Assembly ..................... |
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80 | 80 | | 47 16,200.00 |
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81 | 81 | | (A) Notwithstanding any provision of law to the contrary, the annual |
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82 | 82 | | 48 |
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83 | 83 | | salary for each member of the General Assembly for the 2021 fiscal year49 |
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84 | 84 | | shall be reduced by an amount equal to 10 percent of the amount received50 |
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85 | 85 | | for such office during the 2020 fiscal year.51 |
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86 | 86 | | (B) Each member of the General Assembly shall also receive the52 |
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87 | 87 | | allowances provided by law. The amount of the daily expense allowance53 |
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88 | 88 | | which each member is entitled to receive under the provisions of Code54 |
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89 | 89 | | Section 28-1-8 shall be as provided in that Code section. The mileage55 |
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90 | 90 | | allowance for the use of a personal car on official business shall be the56 |
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91 | 91 | | same as that received by other state officials and employees.57 |
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92 | 92 | | (C) In addition to any other compensation and allowances authorized for58 |
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93 | 93 | | members of the General Assembly, each member may be reimbursed for59 |
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94 | 94 | | per diem differential and for actual expenses incurred in the performance60 |
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95 | 95 | | of duties as a member of the General Assembly in an amount not to61 |
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96 | 96 | | exceed $7,000.00 per year. Expenses reimbursable up to such amount62 |
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97 | 97 | | shall be limited to one or more of the following purposes: lodging, meals,63 |
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98 | 98 | | per diem differential, postage, personal services, printing and64 |
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99 | 99 | | publications, rents, supplies (including software), telecommunications,65 |
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100 | 100 | | transportation, utilities, purchasing or leasing of equipment, and other66 |
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101 | 101 | | reasonable expenditures directly related to the performance of a67 |
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102 | 102 | | member's duties. If equipment purchased by a member has a depreciated68 |
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103 | 103 | | H. B. 86 |
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105 | 105 | | value of $100.00 or less when such member leaves office, the equipment |
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106 | 106 | | 69 |
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107 | 107 | | does not need to be returned to the state. No reimbursement shall be70 |
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108 | 108 | | made for any postage which is used for a political newsletter. No71 |
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109 | 109 | | reimbursement shall be paid for lodging or meals for any day for which72 |
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110 | 110 | | a member receives the daily expense allowance as provided in this73 |
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111 | 111 | | paragraph. Eligible expenses shall be reimbursed following the74 |
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112 | 112 | | submission of vouchers to the legislative fiscal office in compliance with75 |
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113 | 113 | | the requirements of this subparagraph and subject to the provisions of76 |
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114 | 114 | | subparagraph (E) of this paragraph. Such vouchers shall be submitted in77 |
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115 | 115 | | such form and manner as prescribed by the Legislative Services78 |
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116 | 116 | | Committee pursuant to subparagraph (E) of this paragraph, provided that79 |
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117 | 117 | | each such voucher shall be accompanied by a supporting document or80 |
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118 | 118 | | documents, or legible copies thereof, showing payment for each expense81 |
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119 | 119 | | claimed or an explanation of the absence of such documentation; in82 |
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120 | 120 | | addition, each such voucher shall include a certification by the member83 |
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121 | 121 | | that the information contained in such voucher and supporting document84 |
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122 | 122 | | or documents, or legible copies thereof, is true and correct and that such85 |
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123 | 123 | | expenses were incurred by the member. The provisions of Code86 |
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124 | 124 | | Section 16-10-20 shall be applicable to any person submitting such87 |
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125 | 125 | | certified vouchers and supporting documents or copies the same as if the88 |
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126 | 126 | | General Assembly were a department or agency of state government. No89 |
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127 | 127 | | such voucher or supporting document shall be required for per diem90 |
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128 | 128 | | differential.91 |
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129 | 129 | | (D) The amount of per diem differential which may be claimed for each92 |
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130 | 130 | | day under subparagraph (C) of this paragraph shall be the difference93 |
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131 | 131 | | between the daily expense allowance authorized for members of the94 |
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132 | 132 | | General Assembly and $119.00; provided, however, that the General95 |
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133 | 133 | | H. B. 86 |
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135 | 135 | | Appropriations Act for any fiscal year may increase such amount |
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136 | 136 | | 96 |
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137 | 137 | | of $119.00 per day to an amount not in excess of the federal per diem rate97 |
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138 | 138 | | then in effect for the state capital as specified by the General Services98 |
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139 | 139 | | Administration. Per diem differential shall be paid by the legislative99 |
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140 | 140 | | fiscal office to the member upon the member's notification to the100 |
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141 | 141 | | legislative fiscal office of the days for which the daily expense allowance101 |
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142 | 142 | | was received for which the member wishes to claim the per diem102 |
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143 | 143 | | differential, and the legislative fiscal office shall keep a record of the103 |
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144 | 144 | | days for which per diem differential is so claimed and paid.104 |
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145 | 145 | | (E) For the purposes of this paragraph, a year shall begin on the105 |
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146 | 146 | | convening date of the General Assembly in regular session each year and106 |
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147 | 147 | | end on the day prior to the convening of the General Assembly in the107 |
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148 | 148 | | next calendar year. Any voucher or claim for any reimbursement for any108 |
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149 | 149 | | year as defined in this paragraph shall be submitted no later than the109 |
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150 | 150 | | fifteenth of April immediately following the end of such year. No110 |
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151 | 151 | | reimbursement shall be made on any voucher or claim submitted after111 |
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152 | 152 | | that date. Any amounts remaining in such expense account at the end of112 |
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153 | 153 | | the first year of the two-year biennium may be claimed for expenses113 |
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154 | 154 | | incurred during the second year of the two-year biennium. Any amounts114 |
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155 | 155 | | remaining in any expense account which are not so claimed by April 15115 |
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156 | 156 | | of the year following the second year of the biennium and any amounts116 |
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157 | 157 | | claimed which are returned as hereafter provided for in this paragraph117 |
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158 | 158 | | shall lapse and shall be remitted by the legislative fiscal office to the118 |
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159 | 159 | | general fund of the state treasury. Any former member of the General119 |
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160 | 160 | | Assembly may be reimbursed for expenses incurred while a member of120 |
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161 | 161 | | the General Assembly upon compliance with the provisions of this121 |
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162 | 162 | | paragraph. The Legislative Services Committee is empowered to provide122 |
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163 | 163 | | H. B. 86 |
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165 | 165 | | such procedures as it deems advisable to administer the provisions of this |
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166 | 166 | | 123 |
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167 | 167 | | paragraph, including, but not limited to, definitions of the above list of124 |
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168 | 168 | | items for which reimbursement may be made; provided, however, that125 |
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169 | 169 | | the term 'other reasonable expenditures directly related to the126 |
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170 | 170 | | performance of a member's duties' shall be as defined by policies adopted127 |
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171 | 171 | | by the Speaker of the House of Representatives and by the Senate128 |
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172 | 172 | | Administrative Affairs Committee as to reimbursement of such129 |
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173 | 173 | | expenditures incurred by members of the House and Senate, respectively;130 |
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174 | 174 | | and provided, further, that the amount of expenses which may be131 |
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175 | 175 | | reimbursed within the limits of subparagraph (C) of this paragraph for132 |
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176 | 176 | | travel outside the state may be as provided by policies adopted by the133 |
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177 | 177 | | Speaker of the House of Representatives and by the Senate134 |
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178 | 178 | | Administrative Affairs Committee as to such expenditures of members135 |
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179 | 179 | | of the House and Senate, respectively. The Legislative Services136 |
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180 | 180 | | Committee is further empowered to prescribe the form of the voucher or137 |
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181 | 181 | | claim which must be submitted to the legislative fiscal office. In the138 |
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182 | 182 | | event of any disagreement as to whether any reimbursement shall be139 |
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183 | 183 | | made or any allowance shall be paid, the Legislative Services Committee140 |
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184 | 184 | | shall make the final determination; except that in the event of any141 |
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185 | 185 | | disagreement as to whether any reimbursement under subparagraph (C)142 |
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186 | 186 | | of this paragraph shall be made for other reasonable expenses directly143 |
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187 | 187 | | related to the performance of a member's duties or for travel outside the144 |
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188 | 188 | | state, the Speaker of the House of Representatives shall make the final145 |
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189 | 189 | | determination as to such expenses incurred by a member of the House,146 |
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190 | 190 | | and the Senate Administrative Affairs Committee shall make the final147 |
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191 | 191 | | determination as to such expenses incurred by a member of the Senate.148 |
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192 | 192 | | In the event any reimbursement is made or any allowance is paid and it149 |
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193 | 193 | | H. B. 86 |
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195 | 195 | | is later determined that such reimbursement or payment was made in |
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196 | 196 | | 150 |
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197 | 197 | | error, the person to whom such reimbursement or payment was made151 |
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198 | 198 | | shall remit to the legislative fiscal office the amount of money involved. 152 |
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199 | 199 | | In the event any such person refuses to make such remittance, the153 |
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200 | 200 | | legislative fiscal office is authorized to withhold the payment of any154 |
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201 | 201 | | other moneys to which such person is entitled until the amount of such155 |
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202 | 202 | | reimbursement or payment which was made in error shall be realized.156 |
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203 | 203 | | (23) Speaker of the House of Representatives ....................157 17,800.00 |
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204 | 204 | | The Speaker of the House of Representatives shall also receive the salary |
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205 | 205 | | 158 |
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206 | 206 | | and allowances authorized as a member of the General Assembly. Upon159 |
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207 | 207 | | the taking of office by the members of the General Assembly on the160 |
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208 | 208 | | convening day of the regular session of the General Assembly in 1983, the161 |
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209 | 209 | | annual salary of the Speaker of the House of Representatives shall162 |
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210 | 210 | | become $22,800.00. After such date, the Speaker shall also receive as163 |
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211 | 211 | | additional salary a sum equal to the amount of salary over $30,000.00 per164 |
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212 | 212 | | annum which is received by the Lieutenant Governor as of that date or165 |
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213 | 213 | | thereafter; and the salary of the Speaker shall be adjusted at the beginning166 |
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214 | 214 | | of each term so as to include such additional sum.167 |
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215 | 215 | | (24) President Pro Tempore of the Senate........................168 4,800.00 |
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216 | 216 | | The President Pro Tempore of the Senate shall also receive the salary and |
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217 | 217 | | 169 |
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218 | 218 | | allowances authorized as a member of the General Assembly.170 |
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219 | 219 | | (25) Speaker Pro Tempore of the House of Representatives .........171 4,800.00 |
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220 | 220 | | The Speaker Pro Tempore of the House of Representatives shall also |
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221 | 221 | | 172 |
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222 | 222 | | receive the salary and allowances authorized as a member of the General173 |
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223 | 223 | | Assembly.174 |
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224 | 224 | | H. B. 86 |
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226 | 226 | | (b) As an adjustment except as qualified below as to members and member-officers of the |
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227 | 227 | | 175 |
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228 | 228 | | General Assembly, the annual salary of each state official whose salary is established by176 |
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229 | 229 | | Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including177 |
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230 | 230 | | members of the General Assembly, the Speaker of the House of Representatives, the178 |
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231 | 231 | | President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of179 |
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232 | 232 | | Representatives, may be increased by the General Assembly in the General Appropriations180 |
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233 | 233 | | Act by a percentage not to exceed the average percentage of the increase in salary as may181 |
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234 | 234 | | from time to time be granted to employees of the executive, judicial, and legislative182 |
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235 | 235 | | branches of government. However, any increase for such officials shall not include183 |
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236 | 236 | | within-grade step increases for which employees subject to compensation plans authorized184 |
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237 | 237 | | and approved in accordance with Code Section 45-20-4 are eligible. Any increase granted185 |
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238 | 238 | | pursuant to this subsection shall become effective at the same time that funds are made186 |
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239 | 239 | | available for the increase for such employees, except increases for members and187 |
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240 | 240 | | member-officers of the General Assembly. That portion of the increase determined by the188 |
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241 | 241 | | Legislative Services Committee to reflect a cost-of-living increase based upon objective189 |
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242 | 242 | | economic criteria shall become effective for members and member-officers at the same190 |
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243 | 243 | | time that funds are made available for the increase for such employees. The balance of the191 |
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244 | 244 | | increase for members and member-officers of the General Assembly shall become effective192 |
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245 | 245 | | on the convening of the next General Assembly in January of the next odd-numbered year. 193 |
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246 | 246 | | The Office of Planning and Budget shall calculate the average percentage increase.194 |
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247 | 247 | | (c) The annual salary being received on June 30, 1980, shall be increased by 8 percent for195 |
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248 | 248 | | each state official listed in subsection (a) of this Code section who:196 |
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249 | 249 | | (1) Is not a member of the General Assembly; and197 |
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250 | 250 | | (2) Is not a contributing member of a state retirement system and, therefore, does not198 |
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251 | 251 | | benefit by or participate in any program whereunder a portion of the employee199 |
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252 | 252 | | contributions to the state retirement system are made on behalf of the employee by the200 |
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253 | 253 | | employer.201 |
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254 | 254 | | H. B. 86 |
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256 | 256 | | (d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary202 |
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257 | 257 | | fixed for the judges of the United States District Court for the Northern District of203 |
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258 | 258 | | Georgia on July 1 of the second preceding state fiscal year.204 |
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259 | 259 | | (2) The annual salary of each of the state officials listed below shall be set by the General205 |
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260 | 260 | | Assembly in the General Appropriations Act, provided that such salary shall not exceed206 |
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261 | 261 | | the ratio of the base salary listed below for such officials:207 |
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262 | 262 | | (A) Each Justice of the Supreme Court.........................100 percent208 |
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263 | 263 | | (B) Each Judge of the Court of Appeals..........................99 percent209 |
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264 | 264 | | (C) Judge of the Georgia State-wide Business Court................95 percent"210 |
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265 | 265 | | SECTION 2.211 |
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266 | 266 | | Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries212 |
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267 | 267 | | of certain state officials and cost-of-living adjustments, is revised by amending subsection213 |
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268 | 268 | | (d) as follows:214 |
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269 | 269 | | "(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary215 |
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270 | 270 | | fixed for the judges of the United States District Court for the Northern District of216 |
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271 | 271 | | Georgia on July 1 of the second preceding state fiscal year.217 |
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272 | 272 | | (2) The annual salary of each of the state officials listed below shall be set by the General218 |
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273 | 273 | | Assembly in the General Appropriations Act, provided that such salary shall not exceed219 |
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274 | 274 | | the ratio of the base salary listed below for such officials:220 |
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275 | 275 | | (A) Each Justice of the Supreme Court .........................100 percent221 |
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276 | 276 | | (B) Each Judge of the Court of Appeals..........................99 percent222 |
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277 | 277 | | (C) Judge of the Georgia State-wide Business Court................95 percent223 |
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278 | 278 | | (D) Judge of the Georgia Tax Court.............................95 percent"224 |
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279 | 279 | | H. B. 86 |
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281 | 281 | | SECTION 3. |
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282 | 282 | | 225 |
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283 | 283 | | (a) Except as otherwise provided in subsection (b) of this section, this Act shall become226 |
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284 | 284 | | effective:227 |
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285 | 285 | | (1) On June 1, 2025, to the extent that necessary funds have been appropriated in an Act228 |
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286 | 286 | | to make and provide appropriations for the State Fiscal Year beginning July 1, 2024, and229 |
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287 | 287 | | ending June 30, 2025, as amended; or230 |
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288 | 288 | | (2) On July 1, 2025, if necessary funds have not been appropriated in an Act to make and231 |
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289 | 289 | | provide appropriations for the State Fiscal Year beginning July 1, 2024, and ending232 |
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290 | 290 | | June 30, 2025, as amended.233 |
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291 | 291 | | (b) Section 2 of this Act shall become effective on July 1, 2026.234 |
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292 | 292 | | SECTION 4.235 |
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293 | 293 | | All laws and parts of laws in conflict with this Act are repealed.236 |
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294 | 294 | | H. B. 86 |
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295 | 295 | | - 10 - |
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