25 LC 47 3171/AP
House Bill 86 (AS PASSED HOUSE AND SENATE)
By: Representatives Leverett of the 123
rd
, Efstration of the 104
th
, Burchett of the 176
th
, Hong
of the 103
rd
, Gunter of the 8
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual
1
salaries of certain state officials and cost-of-living adjustments, so as to revise provisions2
relating to calculating and setting the salaries of Justices of the Supreme Court, Judges of the3
Court of Appeals, the judge of the Georgia State-wide Business Court, and the judge of the4
Georgia State Tax Court; to provide for effective dates; to provide for related matters; to5
repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries9
of certain state officials and cost-of-living adjustments, is amended as follows:10
"45-7-4.11
(a) The annual salary of each of the state officials listed below shall be as follows:12
(1) Governor ..............................................13 $ 175,000.00
An allowance in an amount specified in the appropriations Act shall also
14
be provided for the operation of the Governor's mansion.15
(2) Lieutenant Governor .....................................16 54,920.00
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Notwithstanding any provision of law to the contrary, the annual salary for
17
the Lieutenant Governor for the 2021 fiscal year shall be reduced by an18
amount equal to 14 percent of the amount received for such office during19
the 2020 fiscal year.20
(3) Adjutant general21
The adjutant general shall continue to receive the pay and allowances under22
the same procedure as provided by law.23
(4) Commissioner of Agriculture ..............................24 100,429.00
(5) Attorney General ........................................
25 114,633.00
(6) Reserved.
26
(7) Commissioner of Insurance................................27 100,396.00
(8) Reserved.
28
(9) Commissioner of Labor...................................29 100,418.00
The above amount of salary for the Commissioner of Labor shall include
30
any compensation received from the United States government and the31
amount of state funds paid shall be reduced by the amount of compensation32
received from the United States government.33
(10) Reserved.34
(11) Each member of the Public Service Commission ..............35 96,655.00
(12) Reserved.
36
(13) State School Superintendent..............................37 102,708.00
(14) Secretary of State.......................................
38 102,708.00
(15) Reserved.
39
(16) Reserved.40
(17) Reserved.41
(18) Reserved.
Each Justice of the Supreme Court................42 175,600.00
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(19) Reserved. Each Judge of the Court of Appeals...............43 174,500.00
(19.1) Reserved. Judge of the Georgia State-wide Business Court....44 174,500.00
(20) Each superior court judge................................45 126,265.00
(21) Each district attorney....................................
46 120,072.00
(22) Each member of the General Assembly .....................
47 16,200.00
(A) Notwithstanding any provision of law to the contrary, the annual
48
salary for each member of the General Assembly for the 2021 fiscal year49
shall be reduced by an amount equal to 10 percent of the amount received50
for such office during the 2020 fiscal year.51
(B) Each member of the General Assembly shall also receive the52
allowances provided by law. The amount of the daily expense allowance53
which each member is entitled to receive under the provisions of Code54
Section 28-1-8 shall be as provided in that Code section. The mileage55
allowance for the use of a personal car on official business shall be the56
same as that received by other state officials and employees.57
(C) In addition to any other compensation and allowances authorized for58
members of the General Assembly, each member may be reimbursed for59
per diem differential and for actual expenses incurred in the performance60
of duties as a member of the General Assembly in an amount not to61
exceed $7,000.00 per year. Expenses reimbursable up to such amount62
shall be limited to one or more of the following purposes: lodging, meals,63
per diem differential, postage, personal services, printing and64
publications, rents, supplies (including software), telecommunications,65
transportation, utilities, purchasing or leasing of equipment, and other66
reasonable expenditures directly related to the performance of a67
member's duties. If equipment purchased by a member has a depreciated68
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value of $100.00 or less when such member leaves office, the equipment
69
does not need to be returned to the state. No reimbursement shall be70
made for any postage which is used for a political newsletter. No71
reimbursement shall be paid for lodging or meals for any day for which72
a member receives the daily expense allowance as provided in this73
paragraph. Eligible expenses shall be reimbursed following the74
submission of vouchers to the legislative fiscal office in compliance with75
the requirements of this subparagraph and subject to the provisions of76
subparagraph (E) of this paragraph. Such vouchers shall be submitted in77
such form and manner as prescribed by the Legislative Services78
Committee pursuant to subparagraph (E) of this paragraph, provided that79
each such voucher shall be accompanied by a supporting document or80
documents, or legible copies thereof, showing payment for each expense81
claimed or an explanation of the absence of such documentation; in82
addition, each such voucher shall include a certification by the member83
that the information contained in such voucher and supporting document84
or documents, or legible copies thereof, is true and correct and that such85
expenses were incurred by the member. The provisions of Code86
Section 16-10-20 shall be applicable to any person submitting such87
certified vouchers and supporting documents or copies the same as if the88
General Assembly were a department or agency of state government. No89
such voucher or supporting document shall be required for per diem90
differential.91
(D) The amount of per diem differential which may be claimed for each92
day under subparagraph (C) of this paragraph shall be the difference93
between the daily expense allowance authorized for members of the94
General Assembly and $119.00; provided, however, that the General95
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Appropriations Act for any fiscal year may increase such amount
96
of $119.00 per day to an amount not in excess of the federal per diem rate97
then in effect for the state capital as specified by the General Services98
Administration. Per diem differential shall be paid by the legislative99
fiscal office to the member upon the member's notification to the100
legislative fiscal office of the days for which the daily expense allowance101
was received for which the member wishes to claim the per diem102
differential, and the legislative fiscal office shall keep a record of the103
days for which per diem differential is so claimed and paid.104
(E) For the purposes of this paragraph, a year shall begin on the105
convening date of the General Assembly in regular session each year and106
end on the day prior to the convening of the General Assembly in the107
next calendar year. Any voucher or claim for any reimbursement for any108
year as defined in this paragraph shall be submitted no later than the109
fifteenth of April immediately following the end of such year. No110
reimbursement shall be made on any voucher or claim submitted after111
that date. Any amounts remaining in such expense account at the end of112
the first year of the two-year biennium may be claimed for expenses113
incurred during the second year of the two-year biennium. Any amounts114
remaining in any expense account which are not so claimed by April 15115
of the year following the second year of the biennium and any amounts116
claimed which are returned as hereafter provided for in this paragraph117
shall lapse and shall be remitted by the legislative fiscal office to the118
general fund of the state treasury. Any former member of the General119
Assembly may be reimbursed for expenses incurred while a member of120
the General Assembly upon compliance with the provisions of this121
paragraph. The Legislative Services Committee is empowered to provide122
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such procedures as it deems advisable to administer the provisions of this
123
paragraph, including, but not limited to, definitions of the above list of124
items for which reimbursement may be made; provided, however, that125
the term 'other reasonable expenditures directly related to the126
performance of a member's duties' shall be as defined by policies adopted127
by the Speaker of the House of Representatives and by the Senate128
Administrative Affairs Committee as to reimbursement of such129
expenditures incurred by members of the House and Senate, respectively;130
and provided, further, that the amount of expenses which may be131
reimbursed within the limits of subparagraph (C) of this paragraph for132
travel outside the state may be as provided by policies adopted by the133
Speaker of the House of Representatives and by the Senate134
Administrative Affairs Committee as to such expenditures of members135
of the House and Senate, respectively. The Legislative Services136
Committee is further empowered to prescribe the form of the voucher or137
claim which must be submitted to the legislative fiscal office. In the138
event of any disagreement as to whether any reimbursement shall be139
made or any allowance shall be paid, the Legislative Services Committee140
shall make the final determination; except that in the event of any141
disagreement as to whether any reimbursement under subparagraph (C)142
of this paragraph shall be made for other reasonable expenses directly143
related to the performance of a member's duties or for travel outside the144
state, the Speaker of the House of Representatives shall make the final145
determination as to such expenses incurred by a member of the House,146
and the Senate Administrative Affairs Committee shall make the final147
determination as to such expenses incurred by a member of the Senate.148
In the event any reimbursement is made or any allowance is paid and it149
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is later determined that such reimbursement or payment was made in
150
error, the person to whom such reimbursement or payment was made151
shall remit to the legislative fiscal office the amount of money involved. 152
In the event any such person refuses to make such remittance, the153
legislative fiscal office is authorized to withhold the payment of any154
other moneys to which such person is entitled until the amount of such155
reimbursement or payment which was made in error shall be realized.156
(23) Speaker of the House of Representatives ....................157 17,800.00
The Speaker of the House of Representatives shall also receive the salary
158
and allowances authorized as a member of the General Assembly. Upon159
the taking of office by the members of the General Assembly on the160
convening day of the regular session of the General Assembly in 1983, the161
annual salary of the Speaker of the House of Representatives shall162
become $22,800.00. After such date, the Speaker shall also receive as163
additional salary a sum equal to the amount of salary over $30,000.00 per164
annum which is received by the Lieutenant Governor as of that date or165
thereafter; and the salary of the Speaker shall be adjusted at the beginning166
of each term so as to include such additional sum.167
(24) President Pro Tempore of the Senate........................168 4,800.00
The President Pro Tempore of the Senate shall also receive the salary and
169
allowances authorized as a member of the General Assembly.170
(25) Speaker Pro Tempore of the House of Representatives .........171 4,800.00
The Speaker Pro Tempore of the House of Representatives shall also
172
receive the salary and allowances authorized as a member of the General173
Assembly.174
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(b) As an adjustment except as qualified below as to members and member-officers of the
175
General Assembly, the annual salary of each state official whose salary is established by176
Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including177
members of the General Assembly, the Speaker of the House of Representatives, the178
President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of179
Representatives, may be increased by the General Assembly in the General Appropriations180
Act by a percentage not to exceed the average percentage of the increase in salary as may181
from time to time be granted to employees of the executive, judicial, and legislative182
branches of government. However, any increase for such officials shall not include183
within-grade step increases for which employees subject to compensation plans authorized184
and approved in accordance with Code Section 45-20-4 are eligible. Any increase granted185
pursuant to this subsection shall become effective at the same time that funds are made186
available for the increase for such employees, except increases for members and187
member-officers of the General Assembly. That portion of the increase determined by the188
Legislative Services Committee to reflect a cost-of-living increase based upon objective189
economic criteria shall become effective for members and member-officers at the same190
time that funds are made available for the increase for such employees. The balance of the191
increase for members and member-officers of the General Assembly shall become effective192
on the convening of the next General Assembly in January of the next odd-numbered year. 193
The Office of Planning and Budget shall calculate the average percentage increase.194
(c) The annual salary being received on June 30, 1980, shall be increased by 8 percent for195
each state official listed in subsection (a) of this Code section who:196
(1) Is not a member of the General Assembly; and197
(2) Is not a contributing member of a state retirement system and, therefore, does not198
benefit by or participate in any program whereunder a portion of the employee199
contributions to the state retirement system are made on behalf of the employee by the200
employer.201
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(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary202
fixed for the judges of the United States District Court for the Northern District of203
Georgia on July 1 of the second preceding state fiscal year.204
(2) The annual salary of each of the state officials listed below shall be set by the General205
Assembly in the General Appropriations Act, provided that such salary shall not exceed206
the ratio of the base salary listed below for such officials:207
(A) Each Justice of the Supreme Court.........................100 percent208
(B) Each Judge of the Court of Appeals..........................99 percent209
(C) Judge of the Georgia State-wide Business Court................95 percent"210
SECTION 2.211
Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries212
of certain state officials and cost-of-living adjustments, is revised by amending subsection213
(d) as follows:214
"(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary215
fixed for the judges of the United States District Court for the Northern District of216
Georgia on July 1 of the second preceding state fiscal year.217
(2) The annual salary of each of the state officials listed below shall be set by the General218
Assembly in the General Appropriations Act, provided that such salary shall not exceed219
the ratio of the base salary listed below for such officials:220
(A) Each Justice of the Supreme Court .........................100 percent221
(B) Each Judge of the Court of Appeals..........................99 percent222
(C) Judge of the Georgia State-wide Business Court................95 percent223
(D) Judge of the Georgia Tax Court.............................95 percent"224
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SECTION 3.
225
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become226
effective:227
(1) On June 1, 2025, to the extent that necessary funds have been appropriated in an Act228
to make and provide appropriations for the State Fiscal Year beginning July 1, 2024, and229
ending June 30, 2025, as amended; or230
(2) On July 1, 2025, if necessary funds have not been appropriated in an Act to make and231
provide appropriations for the State Fiscal Year beginning July 1, 2024, and ending232
June 30, 2025, as amended.233
(b) Section 2 of this Act shall become effective on July 1, 2026.234
SECTION 4.235
All laws and parts of laws in conflict with this Act are repealed.236
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