HB86: HB86 Public officers and employees; calculating and setting the salaries of certain state officials; revise provisions

25 LC 47 3171/AP House Bill 86 (AS PASSED HOUSE AND SENATE) By: Representatives Leverett of the 123rd, Efstration of the 104th, Burchett of the 176th, Hong of the 103rd, Gunter of the 8th, 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 annual1 salaries of certain state officials and cost-of-living adjustme nts, 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 pro vide 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 ) G o v e r n o r ..............................................13 $ 175,000.00 An allowance in an amount specified in the appropriations Act shall also14 be provided for the operation of the Governor's mansion.15 ( 2 ) L i e u t e n a n t G o v e r n o r .....................................16 54,920.00 H. B. 86 - 1 - 25 LC 47 3171/AP Notwithstanding any provision of law to the contrary, the annual salary for17 the Lieutenant Governor for the 2021 fiscal year shall be reduc ed 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 ) C o m m i s s i o n e r o f A g r i c u l t u r e ..............................24 100,429.00 ( 5 ) A t t o r n e y G e n e r a l ........................................25 114,633.00 (6) Reserved.26 ( 7 ) C o m m i s s i o n e r o f I n s u r a n c e ................................27 100,396.00 (8) Reserved.28 ( 9 ) C o m m i s s i o n e r o f L a b o r ...................................29 100,418.00 The above amount of salary for the Commissioner of Labor shall include30 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 ( 1 1 ) E a c h m e m b e r o f t h e P u b l i c S e r v i c e C o m m i s s i o n ..............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 H. B. 86 - 2 - 25 LC 47 3171/AP (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 ( 2 2 ) E a c h m e m b e r o f t h e G e n e r a l A s s e m b l y .....................47 16,200.00 (A) Notwithstanding any provision of law to the contrary, the annual48 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 o f 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 sh all 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 am ount62 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), telecommuni cations,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 H. B. 86 - 3 - 25 LC 47 3171/AP value of $100.00 or less when such member leaves office, the equipment69 does not need to be returned to the state. No reimbursement sh all be70 made for any postage which is used for a political newsletter. N o71 reimbursement shall be paid for lodging or meals for any day for which72 a member receives the daily expense allowance as provided in th is73 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 provis ions 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; i n82 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 s uch87 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 d iem90 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 diffe rence93 between the daily expense allowance authorized for members of t he94 General Assembly and $119.00; provided, however, that the Gener al95 H. B. 86 - 4 - 25 LC 47 3171/AP Appropriations Act for any fiscal year may increase such amount96 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 Genera l Services98 Administration. Per diem differential shall be paid by the leg islative99 fiscal office to the member upon the member's notification to t he100 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 re cord 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 i n the107 next calendar year. Any voucher or claim for any reimbursement for any108 year as defined in this paragraph shall be submitted no later t han the109 fifteenth of April immediately following the end of such year. N o110 reimbursement shall be made on any voucher or claim submitted a fter111 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 expe nses113 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 pa ragraph117 shall lapse and shall be remitted by the legislative fiscal off ice to the118 general fund of the state treasury. Any former member of the G eneral119 Assembly may be reimbursed for expenses incurred while a member of120 the General Assembly upon compliance with the provisions of thi s121 paragraph. The Legislative Services Committee is empowered to provide122 H. B. 86 - 5 - 25 LC 47 3171/AP such procedures as it deems advisable to administer the provisions of this123 paragraph, including, but not limited to, definitions of the ab ove list of124 items for which reimbursement may be made; provided, however, t hat125 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 Senat e128 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 paragr aph 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 Service s136 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 a n y141 disagreement as to whether any reimbursement under subparagraph (C)142 of this paragraph shall be made for other reasonable expenses d irectly143 related to the performance of a member's duties or for travel outside the144 state, the Speaker of the House of Representatives shall make t he final145 determination as to such expenses incurred by a member of the H ouse,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 H. B. 86 - 6 - 25 LC 47 3171/AP is later determined that such reimbursement or payment was made in150 error, the person to whom such reimbursement or payment was mad e151 shall remit to the legislative fiscal office the amount of money involved. 152 In the event any such person refuses to make such remittance, t he153 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 ( 2 3 ) S p e a k e r o f t h e H o u s e o f R e p r e s e n t a t i v e s ....................157 17,800.00 The Speaker of the House of Representatives shall also receive the salary158 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 sh all162 become $22,800.00. After such date, the Speaker shall also rec eive 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 d ate 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 ( 2 4 ) P r e s i d e n t P r o T e m p o r e o f t h e S e n a t e........................168 4,800.00 The President Pro Tempore of the Senate shall also receive the salary and169 allowances authorized as a member of the General Assembly.170 ( 2 5 ) S p e a k e r P r o T e m p o r e o f t h e H o u s e o f R e p r e s e n t a t i v e s .........171 4,800.00 The Speaker Pro Tempore of the House of Representatives shall a lso172 receive the salary and allowances authorized as a member of the General173 Assembly.174 H. B. 86 - 7 - 25 LC 47 3171/AP (b) As an adjustment except as qualified below as to members and member-officers of the175 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 Re presentatives, the178 President Pro Tempore of the Senate, and the Speaker Pro Tempor e 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, jud icial, and legislative182 branches of government. However, any increase for such officia ls 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 f o r m e m b e r s a n d187 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 o f the employee199 contributions to the state retirement system are made on behalf of the employee by the200 employer.201 H. B. 86 - 8 - 25 LC 47 3171/AP (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 th e 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 th e 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 ) E a c h J u s t i c e o f t h e S u p r e m e C o u r t .........................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 H. B. 86 - 9 - 25 LC 47 3171/AP SECTION 3.225 (a) Except as otherwise provided in subsection (b) of this sec tion, 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 H. B. 86 - 10 -