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 annual
salaries of certain state officials and cost-of-living adjustments, so as to revise provisions
relating to calculating and setting the salaries of Justices of the Supreme Court, Judges of the
Court of Appeals, the judge of the Georgia State-wide Business Court, and the judge of the
Georgia State Tax Court; to provide for effective dates; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries
of certain state officials and cost-of-living adjustments, is amended as follows:
"45-7-4.
(a) The annual salary of each of the state officials listed below shall be as follows:
(1) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175,000.00
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
Notwithstanding any provision of law to the contrary, the annual salary for
the Lieutenant Governor for the 2021 fiscal year shall be reduced by an
amount equal to 14 percent of the amount received for such office during
the 2020 fiscal year.
(3) Adjutant general
The adjutant general shall continue to receive the pay and allowances under
the same procedure as provided by law.
(4) Commissioner of Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,429.00
(5) Attorney General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114,633.00
(6) Reserved.
(7) Commissioner of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,396.00
(8) Reserved.
(9) 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) State School Superintendent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,708.00
(14) Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,708.00
(15) Reserved.
(16) Reserved.
(17) Reserved.
(18) <ins>Reserved.</ins> <del>Each Justice of the Supreme Court</del> . . . . . . . . . . . . . . . . <del>175,600.00
</del>
(19) <ins>Reserved.</ins> <del>Each Judge of the Court of Appeals</del> . . . . . . . . . . . . . . . <del>174,500.00
</del> (19.1) <ins>Reserved.</ins> <del>Judge of the Georgia State-wide Business Court</del> . . . . <del>174,500.00
</del> (20) Each superior court judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126,265.00
(21) Each district attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120,072.00
(22) Each member of the General Assembly . . . . . . . . . . . . . . . . . . . . . 16,200.00
(A) Notwithstanding any provision of law to the contrary, the annual
salary for each member of the General Assembly for the 2021 fiscal year
shall be reduced by an amount equal to 10 percent of the amount received
for such office during the 2020 fiscal year.
(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 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, purchasing or leasing of equipment, and other
reasonable expenditures directly related to the performance of a
member's duties. 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. Eligible expenses shall be reimbursed following the
submission of vouchers to the legislative fiscal office in compliance with
the requirements of this subparagraph and subject to the provisions of
subparagraph (E) of this paragraph. Such vouchers shall be submitted in
such form and manner as prescribed by the Legislative Services
Committee pursuant to subparagraph (E) of this paragraph, provided that
each such voucher shall be accompanied by a supporting document or
documents, or legible copies thereof, showing payment for each expense
claimed or an explanation of the absence of such documentation; in
addition, each such voucher shall include a certification by the member
that the information contained in such voucher and supporting document
or documents, or legible copies thereof, is true and correct and that such
expenses were incurred by the member. The provisions of Code
Section 16-10-20 shall be applicable to any person submitting such
certified vouchers and supporting documents or copies the same as if the
General Assembly were a department or agency of state government. No
such 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; provided, however, that
the term 'other reasonable expenditures directly related to the
performance of a member's duties' shall be as defined by policies adopted
by the Speaker of the House of Representatives and by the Senate
Administrative Affairs Committee as to reimbursement of such
expenditures incurred by members of the House and Senate, respectively;
and provided, further, that the amount of expenses which may be
reimbursed within the limits of subparagraph (C) of this paragraph for
travel outside the state may be as provided by policies adopted by the
Speaker of the House of Representatives and by the Senate
Administrative Affairs Committee as to such expenditures of members
of the House and Senate, respectively. The Legislative Services
Committee is further empowered to prescribe 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; except that in the event of any
disagreement as to whether any reimbursement under subparagraph (C)
of this paragraph shall be made for other reasonable expenses directly
related to the performance of a member's duties or for travel outside the
state, the Speaker of the House of Representatives shall make the final
determination as to such expenses incurred by a member of the House,
and the Senate Administrative Affairs Committee shall make the final
determination as to such expenses incurred by a member of the Senate.
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.
(b) As an adjustment except as qualified below as to members and member-officers of the
General Assembly, the annual salary of each state official whose salary is established by
Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including
members of the General Assembly, the Speaker of the House of Representatives, the
President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of
Representatives, may be increased by the General Assembly in the General Appropriations
Act by a percentage not to exceed the average percentage of the increase in salary as may
from time to time be granted to employees of the executive, judicial, and legislative
branches of government. However, any increase for such officials shall not include
within-grade step increases for which employees subject to compensation plans authorized
and approved in accordance with Code Section 45-20-4 are eligible. Any increase granted
pursuant to this subsection shall become effective at the same time that funds are made
available for the increase for such employees, except increases for members and
member-officers of the General Assembly. That portion of the increase determined by the
Legislative Services Committee to reflect a cost-of-living increase based upon objective
economic criteria shall become effective for members and member-officers at the same
time that funds are made available for the increase for such employees. The balance of the
increase for members and member-officers of the General Assembly shall become effective
on the convening of the next General Assembly in January of the next odd-numbered year.
The Office of Planning and Budget shall calculate the average percentage increase.
(c) The annual salary being received on June 30, 1980, shall be increased by 8 percent for
each state official listed in subsection (a) of this Code section who:
(1) Is not a member of the General Assembly; and
(2) Is not a contributing member of a state retirement system and, therefore, does not
benefit by or participate in any program whereunder a portion of the employee
contributions to the state retirement system are made on behalf of the employee by the
employer.
<ins>(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary
fixed for the judges of the United States District Court for the Northern District of
Georgia on July 1 of the second preceding state fiscal year.
(2) The annual salary of each of the state officials listed below shall be set by the General
Assembly in the General Appropriations Act, provided that such salary shall not exceed
the ratio of the base salary listed below for such officials:
(A) Each Justice of the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . 100 percent
(B) Each Judge of the Court of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . 99 percent
(C) Judge of the Georgia State-wide Business Court . . . . . . . . . . . . . . . . 95 percent"
</ins> SECTION 2.
Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries
of certain state officials and cost-of-living adjustments, is revised by amending subsection
(d) as follows:
"(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary
fixed for the judges of the United States District Court for the Northern District of
Georgia on July 1 of the second preceding state fiscal year.
(2) The annual salary of each of the state officials listed below shall be set by the General
Assembly in the General Appropriations Act, provided that such salary shall not exceed
the ratio of the base salary listed below for such officials:
(A) Each Justice of the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . 100 percent
(B) Each Judge of the Court of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . 99 percent
(C) Judge of the Georgia State-wide Business Court . . . . . . . . . . . . . . . . 95 percent
<ins>(D) Judge of the Georgia Tax Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 percent"
</ins>
SECTION 3.
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become
effective:
(1) On June 1, 2025, to the extent that necessary funds have been appropriated in an Act
to make and provide appropriations for the State Fiscal Year beginning July 1, 2024, and
ending June 30, 2025, as amended; or
(2) On July 1, 2025, if necessary funds have not been appropriated in an Act to make and
provide appropriations for the State Fiscal Year beginning July 1, 2024, and ending
June 30, 2025, as amended.
(b) Section 2 of this Act shall become effective on July 1, 2026.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.