Senate Bill 386
By: Senator Moore of the 53rd
A BILL TO BE ENTITLED
AN ACT
To amend Title 28 of the Official Code of Georgia Annotated, relating to the General
Assembly, so as to prohibit the payment of daily expense allowances for days of session
where a call of the roll is not conducted; to require that members be present for the call of
the roll and for all votes during a day of session in order to receive daily expense allowances;
to remove an obsolete provision; to provide for construction; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is
amended in Code Section 28-1-8, relating to salary and allowances of members and officers,
by revising paragraph (1) of subsection (b) and subsections (f), (g), and (h) as follows:
"(b)(1) During regular and extraordinary sessions of the General Assembly, each member
shall also receive a daily expense allowance; <ins>provided, however, that, if a house of the
General Assembly suspends or otherwise does not conduct a call of the roll on a day of
session for the purpose of determining which members are present, no member of that
house of the General Assembly shall receive a daily expense allowance for that day of
session.</ins> Each member shall also receive the mileage allowance for the use of a personal
car when devoted to official business as provided for in Code Section 50-19-7, for not
more than one round trip to and from the member's residence and the state capitol by the
most practical route, per calendar week, or portion thereof, during each regular and
extraordinary session. In the event a member travels by public carrier for any part of a
round trip as provided above, such member shall receive a travel allowance of actual
transportation costs for each such part in lieu of the mileage allowance. For each day's
service within the state as a member of a standing committee or of an interim committee
created by or pursuant to a resolution of either or both houses or as a member of a
committee, board, bureau, commission, or other agency created by or pursuant to statute
or the Constitution of Georgia, such member shall receive a daily expense allowance and
the mileage allowance for the use of a personal car when devoted to official business as
provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs
if traveling by public carrier. Any such member shall also be reimbursed for any
conference or meeting registration fee incurred in the performance of his or her official
duties as a member of any committee, board, bureau, commission, or other agency. In
the event it becomes necessary for a committee to rent a meeting room in the
performance of the duties of the committee, the committee chairperson must have prior
written approval of the President of the Senate or the Speaker of the House, or both, as
the case may be, depending on the composition of the committee. The expense of such
rental shall be billed to the committee. For each day's service out of state as a member
of any committee, board, bureau, commission, or other agency, such member shall
receive actual expenses as an expense allowance, plus the mileage allowance for the use
of a personal car when devoted to official business as provided for in Code
Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public
carrier or by rental motor vehicle. The amount of the daily expense allowances provided
for in this paragraph shall be fixed by the Legislative Services Committee; provided,
however, that the amount of the daily expense allowance shall remain at $75.00 until
changed by the Legislative Services Committee. The Legislative Services Committee
shall periodically review, and when appropriate revise, the amount of the daily expense
allowance. The amount of the daily expense allowance shall be fixed by the Legislative
Services Committee in an amount which reasonably corresponds to the housing and meal
expenses typically incurred by members in the performance of their duties; provided,
however, that the amount so fixed shall not exceed the federal per diem rate in effect for
the state capital as specified by the General Services Administration at the time that the
committee acts."
"(f) If sickness prevents any member from attending the house of which he or she is a
member during any session of the General Assembly, he or she shall be entitled to the same
daily expense allowance as an attending member. <del>No</del> <ins>Except as provided in subsection (g)
of this Code section, no</ins> member shall receive a daily expense allowance for absent time
except on account of sickness of himself or herself or his or her family <del>or by express leave
of the house of which he or she is a member.</del> <ins>A member shall be deemed absent from a day
of session and shall not be entitled to receive a daily expense allowance for such day of
session if he or she is not present for the call of the roll and for all votes taken by the house
of which he or she is a member during such day of session.
</ins> (g) <del>Prior to January 10, 1983, if any member of the General Assembly dies during or after
a regular or extraordinary session without having received all or any portion of his or her
daily expense allowance for such session, the amount due for the whole session shall be
paid to the surviving spouse of the deceased; and if there is no surviving spouse, in like
manner to the children; and if there are no children, in like manner to the mother; and if
there is no mother, in like manner to the father; and if there is no father, in like manner to
the estate of the deceased member.
(h) From and after January 10, 1983, if</del> <ins>If</ins> any member of the General Assembly dies
during or after a regular or extraordinary session without having received all or any portion
of the member's daily expense allowance for such session, the amount due for the whole
session, <ins>without regard to whether a call of the roll was taken on any particular day of such
session,</ins> shall be paid to the surviving spouse of the deceased; and if there is no surviving
spouse, in like manner to the children; and if there are no children, in like manner to the
estate of the deceased member. The member's salary for the full calendar month during
which the member dies shall be paid in the same manner."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.