SB386: SB386 General Assembly; daily expense allowances for days of session where a call of the roll is not conducted; prohibit the payment

26 LC 65 0012 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, re lating to the General1 Assembly, so as to prohibit the payment of daily expense allowa nces for days of session2 where a call of the roll is not conducted; to require that memb ers be present for the call of3 the roll and for all votes during a day of session in order to receive daily expense allowances;4 to remove an obsolete provision; to provide for construction; to provide for related matters;5 to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is9 amended in Code Section 28-1-8, relating to salary and allowances of members and officers,10 by revising paragraph (1) of subsection (b) and subsections (f), (g), and (h) as follows:11 "(b)(1) During regular and extraordinary sessions of the General Assembly, each member12 shall also receive a daily expense allowance; provided, however, that, if a house of the13 General Assembly suspends or otherwise does not conduct a call of the roll on a day of14 session for the purpose of determining which members are presen t, no member of that15 house of the General Assembly shall receive a daily expense all owance for that day of16 session. Each member shall also receive the mileage allowance for the use of a personal17 S. B. 386 - 1 - 26 LC 65 0012 car when devoted to official business as provided for in Code S ection 50-19-7, for not18 more than one round trip to and from the member's residence and the state capitol by the19 most practical route, per calendar week, or portion thereof, du ring each regular and20 extraordinary session. In the event a member travels by public carrier for any part of a21 round trip as provided above, such member shall receive a trave l allowance of actual22 transportation costs for each such part in lieu of the mileage allowance. For each day's23 service within the state as a member of a standing committee or of an interim committee24 created by or pursuant to a resolution of either or both houses or as a m em ber of a25 committee, board, bureau, commission, or other agency created by or pursuant to statute26 or the Constitution of Georgia, such member shall receive a daily expense allowance and27 the mileage allowance for the use of a personal car when devoted to official business as28 provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs29 if traveling by public carrier. Any such member shall also be reimbursed for any30 conference or meeting registration fee incurred in the performance of his or her official31 duties as a member of any committee, board, bureau, commission, or other agency. In32 the event it becomes necessary for a committee to rent a meetin g room in the33 performance of the duties of the committee, the committee chairperson must have prior34 written approval of the President of the Senate or the Speaker of the House, or both, as35 the case may be, depending on the composition of the committee. The expense of such36 rental shall be billed to the committee. For each day's service out of state as a member37 of any committee, board, bureau, commission, or other agency, s uch member shall38 receive actual expenses as an expense allowance, plus the mileage allowance for the use39 of a personal car when devoted to official business as provided for in Code40 Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public41 carrier or by rental motor vehicle. The amount of the daily expense allowances provided42 for in this paragraph shall be fixed by the Legislative Service s Committee; provided,43 however, that the amount of the daily expense allowance shall r emain at $75.00 until44 S. B. 386 - 2 - 26 LC 65 0012 changed by the Legislative Services Committee. The Legislative Services Committee45 shall periodically review, and when appropriate revise, the amount of the daily expense46 allowance. The amount of the daily expense allowance shall be fixed by the Legislative47 Services Committee in an amount which reasonably corresponds to the housing and meal48 expenses typically incurred by members in the performance of th eir duties; provided,49 however, that the amount so fixed shall not exceed the federal per diem rate in effect for50 the state capital as specified by the General Services Administration at the time that the51 committee acts."52 "(f) If sickness prevents any member from attending the house o f which he or she is a53 member during any session of the General Assembly, he or she shall be entitled to the same54 daily expense allowance as an attending member. No Except as provided in subsection (g)55 of this Code section, no member shall receive a daily expense allowance for absent time56 except on account of sickness of himself or herself or his or her family or by express leave57 of the house of which he or she is a member. A member shall be deemed absent from a day58 of session and shall not be entitled to receive a daily expense allowance for such day of59 session if he or she is not present for the call of the roll and for all votes taken by the house60 of which he or she is a member during such day of session.61 (g) Prior to January 10, 1983, if any member of the General Assembly dies during or after62 a regular or extraordinary session without having received all or any portion of his or her63 daily expense allowance for such session, the amount due for th e whole session shall be64 paid to the surviving spouse of the deceased; and if there is n o surviving spouse, in like65 manner to the children; and if there are no children, in like m anner to the mother; and if66 there is no mother, in like manner to the father; and if there is no father, in like manner to67 the estate of the deceased member.68 (h) From and afte r January 10, 1983, if If any member of the General Assembly dies69 during or after a regular or extraordinary session without having received all or any portion70 of the member's daily expense allowance for such session, the amount due for the whole71 S. B. 386 - 3 - 26 LC 65 0012 session, without regard to whether a call of the roll was taken on any particular day of such72 session, shall be paid to the surviving spouse of the deceased; and if there is no surviving73 spouse, in like manner to the children; and if there are no chi ldren, in like manner to the74 estate of the deceased member. The member's salary for the ful l calendar month during75 which the member dies shall be paid in the same manner."76 SECTION 2.77 All laws and parts of laws in conflict with this Act are repealed.78 S. B. 386 - 4 -