GA Code § 28-1-8 (2021)
2021 Georgia Code|Title 28 - General Assembly|Chapter 1 - General Provisions|§ 28-1-8. Salary and Allowances of Members and Officers

  Each member of the General Assembly shall receive an annual salary, as provided for in Code Section 45-7-4, to be paid in equal monthly installments. Upon complying with the requirements of paragraph (22) of subsection (a) of Code Section 45-7-4, each member shall also be reimbursed for those actual expenses incurred in the performance of duties for which reimbursement is provided in paragraph (22) of subsection (a) of Code Section 45-7-4. The Speaker of the House of Representatives, the Speaker Pro Tempore of the House of Representatives, and the President Pro Tempore of the Senate shall receive an additional amount per annum as provided for in Code Section 45-7-4. The majority leader, the minority leader, the administration floor leader, and the assistant administration floor leaders of the House of Representatives and the majority leader, the minority leader, the administration floor leader, and the assistant administration floor leaders of the Senate shall each receive such additional amount per annum as shall be provided by resolution of the respective houses; but such amount for each shall not be greater than the additional amount provided by law for the Speaker Pro Tempore of the House of Representatives. All of such additional amounts shall also be paid in equal monthly installments.     During regular and extraordinary sessions of the General Assembly, each member shall also receive a daily expense allowance. 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.   Transportation costs incurred by a member of the Senate for air travel within or without the state during the interim as a member of a committee, board, bureau, commission, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Senate Administrative Affairs Committee.Transportation costs incurred by a member of the House of Representatives for air travel within or without the state during the interim as a member of a committee, board, bureau, commission, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Speaker of the House.   Notwithstanding any other provision of this subsection to the contrary, reimbursement of authorized transportation costs incurred by a member of the General Assembly for air travel inside or outside the state at any time shall be limited to the amounts provided for in the state-wide contract. As used in this paragraph, the term "state-wide contract" means the state-wide contract for airline travel incorporated in the state travel regulations established by the State Accounting Office. This limitation shall not apply, however, if the air travel is between pairs of cities not covered in the state-wide contract, if no state-wide contract is in effect, if the contracted flight is other than a nonstop flight, the contracted flight would cause the member undue hardship or would conflict with the member's schedule, or if passage under a state-wide contract is otherwise not reasonably available. When reimbursement is requested for an amount in excess of the amount provided in the state-wide contract, the member shall sign a statement indicating which of the foregoing exceptions applies.   All allowances provided for in this subsection shall be paid upon the submission of proper vouchers.     No member shall receive any expense allowance, mileage allowance, or travel allowance for service as a member of any committee, board, bureau, commission, or other agency, as provided for in this Code section, unless such member has personally performed the service and has personally incurred the expense for mileage or travel. Each member of the General Assembly submitting a voucher shall certify that such member personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and correct. The voucher shall contain such a certificate which the member must sign.   It shall be unlawful for any member willfully to make a certificate, as provided for in subsection (c) of this Code section, knowing it to be false; and any member convicted of making such a false certificate shall be punished by a fine of not more than $1,000.00, or by imprisonment of not less than one nor more than five years, or both. No member of the General Assembly shall receive any compensation, salary, per diem, expenses, allowances, mileage, costs, or any other remuneration whatsoever for service as a member of the General Assembly other than as provided for in this Code section.   The Senate Rules Committee shall designate an audit subcommittee to examine and review, not less than once every two months, legislative expenditures, including all vouchers submitted by members of the Senate, as provided for in this Code section, for which the members have received payment. The subcommittee is authorized to issue reports of its examination and review. The House Information and Audits Committee shall examine and review, not less than once every two months, legislative expenditures, including all vouchers submitted by members of the House of Representatives, as provided for in this Code section, for which the members have received payment. The committee is authorized to issue reports of its examination and review.   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. No member shall receive a daily expense allowance for absent time except on account of sickness of himself or herself or his or her family or by express leave of the house of which he or she is a member.   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.   From and after 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 the member's 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 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.    (Orig. Code 1863, §§ 184, 185, 186; Code 1868, §§ 178, 179, 180; Ga. L. 1871-72, p. 18, § 1; Code 1873, §§ 189, 190, 191; Code 1882, §§ 189, 190, 191; Civil Code 1895, §§ 309, 310, 311; Civil Code 1910, §§ 351, 352, 353; Ga. L. 1918, p. 89, § 1; Ga. L. 1919, p. 76, § 1; Code 1933, §§ 47-107, 47-108, 47-109; Ga. L. 1960, p. 141, § 1; Ga. L. 1966, p. 544, § 1; Ga. L. 1967, p. 39, § 1; Ga. L. 1970, p. 647, § 1; Ga. L. 1971, p. 207, § 1; Ga. L. 1972, p. 248, § 1; Ga. L. 1975, p. 155, § 1; Ga. L. 1976, p. 763, § 1; Ga. L. 1981, p. 699, § 1; Ga. L. 1982, p. 3, § 28; Ga. L. 1985, p. 1055, § 1; Ga. L. 1986, p. 10, § 28; Ga. L. 1986, p. 311, § 1; Ga. L. 1986, p. 314, § 1; Ga. L. 1992, p. 3041, § 1; Ga. L. 1996, p. 1302, § 1; Ga. L. 1999, p. 1242, § 1; Ga. L. 2001, p. 865, § 1; Ga. L. 2005, p. 694, § 30/HB 293; Ga. L. 2009, p. 303, § 17/HB 117; Ga. L. 2017, p. 774, § 28/HB 323.)    The 2017 amendment,  effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, in subsection (f), substituted "he or she" for "he" throughout and substituted "himself or herself or his or her family" for "himself or his family" near the end; and substituted "his or her" for "his" near the beginning of subsection (g).   Cross references.   - Salaries generally, Ga. Const. 1983, Art III, Sec. IV, Para. VI.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, "nonstop" was substituted for "non-stop" near the middle of the third sentence of paragraph (b)(3).   Pursuant to Code Section 28-9-5, in 2009, Code Section 28-1-8, as enacted by Ga. L. 2009, p. 620, § 7, was redesignated as Code Section 28-1-8.1.   Editor's notes.   - Ga. L. 1981, p. 699, § 2, not codified by the General Assembly, provides that Section 1 of that Act, regarding payment of salary and expense allowance of a member who has died, shall become effective when members of the General Assembly take office on the convening day of the regular session in 1983.   Ga. L. 1996, p. 1302, § 3, not codified by the General Assembly, provides, in part, that the amount of daily expense allowance shall remain $59.00 until the convening date of the 1997 regular session of the General Assembly and that on and after such date the allowance shall be $75.00.   Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 3, 452, 462, 472. 72 Am. Jur. 2d, States, Territories and Dependencies, § 57 et seq.   C.J.S.   - 67 C.J.S., Officers and Public Employees, §§ 374 et seq., 414, 415, 419. 81A C.J.S., States, §§ 92 et seq., 104 et seq., 206 et seq.   ALR.    - Power to appropriate public money for expenses of legislators not covered by constitutional compensation, 60 A.L.R. 416.