Travel Expenses; Provision of County Vehicle; Budget Request for State Funds

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  5. General Provisions
  6. Travel Expenses; Provision of County Vehicle; Budget Request for State Funds

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  1. The district attorney and any personnel compensated by the state pursuant to the provisions of this chapter shall be entitled to receive, in addition to such other compensation as may be provided by law, reimbursement for actual expenses incurred in the performance of their official duties from the Prosecuting Attorneys' Council of the State of Georgia in accordance with the rules and regulations issued pursuant to Code Section 45-7-28.1 and such supplemental rules as may be adopted by the council.
  2. Nothing in this Code section shall permit reimbursement of expenses or payment of a per diem allowance to any person designated by subsection (a) of this Code section for travel between such person's residence and the courthouse or other office designated in writing by the district attorney as such person's place of employment or any office of the district attorney located in the county in which such person resides.
  3. The Prosecuting Attorneys' Council of the State of Georgia shall be authorized to provide advance travel funds to persons designated by subsection (a) of this Code section as provided by Code Sections 45-7-25 through 45-7-28.
    1. The governing authority of the county or counties comprising the judicial circuit may provide a person designated by subsection (a) of this Code section with a government owned vehicle and vehicle expenses, in which event the Prosecuting Attorneys' Council of the State of Georgia may reimburse the county for the actual mileage driven at the same rate as is authorized by rules and regulations issued pursuant to Code Section 45-7-28.1, subject to the budget established for the judicial circuit.
    2. Subject to the budget established for the judicial circuit, the Prosecuting Attorneys' Council of the State of Georgia may pay the actual costs incurred by the district attorney's office for the operation of state owned motor vehicles. The Prosecuting Attorneys' Council of the State of Georgia shall adopt rules governing the operation of such vehicles.
    1. Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the Prosecuting Attorneys' Council of the State of Georgia pursuant to this Code section shall be paid out of such funds as may be appropriated by the General Assembly.
    2. On or before June 1 of each year, the council shall establish and furnish to each district attorney and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for such purpose.
    3. In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the district attorney of each judicial circuit, the geographic size and the caseload of each circuit, and such other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each district attorney, the state auditor, the House Budget and Research Office, and the Senate Budget and Evaluation Office a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust said budget as may be necessary to carry out the purposes of this Code section.
    4. No person designated by subsection (a) of this Code section shall be reimbursed from state funds for any expenses for which such person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse such expenses which may be incurred by such person in the performance of his or her official duties to the extent such expenses are not reimbursed by the state as provided in this Code section.
  6. The Prosecuting Attorneys' Council of the State of Georgia shall prepare and submit a proposed budget for state funds necessary to provide reimbursement of expenses as provided in this Code section in accordance with the provisions of Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each district attorney.

(Ga. L. 1971, p. 305, § 1; Code 1933, § 24-2905.1, enacted by Ga. L. 1977, p. 1257, § 3; Ga. L. 1981, p. 682, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1996, p. 382, § 1; Ga. L. 1997, p. 1319, § 4; Ga. L. 1998, p. 128, § 15; Ga. L. 2008, p. VO1, § 1-5/HB 529; Ga. L. 2014, p. 866, § 15/SB 340.)

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted "House Budget and Research Office" for "House Budget Office" and "Senate Budget and Evaluation Office" for "Senate Budget Office" in the third sentence of paragraph (e)(3).

Cross references.

- Annual salary of district attorney, § 45-7-4(a)(21).

Legal mileage allowance, § 50-19-7.

OPINIONS OF THE ATTORNEY GENERAL

Meals and lodging.

- District attorney and assistant district attorneys are entitled to reimbursement up to amount set for daily expense allowance authorized for members of the General Assembly for actual cost of meals and lodging incurred outside county in which principal office is located. 1982 Op. Att'y Gen. No. U82-41.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Prosecuting Attorneys, § 15.

C.J.S.

- 27 C.J.S., District and Prosecuting Attorneys, § 69.


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