(2.1) Board of Community Supervision;
(2.2) Board of Public Safety;
(a.1)Each member of any state board whose membership is elected wholly by votes of the members of the House of Representatives and Senate shall receive the same per diem and transportation costs as that received by a member of the General Assembly for each day of actual attendance at meetings of such board and the committee meetings of such boards.
(Ga. L. 1973, p. 701, § 4; Ga. L. 1978, p. 4, § 4; Ga. L. 1984, p. 427, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1986, p. 10, § 45; Ga. L. 1989, p. 1641, § 11; Ga. L. 1990, p. 6, § 2; Ga. L. 1990, p. 1320, § 1; Ga. L. 1993, p. 809, § 2; Ga. L. 1994, p. 1251, § 2; Ga. L. 1995, p. 1041, § 2; Ga. L. 1999, p. 721, § 1.1; Ga. L. 1999, p. 1242, § 3; Ga. L. 1999, p. 1249, § 2; Ga. L. 2000, p. 1344, § 1; Ga. L. 2001, p. 924, § 1; Ga. L. 2004, p. 690, § 16; Ga. L. 2007, p. 47, § 45/SB 103; Ga. L. 2011, p. 459, § 4/HB 509; Ga. L. 2011, p. 632, § 3/HB 49; Ga. L. 2015, p. 422, § 5-94/HB 310; Ga. L. 2016, p. 282, § 1/SB 417; Ga. L. 2018, p. 689, § 3-2/HB 751; Ga. L. 2019, p. 224, § 2/SB 207; Ga. L. 2019, p. 311, § 1/HB 392; Ga. L. 2019, p. 919, § 2-3/HB 553.)
The 2015 amendment, effective July 1, 2015, added paragraph (a)(2.1).
The 2016 amendment, effective July 1, 2016, substituted "Reserved" for "State Transportation Board" in paragraph (a)(6) and added subsection (a.1).
The 2018 amendment, effective January 1, 2019, substituted the present provisions of paragraph (a)(6) for the former provisions, which read: "Reserved." See Editor's notes for applicability.
The 2019 amendments. The first 2019 amendment, effective July 1, 2019, substituted "Georgia Board of Health Care Workforce" for "Georgia Board for Physician Workforce" in paragraph (a)(11). The second 2019 amendment, effective July 1, 2019, added paragraph (a)(2.2). The third 2019 amendment, effective July 1, 2019, deleted former paragraph (a)(15), which read: "Georgia Tobacco Community Development Board;"; redesignated former paragraphs (a)(16) and (a)(17) as present paragraphs (a)(15) and (a)(16), respectively; added "and" at the end of paragraph (a)(15); deleted "; and" at the end of paragraph (a)(16); and deleted former paragraph (a)(18), which read: "The delegation from the State of Georgia to the Southern Dairy Compact Commission".
Cross references.- Expense allowance authorized for delegation to the Southern Dairy Compact Commission, § 2-20-1.
Daily expense allowance authorized for members of General Assembly, § 45-7-4(a)(22).
Legal mileage allowance, § 50-19-7.
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1999, in subsection (a), paragraph (16) as enacted by Ga. L. 1999, p. 1249, § 2, was redesignated as paragraph (17), "and" was deleted from the end of paragraph (15), and "; and" was substituted for a period at the end of paragraph (16).
Editor's notes.- Resolution Act No. 48 (Senate Resolution No. 101), approved April 19, 1979 (Ga. L. 1979, p. 1365), relating to the development, issuance, review, and revision of employee travel reimbursement policies by the Department of Audits and the Office of Planning and Budget, was repealed by Ga. L. 2005, p. 694, § 41.
Ga. L. 1989, p. 1641, § 18, not codified by the General Assembly provides that: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."
Ga. L. 2018, p. 689, § 4-1/HB 751, not codified by the General Assembly, provides that: "(b) The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved."
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 1 (1999).
JUDICIAL DECISIONS
Purpose of Ga. L. 1978, p. 4, §§ 1 and 4 (see now O.C.G.A. §§ 45-7-3 and45-7-21) is to set limitations on current earnings and expenses of those in high governmental office and not to penalize those who assume such office by requiring forfeiture of previously accrued payment obligation of the state. State v. O'Neal, 155 Ga. App. 870, 273 S.E.2d 631 (1980).
Applicability to officers already in office.
- During tenure as Commissioner of Department of Administrative Services, appellee was subject to limitations regarding compensation contained in Ga. L. 1978, p. 4, §§ 1 and 4 (see now O.C.G.A. §§ 45-7-3 and45-7-21), notwithstanding that the appellee assumed office several months prior to enactment of legislation governing compensation. State v. O'Neal, 155 Ga. App. 870, 273 S.E.2d 631 (1980).
OPINIONS OF THE ATTORNEY GENERAL
Provisions for per diem allowances to be read in pari materia.
- The statutory provision, Ga. L. 1955, p. 309, § 15 (see now O.C.G.A. § 12-6-3), for per diem subsistence allowances and mileage allowances to the Forestry Commission members does not refer to other specifically named commissions or boards, but says only that the per diem subsistence and mileage allowances shall not exceed those authorized by law for other commissions or boards; therefore, the Forestry Commission should set the allowable rate of daily subsistence allowance in accordance with Ga. L. 1973, p. 701, § 4 (see now O.C.G.A. § 45-7-21) and, in reading the applicable provisions in pari materia, the Forestry Commission is authorized to set the per diem subsistence allowance for members in such amount as it may choose, but not in excess of the amount specified in Ga. L. 1973, p. 701, § 4 for each day of actual attendance at meetings of the Forestry Commission. 1978 Op. Att'y Gen. No. 78-26.
State Transportation Board.
- Members of the State Transportation Board of Georgia are entitled to receive, as the daily expense allowance allocated them by O.C.G.A. § 45-7-21, their actual expenses for attendance at meetings which are held out-of-state. 1994 Op. Att'y Gen. No. 94-24.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, § 287 et seq.
C.J.S.- 67 C.J.S., Officers and Public Employees, §§ 386, 388.
ALR.
- Power of administrative officer or board in respect of compensation of public officer or employee under a statute fixing maximum or minimum compensation, 70 A.L.R. 1050.
Constitutional provision fixing or limiting salary of public officer as precluding allowance for expenses or disbursements, 5 A.L.R.2d 1182.