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HB 100 - General appropriations; FY 1999-2000

Coleman, Terry L (142nd)	Murphy, Thomas B (18th)	Walker, Larry (141st)
Buck, III, Thomas B (135th)	Smith, Paul E (12th)	Greene, Gerald E (158th)

Status Summary	HC:	App	SC:	App	FR:	01/14/99	LA:	05/03/99	Signed by Governor

First Reader Summary

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000; and for other purposes.

Code Sections - 7-1-31/ 38-4-7/ 42-2-6/ 42-9-5/ 48-2-2/ 50-5-1

HB 100                                              HB 100/AP 
 
      H. B. No. 100 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Coleman of the 142nd, Murphy of the 
      18th, Walker of the 141st, Buck of the 135th, Smith of the 
      12th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 2 of Article 1 of Chapter 1 of Title 7 of the 
  1- 2  Official Code of Georgia Annotated, relating to the 
  1- 3  organization and personnel of the Department of Banking and 
  1- 4  Finance, so as to provide that the salary of the 
  1- 5  commissioner of banking and finance shall be set by the 
  1- 6  Governor; to amend Article 1 of Chapter 4 of Title 38 of the 
  1- 7  Official Code of Georgia Annotated, relating to the 
  1- 8  Department of Veterans Service, so as to provide that the 
  1- 9  salary of the commissioner of veterans service shall be set 
  1-10  by the Governor with additional compensation to come from 
  1-11  the United States government; to amend Title 42 of the 
  1-12  Official Code of Georgia Annotated, relating to penal 
  1-13  institutions, so as to provide that the salaries of the 
  1-14  commissioner of corrections and the members of the board of 
  1-15  pardons and paroles shall be set by the Governor; to amend 
  1-16  Code Section 45-7-4, relating to the compensation of certain 
  1-17  state officials, so as to change provisions relating to the 
  1-18  compensation of certain such officials; to amend Article 1 
  1-19  of Chapter 2 of Title 48 of the Official Code of Georgia 
  1-20  Annotated, relating to the state administrative organization 
  1-21  of the Department of Revenue, so as to provide that the 
  1-22  salary of the state revenue commissioner shall be set by the 
  1-23  Governor; to amend Article 1 of Chapter 5 of Title 50 of the 
  1-24  Official Code of Georgia Annotated, relating to general 
  1-25  provisions governing the Department of Administrative 
  1-26  Services, so as to provide that the salary of the 
  1-27  commissioner of administrative services shall be set by the 
  1-28  Governor; to provide that certain increases shall be 
  1-29  cumulative; to provide for related matters; to provide an 
  1-30  effective date; to repeal conflicting laws; and for other 
  1-31  purposes. 
 
  1-32       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-33                           SECTION 1. 
 
  1-34  Part 2 of Article 1 of Chapter 1 of Title 7 of the Official 
  1-35  Code of Georgia Annotated, relating to the organization and 
 
 
 
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  2- 1  personnel of the Department of Banking and Finance, is 
  2- 2  amended by striking Code Section 7-1-31, relating to the 
  2- 3  position and term of the commissioner, and inserting in lieu 
  2- 4  thereof a new Code section to read as follows: 
 
  2- 5    "7-1-31. 
 
  2- 6    (a) The head of the department shall be the commissioner 
  2- 7    who shall exercise supervision and control over all 
  2- 8    divisions and employees of the department. 
 
  2- 9    (b) The commissioner shall be appointed by the Governor, 
  2-10    by and with the advice and consent of the Senate, for a 
  2-11    four-year term. The initial term of the commissioner shall 
  2-12    terminate on January 20, 1976. Each succeeding term of 
  2-13    office shall be for four years commencing on the 
  2-14    expiration date of the previous term.  Beginning July 1, 
  2-15    1999, the salary of the commissioner shall be set by the 
  2-16    Governor." 
 
  2-17                           SECTION 2. 
 
  2-18  Article 1 of Chapter 4 of Title 38 of the Official Code of 
  2-19  Georgia Annotated, relating to the Department of Veterans 
  2-20  Service, is amended by striking Code Section 38-4-7, 
  2-21  relating to the compensation and duties of the commissioner 
  2-22  of veterans service, and inserting in lieu thereof a new 
  2-23  Code section to read as follows: 
 
  2-24    "38-4-7. 
 
  2-25    (a) The commissioner shall be compensated as provided in 
  2-26    Code Section 45-7-4. The compensation Beginning July 1, 
  2-27    1999, the salary of the commissioner shall be set by the 
  2-28    Governor and shall be paid in semimonthly installments. 
  2-29    Such salary shall include any compensation received from 
  2-30    the United States government and the amount of state funds 
  2-31    paid shall be reduced by the amount of compensation 
  2-32    received from the United States government. 
 
  2-33    (b) The commissioner, as executive and administrative 
  2-34    officer of the Department of Veterans Service and the 
  2-35    board, shall be in charge of the administration of all 
  2-36    matters pertaining to veterans' affairs under this article 
  2-37    and in conformity with rules and regulations of the board. 
 
  2-38    (c) It shall be the duty of the commissioner: 
 
  2-39      (1) To effectuate and carry out the laws of the state 
  2-40      pertaining to veterans and to perform the duties 
 
 
 
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  3- 1      required of him or her by law and by regulation of the 
  3- 2      board; 
 
  3- 3      (2) To furnish information to all veterans of all wars 
  3- 4      in which the United States has engaged as to their 
  3- 5      rights and benefits under federal legislation, state 
  3- 6      legislation, or local ordinances; 
 
  3- 7      (3) To assist all veterans, their dependents, and 
  3- 8      beneficiaries in the preparation and prosecution of 
  3- 9      claims before appropriate federal governmental 
  3-10      departments; 
 
  3-11      (4) To report any evidence of incompetency, dishonesty, 
  3-12      or neglect of duty on the part of any employee of a 
  3-13      governmental agency dealing with veterans' affairs to 
  3-14      the proper authority; and 
 
  3-15      (5) Generally to do and perform all things for the 
  3-16      promotion of, in the interest of, and for the protection 
  3-17      of the veterans of this state as to their rights under 
  3-18      all federal and state laws." 
 
  3-19                           SECTION 3. 
 
  3-20  Title 42 of the Official Code of Georgia Annotated, relating 
  3-21  to penal institutions, is amended by striking Code Section 
  3-22  42-2-6, relating to the duties and compensation of the 
  3-23  commissioner of corrections, and inserting in lieu thereof a 
  3-24  new Code section to read as follows: 
 
  3-25    "42-2-6. 
 
  3-26    (a) There is created the position of commissioner of 
  3-27    corrections. The commissioner shall be the chief 
  3-28    administrative officer of the department. Subject to the 
  3-29    general policy established by the board, the commissioner 
  3-30    shall supervise, direct, account for, organize, plan, 
  3-31    administer, and execute the functions vested in the 
  3-32    department by this title. 
 
  3-33    (b) The commissioner shall be appointed by and shall serve 
  3-34    at the pleasure of the board. The salary, Beginning July 
  3-35    1, 1999, the salary of the commissioner shall be set by 
  3-36    the Governor and the expenses, and allowances of the 
  3-37    commissioner shall be as set by statute." 
 
  3-38                           SECTION 4. 
 
  3-39  Said title is further amended by striking Code Section 
  3-40  42-9-5, relating to the compensation of the members of the 
 
 
 
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  4- 1  board of pardons and paroles, and inserting in lieu thereof 
  4- 2  a new Code section to read as follows: 
 
  4- 3    "42-9-5. 
 
  4- 4    The members of the board shall devote their full time to 
  4- 5    the duties of their office. Beginning July 1, 1999, the 
  4- 6    salaries of the members of the board shall be set by the 
  4- 7    Governor and their The salaries, travel expenses, and 
  4- 8    costs of lodging and meals of the members of the board 
  4- 9    shall be paid as provided in Code Sections 45-7-4 and 
  4-10    Section 45-7-20." 
 
  4-11                           SECTION 5. 
 
  4-12  Code Section 45-7-4 of the Official Code of Georgia 
  4-13  Annotated, relating to compensation of certain state 
  4-14  officials, is amended by striking paragraphs (4) through 
  4-15  (21) of subsection (a) and inserting in place thereof new 
  4-16  paragraphs (4) through (21) to read as follows: 
 
  4-17      "(4) Commissioner of Agriculture.   67,756.00 100,429.00 
 
  4-18      (5) Attorney General, effective January 1, 
  4-19      1995.............................   90,000.00 114,633.00 
 
  4-20      (6) State auditor................   67,236.00  99,608.00 
 
  4-21      (7) Commissioner of Insurance....   67,744.00 100,396.00 
 
  4-22      (8) Reserved. Commissioner of corrections...   65,677.00 
 
  4-23      (9) Commissioner of Labor........   67,756.00 100,418.00 
 
  4-24      The above amount of salary for the 
  4-25      Commissioner of Labor shall include any 
  4-26      compensation received from the United 
  4-27      States government and the amount of state 
  4-28      funds paid shall be reduced by the amount 
  4-29      of compensation received from the United 
  4-30      States government. 
 
  4-31      (10) Reserved. Each member of the State 
  4-32      Board of Pardons and Paroles................   65,157.00 
 
  4-33      (11) Each member of the Public Service 
  4-34      Commission.......................   65,190.00  96,655.00 
 
  4-35      (12) Reserved. State revenue commissioner...   66,437.00 
 
  4-36      (13) State School Superintendent.   69,315.00 102,708.00 
 
  4-37      (14) Secretary of State.........   67,756.00  102,708.00 
 
 
 
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  5- 1      (15) Reserved. Commissioner of veterans 
  5- 2      service.....................................   67,363.00 
 
  5- 3      The above amount of salary for the 
  5- 4      commissioner of veterans service shall 
  5- 5      include any compensation received from the 
  5- 6      United States government and the amount of 
  5- 7      state funds paid shall be reduced by the 
  5- 8      amount of compensation received from the 
  5- 9      United States government. 
 
  5-10      (16) Reserved. Commissioner of banking and 
  5-11      finance.....................................   65,678.00 
 
  5-12      (17) Reserved. Commissioner of 
  5-13      administrative services.....................   65,676.00 
 
  5-14      (18) Each Justice of the Supreme 
  5-15      Court............................  105,249.00 139,418.00 
 
  5-16      (19) Each Judge of the Court of 
  5-17      Appeals..........................  104,582.00 138,556.00 
 
  5-18      (20) Each superior court judge...   75,544.00  99,862.00 
 
  5-19      Each superior court judge shall also 
  5-20      receive any supplement paid to such judge 
  5-21      by the county or counties of such judge's 
  5-22      judicial circuit as may be provided for by 
  5-23      law.  Each superior court judge shall also 
  5-24      receive reimbursement of travel expenses 
  5-25      as provided by law. 
 
  5-26      (21) Each district attorney......   67,281.00  88,635.00 
 
  5-27      Each district attorney shall also receive 
  5-28      any supplement paid to such district 
  5-29      attorney by the county or counties of such 
  5-30      district attorney's judicial circuit as 
  5-31      may be provided for by law.  Each district 
  5-32      attorney shall also receive reimbursement 
  5-33      of travel expenses as provided by law." 
 
  5-34                           SECTION 6. 
 
  5-35  Said Code section is further amended by striking the 
  5-36  introductory language and first subparagraph of paragraph 
  5-37  (22) of subsection (a) and inserting in lieu thereof the 
  5-38  following: 
 
  5-39      "(22) Each member of the General 
  5-40      Assembly.........................   10,000.00  16,200.00 
 
 
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  6- 1        (A) When employees of the executive, 
  6- 2        judicial, and legislative branches of 
  6- 3        government receive a cost-of-living 
  6- 4        increase of a certain percentage, the 
  6- 5        members of the General Assembly shall 
  6- 6        receive a cost-of-living increase of 
  6- 7        one-half the percentage applicable to 
  6- 8        such state employees Reserved." 
 
  6- 9                           SECTION 7. 
 
  6-10  Said Code section is further amended by striking subsection 
  6-11  (b) and inserting in its place a new subsection to read as 
  6-12  follows: 
 
  6-13    "(b) As a cost-of-living adjustment except as qualified 
  6-14    below as to members and member-officers of the General 
  6-15    Assembly, the annual salary of each state official whose 
  6-16    salary is established by Code Section 45-7-3, this Code 
  6-17    section, and Code Sections 45-7-20 and 45-7-21, other than 
  6-18    including members of the General Assembly, the Speaker of 
  6-19    the House of Representatives, the President Pro Tempore of 
  6-20    the Senate, and the Speaker Pro Tempore of the House of 
  6-21    Representatives, may be increased by the General Assembly 
  6-22    in the General Appropriations Act by a percentage not to 
  6-23    exceed the average percentage of the general increase in 
  6-24    salary as may from time to time be granted to employees 
  6-25    who are in the classified service of the state merit 
  6-26    system of the executive, judicial, and legislative 
  6-27    branches of government.  However, any increase for such 
  6-28    officials shall not include within-grade step increases 
  6-29    for which classified employees of the state merit system 
  6-30    are eligible.  Any increase granted pursuant to this 
  6-31    subsection shall become effective at the same time that 
  6-32    funds are made available for the increase for such 
  6-33    employees, except increases for members and 
  6-34    member-officers of the General Assembly.  That portion of 
  6-35    the increase determined by the Legislative Services 
  6-36    Committee to reflect a cost-of-living increase based upon 
  6-37    objective economic criteria shall become effective for 
  6-38    members and member-officers at the same time that funds 
  6-39    are made available for the increase for such employees. 
  6-40    The balance of the increase for members and 
  6-41    member-officers of the General Assembly shall become 
  6-42    effective on the convening of the next General Assembly in 
  6-43    January of the next odd-numbered year.  The Office of 
 
 
 
 
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  7- 1    Planning and Budget shall calculate the average percentage 
  7- 2    increase." 
 
  7- 3                           SECTION 8. 
 
  7- 4  Article 1 of Chapter 2 of Title 48 of the Official Code of 
  7- 5  Georgia Annotated, relating to the state administrative 
  7- 6  organization of the Department of Revenue, is amended by 
  7- 7  striking Code Section 48-2-2, relating to the office of the 
  7- 8  state revenue commissioner, and inserting in lieu thereof a 
  7- 9  new Code section to read as follows: 
 
  7-10    "48-2-2. 
 
  7-11    (a) The office of state revenue commissioner is created. 
 
  7-12    (b) The commissioner shall be appointed by the Governor 
  7-13    with the consent of the Senate and shall serve at the 
  7-14    pleasure of the Governor. 
 
  7-15    (c) The Beginning July 1, 1999, the commissioner shall 
  7-16    receive an annual salary as provided by law to be set by 
  7-17    the Governor, payable monthly or semimonthly, which shall 
  7-18    be his or her total compensation for services as 
  7-19    commissioner. The commissioner shall not be entitled to 
  7-20    receive a contingent expense allowance, except that the 
  7-21    commissioner shall be reimbursed for all actual and 
  7-22    necessary expenses incurred by him or her in carrying out 
  7-23    his or her official duties. 
 
  7-24    (d) The commissioner shall be required to take and 
  7-25    subscribe before the Governor an oath to discharge 
  7-26    faithfully and impartially the duties of his such office, 
  7-27    which oath shall be in addition to the oath required of 
  7-28    all civil officers. 
 
  7-29    (e) The commissioner shall be personally liable to the 
  7-30    state for any losses occasioned to it by his or her own 
  7-31    intentional acts of misconduct.  To indemnify the state 
  7-32    for any such losses, the commissioner, upon beginning his 
  7-33    or her duties, shall execute and file with the Governor an 
  7-34    official surety bond approved as to form and sufficiency 
  7-35    by the Attorney General in the amount of $100,000.00.  The 
  7-36    premium on the commissioner's bond shall be paid as an 
  7-37    expense of the department." 
 
  7-38                           SECTION 9. 
 
  7-39  Article 1 of Chapter 5 of Title 50 of the Official Code of 
  7-40  Georgia Annotated, relating to general provisions governing 
  7-41  the Department of Administrative Services, is amended by 
 
 
                                 -7- 
 
 
 
  8- 1  striking Code Section 50-5-1, relating to the creation of 
  8- 2  the department and the appointment of a commissioner, and 
  8- 3  inserting in lieu thereof a new Code section to read as 
  8- 4  follows: 
 
  8- 5    "50-5-1. 
 
  8- 6    There is created a Department of Administrative Services. 
  8- 7    The department head is the commissioner. The commissioner 
  8- 8    shall be appointed by the Governor by and with the advice 
  8- 9    and consent of the Senate. The commissioner shall serve at 
  8-10    the pleasure of the Governor and shall receive a salary to 
  8-11    be set by the Governor." 
 
  8-12                          SECTION 10. 
 
  8-13  If the appropriations Act for the fiscal year beginning July 
  8-14  1, 1999, and ending June 30, 2000, provides a percentage 
  8-15  increase in salary for the officials affected by this Act, 
  8-16  as authorized in subsection (b) of Code Section 45-7-4, such 
  8-17  percentage increase shall be cumulative and in addition to 
  8-18  the increases provided under Section 5 of this Act. 
 
  8-19                          SECTION 11. 
 
  8-20  This Act shall become effective on July 1, 1999, except that 
  8-21  Sections 6 and 7 of this Act shall become effective on the 
  8-22  convening date of the 2001 session of the General Assembly 
  8-23  of Georgia. 
 
  8-24                          SECTION 12. 
 
  8-25  All laws and parts of laws in conflict with this Act are 
  8-26  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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