2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 7 - Salaries and Fees
Article 2 - Reimbursement of Expenses
§ 45-7-21. Expense Allowance and Travel Cost Reimbursement for Members of Certain Boards and Commissions

1. Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:
   1. State Board of Education;
   2. Board of Regents of the University System of Georgia;

      (2.1) Board of Community Supervision;

      (2.2) Board of Public Safety;

   3. Board of Corrections;
   4. Board of Economic Development;
   5. Board of Natural Resources;
   6. Georgia Emergency Communications Authority;
   7. Dental Education Board;
   8. Georgia Student Finance Commission;
   9. Veterans Service Board;
   10. Georgia Agricultural Exposition Authority;
   11. Georgia Board of Health Care Workforce;
   12. Georgia Music Hall of Fame Authority;
   13. Georgia Sports Hall of Fame Authority;
   14. Georgia Rail Passenger Authority;
   15. State Board of the Technical College System of Georgia; and
   16. Civil War Commission.
2. Whenever this Code section or any other law of this state provides that members of any board, commission, or other body shall receive the same daily expense allowance as members of the General Assembly, whether by specific reference to this Code section or any other law or by a more general reference, the members of such board, commission, or other body shall receive a daily expense allowance of $105.00. Such $105.00 amount shall apply for members of such boards, commissions, and other bodies, regardless of whether the amount actually received by members of the General Assembly under Code Section 28-1-8 is more or less than $105.00. The provisions of this subsection shall control over any conflicting provisions of any other earlier enacted law.

(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".

- 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.

- 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).

- 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."

- 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).

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).

- 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.

- 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.

- 67 C.J.S., Officers and Public Employees, §§ 386, 388.

- 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.