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2007 PBA of Georgia Legislative Update
The First Session of the 2007-08 Legislative Term began on January 8,
2007 and adjourned at the end of the 40th legislative day on April 20,
2007.The Governor vetoed the FY-2007 Supplemental Budget as passed by
the House and Senate and a special session will likely be called unless
some compromise is legal and achievable. Those bills (including the
FY-2008 Budget) passed by the House and Senate and are now awaiting
action by the Governor. He has two courses of action to take within 40
days of adjournment: approve the legislation by signing it into law or
veto the legislation. If the Governor does nothing in this time-frame,
the legislation automatically becomes law.
If you discuss any of our legislative issues with a state senator or
representative, please let me know who you talked to and what they said
by email at jstiles@sspba.org. Thank you.
PBA of Georgia Legislative Agenda
State Law Enforcement Officers Pay. The House and Senate approved a
$5,000,000 pay package for the Department of Public Safety over and
above the 3% across the board raises approved for all state employees in
the FY-2008 Budget. The bulk of this money is anticipated to impact the
pay raises of the Uniform Division of DPS (including the retroactive pay
raises for SFC and Lieutenants in GSP that were left out of this year’s
pay raises), MCCD officers pay increases are slated to be implemented
with mostly federal dollars, and Capitol Police will see some type of
additional raise also. Unfortunately legislators are proposing a
multi-year phase-in plan for all remaining state law enforcement
agencies over the next three years. Any implementation plans beyond
FY-2008 are a concern, especially those beyond FY-2009. It is
recommended that you continue to ask your state representative
(especially those on the House Appropriations Committee) to support a
pay raise plan that is in line with the results of the House Study
Committee on Law Enforcement Salaries and Benefits with full
implementation of the remaining departments in the FY-2008 Supplemental
or FY-2009 Budgets!
HB 16 is a bill by Rep. Rich Golick that would make Georgia’s current
Whistleblower Law OCGA 45-1-4 applicable to city and county employees.
Passed out of the House March 19, 2007. Passed out of the Senate on
April 19, 2007. Sent to the Governor on April 27, 2007.
HB 669 is a bill by Rep. Mark Williams that amends OCGA 35-8-1 to allow
the president of the Police Benevolent Association of Georgia or his
designee to serve as a voting member of POST Council. Pending in the
House Public Safety & Homeland Security Committee and subject to a
hearing next year. Please ask your state representative to support this
legislation.
SB 167 is a bill by Sen. Michael Meyer von Bremen that creates a code
section OCGA 45-18-21 establishing a State Health Benefit Plan Advisory
Committee to be composed of current or retired state employees and
teachers who are members of the state health benefit plan. Five members
each are to be appointed by the Governor, Lieutenant Governor, and
Speaker of the House. The advisory committee is to be involved in all
policy making activities related to the health benefit plan. Pending in
the Senate Insurance & Labor Committee and subject to a hearing next
year. Please ask your state senator to support this legislation.
Other Bills of Interest
HB 6 is a bill by Rep. Bobby Franklin that would prohibit the governor
from restricting the lawful transportation, possession, etc of a firearm
by law-abiding citizens during a declared emergency under OCGA 38-3-51.
It adds a new section to OCGA 16-11-135 that protects lawful possession,
transportation, and storage of lawful firearms under current Georgia and
federal law by law-abiding citizens. It does not apply to criminal
investigations. The intent is to prevent what happened in New Orleans.
Recommitted to the House Judiciary Non-Civil Committee on April 20,
2007.
HB 48 is a bill by Rep. Jill Chambers that would amend OCGA 45-9-81 to
allow recruits in basic mandate training and sworn officers working for
an Authority (ie, MARTA, World Congress Center, etc.) to be eligible for
the State Indemnification Fund benefits. Passed the Senate and House on
April 20, 2007 by adoption of Conference Committee report on April 20,
2007. Sent to the Governor of April 30, 2007.
HB 89 is a bill by Rep. Timothy Bearden that removes the restrictions
under OCGA 16-11-126 so an individual with a carry permit or otherwise
lawfully eligible for a carry permit may transport and store a firearm
anywhere in a privately owned motor vehicle. Passed out of the House on
February 12, 2007. Recommitted to Senate Judiciary Committee April 20,
2007.
HB 99 is a bill by Rep. Burke Day that claries the "line-of-duty"
definition under OCGA 48-5-48.4 as it relates to the homestead exemption
for the un-remarried spouse of a public safety officer killed in the
line of duty. Pending in House Ways and Means Committee.
HB 106 is a bill by Rep. Ben Bridges that clarifies the language in OCGA
47-17-80 that deals with an improved method of calculation to be used by
the POAB under retirement options two and three. Passed out of the House
of Representatives on February 13, 2007. Passed out of the Senate on
March 28, 2007. Sent to the Governor April 27, 2007.
HB 143 is a bill by Rep. Tom Graves that would under OCGA 16-11-135 keep
employers from prohibiting employees from transporting and storing a
firearm in a privately owned motor vehicle except in certain specific
situations, i.e., correctional facilities, where prohibited by state or
federal law, etc. Pending in House Judiciary Non-Civil Committee.
HB 150 is a bill by Rep. Chuck Sims that would amend OCGA 47-2-223 to
allow certain sworn members of GSP, GBI, and DNR to retire at age 55
with at least 10 years of service or with 25 years of service and no age
requirement at a 3% multiplier beginning July 1, 2012 and with graduated
incremental increases prior to that date. This would require an addition
2% employee contribution and current employees would have to take an
affirmative action to opt in. This is a two year bill and may be sent
for actuarial study this summer and would be subject to a possible vote
next year. Pending in House Retirement Committee.
HB 209 is a bill by Rep. Carl Rogers that would amend OCGA 47-2-225 to
allow GBI agents to claim and pay for the full actuarial cost of prior
service years as a narcotics agent for purposes of retirement. This bill
has no fiscal impact on the state and would be extremely expensive for
the employee. Pending in House Retirement Committee.
HB 213 is a bill by Rep. Ben Bridges that would repeal OCGA 45-18-37
that deals with a special pay plan for deferred compensation for certain
state employees. Passed out of the House on February 10, 2007. Passed
out of the Senate on March 28, 2007. Sent to the Governor April 27,
2007.
HB 255 is a bill by Rep. Ben Bridges that would amend OCGA 47-1-20 to
further restrict public employees convicted of certain crimes from
drawing a pension or other similar retirement benefits from that public
employer. Recommitted to the House Retirement Committee on April 20,
2007.
HB 257 is a bill by Rep. John Yates that would amend OCGA 16-11-127 as
it relates to carrying a firearm in public gatherings and buildings to
allow county constables. Recommitted to the House Judiciary Non-civil
Committee on April 20, 2007.
HB 318 is a bill by Rep. Tommy Benton that would amend OCGA 47-20-83 &
84 to allow the State Employees Retirement System to invest in real
estate and commit up to 20% of funds in foreign investments. Passed out
of the House on March 20, 2007. Passed out of the Senate on April 19,
2007. Sent to the Governor April 30, 2007.
HB 323 is a bill by Rep. Ron Stephens that would amend OCGA 47-17-1 to
allow certain individuals in the Georgia Drugs and Narcotics Agency to
be eligible for membership in the POAB. Pending in the House Retirement
Committee.
HB 373 is a bill by Rep. Ben Bridges that would amend OCGA 47-2-223 to
allow certain members of the uniform division of the Department of
Public Safety to retire, come back to work after 30 days, and still draw
retirement. No additional retirement benefits may accrue under this
plan, which is similar to a plan approved for teachers several years
ago. Pending in the House Retirement Committee.
HB 379 is a bill by Rep. Brooks Coleman that would add a new code
section OCGA 47-2-101 that allows individuals who were a member of the
Georgia Defined Contribution Plan immediately prior to membership in the
State Employees Retirement System to apply for a transfer of any
applicable creditable service to the State Employees Retirement System
upon paying the full actuarial cost. Pending in the House Retirement
Committee.
HB 639 is a bill by Rep. Chuck Sims that would amend OCGA 47-2-223 to
allow certain sworn members of Pardons and Parole to retire at age 55
with at least 10 years of service or with 25 years of service and no age
requirement at a 3% multiplier beginning July 1, 2012 and with graduated
incremental increases prior to that date. This would require an addition
2% employee contribution and current employees would have to take an
affirmative action to opt in. This is a two year bill and may be sent
for actuarial study this summer and would be subject to a possible vote
next year. Pending in the House Retirement Committee.
HB 732 is a bill by Rep. Ron Stephens that would amend OCGA 47-17-1 to
allow investigators of the Composite State Board of Medical Examiners to
participate in the Peace Officers’ Annuity and Benefit Fund. Pending in
the House Retirement Committee.
HR 30 is a bill by Rep. Tyrone Brooks that would require voter approval
of a state constitutional amendment to allow retired officers who were
denied membership in the POAB prior to January 1, 1976 because of racial
discrimination to apply for retirement benefits retroactively. Pending
in the House Retirement Committee.
SB 21 is a bill by Sen. John Douglas that would amend OCGA 16-5-1 to
make murder of a public safety officer punishable by death or life
without parole only. Pending in the Senate Judiciary Committee.
SB 36 is a bill by Sen. Regina Thomas that amends OCGA 35-8-6 to provide
salary guidelines for POST investigators. Pending in the Senate
Appropriations Committee.
SB 43 is a bill by Sen. Chip Rogers that amends OCGA 16-11-135 to keep
employers from prohibiting employees from transporting or storing a
firearms in a personally owned locked motor vehicle except in certain
specific cases, i.e., a correctional facility, when prohibited by state
or federal law, etc. Recommitted to the Senate Judiciary Committee on
April 20, 2007.
SB 79 is a bill by Sen. Bill Hamrick that amends OCGA 16-4-6 to increase
the punishment for a criminal attempt to commit a crime punishable by
death or life imprisonment from a maximum of 10 years to 30 years
imprisonment. Passed out of the Senate on February 20, 2007. Passed out
of the House April 17, 2007. Sent to the Governor April 26, 2007.
SB 80 is a bill by Sen. Judson Hill that adds a new code section OCGA
47-20-87 to allow the State Employees Retirement System to invest in
"certain types of alternative investments" and amends OCGA 47-1-14 and
50-18-72 to make these NOT subject to open records. This looks highly
suspicious on the surface! Passed out of the Senate March 20, 2007.
Pending in the House Retirement Committee.
SB 86 is a bill by Sen. Don Thomas that amends OCGA 40-8-76.1 to mandate
seat belt use for pick up trucks. Favorably reported out of Senate
Public Safety & Homeland Security Committee on February 14, 2007. Passed
out of the Senate on March 1, 2007. Pending in the House Agriculture and
Consumer Affairs Committee.
SB 91 is a bill by Sen. Chip Pearson that amends OCGA 40-6-395 to make
fleeing or eluding an officer a felony. Passed out of the Senate on
March 1, 2007. Pending in the House Judiciary Non-Civil Committee.
SB 127 is a bill by Sen. Michael Meyer von Bremen that amends OCGA
47-2-223 to allow certain sworn members of GSP, GBI, and DNR to retire
at age 55 with at least 10 years of service or with no age requirement
with at least 25 years of service with a 3% multiplier. It would require
an additional 2% employee contribution and have a 85% maximum accrual.
Pending in the Senate Retirement Committee.
SB 161 is a bill by Sen. Bill Heath that amends OCGA 47-2-125. It would
eliminate the required medical exam from taking place at the disability
beneficiary’s place of residence. It also adds a new sub-section for
those who become eligible for a disability retirement after July 1, 2007
to be paid at a rate equal to the workers compensation benefit for that
disability. Passed out of the Senate on March 19, 2007. Pending in the
House Retirement Committee.
SB 162 is a bill by Sen. Bill Heath that amends 47-2-123 to clarifies
the allowance payable for those members of the Employees Retirement
System on June 30, 2007 as it relates to death, disability, and
involuntary separation and creates new guidelines for those who become
members on or after July 1, 2007. Passed out of the Senate on March 19,
2007. Passed out of the House on April 20, 2007. Sent to the Governor
April 30, 2007.
SB 174 is a bill by Sen. Johnny Grant that creates new code sections
OCGA 45-2-60 thru 45-2-62. Under this bill a panel of five doctors will
establish medical and physical fitness standards for certain state
employees. Passed the Senate on March 20, 2007. Pending in the House
Government Affairs Committee.
SB 212 is a bill by Sen. Don Balfour that amends OCGA 50-18-72 to allow
media access under the open records law in certain circumstances that
were previously prohibited. Passed out of the Senate on March 20, 2007.
Passed out of the House on April 20, 2007. Sent to the Governor April
30, 2007.
SB 230 is a bill by Sen. Jeff Mullis that amends OCGA 45-20-1 thru
45-20-111 in what appears to be a house-keeping bill that solidifies the
death of the Merit System and the lack of employment rights for
unclassified employees of the state. Pending in the Senate Insurance and
Labor Committee.
SB 235 is a bill by Sen. Johnny Grant that amends OCGA 42-5-35 to allow
a certified officer leaving DOC after 25 years of honorable service to
retain their department issued badge. With a disability there is no
service year requirement. Passed out of the Senate on March 27, 2007.
Passed out of the House on April 16, 2007. Sent to the Governor April
30, 2007.
SB 254 is a bill by Sen. Johnny Grant that amends OCGA 45-9-81 thru
45-9-105. It is largely a housekeeping bill of the State Indemnification
Fund that proposes to make several good changes, most notably it raises
the line of duty indemnification to $100,000 in monthly payments over a
five year period. Passed out of Senate on March 27, 2007. Pending in the
House Judiciary Committee.
SB 265 is a bill by Sen. John Wiles that amends 45-20-1 thru 45-20-111.
It is a housekeeping bill that further reinforces the demise of the old
merit system and spells out in no uncertain terms that employees of the
state hired after July 1, 1996 are “employees at will” with no appeal
rights. Pending in the Senate Insurance and Labor Committee.
To find any state legislation go to http://www.legis.ga.gov/legis/2007_08/
To find your state elected officials copy and paste the following to
your web browser:
http://www.capwiz.com/benevolent/state/main/state=GA&view=myofficials
Joe Stiles
Executive Director
PBA of Georgia
800-233-3506 ext. 784
jstiles@sspba.org
www.pbaga.org
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