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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 Second Session began January 14, 2008 and will last for a
maximum of 40 legislative days. Bills may be carried over from the First
Session and they along with any new bills must pass both the House and
Senate on or before the 40th legislative day of the Second Session. To
find any state legislation go to http://www.legis.ga.gov/legis/2007_08/
If you discuss any of our legislative issues with a state senator or
representative, please let Joe Stiles know who you talked to and what
they said by email at jstiles@sspba.org. Thank you.
* Denotes changes since last report (020508).
PBA State Legislative Agenda Bills
State Law Enforcement Officers Pay and Benefits. 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 Governor vetoed the implementation
language and approved his plan. The Department of Corrections has
proposed a $14,000,000 pay package for corrections officers, including
increasing starting pay to $27,472 in the FY-2009 Budget. A 2½% pay
raise has been proposed for all state employees. However, the state is
proposing to increase the employee contribution by 7½% for the
traditional health care plans to encourage employees to opt into the new
“consumer driven health care plans.” Any pay package plans beyond
FY-2009 are a concern. 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 generally 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-2009 Budget!
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. Signed by the Governor on May 23, 2007. Effective July
01, 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. 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. Please ask your state senator to
support this legislation.
Other State 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.
Pending in the House Judiciary Non-Civil Committee. Note: Much of this
bill was incorporated in HB 89.
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 by
adoption of Conference Committee report on April 20, 2007. Vetoed by the
Governor on May 30, 2007.
HB 89 is a bill by Rep. Tim 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. Passed out of the Senate by committee substitute on
January 17, 2008. House agrees to Senate substitute as amended by the
House on January 31, 2008. Senate disagrees to House amendment to Senate
substitute on February 1, 2008. Assigned to Conference Committee. Note:
This bill incorporates language from HB 6, HB 143, HB 915, SB 43, and SB
339.
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. Signed by the Governor May 16, 2007. Effective July 01,
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. Note:
Much of this bill was incorporated into HB 89.
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. Favorably reported out of the House Retirement Committee
on February 6, 2008. Passed out of the House on February 11, 2008.
Pending in the Senate Retirement Committee.
HB 213 is a bill by Rep. Ben Bridges that would repeal OCGA 45-18-37
that deals with a 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. Signed by the Governor May 16, 2007.
Effective July 1, 2007.
*HB 255 is a bill by Rep. Ben Bridges that would amend OCGA 47-1-20 to
restrict public employees hired on or after July 1, 2008 and convicted
of certain felony crimes against their employer from drawing a pension
or other similar retirement benefits from that public employer.
Favorably reported out of the House Judiciary Non-Civil Committee on
February 20, 2008. Passed out of the House on February 28, 2008. Pending
in the Senate Retirement Committee.
*HB 257 is a bill by Rep. John Yates that would amend OCGA 16-11-127 to
allow constables to carry a firearm in public gatherings and buildings.
Favorably reported out of the House Judiciary Non-Civil Committee 0n
February 20, 2008. Passed out of the House floor on February 26, 2008.
Pending in the Senate Judiciary Committee.
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. Signed by the Governor May 14, 2007. Effective July 01, 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 members of the uniform division of the Department of Public Safety
to retire, come back to work after 12 months, 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. Favorably
reported out of the House Retirement Committee on February 20, 2008.
Passed out of the House on February 22, 2008.Pending in the Senate
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 prior to membership in the State
Employees Retirement System (ERS) to apply for a transfer of any
applicable creditable service to the ERS 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. Favorably reported out of the House
Retirement Committee on February 27, 2008.
HB 837 is a bill by Rep. Ben Bridges that amends OCGA 47-2-74 to require
new state employees hired after July 1, 2008 shall participate in a
state deferred compensation plan only. This plan will be known as the
Georgia State Employee Savings Plan, with the state matching up to but
not to exceeding 9%. Pending in the House Retirement Committee.
HB 841 is a bill by Rep. Ben Bridges that amends OCGA 47-2-74 to allow
for new state employees hired after July 1, 2008 to participate in a
deferred compensation plan and makes provision for up to a 1% pension
for each year of creditable service. Pending in the House Retirement
Committee.
HB 843 is a bill by Rep. Ben Bridges that amends OCGA 47-2-334 to allow
new state employees hired after July 1, 2008 to receive a monthly
pension, together with the annuity, for a total retirement allowance of
at least 1½%, but not more than 2%, as determined by the board of
trustees. Pending in the House Retirement Committee.
*HB 854 is a bill by Rep. John Lunsford that creates a new code section
OCGA 47-2-334 to require all labor organizations to file certain data
with the Secretary of State’s Office. Failed in the House Industrial
Relations Committee on February 27, 2008. Motion to reconsider pending.
HB 875 is a bill by Rep. Brooks Coleman that amends OCGA 47-2-334 to
remove confusing language in the ERS retirement calculations. Favorably
reported out of the House Retirement Committee on January 17, 2008.
Passed out of the House on January 30, 2008. Pending in the Senate
Retirement Committee.
HB 915 is a bill by Rep. Tim Bearden that would amend OCGA 16-11-129 to,
among other things, allow certain lawful individuals to transport a
loaded firearm conceal in any location of a private passenger motor
vehicle. It further clarifies the definition of a public gathering. The
bill is titled the “Second Amendment Protection Act of 2008. Pending in
the House Judiciary Non-Civil Committee. Note: Most of this bill was
incorporated into HB 89.
*HB 978 is a bill by Rep. James Mills that creates a new code section
OCGA 40-6-79 to allow the seizure of motor vehicles of drivers who are
in this country illegally and involved in a traffic accident. Favorably
reported out of the House Special Rules Committee on February 19, 2008.
Passed out of the House on February 28, 2008. Pending in Senate Public
Safety Committee.
*HB 983 is a bill by Rep. Doug Collins that creates a new code section
OCGA 35-1-15 to allow law enforcement officers from adjoining states to
arrest in this state when in “fresh” pursuit in certain criminal cases.
Favorably reported out of the House Judiciary Non-Civil Committee on
February 06, 2008. Passed out of the House on February 28, 2008. Pending
in the Senate Public Safety Committee.
HB 1071 is a bill by Rep. Chuck Sims that amends OCGA 16-10-33 to
include taser to the list of items which are unlawful to remove or
attempt to remove from a law enforcement officer. Pending in House
Judiciary Non-Civil Committee.
*HB 1086 is a bill by Rep. David Ralston that amends OCGA 15-12-7 to
eliminate the maximum daily compensation for bailiffs of state and
superior courts. Favorably reported out of the House Judiciary Non-Civil
Committee on February 22, 2008. Passed out of the House on February 26,
2008. Pending in the Senate Special Judiciary Committee.
HB 1118 is a bill by Rep. Carolyn Hugley that creates a new code section
OCGA 35-1-15 to define the rights of law enforcement officers who accuse
another officer of suspected criminal activity. Pending in the House
Judiciary Committee.
*HB 1122 is a bill by Rep. Pat Gardner that amends OCGA 16-11-173 to
allow counties and municipalities to set firearms restrictions in county
and city parks and recreation areas. Pending in the House Judiciary
Non-Civil Committee.
*HB 1232 is a bill by Rep. John Heard that amends OCGA 15-12-7 to set
the maximum daily compensation for bailiffs of state and superior courts
at $120.00. Pending in the House Judiciary Committee.
HR 30 is a resolution 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.
*HR 1214 is a resolution by Rep. Mike Keown that creates May 1, 2008 as
Georgia Correctional Officers Appreciation Day. Read and adopted by the
House on February 6, 2008.
*HR 1237 is a resolution by Rep. Burke Day to honor and commend the
Georgia State Patrol Criminal Interdiction Unit. Read and adopted by the
House on February 8, 2008.
*HR 1271 is a resolution by Rep. Pat Gardner that creates a Joint
Retirement System COLA Study Committee to study the needs, conditions,
issues, and problems of a mandatory annual 3% COLA for retirees of the
Employees Retirement System of Georgia and the Georgia Judiciary
Retirement System. Favorably reported out of the House Retirement
Committee on February 20, 2008.
*HR 1305 is a resolution by Rep. Tim Bearden that creates a House
Comprehensive Firearms Study Committee to study the needs, conditions,
issues, and problems of firearms laws in Georgia and the impact of these
laws on Georgia’s peaceable and law abiding citizens of Georgia. Pending
in the House Judiciary 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 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
firearm 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. Pending in the Senate Judiciary Committee. Note:
Much of this bill has been incorporated into HB 89.
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. Signed by the Governor May 24, 2007.
Effective July 1, 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 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 with an 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 language that the required medical exam take 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 shall be subject to a total net disability retirement
benefit less any earnable compensation including workers compensation.
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 clarify 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. Signed by the Governor and effective
May 11, 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 state employees.
Passed out of 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
clarify media access under the open records law in certain circumstances
that were not previously prohibited. Passed out of the Senate on March
20, 2007. Passed out of the House on April 20, 2007. Signed by the
Governor and effective May 11, 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 formalizes the
death of the Merit System and the lack of employment rights for
unclassified employees of the state. Favorably reported out of the
Senate Insurance and Labor Committee January 31, 2008. Passed out of the
Senate February 6, 2008. Pending in House Government Affairs 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. Signed by the Governor May
21, 2007. Effective July 01, 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. Favorably reported out of the Senate Insurance and
Labor Committee March 19, 2007. 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.
SB 327 is a bill by Sen. Bill Heath that creates a new OCGA 47-2-74 that
requires all new employees hired after June 30, 2008 to only participate
in a state deferred contribution plan with no right to participate in
the current state retirement plan. The state shall contribute up to 9%
of the employee’s salary to this plan. Pending in the Senate Retirement
Committee.
SB 328 is a bill by Sen. Bill Heath that creates a new OCGA 47-2-74 as
above and amends OCGA 47-2-334 to allow them to draw a 1% retirement
allowance for each year of credible service. Pending in the Senate
Retirement Committee.
SB 329 is a bill by Sen. Bill Heath that amends OCGA 47-2-334 to allow
the ERS board of trustees to set the pension of new state employees
hired on or after July 1, 2008 at an amount less than the current plan.
Pending in the Senate Retirement Committee.
SB 333 is a bill by Sen. Judson Hill that amends OCGA 47-2-334 to allow
certain narcotics agents hired by the GBI before July 1, 1982 to retire
with 34 years of service without regard to age. Pending in the Senate
Retirement Committee.
SB 339 is a bill by Sen. Judson Hill that revises subsection (o) of OCGA
12-3-10 to allow individuals with a valid carry permit to possess and
carry a firearm in a state park, historical site, or recreation area.
Pending in the Senate Judiciary Committee. Note: Much of this bill was
incorporated into HB 89.
*SB 373 is a bill by Sen. Jack Murphy that amends OCGA 35-8-7.1 by
creating a subsection (d) to allow the Executive Director of POST to
order an emergency suspension of certification of any officer arrested
or indicted for a felony, if it is determined to be in the best interest
of the public. Favorably reported out of the Senate Public Safety
Committee on February 7, 2008. Passed out of the Senate on February 19,
2008. Pending in the House Public Safety Committee.
*SB 377 is a bill by Sen. Jeff Mullis that amends OCGA 27-1-16 thru
27-1-25 and numerous other code sections that basically changes the job
title of conservation ranger to natural resources law enforcement
officer. Also identifies other positions to be included in the new job
title to include wildlife technicians, regional wildlife supervisors,
park managers, assistant park managers, park rangers, park enforcement
officers, and environmental criminal investigators. Pending in the
Senate Natural Resources and Environment Committee. Sponsor advises that
a study committee will be created instead (see SR 820).
*SB 403 is a bill by Sen. Steve Henson that creates a new code section
OCGA 34-7-7 mandating that a final paycheck be issued on or before the
next scheduled payday for the pay cycle upon termination of employment.
Favorably reported out of the Senate Insurance and Labor Committee on
February 20, 2008. Failed in a vote on the Senate floor. Motion to
reconsider resulted in the bill being re-committed to the Senate
Insurance and Labor Committee.
*SB 448 is a bill by Sen. Ed Harbison that amends OCGA 17-7-52 to
require law enforcement officers involved in the death of another while
performing their law enforcement duties shall be subject to cross
examination in any appearance in a grand jury. Pending in the Senate
Judiciary Committee.
*SB 502 is a bill by Sen. Johnny Grant that amends OCGA 42-9-9 to allow
parole officers that leave under honorable conditions with at least 20
years of service, disability, or death in the line of duty to retain
their department badge. Favorably reported out of the Senate State
Institutions and Property Committee on February 27, 2008.
*SR 819 is a resolution by Sen. Mitch Seabaugh that creates a Senate
Comprehensive Firearms Study Committee to examine Georgia’s firearms
laws generally and the impact of those laws on Georgia’s peaceable and
law abiding citizens. Favorably reported out of the Senate Judiciary
Committee on February 8, 2008. Adopted by the Senate on February 14,
2008.
*SR 820 is a resolution by Sen. Jeff Mullis that creates a Joint
Department of Natural Resources Law Enforcement Study Committee to
examine the needs, conditions, issues, and problems of law enforcement
functions in the Department of Natural Resources. Favorably reported out
of the Senate Natural Resources and Environment Committee on February
22, 2008.
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