2008 PBA of Georgia State Legislative Update
April 14, 2008

 

 
The First Session of the 2007-08 Georgia Legislative Term began on January 8, 2007 and adjourned on April 20, 2007. The Second Session began January 14, 2008 and adjourned on April 4, 2008. All bills that passed are submitted to the governor. The governor has 40 days to sign the legislation or veto it; otherwise the bill becomes law without his signature. None of the passed bills listed below are final at this point.

Every retirement bills with an additional financial impact on the state budget failed to pass and are not listed below. An examination of bills that passed on the final legislative day revealed just one attachment of interest (see HB 257 attachment to HB 89). However, others may have been slipped in.

The following summary of bills PBA supported or followed should be used for reference purposes only. To find the exact language and intent of any state legislation go to http://www.legis.ga.gov/legis/2007_08/


HB 89 is a bill by Rep. Tim Bearden amends OCGA 16-11-126 to allow an individual with a carry permit or otherwise lawfully eligible for a carry permit to transport and store a firearm anywhere in a motor vehicle. Also it creates a new OCGA 16-11-135 expanding where lawfully concealed weapons may be carried to include certain public and private properties. HB 257 was attached by conference committee. Passed. Pending action by Governor Perdue.

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. Failed. Died in the Senate Retirement Committee.

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 up to three times the value of the financial loss. Passed. Pending action by Governor Perdue.

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. Passed. Attached to HB 89.

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. Passed. Pending action by Governor Perdue.

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. Failed. Died in the House Public Safety & Homeland Security Committee.

HB 841 is a bill by Rep. Ben Bridges. A substitute for the original bill was introduced March 4, 2008 that amends Chapter 2 of Title 47 by creating a new Article 10. Under this bill new employees hired on or after January 1, 2009 would be required to participate in this plan and other current employees could elect to transfer to this plan. It requires the same 1.25% employee contribution as the current pension plan, but only allows a 1% retirement allowance for each year of credible service. Also employees could elect to contribute up to 5% to a 401k account and the state will match 100% for the first 1% and 50% for additional per cent to a maximum match of 3% by the state. Failed. Voted down by the House Retirement Committee on March 4, 2008.

HB 875 is a bill by Rep. Brooks Coleman that amends OCGA 47-2-334 to remove confusing language in the ERS retirement calculations. Failed. Died in the Senate Retirement 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. Passed. Pending action by Governor Perdue.

HB 990 is the FY-2009 Budget as approved by the House and the Senate. It includes a 2.5% pay raise for all state employees plus additional funds for performance pay increases and special pay adjustments to selected job classifications. The Department of Corrections and Parole Board budgets were approved for additional pay increases to cover recruitment, retention, and compression issues. Passed. Pending action by Governor Perdue.

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. Failed. Died in the Senate Rules 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. Passed. Pending action by Governor Perdue.

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. Failed. Died 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. Passed. Adopted by the House.

HR 1237 is a resolution by Rep. Burke Day to honor and commend the Georgia State Patrol Criminal Interdiction Unit. Passed. Adopted by the House.

HR 1271 is a resolution by Rep. Pat Gardner that creates a House 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. Passed. Adopted by the House.

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. Passed. Adopted by the House.

SB 36 is a bill by Sen. Regina Thomas that amends OCGA 35-8-6 to allow salary adjustments for POST investigators. Failed. Died in the House Public Safety and Homeland Security Committee.

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. Failed. Died in the House Rules 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. Failed. Died in the House Judiciary Non-Civil 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, 2008 shall be subject to a total net disability retirement benefit less any earnable compensation including workers compensation. Failed. Died in the House Retirement Committee.

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. Failed. Died in the Senate Insurance & Labor Committee.

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. Failed. Defeated in House floor vote.

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. Passed. Pending action by Governor Perdue.

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. Pending action by Governor Perdue.

SB 259 is a bill by Sen. Vincent Fort that amends OCGA 17-5-22 to require probable cause for a “no knock” warrant. Failed. Died in the House Judiciary Non-Civil Committee. Also an attempt by Fort to attach to another bill failed on the final legislative day.

SB 327 is a substitute bill by Sen. Bill Heath that creates a new OCGA 47-20-34 that requires certain requirements prior to any legislative action for any state retirement fund to divest or refrain from investing in specific investments or classes of investments. Passed. Pending action by Governor Perdue.

SB 328 is a bill by Sen. Bill Heath. A substitute will amend Chapter 2 of Title 47 by creating a new Article 10 to be known as the Georgia State Employees’ Pension and Savings Plan. All new employees hired on or after January 1, 2009 would be required to participate in this plan and other current employees could elect to transfer to this plan. It requires the same 1.25% employee contribution as the current plan, but only allows for a 1% retirement allowance for each year of credible service. Also employees could elect to contribute up to 5% to a 401k account and the state will match 100% for the first 1% and 50% for each additional per cent to a maximum match of 3%. Passed. Pending action by Governor Perdue.

SB 366 is a bill by Sen. Johnny Grant that amends OCGA 42-5-18 to include telecommunication device to the list of items which it is a felony to provide to an inmate and for an inmate to receive or possess. Passed. Pending action by Governor Perdue.

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. Passed. Pending action by Governor Perdue.

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. Failed. Died in 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. In conflict with and jeopardizes OCGA 45-11-4(g). Failed. Died 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. Passed. Pending action by Governor Perdue.

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. Passed. Adopted by the Senate.

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. Passed. Pending action by Governor Perdue.