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2009 PBA of Georgia State Legislative Update |
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Ask your state representative to vote No on HB 413 (see below) and vote No on furloughs or lay-offs of any public safety officer positions in the FY 2010 Budget. Let them know that crime goes up, way up, when the economy tanks, now is not the time for reducing public safety personnel. To find any legislation in the House or Senate go to: http://www.legis.ga.gov/legis/2009_10/ The following bills of interest have been assigned to committees: HB 10 by Representative Kevin Levitas amends OCGA 35-3-24 and 35-3-35 to allow private individuals, businesses, and government entities access to an individual’s Georgia criminal history without fingerprints or permission under certain circumstances. Pending in the House Judiciary Non-Civil Committee. HB 11 by Representative Kevin Levitas amends OCGA 17-7-70.1 to allow certain felony cases to proceed through accusation instead of grand jury indictment. The current legislation would still protect police officers right to a grand jury hearing under OCGA 17-7-52. Assigned to the House Judiciary Non-Civil Committee. HB 47 by Representative Tim Bearden amends OCGA 16-5-60 related to certain assaults upon police or corrections officers by HIV or hepatitis infected persons by increasing the maximum penalty from 20 years to 30 years in prison. Assigned to the House Judiciary Non-Civil Committee. HB 78 by Representative Alan Powell amends or adds various aspects of OCGA Titles 17, 19, 40, and 42 creating a new Department of Probation/Parole Community Based Supervision and eliminating those respective responsibilities from the Department of Corrections and the Board of Pardons and Parole. Assigned to the House Judiciary Non-Civil Committee. HB 87 by Representative Gerald Green amends OCGA 17-4-21 to clarify who may take an arrested person before an appropriate judicial officer. Assigned to House Judiciary Non-Civil Committee. HB 118 by Speaker Glenn Richardson amends the FY-2009 State Budget to allow for reductions in revenue. Departments made a variety of cuts, some furloughed staff, and others like GSP made creative changes to off-set expenses and avoided furloughs. Unfortunately FY-2010 is projected to be worse. House version passed on February 26, 2009. Assigned to the Senate Appropriations Committee. HB 119 by Speaker Glenn Richardson reviews and adjusts the Governor’s proposed FY-2010 State Budget. Hearings begin in the Appropriations Public Safety Sub-Committee Meetings on March 2, 2009. Assigned to the House Appropriations Committee. HB 140 by Representative Mike Jacobs creates a new section of Title 35 of the OCGA to allow GBI to issue “Blue Alerts” for those who cause serious harm of death of law enforcement officers. Rumor has it someone didn’t the word “blue.” Made it to a House floor vote but re-committed to the House Rules Committee. HB 155 by Representative James Mills would amend OCGA 16-11-129 to allow for a conceal weapons permit to be issued for the lifetime of the holder. Assigned to the House Judiciary Non-Civil Committee. HB 159 by Representative Burke Day would amend OCGA 35-8-27 to require each government entity to ensure that all individuals authorized to exercise the power of arrest, including traffic citations, under their employment or contract have achieved and maintained their certification as required by POST. Assigned to the House Governmental Affairs Committee. HB 172 by Representative Howard Maxwell would amend OCGA 47-2-125 to change certain requirements for state employees retiring on disability on or after July 1, 2009. Passed out of the House on February 24, 2009. Assigned to the Senate Retirement Committee. HB 190 by Representative Tommy Benton amends OCGA 47-2-123(c) as it pertains to retirement benefit calculations upon death. Passed out of the House on February 17, 2009. Assigned to the Senate Retirement Committee. HB 191 by Representative Tommy Benton amends OCGA 47-2-323 to disallow any salary adjustment greater than 10% in the last twelve months of employment to be used in calculating retirement benefits for individuals hired after July 1, 2009. Favorably reported out of the House Retirement Committee. HB 202 by Representative Howard Maxwell amends numerous sections in OCGA Title 47 in what appears to be largely a housekeeping bill of updates in compliance with federal retirement law changes over the last several years. Passed out of the House February 19, 2009. Assigned to the Senate Retirement Committee. HB 224 by Representative Penny Houston amends OCGA 47-17-1 and 47-17-70 to allow county jail officers who are certified by POST to participate in the POAB. Assigned to the House Retirement Committee. HB 249 by Representative Chuck Martin amends OCGA Title 47 that would allow the Employee Retirement System of Georgia (ERS) to invest up to 50% of its funds in certain types of alternative investments, private placements, and other private investments. However, it suspiciously exempts the teacher retirement system from this! Assigned to the House Retirement Committee. HB 259 by Representative Pedro Marin amends OCGA 16-11-129 to require carry permit applicants to attend a firearms training course within three years of the application with a few exempts, such as peace officers. Assigned to the House Judiciary Non-Civil Committee. HB 260 by Representative Pedro Marin amends OCGA 16-11-129 to require a photograph on the license for those issued a carry permit and renewal each time the holder changes his residence. Assigned to the House Judiciary Non-Civil Committee. HB 286 by Representative Pedro Marin amends OCGA 16-11-129 to require those issued a carry permit to provide a recent passport size photograph and to complete a handgun safety course as approved by DPS within three years. Assigned to the House Judiciary Non-Civil Committee. HB 343 by Representative Doug Collins amends OCGA Chapter 2 of Title 35 by creating a new Article 6 authorizing and defining a position to be known as Civilian Weight Inspector within the Motor Carrier Compliance Division. This shall be a non-law enforcement position without any arrest powers and currently 100 positions are waiting to be filled. Passed out of the House on February 24, 2009. Assigned to the Senate Public Safety Committee. HB 371 by Representative Earl Ehrhert amends OCGA 47-20-83 to allow over the next two years for certain public large fund retirement systems to increase equities investments up to 75%. Assigned to the House Retirement Committee. HB 413 by Representative Mark Hatfield originally introduced to amend OCGA 45-2-5 to allow municipal and county governments to require certain city and county employees to reside within their jurisdiction as a condition of employment when approved by the local legislative delegation. In sub-committee it was decided to delete OCGA 45-2-5 all together and to submit as a committee substitute. This means that city and county employees could be required to live in the jurisdiction where they work as a condition of employment. Scheduled for a vote in the House Government Affairs Committee on March 2, 2009. HB 452 by Representative Debbie Buckner amends OCGA 47-2-29 to prohibit members of the Employment Retirement System of Georgia after July 1, 2009 from receiving any post-retirement benefit adjustments. Assigned to the House Retirement Committee. HB 476 by Representative Howard Maxwell proposes to amend OCGA 47-17-80 so as anyone joining or re-joining the Peace Officers Annuity and Benefit Fund on or after July 1, 2009 shall not draw the benefits of sections: (g)(2) they shall not work a part-time law enforcement job and continue to draw POAB retirement and (g)(3) they will not be able to draw POAB retirement benefits while still working a law enforcement job after 30 years of service and age 55. Favorably reported out of the House Retirement Committee on February 25, 2009. HB 477 by Representative Howard Maxwell proposes to amend OCGA 47-1-62 to eliminate the time limit requirement for qualified returning veterans to file certain notifications to the board of trustees of the Employee Retirement System of Georgia. Favorably reported out of the House Retirement Committee on February 25, 2009. HB 522 by Representative Billy Maddox proposes to amend OCGA 35-8-8 as it relates to background employment investigation of police officer candidates. A new sub-section (c) requires employers to disclose certain defined employment information when requested by a law enforcement agency and accompanied by a signed and notarized statement from the applicant releasing the previous employer from any liability. Assigned to the Judiciary Non-Civil Committee. HB 573 by Representative Pedro Marin would amend OCGA 16-11-127.1 in what appears to be an effort to allow the courts to apply some reasonableness to the punishment of anyone who brings a weapon to school. Changes the felony requirement to those who deliberately and with intentional forethought bring a weapon to a school building, school safety zone, school event, bus or other school provided transportation. Assigned to the Judiciary Non-Civil Committee. HR 75 by Representative Austin Scott proposes to submit to the voters of this state to amend Article VI of the Georgia Constitutional creating a mechanism for a state-wide grand jury. Governor would direct the Attorney General to petition the Georgia Supreme Court to convene a state-wide grand jury. Assigned to the House Judiciary Non-Civil Committee. SB 2 by Senator John Douglas amends OCGA 40-6-391.2 to allow any motor vehicle operated by a person who commits a third or subsequent offense of fleeing or attempting to elude a police officer to be declared contraband and subject to forfeiture when in violation of OCGA 40-6-395. It also changes the over the speed limit excess of 30 mph to 10 mph and adds driving under the influence of alcohol, drugs, or other intoxicating substances as triggering events under OCGA 40-6-395(b)(5)(A). Assigned to the Senate Judiciary Committee. SB 4 by Senator Gloria Butler amends OCGA 15-10-104 and 15-16-17 to require the sheriff, marshal, or constable to notify the protected person upon request by phone or email within 24 hours of the service of retraining order, protective order, injunction or similar order related to harassment, work place violence, domestic abuse, stalking, or elder abuse. Passed out of the Senate on February 17, 2009. Assigned to the House Judiciary Non-Civil Committee. SB 9 by Senator John Douglas amends OCGA 16-11-126 to remove requirement for those with concealed carry license to carry only in waist or shoulder holster. Assigned to the Senate Judiciary Committee. SB 12 by Senator Ronald Ramsey adds OCGA 16-11-190 through 16-11-197 creating new state wide requirements for sale, distribution, manufacture and possession of handgun and certain rifle ammunition. Each bullet would be required to have an individual unique identification number by January 1, 2010. It would be illegal for any individual or corporation to possess any other type of ammunition after January 1, 2012. Assigned to Senate Judiciary Committee. SB 38 by Senator Seth Harp amends OCGA 31-21-31 to allow the Board of Distribution of Cadavers to approve the use of blood and body fluids of dead bodies for canine training. Passed out of the Senate on February 24, 2009. Assigned to the House Health and Human Services Committee. SB 73 by Senator Bill Hamrick amends OCGA 17-4-40 to allow a magistrate judge to issue a warrant for the arrest of a law enforcement officer, peace officer, teacher, or school administrator for any offense alleged to have happened while in the performance of official duties, but only when authorized by order of the chief judge of the superior court of that judicial circuit. The order is good for one year, but may be revoked at any time by written order. Assigned to the Senate Special Judiciary Committee. SB 129 by Senator Judson Hill amends OCGA 47-20-84 and adds a new code section 47-20-87 to allow certain large fund public retirement systems to invest in alternative investments, private placements, and other private investments. Assigned to Senate Retirement Committee. SB 176 by Senator Bill Heath proposes to amend OCGA 47-20-36 and 47-20-50 to mandate that on or after July 1, 2010 any actuarial accrued unfunded liability to a public retirement system created by a legislative act shall be funded in the year of the legislation. Assigned to the Senate Retirement Committee. SB 214 by Senator Bill Cowert would amend OCGA 47-17-1 and 47-17-70 to allow county jail officers who are POST certified peace officers to be eligible for enrollment in the POAB. Assigned to the Senate Retirement Committee. SR 174 by Senator Ed Harbison proposes to submit to the voters of this state to amend Article III of the Georgia Constitution to allow the General Assembly to enact legislation and appropriate money to fund retirement for black officers denied membership in the POAB prior to 1976. Assigned to the Senate Retirement Committee. |
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