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Steve Gaynor Legislative Committee Chairman State of Georgia Legislative Information
FOP Final Legislative Update 4/30/2010
Thursday, April 29, marked the fortieth day of Georgia’s Legislative Session. The Speaker’s and Lt. Governor’s gavels struck their respected blocks late Thursday, signifying Sine Die, the end of the 2010 Georgia General Assembly. Legislators in both chambers took a collective breath of fresh air, as this year’s Sine Die marked the end of the longest recorded legislative session in Georgia history. The last week of legislative session is generally the busiest and most hectic, and despite its longevity, this year did not disappoint. Decisions on a number of highly debated topics were finally reached including the finalization of the budget, taxes, and updated gun laws. Many other bills and resolutions crossed the floors of both the Senate and the House this session. Some were passed and adopted, while others that were not as fortunate were killed. Bills and resolutions that did not pass this session, and were killed, will not be available in the 2011 Legislative Session, and must be reintroduced. The main issue of this year’s session, the budget, was finally agreed upon and passed on Thursday afternoon after much debate and compromise. The full Assembly OK'd the $17.9 billion plan which includes cuts of up to $600 million to K-through-12 education and the University System, higher user fees to bring in revenue, a tax on hospital revenue, arts funding was restored ($790,000 worth), and more than a couple dozen bond projects were added. Other “big ticket” issues and measures that were agreed upon by lawmakers include: a ban on texting while driving, which includes an overall ban on cell phone use for teens and SB308, a gun bill meant to allow guns in more places. Carry permit holders had hoped for legislation vastly extending the type of places they can bring their weapons. Instead, the bill spells out the places no guns can be carried. Those places include government buildings, churches, schools and polling places. The General Assembly also continued to improve Georgia’s trauma care through an annual $10 charge on the tag fee. The fee would raise about $80 million dedicated to trauma centers. Lawmakers have tried for years to find a consistent funding stream for a statewide care network. Georgia’s super speeder law is expected to add another $23 million to trauma care. Also passing in the Session -- a funding mechanism for transportation, tougher ethics laws, and a water conservation bill. This year’s session was very beneficial to the FOP and its interests. We managed to successfully pass a number of pieces of legislation that will have a significant impact on FOP. The bill of most interest is the passage of “Blue Alert” Bill - SB 397 (instant notification to all public safety officers of an injured officer or officer down). We also had a number of bills pass that FOP is in favor of and some died, that FOP is against. Bills of interest that did not successfully pass through both Houses this session will need to be reintroduced next session, because this year marks the end of Georgia’s two year legislative cycle. We will continue to work diligently to assure that these bills will be brought up next year and passed to FOP’s advantage. All of these bills and issues are only a small sample of what our legislative team continues to work on and monitor for FOP and our members. Below you will find a list of bills that affect our industry. Please call us with any questions or anything at all! Bills of Concern:
HB 947: Supplemental Appropriations Sponsored by Speaker Ralston-7th This legislation sets appropriations for the State fiscal year beginning July 1, 2009 and ending June 30, 2010, known as the general appropriations act. This bill was sent to conference committee, and the conference committee report was agreed upon by each chamber. This bill will now head to the Governor’s desk to be signed into law.
HB 1180: Income Tax Sponsored by Rep. Franklin-43rd This legislation deals with the imposition, rate, and computation of income taxes, so that public safety income received by a taxpayer who is a full time or part time public safety officer shall not be subject to state income tax.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated
SB 291: Laws concerning carrying of concealed weapons. Sponsored by Sen. Shafer-48th This legislation would modify the method by which licenses to carry firearms are issued. The bill was amended on the Senate Floor 3 times prior to passage, and limits certain areas where a concealed weapon may or may not be carried.
SB 414: “Jared Little Act”: Georgia State Indemnification fund; Sponsored by Sen. Mullis-53rd This legislation would provide that in case of death or brain damage suffered in the line of duty by a law enforcement officer, firefighter, emt, ems, or prison guard, is such person does not have an unmarried spouse or dependents , the indemnification payment shall be made to the parents or siblings of such person. This bill was passed out by committee substitute.
SB 397: Blue Alert Bill Sponsored by Sen. Mullis-53rd This legislation would create an alert system for unapprehended murder and rape suspects as well as a “Blue Alert” system that would that would speed the apprehension of criminals who seriously injure law enforcement officers.
HB 31: Traffic-Control Signal Monitoring Devices Sponsored by Rep. Loudermilk-14th This legislation aims to repeal provisions relating to traffic-control signal monitoring devices.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 287: Speed Detection Devices in School Zones Sponsored by Rep. Benton-31st This bill aims to provide that certain restrictions on the use of speed detection devices in traffic law enforcement shall not apply with respect to the use of speed detection devices in school zones.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated
HB 413: Residency Requirements Sponsored by Rep. Hatfield-177th This legislation aims to provide an exception from the prohibition that requires residence in a municipality or county as a condition of employment when such exception is authorized by local Act of the General Assembly.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 465: Peace Officers’ Annuity and Benefit Fund Sponsored by Rep. Maxwell-17th and Sen. Hawkins-49th This bill aims to provide for a certain employer contribution to the Peace Officers' Annuity and Benefit Fund.
Status: This bill failed to pass both Chambers prior to Sine Die, and has therefore been defeated.
HB 467: Employees’ Retirement System of Georgia Sponsored by Rep. Maxwell-17th This legislation aims to change a certain gender designation relating to employee and employer contributions and creation of funds for contributions, benefits, and administrative expenses in the Employees' Retirement System of Georgia.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 669: Hunting While Under the Influence Sponsored by Rep. Bulter-18th This legislation aims to harmonize certain provisions relating to hunting, operation of vessels, water skis, aquaplanes, and surfboards with those applicable to driving under the influence of alcohol, drugs, or other substances.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated
SB 129: Public Retirement Systems Investment Authority Law Sponsored by Sen. Hill, J.-32nd This bill aims to expand the definition of the term "large retirement system" and to provide that such investments may be made up to a certain amount and to shield information related to such investment from public scrutiny.
Status: This legislation failed to make it through the Senate Chamber by the 30th legislative day, therefore the bill has been defeated.
SR 174: Peace Officers’ Annuity and Benefit Fund Sponsored by Sen. Harbison-15th This legislation aims to provide that the General Assembly shall be authorized to enact legislation and appropriate funds necessary to provide for retirement credit for retired members of the Peace Officers' Annuity and Benefit Fund for service rendered prior to January 1, 1976 but who are not members of the fund on July 1, 2009.
Status: This legislation failed to make it through the Senate Chamber by the 30th legislative day, therefore the bill has been defeated.
SB 295: Speed Detection Devices and Traffic Control Signal Monitoring Devices: Sponsored by Sen. Seabaugh-28th This Legislation is to prohibit municipalities from using speed detection devices on federal aid systems.
Status: This legislation failed to make it through the Senate Chamber by the 30th legislative day, therefore the bill has been defeated
SB 300: Sexual Assault against persons in custody, certain patients, and other patients subject to authority: Sponsored by Sen. Ramsey-43rd This Legislation is to provide for the offense of sexual enticement of a student; to provide that it shall be unlawful for certain persons to entice a person enrolled in an elementary or secondary school to commit sexual contact.
Status: This legislation failed to make it through the Senate Chamber by the 30th legislative day, therefore the bill has been defeated.
SB 308: Carrying and possession of firearms: Sponsored by Sen. Seabaugh-28th This legislation is to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas. Before passage, this bill was amended to spell out the places no guns can be carried. Those places include government buildings, churches, schools and polling places
HB 876: Wiretapping, eavesdropping, and surveillance: Sponsored by Rep. Franklin-43rd This legislation is to prohibit certain forms of surveillance without search warrants.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 866: Health grants to Hospitals: Sponsored by Rep. Alison-8th This legislation is to authorize grants to hospitals and other health care facilities in physician underserved rural areas. This bill was passed by committee substitute.
HB 916: Retirement ages, retirement allowances, and health benefits: Sponsored by Rep. Maxwell-17th This legislation provides that if a retiring employee has not reached normal retirement age on the date of retirement and returns to any paid services, his or her application for retirement shall be nullified.
HB 865: Signs and Signals on the State Highway System: Sponsored by Rep. Jones-46th
This legislation provides for certain height limitations on signs, to allow owners of legally erected and maintained signs to obtain permits to remove legislation from the view zones of their signs if certain specified conditions are met.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 897: Sexual Offenses Sponsored by Rep. Collins-27th This legislation relates to sexual assault against persons in custody, certain patients, and other persons subject to the authority of a supervisor.
Status: This bill failed to pass both Chambers prior to Sine Die, and has therefore been defeated.
HB 898: DUI Law Sponsored by Rep. Collins-27th This legislation relates to driving under the influence of alcohol, drugs, or other substances, relating to the contents of the publication of the notice of conviction. This bill was passed out by substitute.
SB 318: Civil Practice Sponsored by Sen. Murphy-27th This legislation provides for an affidavit to accompany a complaint against criminal law professionals
Status: This legislation failed to make it through the Senate Chamber by the 30th legislative day, therefore the bill has been defeated.
SB 324: Georgia Peace Officer Standards and Training Council Sponsored by Sen. Grant-25th This legislation clarifies the authority of the council to impose administrative fees. Now headed to the Governor’s desk to be signed into law.
HB 979: Assault and Battery Sponsored by Rep. Lane-167th This legislation provides for penalties for committing aggravated assault on a law enforcement official.
Status: This bill failed to pass both Chambers prior to Sine Die, and has therefore been defeated.
SB 325: Motor Vehicles and Traffic Sponsored by Sen. Butler-55th This legislation prohibits law enforcement officials from using race or ethnicity in determining whether to stop a motorist or pedestrian.
Status: This legislation failed to make it through the Senate Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 1015: Street Gang Terrorism Sponsored by Rep. Golick-34th This legislation would change provisions relating to street gangs and criminal gang activity, so that a person sentenced for violating the Georgia Criminal Street Gang Terrorism and Prevention Act be supervised on probation for the duration of his or her sentence. This legislation successfully passed the House, then successfully passed the Senate Floor, and is now headed to the Governor’s desk.
HB 134: Elections and Primaries Sponsored by Rep. Carter-159th This bill provides for the nonpartisan election of sheriffs.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HR 135: Elections and Primaries Sponsored by Rep. Carter-159th This bill provides for the nonpartisan elections of clerks of superior court
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated
HR 136: Elections and Primaries Sponsored by Rep. Carter-159th This bill provides for the nonpartisan elections of district attorneys
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 997: Social Security Coverage Sponsored by Rep. Maxwell-17th This legislation provides that Employees Social Security Coverage Group shall be under the jurisdiction and control of the State Personnel Administration. House floor has passed this legislation, then the Senate passed the bill, and now it is headed to the Governor’s desk.
HB 1009: Motor Vehicles and Traffic Sponsored by Rep. Marin-96th This legislation prohibits law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist or pedestrian.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
SB 373: Employment and training of peace officers Sponsored by Sen. Grant-25th This legislation would change certain provisions relating to the investigation of an applicant’s good moral character when applying for appointment or certification as a peace officer. The Senate agreed to the House substitute.
HB 1033: DNA Analysis Sponsored by Rep, Teilhet-40th This legislation requires DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state facility.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 1164: Peace officers Sponsored by Rep. Austin-10th This legislation relates to peace officers and the enforcement of immigration and custom laws, so as to modify provisions relating to the designation of peace officers for training, so as to extend the requirement to verify the nationality of persons confined in jail.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 978: Speed detection devices Sponsored by Rep. Bearden-68th This legislation requires that vehicles using speed detection devices be visible for a distance of at least 500 feet.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 1230: “Jared Little Act”: Georgia State Indemnification fund; Sponsored by Rep. Neal-1st This legislation would provide that in case of death or brain damage suffered in the line of duty by a law enforcement officer, firefighter, emt, ems, or prison guard, is such person does not have an unmarried spouse or dependents , the indemnification payment shall be made to the parents or siblings of such person.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HR 1486: Georgia law enforcement officers: Sponsored by Rep. Heckstall-62nd This resolution urges all law enforcement officers in the State of Georgia to write legibly when issuing citations.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 1382: Sales and use tax: Sponsored by Rep. Taylor-55th This legislation provides for a special purpose public safety local option sales tax and use tax.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 1385: Disability Compensation: Sponsored by Rep. Cole-125th This legislation relates to temporary disability compensation programs, so as to authorize certain payments to law enforcement officers.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
HB 981: Law Enforcement vehicles: Sponsored by Rep. Chambers-81st This legislation relates to the marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement vehicles. The House agreed to the Senate substitute, and now the bill heads to the Governor’s desk to be signed into law.
HB 1398: Change Clerk and Marshal Compensation: Sponsored by Rep. Smyre-132nd This legislation changes the compensation for the clerk and marshal of the court in Columbus, GA.
Status: This legislation failed to make it through the House Chamber by the 30th legislative day, therefore the bill has been defeated.
SB 410: Motor Vehicles: Sponsored by Sen. Douglas-17th This legislation relates to equipment of law enforcement and emergency vehicles, so as to designate ambulances as emergency vehicles and exclude ambulance providers from certain permit requirements. This bill successfully passed both Chambers. Steven T. Gaynor 2nd Vice President & Legislative Chairman Georgia State Lodge
Click here to email Steve Gaynor
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