SB243: SB243 Back the Blue Fund; authorized use of money; revise

25 LC 46 1196S The Senate Committee on Insurance and Labor offered the following substitute to SB 243: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Cod e of Georgia Annotated,1 relating to registration and licensing generally, so as to revise the authorized use of money2 distributed from the Back the Blue Fund; to revise collection p rocedures; to provide for3 legislative intent; to provide for related matters; to repeal c onflicting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 2 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to8 registration and licensing generally, is amended by revising Code Section 40-2-26.1, relating9 to voluntary contributions to Back the Blue Fund, as follows:10 "40-2-26.1.11 (a) This Code section shall be known and may be cited as the 'Back the Blue Act.'12 (b) The General Assembly finds that:13 (1) It is in the best interest of this state to provide a mechanism to support a program that14 encourages the hiring and retaining of law enforcement officers and promotes public15 safety for the benefit of the citizens of Georgia;16 - 1 - 25 LC 46 1196S (2) Hiring and retaining experienced law enforcement officers increases public safety,17 builds stronger communities, and restores trust and goodwill between communities and18 law enforcement officers;19 (3) Evidence shows that supplementing pay and enhancing benefi ts attract better job20 applicants and improve the retention of experienced law enforcement officers; and21 (4) Retaining experienced law enforcement officers means fewer hiring and training22 expenses for law enforcement agencies.23 (c) As used in this Code section, the term:24 (1) 'Back the Blue Fund' means the fund established by this Code section.25 (2) 'Sheriff' means the duly elected or appointed sheriff of each county in this state.26 (d) There is created the Back the Blue Fund for the purpose of providing bonus payments27 to supporting training and retention of certified peace officers employed under a sheriff in28 this state. The state revenue commissioner shall be the custod ian of the Back the Blue29 Fund and shall administer such fund as further provided in this Code section.30 (e) No later than January 1, 2025, the state revenue commissio ner shall include on the31 form provided for in Code Section 40-2-26 a place for an applicant to elect to contribute32 an amount of $5.00 to the Back the Blue Fund. Any such voluntary contribution shall be33 made at the discretion of the applicant at the time of application in addition to the payment34 of any other fees required under this chapter.35 (f) County tag agents shall hold voluntary contributions to th e Back the Blue Fund36 collected pursuant to this Code section in a fiduciary capacity, and such money received37 shall be promptly accounted for, separated from other moneys re ceived, and reasonably38 ascertainable. Such collected voluntary contributions shall be included in the weekly39 reports and remittances provided for in Code Section 40-2-34; provided, however, that any40 funds collected pursuant to this Code section shall not be deposited in the general fund of41 the state treasury.42 - 2 - 25 LC 46 1196S (g) No later than January 1, 2026, and annually thereafter, the state revenue commissioner43 shall distribute moneys money from the Back the Blue Fund to the Georgia Peace Officer44 Standards and Training Council, Georgia Sheriffs' Association, which shall distribute such45 moneys in equal portions to the sheriff of each county in this state on a per county basis. 46 The state revenue commissioner shall determine a reasonable amo unt, not to exceed 147 percent of the fund annually, that may be retained for actual administrative costs.48 (h) Money distributed from the Back the Blue Fund shall only be used for bonus payments49 to certified peace officers employed under a sheriff and shall be distributed equitably and50 fairly. Such fund shall not be used to supplement a sheriff's salary nor to supplant or51 replace funding by the county governing authority for the operation of the office of sheriff52 for training or retention of certified peace officers employed by county sheriffs or any other53 costs incurred by county sheriffs' offices relating to such training.54 (i) It is the intent of the General Assembly that when the she riff of any county utilizes55 money from the Back the Blue Fund pursuant to this Code section for training of certified56 peace officers, any money otherwise allocated to such sheriff b y the county governing57 authority for training purposes be used to increase salaries of certified peace officers58 employed by such sheriff. Money distributed from the Back the Blue Fund shall not be59 used to supplement the salary of a sheriff nor supplant or repl ace funding by a county60 governing authority for the operation of the office of sheriff. Each sheriff shall have sole61 discretion in determining the allocation of bonus payments to c ertified peace officers62 employed under such sheriff in accordance with this Code section.63 (j) The state revenue commissioner is authorized and directed to establish procedures and64 promulgate rules and regulations to effectuate the purposes of this Code section.65 (k) This Code section shall stand repealed by operation of law on July 1, 2029."66 SECTION 2.67 All laws and parts of laws in conflict with this Act are repealed.68 - 3 -