SB285: SB285 Emergency Communications Authority; increase in the percentage of all 9-1-1 charges to be remitted to the Peace Officers' Annuity and Benefit Fund; increase

26 LC 56 0678S Senate Bill 285 By: Senator Robertson of the 29th AS PASSED A BILL TO BE ENTITLED AN ACT To amend Code Section 33-8-8.3 of the Official Code of Georgia Annotated, relating to the1 funding of services, or reduction of ad valorem taxes, in unincorporated areas of counties and2 powers and duties of governing authority, so as to require coun ties and municipal3 corporations to remit a portion of premium taxes to the Peace Officers' Annuity and Benefit4 Fund; to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating5 to the Peace Officers' Annuity and Benefit Fund, so as to provide for certain premium taxes6 to be paid to the fund; to provide the board with the authority to increase the monthly benefit7 multiplier; to provide for limitations and restrictions; to pro vide for legislative intent to8 appropriate certain funds; to provide for a definition; to provide for related matters; to repeal9 conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Code Section 33-8-8.3 of the Official Code of Georgia Annotated, relating to the funding of13 services, or reduction of ad valorem taxes, in unincorporated areas of counties and powers14 and duties of governing authority, is amended as follows:15 S. B. 285 - 1 - 26 LC 56 0678S "33-8-8.3.16 (a) The Except as provided in subsection (c) of this Code section, the proceeds from the17 county taxes levied for county purposes, as provided by this ch apter, shall be separated18 from other county funds and shall be used by the county governing authorities solely for19 the purpose of either:20 (1) Funding the provision of the following services to inhabitants of the unincorporated21 areas of such counties directly or by intergovernmental contract as authorized by Article22 IX, Section III, Paragraph I of the Constitution of the State of Georgia:23 (A) Police protection, except such protection provided by the county sheriff;24 (B) Fire protection;25 (C) Curbside or on-site residential or commercial garbage and solid waste collection;26 (D) Curbs, sidewalks, and street lights;27 (E) Flood risk reduction, which, for purposes of this paragraph, such term shall mean28 policies adopted or projects implemented by a county to reduce the risks from flood29 events to residents of or property located in unincorporated areas of such county that30 are prone to experiencing floods. Such policies or projects ma y include but are not31 limited to the creation of flood risk management strategies and plans, installation of32 storm-water management infrastructure, and acquisition of high-risk properties; and33 (F) Such other services as may be provided by the county governing authority for the34 primary benefit of the inhabitants of the unincorporated area of the county; or35 (2) Reducing ad valorem taxes of the inhabitants of the uninco rporated areas of those36 counties in which the governing authority of a county does not provide any of the37 services enumerated in paragraph (1) of this subsection to inha bitants of the38 unincorporated areas. In fixing the ad valorem tax millage rat e for the year, the39 governing authorities of such counties shall be authorized and directed to reduce such ad40 valorem tax millage rate on taxable property within the unincor porated areas of such41 S. B. 285 - 2 - 26 LC 56 0678S counties to offset any of the proceeds derived from any tax provided for in this chapter42 which cannot be expended pursuant to paragraph (1) of this subsection.43 (b) In the adoption of the budget utilizing any of the funds derived from the tax imposed44 by Code Sections 33-8-8.1 and 33-8-8.2, the governing authority of a county shall specify45 in such budget the amount of such funds expended as authorized by paragraph (1) of46 subsection (a) of this Code section or used to reduce ad valore m taxes as provided in47 paragraph (2) of subsection (a) of this Code section. Said bud get shall also specify the48 amount of any other funds expended for such purpose or purposes as are authorized to be49 expended for services referred to in paragraph (1) of subsection (a) of this Code section.50 Such provisions shall be spread on the minutes of the meeting a t which such budget is51 adopted.52 (c) On or before October 30 of each year, each county and muni cipal corporation shall53 remit 1.5 percent of all funds distributed to them pursuant to subsection (g) of Code54 Section 33-8-8.1 and subsection (b) of Code Section 33-8-8.2 to the Peace Officers'55 Annuity and Benefit Fund established in Chapter 17 of Title 47."56 SECTION 2.57 Chapter 17 of Title 47 of the Official Code of Georgia Annotate d, relating to the Peace58 Officers' Annuity and Benefit Fund, is amended in Article 4, relating to revenues collected59 from fines and fees, by adding a new Code section to read as follows:60 "47-17-64.61 The fund shall receive all moneys remitted to it pursuant to su bsection (c) of Code62 Section 33-8-8.3. Such moneys shall be used for the sole purpo se of supporting the63 benefits paid to members of the Peace Officers' Annuity and Benefit Fund and such funds64 shall not lapse as otherwise required by Article III, Section I X, Paragraph IV(c) of the65 Constitution of Georgia. Additionally, it is the intention of the General Assembly, subject66 to the appropriations process, that an amount equal to one-half of 1 percent of state67 S. B. 285 - 3 - 26 LC 56 0678S insurance premium taxes collected annually and remitted to the department pursuant to68 Code Section 33-8-4 be appropriated each year to the Peace Officers' Annuity and Benefit69 Fund."70 SECTION 3.71 Said chapter is further amended in Code Section 47-17-80, relat ing to retirement benefit72 payment options, payment to surviving spouse, reemployment, cha nges in retirement73 benefits, and death of member, by revising subsection (b) as follows:74 "(b)(1) Option One shall consist of a single life annuity payable in monthly payments for75 the life of the member only. The monthly payment under this option shall be an amount76 equal to $30.00 per month for each full year of creditable serv ice and in the event the77 member shall have additional service credit not totaling a full year, the further sum of78 one-twelfth of the amount paid per month for each additional year of service credit shall79 be paid for each month of additional service credit, provided that the member either has80 at least ten years of membership service, or 15 years of member ship service for81 individuals who became members on or after July 1, 2010, and is at least 55 years of age82 or has at least 30 years of creditable service, regardless of a ge. Such monthly benefit83 payment shall be paid on each full year and additional full months of creditable service84 up to a maximum of 30 years of total service.85 (2)(A) As used in this paragraph, the term 'funded ratio' means the actuarial value of86 plan assets divided by the actuarial accrued liability of such plan as of the most recent87 actuarial valuation approved by the board.88 (B) On and after July 1, 2027, the board is authorized to increase the benefit multiplier89 in paragraph (1) of this subsection from $30.00 per month up to $35.00 per month,90 provided that any increase in the benefit multiplier is for an amount not less than $1.0091 and that any such increase does not lower the funded ratio of t he system below 9092 percent, based on the recommendation of the actuary of the board."93 S. B. 285 - 4 - 26 LC 56 0678S SECTION 4.94 All laws and parts of laws in conflict with this Act are repealed.95 S. B. 285 - 5 -