House Bill 1128 (AS PASSED HOUSE AND SENATE)
By: Representatives Seabaugh of the 34th, Gambill of the 15th, Wade of the 9th, Werkheiser
of the 157th, Bonner of the 73rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 34-9-26 of the Official Code of Georgia Annotated, relating to
required notice regarding injured peace officers, so as to provide that the State Board of
Workers' Compensation shall provide for notice of eligibility for compensation to an injured
employee to his or her legal guardian; to amend Code Section 35-1-24 of the Official Code
of Georgia Annotated, relating to peace officers eligible for indemnification or disability
compensation and notifications, so as to provide that law enforcement agencies shall provide
notice of eligibility for compensation to an injured employee to his or her legal guardian; to
amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,
relating to the Georgia State Indemnification Fund, so as to provide for an application
window for eligible individuals incapacitated by organic brain damage sustained in the line
of duty on or before July 1, 2024; to provide for automatic repeal; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 34-9-26 of the Official Code of Georgia Annotated, relating to required notice
regarding injured peace officers, is amended by revising subsection (b) as follows:
"(b) In the event that the State Board of Workers' Compensation has reasonable cause to
believe that an injured employee is an eligible peace officer, the board shall notify the
Department of Administrative Services. Additionally, the board shall notify the injured
employee <ins>or his or her legal guardian</ins> of such belief and such notification shall include such
appropriate contact information of the Georgia State Indemnification Fund and the
temporary disability compensation program of Parts 1 and 2, respectively, of Article 5 of
Chapter 9 of Title 45 and other information as shall be determined necessary by the
Department of Administrative Services through the promulgation of rules and regulations."
SECTION 2.
Code Section 35-1-24 of the Official Code of Georgia Annotated, relating to peace officers
eligible for indemnification or disability compensation and notifications, is amended by
revising subsection (b) as follows:
"(b) Each law enforcement agency of this state shall notify every employee whom such
agency has reasonable cause to believe may be an eligible peace officer, <ins>or his or her legal
guardian,</ins> of the existence of the Georgia State Indemnification Fund and the temporary
disability compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 9
of Title 45. Such notification shall be given within ten days of such employee suffering
an injury which may reasonably cause such employee to suffer a permanent or temporary
disability. Additionally, such notification shall include such appropriate contact and other
information as shall be determined necessary by the Department of Administrative Services
through the promulgation of rules and regulations."
SECTION 3.
Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,
relating to the Georgia State Indemnification Fund, is amended by adding a new Code
section to read as follows:
<ins>"45-9-86.1.
(a) Notwithstanding subsection (d) of Code Section 45-9-86, a public safety officer or his
or her legal guardian may submit an application for indemnification with respect to a claim
for total permanent disability between July 1, 2026, and August 1, 2026, when:
(1) The total permanent disability is due to organic brain damage incurred by a public
safety officer in the line of duty on or before July 1, 2024; and
(2) The organic brain damage incurred required extended recovery such that it impaired
the capacity of the public safety officer to the extent it prevented his or her ability to
make an application for indemnification within the time required by subsection (d) of
Code Section 45-9-86.
(b) An application submitted under this Code section shall be accompanied by
documentation prescribed by the department to demonstrate the public safety officer
satisfies the requirements of subsection (a) of this Code section.
(c) This Code section shall stand repealed on July 1, 2030."
</ins> SECTION 4.
This Act shall become effective on July 1, 2026.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.