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 Code of Georgia Annotated,
relating to registration and licensing generally, so as to revise the authorized use of money
distributed from the Back the Blue Fund; to revise collection procedures; to provide for
legislative intent; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to
registration and licensing generally, is amended by revising Code Section 40-2-26.1, relating
to voluntary contributions to Back the Blue Fund, as follows:
"40-2-26.1.
(a) This Code section shall be known and may be cited as the 'Back the Blue Act.'
(b) The General Assembly finds that:
(1) It is in the best interest of this state to provide a mechanism to support a program that
encourages the hiring and retaining of law enforcement officers and promotes public
safety for the benefit of the citizens of Georgia;
(2) Hiring and retaining experienced law enforcement officers increases public safety,
builds stronger communities, and restores trust and goodwill between communities and
law enforcement officers;
(3) Evidence shows that supplementing pay and enhancing benefits attract better job
applicants and improve the retention of experienced law enforcement officers; and
(4) Retaining experienced law enforcement officers means fewer hiring and training
expenses for law enforcement agencies.
(c) As used in this Code section, the term:
(1) 'Back the Blue Fund' means the fund established by this Code section.
(2) 'Sheriff' means the duly elected or appointed sheriff of each county in this state.
(d) There is created the Back the Blue Fund for the purpose of <del>providing bonus payments
to</del> <ins>supporting training and retention of</ins> certified peace officers employed under a sheriff in
this state. The state revenue commissioner shall be the custodian of the Back the Blue
Fund and shall administer such fund as further provided in this Code section.
(e) No later than January 1, 2025, the state revenue commissioner shall include on the
form provided for in Code Section 40-2-26 a place for an applicant to elect to contribute
an amount of $5.00 to the Back the Blue Fund. Any such voluntary contribution shall be
made at the discretion of the applicant at the time of application in addition to the payment
of any other fees required under this chapter.
(f) County tag agents shall hold voluntary contributions to the Back the Blue Fund
collected pursuant to this Code section in a fiduciary capacity, and such money received
shall be promptly accounted for, separated from other moneys received, and reasonably
ascertainable. Such collected voluntary contributions shall be included in the weekly
reports and remittances provided for in Code Section 40-2-34; provided, however, that any
funds collected pursuant to this Code section shall not be deposited in the general fund of
the state treasury.
(g) No later than January 1, 2026, and annually thereafter, the state revenue commissioner
shall distribute <del>moneys</del> <ins>money</ins> from the Back the Blue Fund to the <ins>Georgia Peace Officer
Standards and Training Council,</ins> <del>Georgia Sheriffs' Association,</del> which shall distribute such
moneys in equal portions to the sheriff of each county in this state on a per county basis.
The state revenue commissioner shall determine a reasonable amount, not to exceed 1
percent of the fund annually, that may be retained for actual administrative costs.
(h) Money distributed from the Back the Blue Fund shall only be used <del>for bonus payments
to certified peace officers employed under a sheriff and shall be distributed equitably and
fairly. Such fund shall not be used to supplement a sheriff's salary nor to supplant or
replace funding by the county governing authority for the operation of the office of sheriff
</del> <ins>for training or retention of certified peace officers employed by county sheriffs or any other
costs incurred by county sheriffs' offices relating to such training.
</ins> (i) <ins>It is the intent of the General Assembly that when the sheriff of any county utilizes
money from the Back the Blue Fund pursuant to this Code section for training of certified
peace officers, any money otherwise allocated to such sheriff by the county governing
authority for training purposes be used to increase salaries of certified peace officers
employed by such sheriff. Money distributed from the Back the Blue Fund shall not be
used to supplement the salary of a sheriff nor supplant or replace funding by a county
governing authority for the operation of the office of sheriff.</ins> <del>Each sheriff shall have sole
discretion in determining the allocation of bonus payments to certified peace officers
employed under such sheriff in accordance with this Code section.
</del> (j) The state revenue commissioner is authorized and directed to establish procedures and
promulgate rules and regulations to effectuate the purposes of this Code section.
(k) This Code section shall stand repealed by operation of law on July 1, 2029."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.