05 LC
28 2068
Senate
Bill 146
By:
Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Kemp of
the 46th, Hamrick of the 30th and
others
AS PASSED
AS PASSED
AN
ACT
To
amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating
to the Georgia Bureau of Investigation, so as to change a definition; to change
the title of the director; to change certain provisions concerning authorizing
the Antiterrorism Task Force to share information and work with other agencies;
to amend Code Section 25-2-33 of the Official Code of Georgia Annotated,
relating to release of fire loss information by insurers on request by state
official, and Code Section 45-7-7 of the Official Code of Georgia Annotated,
relating to compensation and allowances of certain officials not be changed
without giving public notice, so as to correct the title of the director of the
Georgia Bureau of Investigation; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by striking paragraph (2) of Code Section
35-3-1, relating to definitions, and inserting in lieu thereof a new paragraph
(2) to read as follows:
"(2)
'Director' means the director of the Georgia Bureau of
Investigation."
SECTION
2.
Said
chapter is further amended by striking subsection (a) of Code Section 35-3-5,
relating to the director of investigation, and inserting in lieu thereof a new
subsection (a) to read as follows:
"(a)
There is created the position of
director."
SECTION
3.
Said
chapter is further amended by striking Code Section 35-3-7, relating to
agreements by director and commissioner for provision of services and material,
and inserting in lieu thereof a new Code Section 35-3-7 to read as
follows:
"35-3-7.
The
director and the commissioner of public safety are authorized to enter into
agreements, subject to approval of the Board of Public Safety, for the provision
of such services, material, or combination thereof as may be useful in the
performance of the official duties of the bureau or the
department."
SECTION
4.
Said
chapter is further amended by striking Code Section 35-3-9.2, relating to mobile
cocaine education van, and inserting in lieu thereof a new Code Section 35-3-9.2
to read as follows:
"35-3-9.2.
Reserved."
SECTION
5.
Said
chapter is further amended by striking Code Section 35-3-64, relating to
confidentiality of investigative reports and identity of agents, and inserting
in lieu thereof a new Code Section 35-3-64 to read as follows:
"35-3-64.
All
efforts shall be made to maintain the confidentiality of the investigative
efforts of the Antiterrorism Task Force and the identity of agents who operate
in undercover assignments. Information may, however, be shared with other law
enforcement agencies when, in the sole discretion of the director, the sharing
of such information would not compromise the successful completion of the
investigation or cases being
made."
SECTION
6.
Said
chapter is further amended by striking Code Section 35-3-65, relating to
authority to work with other law enforcement agencies, and inserting in lieu
thereof a new Code Section 35-3-65 to read as follows:
"35-3-65.
The
Antiterrorism Task Force shall be authorized to work with and seek the
assistance of other law enforcement agencies when, in the sole discretion of the
director, such assistance would not compromise the successful completion of the
investigations or cases being
made."
SECTION
7.
Code
Section 25-2-33 of the Official Code of Georgia Annotated, relating to release
of fire loss information by insurers on request by state official, is amended by
striking subsection (a) and inserting in lieu thereof a new subsection (a) to
read as follows:
"(a)
The state fire marshal, any deputy designated by the state fire marshal, the
director of the Georgia Bureau of Investigation or the chief of a fire
department of any municipal corporation or county where a fire department is
established may request any insurance company investigating a fire loss of real
or personal property to release any information in its possession relative to
that loss. The company shall release the information to and cooperate with any
official authorized to request such information pursuant to this Code section.
The information to be released shall include, but is not limited
to:
(1)
Any insurance policy relevant to the fire loss under investigation and any
application for such a policy;
(2)
Policy premium payment records on the policy, to the extent
available;
(3)
Any history of previous claims made by the insured for fire loss with the
reporting carrier; and
(4)
Material relating to the investigation of the loss, including statements of any
person, proof of loss, and any other relevant
evidence."
SECTION
8.
Code
Section 45-7-7 of the Official Code of Georgia Annotated, relating to
compensation and allowances of certain officials not be changed without giving
public notice, is amended by striking subsection (b) and inserting in lieu
thereof a new subsection (b) to read as follows:
"(b)
Subsection (a) of this Code section shall apply to the compensation and
allowances of the commissioner of community affairs, the director of the
Employeeś
Retirement System of Georgia, the director of the State Forestry Commission, the
director of the Georgia Bureau of Investigation, the executive director of the
Georgia Franchise Practices Commission, the commissioner of human resources, the
commissioner of economic development, the commissioner of natural resources, the
commissioner of public safety, the chancellor of the University System of
Georgia, the president or executive director of the Georgia Student Finance
Commission, the executive director of the State Soil and Water Conservation
Commission, the executive secretary-treasurer of the Teachers Retirement System
of Georgia, the commissioner of transportation, and the executive director of
the State Ethics
Commission."
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.