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
A
BILL TO BE ENTITLED
AN ACT
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
investigation
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
of
investigation."
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 of
investigation 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.
The
Georgia Bureau of Investigation is authorized to purchase, operate, and maintain
a mobile cocaine education van which shall be available to schools, industries,
and communities desiring to teach youths and adults about the dangers of cocaine
and other controlled substances. The van shall be equipped with displays,
visual aids, books, pamphlets, video films, and other educational items and be
manned by a trained instructor. The director shall offer the mobile cocaine
education van free of charge to any school, industry, community, or other
organization in this state which is interested in publicizing the dangers of
cocaine and other controlled substances to the
public
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
of
investigation or the director of the Antiterrorism Task
Force, 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 of
investigation or the director of the Antiterrorism Task
Force, 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
investigation 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
Employees´ Retirement System of Georgia, the director of the State Forestry
Commission, the director
of
investigation 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.