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| Georgia General Assembly |
HB389.html
01 LC 21 6174
House Bill
389
By: Representative Snow of the 2nd
A BILL TO BE
ENTITLED
AN ACT
To amend Article 1 of Chapter 3 of Title 35 of the Official
Code of Georgia Annotated, relating to general provisions relative to the
Georgia Bureau of Investigation, so as to repeal a prohibition against narcotics
agents being members of the Employees´ Retirement System of Georgia; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 1 of Chapter 3 of Title 35 of the Official Code of
Georgia Annotated, relating to general provisions relative to the Georgia Bureau
of Investigation, is amended by striking in its entirety subsection (h) of Code
Section 35-3-9, relating to narcotics agents, and inserting in lieu thereof the
following:
"(h)
Persons retained as narcotics agents shall be considered persons in the service
of the bureau under a contract of hire with that agency whose employment of
those persons as narcotics agents shall be considered an employment in the usual
course of the business of that agency. Persons retained by the bureau as
narcotics agents shall have all the rights and privileges of other employees of
the bureau; provided, however, that such persons shall be in the unclassified
service of the State Merit System of Personnel Administration and therefore
shall not be governed by any rules of position, classification, appointment,
promotion, demotion, transfer, dismissal, qualification, compensation, seniority
privileges, tenure, or other such matters concerning their employment
established by the State Personnel Board, the State Merit System of Personnel
Administration, or any successor boards or agencies; provided, further,
that persons retained as narcotics agents shall not be authorized to be members
of the Employees´ Retirement System of Georgia, as established by Chapter 2
of Title 47."
SECTION 2.
Said article is further amended by striking in its entirety
Code Section 35-3-10, relating to participation by bureau personnel and director
in the Employees´ Retirement System of Georgia, and inserting in lieu
thereof the
following:
"35-3-10.
(a)
All personnel and the director of the bureau are authorized to be members of the
Employees´ Retirement System of Georgia, as established by Chapter 2 of
Title 47. All rights, credits, and funds in the retirement system which are
possessed by any personnel of the bureau, including the director, at the time of
employment in the bureau are continued; and it is the intention of the General
Assembly that such personnel and the director shall not lose any rights,
credits, or funds to which they were entitled prior to being employed with the
bureau.
(b) This Code section shall not apply
to narcotics agents as provided for in Code Section 35-3-9.
"
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.