Georgia 2023-2024 Regular Session

Georgia Senate Bill SB371 Latest Draft

Bill / Comm Sub Version Filed 03/21/2024

                            24 LC 39 4398S
The House Committee on Public Safety and Homeland Security offers the following
substitute to SB 371:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated,1
relating to general provisions of workers' compensation, so as to require the State Board of2
Workers' Compensation to notify the Department of Administrative Services when the board3
has reasonable cause to believe that an injured worker is an eligible peace officer; to provide4
for a definition; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated,5
relating to general provisions of law enforcement officers and agencies, so as to require a6
certain notification to certain peace officers who become disabled in the line of duty under7
certain circumstances; to provide for a definition; to provide for related matters; to provide8
for a short title; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
This Act shall be known and may be cited as the "Daniel D. Podsiadly, Jr. Act."12
                                                                S. B. 371 (SUB)
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SECTION 2.13
Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to14
general provisions of workers' compensation, is amended by adding a new Code section to15
read as follows:16
"34-9-26.17
(a)  As used in this Code section, the term 'eligible peace officer' means any individual who18
is employed on a full-time or part-time basis by the state or any municipality, county, or19
other political subdivision thereof; who is required by the terms of such employment,20
whether by election or appointment, to maintain public order or to make arrests for all21
criminal offenses; who is required by the terms of such employment to comply with the22
requirements of the 'Georgia Peace Officer Standards and Training Act' contained in23
Chapter 8 of Title 35; and who suffers permanent or temporary disability in the line of duty24
due to a direct interaction with a criminal suspect, arrestee, or inmate.25
(b)  In the event that the State Board of Workers' Compensation has reasonable cause to26
believe that an injured worker is an eligible peace officer, the board shall notify the27
Department of Administrative Services.  Additionally, the board shall notify the injured28
employee of such belief and such notification shall include such appropriate contact29
information of the Georgia State Indemnification Fund and the temporary disability30
compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 9 of Title 4531
and other information as shall be determined necessary by the Department of32
Administrative Services through the promulgation of rules and regulations."33
SECTION 3.34
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general35
provisions of law enforcement officers and agencies, is amended by adding a new Code36
section to read as follows:37
                                                                S. B. 371 (SUB)
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"35-1-24.38
(a)  As used in this Code section, the term 'eligible peace officer' means any individual who39
is employed on a full-time or part-time basis by the state or any municipality, county, or40
other political subdivision thereof; who is required by the terms of such employment,41
whether by election or appointment, to maintain public order or to make arrests for all42
criminal offenses; who is required by the terms of such employment to comply with the43
requirements of the 'Georgia Peace Officer Standards and Training Act' contained in44
Chapter 8 of this title; and who suffers permanent or temporary disability in the line of duty45
due to a direct interaction with a criminal suspect, arrestee, or inmate.46
(b)  Each law enforcement agency of this state shall notify every employee whom such47
agency has reasonable cause to believe may be an eligible peace officer of the existence48
of the Georgia State Indemnification Fund and the Georgia State Indemnification49
Commission.  Such notification shall be given within ten days of such employee suffering50
an injury which may reasonably cause such employee to suffer a permanent or temporary51
disability.  Additionally, such notification shall include such appropriate contact and other52
information as shall be determined necessary by the Department of Administrative Services53
through the promulgation of rules and regulations.54
(c)  In the event that a peace officer settles his or her claim with the workers' compensation55
carrier and does not appeal to the State Board of Workers' Compensation, such peace56
officer may apply directly for compensation or indemnification in accordance with57
Chapter 9 of Title 45."58
SECTION 4. 59
All laws and parts of laws in conflict with this Act are repealed.60
                                                                S. B. 371 (SUB)
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