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February
1 , 2008
GRA has not yet taken a position on any legislation.
Please provide us with your input on the following bills.
IN THIS ISSUE:
SENATE APPROVES FIRST VETO OVERRIDE IN 34 YEARS
RETAIL DAY, FEBRUARY 13, 2008
HOUSE PASSES MODIFIED CREDIT FILE FREEZE BILL
SUNDAY ALCOHOL SALES BILL COMING BACK
NEW HOUSE BILLS
PREVIOUSLY REPORTED BILLS
"It's about food. It's about your home. It's about your life.
The government is worried about all of the above. All I'm saying
is you should be worried they're worried. Here's why: They're telling
you that you can't take care of yourself. You can't be trusted with
what you put in your mouth or what you sign on the mortgage dotted
line. So they'll tell you what to put in your mouth and they'll
save you from what you signed on that dotted line. Does anyone see
a trend here? Personal responsibility has now become government
responsibility." Neil Cavuto, FOX News
Senate Approves First Veto Override In 34 Years
The state Senate voted on Monday by a 47 to 7 margin to approve
the override of one of 12 that the House passed on the opening day
of the session. The bill is a relatively minor piece of legislation
that would officially create separate House and Senate budget offices
in the Legislature.
Far more important was the signal it sent.
"It's historic," said Senate President Pro Tem Eric Johnson,
a Savannah Republican. "Once the barn door is open it's hard
to shut it again."
Rules Committee Chairman Don Balfour, a Snellville Republican, said
the chamber could still take up additional overrides, but provided
no timetable.
Sen. Steve Thompson voted for the override but said he was worried
about the "gamesmanship" at work.
"We
should not ever try to micromanage the state," said Thompson,
D-Marietta.
Lt. Gov. Casey Cagle issued a statement immediately after the vote
in which he stressed that the Senate had given the measure "thoughtful
and appropriate consideration."
"While we respect the office of the governor, the Senate agreed
it was important that the language in this bill reflect the role
the Senate budget office plays in providing valuable assistance
to the Senate throughout the budget process," Cagle said.
Perdue said the disagreement was over what he described as a technical
flaw in the original bill.
"It
was not a huge policy issue," Perdue said. "I'm fine with
that from a policy perspective."
He
praised the Senate for handling the matter in "a very respectful
way."
Retail Day at the Capitol
Please plan to attend Retail Day at the Capitol which will be held
on Wednesday, February 17th from 10:00 AM until 2:00 PM. Come visit
and eat lunch with your legislators; meet other retailers; and learn
of the issues that may affect your bottom line!
It is time for the retail community to stand and be counted!
Thank you.
House Passes Modified Credit File Freeze Bill
The Georgia House of Representatives vigorously debated amendments
to HB 130, the Credit File Freeze Bill,
this week. In the end, the fees charged by the credit reporting
agencies to place a lift of a credit freeze was limited to $3 (compared
to $10 in the un-amended bill). Other provisions including the need
for a certified letter for the initial freeze request and a 10-business-day
period for receipt of a pin from the credit reporting agency were
kept in place. The act would be effective August 1, 2008, if passed
by the Senate.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb130.htm
Sunday Alcohol Sales Bill Coming Back For 2008 Session
The push to allow a community by community referendum on the Sunday
sales of alcohol in will be back for the 2008 legislative session.
A recent Mason Dixon poll asked 625 registered voters, “Do
you support a proposal to permit counties to hold referendums to
decide whether or not they will allow the sale of beer and wine
in grocery stores on Sundays?” 65% of respondents supported
Sunday Sales with only 33% opposing. Most notably 41% said they
strongly support the proposal, signaling tremendous intensity behind
the proposal.
State House Leaders Push New Tax Break
Georgia state House members are doing their part to make any economic
stimulus package adopted by the Congress stretch a little further.
Representative Chuck Martin (R) is pushing legislation co-sponsored
by leaders of both parties to make sure Georgians don't have to
pay state income taxes on the stimulus checks they might be receiving
from the federal government. And, unlike the stimulus plan, Martin
said his bill doesn't have any income caps. As a result, more affluent
Georgians who don't receive a check would also get a tax break if
the measure is approved.
New House Bills
HB 1028, A 2% Fee on Money Orders and
Money Transmission, sponsored by representatives Tom Rice (R),
51st District, Barry Fleming (R), 117th District, Jerry Keen (R),
179th District, James Mills, (R), 25th District, and Calvin Hill
(R), 21st District, would to apply a 2% fee to the money transmission
business for all money transmitted. It would provide for a 20% deduction
by the agent selling of the transmission. A bona fide taxpayer would
be able to collect a credit against his/her taxes for the wire transmission
fees. Therefore, it is primarily aimed at illegals and non-taxpayers.
The monies raised through this bill would be applied to trauma care.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1028.htm
HB 1029, Economic Stimulus Tax Break,
sponsored by representatives Chuck Martin (R), 47th District, Mark
Burkhalter (R), 50th District, Jerry Keen (R), 179th District, Ben
Harbin (R), 118th District, and DuBose Porter (D), 143rd District,
would provide a one-time relief for Georgians from any tax liability
related to the checks received as part of the Federal Economic Stimulus
measure.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1029.htm
HR 1037, Ad Valorem Inventory Tax Relief,
sponsored by Representative Ron Stephens (R), 164th District proposes
an amendment to the Constitution so as to authorize the governing
authority of any county or municipality, subject to referendum approval,
to exempt from ad valorem taxation, in whole or in part, inventories
of retail businesses.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1037.htm
HR 1028, Ad Valorem Inventory Tax Relief
for Furniture, sponsored by Representative Ron Stephens (R),
164th District proposes an amendment to the Constitution so as to
authorize the governing authority of any county or municipality,
subject to referendum approval, to exempt from ad valorem taxation,
in whole or in part, inventories of retail furniture businesses.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1038.htm
Previously Reported House Bills
HB 89, Firearm; carrying and possession,
change provisions, sponsored by representatives Timothy Bearden
(R), 68th District, Billy Horne (R), 71st District, Mark Hatfield
(R), 177th District, Gene Maddox (R), 172nd District and Tommy Smith
(R), 168th, would:
• Allow those with a concealed carrying permit to carry a
gun onto private property, including a work place, unless the owner
of that property has a policy against guns on the property.
• Preclude an employer from having as a condition of employment
a prohibition against those with a licensed, concealed carry permit
onto the company’s parking lot, unless the owner of the property
has such a policy.
• Would exempt employers from allowing licensed, concealed
carry permit holders if the parking lot is secured by means of a
gate, security station, or security officer.
• Section 3 (e) of the bill provides blanket immunity for
an employer, property owner, or property owner’s agent from
civil or criminal actions resulting from damages arising out of
an occurrence involving the transportation, storage, possession,
or use of a firearm, unless the employer knew that the person using
the firearm would commit such criminal activity on the employer’s
premises.
• Protect the employment of will provision whereby an employee
may be fired for carrying a gun against policy.
• Give Georgia motorists who carry firearms in their vehicles
the ability to carry the firearms anywhere they wish, rather than
being limited to a glove box or console or somewhere in plain set.
• Require any legal complaints to be handled by the Attorney
General.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb89.htm
HB 130, File Freeze Bill, sponsored
by representatives Calvin Hill (R), 21st District, James Mills (R),
25th District, John Meadows (R), 5th District, Terry England (R),
108th District and Tommy Benton (R) 31st District would allow a
consumer to freeze his or her credit file for a $10 maximum fee
per credit bureau. The bill would require a fifteen minute file
thaw (a provision worked on by GRA) with the cost, again, being
limited to a maximum of $10. The bill, if approved by the Senate,
will be effective on August 1, 2008.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb130.htm
HB 895, Expansion of the Energy Star
Sales Tax Holiday, sponsored by Representative Kevin Levitas,
(D), 82nd District, would provide for an expansion of the Energy
Star sales tax holiday to include the purchase of energy efficient
products or water efficient products with a sales price of $1,500.00
or less per product purchased for noncommercial home or personal
use. The sales tax period would be the same as Jill Chambers bill
- 12:01 A.M. on October 2, 2008, and concluding at 12:00 Midnight
October 5, 2008.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb895.htm
HB 896, Income tax credit; qualified
ad valorem tax expenses, sponsored by Representative Kevin Levitas,
(D), 82nd District, would provide for an income tax credit with
respect to qualified ad valorem tax expenses.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb896.htm
HB 897, Tax Credit for Energy Efficient
Appliances, sponsored by representatives Karla Drenner (D),
86th District, Tom McCall, (R), 30th District, John Lunsford (R),
110th District, Stephanie Stuckey Benfield (D), 85th District, and
Michele Henson (D), 97th District, would provide an individual tax
credit for the purchase price of certain energy efficient appliances:
Those appliances are:
• Clothes washers determined by the United States Department
of Energy Appendix JI
with a tub volume greater than 2.0 cubic feet shall have a minimum
Modified Energy Factor (MEF) of 1.40 and a maximum Water Factor
(WF) of 9.50 gallons/cubic foot/cycle;
• Clothes washers with a tub of 2.0 cubic feet or less shall
have a minimum Modified Energy Factor (MEF) of 1.40 and a maximum
Water Factor (WF) of 10.25 gallons/cubic foot/cycle;
• Refrigerator/freezers having at least 15 percent lower energy
consumption than that allowed by the July 1, 2001, United States
Department of Energy standard for refrigerator/freezers;
• Freezers having at least 15 percent lower energy consumption
than that allowed by the July 1, 2001, United States Department
of Energy standard for freezers;
• Dishwashers having an Energy Factor of 0.58 cycles/kWh or
better; and
• Water heaters meeting the efficiency requirements as determined
by the Energy Factor established by the United States Department
of Energy
http://www.legis.ga.gov/legis/2007_08/fulltext/hb897.htm
HB 901, Parent Protection Act, sponsored
by representatives Roger Bruce (D), 64th District, Margaret Kaiser
(D), 59th District, John Lunsford (R), 110th District, Bill Hembree,
(R), 67th District, and Howard Mosby (D), 90th District, would require
employers to allow parents to use annual leave, personal leave,
sick leave, compensatory leave, or other similar leave to attend
school conferences, medical appointments of the employee or the
employee´s family members, or similar activities. This bill
would require a 48 hour written notice from the employee to the
employer to utilize such leave.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb901.htm
HB 912, Limiting the Sale of Alcohol,
sponsored by representatives Mary Margaret Oliver (D), 83rd District,
Kevin Levitas (D), 82nd District, Ed Lindsey (R), 54th District,
Fran Millar (R), 79th District, and Don Wix (D), 33rd District,
would regulate the sale of alcoholic beverages for consumption on
the premises in any county or municipality to make it unlawful to
sell alcohol for consumption of the premises from 2:30 A.M. until
9:00 AM each day of the week and weekend.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb912.htm
HB 915, “Second Amendment Protection
Act of 2008”, sponsored by Representative Tim Bearden,
(R), 68th District, would make wide changes to the state’s
gun laws.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb915.htm
HB 923, Providing for Two Insurance Choices,
sponsored by representatives Carl Rogers (R) 26th District, Ben
Harbin (R) 118th District, Mark Burkhalter (R) 50th District, and
Jay Shaw (D), 176th District would require insurers offering insurance
to small businesses (defined by the bill as from 1 to 99 employees)
to offer at least two choices of approved accident and sickness
insurance products to health insurance consumers. It would allow
insurers to impose up to 18 months´ preexisting condition
limitations upon any sole proprietor small group if such sole proprietor
cannot furnish evidence of prior creditable coverage from prior
group or individual health insurance coverage or prior employer
group self-funded coverage.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb923.htm
HB 926, Defining the Internal Revenue
Code, sponsored by Representative Larry O’Neal (R) 146th
District, would incorporate certain provisions of the federal law
into Georgia law.
http://www.legis.ga.gov/legis/2007_08/sum/hb926.htm
HB 940, Prohibiting Microchip Implantation,
sponsored by representatives Ed Setzler (R), 35th District, Barry
Loudermilk (R), 14th District and Tyrone Brooks (D), 63rd District
would make it a civil crime with a penalty of up to a $10,000 fine
to require a person to have a microchip implanted, other than on
a voluntary basis.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb940.htm
HB 946, Require High Efficient Plumbing
Fixtures, sponsored by representatives Karla Drenner (D), 86th
District, Tom McCall, (R), 30th District, John Lunsford (R), 110th
District, Stephanie Stuckey Benfield (D), 85th District, and Michele
Henson (D), 97th District, would preclude the construction or sale
of private and/or commercial properties unless high efficient faucets,
toilets, urinals and shower heads were installed and would require
replacing old fixtures with high efficiency models.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb946.htm
HB 947, Income Tax Credit for Replacing
Plumbing Fixtures, sponsored by representatives Karla Drenner
(D), 86th District, Tom McCall, (R), 30th District, John Lunsford
(R), 110th District, Stephanie Stuckey Benfield (D), 85th District,
and Michele Henson (D), 97th District, would make it a misdemeanor
to install non-complying fixtures and would require each manufacturer
selling products in Georgia to offer high-efficiency water closets
and urinals in the following amount:
Fifty percent in 2010
Sixty-seven percent in 2011
Seventy-five percent on 2012
Eighty-five percent in 2013
One hundred percent in 2014
http://www.legis.ga.gov/legis/2007_08/fulltext/hb947.htm
HB 948, Sales Tax Holidays, sponsored
by representatives Lynn Smith (R), 70th District, Jan Jones (R)
46th District, Penny Houston, (R), 170th District, Thunder Tumblin
(R), 38th District and Gloria Ramsey, (D) 72nd District, and Brooks
Coleman (R), 97th District, is the 2008 sales tax holidays bills.
The back-to-school sales tax holiday would be July 31st to August
3, 2008 and the Energy STAR sales tax holiday would be October 2,
2008 to October 5, 2008.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb948.htm
HB 952, Storage of Scrap Tires, sponsored
by Representative Virgil Fludd (D), 66th District, would institute
tighter controls of the storage of scrap automobile tires.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb952.htm
HB 956, Appeal of Zoning Judgments and
Rulings, sponsored by representatives Doug Holt (R), 112th District,
Wendell Willard (R), 49th District, Jay Roberts (R), 154th District,
and Terry England, (R), 108th District, would provide for direct
appeal of zoning decisions.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb956.htm
HB 973, Georgia Trauma Hospital Support
Act of 2008, sponsored by representatives Harry Geisinger (R),
48th District, Sharon Cooper (R) 41st District, Wendell Willard
(R), 49th District, Austin Scott (R), 153rd District and DuBose
Porter (D), 143 District, would add $1.00 per month for wireless
subscriber to fund trauma care.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb973.htm
HB 976, Premium Tax Exemption for High
Deductible Health Plan Premiums, sponsored by Representative
Tom Knox (R), 24th District, would allow a premium tax exemption
for certain high deductible health plans sold or maintained in connection
with a health savings account.
http://www.legis.ga.gov/legis/2007_08/sum/hb976.htm
HB 977, Tax Exemption for High Deductible
Health Plan Premiums, sponsored by Representative Tom Knox (R),
24th District, would allow an income tax exemption for certain high
deductible health plans sold or maintained in connection with a
health savings account.
http://www.legis.ga.gov/legis/2007_08/sum/hb977.htm
HR 900, The Great Tax Plan For Georgia,
sponsored by representatives Glenn Richardson (R), 19th District,
Jerry Keen (R), 179th District, Mark Burkhalter (R), 50th District,
Larry O’Neal (R), 146th District, Barry Fleming (R), 117th
District and Jay Roberts (R) 154th District, provides a credit to
each taxpayer with a homestead exemption for their homestead’s
education tax liability, provides each school district with a payment
from the state equal to the lost revenue from homesteads, abolishes
Ad valorem taxes on personal automobiles, and provides that every
local government will receive payment from the state for the dollars
lost from the ad Valorem automobile tax.
http://www.legis.ga.gov/legis/2007_08/sum/hr900.htm
HR 1012, County ad valorem tax; state-wide
base value homestead exemption, sponsored by Representative
Kevin Levitas, (D), 82nd District proposes a constitutional amendment
that would freeze property tax assessments at their current level,
but only for the county portion of the tax bill. (The school portion
is often as much, if not more. Municipal levies also would not be
affected.)
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1012.htm
HR 1013, Ad valorem property tax; certain
homestead exemptions; General Assembly, sponsored by Representative
Kevin Levitas, (D), 82nd District, is an even broader that would
allow the Legislature to freeze assessments for “any or all”
ad valorem taxes.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1013.htm
Previously Reported Senate Bills
SB 338, Prohibiting Prior Authorization
for Prescriptions, sponsored by senators Jack Murphy, 27th District,
Lee Hawkins (R), 49th District, Don Thomas, (R) 54th District, Bill
Heath (R), 31st District, and Tommy Williams (R), 19th District,
would preclude the practice of prior authorization of prescriptions
by insurance carriers. Generally, this is done to require brand
name drugs rather than generic equivalents.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb338.htm
SB 351, State Water Plan, sponsored
by senators Bill Cowsert (R), 46th District, Ross Tolleson, (R),
20th District, John Bulloch (R), 11th District, Tommy Williams,
(R), 19th District, and Vance Smith (R), 52nd District, would provide
for a joint State-wide Water Planning Oversight Committee.
http://www.legis.ga.gov/legis/2007_08/sum/sb351.htm
SB 357, Direct Shipment of Wine,
sponsored by senators Rene Unterman (R), 45th District, Cecil Staton
(R), 18th District, Bill Cowsert, (R), 46th District, Seth Harp
(R), 29th District, and David Shafer (R), 50th District, would the
direct shipment of wine to Georgia residents as well as the collection
and submission of retail sales tax on such purchases.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb357.htm
SB 361, Credit File Freeze, sponsored
by senators Chip Rogers (R), 21st District, William Hamrick (R),
30th District, David Shafer (R), 48th District, Johnny Grant (R),
25th District, Greg Goggans (R), 7th District, Mitch Seabaugh (R)
28th District and Cecil Staton (R), 18th District is similar to
HB 130 passed by the House Banks and Banking Committee with the
exception that it does not address the amount of fees to be collected
by the credit bureaus.
The Senate bill provides for "Not more than $2,500 for a violation
or series of violations concerning a specific consumer; and not
more than $100,000 in aggregate for related violations concerning
more than one consumer," while the House version has a $100
penalty.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb361.htm
SR 686, Ad Valorem Taxation; freezing
values of existing residential real property;provide conditions/limitations,
sponsored by Senate President Pro Tem Eric Johnson (R), 1st District,
proposes a constitutional amendment to freeze residential at 2008
levels until the property is sold.
http://www.legis.ga.gov/legis/2007_08/fulltext/sr686.htm
Thank you.
John C. Heavener, MSM, CAE
President
johnh@georgiaretail.org
Telephone – 770-484-3449, ext. 21
Fax – 770-484-5727
Georgia Retail Association
About GRA: The Georgia Retail Association, with
membership that comprises all retail formats and channels of distribution
including department, specialty, discount, catalog, Internet, independent
stores, and grocery stores has been serving the state’s business
community since 1961. The Georgia Retail Association represents
an industry with more than 71,300 retail establishments, and more
than 715,000 employees - about one in five of Georgia’s workers
- and 2004 sales of $115.2 billion.
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