Capitol Retail Report February 23, 2007

February 23 , 2007

IN THIS ISSUE:
* GRA OPPOSES REMOVING TAX CREDIT FROM RETAILERS
* MINIMUM WAGE BILL NARROWLY DEFEATED
* SUNDAY SALES HEARING RESCHEDULED
* HB 196 TAKES A NASTY TURN
* HELP NEEDED WITH SENATE “GUNS IN PARKING LOT” BILL
* HOUSE BILLS OF INTEREST
* SENATE BILLS OF INTEREST
* PREVIOUSLY REPORTED BILLS
* GRA SESSION AGENDA

GRA Opposes Removing Tax Credit From Retailers

GRA was one of seven witnesses who spoke in opposition to the HB 361, a bill which would have eliminated the retraining tax credit for retailers only. GRA, a representative from The Home Depot, Terry McMillan of McMillian & Associates, and Ray Wallace of Wallace, The Training Cost Recovery Company, addressed the unfairness of the proposal in relation to the state’s retail businesses.

The hearing was the first of two possible hearings for the bill. We believe that the testimony provided will effectively kill the bill – however, we will be watching this issue for activity.

Minimum Wage Bill Narrowly Defeated

SB 13, which would have increased the state's minimum wage by $2.10 by Jan 1, 2008 failed to pass the Senate Labor and Insurance Committee Wednesday by a hair's breadth. The proposal included a provision to annually adjust the state's minimum wage based on any increase in the cost of living. The bill also removed some exemptions from the current state minimum wage law, such as farm owners, sharecroppers and land renters.

Bruce E. Kaufman, an economics professor at Georgia State University, argued that many businesses are not paying for the full cost of their labor and are benefiting from government subsidies in their favor.

Among the members of the Senate Labor and Insurance Committee who considered the bill, Sen. Chip Rogers (R-Woodstock) voiced the most concerns about SB 13. Yet, Rogers offered four amendments in an attempt to at least get the bill before the full Senate for debate. Rogers suggested that businesses with sales of less than $100,000 or fewer than 10 employees be exempt from the bill. He also suggested that the bill not include "dependents" in addition to high school or college students. Finally, Rogers amended the bill to get rid of the annual cost of living increase. Brown agreed with Roger's changes.

The committee members voted in favor of the amendments and the bill by a vote of 4-3.

But chairman Ralph Hudgens (R-Comer) decided to oppose the bill — making the vote a tie, and thereby, killing SB 13. Senator Hudgens has announced he will run for the seat of the late U.S. Rep. Charlie Norwood.

Sunday Sales Hearing Rescheduled

Committee Chairman David Shafer held an alcohol–related hearing on the Merlot to Go Bill, but fell short of the implied promise to hear testimony on pending Sunday sales legislation. However, he has agreed to hear testimony on Sunday sales. That hearing has been rescheduled for Wednesday, February 28th at 3:00PM.

If you support Sunday sales of alcohol, your help is needed in two ways. We need you to contact Regulated Industries Committee members, and we need to pack the room on Wednesday with those who support these bills. Please voice your support for SB 137. At this time, the swing votes seem to be Mitch Seabaugh, Ed Harbison, Jack Hill and Jack Murphy. Please make those four Senators your top priority in making calls.

David Shafer (committee chair) 404-651-7738, david.shafer@senate.ga.gov
Eric Johnson 404-656-5109, ejohnson@legis.state.ga.us
Ed Harbison 404-656-0074, ed.harbison@senate.ga.gov
Gloria Butler 404-656-8055, glora.butler@senate.ga.gov
Steve Henson 404-656-0085, stevehenson@mindspring.com
Jack Hill 404-656-5038, jack.hill@senate.ga.gov
Mitch Seabaugh 404-656-6446, mail@mitchseabuagh.com
Doug Stoner 404-463-2518, doug.stoner@senate.ga.gov
Regina Thomas 404-463-7784, regina.thomas@senate.ga.gov
Ross Tolleson 404-656-0081, ross.tolleson@senate.ga.gov
Tommie Williams 404-656-0081, tommie@tommiewilliams.com

HB 196 Takes A Nasty Turn

HB 196 received a hearing this week in the House Agriculture and Consumer Affairs Committee. At that time two possible committee substitute bills were introduced. One committee substitute 4812S added a provision that a grantor of credit, including retailers, would have to notify a consumer of any negative mark placed on their credit in writing within seven days. Needless to say, we are fighting this possible version of HB 196.

Your Help Is Still Needed With “Guns In Parking Lot” Bill

As previously reported, the Georgia Senate Judiciary Committee has passed SB 43, the “Guns in the Parking Lot” bill. As amended, the bill contains onerous language that would allow employers to have liability for any gun violence resulting from the law, if they knew or should have known that an employee presented a risk.

So far this bill has not moved, and we need to keep it bottled-up for two more weeks. The bill now rests in the Senate Rules Committee, chaired by Senator Don Balfour, which must pass the bill before the full Senate can consider it. Please let the Lieutenant Governor, Casey Cagle, Senate President Pro Tempore, Eric Johnson, and Senate Rules Committee Chairman, Don Balfour hear from you. Please tell them that you oppose SB 43.

Honorable Casey Cagle
Lieutenant Governor
President
Georgia State Senate
240 State Capitol
Atlanta GA 30334
404-656-5030
Fax: 404-656-6739
Casey.cagle@ltgov.ga.gov

Honorable Eric Johnson
President Pro Tempore
Georgia State Senate
321 State Capitol
Atlanta GA 30334
404-656-5109
Fax: 404-657-9727
eric.johnson@senate.ga.gov

Honorable Don Balfour
Rules Chairman
Georgia State Senate
453 State Capitol
Atlanta GA 30334
404-656-0095
Fax: 404-656-6581
don.balfour@senate.ga.gov

House Bills of Interest This Week

HB – 253 Exempting Roadside Stands from Vendor Laws, sponsored by Representatives Tom Graves (R) of the 12th, Tom McCall of the 30th, Terry England of the 108th, Jay Roberts of the 154th and Penny Houston of the 170th, would exempt roadside stands where farm or garden produce is sold from requiring license from the Department of Agriculture
GRA Position - Under consideration – your comments are requested on this bill
http://www.legis.ga.gov/legis/2007_08/fulltext/hb253.htm

HB 361 – Exempting Retailers From Retraining Tax Credits, sponsored on behalf of the Department of Revenue by Representative Larry O’Neal (R) of the 146th, would single out retailers from other “Business Enterprises” for an elimination of tax credits for retraining employees. This bill would have continued to allow tax credits for businesses engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries.
GRA Position - Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/hb361.htm

HB 478 – Phone Card Disclosure, sponsored by Representatives Pete Marin (D) of the 96th, Hugh Floyd (D) of the 99th, Rob Teilhet (D) of the 40th, and Brian Thomas (D) of the 100th, would require phone card issuers to disclose the terms of the phone card, including all usage fees and per minute charges, to the purchaser of the phone card at the time of purchase.
GRA Position - Under consideration – your comments are requested on this bill
http://www.legis.ga.gov/legis/2007_08/fulltext/hb478.htm

HB 504 – License Requirements for Private Security, sponsored by Representatives Calvin Hill (R) of the 21st, David Knight (R) of the 126th, and Burke Day (R) of the 163rd, would revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation.
GRA Position - Support
http://www.legis.ga.gov/legis/2007_08/fulltext/hb504.htm

HB 516 – Definition And Record Keeping Of Flavored Malt Beverages, sponsored by Representatives Steve Tumlin (R) of the 38th and Jay Shaw (D) of the 176th, would amend Title 3 of the Official Code of Georgia Annotated, define the term "flavored malt beverage," and would require maintenance of records on premises for three years from the date of sale of such alcoholic beverages.

Under the bill, flavored malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products, in water containing not more than 6 percent alcohol by volume to which other flavors and nonbeverage alcohol ingredients are added so long as no more than 49 percent of the overall alcohol content of the alcoholic beverage is derived from the addition of flavors and nonbeverage alcohol ingredients. A flavored malt beverage shall be deemed a malt beverage for purposes of this title. Alcoholic beverages otherwise meeting the definition of 'flavored malt beverage' but containing more than 6 percent alcohol by volume or in which more than 49 percent of the overall alcohol content is derived from the addition of flavors and nonbeverage alcohol ingredients shall be deemed distilled spirits for purposes of this title."
GRA Position - Under consideration – your comments are requested on this bill
http://www.legis.ga.gov/legis/2007_08/fulltext/hb516.htm

HB 563 – Malt Beverage Tasting Rooms, sponsored by Representatives Matt Dollar (R) of the 45th, Earl Ehrhart (R) of the 36th, and Ben Harbin (R) of the 118th, would provide for tasting rooms for malt beverages in a retail outlet.
GRA Position - Under consideration – your comments are requested on this bill
http://www.legis.ga.gov/legis/2007_08/fulltext/hb563.htm

HB 572 – Establishing A Living Wage For State Contractors And Suppliers, sponsored Representatives Sharon Beasley-Teague (D) of the 65th, Tyrone Brooks (D) of the 63rd, Billy Mitchell (D) of the 88th, Randal Mangham (D) of the 94th, and Pam Stephenson (D) of the 92nd, would require that employers who contract with or receive financial assistance from the state or a state agency to pay its employees a living wage.
GRA Position - Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/hb572.htm

Senate Bills of Interest This Week

SB 13 – Increasing the Minimum Wage, sponsored by Senators Robert Brown (D) of the 26th, Gail Davenport (D) of the 44th and Ronald Ramsey (D) of the 43rd, would increase Georgia's minimum wage from $5.15 to $7.25 per hour.
GRA Position - Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/sb13.htm

SB 109 – 15-Day Remittance of Health Care Claims, sponsored by Senators Ralph Hudgens (R) of the 47th, David Shafer (R) of the 48th, Robert Brown (D) of the 26th, Lee Hawkins (R) of the 49th, Don Thomas (R) of the 54th, would require the administrator of insurance plans, including those of self-insured plans, to remit payment within 15 working days.
GRA Position - Under consideration – your comments are requested on this bill
http://www.legis.ga.gov/legis/2007_08/fulltext/sb109.htm

SB 150 – Pharmacy Reporting of Data, sponsored by Senators Judson Hill (R) of the 32nd and Don Thomas (R) of the 54th, would require pharmacies to submit outcome data as well as pricing information to the Department of Community Health.
GRA Position - Under consideration – your comments are requested on this bill
http://www.legis.ga.gov/legis/2007_08/fulltext/sb150.htm

SB 157 – Creating Grants for Biofuel Retrofitting for Retailers, sponsored by Senators Ross Tolleson (R) of the 20th, Michael Meyer von Bremen (D) of the 12th, John Bulloch (R) of the 11th, Tommie Williams (R) of the 19th and Jack Hill of the 4th, would provide for grants to persons to finance the installation, replacement, and conversion of motor fuel storage equipment used to facilitate storing and dispensing E-85 gasoline at sites where motor fuel is stored and dispensed for retail sale.
GRA Position – Support
http://www.legis.ga.gov/legis/2007_08/fulltext/sb157.htm

SB 178 – Mail Order Drugs, sponsored by Senators Don Balfour (R) of the 9th, Renee Unterman (R) of the 45th and David Shafer (R) of the 48th, would not allow for the suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, to pharmacies providing prescriptions through the mail directly to a patient or legal guardian when such prescription drugs are prescribed for limited complex chronic, terminal, or rare conditions.
GRA Position – Under consideration – your comments are requested on this bill
http://www.legis.ga.gov/legis/2007_08/fulltext/sb178.htm

Previously Reported House Bills

HB 5 – Increasing Fines For Mobile Phone Use, sponsored by Representatives Mary Margaret Oliver (D) of the 83rd, Stan Watson (D) of the 91st, Billy Mitchell (D) of the 88th, Karla Drenner (D) of the 86th, and Stephanie Benfield (D) of the 85th, would add points for the use of cellular, hands-free, or mobile telephones or other wireless communication devices when a person is convicted of aggressive driving, reckless driving, unlawful passing of a school bus, exceeding the speed limit by at least 14 miles per hour, disobeying a traffic-control device, driving too fast for existing conditions, open alcohol container, and more.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb5.htm

HB 7 - Transporting Concealed Weapons, sponsored by Representative Tim Bearden (R) of the 68th, would allow any person who is not among those enumerated as ineligible under the Georgia Code to transport an unloaded or loaded firearm in any private passenger motor vehicle in any location in the motor vehicle.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb7.htm

HB 10 – Five percent Earned Income Tax Credit, sponsored by Representatives Doug McKillip (D) of the 115th, Jeanette Jamieson (D) of the 28th, Howard Mosby (D) of the 90th, Keith Heard (D) of the 114th, Karla Drenner (D) of the 86th, provides for an income tax credit in an amount equal to 5 percent of the amount of the federal Earned Income Credit
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb10.htm

HB 27 - Health Savings Accounts Premium Tax Exemptions, sponsored by Representative Tom Knox (R) of the 24th, would provide for a state insurance premium tax exemption for insurers for certain high deductible health plans which are part of a health savings account plan.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb27.htm

HB 28 – Creating the Georgia Assignment Pool Underwriting Authority, sponsored by Representative Tom Knox (R) of the 24th, would repeal the Georgia High Risk Health Insurance Plan and create High Risk Health Insurance Pool.
(Note: we fought a similar bill last year that would have had those currently providing insurance fund the pool.)
GRA Position – Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/hb28.htm

HB 35 – Credit File Freeze, sponsored by Representatives Tommy Benton (R) of the 31st, Rod Teilhet (D) of the 40th, Doug Collins (R) of the 27th, Terry England (R) of the 108th, Margaret Kaiser (D) of the 59th, would allow a person to request a security freeze on his or her credit report by sending a request in writing by certified mail or by overnight mail to a consumer credit reporting agency at an address designated by the consumer credit reporting agency to receive such requests.
GRA Position – Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/hb35.htm

HB 38 – Credit File Freeze, sponsored by Representatives Rob Teilhet (D) of the 40th, Tommy Benton (R) of the 31st, Bobby Reese (R) of the 98th, Terry Barnard (R) of the 166th, Judy Manning of the 32nd, would allow a person to place a security freeze on his or her credit report by notifying, in writing by certified mail, a consumer credit reporting agency.
GRA Position – Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/hb38.htm

HB 45 – Pharmacy Pricing Structure for Prescription Drugs, sponsored by Representative Ron Stephens (R) of the 164th, would prohibit the requirement of prior authorization for a prescription drug which a drug manufacturer provides to a community pharmacy at the lowest price of a pricing structure by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, workers´ compensation insurance carrier, or managed care plan.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb45.htm

HB 66 – Abolition of Income Taxes, sponsored by Representative Steve Davis (R) 109th, would eliminate personal and corporate income taxes and replace those taxes with an 8% statewide sales tax.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb66.htm

HB 87 – Sales and Use Tax Exemption for Certain Agricultural Machinery, sponsored by Representatives Chuck Sims (R) of the 169th, Tommy Smith (R) of the 168th, Ellis Black (D) of the 174th, and Mike Cheokas (D) of the 134th, would provide a sales tax exemption for the purchase of machinery or equipment used directly in the production, tilling, planting, cultivation, and harvesting of peaches or blueberries.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb87.htm

HB 89 – Carrying Loaded Firearms, sponsored by Representatives Timothy Bearden (R) of the 68th, Billy Horne (R) of the 71st, and Mark Hatfield (R) of the 177th, would allow any person with a valid license to carry a handgun in any state to carry a handgun in this state, to transport a loaded firearm in any private passenger motor vehicle.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb89.htm

HB 124 - Ad Valorem Tax, sponsored by Representatives Ron Stephens, (R) 65th, Burke Day (R) 163rd, Steve Tumblin, (R) 38th, Chuck Sims, (R) 169th, and Richard Royal (R) 171st, would provide an exemption from property taxes for business inventory.
GRA Position – Support
http://www.legis.ga.gov/legis/2007_08/search/hb124.htm

HB 128 – Sales Tax Holidays, sponsored by Representatives Lynn Smith (R) of the 70th, Jan Jones (R) of the 46th, Terry England (R) of the 108th, Howard Mosby (D) of the 90th, Randy Nix (R) of the 69th, would authorize two sales tax holiday periods, August 2 to 5, 2007, for school supplies, clothing, footwear, computers, and computer related accessories, and October 4 to 7, 2007, for energy efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use.
GRA Position – Support
http://www.legis.ga.gov/legis/2007_08/fulltext/hb128.htm

HB 130 – Credit File Freeze, sponsored by Representatives Calvin Hill (R) of the 21st, James Mills (R) of the 25th, John Meadows (R) of the 5th, Terry England (R) of the 108th, and Tommy Benton (R) of the 31st, would allow a person to request a security freeze on his or her credit report by sending a request in writing by certified mail to a consumer credit reporting agency at an address designated by the consumer credit reporting agency to receive such requests.
GRA Position – Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/hb130.htm

HB 143 – Guns in the Parking Lot Bill, sponsored by Representatives Tom Graves (R) of the 12th, Burke Day (R) of the 163rd, Earl Ehrhart (R) of the 36th, Willie Lee Talton (D) of the 145th, Rob Teilhet (D) of the 40th, would provide that an employer could not prevent employees who own guns from keeping those firearms locked in their motor vehicle in any parking lot, parking garage, or other employee parking area as long as those areas are open to the public.

Chip Rogers (primary author of an identical senate bill) said the plan is mainly geared toward employees of stores and restaurants with public parking. In other words, the bill is aimed directly at GRA members.

However, the bill exempts prisons and jails, places where having a firearm is against the law and employers with private parking areas where only employees are allowed. It also would not include company cars and employees banned from carrying a gun due to disciplinary action.
GRA Position – Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/hb143.htm

HB 169 – Donations of Prepared Food and Beverages, sponsored by Representatives Chuck Martin (R) of the 47th, Jill Chambers (R) of the 81st, Richard Royal (R) of the 171st, Martin Scott (R) of the 2nd, and Roger Williams (R) of the 4th, would allow donations of prepared food and beverages to a qualified nonprofit agency to be free of sales and use taxes.
GRA Position – Support
http://www.legis.ga.gov/legis/2007_08/fulltext/hb169.htm

HB 173 – Local Option Sales Tax for Roads, sponsored by Representatives Bob Holmes (D) of the 61st, Roger Bruce (D) of the 64th, Tyrone Brooks (D) of the 63rd, Coach Williams (D) of the 89th, LaNett Stanley-Turner (D) of the 53rd, would authorize the imposition of a local option sales and use tax for transportation within special districts.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb173.htm

HB 175 - Cost-of-Living Tax Fairness Act, sponsored by Representatives Martin Scott (R) of the 2nd, Ed Lindsey (R) of the 54th, Chuck Martin (R) of the 47th, Jay Neal (R) of the 1st, Bobby Franklin (R) of the 43rd, would adjust tax brackets in the Georgia Code annually in accordance with the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor.
GRA Position - Support
http://www.legis.ga.gov/legis/2007_08/fulltext/hb175.htm

HB 176 – Elimination of Corporate Income Tax, sponsored by Representatives Martin Scott (R) of the 2nd, Barry Loudermilk (R) of the 14th, Jay Neal (R) of the 1st, Ed Setzler (R) of the 35th, Bobby Franklin (R) of the 43rd, would provide for a gradual reduction in the state income tax rate for corporations over a period of years; leading to the total elimination of the state income tax for corporations effective on or after January 1, 2010.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb176.htm

HB 178 – Increasing the Reporting Amount for Estimated Tax Liability, sponsored by Representatives Martin Scott (R) of the 2nd, Tom Graves (R) of the 12th, Ed Lindsey (R) of the 54th, Ron Stephens (R) of the 164th, Roger Williams (R) of the 4th, would increase from $5,000 to $10,000 estimated tax liability for a month for which a dealer may remit 50 percent of the estimated tax liability for that taxable period on or before the twentieth day of the period.
(GRA supported the bill last year that moved that amount to $5,000)
GRA Position - Support
http://www.legis.ga.gov/legis/2007_08/fulltext/hb178.htm

HB 180 – In-State Manufactured Pharmaceutical Products, sponsored by Representatives Carl Rogers (R) of the 26th, Bob Smith (R of the 113th, Ben Harbin (R of the 118th, Mark Burkhalter (R) of the 50th, and Ron Stephens (R) of the 164th , would prohibit goods produced by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies from access restrictions or supplemental rebates for purposes of coverage under the state health benefit plan, medical assistance program, PeachCare for Kids, or any other health benefit plan or policy administered by or on behalf of the state.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb180.htm

HB 182 – Creating a Standard Tax Digest, sponsored by Representatives Chuck Martin (R) of the 47th, Richard Royal (R) of the 171st, Martin Scott (R) of the 2nd, and Roger Williams(R) of the 4th, would establish the equalized adjusted property tax digest, so as to provide that positive tax allocation increments shall not be used in calculating certain tax digest amounts.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb182.htm

HB 196 – Consumer Notification of All Credit Inquiries, sponsored by Representatives Bob Smith (R) of the 113th, Jay Roberts (R) of the 154th, and Carl Rogers (R) of the 26th, would require that a consumer receive notification within seven days of any credit inquiry to his/her account.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb196.htm

HB 240- Increasing Delinquency Charges for Credit Installment Payments, sponsored by Representatives Ben Harbin (R) of the 118th, would increase the amount that can be charged for delinquency credit installment payments from $18.00 to $25.00.
GRA Position – Support
http://www.legis.ga.gov/legis/2007_08/fulltext/hb240.htm

HB 242 – Tax Deductions for Health Savings Accounts, sponsored by Representatives Tom Knox (R) of the 24th, Bill Hembree (R) of the 67th, Jerry Keen (R) of the 179th, Earl Ehrhart (R) of the 36th, and Stan Watson (D) of the 91st, would allow insurers to an exemption from state premium taxes in an amount equal to 2.25 percent of the premium health savings accounts. The bill would also allow individuals to deduct 100% of the cost of such plans from their taxes.
GRA Position – Under consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb242.htm

HB 276 – Biometric Information Protection Act, sponsored by Representatives Ed Setzler (R) of the 35th, Calvin Hill (R) of the 21st, Tyrone Brooks (D) of the 63rd, and Barry Loudermilk (R) of the 14th, would limit the use of certain biometric information including fingerprints, information from biometric sensors, DNA, (DNA) samples, retinal scans, palm or hand prints, and X-rays or similar indelible physical images in certain situations.
GRA Position – Under Consideration
http://www.legis.state.ga.us/legis/2007_08/fulltext/hb276.htm

HB 285 – Requiring Valid ID to Fill Prescriptions, sponsored by Representatives Ron Stephens (R) of the 164th, Butch Parrish (R) of the 156th, and Buddy Carter (R of the 159th, would require that the pharmacist or a pharmacy intern obtain positive proof of identity of the person to whom the prescription is being dispensed or delivered before filling for a controlled substance. Positive proof of identity could include an official government identification card or state-issued driver’s license.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb285.htm

HB 286 – Controlled Substances; Schedule II and V, sponsored by Representatives Ron Stephens (R) of the 164th, Butch Parrish (R) of the 156th, and Buddy Carter (R) of the 159th, would change certain provisions relating to Schedule V controlled substances. It would strike in its entirety subparagraph (G) of paragraph (3) (Chapter 13 of Title 16 of the Official Code of Georgia Annotated) relating to controlled substances, dealing with Dimethylamphetamine and Pregabalin.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb286.htm

HB 293 - Dealing with Local Taxes on Motor Fuel Sales, sponsored by Representative Steve Davis (R) of the 109th, would allow for a variable local tax to be collected in addition to the prepaid state 4% sales and use tax on motor fuel. The intent is to allow more than 1% local tax to be levied.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/hb293.htm

HB 394 – Prepaid Phone Services 911 Assistance Fund, sponsored by Representatives John Lunsford (R) of the 110th, David Ralston (R) of the 7th, Larry O’Neal (R) of the 146th, Ben Harbin (R) of the 118th, Greg Morris (R) of the 155th, would place a 3% charge on all pre-paid cell phones and phone cards to fund 911 assistance centers. The 3% charge would be collected by the “provider” of the service – it is unclear if this would apply to the retailer selling the pre-paid calling card or pre-paid phone. We are seeking a clarification of this issue.
GRA Position – Seeking Clarification
http://www.legis.ga.gov/legis/2007_08/fulltext/hb394.htm

HB 468 – Sunday Sales, sponsored by Representative Roger Williams (R) of the 4th, would allow counties or municipalities to authorize the sales of malt beverages, wine, and distilled spirits on Sundays from 12:30 P.M. until 7:00 P.M
GRA Position – GRA prefers the language of SB 137

http://www.legis.ga.gov/legis/2007_08/fulltext/hb468.htm

HB 475 – Banning the Sale of Formula and Medicines at Flea Markets, sponsored by Representatives Jay Roberts (R) of the 154th, Tom McCall (R) of the 30th, Judy Manning (R) of the 32nd, and Donna Sheldon (R) of the 105th, would prohibit the sale of food manufactured and packaged for sale for consumption by a child under the age of two years and drugs at flea markets.
GRA Position – Support
http://www.legis.state.ga.us/legis/2007_08/fulltext/hb475.htm

Senate Bills

SB 2 – Forbids Property Tax Exemptions for Illegal Aliens, sponsored by Senator John Douglas (R) of the 17th, would prohibit granting any tax property exemptions to a person who is in this country illegally.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/sb2.htm

SB 8 – Removing Limits on Refunded Interest in Property Tax Appeals, sponsored by Senators Eric Johnson (R) of the 1st and Chip Rogers (R) of the 21st, would remove the $150 limit on the amount of overpayment and interest a taxpayer could receive when he/she successfully appeals a valuation of property.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/sb8.htm

SB 13 – Providing For Annual Minimum Wage Increases, sponsored by Senator Robert Brown (D) of the 26th, would increase the minimum wage to $6.20 per hour when signed; increased to $7.25 an hour as of January 1, 2008, and require that after January 1, 2009, the minimum wage shall be increased by the cost of living. Businesses exempted would include: (1) Any employer that has sales of $40,000.00 per year or less; (2) Any employer having five employees or less; (3) Any employee who is a high school or college student; (4) Any individual who is employed as a newspaper carrier; or (5) Any individual who is employed by a nonprofit child-caring institution or long-term care facility serving children or mentally disabled adults who are enrolled in such institution and reside in residential facilities of the institution.
GRA Position – GRA opposed similar legislation last year
http://www.legis.ga.gov/legis/2007_08/fulltext/sb13.htm

SB 24 - Internet Phishing, sponsored by Senators Cecil Staton (R) 18th, David Shafer (R) 48th, Ronnie Chance (R) 16th, Joseph Carter (R) 13th, Chip Rogers (R) 21st and Seth Harp (R) 29th, would create civil and criminal penalties for persons using the Internet or email to steal another’s personal information by posing as a legitimate business entity.
GRA Position – Support
http://www.legis.ga.gov/legis/2007_08/fulltext/sb24.htm

SB 26 - Sunday Sales Of Alcohol For Off-Premise Consumption, sponsored by Senators Harp (R) of the 29th, Preston Smith (R) of the 52nd, Doug Stoner (R) of the 6th, David Adelman (D) of the 42nd, John Bulloch (R) of the 11th and others, would call for a county by county vote to authorize sales of beer and wine by retailers on Sunday.
GRA Position – GRA supports this legislation
http://www.legis.ga.gov/legis/2007_08/fulltext/sb26.htm

SB 28 - Insuring Georgia's Families Act, sponsored by Senators. Judson Hill (R) of the 32nd, Don Thomas (R) of the 54th, Chip Rogers (R) of the 21st, Greg Goggans (R) of the 7th, Ralph Hudgens (R) of the 47th, and Tommie Williams (R) of the 19th, would create a consumer driven health insurance initiative in the state. (This 60-page bill has a lot of detail and should be reviewed by the benefits manager of every retailer member.)
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/sb28.htm

SB 43 – Guns in the Parking Lot Bill, sponsored by Senators Chip Rogers (R) of the 21st, James Whitehead, Sr. (R) of the 24th, Tommie Williams (R) of the 19th, Eric Johnson (R) of the 1st, Bill Heath (R) of the 31st and others.
GRA Position – Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/sb43.htm

SB 56 – Shipment of Wine into Georgia, sponsored by Senators Rene Unterman (R) of the 45th, Cecil Staton (R) of the 18th, Don Balfour (R) of the 9th and Seth Harp (R) of the 29th, would allow the direct shipment of up to 24 nine-liter cases of wine annually directly to a resident of Georgia.
GRA Position – Under Consideration
http://www.legis.ga.gov/legis/2007_08/fulltext/sb56.htm

SR 71 - Creating the Senate Study Committee on Alcohol Regulation, sponsored by Senators David Shafer (R) of the 48th, Chip Rogers (R) of the 21st, Jeff Mullis (R) of the 53rd, Preston Smith (R) of the 52nd, and Set Harp (R) of the 29th, would create a study committee to review the complex laws and regulations arising from various restrictions on the sale of alcohol on Sundays.
GRA Position – Under Consideration
http://www.legis.state.ga.us/legis/2007_08/fulltext/sr71.htm

SB 92 – Would Require Retailers to Identify Sales Tax Receipts by Municipality, sponsored by Senators Chip Pearson (R) 51st, Jeff Mullis (R) of the 53rd, Don Balfour (R) of the 9th, Mitch Seabaugh (R) of the 28th, and Chip Rogers (R) of the 21st, would require retailers to report sales tax receipts separately by city and unincorporated areas of a county.
GRA Position – Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/sb92.htm

SB 136 – Keeping Records of Cell Phone Purchases, sponsored by Senators Bill Hamrick (R) of the 30th, James Whitehead, Sr. (R) of the 24th, Jeff Chapman (R) of the 3rd and Joseph Carter (R) of the 13th would require retailers to obtain and photocopy one or more pieces of identification and maintain those records on premises for a period of at least one year.
GRA Position – Oppose
http://www.legis.ga.gov/legis/2007_08/fulltext/sb136.htm

SB 137 – Sunday Alcohol Sales, sponsored by Senators Seth Harp (R) of the 29th, Doug Stoner (D) of the 6th, David Adelman (D) of the 42nd, John Bulloch (R) of the 11th, Vincent Fort (R) of the 39th, would authorize the sale of malt beverages, wine and distilled spirits by retailers on Sundays.
GRA Position – Support
http://www.legis.ga.gov/legis/2007_08/fulltext/sb137.htm

SB 138 – Sunday Alcohol Sales, sponsored by Senators Seth Harp (R) of the 29th, Doug Stoner (D) of the 6th, David Adelman (D) of the 42nd, John Bulloch (R) of the 11th, would authorize the sale of malt beverages, wine and distilled spirits by retailers on Sundays.
GRA Position – GRA supports SB 137
http://www.legis.ga.gov/legis/2007_08/fulltext/sb138.htm

GRA SESSION AGENDA

The elimination of the ad Valorem inventory tax;
The reauthorization of the back-to-school sales tax holiday;
Separating the Energy Star Holiday from the back-to-school sales tax holiday;
Allowing Sunday sales of beer and wine in retail establishments;
To ensure that credit file freeze bills do no harm to retailers;
To oppose bills which would allow employees to bring firearms onto company parking lots if such lots are not separate and secured from the public;
The adoption of enabling legislation for the streamlined sales tax;
The adoption of a bill to make it illegal to sell baby formula and over-the-counter medicines at flea markets;
The adoption of legislation increasing the penalties for Organized Retail Theft;
The adoption of legislation increasing the penalties for theft through fire exit doors;
To oppose insurance mandates that target retailers.

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.

Printer Friendly CRR February 23, 2007