Georgia has a two-year legislative session and 2010 is the second year of that session. Bills introduced last year and not passed or defeated on the floor remain viable in 2010. This newsletter is a recap of those bills as reported to you in April 8, 2009 Capitol Retail Report.

While the bills that appear below are alive, they must go through the committee process again in order to be considered.

I will be monitoring these bills, along with newly introduced legislation, to see if they attract sufficient support to move along through the process and will include any necessary updates in my weekly summaries to you.

John Heavener
President
Georgia Retail Association

                                                   “When Retail Works, Georgia Works”

Ad Valorem Tax Legislation

HR 1 - Cap on Assessments, Representative Edward Lindsey, a Republican from Atlanta, along with House Majority Leader Jerry Keen as cosponsor, have sponsored a resolution calling for a constitutional amendment to cap the rate of property tax reassessment at the lesser of 3 percent or the rate of inflation.
http://www.legis.ga.gov/legis/2009_10/sum/hr1.htm

SR 2 - Reducing ad Valorem Taxes, sponsored by Senator Mitch Seabaugh, Republican 28th District, would propose an amendment to the Constitution which would authorize the reduction or elimination of local ad valorem taxation and replacement with a sales and use tax at any rate not to exceed 1 percent. The reduction would be a dollar-for-dollar credit and would be reflected on the ad valorem tax bill of each taxpayer. Any excess proceeds remaining after eliminating 100 percent of property taxes of the local taxing jurisdiction would be used to reduce or eliminate general obligation debt of the local taxing jurisdiction.
http://www.legis.ga.gov/ legis/2009_10/fulltext/sr2.htm

HB 4 - Income Tax Credit for ad Valorem Taxes, sponsored by Representative Kevin Levitas, a Democrat from Atlanta, would allow a credit against qualified ad valorem tax expenses in an amount not to exceed the actual amount expended. The tax credit, as proposed by Levitas, could not exceed the taxpayer's income tax liability, nor could the amount of unused tax credit be used against succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. The qualifier is that in any tax year in which the commissioner determines that the aggregate amount of state reserve funds is less than $500 million, no tax credit shall be claimed or allowed under this Code section for that tax year.
http://www.legis.ga.gov/legis/2009_10/versions/hb4_LC_18_7682_pf_2.htm

HB 5 - Income Tax Credit for Qualified Ad Valorem Tax Expenses, sponsored by Representative Kevin Levitas, a Democrat from Atlanta, would provide a credit for ad Valorem taxes on real property and personal property used for business or commercial purposes. This bill also contain the qualifier that in any tax year in which the commissioner determines that the aggregate amount of state reserve funds is less than $500 million, no tax credit shall be claimed or allowed under this Code section for that tax year.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb5.htm

HR 9 - Freedom of Ownership Act, sponsored by Republican Representatives Ed Setzler, (R) 35th and Melvin Everson, (R) 106th would propose a constitutional amendment which would provide a complete and permanent exemption from ad valorem taxes and fees for any and all purposes for property if the taxpayer pays an amount equal to 20 times the amount of ad valorem taxes and fees due and payable for the current-year assessed value of such property. Any additions or improvements which are added subsequent to the granting of the exemption shall not be exempt until the taxpayer pays an amount equal to 20 times the amount of ad valorem taxes and fees due and payable for the current-year assessed value of such additions or improvements.
http://www.legis.ga.gov/legis/2009_10/fulltext/hr9.htm

HB 18 - Elimination of Ad Valorem Taxes, was also pre-filed by Representative Tim Bearden, a Republican from Villa Rica. The bill "Small Business and Jobs Protection Act of 2010," would exempt the inventory of a business from ad Valorem taxes.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb18.htm

HR 27 - Abolishing Property Taxes, Substituting Sales Taxes, sponsored by representatives Bobby Franklin, (R) 43rd, Barry Loudermilk (R) 14th, and Jill Chambers (R) 2081st, would abolish ad valorem taxes and fees on real or personal property and substitute a sales and use tax.
http://www.legis.ga.gov/legis/2009_10/fulltext/hr27.htm

SB 77 - Special Tax Levies for Police and Fire Protection, sponsored by senators Kasim Reed, (D) 35th, Horacena Tate, (D) 38th, Nan Orrock, (D) 36th, Vincent Fort, (D) 39th and Emanuel Jones (D) 10th, would create a special tax districts in all cities which employ in excess of 1,500 police officers and firefighters would allow those cities to impose and levy a special district tax to pay for those police and fire services.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb77.htm

HR 341 - Replacing Property Tax with Sales Tax Revenue, sponsored by representatives Mark Butler, (R) 18th and Randy Nix, (R) 69th, would allow school districts to raise money via a 1cent sales and use tax. Revenue raised by the sales and use tax would require a corresponding decrease in property millage rate.
http://www.legis.ga.gov/legis/2009_10/fulltext/hr341.htm

HR 442 - House Study Committee on the Review, Evaluation, and Analysis of State Tax Exemptions, sponsored by representatives Burke Day, (R) 163rd, Ron Stephens, (R) 164th, Butch Parish, (R) 156th, Kevin Levitas, (D) 82nd, Austin Scott, (R) 153rd, and Fran Millar, (R) 79th, would create a House Study Committee to review, evaluate, and analyze all state tax exemptions.
http://www.legis.ga.gov/legis/2009_10/fulltext/hr442.htm

HB 480, Automobile Taxation, sponsored by representatives Harry Geisinger, (R) 48th, Alan Powell, (D) 29th, Tom Rice, (R) 51st, Stacey Abrams, (D) 84th, and Alan Peake, (R) 137th, would substitute a one-time fee of 7 percent of the car's value, or $2,000, whichever is less, and do away with the annual ad Valorem property tax on automobiles.
http://www.legis.state.ga.us/legis/2009_10/fulltext/hb480.htm

Sales and Use Tax

HR 3 - Provided for an Immediate Consideration of Gubernatorial Vetoes, sponsored by Kevin Levitas, an Atlanta Democrat, would call for an immediate consideration of a vote to override a veto by the other Chamber of the General Assembly. (During the 2008 session, the House voted to override 12 vetoes by Governor Sonny Perdue, but Senate allowed one to come to a vote.)
http://www.legis.ga.gov/legis/2009_10/fulltext/hr3.htm

HB 6 - Sales and Use Tax for Energy or Water Efficient Products, sponsored by Representative Kevin Levitas, a Democrat from Atlanta, would provide for an exemption from sales and use tax with respect to certain sales of certain energy efficient products or water efficient product; with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use from12:01 AM on October 1, 2009, and concluding at 12:00 Midnight on October 4, 2009.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb6.htm

HB 25 - Estimated Tax Liability Sales and Use Tax Returns, sponsored by Representative Martin Scott, Republican 2nd, would remove the requirement for a merchant to file a return and remit to the revenue commissioner for estimated sales and use tax liability.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb25.htm

HB 39- Increasing Excise Tax on Tobacco, sponsored by Ron Stephens, (R) 164th, would increase excise taxes on cigarettes from cigarettes from 37¢ to $1.37 per pack and increase the excise tax on loose or smokeless tobacco from 10 percent of the wholesale cost price to 25% of the wholesale price.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb39.htm

HB 61 - Dedication of the Final One Percent Sales Tax from Motor Fuels, sponsored by representatives Steve Davis, (R) 109th, Barry Loudermilk, (R) 14th, Mark Hatfield, (R) 177th, Ed Setzler, (R) 35th, Melvin Everson, (R) 106th and Tom Graves, (R) 12th, would exempt an additional one percent of sales tax from motor fuels. Currently the first three percent of sales taxes levied by the state on motor fuels are dedicated to highways. This bill would add the additional one percent of state sales tax to that category. In effect that would dedicate the state portion of the sales tax revenue from motor fuel completely to highways.
http://www.legis.ga.gov/legis/2009_10/sum/hb61.htm

HB 66 - Using Local Option Sales Taxes to Fund Water and Sewer Projects, sponsored by Representative Chuck Sims, (R) 169th, would provide for funding of water and sewer projects through the levy and collection of a municipal option sales and use tax.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb66.htm

HB 67 - Removing Sales Tax Exclusion From Food Sales, sponsored by Representative Chuck Sims, (R) 109th, would repeal the sales and use tax exemption for eligible foods and beverages and allow a tax credit equal to 4 percent of food expenses against a Georgia taxpayer's income tax return liability. Aimed at taxing non residents and illegal residents, this bill was passed by the Ways and Means Committee on March 5, 2009.
http://www.legis.ga.gov/legis/2009_10/sum/hb67.htm

HR 281- Elimination of all Sales and Use Tax Exemptions, sponsored by representatives Debbie Buckner, (D) 130th, Kathy Ashe, (D) 56th, Mary Margaret Oliver, (D) 83rd, Pat Dooley, (D) 38th, Pat Gardner, (D) 57th, would offer an amendment to the Constitution which would limit sales and use tax exemptions to three year periods.
http://www.legis.ga.gov/legis/2009_10/fulltext/hr281.htm

HB 335 - Garnishment for Sales and Use Taxes, sponsored by representatives David Knight, (R) 126th, Allen Peake, (R) 137th, Larry O`Neal, (R) 146th, and Jay Roberts, (R) 154th, would allow garnishment for unpaid sales and use taxes.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb335.htm

SR 335 - State Taxation For The Penny For The Kids Trust Fund, sponsored by Senator Curt Thompson, (D) 5th, would assess a statewide one cent sales tax to fund PeachCare for Kids.
http://www.legis.ga.gov/legis/2009_10/fulltext/sr335.htm

HR 341 - Replacing Property Tax with Sales Tax Revenue, sponsored by representatives Mark Butler, (R) 18th and Randy Nix, (R) 69th, would allow school districts to raise money via a 1cent sales and use tax. Revenue raised by the sales and use tax would require a corresponding decrease in property millage rate.
http://www.legis.ga.gov/legis/2009_10/fulltext/hr341.htm

HB 356 - Local Collection of Sales and Use Taxes, sponsored by Virgil Fludd, (D) 66th, Calvin Smyre, (D) 132nd, DuBose Porter, (D) 143rd, and Margaret Kaiser, (D) 59th, would allow counties to hire private firms to collect sales and use taxes.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb356.htm

HB 425 - Deduction Of Bad Debts For Sales And Use Tax, sponsored by Representative James Mills, (R) 25th would allow an assignee of private label credit card debt purchased directly from a dealer without recourse or a credit card bank which extends such credit to customers under a private label credit card program to take a deduction or receive a refund for private label credit card bad debts. http://www.legis.ga.gov/legis/2009_10/fulltext/hb425.htm

HB 458 - Local Collection Of Sales And Use Tax, sponsored by Allen Peake, (R) 137th, Chuck Sims, (R) 169th, Charles Martin, (R) 47th, Ron Stephens, (R) 164th, Margaret Kaiser, (R) 59th, and Virgil Fludd, (R) 66th, would allow any county or municipality to contract with a private contractor to administer, collect, and distribute any local or special district sales and use taxes.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb458.htm

Income Tax Legislation

HB 17 - Elimination of Corporate Income Taxes, sponsored by Tim Bearden, a Republican from Villa Rica, entitled the "Small Business and Jobs Protection Act of 2009," would eliminate corporate income taxes, beginning January 1, 2010.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb17.htm

HB 405 - Tax Credits for Reducing Water Use, sponsored by representatives Joe Wilkinson, (R) 52nd, Ron Stephens, (R) 164th, Mike Coan, (R) 101st, Jimmy Pruett, (R) 144th, DuBose Porter, (R) 143rd, would allow any taxpayer who is the ultimate purchaser of an item of designated as a "WaterSense" as part of new construction or for retrofit in this state shall be allowed a single credit against the tax not to exceed the lesser of 25 percent of the cost thereof or $5,000.00 in the taxable year in which such qualified equipment is placed in service. The credit would be transferable by the taxpayer to a taxpayer that is a homebuilder, home remodeler, or manufacturer, seller, or installer of qualified equipment.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb405.htm

HB 419 - Income Tax Credit For Solar Domestic Water Heaters, sponsored by representatives Lynn Smith, (R) 70th, Earl Ehrhart, (R) 36th, Ron Stephens, (R)164th, Rich Golich, (R)34th, Mike Jacobs, (D) 80th, and Stacey Abrams, (D) 84th, would extend the period when one may apply for a tax credit for the installation for a qualified solar water heater.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb419.htm

HB 443 - Cost-of-Living Tax Fairness Act, sponsored by Martin Scott, (R) 2nd, Tom Graves, (R)12th, Sean Jerguson, (R) 22nd, Kevin Levitas, (D 82nd, Jay Roberts, (R) 154th, and Mike Jacobs, (R) 80th, would provide for annual adjustments to the taxable net income brackets, indexing them, to the CPI.
http://www.legis.ga.gov/legis/2009_10/sum/hb443.htm

HB 519 - Allowing An Income Tax Credit For Qualified Water And Energy Efficient Product Expenses, sponsored by representatives Virgil Fludd, (D) 66th, Howard Mosby, (D) 90th, Stacey Abrams, (D) 84th and Debbie Buckner, (D) 130th would provide a $500 tax credit for the purchase a qualified WaterSense OR EnergySTAR product.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb519.htm

Pharmacy Legislation

SB 3 - Prior Authorization for Prescription Drugs, sponsored by senators Jack Murphy, (R) 7th, Lee Hawkins, (R) 49th, Tommie Williams, (R) 19th, Don Thomas, (R) 54th, Ed Harbison (R) 15th, and Bill Jackson, (R) 24th, would require that insurers establish procedures to ensure there is a response to a request for prior authorization for a prescription drug by telephone or other telecommunication device within 24 hours after receipt of such a request.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb3.htm

SB 10 - Single Dose Pseudoephedrine (60 Milligram Or Less) From Controlled Substances, sponsored by Senator John Douglas, Republican 17th, would remove the exception for pseudoephedrine in a single dose unit of 60 milligrams or less, when a single dosage unit is 60 mg. or less or when manufactured in an extended release form with a dosage unit of 240 mg or less from the list of controlled substances, thereby making it available by prescription only.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb10.htm

SB 56 - Georgia StopMeth Log, sponsored by senators Gloria Butler, (D) 55th, Valencia Seay, (D) 34th, David Adelman, (D) 42nd, Robert Brown, (D) 26th, Kasim Reed, (D) 35th and Horacena Tate, (D) 38th, would require the state to establish and retailers to participate in a real-time, on-line pseudoephedrine reporting log. This bill was passed by the Senate on March 12th and referred to the House Non-Civil Judiciary Committee.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb56.htm

HB 194- Generic Substitution of Drugs, sponsored by representatives Fran Millar, (R) 79th, Sharon Cooper, (R) 41st, Tom Rice (R) 51st, Carolyn Hugley, (D)133rd, and Rob Teilhet, (D) 40th, would require that whenever a pharmacist substitutes a generic drug product for a brand name prescribed drug product he/she must place language on the prescription label explaining the generic substitution, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label."
http://www.legis.ga.gov/legis/2009_10/fulltext/hb194.htm

SB 195 - Request for A Pharmacy License, sponsored by senators Ronnie Chance, (R) 16th, Cecil Staton, (R) 18th, David Shafer, (R) 48th and Chip Pearson, (R) 51st, would redefine the procedures for making and an application for a pharmacy license and set a twice-a-year timetable for the board exam. The bill was amended and now requires that when a pharmacist substitutes a generic drug product for a brand name prescribed drug product, the brand name and the generic name of the drug product, with an explanation of 'generic for (insert name of brand name prescribed drug product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb195.htm

HB 273 - Georgia Prescription Monitoring Program Act, sponsored by representatives Ron Stephens, (R) 164th, Buddy Carter, (R) 159th, Buddy Harden (R) 147th, and Butch Parrish, (R) 156th, would require that retail pharmacies collect and submit certain information Schedule II, III, IV, or V controlled substance.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb273.htm

HB 369 - Pharmacy Free Choice, sponsored by representatives Ron Stephens, (R) 164th, Butch Parrish, (R) 156th, Buddy Carter, (R) 159th, Harden of the 147th, and Bobby Parham, (D) 141st , would make it unlawful to prevent an plan enrollee from exercising free choice in selecting his or her pharmacy. It shall be unlawful for any pharmacy benefit manager, either directly or indirectly, to require or encourage the use of, or to favor in any way, a particular pharmacy or chain of pharmacies in approving the use of a prescription drug.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb369.htm

HB 523 - Requiring Brand Name Pharmaceuticals, sponsored by representatives John Lunsford, (R) 110th, Sharon Cooper, (R) 41st, Ben Harbin, (R) 118th, Nikki Randall, (D) 138th, Sean Jerguson, (R) 22nd, and Mark Burkhalter, (R) 50th, would preclude a pharmacist from substituting a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb523.htm

HB 681 - Generic Substitution of Drugs, sponsored by Charlice Byrd, (R) 20th, John Lunsford, (R) 110th, Robbin Shipp, (D) 58th, Calvin Hill, (R) 21st, Mike Cheokas, (D) 134th and Jimmy Pruett, (D) 144th, would require that whenever a pharmacist makes a drug substitution, that he record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb681.htm

Theft and Loss Prevention Legislation

SB 52 - Creating a Metal Theft Registry, sponsored by senators Seth Harp (R) 29th, John Douglas, (R) 17th, Cecil Staton, (R) 18th, Jack Murphy (R) 27th, Gloria Bulter, (D) 55th, and Ross Tolleson (D) 29th, would create a registry for persons convicted of certain metal theft crimes.
http://www.legis.ga.gov/legis/2009_10/sum/sb52.htm

SB 162 - Requiring Training And Authorizing Security Guards/Detectives To Obtain Individual Licensure, sponsored by senators Johnny Grant, (R) 25th and Tommie Williams, (R) 19th, would require board mandating training within 180 days of hiring for all armed security guards and detectives.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb162.htm

Employment Legislation

HB 16 - Prohibiting Electronic Tracking of Individuals, sponsored by Kevin Levitas, Democrat, 82nd District, would prohibit the use of electronic tracking device to determine the location or movement of another person without such other person's consent. Exclusions include the registered owner, lessor, or lessee of a vehicle who has consented to the use of the electronic tracking device with respect to that vehicle; use by an official law enforcement agency; actions of United States military personnel in the performance of their official duties; actions of a parent with respect to determining the location or movement of his or her child; and commercial service vehicles such as mobile telephone service or vehicle safety or security service which incidentally allows the provider of the service to determine the location or movement of a device provided to a customer of the commercial service.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb16.htm

HB 37 - Parent Protection Act, sponsored by Representative Roger Bruce, (D) 64th, would mandate leave for employees to attend school conferences and medical appointments, above and beyond vacation days, sick days, personal leave days, FMLA, etc.
http://www.legis.ga.gov/legis/2009_10/sum/hb37.htm

HB 38- Prohibiting Forced Microchip Implantation, sponsored by Republican Representative Ed Setzler, 35th, would prohibit requiring a person to be implanted with a microchip for any reason.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb38.htm

HB 197 - Requiring that a Consumer Get a Copy of Every Credit Inquiry Report, sponsored by Representative Bob Smith, (R) 113th, would require each consumer reporting agency which provides an individual consumer report in response to an inquiry from any person to also automatically provide to that consumer within seven days the identical report.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb197.htm

SB 130 - Electronic Signatures for Lease-Purchase Agreements, sponsored by senators Jeff Mullis, (R) 53rd, and Chip Rogers, (R) 21st, would define electronic signatures and provide that persons entering into electronic lease-purchase agreements must receive certain information and have certain rights with regard to the goods that are the subject of such agreements; and would provide for certain requirements for merchants with regard to websites and data transmission.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb130.htm

HB 173 - Illegal and Void Contracts, Restraint of Trade, sponsored by Kevin Levitas, (D) 82nd, Mike Coan, (R) 101st, Richard Smith, (R) 131st, Butch Parrish, (R) 156th. And Tim Bearden, (R) 68th, would define certain legal means of providing for restraint of trade in work contracts, restrictive covenants, and more.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb173.htm

HB 290 - Minimum Wage, sponsored by representatives Doug McKillup, (D) 115th, Brian Thomas, (D) 100th, Stacey Abrams, (D) 84th, Stephanie Benfield, (D) 85th, ;Virgil Fludd, (D) 66th, and Winfred Dukes, (D) 150th, would set the minimum wage $7.25 per would provide for annual adjustments beginning in September of 2009.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb290.htm

Legal Issues Legislation

HB 10 - Access to Criminal History Records, sponsored by representatives Kevin Levitas, (D) 82nd, Matt Ramsey, (R) 72nd, Willie Talton, (R) 145th, and Larry O'Neal, (R) 146th, would provide access by private individuals, businesses and government agencies to an individual's criminal history without that individual's consent.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb10.htm

HB 43 - Identifying Sellers to Scrap Metal Processors, sponsored by representatives Billy Mitchell, (D) 88th and Darryl Jordan (D) 77th, would require sellers of scrap metal to provide photo identification to scrap metal processors.
http://www.legis.ga.gov/legis/2009_10/sum/hb43.htm

SB 108 - Frivolous Lawsuits, sponsored by Bill Cowsert, (R) 46th, Chip Pearson, (R) 51st, Bill Heath, (R) 31st, Judson Hill, (R) 32nd and John Wiles, (R) 37th, would allow the defendant to collect legal fees in frivolous lawsuits.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb108.htm

HB 451 - Electronic Warehousing Regulations, sponsored by representatives Mike Jacobs, (D) 80th, Edward Lindsey, (R) 54th, Wendell Willard, (R) 49th, Mike Glanton (D) 76th, Tom Weldon (R) 3rd, and David Ralston, (R) 7th, would define the ownership and storage of bills of laden and other electronic documents associated with commerce.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb451.htm

Telephone and Electronics Legislation

HB 19 - Use of Cell Phones While Driving, sponsored by Representative Mary Margaret Oliver, a Democrat from Decatur (83rd), would amend Title 40 of the Official Code of Georgia to make it a misdemeanor, subject to one point, for the use of wireless communication device while driving. http://www.legis.ga.gov/legis/2009_10/fulltext/hb19.htm

HB 21 - Prohibiting The Use Of Mobile Phones By Learning Permit Holders, sponsored by representatives Mary Margaret, (D) 83rd, Ron Stephens, (R) 164th, Carolyn Hugley, (D) 133rd, Stacey Abrams, (D) 84th, and Matt Ramsey (R) 72nd, would prohibit the use of cellular, hands-free, or mobile telephones by holders of instruction permits and Class D licenses.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb21.htm

HB 23 - Prohibiting Cell Phone Use by Teens While Driving, sponsored by Representative Matt Ramsey, Republican 72nd, Tom Rice, Republican 51st, Edward Lindsey, Republican 54th, would amend Title 40 of the Official Code of Georgia to make it a misdemeanor, subject to one point, for the use of wireless communication device while driving.
http://www.legis.ga.gov/legis/2009_10/versions/hb23_LC_34_1947_pf_2.htm

HR 139 - Telephone Subscriber Charges For Funding Trauma Services, sponsored by representatives Harry Geisinger, (R) 48th, Sharon Cooper, (R) 41st, Wendell Willard, (R) 49th, DuBose Porter, (D) 143rd, Mary Margaret Oliver, (D) 83rd, and Clay Cox, (R) 102nd, would allow the General Assembly to authorize the imposition of charges to telephone subscribers in this state to fund the costs of providing trauma services.
http://www.legis.ga.gov/legis/2009_10/fulltext/hr139.htm

HB 168 - Reselling Local Exchange Services, sponsored by representatives Clay Cox, (R) 102nd, Chuck Martin, (R) 47th, Bobby Reese, (R) 98th, Don Parsons (R) 42nd, and Jeff May, (R) 111th, would allow local exchange companies to resell the services purchased from other local exchange companies.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb168.htm

HB 183 - Georgia Trauma Hospital Support Act of 2009, sponsored by representatives Harry Geisinger, (R) 48th, Sharon Cooper, (R) 41st, Wendell Willard, (R) 49th, Dubose Porter, (D) 143rd, Mary Margaret Oliver, (D) 83rd, would require that each wireless service supplier to collect a wireless trauma charge from those telephone subscribers whose place of primary use is within Georgia.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb183.htm

HB 267, Fair Practice Act - Telephones, sponsored by representatives Wendell Willard, (R) 49th and Joe Wilkinson, (R) 52nd, would allow the disclosure of persons who lodge complaints of telephone abuse and would prohibit the provider from provided new number information to those whose telephone service is disconnected due to such behavior.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb267.htm

HB 415 - Tax Credit for Wireless Construction, sponsored by representatives Allen Peake, (R) 137th and Joe Wilkinson, (R) 52nd, would for income tax credits for expenses involved with the construction, operation, and maintenance of broadband or wireless telephone towers constructed in Georgia.
http://www.legis.state.ga.us/legis/2009_10/fulltext/hb415.htm


Transportation Legislation

HB 22 - Seatbelts in Pickup Trucks, sponsored by representatives Mary Margaret Oliver (D) 83rd, Judy Manning (R) 32nd, Carolyn Hugley, (D) 133rd, Ron Stephens (R) 164th, and Stacey Abrams (D) 84th , would require the use of safety belts in pickup trucks and all passenger vehicles designed to carry ten or less people. It would also require the use of safety belts by occupants in the rear seats of passenger vehicles.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb22.htm

SB 23 - Safety Belt Contributory Negligence, sponsored by senators Lee Hawkins, (R) 49th, Chip Pearson, (R) 51st, Jack Murphy, (R) 27th, Jim Butterworth, (R) 50th, Don Thomas, (R) 54th and Greg Goggans, (R) 7th, would establish that failure to wear and automobile seat belt may allow for the establishment of contributory negligence.
http://www.legis.ga.gov/legis/2009_10/sum/sb23.htm

HB 65 - Setting Maximum Weight for Commercial Trailers, sponsored by Representative Chuck Sims, (R) 169th, would provide a maximum weight per axle for trailers on a commercial highway. Under the bill the maximum load authorized on any tandem axle shall be 34,000 pounds, and any two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more. For vehicles and combinations of vehicles exceeding 55 feet in length, the maximum gross weight authorized on a tandem axle for a vehicle or combination of vehicles carrying a gross weight of less than 73,280 pounds would be 40,680 pounds.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb65.htm

SB 164 - Sign Height and Vegetation Removal on Signs Along the State Highway System, sponsored by senators Don Balfour, (R) 9th, Ed Tarver (D) 22nd, Jeff Mullis, (R) 53rd, Doug Stoner, (R) 6th, Tommie Williams, (R) 19th and Chip Roger, (R) 21st, would set limits on sign heights to 55 feet and address the removal of vegetation in the site plane of the sign.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb164.htm

HB 256, Culpability in Failure to Wear a Safety Belt, sponsored by Representative Kevin Levitas, (D) 82nd, would make the failure to wear an automotive safety belt admissible in legal proceedings consideration of contributory negligence.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb256.htm

Firearms Legislation

SB 9 - Removing the Requirement that Concealed Weapons Must Be Kept in a Holster, sponsored by Senator John Douglas, Republican 17th, would allow individuals to conceal a weapon in a person's clothing, handbag, purse, attaché case, briefcase, or other closed container, as well as a holster.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb9.htm

SB 12 - Handgun Ammunition Coding System, sponsored by Senator Ronald Ramsey, Democrat 43rd, would require that all handgun ammunition manufactured or sold in Georgia must contain a unique identifier etched onto the base of the bullet; and that bullets used for reloading or hand loading handgun ammunition contain unique identifier that has been applied by etching onto the base of the bullet.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb12.htm

HB 259 - Requiring Firearm Training for Carry Permits, sponsored by Pedro Marin, (D) 96th and Joe Wilkinson, (R) 52nd, would require that applicants for new or renewed firearm carry permits take an approved course in firearm use and safety.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb259.htm

HB 260 - Photos on Carry Permits, sponsored by representatives Pedro Marin, (D) 96th and Joe Wilkinson, (R) 52nd, would require that all firearm carry permits carry a photo of the licensee.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb260.htm

HB 420 - Requiring Sport Shooting Ranges to be Wheelchair Accessible, sponsored by representatives Burke Day, (R) 163rd, Ron Stephens, (R) 164th, Bob Bryant, (D) 160th, Buddy Carter, (R) 159th, Mickey Stephens, (D) 161st, and Craig Gordan, (D) 162nd, would require all licensed sport shooting ranges to make such facility accessible to persons in wheelchairs after July 1, 2009.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb420.htm

HB 767, Exempting Firearms and Ammunition from Sales Tax, sponsored by Austin Scott, (R) 153rd, Earl Ehrhart, (R) 36th, Sean Jerguson, (R) 22nd and Tim Bearden, (R) 68th, would exempt the sale or use of firearms and/or ammunition from sales and use taxes. This bill was referred to the House Ways and means Committee and will be eligible for consideration in January 2010.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb767.htm

Alcohol and Tobacco Legislation

SB 16 - Sunday Package Sales of Alcohol, sponsored by Republican senators Set Harp, 29th, Doug Stoner, Republican 6th, Don Balfour, 9th and Jeff Mullis, 53rd, would authorize the sale of alcoholic beverages on Sunday at the discretion of each county or municipality (by referendum) in which package sales of certain alcoholic beverages are already lawful, for any period of time on Sundays from 12:00 Noon until 12:00 Midnight.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb16.htm

SB 68 - Prohibiting Alcoholic Beverages Sales Near Housing Property, sponsored by senators Jack Murphy, (R) 27th, Seth Harp, (R) 29th, Tim Golden, (D) 8th, Johnny Grant, (R) 25th, Cecil Staton, (R) 18th, and Don Balfour, (R) 9th would prohibit the sale of any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property.
http://www.legis.ga.gov/legis/2009_10/fulltext/sb68.htm

HB 115 - Limiting Distilled Spirit Licenses, sponsored by representatives Sean Jerguson, (R) 22nd, Matt Ramsey, (R) 72nd, Roger Williams, (R) 4th, Alan Powell, (R) 29th, Billy Maddox, (R) 127th, would not allow any person or family be issued more than two retail distilled spirits dealer licenses.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb115.htm

HB 102 - Authorizing Samplings of Alcoholic Beverages, sponsored by representatives Sean Jerguson, (R) 22nd, Tom Dickson (R) 6th, Roger Williams (R) 4th, Alan Powell (D) 29th, and Billy Maddox (R) 127th, would authorize samplings of alcoholic beverages by licensed retailers.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb102.htm

HB 104 - Allowing the Sunday Sale of Alcohol in Sports and Entertainment Facilities, sponsored by Representatives Clay Cox, (R) 102nd, Mike Coan, (R) 101st, Brian Thomas, (D) 100th, Billy Mitchell, (D) 88th and Pedro Marin, (D) 96th, would permit the sale of alcoholic beverages in arenas, coliseums and auditoriums on Sundays in any county which authorizes the Sunday sale alcohol is permitted.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb104.htm

HB 138 - Sunday Sales of Alcoholic Beverages, sponsored by representatives Roger Williams, (R) 4th, Sean Jerguson, (R) 22nd, Wendell Willard, (R) 48th, Fran Milar, (R) 79th and Margaret Kaiser, (D) 79th would authorize and municipality or county in which the sale of alcoholic beverages on Sunday is authorized to allow the sale of alcoholic beverages in public stadiums, coliseums, and auditoriums owned or controlled by it or by a public authority and having seating capacity in excess of 2,500 people on Sunday and would allow local elected officials to permit the sale of wine and beer by retailers on Sunday.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb138.htm

HB 352 -Sunday Package Alcoholic Sales of Malt Beverages and Wine, sponsored by Roger Williams, (R) 4th, Tom Dickson, (R) 6th, Sean Jerguson, (R) 22nd, Margaret Kaiser, (D) 59th, and Brian Thomas, (D) 100th, would allow the package sales by a retailer of malt beverages and wine on Sundays from 12:30 P.M. until 7:00 P.M. when approved by referendum in each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers is allowed.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb352.htm

HB 353 - Defining Flavored Malt Beverages, sponsored by representatives Roger Williams, (R) 4th, Tom Dickson, (R) 6th, and Sean Jerguson, (R) 22nd, would define the term "flavored malt beverage."
http://www.legis.ga.gov/legis/2009_10/fulltext/hb353.htm

HB - 355, Reclassifies "Little Cigars", representatives Roger Williams, (R) 4th, Tom Dickson, (R) 6th, and Sean Jerguson, (R) 22nd, would reclassify and define little cigars.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb355.htm

Licenses, Fees and Regulatory Board Legislation

HB 107 - Creating a State Board of Locksmiths, sponsored by representatives Harry Geisinger (R) 48th, Jill Chambers (R) 81st, and Chuck Sims (R) 119th, would create a State Board of Locksmiths.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb107.htm

HB 263 - In Home Repairs, sponsored by Representative Peake, (R) 137th, would require that any person offering in-home services must conduct a criminal background investigation of each employee to ensure that he or she has not been convicted of a felony or a crime involving moral turpitude in this state or any other jurisdiction.
http://www.legis.state.ga.us/legis/2009_10/fulltext/hb263.htm

Energy and Environment Legislation

HB 239 - Water Conservation Act of 2009 (Creating Limits on Water Use), sponsored by representatives Lynn Smith, (R) 131st, Bob Hanner, (R) 148th, and Bob Lane, (R) 167th would require that each county, municipality, or local government which holds a permit to draw on surface water shall report to the state if that use results in less than a 75% return of treated water to the surface systems.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb239.htm

Product Safety Legislation

HB 219 - 10 Percent Ethylene Glycol Antifreeze, sponsored by representatives Tommy Benton, (R) 31st, Terry England, (R) 108th, and Debbie Buckner, (D) 130th, would that antifreeze sold in Georgia that is manufactured after July 1, 2011, containing more than 10 percent ethylene glycol shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as an aversive agent to render the antifreeze unpalatable.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb219.htm

HB 381- Food Processing Reporting of Violations, sponsored by representatives Terry England, (R) 108th, Jay Roberts, (R) 154th, Kevin Levitas, (D) 82nd, Tom McCall, (R) 30th, and Billy Maddox, (R) 127th, would require representatives of a county board of health to report suspected violations of food safety at food processing plants to the Department of Agriculture or United States Department of Agriculture Food Safety and Inspection Service as appropriate.
http://www.legis.ga.gov/legis/2009_10/fulltext/hb381.htm

Thank you,

John C. Heavener, MSM, CAE
President, Georgia Retail Association

For More Information Contact:
johnh@georgiaretail.org
Telephone – 678-814-4176
Cell - 678-523-1765
Fax – 678-814-4178
www.georgiaretail.org

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 – with annual sales of more than $115 billion.

Printer Friendly CRR January 22, 2010