CAPITOL RETAIL REPORT

  

January 4, 2008


IN THIS ISSUE:

* REPRESENTATIVE TIM BEARDEN PROPOSAL AIMS AT MORE GUN RIGHTS

* SPEAKER'S PLAN UP FOR PUBLIC INPUT
* OTHER TAX BILLS
* ENERGY EFFICIENT LEGISLATION
* FDA FINAL RULE FOR VOLUNTARY NUTRITION LABELING
* MORE FAMILY LEAVE IN DEFENSE AUTHORIZATION BILL
* COOL COMPROMISE CHICKEN IN SENATE FARM BILL
* CHINA TO UNVEIL STANDARDS FOR SEAFOOD OPERATIONS
* CONSUMERS FACE EFFECTS OF SOARING FOOD PRICES
* REPEAT FROM LAST ISSUE – GUN BILL ALERT
* GRA LEGISLATIVE AGENDA


Be always at war with your vices, at peace with your neighbors, and let each New Year find you a better man." Benjamin Franklin, politician, inventor and author

Representative Tim Bearden Pre-filed Bill Aims at More Gun Rights


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. The bill would make Georgia “more conservative” when it comes to gun rights, according to Bearden. “Georgia is most restrictive state in the nation when it comes to gun rights,” Bearden said. “One of the biggest changes the bill could bring about is repealing part of the Georgia code that bans firearms at public gatherings. Bearden said Georgia’s public gathering laws were written to keep blacks unarmed while protesting civil rights abuses after the Civil War.

The new gun bill is one to watch because it likely will go head-to-head with SB that the National Rifle Association endorses. That bill, the NRA’s guns in the parking lot bill, is designed to prohibit employers from making rules which prohibit employees from keeping guns in their cars at work. NRA contends it’s a 2nd Amendment issue. The business community sees it as an abridgment of private property rights.

Bearden’s bill, supported by a group called GeorgiaCarry.Org and containing elements of legislation the NRA has pushed before, completely revises the “carry” laws, imposes sanctions against agents like those sent to Georgia gun shops by New York’s Mayor Bloomberg to try to buy guns under false pretenses, and prohibits a government seizure of weapons.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb915.htm

Speaker's Plan Up for Public Input

Georgians will finally get a chance to tell a key legislative panel what they think of House Speaker Glenn Richardson's plan to eliminate school property taxes and expand the sales tax. The proposal now includes new car registration fees. It also would limit how much a homeowner's property assessment could be increased each year, a further move to hold down property taxes. Richardson's plan will be the subject of two public hearings next week, one Tuesday, January 8th, from 10 AM to 5 PM and one Wednesday, January 9th from 11 AM to 5 PM. Both are scheduled for Room 606 of the Coverdell Legislative Office Building. The initial hearings will occur less than a week before the 2008 session begins on January 14.

Other Tax Bills


While Speaker Glenn Richardson’s tax reform plan – the GREAT plan – has gotten most of the attention this year there are some alternatives in the pre-filed folder:


SR 686, sponsored by Senate President Pro Tem Eric Johnson, (R), 1st District, proposes a constitutional amendment to freeze residential property tax at 2008 levels until the property is sold.
http://www.legis.ga.gov/legis/2007_08/fulltext/sr686.htm

SR 687, sponsored by Senator Mitch Seabaugh,(R), 28th District proposes a constitutional amendment that would allow, with voter approval, local governments to use an additional 1 percent sales tax to reduce or eliminate local property taxes.
http://www.legis.ga.gov/legis/2007_08/fulltext/sr687.htm

HB 896, 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

HR 1012, 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, sponsored by Kevin Levitas, (D), 82nd District, is an even broader bill 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


Energy Efficient Legislation

HB 895, Sales And Use Tax; Certain Sales Of Energy Efficient Products; Change Exemption, sponsored by Representative Kevin Levitas,(D), 82nd District, is essential Lynn Smith’s ENERGY STAR Sales Tax Holiday (HB 128) passed last year with the addition of water efficient products with a sales price of up to $1,500.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb895.htm

HB 897, sponsored by Representative Karla Drenner, (D), 86th District, would provide an income tax credit for the purchase of qualified energy efficient appliances including clothes washers, refrigerators/freezers, and water heaters, used in one’s residence.
http://www.legis.state.ga.us/legis/2007_08/fulltext/hb897.htm

HB 897
, sponsored by Representative Karla Drenner, (D) 86th District, would provide an income tax credit for replacing certain plumbing fixtures in existing commercial and residential buildings.

It 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.state.ga.us/legis/2007_08/fulltext/hb898.htm

Here is the link for the complete roster of Senate pre-files.

House pre-files can be found here

Regulatory Reminder: FDA Final Rule for Voluntary Nutrition Labeling


FDA's final rule: Food Labeling; Guidelines for Voluntary Nutrition Labeling of Raw Fruits, Vegetables and Fish went into effect January 1, 2008. The final rule updates the names of the 20 most frequently consumed raw fruits, vegetables and fish.  FDA does intend to provide brochures and posters on the FDA site. To view the final rule and subsequent correction please use the following links:
http://www.cfsan.fda.gov/~lrd/fr060725.html and http://www.cfsan.fda.gov/~lrd/fr060817.html

More Family Leave in Defense Authorization Bill

An expansion of the Family Medical Leave Act (FMLA) was included in the National Defense Authorization Act (HR 1585) which passed both Houses of Congress with overwhelming bipartisan support. The legislation was sent to the White House on December 19th and President Bush is expected to sign the bill into law. The final measure crafted in conference requires that employers provide 12 weeks of FMLA to the immediate family members (spouses, children or parents) of reservists or members of the National Guard who are called to active duty in the U.S. military. Under the new law, employers must also allow for up to 26 weeks of unpaid leave during a 12 month period to employees who are providing care for family members who have combat related injuries. The effective date is unclear at this time and the Department of Labor has requested time to draft the new regulations. Further guidance will be provided on details of implementation as they become available.

COOL Compromise Chicken in Senate Farm Bill

After months of delay and extended debate, the Senate finally passed its version of the Farm Bill December 14th on a 79-14 vote.  The legislation now goes to conference, with representatives from both the House and Senate calling for completion of a final package by the end of January.

The Senate bill included the House-passed compromise on Country of Origin Labeling (COOL).  The new “good faith” liability standard and reduced fines important to the industry were among the provisions in the compromise proposal.  Unfortunately, Senate Agriculture Chairman Tom Harkin (D-IA) also included language that would expand COOL to include chicken as a covered commodity as part of a manager’s amendment attached to the bill minutes before final passage.  A manager's amendment is a jumble of supposedly non-controversial items. Most of our Senate allies weren’t aware that this was included in the amendment and were as surprised as we were to see that chicken must now be labeled for country of origin. 

China to Unveil Standards for Seafood Operations

The Chinese government said it plans to introduce a set of standards that promote the safety of its seafood production in response to global concerns about the safety and quality of its products. The new standards will include breeding fish, disease prevention and control regarding the use of veterinary drugs, according to an official from the country's Ministry of Agriculture.

Consumers Face Effects of Soaring Food Prices


U.S. consumers are starting to feel the effects of the largest jump in food prices in 17 years. Food costs have been affected by increased demand from emerging markets in South America and Asia, a drought in Australia and a growing demand for U.S. wheat amid weak harvests in other wheat-producing nations. Supermarket companies such as Kroger and Safeway have raised prices, but say they haven't seen a negative impact on sales


Repeat From Last Issue - Lieutenant Governor to Allow Guns in Parking Lot Vote

Georgia’s Lieutenant Governor, Casey Cagle, has placed the state’s business community on notice that he will allow the “Guns In “The Parking Lot” bill reach the Senate floor for as vote early in the 2008 session.

Last session the Lieutenant Governor made a promise to the NRA that the bill would be voted on by the Senate. However, a strong lobby from business interests such as the Georgia Retail Association and the shooting at Virginia Tech allowed the issue to be held in the Senate Rules Committee. Now he intends to honor his promise to the NRA.

GRA has maintained, with overwhelming support of Georgia’s retail community, that property rights and workplace safety issues should take precedence over the issue.

A number of Senators, including Don Balfour, Tim Golden, John Douglas, and Lee Hawkins are expected to stand strong with the pro-business position. However, every senator needs to hear from retail and other business interests that we oppose allowing employees to bring guns onto workplace property.

IF YOU AGREE, please contact Casey Cagle and your Senator prior to January 14, 2008.

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


District 1 Eric Johnson (R) – Savannah 912-234-0370, 404-656-5109 eric.johnson@senate.ga.gov

District 2 Regina Thomas (D) – Savannah 912-233-8153, 404463-7784 reginia.thomas@senate.ga.gov

District 3 Jeff Chapman (R) – Brunswick 912-399-8683, 404-656-0045 jeff.chapman@senate.ga.gov

District 4 Jack Hill (R) – Reidsville 912-557-3811, 404-656-5038 jack.hill@senate.ga.gov

District 5 Curt Thompson (D) 404-575-2223, 404-463-1318 curt@curtthompson.com

District 6 Doug Stoner (D) – Smyrna 770-436-0699, 404-463-2518 doug.stoner@senate.ga.gov

District 7 Greg Goggans (R) – Douglas 912-260-0057, 404-463-5263 drgg@alltel.net

District 8 Tim Golden (D) – Valdosta 229-293-0202, 404-656-7580 tim.golden@senate.ga.gov

District 9 Don Balfour (R) – Snellville 770-729-5764, 404-656-0095 SS9BALFOUR@aol.com

District 10 Emanuel Jones (D) – Decatur 770-964-8888, 404-656-0502 emanj@mindspring.com

District 11 John Bulloch (R) – Ochlocknee 229-683-3420, 404-656-0040 jbulloch@alltel.net

District 12 Michael Meyer Von Bremen (D) – Albany 229-435-1470, 404-656-0037 Michael.meyer@senate.ga.gov

District 13 Joseph Carter (R) – Tifton 229-382-0707, 404-651-7738 jospeh@jospehcarter2004.com

District 14 George Hooks (D) – Americus 229-024-2924, 404-656-0065 george.hooks@senate.ga.gov

District 15 Ed Harbison (D) – Columbus 706-687-39899, 404-656-0074

District 16 Ronnie Chance (R) – Tyrone4 770-632-1927, 404-651-7738 ronnie.chance@senate.ga.gov

District 17 John Douglas (R) – Social Circle 404-375-1234, 404-656-0503 jfdouglas@aol.com

District 18 Cecil Staton (R) – Macon 478-757-0983, 404-656-5039 cecil.staton@senate.ga.gov


District 19 Tommie Williams (R) – Lyons, 912-526-7444. 404-656-0089 tommie@tommiewilliams.com

District 20 Ross Tolleson (R) – Perry, 478-988-1206, 404-656-0081 ross.tolleson@senate.ga.gov

District 21 Chip Rogers (R) – Woodstock, 770-516-0543, 404-463-1378 chiprogers@comcast.net

District 22 Ed Tarver (D) – Augusta, 706-828-6990. 404-656-0340 ed.tarver@senate.ga.gov

District 23 J.B. Powell (D) – Blythe, 706-592-9544, 404-463-1314

District 24 Bill Jackson (R) – Evans, 404-656-5114 Bill.jackson@senate.ga.gov

District 25 Johnny Grant(R) – Milledgeville, 478-452-1427, 404-656-0082 sengrant@alltel.net

District 26 Robert Brown (D) – Macon 478-750-0220, 404-656-5035

District 27 Jack Murphy (R) - Cumming, 770-887-1960, 404-656-7127

District 28 Mitch Seabaugh (R) – Sharpsburg, 770-304-0652. 404-656-6446 mail@mitchseabaugh.com

District 29 Seth Harp (R) – Midland, 770-304-0652, 404-463-3931, sethharp@aol.com

District 30 Bill Hamrick (R - Carrollton, 770-214-8210, 404-656-0036 bill.hamrick@senate.ga.gov

District 31 Bill Heath (R) – Bremen, 770—537-5234, 404-651-7738 billheath@billheath.net

District 32 Judson Hill (R) – Marietta, 770-565-0024, 404-656-0150 judson@judsonhill.com

District 33 Steve Thompson (D) – Marietta, 770-427-2600, 404-656-0083 steve.thompson@senate.ga.gov

District 34 Valencia Seay (D) – Riverdale, 770-909-9912, 404-656-5095 Valencia.seay@senate.ga.gov

District 35 Kasim Reed (D) – Atlanta, 404-463-1379 Kasim.reed@senate.ga.gov

District 36 Nan Orrock (D) – Atlanta, 404-524-5999, 404-463-8054 nan.orrock@senate.ga.gov
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District 37 John Wiles (R) – Marietta, 770-426-4619, 404-657-0406 john@johnwiles.com

District 38 Horacena Tate (D) – Atlanta, 404-577-5609, 404-463-8053 horacena.tate@senate.ga.gov

District 39 Vincent Fort (D) – Atlanta, 404-768-8406, 404-656-5091 vincent.fort@senate.ga.gov

District 40 Daniel Weber (R) – Dunwoody, 404-442-1819, 404-463-2260 dan.weber@senate.ga.gov

District 41 Steve Henson (D) – Tucker, 404-243-5107, 404-656-0085 stevehenson@mindspring.com

District 42 David Adelman (D) – Decatur, 404-853-8206, 404-463-1376 david.adelman@senate.ga.gov

District 43 Ronald Ramsey (D) – Decatur, 678-886-4477, 404-463-2598 senator@ronaldramsey.org

District 44 Gail Davenport (D) – Morrow, 404-766-2500, 404-656-7586 gail.davenport@senate.ga.gov

District 45 Chip Pearson (R) – Dawsonville, 770-886-6871, 404-656-9221 chip.pearson@senate.ga.gov

District 52 Preston Smith (R) – Rome, 706-291-2002, 404-656-0034 preston.smith@senate.ga.gov

District 53 Jeff Mullis (R) – Chickamauga, 706-375-1776, 404-656-0057 Jeff.mullis@senate.ga.gov

District 54 Don Thomas (R) – Dalton, 706-259-3921, 404-656-6436 don.thomas@senate.ga.gov

District 55 Gloria Butler (D) – Stone Mountain, 404-656-0075 Gloria.butler@senate.ga.gov

District 56 Dan Moody (R) – Alpharetta, 404-463-8055 Dan.moody@senate.ga.gov





GRA Legislative Agenda

  • The Battle Over Workplace Guns – won by the Georgia Retail Association and others last session when they outgunned the National Rifle Association – will return in 2008.

    Word circulating around the Capitol is that the issue could reach a head in the Senate within the session's first seven days.
  • Credit File Freeze Legislation will pass in 2008. GRA will work for:


Freeze by registered letter


Quick thaw (instant if credit bureaus can provide)


Consumer pays fee for freeze


One notification to unthaw frozen credit

  • Changes In The State Tax Code


GRA will support:


The elimination of ad valorem inventory taxes


Georgia’s adoption of conforming language for the streamlined sales tax measure


GRA will monitor and support as warranted:


The abolition of property taxes


The extension of retraining tax credits to include retailers

  • Organized Retail Theft


GRA will support legislation that will increase the penalties for those convicted of organized retail theft

  • Sales Tax Holiday


GRA will support legislation that reauthorizes the back-to-school and Energy STAR sales tax holidays.


GRA will work to have two separate periods for the two sales tax holidays

  • Flea Markets Sales


GRA will seek legislation that would ban the resale of certain items at flea markets, including baby formula and over-the-counter medications

  • State Water Plan Implementation


GRA will work with legislators to review the economic impact of the state water plan on retail development

  • Health Savings Accounts


GRA will support legislation that provides employer and employee tax credits for health savings accounts

  • Advertising Law


GRA will support legislation that brings Georgia’s laws regulating advertisements into accord with federal guidelines


 

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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