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March
10 , 2008
IN THIS ISSUE:
CREDIT CARD ANTITRUST LEGISLATION INTRODUCED IN CONGRESS
SALES TAX HOLIDAY APPROVED BY THE HOUSE
ONE CHANCE FOR ORGANIZED RETAIL BILL
HOUSE VOTES
SENATE VOTES
“There's nothing in the middle of the road but yellow stripes
and dead armadillos." Jim Hightower,
political activist, columnist
Antitrust Legislation Would Address $40 Billion In Hidden
Credit-Card Fees
On Thursday, March 6, 2008 landmark antitrust legislation, the Credit
Card Fair Fee Act, sponsored by House Judiciary Committee Chairman
John Conyers, (D), Michigan, was introduced in Congress. The bill
would address hidden MasterCard and Visa fees that cost merchants
and their customers more than $40 billion a year. The Credit Card
Fair Fee Act would require credit card companies to negotiate with
merchants over interchange fees
Rather than allowing these fees to continue to be set in secret
and imposed on a take it or leave it basis, this legislation would
require negotiations and allow retailers to seek fair terms and
conditions (this will ultimately mean a better deal for consumers).
Averaging close to 2 percent, interchange is a fee Visa and MasterCard
banks charge merchants every time a credit card or signature debit
card is used to pay for a transaction. Visa and MasterCard collected
an estimated $42 billion in interchange fees in 2007, an increase
of 17 percent over the previous year and 150 percent since 2001.
Interchange is largely unknown to most consumers because Visa and
MasterCard don’t disclose the fee on monthly statements and
effectively keep merchants from disclosing it on receipts. But Visa
and MasterCard effectively require merchants to pass the fees on
to consumers by requiring them to be included in the advertised
price of items and making cash discounts difficult. The fees amount
to about $350 per household each year.
The Conyers bill would require credit card systems possessing “substantial
market power” to negotiate with merchants to reach a voluntary
agreement on credit card terms and conditions. If an agreement cannot
be reached, both sides would be required to submit to binding arbitration
by a three-judge panel appointed by the Department of Justice and
Federal Trade Commission.
The arbitration proceedings would take place with a limited 60-day
discovery period and other statutory deadlines, and the judges would
be required to apply a market standard reflecting a perfectly competitive
system where neither side had market power. Terms and conditions
set by the panel would be in effect for three years, at which time
the process would repeat itself. Both sides would receive limited
immunity from antitrust laws in order to participate in the process.
The legislation requires that terms and conditions set under the
process be available to any merchant regardless of size, industry
or location. Individual merchants or groups of merchants would remain
free to negotiate voluntary arrangements with credit card companies
and their banks.
Sales Tax Holiday Approved By The House
The Georgia House of Representatives approved the 2008 sales tax
and Energy STAR sales tax holidays last week. The bill will move
on to the Senate Finance Committee where Senator Chip Rogers has
promised to move on the bill as quickly as possible.
One Chance For Organized Retail Bill
After dealing with an initial pushback from the Georgia Prosecutors
Association, the hard work of the Georgia Retail Association, resulted
in having HB 1346, passed by the Criminal
Justice Subcommittee and the Non-Civil Judicial Committee within
a number of days. Now, its immediate fate will be decided on Tuesday,
March 11, by the House Rules Committee. If the House Rules Committee
does not agree to take up the bill on that day, the legislation
will fail. If the Rules Committee approves the bill, it will go
on to the floor of the House on that day for a vote.
Tuesday, March 11 is Crossover Day, the last day which a bill may
be considered by the chamber where it was introduced as legislation.
If a bill passes either chamber by that day it goes to the other
chamber for its consideration. Unless the language of a bill that
is not considered by that day (or if a bill that fails by floor
vote) can be attached to another bill from the same section of the
state legal code, it ultimately fails.
Legislation Passed By The House Last Week
HB 180 - Prescription Drugs; Sold By Certain Georgia Companies
HB 276 - Biometric Information Protection Act
HB 367 - Generic drugs; health insurance coverage
HB 447 - Real Estate Investment Trusts
HB 948- Sales Tax Holiday
HB 1042 - Prohibiting Prescription Substitution
HB 1132 - Uniform Environmental Covenants Act
HB 1186 - Subsequent Injury Trust Fund
HB 1280 - Alcoholic beverages; regional economic assistance projects
Legislation Passed By The Senate Last Week
SB 404 – Georgia Health Marketplace Act
SB 472 - Anti-cigarette Smuggling Act
SR 796 - Ad Valorem Tax Reform; freeze valuation of real property
SR 996 - Counties/Municipalities; local boards of education; authorize
to use tax funds for redevelopment
LEGISLATION
Organized Retail Theft
HB 1346, Organized Retail Theft,
sponsored by Representative Larry O’Neal, (R) 146th District
and Willie Talton, (R) 145th District, would create an offense organized
retail theft in Georgia Code.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1346.htm
Status: In Rules Committee
Property Tax Legislation
SB 509, Local Collection of Sales and
Use Taxes, sponsored by senators Chip Rogers (R) 21st District
and David Shafer, (R) 48th District, would give counties and cites
the option of collecting their own sales and use taxes, rather than
have the Department of Revenue collect the taxes and remit such
taxes to the appropriate local government
http://www.legis.ga.gov/legis/2007_08/fulltext/sb509.htm
Status: Assigned to Committee
SR 686, Freezing Residential Property
Taxes, sponsored by senators Eric Johnson, (R) 1st District,
Chip Rogers, (R) 21st District, Tommie Williams (R) 19th District,
David Adelman, (D) 42nd District, Mitch Seabaugh, (R) 28th District
and Regina Thomas (D) 2nd District, would freeze residential property
assessments until the property is sold, unless changes requiring
a building permit are made to the property. SR 686 passed the Senate
this week by a vote of 53-3
http://www.legis.ga.gov/legis/2007_08/sum/sr686.htm
Status: Passed by the Senate on 2/12/08
SR 796, Freezing Assessments and Limiting
Increases in Personal and Business Real Estate Taxes, sponsored
by Chip Rogers, (R) 21st District, would freeze assessment at a
2008 base year amount and would limit increases in sold personal
property to a 2% increase per year and non-residential real estate
taxes to a 3% increase per over. This bill passed the Senate this
week by a 48 to 7 vote.
http://www.legis.ga.gov/legis/2007_08/fulltext/sr796.htm
Status: Passed by the Senate on 2/12/08
NOTE: This is the bill which provides some relief
for non-residential taxes and should receive the support of the
retail community.
SR 859, Eliminating State Portion of
Property Taxes, sponsored by senators Chip Rogers, (R) 21st
District, Joseph Carter, (R) 13th District, Ronnie Chance, (R) 16th
District, Bill Heath, (R) 31st District, Tommie Williams, (R) 19th
District and Eric Johnson, 1st District, would eliminate the state
portion of ad Valorem property taxes. This bill is Governor Sonny
Perdue’s proposed constitutional amendment to eliminate the
state’s portion of the property tax passed the Senate 49-4.
It would cut a relatively small portion of property taxes, about
$94 million in taxes, saving an average homeowner an estimated $30
per year. The amount businesses would save is unknown at this time.
http://www.legis.ga.gov/legis/2007_08/fulltext/sr859.htm
Status: Passed by the Senate on 2/14/08
HR 900, The Great Tax Plan For Georgia,
sponsored by representatives Glenn Richardson, (R) 19th District,
Jerry Keen, (R) 179th District, Mark Burkhalter, (R) 50th District,
Larry O’Neal, (R) 146th District, Barry Fleming, (R) 117th
District and Jay Roberts, (R) 154th District, provides a credit
to each taxpayer with a homestead exemption for their homestead’s
education tax liability, provides each school district with a payment
from the state equal to the lost revenue from homesteads, abolishes
Ad valorem taxes on personal automobiles, and provides that every
local government will receive payment from the state for the dollars
lost from the ad Valorem automobile tax.
http://www.legis.ga.gov/legis/2007_08/sum/hr900.htm
Status: Bill Abandoned in favor of HR 979
HB 979, The Property Tax Reform Amendment,
sponsored by representatives Glenn Richardson, (R) 19th District,
Mark Burkhalter, (R) 50th District, Jerry Keen, (R) 179th District
and Ronald Forster, (R) 3rd District, would amend Georgia Code to
provide for implementation of the Property Tax Reform Amendment.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb979.htm
Status: Postponed by the House
SR 996, Authorization To Use School Tax
Funds For Redevelopment, sponsored senators Dan Weber (R) 40th,
Kasim Reed (D) 35th, Curt Thompson (D) 5th, Don Balfour (R) 9th,
Dan Moody (R) 56th, would
http://www.legis.ga.gov/legis/2007_08/fulltext/sr996.htm
Status: Passed by the Senate on March 6, 2008
HR 1012, County ad valorem tax; state-wide
base value homestead exemption, sponsored by Representative
Kevin Levitas, (D) 82nd District, proposes a constitutional amendment
that would freeze property tax assessments at their current level,
but only for the county portion of the tax bill. (The school portion
is often as much, if not more. Municipal levies also would not be
affected.)
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1012.htm
Status: Awaiting committee assignment
HR 1013, Ad valorem property tax; certain
homestead exemptions; General Assembly, sponsored by Representative
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
Status: In Committee
HR 1038, Ad Valorem Inventory Tax Relief
for Furniture, sponsored by Representative Ron Stephens, (R)
164th District, proposes an amendment to the Constitution so as
to authorize the governing authority of any county or municipality,
subject to referendum approval, to exempt from ad valorem taxation,
in whole or in part, inventories of retail furniture businesses.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1038.htm
Status: In Ways and Means Committee
HR 1037, Ad Valorem Inventory Tax Relief,
sponsored by Representative Ron Stephens, (R) 164th District, proposes
an amendment to the Constitution so as to authorize the governing
authority of any county or municipality, subject to referendum approval,
to exempt from ad valorem taxation, in whole or in part, inventories
of retail businesses.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1037.htm
Status: In Ways and Means Committee
Corporate Tax Legislation
HB 447, Real Estate Investment Trusts,
sponsored by Representative Larry O’Neal, (R) 146th District,
would clarify state conformity with the federal treatment of dividends
received from real estate investment trusts and regulated investment
companies, thereby reducing a federal deduction.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb447.htm
Status: Passed by House on March 6, 2008
HB 926, Defining the Internal Revenue
Code, sponsored by Representative Larry O’Neal (R) 146th
District, would incorporate certain provisions of the federal law
into Georgia law.
http://www.legis.ga.gov/legis/2007_08/sum/hb926.htm
Status: Passed by the House on 2/5/08 and by the Senate on 2/21/08
HB 1150, Defining Distributions for “S”
Corporations, sponsored representatives Dave Knight, (R) 126th
District, Thunder Tumlin, (R) 38th District and Howard Mosby, (D)
90th District, would define 'Distribution credited' as a recognition
or assignment of interest in proceeds or property of a partnership,
Subchapter 'S' corporation, or limited liability company, including
a net distributive share of income which is passed through to members
and which may be subject to Georgia income tax.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1150.htm
Status: In Ways and Means Income Tax Subcommittee
HB 1153, Consent Agreement for Nonresident
Shareholders, sponsored representatives Dave Knight, (R) 126th
District, Thunder Tumlin, (R) 38th District and Howard Mosby, (D)
90th District, would require nonresident shareholders of a Georgia
Subchapter 'S' corporation to execute a consent agreement to pay
Georgia income taxes on their portion of the corporate income, effective
January 1, 2008.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1153.htm
Status: In Ways and Means Income Tax Subcommittee
HB 1154, Requiring Businesses to File
Electronically, sponsored representatives Dave Knight, (R) 126th
District, Thunder Tumlin, (R) 38th District and Howard Mosby, (D)
90th District, would allow the Commissioner of Revenue to require
any non-individual taxpayer to electronically file any return, report,
or other document
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1154.htm
Status: In Ways and Means Income Tax Subcommittee
HB 1155, Withholding Taxes on Non-resident
Partners, sponsored representatives Dave Knight, (R) 126th District,
Thunder Tumlin, (R) 38th District and Howard Mosby, (D) 90th District,
would revise and change certain provisions regarding withholding
tax on distributions to nonresident members of partnerships, Subchapter
"S" corporations, and limited liability companies; to
provide for the collection of withholding taxes from any distributions
paid or any distributions credited to members who are not residents
of Georgia.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1155.htm
Status: In Ways and Means Income Tax Subcommittee
HB 1244, Income Tax Credit For Teleworking,
sponsored by representatives Chuck Martin (R) 47th District and
Karla Drenner, (D) 86th District, would extend the period of time
for teleworking credits to January 1, 2012.
http://www.legis.ga.gov/legis/2007_08/sum/hb1244.htm
Status: In Ways and Means Committee
HB 1290, Overtime Exclusion, sponsored
by representatives Penny Houston, (R) 179th District, Richard Royal,
(R) 171st District, Katie Dempsey, (R) 13th District, Tyrone Brooks,
(D) 63rd District and Gerald Greene (D) 149th District, would provide
for an exclusion with respect to overtime compensation of employees
paid on an hourly basis.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1290.htm
Status: In Ways and Means Committee
GRA Position: Under Consideration
Individual Tax Legislation
HB 896, Income tax credit; qualified ad valorem
tax expenses, sponsored by Representative Kevin Levitas, (D)
82nd District, would provide for an income tax credit with respect
to qualified ad valorem tax expenses.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb896.htm
Status: Awaiting Committee Assignment
HB 897, Tax Credit for Energy Efficient
Appliances, sponsored by representatives Karla Drenner, (D)
86th District, Tom McCall, (R) 30th District, John Lunsford, (R)
110th District, Stephanie Stuckey Benfield, (D) 85th District and
Michele Henson, (D) 97th District, would provide an individual tax
credit for the purchase price of certain energy efficient appliances.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb897.htm
Status: In Committee
HB 947, Income Tax Credit for Replacing Plumbing
Fixtures, sponsored by representatives Karla Drenner, (D) 86th
District, Tom McCall, (R) 30th District, John Lunsford, (R) 110th
District, Stephanie Stuckey Benfield, (D) 85th District and Michele
Henson, (D) 97th District, would make it a misdemeanor to install
non-complying fixtures and would require each manufacturer selling
products in Georgia to offer high-efficiency water closets and urinals
in the following amount:
Fifty percent in 2010
Sixty-seven percent in 2011
Seventy-five percent on 2012
Eighty-five percent in 2013
One hundred percent in 2014
http://www.legis.ga.gov/legis/2007_08/fulltext/hb947.htm
Status: In Committee
HB 976, Premium Tax Exemption for High
Deductible Health Plan Premiums, sponsored by Representative
Tom Knox, (R) 24th District, would allow a premium tax exemption
for certain high deductible health plans sold or maintained in connection
with a health savings account.
http://www.legis.ga.gov/legis/2007_08/sum/hb976.htm
Status: In Committee
HB 977, Tax Exemption for High Deductible
Health Plan Premiums, sponsored by Representative Tom Knox,
(R) 24th District, would allow an income tax exemption for certain
high deductible health plans sold or maintained in connection with
a health savings account.
http://www.legis.ga.gov/legis/2007_08/sum/hb977.htm
Status: In Committee
HB 897, Tax Credit for Energy Efficient
Appliances, sponsored by Karla Drenner, (D) 86th District, Tom
McCall, (R) 30th District, John Lunsford, (R) 110th District, Stephanie
Stuckey Benfield, (D) 85th District and Michele Henson, (D) 97th
District, would provide an individual tax credit for the purchase
price of certain energy efficient appliances.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb897.htm
Status: In Committee
HB 1029, Economic Stimulus Tax Break,
sponsored by representatives Chuck Martin, (R) 47th District, Mark
Burkhalter, (R) 50th District, Jerry Keen, (R) 179th District, Ben
Harbin, (R) 118th District and DuBose Porter, (D) 143rd District,
would provide a one-time relief for Georgians from any tax liability
related to the checks received as part of the Federal Economic Stimulus
measure.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1029.htm
Status: In Committee
HB 1140, Income Tax Credit For Qualified
Water Efficient Products, sponsored by Jeff May, (R) 11th District,
Lynn Smith, (R)70th District, David Knight (R) 126th District, Judy
Manning, (R) 32nd District and Sean Jerguson (R) 22nd District,
would provide a $250 tax credit for water efficient products which
have been designated by the United States Environmental Protection
Agency as meeting or exceeding such agency´s water saving
efficiency requirements or which has been designated as meeting
or exceeding such requirements under such agency´s Water Sense
program.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1140.htm
Status: In Committee
HR 1141, Income Tax Credit For Qualified
Water Efficient Products, sponsored by Jeff May, (R) 11th District,
Lynn Smith, (R) 70th District, David Knight, (R) 126th District,
Judy Manning, (R) 32nd District and Sean Jerguson (R) 22nd District,
would provide a tax credit of up to $500 for water efficient products
which have been designated by the United States Environmental Protection
Agency as meeting or exceeding such agency´s water saving
efficiency requirements or which has been designated as meeting
or exceeding such requirements under such agency´s Water Sense
program.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1141.htm
Status: In Committee
HB 1157, Increasing the Retirement Earned
Income Allowance, sponsored by Representative Austin Scott,
(R) 153rd District, would increase the limitation on the amount
of the earned income allowance for retirement income earned from
interest income, dividend income, net income from rental property,
capital gains income, income from royalties, income from pensions
and annuities, from $4,000 to $16,000 of an individual´s earned
income.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1157.htm
Status: In Ways and Means Income Tax Subcommittee
Sales Tax Legislation
SR 845, One Percent Local Option Sales
Tax, sponsored by Jeff Mullis, (R) 53rd District, Doug Stoner,
(R) 6th District, Kasim Reed (D) 35th District, Tommie Williams,
(R) 19th District, John Wiles, (R) 37th District and Judson Hill
(R) 32nd District, would allow an one percent local option sales
tax to be used for transportation.
http://www.legis.ga.gov/legis/2007_08/fulltext/sr845.htm
Status: Passed by the Senate
HB 895, Expansion of the Energy Star
Sales Tax Holiday, sponsored by Representative Kevin Levitas,
(D) 82nd District, would provide for an expansion of the Energy
Star sales tax holiday to include the purchase of energy efficient
products or water efficient products with a sales price of $1,500.00
or less per product purchased for noncommercial home or personal
use. The sales tax period would be the same as Lynn Smith’s
bill - 12:01 A.M. on October 2, 2008, and concluding at 12:00 Midnight
October 5, 2008.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb895.htm
Status: In committee
HB 948, Sales Tax Holidays, sponsored
by representatives Lynn Smith, (R) 70th District, Jan Jones, (R)
46th District, Penny Houston, (R) 170th District, Thunder Tumlin
(R) 38th District, Gloria Ramsey, (D) 72nd District and Brooks Coleman
(R) 97th District, was passed by the Sales Tax Subcommittee this
week. It will be scheduled for a vote by the Ways and Means Committee
this week.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb948.htm
Status: Passed By House on March 5, 2008
HB 1139, Sales Tax For Road Construction,
sponsored by representatives Vance Smith, (R) 129th District, Donna
Sheldon, (R) 105th District, Jay Shaw, (D) 176th District, Ben Harbin,
(R) 118th District, Carl Rogers, (R) 26th District and Johnny Floyd,
(R) 147th District, would add an one percent increase in the state-wide
sales and use taxes to be used for transportation.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1139.htm
Status: In Committee
HR 1226, Sales Tax For Road Construction,
sponsored by representatives Vance Smith, (R) 129th District, Donna
Sheldon, (R) 105th District, Jay Shaw, (D) 176th District, Ben Harbin,
(R) 118th District, Carl Rogers, (R) 26th District and Johnny Floyd,
(R) 147th District, is the amendment which would allow for HB 1139
which would add an one percent increase in the state-wide sales
and use taxes to be used for transportation.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1226.htm
Status: In Committee
Tobacco Legislation
SB 418, Georgia Fire Safety Standard
and Firefighter Protection Act, sponsored by senators Don Balfour,
(R) 9th District, Lee Hawkins, (R) 49th District and Bill Cowsert,
(R) 46th District, would prohibit the sale of cigarettes unless
the manufacturer of those cigarettes certifies that the cigarettes
meet certain standards as having reduced cigarette ignition propensity
which retard “full-length burns.”
http://www.legis.ga.gov/legis/2007_08/fulltext/sb418.htm
Status: In Committee
SB 472, Anti-cigarette Smuggling Act,
sponsored by senators David Shafer, (R) 48th District, Chip Rogers,
(R) 21st District, Ross Tolleson, (R) 20th District, Bill Hamrick,
(R) 30th District and Doug Stoner, (R) 6th District, would require
the Department of Agriculture to utilize appropriate new technology
which would implement a digital based cigarette stamp process.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb472.htm
Status: In Finance Committee
HB 1138, Tax on Moist Snuff, sponsored
by representatives Mike Coan, (R) 101st District, Earl Ehrhart,
(R) 157th District, Tom Knox, (R) 24th District, Ben Harbin, (R)
118th District, Jon Burns, (R) 157th District and Jay Roberts (R)
154th District, would add an excise tax of 15¢ per ounce of
moist snuff.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1138.htm
Status: In Committee
HB 1197, Increasing the Excise Tax On
Cigarettes by $1, sponsored by representatives Ron Stephens,
(R) 164th District, Chuck Sims, (R) 169th District, Steve Tumlin,
(R) 38th District, Virgil Fludd, (D) 66th District, Al Williams,
(D) 165th District and Howard Mosby, (D) 90th District, would raise
the state tobacco tax from 37 cents per pack to $1.37. Stephens
would like a part of the $500 million that would be raised annually
to go toward tax credits for Georgians to buy health insurance.
Speaker Pro Tem Mark Burkhalter (R-Alpharetta), however, did not
sound optimistic about the proposal's chances. "We continue
to stick by our mantra of no new taxes," Burkhalter said. "If
the idea he wants to fund is worthy, we'll try to find money in
the budget."
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1197.htm
Status: In Ways and Means Income Tax Subcommittee
Credit Legislation
HB 130, Credit File Freeze, sponsored
by representatives Calvin Hill, (R) 21st District, James Mills,
(R) 25th District, John Meadows, (R) 5th District, Terry England,
(R) 108th District and Tommy Benton, (R) 31st District, was amended
on floor to limit fees to $3 (compared to $10 in the un-amended
bill). Other provisions including the need for a certified letter
for the initial freeze request and a 10-business-day period for
receipt of a pin from the credit reporting agency were kept in place.
The act would be effective August 1, 2008, if passed by the Senate.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb130.htm
Status: Amended and passed by House on 1/30/08
SB 361, the Credit File Freeze Bill,
sponsored by senators Chip Rogers, (R) 21st District, William Hamrick,
(R) 30th District, David Shafer, (R) 48th District, Johnny Grant,
(R) 25th District, Gregg Goggans, (R) 7th District and Cecil Staton,
(R) 18th District. The primary differences between the House bill
and Senate bill is that HB 130 requires a certified letter to request
a freeze, while the Senate version would require internet or phone
service to do so; and (2) the Senate bill allows a $5.00 fee, while
the House has a $3.00 fee.
http://www.legis.ga.gov/legis/2007_08/sum/sb361.htm
Status: In Committee
Employment Legislation
HB 276, Biometric Information Protection
Act, sponsored by representatives Ed Setzler, (R) 35th District,
Calvin Hill, (R) 21st District, Tyrone Brooks, (D) 63rd District
and Barry Loudermilk (R) 14th District, would prohibit any employer
or employment agency, public or private, operating in the State
of Georgia from using biometric information for identification purposes
or require as a condition of employment: specifically covered are
(1) information derived from genetic testing; (2) biometric information
other than genetic testing; provided, however, that this condition
may be waived when necessary for employment in positions that involve
unaccompanied access to high security areas, intelligence information,
or children; (3) any information derived from biometric sensors;
or(4) any information derived from personal location tracking technologies.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb276.htm
Status: Passed by the House on March 6, 2008
SB 383, Georgia Affordable HSA Eligible
High Deductible Health Plan, sponsored by senators Judson Hill,
(R) 32nd District, Ronnie Chance, (R) 16th District, Ralph Hudgens,
(R) 47th District, Chip Rogers, (R) 21st District, and Joseph Carter,
(R) 13th District, is the Governor's healthcare bill. The bill would
promote, approve, and encourage to provide the use of HSA’s
by having the Commissioner of Insurance adopt policies to promote,
approve, and encourage health savings account eligible high deductible
plans in Georgia; to provide for exemptions from certain unfair
trade practices for certain wellness and health promotion programs,
condition or disease management programs, health risk appraisal
programs, and similar provisions in such plans; to provide for health
reimbursement arrangement only plans that encourage employer financial
support of health insurance or health related expenses.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb383.htm
Status: In Committee
SB 403, Prompt Payment of Wages Upon
Separation, sponsored by senators Steve Henson, (D) 41st District,
Gloria Butler, (D) 55th District, Ronald Ramsey, (D) 43rd District,
Kasim Reed, (D) 35th District and Horacena Tate, (D) 38th District,
would provide for prompt payment of wages to an employee following
his or her resignation or discharge no later than or at the next
regular pay period for such employee.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb403.htm
Status: In Committee
SB 404, Georgia Health Marketplace Act,
sponsored by senators Tommie Williams, (R) 18th District, Greg Goggans,
(R) 7th District, Ralph Hudgens, (R) 47th District, and Chip Rogers,
(R) 21st District, is the Lieutenant Governor’s health care
bill. The bill would create a website where Georgians could shop
for health insurance plans and compare deductibles, co-payment requirements,
benefits and premiums. If consumers can find a plan that fits their
needs, they can purchase the policy with pre-tax dollars.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb404.htm
Status: Passed by the Senate on March 6, 2008
HB 901, Parent Protection Act, sponsored
by representatives Roger Bruce, (D) 64th District, Margaret Kaiser,
(D) 58th District, John Lunsford, (R) 110th District, Bill Hembree,
(R) 67th District, Howard Mosby, (D) 90th District, and Freddie
Sims, (D) 151st District, would require that employers provide employees
with time off (1) to attend a medical appointment for the employee
or the employee´s spouse or child;
(2) to accompany an elderly relative to a medical appointment; or
(3) to attend a school conference for a child of the employee.
http://www.legis.ga.gov/legis/2007_08/search/hb901.htm
Status: Bill was heard in committee and assigned to a subcommittee
for further study.
HB 923, Providing for Two Insurance Choices,
sponsored by representatives Carl Rogers (R) 26th District, Ben
Harbin (R) 118th District, Mark Burkhalter (R) 50th District, and
Jay Shaw (D), 176th District would require insurers offering insurance
to small businesses (defined by the bill as from 1 to 99 employees)
to offer at least two choices of approved accident and sickness
insurance products to health insurance consumers. It would allow
insurers to impose up to 18 months´ preexisting condition
limitations upon any sole proprietor small group if such sole proprietor
cannot furnish evidence of prior creditable coverage from prior
group or individual health insurance coverage or prior employer
group self-funded coverage.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb923.htm
Status: In Committee
HB 1186, Subsequent Injury Trust Fund,
sponsored by 5epresentatives Ed Lindsey (R) 54th District, Thunder
Tumlin (R)38th District, Kathy Ashe (D) 56th District, Rob Teilhet
(D) 49th District and Wendell Willard, (R) 49th District, would
require that each insurer and self-insurer would make payments on
a pro rata basis to the fund in an amount equal to that proportion
of 175 percent of the total disbursement made from the fund during
the as of December 31 of the preceding calendar year, but not to
exceed $100 million after January 1, 2010.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1186.htm
Status: Passed by the House on March 4, 2008
HB 1210, Deduction for High Deductible
Health Plans, sponsored by representatives Mickey Channell,
(R) 116th District, Donna Sheldon, (R) 105th District, Rich Golick,
(R) 34th District, Sharon Cooper, (R) 41st District and Jim Cole,
(R) 125th District, would provide for an income tax deduction for
high deductible health plans established and used with health savings
accounts.
http://www.legis.state.ga.us/legis/2007_08/sum/hb1210.htm
Status: In Ways & Means Committee
HB 1221, Defining Health Insurance Contract
Group as Two, sponsored by representatives Howard Maxwell, (R)
17th District, Jerry Keen, District, (R) 179th District, Carl Rogers,
(R) 26th District and John Meadows, (R) 5th District, would redefine
as two (currently 100) the number of employees needed for providing
life, health, disability, retirement, or similar benefits.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1221.htm
Status: In Insurance Committee
HB 1278, Low Cost Health Insurance,
sponsored by representatives David Ralston, (R) 7th District, David
Casas, (R) 103rd District, Steve Davis, (R) 109th District, John
Meadows, (R) 5th District and Tim Bearden, (R) 68th District, would
authorize any health care insurer to offer health benefit plans
which are not subject to limitations on level of reimbursement.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1278.htm
Status: In Committee
FEES
SB 439, Prohibiting Fees for Pawn Brokers,
sponsored by Senator Ronnie Chance, (R) 16th District, would prohibit
municipalities, counties, or local governments from enacting local
laws or ordinances that would require the payment of any fee or
tax related to a pawn transaction or purchase.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb439.htm
Status: In Committee
HB 973, Georgia Trauma Hospital Support
Act of 2008, sponsored by representatives Harry Geisinger, (R)
48th District, Sharon Cooper, (R) 41st District, Wendell Willard,
(R) 49th District, Austin Scott, (R), 153rd District and DuBose
Porter, (D) 143 District, would add $1.00 per month for wireless
subscriber to fund trauma care.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb973.htm
Status: In Committee
HB 1028, A 2% Fee on Money Orders and
Money Transmission, sponsored by representatives Tom Rice, (R)
51st District, Barry Fleming, (R) 117th District, Jerry Keen, (R)
179th District, James Mills, (R) 25th District, and Calvin Hill,
(R) 21st District, would to apply a 2% fee to the money transmission
business for all money transmitted. It would provide for a 20% deduction
by the agent selling of the transmission. A bona fide taxpayer would
be able to collect a credit against his/her taxes for the wire transmission
fees. Therefore, it is primarily aimed at illegals and non-taxpayers.
The monies raised through this bill would be applied to trauma care.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1028.htm
Status: In Committee
Pharmacy Legislation
HB 180, Prescription Drugs; Sold By Certain
Georgia Companies, sponsored by the House Committee on Health
and Human Services, would preclude the Department of Community Health
from contracting with health care coverage providers which have
restrictions on providing certain prescription drugs and other health
care products sold by Georgia biotechnology, biopharmaceutical,
or pharmaceutical.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb180.htm
Status: Passed by the House on March 6, 2008
SB 338, Prohibiting Prior Authorization
for Prescriptions, sponsored by senators Jack Murphy, (R) 27th
District, Lee Hawkins, (R) 49th District, Don Thomas, (R) 54th District,
Bill Heath, (R) 31st District, and Tommy Williams, (R) 19th District,
would preclude the practice of prior authorization of prescriptions
by insurance carriers. Generally, this is done to require brand
name drugs rather than generic equivalents.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb338.htm
Status: In Committee
HB 367, Generic drugs; health insurance
coverage, sponsored by representatives Buddy Carter (R) 159th
District, Ron Stephens (R) 164th District, Butch Parrish (R) 156th
District, Bobby Parham (D) 141st District and Sean Jerguson (R)
22nd District, would require that a health insurance coverage for
nonformulary drug products for a ten-day period, in order to allow
time for the pharmacist or patient to contact the physician for
approval of an alternate drug product.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb367.htm
Status: Passed by the House on March 6, 2008
SB 457, Georgia MethCheck Data Base,
sponsored by senators Gloria Butter, (D) 55th District, Robert Brown,
(D) 26th District, Kasim Reed, (D) 35th District, Steve Henson,
(D) 41st District and Ronald Ramsey, (D) 34rd District, would establish
the Georgia MethCheck data base for electronically recording the
identity of those individuals purchasing certain medications used
for the production of methamphetamine, including pseudoephedrine.
At this time, the state does not have a centralized real-time electronic
logbook that can record purchases of products containing ephedrine,
pseudoephedrine, and phenylpropanolamine. The bill infers but does
not clearly state that only pharmacies would be allowed to sell
the products listed above.
http://www.legis.state.ga.us/legis/2007_08/pdf/sb457.pdf
Status: In Committee
HB 798, Georgia Pharmacy Practice Act,
sponsored by representatives Austin Scott, (R) 153rd District, Ron
Stephens, (R) 164th District, Bobby Parham (D) 141st District, Buddy
Carter, (R) 159th District and Pat Gardner, (D) 57th District, would
regulate and license pharmacy benefits managers through the office
of by the Commissioner of Insurance
http://www.legis.ga.gov/legis/2007_08/fulltext/hb798.htm
Status: Passed by the House on 2-28-08
HB 1042 (Substitute Bill), Prohibiting
Prescription Substitution in Specific Cases, sponsored by Sharon
Cooper, (R) 41st District, Joe Wilkinson, (R) 52nd District, Ed
Rynders, (R) 152nd District, Gene Maddox, (R) 172nd District, Tom
Dickson, (R) 6th District and Doug Collins, (R) 27th District, would
prohibit a pharmacist from substituting prescription for a patient
undergoing immunosuppressive therapy without prior consent of the
patient and prescribing physician. This bill is targeted primarily
at epilepsy medications.
http://www.legis.ga.gov/legis/2007_08/sum/hb1042.htm
Status: In House Rules Committee
Worksite Legislation
HB 89, Firearm; carrying and possession,
change provisions, sponsored by representatives Timothy Bearden,
(R) 68th District, Billy Horne, (R) 71st District, Mark Hatfield,
(R) 177th District, Gene Maddox, (R) 172nd District and Tommy Smith,
(R) 168th, would:
• Allow those with a concealed carrying permit to carry a
gun onto private property, including a work place, unless the owner
of that property has a policy against guns on the property.
• Preclude an employer from having as a condition of employment
a prohibition against those with a licensed, concealed carry permit
onto the company’s parking lot, unless the owner of the property
has such a policy.
• Would exempt employers from allowing licensed, concealed
carry permit holders if the parking lot is secured by means of a
gate, security station, or security officer.
• Section 3 (e) of the bill provides blanket immunity for
an employer, property owner, or property owner’s agent from
civil or criminal actions resulting from damages arising out of
an occurrence involving the transportation, storage, possession,
or use of a firearm, unless the employer knew that the person using
the firearm would commit such criminal activity on the employer’s
premises.
• Protect the employment of will provision whereby an employee
may be fired for carrying a gun against policy.
• Give Georgia motorists who carry firearms in their vehicles
the ability to carry the firearms anywhere they wish, rather than
being limited to a glove box or console or somewhere in plain set.
• Require any legal complaints to be handled by the Attorney
General.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb89.htm
Status: In conference Committee; passed by the House on 2/12/07;
amended and passed by Senate on 1/1/7/08
SB 351, State Water Plan, sponsored
by senators Bill Cowsert, (R) 46th District, Ross Tolleson, (R)
20th District, John Bulloch, (R) 11th District, Tommy Williams,
(R) 19th District, and Vance Smith, (R) 52nd District, would provide
for a joint State-wide Water Planning Oversight Committee.
http://www.legis.ga.gov/legis/2007_08/sum/sb351.htm
Status: Passed by the Senate on 2/12/08
HB 915, “Second Amendment Protection
Act of 2008”, sponsored by Representative Tim Bearden,
(R) 68th District, would make wide changes to the state’s
gun laws.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb915.htm
Status: In Committee
HB 940, Prohibiting Microchip Implantation,
sponsored by representatives Ed Setzler, (R) 35th District, Barry
Loudermilk, (R) 14th District and Tyrone Brooks, (D) 63rd District
would make it a civil crime with a penalty of up to a $10,000 fine
to require a person to have a microchip implanted, other than on
a voluntary basis.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb940.htm
Status: In Committee
HB 946, Require High Efficient Plumbing
Fixtures, sponsored by representatives Karla Drenner (D), 86th
District, Tom McCall, (R), 30th District, John Lunsford (R), 110th
District, Stephanie Stuckey Benfield (D), 85th District, and Michele
Henson (D), 97th District, would preclude the construction or sale
of private and/or commercial properties unless high efficient faucets,
toilets, urinals and shower heads were installed and would require
replacing old fixtures with high efficiency models.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb946.htm
Status: In Committee
HB 952, Storage of Scrap Tires, sponsored
by Representative Virgil Fludd (D), 66th District, would institute
tighter controls of the storage of scrap automobile tires.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb952.htm
Status: In Committee
HB 956, Appeal of Zoning Judgments and
Rulings, sponsored by representatives Doug Holt, (R) 112th District,
Wendell Willard, (R) 49th District, Jay Roberts, (R) 154th District,
and Terry England, (R) 108th District, would provide for direct
appeal of zoning decisions.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb956.htm
Status: In Committee
Alcohol Legislation
SB 56, Direct Shipment of Wine, sponsored
by senators Renee Unterman, (R) 45th District, Cecil Staton, (R)
18th District, Don Balfour, (R) 9th District and Seth Harp, (R)
29th District, would provide for the direct shipment of certain
quantities of wine to Georgia residents over the age of 21.
Committees
http://www.legis.ga.gov/legis/2007_08/sum/sb56.htm
Status: In Regulation Industries and Utilities Committee
SR 71, Creation of a Alcohol Regulation
Senate Study Committee; sponsored by senators David Shafer, (R)
48th District, Chip Rogers, (R) 21st District, Jeff Mullis, (R)
53rd District, Preston Smith, (R) 52nd District, Seth Harp, (R)
29th District and Don Thomas, (R) 45th District, would create the
Senate Study Committee on Alcohol Regulations
http://www.legis.ga.gov/legis/2007_08/search/sr71.htm
Status: Regulated Industries and Utilities Committee
SB 137, Sunday Sales, sponsored by
senators Seth Harp, (R) 29th District, Doug Stoner (R) 6th District,
David Adelman (D) 42nd District, John Bulloch (R)11th District,
Vincent Fort, (D) 39th District, and Curt Thompson (D) 5th District,
would authorize the sale of alcoholic beverages on Sunday, beginning
at 12:00 Noon,
http://www.legis.ga.gov/legis/2007_08/search/sb137.htm
Status: Recommitted to Regulated Industries and Utilities
SB 357, Direct Shipment of Wine,
sponsored by senators Rene Unterman, (R) 45th District, Cecil Staton,
(R) 18th District, Bill Cowsert, (R) 46th District, Seth Harp, (R)
29th District, and David Shafer, (R) 50th District, would the direct
shipment of wine to Georgia residents as well as the collection
and submission of retail sales tax on such purchases.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb357.htm
Status: In Committee
HB 912, Limiting the Sale of Alcohol,
sponsored by representatives Mary Margaret Oliver, (D) 83rd District,
Kevin Levitas, (D) 82nd District, Ed Lindsey, (R) 54th District,
Fran Millar, (R) 79th District, and Don Wix, (D) 33rd District,
would regulate the sale of alcoholic beverages for consumption on
the premises in any county or municipality to make it unlawful to
sell alcohol for consumption of the premises from 2:30 A.M. until
9:00 AM each day of the week and weekend.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb912.htm
Status: In Committee
HB 1280, Alcoholic beverages; regional
economic assistance projects, sponsored by representatives Ron
Stephens, (R) 164th District, Tim Bearden, (R) 68th District, Jay
Shaw (D) 176th District, Jay Roberts (R) 154th District and Jeff
May (R) 111th District, would give the licensees at certain entertainment
and/or sports venues the right to sell alcoholic beverages for consumption
on premises on days and at times authorized in any jurisdiction
within this state for the sale of alcoholic beverages, regardless
of what local ordinance or regulations may be in effect in any jurisdiction.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1280.htm
Status: Passed by the House on March 6, 2008
Land Development
HB 1132, Environmental Covenants Convey
With Property, sponsored by representatives Ed Lindsey, (R)
54th District, Thunder Tumlin, (R) 38th District, Kath Ashe, (D)
56th District, Rob Teilhet, (D) 40th District and Wendell Willard,
(R) 49th District, would require that environment covenants convey
with property.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1132.htm
Status: Passed by the House on March 4, 2008
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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