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March
14 , 2008
IN THIS ISSUE:
GEORGIA RETAIL ASSOCIATION MOVES BILLS ALONG
• SALES TAX HOLIDAYS
• ORGANIZED RETAIL THEFT BILL
• SUNDAY SALE OF ALCOHOL MOVES FORWARD
GOVERNOR CALLS FOR $310 MILLION IN BUDGET CUTS
CROSSOVER DAY SUCCESSES
CROSSOVER DAY CASUALTIES
TROUBLESOME BILLS STILL ALIVE
OTHER BILLS PASSED
"I am not robbed by people who have more money than I. I am
robbed by a government that wants to penalize my industry and give
increasing portions of what I earn to people who do not emulate
my principles, morals and ethics. We once taught our young people
the virtues of hard work, saving, personal responsibility and accountability
for one's actions ... We now teach them entitlement, victimhood,
class envy and rights to other people's money." Cal
Thomas, conservative American syndicated columnist
and author
Please review carefully those bills listed under the category, Troublesome
Bills Still Alive, and provide us with feedback if these
bills are injurious to your company.
Georgia Retail Association Moves Bills Along
Legislation, like the phoenix, rises from the ashes. Organized Retail
Theft, the Sales Tax Holidays, and Sunday Sales all were worked
extensively by GRA during the last two weeks. Hour after hour was
spent working with legislators to garner support for these issues.
In the end, Organized Retail Theft and the sales Tax Holidays were
passed by the House and Sunday Sales was given new life.
HB 1346, Organized Retail Theft.
With hope fading, GRA was able to revive the failing bill and move
it through three committees before it was considered by the House
on Thursday, March 11th. GRA had worked for weeks to develop language
acceptable to the Georgia Prosecutors Association. Then, in virtually
the 11th hour, it all came together. The bill, sponsored by Representative
Larry O’Neal, (R), was passed by the House of Representatives
on Tuesday, March 11 by a vote of 163 to zero. The bill will be
carried in the Senate by Senator Bill Hamrick (R) 30th.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1346.htm
SB 454, Sunday Sale of Alcoholic Beverages
in Public Stadiums, Coliseums, and Auditoriums, was amended
in the House Regulated Industries Committee on Wednesday, March
12th to allow the Sunday sales of beer, wine and liquor in stores
retail establishments. The bill to allow Sunday sales has been stalled
by Senate leaders for more than a year. However, action by Roger
Williams, Chairman of the House Regulated Industries Committee to
amend SB 454 gave new life to the bill when the language was added
to the Gwinnett Ball Park Sunday beer sales bill. Counties where
alcohol was sold by the drink on Sundays would be allowed to consider
the local option for themselves in referendum. The amendment route
was the only path left to get the controversial bill before lawmakers
in the current session.
Governor Sonny Perdue Called For $310 Million In Budget
Cuts
Ad Valorem Inventory bills, and similar tax relief packages ran
into a major roadblock on Monday, March 10, when Governor Sonny
Perdue called for $310 million in budget cuts due to reduce revenue
projections linked to the slowing of the economy.
Crossover Day
The "crossover day" deadline, day 30, for this session
was Tuesday night March 11. When the House closed for business at
10:35 PM 1,240 bills and resolutions were all but dead for this
year. That's because they failed to pass in at least one chamber
of the legislature. It's possible some of them could be resurrected
by lawmakers who amend their bills into some other legislation that
already has passed the House or Senate.
Crossover Day Successes
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
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. This bill is the 2008 sales tax holidays bills.
The back-to-school sales tax holiday would be July 31st to August
3, 2008 and the Energy STAR sales tax holiday would be October 2,
2008 to October 5, 2008.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb948.htm
Passed by the House on March 5, 2008 and will be carried in the
Senate by Senator Chip Rogers.
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: Passed by the House on March 11, 2008
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: Passed by the House on March 6, 2008
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: Passed by the House on March 11, 2008
HR 1246, The Property Tax Reform Amendment,
was passed by the House by a 166-5 margin. Under the resolution
Georgia would begin eliminating the property tax on personal-use
cars on July 1, 2009. Half would be removed between then and June
30, 2010, and the other during the next 12 months. When fully implemented,
drivers would save $750 million.
The bill also caps residential and commercial assessments at 2007
levels, plus a 3% annual acceleration clause. This, language, including
limits on non-residential property assessments, (i.e. commercial
property) was a major emphasis of GRA’s work this session
on property tax legisaltion. The state would also stop collecting
a 0.25-mill tax on property. The average homeowner would save about
$30. Overall, it would save Georgians across the state about $90
million a year.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1246.htm
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
HB 1346, Organized Retail Theft.
With hope fading, GRA was able to revive the failing bill and move
it through three committees before it was considered by the House
on Tuesday, March 11th. GRA had worked for weeks to develop language
acceptable to the Georgia Prosecutors Association. Then, in virtually
the 11th hour, it all came together. The bill, sponsored by Representative
Larry O’Neal, (R), was passed by the House of Representatives
on Tuesday, March 11 by a vote of 163 to zero. The bill will be
carried in the Senate by Senator Bill Hamrick (R) 30th.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1346.htm
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: Passed by the Senate on February 26, 2008
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: Passed by the Senate on March 4, 2008
Bills Defeated
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
HB 912, Limiting the Sale of Alcohol,
sponsored by representatives Mary Margaret Oliver, (D) 83rd District,
Kevin Levitas, (D) 82nd District, Ed Lindsey, (R) 54th District,
Fran Millar, (R) 79th District, and Don Wix, (D) 33rd District,
would regulate the sale of alcoholic beverages for consumption on
the premises in any county or municipality to make it unlawful to
sell alcohol for consumption of the premises from 2:30 A.M. until
9:00 AM each day of the week and weekend.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb912.htm
HB 915, “Second Amendment Protection
Act of 2008”, sponsored by Representative Tim Bearden,
(R) 68th District, would make wide changes to the state’s
gun laws.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb915.htm
HB 923, Providing for Two Insurance Choices,
sponsored by representatives Carl Rogers (R) 26th District, Ben
Harbin (R) 118th District, Mark Burkhalter (R) 50th District, and
Jay Shaw (D), 176th District would require insurers offering insurance
to small businesses (defined by the bill as from 1 to 99 employees)
to offer at least two choices of approved accident and sickness
insurance products to health insurance consumers. It would allow
insurers to impose up to 18 months´ preexisting condition
limitations upon any sole proprietor small group if such sole proprietor
cannot furnish evidence of prior creditable coverage from prior
group or individual health insurance coverage or prior employer
group self-funded coverage.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb923.htm
HB 940, Prohibiting Microchip Implantation,
sponsored by representatives Ed Setzler, (R) 35th District, Barry
Loudermilk, (R) 14th District and Tyrone Brooks, (D) 63rd District
would make it a civil crime with a penalty of up to a $10,000 fine
to require a person to have a microchip implanted, other than on
a voluntary basis.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb940.htm
HB 946, Require High Efficient Plumbing
Fixtures, sponsored by representatives Karla Drenner (D), 86th
District, Tom McCall, (R), 30th District, John Lunsford (R), 110th
District, Stephanie Stuckey Benfield (D), 85th District, and Michele
Henson (D), 97th District, would preclude the construction or sale
of private and/or commercial properties unless high efficient faucets,
toilets, urinals and shower heads were installed and would require
replacing old fixtures with high efficiency models.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb946.htm
HB 952, Storage of Scrap Tires, sponsored
by Representative Virgil Fludd (D), 66th District, would institute
tighter controls of the storage of scrap automobile tires.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb952.htm
HB 973, Georgia Trauma Hospital Support Act of 2008,
this bill, opposed by GRA, would have placed a $1 fee on telephone
and wireless service bills to fund trauma care.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb973.htm
HB 1028, Wire Transmission Fee Bill,
opposed by the Georgia Retail Association, would have placed a 2
percent fee on wire transfers. The bill allowed a transfer company
to keep 20 percent of that fee to cover their record-keeping costs.
Fees collected under the bill would have been allocated to trauma
care programs.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1028.htm
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
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
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
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
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
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.
http://www.legis.ga.gov/legis/2007_08/sum/hb1197.htm
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
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
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
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
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
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
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
Crossover Day Casualties
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
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
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
http://www.legis.ga.gov/legis/2007_08/fulltext/hb947.htm
HB 956, Appeal of Zoning Judgments and
Rulings, sponsored by representatives Doug Holt, (R) 112th District,
Wendell Willard, (R) 49th District, Jay Roberts, (R) 154th District,
and Terry England, (R) 108th District, would provide for direct
appeal of zoning decisions.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb956.htm
HB 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
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
HB 1029, Economic Stimulus Tax Break,
sponsored by representatives Chuck Martin, (R) 47th District, Mark
Burkhalter, (R) 50th District, Jerry Keen, (R) 179th District, Ben
Harbin, (R) 118th District and DuBose Porter, (D) 143rd District,
would provide a one-time relief for Georgians from any tax liability
related to the checks received as part of the Federal Economic Stimulus
measure.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1029.htm
HR 1037, Ad Valorem Inventory Tax Relief,
sponsored by Representative Ron Stephens, (R) 164th District, proposes
an amendment to the Constitution so as to authorize the governing
authority of any county or municipality, subject to referendum approval,
to exempt from ad valorem taxation, in whole or in part, inventories
of retail businesses.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1037.htm
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
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
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
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
Troublesome Bills Still Alive
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
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
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/sum/hb447.htm
Status: Passed by House on March 6, 2008
HR 1226, One Cent Tax for Transportation.
Lawmakers came a step closer Wednesday to passing a transportation
funding tool as a House committee passed its own version of a local
optional sales tax for roads. The resolution would call for a constitutional
referendum on increasing the general state-wide sales and use tax
by 1 percent. 90 percent of the funds raised would be expended for
transportation purposes in the regions where the funds were collected
and 10 percent of the funds collected would be expended for state-wide
transportation projects. To pass the House, the local sales tax
would need two-thirds majority vote. Then it would go back to the
Senate and probably end up in conference committee to work out differences.
http://www.legis.state.ga.us/legis/2007_08/fulltext/hr1226.htm
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: Passed by the Senate on February 19, 2008, but superseded
by HB 139.
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: Passed by the Senate on February 2, 2008
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 but replaced in House by HR 1226
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 propose an amendment to the Constitution
so as to authorize community redevelopment and authorize counties,
municipalities and local boards of education to use tax funds for
redevelopment purposes and programs.
http://www.legis.ga.gov/legis/2007_08/fulltext/sr996.htm
Status: Passed by the Senate on March 6, 2008
Other Bills Passed By Either House
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 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
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 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: Passed by the House on March 5,2008
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
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
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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