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March
24 , 2008
IN THIS ISSUE:
RESOLUTIONS CONSIDERED AFTER BILL DEADLINE
GRA MEMBERS SAY FIRE SAFE CIGARETTE BILL OKAY
REITS BILL MAY BE CONATINED
STATUS OF BILLS
"Let me be perfectly clear. I want to cut taxes. I want to
cut any tax for any reason. I want to cut them as much as possible.
Why? Because it reduces the ability of government to spend our money
- particularly, state and local governments which must operate on
a balanced budget." Eric Johnson, Georgia
Senate President Pro Tem
Resolutions Considered After Bill Deadline
After March 11, 2008, the 30th day of the legislative session, bills
not already considered on the floor by either house are dead unless
the language in those bills can be attached as an amendment to another
piece of pending legislation from the same section of the state
code. However, resolutions (but not joint resolutions) need not
meet that deadline. So our chores for the final two weeks of the
session are 1. To keep legislation such as the sales tax holiday
and organized retail theft bills alive and moving; 2. To watch for
language being attached to bills that might either help or hurt
retailers; and 3. To follow House or Senate resolutions that might
have an impact on retailers.
HR 1563, ATV Sales and Use Tax Study
Committee, sponsored by Representative John Heard, (R) 104th
District, would create a study committee to review the status of
taxing ATVs, especially those that are not titled in Georgia.
http://www.legis.ga.gov/legis/2007_08/fulltext/hr1563.htm
GRA Members Say Fire Safe Cigarette Bill Okay
Last week we asked for your feedback concerning bills that may be
“troublesome” for our industry. We heard from you and
now 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, which 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,” has been deemed okay
for GRA support.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb418.htm
Status: Passed by the Senate on February 2, 2008
REITS Bill May Be Dead
HB 447, Real Estate Investment Trusts,
sponsored by Representative Larry O’Neal, (R) 146th District,
which 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, may
be kept in committee and therefore die. GRA has worked to contain
this issue.
http://www.legis.ga.gov/legis/2007_08/sum/hb447.htm
Status: Passed by House on March 6, 2008, but may not move in Senate.
STATUS OF BILLS
SR 20, Taxation; provide limitations
on state government tax and expenditures, sponsored by senators
Chip Rogers (R) 21st District, Mitch Seabaugh (R) 28th District,
Chip Pearson (R) 51st District, John Wiles (R) 37th District and
Judson Hill (R) 32nd District, would amend the Constitution to provide
for limitations on state government taxation and expenditures.
http://www.legis.ga.gov/legis/2007_08/fulltext/sr20.htm
Status: Passed by the Senate on March 20, 2008
SB 58, Taxation; payment of taxes where
property lies in more than one county, sponsored by senators
Preston Smith (R) 52nd District, John Wiles (R) 37th District and
John Bulloch (R) 11th District, would amend Article 4 of Chapter
5 of Title 48 of the Official Code of Georgia to repeal provisions
relating to payment of taxes where property lies in more than one
county.
http://www.legis.ga.gov/legis/2007_08/fulltext/sb58.htm
Status: Passed by the Senate on February 13, 2008, but not moving
at this time in the House.
HB 180, In-State Pharmacy and Health
Care Products, (RULES COMMITTEE SUBSTITUTE),sponsored by representatives
Carl Rogers, (R) 26th District Bob Smith, (R) 113th District, Ben
Harbin, (R) 118th District, Mark Burkhalter (R) 50th District and
Ron Stephens (R) 164th District, would require that the Department
of Community Health ensures prescription drugs or other health care
products produced by Georgia biotechnology, biopharmaceutical, or
pharmaceutical companies shall be automatically included on the
preferred drug list under the state health benefit plan, the medical
assistance program, the PeachCare for Kids program, or any other
health benefit plan or policy administered by or on behalf of the
state.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb180.htm
Status: Passed by the House on March 11, 2008
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 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
SB 454, Sunday Sale of Alcoholic Beverages in Public
Stadiums, Coliseums, and Auditoriums, resurrected by the House
Regulated Industries Committee on Wednesday, March 12th is before
the House Rules Committee, which will decide if the measure will
be voted on by the full House. http://www.legis.ga.gov/legis/2007_08/fulltext/sb454.htm
HB 948, Sales Tax Holidays, will
be considered by the Senate Finance Committee on Wednesday, March
26, 2008
http://www.legis.ga.gov/legis/2007_08/fulltext/hb948.htm
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,
amended by Senate – no longer recognizable, as the bill passed
by the House. Under the House version Georgia would begin eliminating
the property tax on personal-use cars on July 1, 2009. The Senate
removed all mention of automobile, but still provides for a freeze
on property taxes.
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,
will be considered by the Senate Judiciary Committee on Wednesday,
March 26, 2008.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb1346.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 1/7/08
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
District, Kasim Reed (D) 35th District, Curt Thompson (D) 5th District,
Don Balfour (R) 9th District and Dan Moody (R) 56th District, would
propose and 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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