March 23, 2007

Legislative Bulletin - March 23, 2007

 

Welcome to Week 10 of the Georgia Chamber of Commerce Legislative Bulletin.  Both chambers met on Monday and Tuesday and held committee meetings for the rest of the week.  The Senate and the House will resume meeting on Tuesday, March 27, for the 30th day of the 2007 legislative session.  Day 30 is crossover day, which is the last day that a bill can pass out of the chamber that it originated in and still be considered during this session.

 

***REMINDER: OPPOSE SB 43***

 

Call and email your Senators today!
 
The Georgia state Senate will vote Tuesday, March 27th, on Senate Bill 43, which threatens to undermine private property rights for all Georgians.  Tell your Senator not to pass bad public policy that infringes on the rights of business and private property owners.  This will be a close vote ... every contact counts!!!

 

CLICK HERE to view the “Urgent Alert to Business” issued on 3/21/07 urging members to contact Senators and ask them to oppose this anti-business legislation. 

 

Below are among the bills that the Georgia Chamber is actively tracking, listed by category, and the status of each.

 

Compliance
SB 243 - Ethics in Government
Sponsor:  Sen. Unterman
This bill would make changes to the current laws relating to campaign committee disclosures and lobbyists’ registration fees and disclosure filing fines.
Status:  Read for a second time in the Senate on 3/20/07.  Awaiting action in Senate Rules.
Georgia Chamber PositionUnder Consideration.

 

Economic Development & Tourism
HB 374 - Hotel Motel Tax
Sponsors:  Reps. Mills, Stephens, Parrish & Shaw
This bill moves all of the definitions related to appropriate uses of the funds to the front of the code section. Currently, the most important definitions are difficult to find.
Status:  Read for the first time in the Senate on 3/19/07.  Referred to the Senate Finance Committee.
Georgia Chamber Position:  Support.

 

HB 451- Georgia Tourism Development
Sponsors:  Reps. Lewis, Stephens & Parrish
This bill would provide a tax refund for companies creating certain tourism attractions.
Status:  Reported favorably out of the House Ways and Means Committee on 3/19/07.  Awaiting action in House Rules.
Georgia Chamber Position:  Support.

 

SB 80 - Public Retirement Investments
Sponsors: Sens. Judson Hill, C. Thompson, Hudgens, Heath, Jack Hill & Tolleson
This bill would allow for public retirement systems to invest in private investment funds, such as venture capital funds.
Status:  Senate passed on 3/20/07.
Georgia Chamber Position:  Support.

 

Education
SB 111 - University Revenue Protection
Sponsors: Sens. Harp, Cowsert, Davenport, Staton, Chance & Wiles
This bill would allow revenue collected by institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries not to lapse.
Status: Senate passed on 3/20/07.
Georgia Chamber Position:  Support.  The Georgia Chamber of Commerce 2007 legislative agenda supports legislation that would make permanent University System institutions’ ability to carry forward internal funds, including tuition, from one fiscal year to the next.

 

Environmental, Energy, Natural Resources & Water Management
HB 463 - Soil Erosion & Sedimentation Control
Sponsors: Reps. McCall, Powell, Burns, Roberts & Lunsford
This bill defines operator responsibility on sites in which land-disturbing activity occurs. In such case if the prime contractor has operational control and meets the applicable operator training, the subcontractor shall be exempted.
Status: Recommended Do Pass by the House Committee on Natural Resources & Environment on 3/19/07.
Georgia Chamber Position: Support.
 
HB 186 - Sales Tax Exemption on Bio-fuel Facility Construction
Sponsors: Reps. Cole, O'Neal, V. Smith, Golick, Maddox & Pruett
This bill provides for a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol.
Status: Adopted by the House of Representatives on 3/20/07.
Georgia Chamber Position: Under Consideration.  The House Committee on Rules amended HB 186 to address concerns that Chamber members had previously expressed. The Environmental, Energy, Natural Resources & Water Management Committee will be meeting on 3/26/07 to ensure that the language passed by the House is amenable and to vote on the support of this bill.

 

General Business, Technology & Transportation
HB 227 - Consumer Choice for Television
Sponsors: Reps. Lewis, Martin, Stephens, Ehrhart, Watson & Loudermilk
This bill would provide franchise options for cable service providers and video service providers.
Status: Passed the House of Representatives on 3/20/07.  Now moves to the Senate.
Georgia Chamber Position: Support.  The Georgia Chamber of Commerce supports the creation of a statewide video franchise that treats all market providers the same.

 

SB 24 - Internet "Phishing"
Sponsors:  Sens. Staton, Shafer, Chance, Carter, Rogers & Harp
This bill creates civil and criminal penalties to prohibit persons from using the Internet or e-mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority or approval of the business.
Status: Passed subcommittee of House Judiciary (NC) on 3/19/07.  Now moves to full committee.
Georgia Chamber Position: Under Consideration.  The bill was amended in subcommittee to require that a business have “prior knowledge” before they can be found liable in court for actions perpetrated by a rogue employee.  The Georgia Chamber will work to strengthen that language further to require that a business have “actual knowledge”, that an employee was engaging in internet phishing before the business can be held liable for the actions of another.

 

SB 203 - Metals Theft
Sponsors: Sens. Harp, Staton, Mullis, Shafer, Hamrick & Stoner
This bill would increase penalties for those convicted of crimes involving metal theft.
Status:  Passed the Senate on 3/20/07.  Now moves to the House.
Georgia Chamber Position: Support.  Metal theft is a growing trend and a problem that robs businesses of products and forces expensive repairs.  The issue was introduced to the Georgia Chamber during this year's Grassroots Listening Sessions.

 

SB 43 - Firearms in Parking Lots
Sponsors: Sens. Rogers, Whitehead, Williams, Johnson, Heath & Mullis
This bill, an effort to diminish the rights of private property owners, would prevent employers from implementing reasonable rules for the workplace, specifically restrictions of guns on their premises.  A Georgia Trial Lawyers Association amendment to the bill also allows an employer to be held liable in court if they “should have known” that an act of violence might occur.  In effect, this leaves employers in a "catch 22" where any action they take -- or don't take -- can make them liable for the gun-related acts of employees. If an employer takes action against an employee that they think might be dangerous and that employee responds with a violent, gun-related act, the employer may be liable. Conversely, if the employer does nothing and the individual commits a violent act with a gun, the employer may be liable because he "should have known" such an act would occur.
Status: Passed Senate Judiciary committee on 2/08/07. Expecting action this week in Senate Rules and then before the Full Senate.
Georgia Chamber Position: Oppose. The Georgia Chamber of Commerce opposes attempts to pass a law requiring private property owners and employers to permit firearms on their premises.

 

NOTE: If you as a concerned Georgian only engage your elected officials on one issue this year, this should be the one. 

 

This bill strikes at the heart of the pro-business environment that makes Georgia the envy of other states and is a clear erosion of Georgia's Employment at Will Doctrine.

 

Reports state that this bill will be debated on the floor of the Senate on Tuesday, 3/27/07 (Legislative Day 30).


CLICK HERE to view the “Urgent Alert to Business” issued on 3/21/07 urging members to contact Senators and ask them to oppose this anti-business legislation.

 

Please keep up your hard work! 

 

Your voice will be needed to prevent passage of this bill.

 

Workers' Compensation, Labor & Employment

SB 96 - Drug Free Work Screening
Sponsor:
Sens. Golden & Stoner
This bill would strengthen the Drugs Don't Work employer program by allowing for oral screening onsite.
Status: Passed Senate Insurance & Labor committee.  Expected to move to the Full Senate for a vote this coming Tuesday (3/27/07).
Georgia Chamber Position: Support. The Georgia Chamber of Commerce upholds the right of employers to ensure a safe, drug-free workplace and and continues to work together with the authors of this bill to shepherd it through the legislative process.  


HB 424 - Workers’ Compensation
Sponsor: Reps. Coan, Reese, Hamilton, Cox & E. Carter
This bill would require any workers’ compensation hearing to be held within five years of the date of injury and would retroactively dismiss any claim made from July 1, 1985 to July 1, 2007 if action has not been taken within five years of the date of injury.  The injured, while receiving compensation, would be required to undergo physical, psychiatric and psychological testing if asked by their employer. The period that an employer has to choose a rehabilitation center would increase from 15 days to 20 days if rehabilitation is deemed necessary. The maximum amount an employee can be paid in weekly benefits would increase from $450 to $500.
Status: Passed the House of Representatives on 3/20/07.  Now moves to the Senate.
Georgia Chamber Position: Support.

 

For a full listing of bills being considered for action by the Georgia Chamber of Commerce, visit: www.gachamber.com/gov/hotissues.html.