Legislative Bulletin - March 30, 2007
Welcome to Week 11 of the Georgia Chamber of Commerce Legislative Bulletin. Tuesday, March 27, marked Crossover Day for the Legislature, which means any bill that failed to pass it's originating Chamber by the end of the day is dead for this session. The Senate and House met the rest of the week to close out day 33 and will recess until April 10.
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: Passed by the Senate on 3/27/07. Read for a second time in the House on 3/29/07.
Georgia Chamber Position: Under Consideration.
Economic Development & Tourism
HB 451 - Georgia Tourism Development
Sponsors: Reps. Lewis, Stephens & Parrish
This bill would provide a tax refund for companies creating certain tourism attractions.
Status: Passed by the House of Representatives on 3/27/07. The Senate read and referred it to the Economic Development Committee on 3/27/07.
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: Read for a second time in the House on 3/28/07.
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: Heard in the House Appropriations Higher Education Sub-Committee on 3/28/07.
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: Adopted by the House of Representatives on 3/27/07.
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: Read and reffered by the Senate on 3/27/07.
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.
Federal Affairs
HR 800 - The Employee Free Choice Act
Sponsors: Reps. Miller of California, King of New York, Andrews, Peterson of Minnesota, Doyle, Murtha & Olver
This bill would eliminate secret ballot elections in employee union authorizations.
Status: Being marked-up by the Senate Health, Education, Labor & Pension Committee this week.
Georgia Chamber Position: Oppose. The Georgia Chamber of Commerce supports protecting employee rights with the integrity of a secret ballot.
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 Senate Regulated Industries & Utilities committee on 3/29/07. Now moves to Senate Rules committee for placement on Senate calendar.
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: Tabled for further discussion at a later date by House Judiciary (NC) committee on 3/29/07.
Georgia Chamber Position: Under Consideration. Georgia Chamber members have asked that the committee amend the bill to strengthen it by requiring that a business have “actual knowledge”, that an employee was engaging in illegal 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 a subcommittee of House Judiciary (NC) on 3/29/07. Now moves to full committee.
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.
Healthcare
SB 102 - Chiropractors' Scope of Practice
Sponsors: Sens. Balfour, Unterman, Rogers, Williams & Henson
This bill would increase chiropractors' scope of practice.
Status: Passed Senate on 3/27/07. Read and referred to House Health & Human Services committee.
Georgia Chamber Position: Oppose. This issue raises significant new cost concerns for many in the business community.
Judiciary
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 in Georgia, 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: Failed to be called up for debate in the Senate on Tuesday, 3/27/07 (Legislative Day 30). Much credit is due to Lieutenant Governor Casey Cagle and the Georgia Senate for their courage in deciding not to take up this anti-business measure.
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: OPPONENTS OF GEORGIA BUSINESSES continue their ill-advised efforts to attach this bill's language to other bills that are still alive.
Please watch for continued "Action Alerts" from the Georgia Chamber of Commerce as this situation unfolds in the days and weeks ahead.
Taxation & Business Incentives
HB 169 - Sales Tax Exemption on Charitable Prepared Food Donations
Sponsors: Reps. Martin, Chambers, Royal, Scott & Williams of the 4th
This bill would eliminate the current sales tax placed on prepared food donated for charitable and/or disaster relief efforts.
Status: Passed by the House of Representatives on 3/27/07.
Georgia Chamber Position: Support. The elimination of the State sales tax on charitable prepared food donations was included in the 2007 Georgia Chamber Legislative Agenda and will be pursued this legislative session.
Workers’ Compensation, Labor & Employment
HB 424 - Workers’ Compensation
Sponsors: 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: Referred to Senate Insurance & Labor committee on 3/27/07.
Georgia Chamber Position: Support.
SB 96 - Drug Free Work Screening
Sponsors: Sens. Golden & Stoner
This bill would strengthen the Drugs Don't Work employer program by allowing for oral for pre-employment purposes.
Status: Passed Senate on 3/27/07. Referred to House Industrial Relations on 3/28/07.
Georgia Chamber Position: Support. The Georgia Chamber of Commerce upholds the right of employers to ensure a safe, drug-free workplace and will likely move to Support this bill in the coming week.
For a full listing of bills being considered for action by the Georgia Chamber of Commerce, visit: www.gachamber.com/gov/hotissues.html.

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