Legislative Bulletin - April 13, 2007

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Welcome to Week 12 of the Georgia Chamber of Commerce Legislative Bulletin.  The House and Senate both met in their respective chambers and in committee meetings throughout the week to finish out Friday as the 36th day of the session.  Both chambers will resume meeting next Monday, Tuesday, Thursday, and Friday to bring the 2007 session of the Georgia General Assembly to a close on Day 40.

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

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:  Passed the Senate Finance Committee on April 12.
Georgia Chamber Position: Support.

HB 451 - Georgia Tourism Development
Sponsors:  Reps. Lewis, Stephens & Parrish
This bill would provide a 25 percent sales tax reimbursement on the total capital investment for tourism product development for companies creating certain tourism attractions.
Status:  Passed the Senate Economic Development Committee on April 12.
Georgia Chamber Position:  Support.

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 March 27. The Senate Natural Resources Committee will review HB 463 on April 16.
Georgia Chamber Position: Support.

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 on April 11.  HB 227 now awaits the Governor’s signature.

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 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 House Judiciary (NC) committee on April 11.  Now moves to House Rules committee where it will be eligible for placement on House debate calendar. 
Georgia Chamber Position: Neutral.  The Georgia Chamber worked to successfully remove language previously contained in this bill that could have held Georgia businesses liable in costly civil suits due to the actions of others.

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 House Judiciary (NC) committee on April 10.  Now moves to House Rules committee where it will be eligible for placement on House debate calendar. 
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.

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, March 27 (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 critical days ahead.

Small Business
HB 128 - Sales Tax Holiday
Sponsors: Reps. L. Smith, J. Jones, England, Mosby, Nix & Talton
This bill would set the State sales tax holiday on school supplies for August 2-5, 2007 and the State sales tax holiday for energy efficient products for October 4-7, 2007.
Status: Passed by the House of Representatives, February 27. Recommended Do Pass by the Senate Finance Committee on April 12.
Georgia Chamber Position: Support. The continuation of the State sales tax holiday was included on the 2007 Georgia Chamber Legislative Agenda and will be pursued this legislative session.

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 March 27. Recommended Do Pass by the Senate Finance Committee on April 12.
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
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: Scheduled for a vote in the Senate this coming Monday (April 16).
Georgia Chamber Position: Support.

HB 443 - Statewide Reserve Ratio
Sponsor: Reps. Coan, Pruett, M. Scott, Teilhet, England
This bill adds to the exceptions for services deemed to be employment and extends suspensions of the adjustments based upon the State-wide Reserve Ratio to December 31, 2009.  It also slightly changes weekly benefit amounts.
Status: Passed Senate today (April 13).  HB 443 now awaits the Governor’s signature.   
Georgia Chamber Position: Support.

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 for pre-employment purposes.
Status: Passed House Industrial Relations committee on April 11.  Now moves to House Rules committee where it will be eligible for placement on House debate calendar.   
Georgia Chamber Position: Support.  The Georgia Chamber of Commerce upholds the right of employers to ensure a safe, drug-free workplace.

SB 131 - Subsequent Injury Trust Fund Modification
Sponsor: Sen. Hudgens
This bill would change the payment of assessments to the fund by insurers and self-insurers.  It would require that an employer who has ceased to be self-insured continue to be liable to the fund for
assessments in subsequent calendar years so long as payments are made on any workers' compensation claims made while self-insured.
Status: Passed House Industrial Relations committee on April 11 where a costly amendment that was opposed by the Georgia Chamber was defeated.  Now moves to House Rules committee where it will be eligible for placement on the House debate calendar. 
Georgia Chamber Position: Support with NO AMENDMENTS.

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