February 15, 2016

Georgia Legislative Update
Legislative Days 17-20 (of 40)
  • Good News on Menu Labeling
  • Minimum Wage Bills
  • Committee Updates on:
Data Breach...Tobacco...Labor...Methcheck...Tax Exemptions on Food Bank Donations...Increasing Maximum Truck Weights


Good news from Washington concerning menu labeling:  The House passed H.R. 2017, the Common Sense Nutrition Disclosure Act, 266-144 (33 Democrats voted YES)! This is a good vote and gives us momentum as the bill heads to the Senate! THANK YOU to everyone who called their legislators!
 
 
Georgia General Assembly

We are halfway through the 40-day session and the pace will pick up substantially. The legislators are out of session today due to President's Day, but will be in for the rest of the week.

Good news concerning menu labeling: By a strong, bipartisan vote of 266 - 144 the U.S. House passed H.R. 2017, the Common Sense Nutrition Disclosure Act. Thank you for contacting your Congressional Representatives.

Last week, HB 757, the Pastor Protection Act passed unanimously from the House .....The Governor announces that state revenues are up 10% from January 2015...... Matt Ramsey (R-Peachtree City) and Steve Allison (R-Blairsville) announced they will not seek reelection.

Read below to learn about this week's committees on the following topics:
  • Three minimum wage bills
  • Data breach
  • Tax exemption for retailers donating to Food Bank Bill   
  • Cigarette tax increase
  • Methcheck for PSE sales
Last week, legislators spent committee time listening to three minimum wage bills. Fortunately for the business community, there was not enough support to pass the bills. Last year, Senator Donzella James, (D-Atlanta), introduced a bill that would raise the state's minimum wage to $10.10 an hour and increase with the rate of inflation. This year, Senator Vincent Fort, (D-Atlanta) introduced  SB 0293, which would increase the minimum wage to $15 an hour, and SB 292 which would allow local governments to pass their own minimum wage bills.

Other General Business

New Bills

HB 972, The Georgia Pregnant Workers Fairness Act. The bill mandates any business or person who has 5 or more employees be required to make accommodations for pregnant women in the workplace. The legislation suggest if any of the above created a hardship for the employer they would not be required to comply, but the company would have to prove the hardship. Noncompliance would provide an opportunity for the employee to file a civil action against the company.  

SB 373 provides for equal pay, regardless of gender. It also allows employees to discuss salary/wage with other employees.  

SB 363 prohibits a corporation from using any money or other property of the corporation in connection with a political expenditure unless the stockholders, by vote, have authorized it in advance. 
 
Committee Action

The Senate Science and Technology Committee considered a substitute which made significant changes to SB 276, the Personal Data Security Act. The bill was tabled, with the expectation that the bill would be voted on once the committee had 
a bit longer to review the substantive changes to the bill. The changes appear to have made much of the business community more comfortable with the bill. 

Tobacco

HB 899, authored by Chairman Jay Powell and other House Leadership is scheduled to be heard in committee this week. From a retail perspective, the bill provides that a retailer could lose or have his/her license suspended or revoked if he/she possesses with intent to sell, offer for sale, sells any tobacco brand product or brand family that is not in the Attorney General's directory. Please note, this is already illegal. However, the proposed law puts the retailer's license on the line. Furthermore, each sale or offer to sell shall constitute a separate violation. Each violation could come with a fine up to 500% of the retail value of the cigarettes or $5,000. This penalty is existing law for distributors but adds retailers to that same penalty provision. Additionally, a retailer would be subject to license penalties (termination or suspension, etc.) for the actions of a distributor or stamping agent who fails to report, provides inaccurate reports, or fails to deposit escrow.  

Committee Action 
  • HB 0714, increasing the tobacco excise tax to fund a income tax cut for veterans, was held in committee. There was no vote taken.   
Food

HB 763 dealing with the tax exemptions on food donated to food banks, was heard in subcommittee. The Chair suggested there would be a follow up meeting next week where the bill would receive a vote. It is currently scheduled to be in subcommittee on Tuesday morning.  
 
Transportation

The House Transportation Committee held a hearing to discuss the findings from the summer study committee on truck weights. The committee discussed current maximum allowable truck weights and the potential risk and benefits of increasing the allowable weight. The committee discussed HB 411, Representative Sam Watson's legislation that would allow the maximum gross weight for any vehicle hauling unfinished wood products to be increased to a total of 84,000 pounds with a permit. This vehicle would be limited in terms of distance it can travel. There was discussion about expanding the bill to allow any truck to be afforded this increase in allowable weight, recognizing however, that there is a high likelihood that city and county governments as well as law enforcement may have concerns about that increase. The committee plans on revisiting the issue next week. 

Senator Brandon Beach is working on two pieces of legislation related to MARTA. The bills would allow Dekalb and Fulton counties to hold a referendum providing an additional 1 penny sales tax for transportation purposes. Half of that penny would be used for road projects with the other half for rail.  

Pharmacy 

New Bills
  • HB 1000 requiring an annual independent audit of the State Health Benefit Plan's PBM
Committee Action 
  •  HB 0588, the Georgia Meth Check bill, passed Health and Human Services Committee
 
Current list of Legislators who announced they will not seek reelection

Majority Whip, Representative Matt Ramsey (R-Peachtree City)

Representative Tom Rice (R-Norcross)

Representative Stephen Allison (R-Blairsville)

Representative Mike Dudgeon (R-Johns Creek)

Representative Alex Atwood (R-St Simons), running for Glynn County magistrate

Representative Margaret Kaiser (D-Atlanta), running for Atlanta Mayor

Senator Mike Crane (R-Newnan), is running for Congress 



Georgia Food Industry Association | P: (770) 438-7744 | F: (770) 438-7761 | www.gfia.org