News Releases

Friday, 01 April 2022 19:11

2022 Legislative Session: Week Twelve

There is now only one day left in the 2022 Session. Week Twelve saw movement on very important bills including legislation sponsored by Speaker David Ralston reforming mental health care in the state. That bill was passed by the Senate and Agreed to by the House. This action allowed numerous other bills that were being held by the two chambers to move forward.

There are still a number of bills left to be decided on including legislation to allow sports betting (and possibly other forms of gambling) in Georgia, Freedom to Farm legislation and more. The Senate and House are also wrangling over how large of an income tax cut to pass following a record year for state tax collections. The next few days will see long nights and lots of deals getting cut as legislators look to get these bills over the finish line.

SB 332-The Georgia Inform Consumers Act Passes by Overwhelming Margin
The Georgia Retailers' top priority during the 2022 Session, the Georgia Inform Consumers Act, was passed by the House on Monday of this week by a vote of 155-4. The Senate followed that action by agreeing to the House version on Wednesday.

The legislation, sponsored by Sen. John Albers of Roswell, will require online marketplaces to collect certain basic information from third-party sellers of new, unused items who make at least $5,000 in sales. SB 332 also requires third party sellers with $20,000 or more in annual sales to provide a phone number, email or other form of direct contact between the buyer and seller. 

The legislation will give consumers access to more information about the third-party sellers they are buying from. Many third party sellers take advantage of the anonymity currently offered by online platforms hiding behind trusted brands like Amazon and ebay to sell stolen merchandise to unknowing consumers. In addition, the new law gives law enforcement another tool to track and fight organized retail crime. 

The GA Retailers would like to thank the members who came to the Capitol to help lobby the bill and speak in favor of it during committee hearings. We also need to thank the members of the Senate and House who supported the legislation. Members can see how legislators from their district voted on the bill by clicking on the Votes section at the bottom of this page.

Legislative Schedule
The General Assembly has now completed 39 Legislative Days of the 40 Day Session.
Next week’s schedule is as follows:

  • Saturday (4/2) – Committee Day
  • Sunday (4/3) – Committee Day
  • Monday (4/4) – Legislative Day 40/Sine Die!

Friday, 25 March 2022 13:22

2022 Legislative Session: Week Eleven

Week Eleven of the 2022 Session is in the books. The budget has now been passed by the Senate which means that the negotiation can begin between the House and Senate on how much money each program or project is going to receive in the coming fiscal year. Getting the budget agreed on by both sides is a discussion that occurs at the highest levels with the Appropriations Chairs and Majority Leaders of the House and Senate serving on the Conference Committee.

As we get closer to the end of Session, conference committees are now being tasked with reconciling different versions of bills that are passed. This process starts when a bill passes both chambers but with different language. Even a slight difference means that the bill is in limbo until the final language is agreed to by both Chambers. Either chamber can Recede from its position and allow the other chamber’s language to be the final version. This allows the bill to move forward to the Governor. 

If the House and Senate both insist on the language, a conference committee is appointed with three members from each. Those members negotiate the language, and the bill can look very different when they are finished. If a majority of the conference committee comes to an agreement on the final product, they issue a conference committee report that both the House and Senate must again pass with a majority of the members.

The Agree/Disagree and Conference Committee process offers many opportunities for new twists and turns in the making of legislation. 


Georgia Inform Consumers Act Receives 
Do Pass Recommendation; Scheduled for Floor Debate on Monday, March 28

SB 332, the Georgia Inform Consumers Act, was passed by the House Judiciary Committee by substitute on Tuesday of this week. The Committee included language sought by Amazon that would clarify that the “unhindered” communication between consumers and third-party sellers did not prevent them from monitoring the chat function their platform provides and acting on any abusive behavior through the chat function. Georgia Retailers argued against the change with committee members prior to the meeting because of concerns that it could be used by the company to cut off communication between a consumer with a legitimate complaint and a seller who didn’t want to resolve the complaint.

Despite that small change, the bill remains overwhelmingly positive for the retail industry and consumers. The legislation was heard in the Rules Committee today and placed on the calendar for Floor Debate and a vote in the House on Monday. Rep. Houston Gaines of Athens will present the bill on the floor and answer any questions that other Representatives may have.

Assuming SB 332 passes, the bill would then go back to the Senate for an Agree or Disagree motion. An Agree motion that succeeds would send the bill to the Governor for his signature or veto. The Governor has 40 days following the end of Session to review legislation and make a decision on the bill.

Legislative Schedule
The General Assembly has now completed 35 Legislative Days of the 40 Day Session.
Next week’s schedule is as follows:

  • Monday (3/28) – Legislative Day 36
  • Tuesday (3/29) – Legislative Day 37
  • Wednesday (3/30) – Legislative Day 38
  • Thursday (3/31)– Committee Day 
  • Friday (4/1)– Legislative Day 39

Friday, 18 March 2022 13:40

2022 Legislative Session: Week Ten

Week ten began with a bang as Crossover Day took place on Tuesday. Both the Senate and the House worked late into the night with multiple controversial issues providing plenty of fireworks and lots of “oohs and ahhs” by the lobbyists watching the screens outside the chambers as vote counts were displayed. After the dust had settled, a better picture of which legislation is still alive and which bills will have to wait a year (or longer) has emerged. 

Wednesday through Friday, on the other hand, was a time for the General Assembly to collect its breath and restart the process of committee hearings with bills from the other chamber. 

One final word of warning…as everyone familiar with this process knows, legislation is never really dead at the Georgia State Capitol. Language from bills that are considered “dead” can be amended into bills that are considered “germane.” Typically, bills are germane when they are located in the same code section as the original bill or if the subject matter is the same. These bills are also known as “vehicles” and identifying vehicles is a big part of what the lobbying team will be doing over the next few weeks to ensure that no nasty surprises slip though the chaos which defines the final days of a Session.

“Must Accept Cash” Bill Held on Crossover Day
HB 1152, requiring retailers to accept cash for purchases, was not brought to the House floor for a vote on Tuesday and so will be ineligible for further consideration. As noted above, language from the bill could be added to other legislation that is still moving. Considering the second signer on the bill is the Chairman of the Agriculture and Consumer Affairs Committee, it will be important to monitor that committee for any legislation that could serve as a vehicle.

Georgia Inform Consumers Act Receives First Hearing in House; Substitute Language Being Considered
The House Judiciary Committee held a hearing Thursday afternoon on SB 332, the Georgia Inform Consumers Act. Chairman Chuck Efstration, (R – Dacula) brought a substitute with language sought by Amazon that allows them to monitor the chat function of the merchants that use their platform. 

Two representatives from the online marketplace companies spoke against the bill and asked for it to be held. Neither seemed to have much impact with the committee. Georgia Retailers spoke for the legislation along with representatives from members companies Walmart, CVS, Walgreens and The Home Depot. The Georgia Food Industry Association also spoke in support of the legislation.

While the committee did not take a vote in this hearing, the Chairman indicated that a vote would be taken at the next meeting which is likely to be held early next week.

Legislative Schedule
The General Assembly has now completed 31 Legislative Days of the 40 Day Session.
Next week’s schedule is as follows:

  • Monday (3/21) – Legislative Day 32
  • Tuesday (3/22) – Legislative Day 33
  • Wednesday (3/23) – Legislative Day 34
  • Thursday (3/24) – Committee Day 
  • Friday (3/25)– Legislative Day 35

Friday, 11 March 2022 19:35

2022 Legislative Session: Week Nine

Qualifying week is over and the election field has taken shape in Georgia. While most of the media focus is on the big national races for US Senate and the Governor’s office, the impact on the General Assembly is significant as well. Over 70% of the House and Senate seats will be involved in competitive races. Some of those will be open seats where the incumbent has retired or is running for another office. However, most of the races will include an incumbent running for re-election against challengers. We’ll have a more complete review of the legislative and state-wide races following the Session.

With Qualifying over, the pressure will be on the General Assembly to finish its business in early April so that the members can start raising money and campaigning. 

Legislation Requiring Retailers to Accept Cash Moves to Rules Committee
HB 1152, requiring retailers to accept cash for purchases, passed the House Agriculture and Consumer Affairs Committee this week. The bill would require stores that do not keep cash for change to give the customer store credit if they cannot make change for a customer transaction. The bill does exempt online purchases but is unclear whether a delivery service would fall under the new rules. If the bill moves forward, amendments are being prepared to clarify that a business would be in compliance as long as the store had one location such as a register or a customer service counter that accepted cash and to clarify that the bill would not apply to delivery services.

Legislative Schedule
The General Assembly has now completed 27 Legislative Days of the 40 Day Session.
Next week’s schedule is as follows:

  • Monday (3/14)– Out of Session
  • Tuesday (3/15)– Legislative Day 28 (Crossover Day)
  • Wednesday (3/16)– Legislative Day 29
  • Thursday (3/17)– Legislative Day 30
  • Friday (3/18) – Legislative Day 31

Friday, 04 March 2022 16:09

2022 Legislative Session: Week Eight

The Session is past the half-way point and we are closing in on Crossover Day which is scheduled for March 15th. House and Senate Committees are winding up their work on the bills that have been introduced in those respective chambers, and floor debates are lasting longer (and getting more heated) as the issues get more contentious. Most committees will have one or two more committee meetings prior to Crossover Day but that doesn’t leave much time for issues that are struggling to gain traction.

Over 30 bills that would have negatively impacted labor and employment practices such as raising the minimum wage, making changes to the Family and Medical Leave Act and other issues have been filed this Session. While these bills have not received a hearing and are not likely to get one prior to the 15th thanks to Georgia’s pro-business political climate, they demonstrate that the retail industry cannot take its eye off the ball during Session. It also points to the importance of the industry continuing to support legislators from both parties who are willing to listen to the retailers’ point of view.

PROHIBITION AGAINST LOCAL REGULATIONS OF EMPLOYEE HOURS AND SCHEDULING MOVING FORWARD
SB 331 by Sen. John Albers (R – Roswell) prohibits local governments from passing ordinances which would place restrictions on an employer’s ability to set an employee’s schedule as best meets the needs of the business. Local governments will retain the ability to set operating hours for businesses inside its limits. The bill has passed the Senate and is currently in the House Insurance and Labor Committee. 

APPORTIONMENT OF DAMAGES IN SINGLE-DEFENDANT LAWSUITS PASSES HOUSE 
HB 961 by Rep, Chuck Efstration (R – Dacula) authorizes the apportionment of damages in single-defendant lawsuits for injury to person or property and allows evidence of the fault of nonparties in a case to be presented in those cases. Apportionment is available in current law in cases with multiple defendants, but single-party cases where another party may bear partial responsibility were being treated as if the defendant held all of the responsibility for the injury. Providing this evidence during trial may help limit the awards in these cases. HB 961 passed the House of Representatives this week by a vote of 168-0. 

LEGISLATIVE SCHEDULE
The General Assembly has now completed 24 Legislative Days of the 40 Day Session.
Next week’s schedule is as follows:

  • Monday (3/7)– Out of Session
  • Tuesday (3/8) – Legislative Day 25
  • Wednesday (3/9) – Committee Work Day
  • Thursday (3/10) – Legislative Day 26
  • Friday (3/11) – Legislative Day 27

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