The Report from the Capitol
In the continued effort to keep our members informed of the latest developments from the Georgia General Assembly the Georgia Railroad Association is pleased to provide the latest Capitol Report. (Download Latest Report)
FEBRUARY 10, 2012
Agreement reached on H.R. 7
The Association of American Railroads and the American Trucking Associations released a joint statement yesterday announcing the agreement they were able to reach. The agreement states the ATA will not pursue increased truck size and weight amendments if AAR agrees not to oppose the current language in HR 7 and stops running ads in opposition to TSW.
Metals theft legislation passes out of committee
SB 321 by Sen. Renee Unterman passed out of the full Senate Regulated Industries Committee yesterday with a vote of 10-3. The legislation adds new definitions for:
Fixed site – any site occupied by a secondary metal recycler
- Copper property – to mean complete copper compositions including wire, pipe, and tubing
- Regulated metal property – is revised to include ferrous metals, aluminum and copper property or catalytic converters. The inclusion of ferrous metals is key for the freight rail industry
The legislation calls for a fixed site recycler to receive a permit from the county sheriff’s office in which they operate their business. The sheriff shall keep a record of all permits issued and entered into an electronic database accessible statewide. Each permit is valid for 12 month.
Cash payment for regulated metal would be prohibited under the new law. Checks or electronic transfers must be made payable to the seller and must be mailed or electronically transferred to the address listed in the required ID and may not be mailed until 14 days after the transaction.
A third component to the proposed legislation that is important to Senator Unterman is a classifiable, electronically recorded thumbprint of the person delivering the regulated metal property to the secondary metals recycler.
Any local government will have the ability to make stronger ordinances if they so choose.
Bills of Interest:
HB 129 McKillip 115th an Act to amend Article 1 of Chapter 14 of Title 44 relating generally to mortgages, conveyances to secure debt, and liens, so as to prohibit a fee for a future conveyance of real property except under limited circumstances. As originally introduced the legislation could have prevented railroad companies from charging fees to land owners who require a private grade crossing to accessing their property. GRA added language to the legislation that exempts, “A person or entity under the general supervision of the Public Service Commission provided that the fee is charged for expenses incurred in the administration of ongoing services or rights provided to the property interest conveyed.” Conference Committee
HB 166 Powell 29th an Act to amend Chapter 15 of Title 43 relating to professional engineers and land surveyors, so as to change the requirements for eligibility for certification as an engineer-in-training and eligibility for a certificate of registration as a professional engineer; to change requirements for eligibility for certification as a land surveyor-in-training and for a certificate of registration as a land surveyor; to repeal conflicting laws; and for other purposes. House Rules
HB 273 Black 174th an Act to amend Article 3 of Chapter 7 of Title 34 relating to the employer's liability for injuries to railroad employees, so as to provide standards for motor common or contract carriers transporting railroad employees within this state. House Transportation
HB 697 Stephens 164th to amend Article 7 of Chapter 8 of Title 34, relating to unemployment compensation benefits, so as to require random drug testing as a condition of continuing unemployment compensation benefits. Judiciary
HB 698 Stephens 164th to amend Article 1 of Chapter 4 of Title 49, relating to general provisions relative to public assistance, so as to require random drug testing for recipients of certain public assistance. Judiciary
HB 799 Kidd 141st to amend Article 15 of Chapter 6 of Title 40 relating to serious traffic offenses, so as to provide for expungement of a conviction for driving under the influence of alcohol, drugs, or other intoxicating substances under certain circumstances. Employers who hire drivers may be unaware of previous DUI convictions. Judiciary Non Civil
HB 817 Nimmer This is the DOT housekeeping bill. It will amend provisions relating to the Department of Transportation; to amend Title 32, relating to highways, bridges, and ferries, so as to amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains by commercial vehicles on certain roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes. House Rules
HB 835 Roberts 154th to amend Article 2 of Chapter 6 of Title 32, relating to weight and dimensions of vehicles and loads, so as to provide for a 5 percent variance of weight limitations for vehicles towing disabled, damaged, or wrecked commercial vehicles; to provide for annual permits for commercial wreckers exceeding the maximum weight and dimensions for vehicles and loads allowed on the state highway system when conducting an emergency tow. House Rules
HB 865 Powell 29th an Act to enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend Chapter 1 of Title 40 relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety; to amend Article 2 of Chapter 5 of Title 40 relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses. Motor Vehicles
HB 872 Shaw 176th to amend Article 14 of Chapter 1 of Title 10 relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency. House Judiciary Non-Civil
HB 888 Rice 51st to amend Article 14 of Chapter 1 of Title 10, Title 16, Title 40, and Chapter 25 of Title 50 relating to secondary metals recyclers, crimes and offenses, motor vehicles and traffic, and the Georgia Technology Authority, respectively, so as to provide for comprehensive regulation of theft of regulated metal property; to change punishment provisions for violations of Article 14 of Chapter 1 of Title 10; to provide for the publication of second or subsequent convictions and procedure. Judiciary Non Civil
HB 897 Harden 28th to amend Title 34 , relating to labor and industrial relations, so as to extensively revise the Georgia Workforce Investment Board provisions; to authorize the board to promulgate rules and regulations; to add provisions relating to soft skills programs; to repeal provisions providing for the utilization of the Governor's discretionary funds; to repeal the Georgia Work Ready program. House Industrial Relations
HB 938 Setzler 35th to amend Chapter 8 of Title 48, relating to sales and use taxes, so as to repeal and reenact Article 5, relating to a transportation sales and use tax; to provide findings by the General Assembly; to provide definitions; to provide for an up to 1 percent local sales tax to be used to fund transportation projects in special transportation districts within this state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects for the district; to provide for contracting and constructing of the approved transportation projects. House Transportation
HR 1350 Setzler 35th the accompanying constitutional amendment to HB 938 A RESOLUTION proposing an amendment to the Constitution so as to create special transportation districts for taxation purposes for the funding of regional transportation projects; to provide for the submission of this amendment for ratification or rejection.
SB 296 McKoon 29th to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to define a certain term; to provide that secondary metal recyclers shall not pay cash for certain items; to provide that is unlawful for a person to willfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals; to provide for penalties; to provide that secondary metals recyclers shall obtain a permit; to provide that persons desiring to sell nonferrous metals shall obtain a permit. Judiciary
SB 42 James 35th an Act to amend Chapter 1 of Title 34 relating to general provisions regarding labor and industrial relations, so as to prohibit employers from requesting credit reports on employees or prospective employees with certain exceptions. Senate Insurance & Labor
SB 146 Williams 19th an Act to amend Code Section 32-6-26 relating to the maximum weights for vehicles and loads, so as to allow a variance for certain vehicles. Senate Transportation
SB 297 Seay 34th an Act to amend Code Section 34-8-195, relating to determination of eligibility for unemployment benefits generally, eligibility while in training, and deductions and withholdings from compensation, so as to provide that an individual receiving benefits shall not be ineligible or be disqualified for benefits during the first two consecutive weeks of full-time employment after the period of unemployment giving rise to such benefits. Insurance & Labor
SB 321 Unterman 45th to amend Chapter 1 of Title 10, relating to selling and other trade practices, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts; to provide for additional changes to said Code section, relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts. Passed Senate Regulated Industries
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