hb59.html
05 LC 14 8972/AP
House Bill 59 (AS PASSED HOUSE AND SENATE)
By: Representatives Ehrhart of the 36th, Willard of the 49th, Martin of the 47th, Jennings of the 82nd, and Lunsford of the 110th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to change provisions relating to the prohibition of local government wage and employment benefit mandates; to provide that no local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," is amended by striking Code Section 34-4-3.1, relating to the prohibition of local government wage and employment benefit mandates, and inserting in its place a new Code section to read as follows:
"34-4-3.1.
(a) As used in this Code section, the term:
(1) 'Employee' means any individual employed by an employer.
(2) 'Employer' means any person or entity that employs one or more employees.
(3) 'Employment benefits' means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; retirement benefits; and profit-sharing benefits.
(4) 'Local government entity' means a county, municipal corporation, consolidated government, authority, board of education, or other local public board, body, or commission.

(5) 'Person' means an individual, partnership, association, corporation, business trust, legal representative, or any other organized group of persons.
(6) 'Wage or employment benefit mandate' means any requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under this Code or federal law.
(b)(1) Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted.
(2) No local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate.
(3) Any local government entity may offer its own employees employment benefits.
(c) No local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. A local government entity shall not through the use of evaluation factors, qualification of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.