2008 General Assembly Report


Final Report #13 (April 10, 2008)

• Legislative Session Ends

Last Friday at midnight, the Georgia General Assembly concluded a positive legislative session for Georgia agriculture. Most farm related bills were passed before the last day, making for a rather laid back sine die. The night was not short of fireworks, however, as the legislature argued about tax reform proposals and debated about transportation and a host of other issues. When the dust cleared, SR 845, a constitutional amendment to allow for an additional local option sales tax to fund transportation projects, fell 3 votes shy of passage, and the highly touted tax reform compromise between the House and Senate never materialized. Legislation supporting the construction of new reservoirs for increased water storage got the nod in the final hour. This year was the second of a two year session, so all bills before the General Assembly that failed to pass are dead. Next year, bill numbers start over at HB 1, SB 1, etc.


• Agriculture Fares Well in 2009 Budget

The FY 09 state budget was passed by the House and Senate on the last legislative day, and Georgia agriculture did well considering recent budget concerns about falling state revenue. UGA College of Agriculture & Environmental Sciences received $150,000 for an oilseed specialist, $250,000 for a peanut entomologist, and funding for three Cooperative Extension Service agent-in-training positions. The budget also includes $40 million for water reservoir construction.



• House and Senate Urge Relief for Off-Road Diesel

The House & Senate reached agreement last week to pass resolutions urging Governor Perdue to suspend the sales tax on off road diesel fuel for the rest of this year. HR 1071 passed the House 144-13 and SR 1300 passed the Senate 48-0. The measures are “urging resolutions,” meaning they don’t have the force of law. However, their strong passage indicates to the Governor the level of support for farmers in our state. Currently, the tax amounts to a fraction more than 12 cents a gallon. We appreciate the responsiveness of the House & Senate to this issue.


• On the Governor’s Desk

HB 393 Licensing of Farm Wineries-Stephens, Roger Williams, Tumlin, Amerson, Shaw, and Parrish-Allows for the licensing of farm wineries within the state when at least 40 percent of the agriculture product is grown in Georgia. It also allows for farm wineries to make retail sales and offer tasting rooms at the winery.

HB 649 Georgia Blueberry Commission-Representatives Tommy Smith, Mark Williams, Roger Lane, Chuck Sims, Jay Shaw, and Penny Houston- This bill allows blueberry growers to vote on the establishment of a commission within the guidelines of the Georgia Agricultural Commodities Promotion Act.

HB 978-Seize Vehicles Driven by Illegal Immigrants- Representatives James Mills & Ron Forster- This bill requires more stringent penalties for driving without a license. Gone is any reference to immigration status. The measure states “a person operating a vehicle without a license is in violation… and the arresting officer shall cause the vehicle being operated to be removed and impounded.”

HB 1061-Wine Shipped to One Customer-Representatives Stephens, Ehrhart, Amerson, Roger Williams, Tumlin, and Burkhalter- This legislation allows for wineries to make direct shipments of wine to consumers within the state for up to 12 cases per year.

HB 1081- CUVA Change- Representative Larry O’Neal- This bill makes a very small change in the Conservation Use Value Assessment. The change will prevent land being excluded from CUVA based on restrictive covenants unrelated to the program. For example, there have been reports of bona fide farmland being excluded from CUVA eligibility merely because a portion of the property is within the city limits of a small town. If there are regulations prohibiting the raising of livestock in the city limits, some overzealous county tax officials have cited that restriction as grounds to nullify CUVA eligibility.

HB 1088- Agritourism Road Signs- Representatives Butch Parrish, Ron Stephens, Roger Williams, Vance Smith, Mickey Channell, and Earl Ehrhart- This bill gets the Department of Agriculture and the Department of Transportation working together to promote the agritourism industry by offering directional road signs to help the public locate qualifying farms.

HB 1178- Swine Sales Tax Fuel Exemption- Representatives Ellis Black, Tom McCall, Jay Roberts, Terry England, Gene Maddox, and Mark Williams- The exemption from sales taxes for fuels used in swine facilities expires on July 1, 2008. This bill extends it until June 30, 2010.

HB 1211 & 1276 Forest Landowner Protection Act- Representatives Royal, Roberts, Keen, Porter, Cole, and Johnny Floyd-This bill will allow for forestland owners to enter their land into a strict 15 year covenant that would tax their property as its current use instead of fair market value, similar to CUVA. If the law is signed by the Governor the bill will head to the voters in November as a constitutional amendment.

HB 1281-Outdoor Watering-Representatives Terry England, Tom McCall, Jay Roberts, Bob Hanner, Earl Ehrhart, and Sean Jerguson- The bill prohibits local governments from imposing more stringent restrictions on outdoor water use during periods of drought than those imposed by the state. It also sets a mechanism for local governments to appeal to EPD to opt out of the state restrictions.

HR 1032- Raw Milk Study Committee- Representatives Terry England, Tom McCall, Gene Maddox, Ed Rynders- This resolution will create a committee to study the issues surrounding the sale of unpasteurized milk.

HR 1484-Watkinsville Research Station-Representatives Fleming and Bob Smith-This resolution urges the United States Congress to reject plans to close USDA/ARS Research Station in Watkinsville.

HR 1607- House Biofuels Study Committee- Representative Allen Freeman- This measure creates a study committee to consider the needs and challenges associated with biofuels production and utilization in Georgia.

SB 342-Water Conservation and Drought Relief Act- Senators Pearson, Tolleson, Johnson, Williams, Shafer, and Rogers-This was the final bill that was agreed to by both the House and Senate on Day 40. It lays the ground work for the Georgia Soil & Water Conservation Commission to receive federal grants to assist in funding public water reservoir projects.

SB 352- Legislative Override- Senators Bill Cowsert, Ross Tolleson, John Bulloch, Chip Pearson, Preston Smith, and Greg Goggans. The intent is to provide more legislative oversight of the Environmental Protection Division of the Georgia Department of Natural Resources. It was agreed to by both the House and Senate a few weeks back. However, Governor Perdue put the final touches on the bill as he signed it into law last week.

SB 515- Georgia Seed Development Commission (GSDC)- Senator John Bulloch- SB 515 abolishes the current 10-member GSDC Board and provides for a new 11-member Board to consist of the following: two farmers appointed by the Governor; one farmer appointed by the Lt. Governor; one farmer appointed by the Speaker; the Commissioner of Agriculture; one farmer appointed by the Commissioner of Agriculture; one appointment by the House Agriculture Committee representing the seed or turf industry or a farm related organization; one appointment by the Senate Agriculture Committee representing the seed or turf industry or a farm related organization; UGA CAES Dean; a CAES seed breeder appointed by the Dean; and the UGA CAES Associate Dean for Research.



• Thank your Legislators

Now would be an excellent time to touch base with your legislators to thank them for their work. Theirs is a demanding job, and they are pulled in every direction. A positive comment from constituents would be a boost for morale. Elected officials really want to do the will of the people, but we all have a responsibility to offer input on matters of interest.

Thank you for reading the 2008 Legislative Report. We appreciate your comments regarding this publication. If you need more information on anything in the GFB Legislative Report, please call the GFB Legislative Department at 1-800-342-1192






For more information, call the GFB Legislative Department at 1-800-342-1192