2014 Session Wrap Up

The 2014 Session of the Georgia General Assembly ended Thursday, March 20 at midnight. Several highlights include:

Bills passed and waiting action by the Governor

Bills not vetoed by the Governor will become law on Tuesday, April 29, 2014.

HB 744 The 2015 Budget at $20.8 billion in state dollars reflects a 4.6% ($916 million) increase over the prior year. K-12 education received 72% ($660 million) of all new revenue; Health and Human Services including Medicaid, PeachCare and Department of Justice received 22% ($203 million) of new revenue. I voted YES.

SB 365 Continues the multi-year Criminal Justice Reform efforts that have resulted in annual savings in excess of $20 million thus far. The bill provides added flexibility for judges regarding non-violent and juvenile offenders. I voted YES.

SR 415 Voters will have the opportunity to cap the state's income tax rate at the current 6% via passage of this Constitutional Amendment authored by Gwinnett Senator David Shafer. I voted YES.

HB 60 Expands Second Amendment rights where law-abiding citizens who have had a background check, fingerprinted, and licensed may carry a firearm. I voted YES.

HB 697 Pays full tuition for the state's highest achieving technical college students. I voted YES.

HB 1080 Authorizes a privately funded monument of the Rev. Martin Luther King, Jr. placed on the grounds of the state Capitol. I voted YES.

Bills failing to pass this Session

HB 885 Allowing the use of cannabis oil to treat certain seizures failed to pass with the addition of an autism health insurance coverage provision. I voted YES.

SB 167 Prohibited testing based on national Common Core standards. Did not reach House floor for a vote.

HB 153 Authorizing fractional SPLOST - sales taxes at varying increments of less than one cent. I voted NO.

Bills I sponsored this Session

HB 412 Electronic property tax billing passed House, added to HB 295 a comprehensive ad valorem tax reform bill in Senate, passed Senate amended, conference committee failed to reach agreement, bill died. I voted YES on both HB 412 and HB 295.

HB 737 Permits home brewers to transport up to one gallon of their creation - passed.  I voted YES.

HB 762 Adds sanitation vehicles and workers to current law improving public safety, passed House, passed Senate committee, died in Senate Rules. I voted YES.

HB 900 Saves state and manufacturing industry money by exempting "consumables" from sales tax - passed. I voted YES.

HB 954 Improves definition of Fair Market Value for residential properties constructed using state housing tax credits - passed. I voted YES.

SB 286 Permitted Georgia wineries to fortify wine within the state rather than having to ship the product out of state - passed. I voted YES.

SB 325 Strengthened Fire Safety Commissioner's ability to regulate fire suppression sprinkler systems - passed. I voted YES.

Obviously, numerous other bills passed and failed this year. Should you have interest in any legislation before the General Assembly and/or my position, please contact me.

Fundraising

Like all candidates and elected representatives, I too require funds to actively communicate with my constituents and mount a campaign for re-election to enable me to continue advocating for our shared values at the state Capitol. Please take a moment to click this link and make an online contribution today - $10 goes further than you may believe and $50 buys 50 campaign signs. I need your support today. 

Legislation Authored or Co-Sponsored

Should you be interested in the legislation that I have authored or co-sponsored and the current status, you may review those bills here.

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  Now that we are out of session, you can reach me on my cell at 404-966-5804 or via email at brett@voteharrell.com 

 Thank you,

 Brett Harrell  

In the District Please call, email, or write Brett in the District. Representative Brett Harrell P.O. Box 1135 Snellville, GA 30078  404-966-5804 brett@voteharrell.com

Capitol Update Week 7 - Preparing for 'Crossover' Day

Last week

Last week was a very busy week completing necessary committee work in preparation for "Crossover Day" on Monday. Crossover is the 30^th day of the 40-day legislative session and the date by which a bill must pass one chamber to permit enough time to complete the process in the other chamber and become law. The House has seventeen bills on the first calendar for Monday and we will likely have one or more supplemental calendars prior to adjourning for the day.

Three bills I either authored or co-sponsored passed the House last week and are now pending committee hearings in the Senate. HB 412 permits voluntary electronic property tax billing. Gwinnett County estimates it may save up to $140,000 a year in billing costs.HB 731 included an Amendment to repeal an unconstitutional article from Georgia Code.HB 658 by Representative B. J. Pak removed the last remnants of the Estate Tax from Georgia statute.

The House voted down HB 153 a proposal to permit a "fractional" SPLOST of less than 1-cent. I voted No. The author has asked the House to reconsider the bill on Monday. Initially the idea of a SPLOST at less than 1-cent may sound like a good idea - lower taxes. I see it differently. I view the idea as a tax increase from zero up to the fraction rather than from 1-cent down to the fraction. I also agree with the Department of Revenue that multiple rates at multiple fractions in multiple counties may result in a number of administrative burdens. Finally, SPLOST should sunset when the need is fulfilled. I view the implementation of a fractional SPLOST as an attempt to continue taxes when the voters would otherwise let the penny lapse.

Finally, the House passed HB 459 by Representative Bill Kitchens, a former State Patrol Commander, commonly referred to as the "Slow Poke" law to require drivers in the left lane to move over when approached by a faster moving vehicle.

It was also my great pleasure to welcome students from the Grayson Elementary School Cluster on Monday and the Choir from Snellville Middle on Tuesday to the Capitol.

SMS Choir with Governor Nathan Deal

The SMS Choir toured the Capitol and performed two songs at noon
to the great enjoyment of all.  

Next week

Among the more noteworthy bills the House may consider next week are:

HB 885 - would permit medical cannabis treatments for certain seizure disorders

HB 707 - would prevent any state resources used to implement the Affordable Care Act

HB 990 - would require a vote of the Legislature prior to expanding Medicaid

Committee calendars
House committee meeting calendar:
http://calendar.legis.ga.gov/Calendar/?chamber=house

Senate committee meeting calendar:
http://media.legis.ga.gov/Calendar/?chamber=senate

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov. 

  

 Thank you,

 Brett Harrell  

At the Capitol Please call, email, or visit Brett at the Capitol. Representative Brett Harrell 601-D Coverdell Legislative Office Building 18 Capitol Square Atlanta, GA 30334 404-656-0254 brett.harrell@house.ga.gov Committee assignments: Budget & Fiscal Affairs Oversight, Regulated Industries, Transportation, and Ways & Means

Capitol Update Week 6 - Budget, Garbage, Guns

This week at the Capitol

This was an incredibly busy and interesting week at the Georgia General Assembly. I thank you so much for allowing me to serve as the representative for the 106th District. Here are several of the day-by-day highlights:

Monday

I presented and the House passed by a 165-2 margin HB 762 that adds ‘active’ sanitation workers and vehicles to existing law requiring motorists to exercise due caution and care when approaching and passing sanitation vehicles. You may not know that sanitation worker is the fourth most dangerous job in America as measured by deaths per 100,000.

Tuesday

The House passed the Fiscal Year 2015 budget HB 744 at $20.8 billion. This budget is 4.6% larger than the 2014 budget and dedicates 72% of new revenues to education – over $900 million.

On Tuesday, the House also passed HB 875 an expansion of our Second Amendment rights. This bill addresses among other things where citizens with legally permitted weapons carry licenses may carry a firearm. The bill preserves the primacy of private property rights as property owners may prohibit guns on their own premises.

Wednesday

Wednesday was non-stop activity all day long – up and down the stairs, back and forth across the street, meeting-to-meeting, presentation after presentation. At the end of the day, the issues I was advancing all moved forward. A very special thanks to William McKeen, an outstanding young man serving as my Legislative Aide this Session that not only keeps me on schedule, but also writes outstanding bill summaries to better prepare me to discuss the issues presented in our committee meetings.

I presented and the Senate Regulated Industries Committee passed HB 737 Homebrew Transportation bill. The House Code Revision Committee adopted a repeal Amendment I offered and included it in HB 731. Two Ways & Means Subcommittees favorably considered and passed bills I authored. HB 412 permitting electronic property tax billing (at taxpayer request) and HB 900 providing the final exemption for inputs into the manufacturing process (saves the state money).

Thursday

The full Ways & Means Committee passed both HB 412 and HB 900 and they are now pending in the House Rules Committee – the last stop before a vote on the House floor.

Friday

HB 834 passed the House removing an unconstitutional population requirement, but also allowing Gwinnett County to hold bond debt referendums on dates other than the November General Election date – dates with traditionally lower voter turnout. I voted No and I am now working on a “fix;” so that, the greatest number of Gwinnett citizens’ voice is heard on critical referendums such as the issuance of millions of dollars of bond debt or raising millions of dollars via SPLOST.

Next Week

Our community comes to the Capitol next week. I look forward to welcoming many students, parents, and teachers from Grayson Elementary on Monday. On Tuesday, the Snellville Middle School Choir will perform on the North steps inside the Capitol at noon.

Committee calendars

House committee meeting calendar:
http://webmail.legis.ga.gov/Calendar/?chamber=house

Senate committee meeting calendar:
http://media.legis.ga.gov/Calendar/?chamber=senate

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol. You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov.

Thank you,

Brett Harrell

At the Capitol
Please call, email, or visit Brett at the Capitol.

Representative Brett Harrell
601-D Coverdell Legislative Office Building
18 Capitol Square
Atlanta, GA 30334
404-656-0254
brett.harrell@house.ga.gov

Committee assignments:
Budget & Fiscal Affairs Oversight, Regulated Industries, Transportation, and Ways & Means

Twitter: brettharrell
Facebook: voteharrell

Capitol Update - Week 4 - Justice Reforms, Second Amendment, Cannabis

This week at the Capitol 

The 2014 Session of the Georgia General Assembly reached full speed this week. Members participated in dozens of committee hearings, votes each day on the House floor and the State of the Judiciary on Wednesday.

In his address, Chief Justice Hugh Thompson applauded a series of criminal justice reform bills signed into law over the past few years.  The primary goal of criminal justice reform was to increase accountability courts in Georgia to improve rehabilitation and reduce incarceration.  Chief Justice Thompson proclaimed that 93% of these court graduates remain free of criminal charges and 85% have found and maintain employment.  With fewer people in prison, these courts save Georgia more than $20 million in prison costs each year. Congratulations to Governor Deal for championing these reforms that are saving lives and saving taxpayer dollars.

The Public Safety and Homeland Security Committee secured the most attention this week with hearings on HB 875. HB 875 would expand Second Amendment rights for Georgia Weapons Carry License holders by increasing locations where licensed individuals may carry their weapons while protecting the primacy of private property rights.  The bill would expand access to government buildings, absent active security at entrances, and allow private property owners to permit or prohibit weapons on their property including churches and bars. HB 875 also allows honorably discharged veterans under age 21 to receive a weapon carry license, eliminates the re-fingerprinting requirement for renewals, prohibits the creation of a license holder database, and lessens the penalty for license holders found carrying a weapon on public college campuses. 

While HB 875 would expand rights for responsible, law-abiding citizens, it also takes measures to improve mental health regulations for Georgia Weapons Carry License applicants.  Under HB 875, licenses would be denied to any person who has been deemed "mentally incompetent to stand trial" or any person who is been deemed "not guilty by reason of insanity" at the time of the trial.  Additionally, HB 875 would provideschool boards the flexibility to arm an employee under certain guidelines and supervision. Finally, should the Governor declare a state of emergency, this bill wouldprevent the confiscation of weapons or ammunition by the state, which is currently allowable.  The committee favorably reported out HB 875 and the bill now awaits further action in the Rules Committee.   

Upcoming bills of interest

The House Health and Human Services Committee will hear on Monday afternoon HB 885 permitting use of a cannabis oil derivative to treat certain severe medical conditions. While I support proceeding with debate on this issue, there remain a number of hurdles that the legislature must address including the current Schedule I classification of the drug and impediments to transportation.   

HB 762 adding sanitation workers to the Spence Pass Law is pending before the House Rules Committee and I will ask for a vote by the full House.

The Ways & Means Public Policy Subcommittee heard HB 412 and HB 648 for the first time last week and I anticipate a second hearing this week. I will ask for passage to the full Committee and then the full House on HB 412 allowing electronic transmission of property tax bills. HB 648 returning the fourth penny of sales tax on motor fuels to transportation began a worthwhile discussion; however, I will ask that the debate continue in preparation for action upon our return in 2015.

Committee calendars
House committee meeting calendar:
http://webmail.legis.ga.gov/Calendar/?chamber=house

Senate committee meeting calendar:
http://media.legis.ga.gov/Calendar/?chamber=senate

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov. 

  

 Thank you,

 Brett Harrell  

At the Capitol Please call, email, or visit Brett at the Capitol. Representative Brett Harrell 601-D Coverdell Legislative Office Building 18 Capitol Square Atlanta, GA 30334 404-656-0254 brett.harrell@house.ga.gov Committee assignments: Budget & Fiscal Affairs Oversight, Regulated Industries, Transportation, and Ways & Means

Capitol Update - Week 3 - Start, stop, run

We started fast, we stopped, we raced to the weekend

Well, this was an interesting week at the Capitol to say the least. We started fast on Monday, came to a grinding halt on Wednesday, and accelerated again playing catch-up on Friday.

I attended the Mayor's Day breakfast sponsored by the Georgia Municipal Association on Monday morning. After a brief floor session, the Alcohol and Tobacco Subcommittee of House Regulated Industries passed two bills I presented - HB 737 (permits home brewers to transport a gallon of beer) and HB 751 (repeals a section of meaningless code). Monday afternoon I met with representatives from several Community Improvement Districts (CIDs) to hear their concerns about HB 649 that would require submission of annual audits to the state (the audits are already prepared and subject to Georgia's Open Meetings Act - the bill allows submission by email).    

After Tuesday's floor session, I presented HB 762 to the Highway Safety Subcommittee of Motor Vehicles and received a unanimous "due pass" recommendation. HB 762 adds active sanitation workers / vehicles to Georgia's existing "slow down to get around" law by requiring motorists to change lanes, reduce speed, and/or stop when approaching an active sanitation worker operating in the roadway. Did you know that in 2012, the Labor Department ranked sanitation worker was the fourth most dangerous job in America as measured by deaths per 100,000? 

  

Snow began to fall Tuesday afternoon necessitating cancellation of the Ways & Means Committee meeting. I had hoped to present HB 648 that upon adoption into law would reclaim the fourth cent of motor fuels sales tax for transportation rather than the state's General Fund. [Related article: An old penny for transportation]  

  

Wednesday and Thursday the House adjourned and conducted no business. I hope you and your family fared well during the snow and ice storm.  

  

The House reconvened at 10:00 a.m. on Friday. In addition to passing several local issues, the House passed HB 176 the Mobile Broadband bill. 

Committee calendars
House committee meeting calendar:
http://webmail.legis.ga.gov/Calendar/?chamber=house

Senate committee meeting calendar:
http://media.legis.ga.gov/Calendar/?chamber=senate

  

Family Page Day

Theodore, Derayn, and Darius Swilley

I enjoyed meeting the Swilley family from Grayson and hope they enjoyed the day serving as Pages in the Georgia House. 

Full size photos here. 

Upcoming bills of interest

HB 875 the Safe Carry Protection Act further expands and secures our Second Amendment Rights - I have co-signed this legislation. This proposal expands areas that licensed citizens may carry a weapon in Georgia including Church and Bar (with property owner permission) and Public Buildings (without active security). The bill also eliminates the requirement for fingerprinting when renewing your license. 

HB 885 Haleigh's Hope Act provides a pathway for prescribing medical cannabis strictly controlled for a limited number of serious health conditions - I have co-signed this legislation. 

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov. 

  

 Thank you,

 Brett Harrell  

2014 Capitol Update - Week 2 - Supplemental FY 2014 Budget

House passes supplemental FY 2014 budget  
We concluded our second week at the Georgia General Assembly on Friday passing  HB 743 in the House - the amended FY 2014 budget at $20.2 billion. As our economy strengthens, state revenues have increased by approximately $300 million (1.5% increase) as compared to the projection at the start of this fiscal year. AsGovernor Deal proposed, the House allocated over half of the increase to K-12 education ($180 million). In addition, a portion of these new funds will go to economic development and job creation incentives ($51.5 million) through the OneGeorgia, Regional Economic Business Assistance grants and transportation projects ($27 million). The House also supported Governor Deal's request to add $25 million to pay for increased enrollment in Medicaid and PeachCare for Kids health care programs.    

The amended FY 2014 budget now goes the the Senate for consideration. Once passed by the Senate, a Conference Committee will likely reconcile any differences in the proposed budgets prior to final passage and the Governor's signature.

Committee meetings at full speed next week
With two key priorities (May 20 Primary Election and amended FY 2014 budget) already voted by the House, next week committees begin meeting to debate numerous pieces of legislation. I am grateful to serve on four committees this year that consider issues of interest to me personally and importance to not only those I represent in District 106, but all Georgians - Budget and Fiscal Affairs Oversight, Regulated Industries, Transportation, and Ways & Means. You may view committee meeting dates, times, and agendas at the links below.

House committee meeting calendar:
http://webmail.legis.ga.gov/Calendar/?chamber=house

Senate committee meeting calendar:
http://media.legis.ga.gov/Calendar/?chamber=senate

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov. 

At the Capitol

Please call, email, or visit Brett at the Capitol.

Representative Brett Harrell
601-D Coverdell Legislative Office Building

18 Capitol Square
Atlanta, GA 30334

404-656-0254
brett.harrell@house.ga.gov

Committee assignments:

Budget & Fiscal Affairs Oversight, Regulated Industries, Transportation, and Ways & Means

Snellville – Time for a new Charter?

Since its’ adoption by the legislature in 2001, Snellville City Council Members have amended the City Charter through a sometimes questionable tactic called “Home Rule Ordinance” no less than a dozen times. Each modification appears to be little more than an attempt to gain political advantage. So, is the City Charter of Snellville the problem?

Depends. Do you believe the malfunction, bickering, lack of progress and accomplishment, and failure to lead by our Federally elected representatives is the result of a poorly written, ambiguous, outdated, and in need of replacing U.S. Constitution? After all, the U.S. Constitution is arguably the most litigated document ever written.  Is the problem the U.S. Constitution or those we elect that attempt to manipulate and interpret every word to their own political advantage?

As the primary author of the 2001 City of Snellville Charter, I am understandably concerned when elected officials suggest modifications to a document thoughtfully and deliberately crafted to serve the entire community to serve a particular purpose or person. The Charter is not and should not be about a particular person, party or faction. The City Charter is the guiding document serving all of Snellville and it should remain so.

You may recall a few years ago an outcry to change the Charter to prevent 3-3 tie votes. Some failed to recognize the value of tie votes and sought to gain a short-term advantage for one side of the divide by removing the Mayor’s vote (SB 258 – 2009). Fortunately, that effort failed and we hear nothing of that issue today as the community elected a solid majority. Had we (wrongly) changed the Charter, the minority opinion on Council today would have no voice at all.

The City Charter contains appropriate checks and balances. Unfortunately, elected have often failed to recognize or accept those provisions and have sought to exploit or ignore various sections for their own reasons and benefit. This tendency by elected results in nothing more than an added burden of legal costs, inefficient government, and poor publicity for those they represent.

So, is the City Charter of Snellville the problem? No. It’s the people not the paper – that’s the problem.

The elected in Snellville are good people, they have simply lost focus on what is important to those they represent and focus all too often on issues and positions that the vast majority of Snellville citizens and businesses care little about. Recently, the word I hear most often associated with the Snellville City Charter is “revoke”. If Council will turn their attention to providing a safe community, with employment opportunities and efficient delivery of limited government services, I suspect no one would mention the word “Charter” again. At least, as one citizen, that is my hope.

Brett Harrell is a former Mayor of Snellville and currently serves many Snellville citizens as the state Representative for the 106^th District.

2014 Capitol Update - Week 1 - State of the State, New Election Dates

The 2014 Session of the Georgia General Assembly began this week

As you may know, the 2014 Session of the Georgia General Assembly began on Monday, January 13.

On Wednesday, January 15, Governor Nathan Deal presented his State of the State address. Governor Deal reported that the state is doing well as we begin to climb out of the recent recession. In addition to adding 217,000 new private sector jobs since taking office, Governor Nathan Deal's conservative budgets have maintained the AAA bond rating, increased the rainy day fund by 518%, and downsized state government by reviewing over 40% of all budgetary programs through zero based budgeting. Governor Deal recommends in the FY 2015 over $8 billion in funding for education. The Governor is allocating more than 80% of new state revenues to education. You may read the Governor's address at the link below:

http://gov.georgia.gov/press-releases/2014-01-15/deal-deep-freeze-over-georgia%E2%80%99s-economy-warms

We concluded our first week passing HB 310 that establishes earlier primary election dates to provide additional time for our overseas service men and women an improved opportunity to vote.

2014 Election Calendar

Qualifying: March 3 - 7

Additional Campaign Report Due: March 31

Primary Election Day: May 20

Primary Run-Off: July 22

General Election: November 4

Additional information available at Secretary of State Brian Kemp's website:http://sos.ga.gov

Please take the opportunity to review updates like this one and stay informed about legislative matters that affect you, your family, business and community. You may visit the Georgia House website at http://www.house.ga.gov to view live and archived committee meetings and review proposed legislation.

Gwinnett House delegation members ready for 2014 Session

L to R: Reps Tom Rice, Joyce Chandler, Chuck Efstration, Brett Harrell, B. J. Pak, Buzz Brockway, Timothy Barr, Brooks Coleman

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol. You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov.

Thank you,

Brett Harrell

At the Capitol:
Please call, email, or visit Brett at the Capitol.

Representative Brett Harrell
601-D Coverdell Legislative Office Building
18 Capitol Square
Atlanta, GA 30334
404-656-0254

brett.harrell@house.ga.gov

Committee assignments:
Budget and Fiscal Affairs Oversight, Regulated Industries, Transportation, and Ways & Means

Modifications to Georgia’s alcohol laws will benefit smaller producers, consumers and preserve the system that serves us well

With passage of the 21^st Amendment Prohibition ended and the states became the regulators of alcohol within their borders.[1] The states largely adopted one of two regulatory schemes, “control” or “license.” In the eighteen control states, the state has a monopoly over the wholesaling and/or retailing of some or all categories of alcoholic beverages, such as beer, wine, and distilled spirits.[2] The remaining thirty-two states adopted varying forms of private licensed wholesalers and distributors. With the sole exception of Washington State, all others operate with some varying form of the “three tier” system segregating producer, distributor, and retailer.[3]

States have various exceptions to this rule, the most prevalent one being the case of a brewpub, which is simultaneously a producer and retailer, and has no requirement to sell to a distributor. [3]

Georgia is a “license” state operating under a modified three-tier system permitting some exceptions for brewpubs and farm wineries.[4]

A national telephone survey commissioned by the Center for Alcohol Policy polled 1,000 adults over the age of 21 between August 12 – August 14, 2013 and the results indicate Americans are very satisfied with current alcohol laws and regulations.[5] Eighty-six percent (86%) said it is easy to find a wide variety of beer, wine, and liquor in their community. In fact, there are more breweries operating in the U.S. today than any time in our history. The Brewers Association recognizes 2,483 “Craft Brewers” of the total 2,538 breweries operating as of June 2013.[6]

Georgia’s alcohol regulatory system is working well. Georgian’s benefit by strong brand and aggressive price competition within a system that insures a safe, high quality product while providing an efficient method of tax collection. Yet, industry interests frequently request legislative modifications to the current structure largely in an attempt to benefit smaller producers. Other industry interests fear such modifications detrimental to not only their business, but problematic for the industry as a whole.[7]

How should the state respond? If the current system provides Georgian’s a safe, high quality product, encourages brand and price competition, allows entry into the marketplace for new products, and insures an efficient method of tax collection, what more should the state do?

The state should adopt limited modifications to the current alcohol regulatory system to provide start-up and growing concerns added opportunities to prosper and succeed without unduly harming the long-standing and proven program that is benefiting the vast majority of Georgian’s.

32 oz and 64 oz bottles called
"Growlers" allow patrons to
take locally brewed beer home. 

In as much as brewpubs exist in Georgia as an exception to the established three-tier system[8] operating as a producer and retailer, permitting the retail sale of up to 64 ounces of draft beer, brewed on-site at the brewpub for off-premise consumption is a reasonable modification. Permitting customers that have already entered the business to take a limited quantity of beer home for personal consumption will dramatically affect the profitability of these small businesses without injuring the established distribution and retail system within Georgia. These off-premise sales should be included in the 50% food calculation for brewpubs excluding from the calculation only the quantity of beer sold through the established wholesale distribution system.

Breweries and distilleries are both producers and the state should treat them similarly within the law. Georgia law currently permits “free” tastings at breweries and distilleries in conjunction with educational and promotional tours.[9] The current provisions are largely unenforceable and easily circumvented by breweries and distilleries that choose to serve beyond the legal limits. The legislature should modify Georgia law to permit limited sales for on-site consumption by breweries and distilleries. Permitting breweries and distilleries to sell for on-site consumption during pre-determined “tour” hours would affect, as with brewpubs, the profitability of the smaller breweries and distilleries, build brand identity and demand for their products, without harming the established distribution and retail network, and improve enforcement.

The modifications to Georgia’s alcohol laws suggested here represent a compromise of the various positions advocated before the General Assembly over the past several years. Regulatory change often results in unintended negative consequences; however, legislators must take the initiative to consider in balance the interests of consumers and all industry participants in a changing marketplace.

Brett Harrell represents House District 106 in the Georgia General Assembly. Representative Harrell serves on the House Regulated Industries Committee and is Vice Chairman of the Alcohol and Tobacco Subcommittee. He also serves on the House Budget and Fiscal Affairs Oversight, Transportation, and Ways & Means Committees.

October 28, 2013

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[1]  http://en.wikipedia.org/wiki/Twenty-first_Amendment_to_the_United_States_Constitution

[2]  http://en.wikipedia.org/wiki/Alcoholic_beverage_control_state

[3]  http://en.wikipedia.org/wiki/Three-tier_(alcohol_distribution)

[4]  https://etax.dor.ga.gov/BusTax_Alcohol.aspx

[5]  http://www.centerforalcoholpolicy.org/research-and-studies/

[6]  http://www.brewersassociation.org/pages/business-tools/craft-brewing-statistics/number-of-breweries

[7]  Alcohol Distribution Laws Bottle Up Options for Consumers and Retailers, Morgan Smith, GPPF, Oct. 2002

[8]  O.C.G.A. § 3-5-36

[9]  O.C.G.A. § 3-5-38 and O.C.G.A. § 3-4-180