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URGENT NEWS: Virginia Dept. of Taxation to Take Checkoff Funds

Virginia Dept. of Taxation to Take Checkoff Funds as "Fees"

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Will set dangerous precedent for future government access to producer funds

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Contact the Governor's office and Secretary Haymore TODAY!

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PLEASE share this information with other producers

Attention Virginia Grain Producers
and Industry Members:

In the 1980s the Virginia Corn Act and Virginia Small Grains Act were passed by producer referendum to allow a voluntary self-assessment (called excise tax) to be collected on each bushel of grain sold in the Commonwealth. Per the legislation passed, the Virginia Corn Board and Virginia Small Grains Board were created to expend funds for the purposes of market development, education, publicity, research and promotion for Virginia’s grain industry.

During the recent budget cycle, the General Assembly passed a budget amendment that provides for the VA Department of Taxation to assess fees on certain checkoff funds, including corn and small grains. 

The Virginia Grain Producers Association is adamantly opposed to this action and the dangerous precedent it will set for the future. VGPA has drafted a letter to Governor McDonnell asking for an amendment to the current budget to stop government access to producer funds. To read the VGPA letter, click here.


MEMBERSHIP CALL TO ACTION:

We strongly encourage each of you to contact Governor McDonnell's staff and Secretary Haymore expressing your perspective as producers and industry professionals on this budget initiative.  Contact information and specific budget language is below.  We realize this is an extremely busy time for agriculture but contact this week is important as the Governor's staff is already drafting budget amendments. 

Many of you have unique and specific perspectives to share - for example, lots of Virginia's corn and small grain checkoff money goes to research at Virginia Tech.  If you feel continuing to support our researchers with these dollars is important, let it be known.  Other important projects/organizations funded by checkoff dollars  - Ag in the Classroom, Virginia Grain Producers Association, National Corn Growers, National Assn of Wheat, US Grains and US Wheat. 

A few bullet points that may be helpful in drafting your emails: 

  • Value of economic return from checkoff money far outweighs proposed state fee assessment (research, promotion, marketing, export, etc).
  • Allowing government access to these producer funds sets dangerous precedent for any other government agency to pull fees from checkoff funds as well.
  • General Assembly provided no clear formula for assessing these fees and no time duration for such fees.
  • Total proposed assessment to come out of checkoff funds is only $23,000.00 total.  Not significant for state of budget to approve precedent-setting government access to producer funds.
  • Other commodity boards pay an assessment fee to state because their instating legislation (VA code) provides for such fees to be taken.  VA Corn Act and VA Small Grains Act do not make this provision. 
  • VA Corn and VA Small Grains Act clearly state checkoff dollars (called excise tax) are to be used for market development, publicity, education, research, and promotion of sale/use of grain…to benefit Commonwealth as a whole.  No exceptions are given to these uses
  • As Virginia producers continue to face regulatory threats like water quality initiatives and EPA rule-making efforts, we need to use this money for education, research and protection of Virginia's top economic sector, production agriculture.  If grains industry cannot continue to help itself with these funds intact, the Commonwealth will lose money in the long run. Checkoff dollars are not used for legislative issues or lobbying efforts.
  • The Commonwealth of Virginia (and specifically, the Dept. of Taxation)collects checkoff money all year and sends to VDACS in one lump sum for allocation to checkoff board.  They amount of interest they earn on that money over the year MORE than pays for any fees incurred. 

Contact Information: 

Todd Haymore - Secretary of Agriculture and Forestry - todd.haymore@governor.virginia.gov

Eric Finkbeiner - McDonnell Senior Advisor on Policy - eric.finkbeiner@governor.virginia.gov

The specific budget provision:

Transfer of Checkoff Assessments: 

A.1. In order to reimburse the general fund of the state treasury for expenses herein authorized to be paid therefrom on account of the activities listed below, the State Comptroller shall transfer the sums stated below to the general fund from the nongeneral funds specified, except as noted, on January 1 of each year of the current biennium.

- Apple Tax: $1,877 in FY1 and FY2
- Egg Promotion Tax: $2,254 in FY1 and FY2
- Soybean Tax: $5,781 in FY1 and FY2
- Corn Excise Tax: $3,181 in FY1 and FY2
- Small Grain Tax: $7,978 in FY1 and FY2
- Assessment of Sheep Sold: $177 in FY1 and FY2
- Cotton Tax Assessment: $1,486 in FY1 and FY2

Additional Information:

The VGPA letter has been shared with VDACS staff that handles other commodity boards so they are aware of our effort. If you are a member of another commodity association, please contact them urging them to participate.  VGPA has been in consistent contact with our new Secretary of Agriculture and Forestry, Todd Haymore, on this topic. He is supportive and will take our concerns to the Governor. Please contact him TODAY and HELP HIM HELP US! 

Links to Letters Already Sent:

VGPA Letter
Letter from Dan Brann
Letter from Bryan Taliaferro

Questions, Comments, Suggestions?
Contact the VA Grain Producers Association here.