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Bill Would Limit Agritourism Liability
Alabama farm families who operate agritourism attractions would be protected from certain liability lawsuits under a bill introduced this week by Sen. Gerald Allen, R-Cottondale.
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Sen. Gerald Allen |
SB 306 would limit the liability of those who operate pumpkin patches, U-pick farms, corn mazes, farm markets and other agritourism attractions when death or injury occurs due to the inherent risks of the activity. The Senate Judiciary Committee is expected to hear the bill Wednesday.
"Last year, the legislature passed a law that limits the liability of farmers and landowners who lease their property for hunting and fishing," said Alabama Farmers Federation Director of Agricultural Legislation David Cole. "This bill would provide similar protection for farmers who operate agritourism attractions. We appreciate Sen. Allen sponsoring both the landowner liability bill and this legislation."
The bill would provide specific protection for farmers when a participant in the agritourism activity is injured due to the topography of farmland, the natural behavior of animals or the inherent dangers of structures and equipment on a working agricultural operation. It would also limit the liability of agritourism operations when participants fail to follow instructions, exercise reasonable precautions or obey warnings.
The legislation would not insulate the farmer or landowner from liability if they fail to inform participants about known dangers, fail to properly train employees or intentionally injure a participant. The proposed bill would not apply to individuals who are paid to participate in the agritourism activity.
Federation members are encouraged to contact members of the Senate Judiciary Committee before the Wednesday committee meeting and ask for support of SB 306. The committee is co-chaired by Sens. Ben Brooks, R-Mobile, and Cam Ward, R-Alabaster. Members are: Sens. Dick Brewbaker, R-Montgomery; Linda Coleman, D-Birmingham; Jerry Fielding, D-Sylacauga; Marc Keahey, D-Grove Hill; Arthur Orr, R-Decatur; Rodger Smitherman, D-Birmingham; Bryan Taylor, R-Prattville; Tom Whatley, R-Auburn; and Phil Williams, R-Gadsden. |
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Bill Aims to Deter Metal Theft
A bill meant to discourage the sale of stolen metal material and increase penalties for metal theft is on the move in both houses of the legislature.
SB 35, sponsored by Sen. Ben Brooks, R-Mobile, unanimously passed the Senate Judiciary Committee Wednesday. Speaking for the bill, Mobile County Sheriff Sam Cochran said it would establish an electronic database with photographs of all metal sellers and save law enforcement valuable time during metal theft investigations.
"This would allow law enforcement to see who is involved with metal theft without visiting each individual institution," Cochran said.
Cochran said this bill is a joint effort by many across the state interested in protecting organizations that are often targeted by metal thieves, including farms, churches and non-profit organizations.
A similar House bill, HB 278, sponsored by Rep. Bill Poole, R-Northport, was introduced Tuesday and passed the House Judiciary Committee Thursday.
The Alabama Farmers Federation supports the development of stronger laws against metal theft and continues to work with the sponsors and supporting organizations to find solutions that best protect the property of farmers and other members.
The Federation is also monitoring 3 additional metal theft bills sponsored by Reps. Lynn Greer, R-Rogersville; Bill Roberts, R-Jasper; and Lesley Vance, R-Phenix City. |
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Job Creation and Retention Act Passes First Hurdle
The House Republican leadership passed a cornerstone of its job creation agenda Thursday. The Alabama Job Creation and Retention Act of 2012 would allow companies to retain up to 90 percent of income taxes withheld on employees provided they invest in new projects or initiatives to retain current employees. To be eligible for the tax benefit, companies must first receive approval from the Alabama Development Office (ADO) and the governor.
The proposed Constitutional Amendment, HB 159, sponsored by Rep. Barry Mask, R-Wetumpka, prompted a lengthy debate but ultimately passed with a 65-22 vote. Those who support the bill said they hope it will encourage Alabama businesses to stay in the state and entice new businesses to move in, resulting in an overall increase in taxes collected. Opponents expressed concern that the bill will take tax revenue away from the Education Trust Fund.
The bill is now assigned to the Senate Finance and Taxation Education Committee. |
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Cockfighting Bill Includes Stricter Penalites
Legislators hope a new bill will deter participation in cockfighting events by increasing both the scope and penalties of the crime.
Under current law, hosting a game fowl cockfight is a Class C misdemeanor, resulting in a fine between $20 and $50.
SB 175, sponsored by Sen. Cam Ward, R-Alabaster, increases the offense to a Class A misdemeanor with maximum penalties of a year in jail and a $6,000 fine. The bill would criminalize actions such as wagering on a game fowl fight and training game fowls to fight. The legislation is a priority of the Humane Society of the United States (HSUS), which has led successful efforts in other states to pass laws related to laying hen cages and swine gestation stalls.
Ward presented a version of the bill that changed the original wording from "cockfighting" to "game fowl cockfighting" in response to concerns of poultry farmers.
"The poultry (farmers) and the Farmers Federation felt a little more comfortable with that so that their members aren't brought underneath this issue," Ward said.
The committee voted in favor of the change, which clarifies that poultry farmers and others who own roosters not intended for cockfighting do not fall under the jurisdiction of the bill. With this new wording, the Alabama Farmers Federation is neutral but continues to monitor the bill.
The House companion, HB 176, sponsored by Rep. Jim Barton, R-Mobile, has been assigned to the House Agriculture and Forestry Committee. |
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Committee Approves Three Insurance Bills
The Senate Banking and Insurance Committee approved three bills Thursday aimed at addressing concerns of residents in the state's coastal counties about the cost and availability of homeowners' insurance. All three bills are sponsored by Sen. Ben Brooks, R-Mobile.
SB 227 would allow homeowners to make tax-deductible contributions to catastrophic savings accounts to cover insurance deductibles and other uninsured losses in the event of a hurricane, rising floodwaters, windstorm or other catastrophic event. Each homeowner would be allowed to create one account, and contributions would be limited based on the individual's insurance deductible and/or home value. Tax deductions would apply to the homeowner's state income tax. AFF supports.
SB 229 would require all rate filings and related actuarial information for homeowners insurance coverage to be treated as public information. Such records would be available for review at the Department of Insurance in Montgomery or via the department's website. The bill excludes proprietary actuarial risk analysis and other information that would be considered a commercially valuable trade secret under Alabama law. AFF monitoring.
SB 230 would encourage insurance providers to write homeowners policies in Alabama's coastal counties by providing an additional premium tax credit to carriers who insure homes in those areas currently covered by the Alabama Insurance Underwriting Association. AFF supports.
On Thursday, the committee also held a public hearing on SB 210 by Sen. Trip Pittman, R-Daphne, known as the Property Insurance Clarity Act. The bill would require the Department of Insurance to collect and make public data from insurance companies related to policies underwritten, earned premium and direct incurred losses by ZIP code. Homeowner groups argued the legislation would increase transparency in insurance rating decisions. Insurance industry representatives testified that some companies do not have systems to report the data in the form required by the bill and that new reporting requirements could increase costs and discourage companies from writing homeowners insurance in Alabama. The bill is expected to be voted on Wednesday by the Senate Banking and Insurance Committee. The companion House bill, HB 350, is sponsored by Rep. Joe Faust, R-Fairhope. |
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Texting While Driving Bill On The Move
After failing to gain traction last year, a bill to ban texting while driving appears to be on the fast track in the Alabama Legislature.
HB 2, sponsored by Rep. Jim McClendon, R-Springville, has already passed the House Public Safety and Homeland Security Committee. Its Senate companion, SB 144, sponsored by Sen. Jabo Waggoner, R-Vestavia Hills, received thorough debate and amendments before passing the Senate Judiciary Committee Wednesday.
During the Senate committee meeting, Sen. Waggoner said a similar bill was accepted by the House but defeated by the Senate in last year's legislative session. He said the arguments against it are the same that were used against the seatbelt bill and the child restraint mechanism bill.
"How many lives have been saved over the years because we do have seatbelts, because we do put our children in child restraint mechanisms?" Waggoner asked.
Rep. McClendon attended the Senate meeting and stated that he sees light at the end of the tunnel.
"There is no question, we're going to save lives with this bill," he said.
Alfa supports legislation to curb the threat of distracted driving and to create a safer environment for all motorists.
The biggest concern of members of the Senate Judiciary Committee regarded possible harassment and profiling. |
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Bills in Brief
Alabama-Grown Food Incentives, HB 37, sponsored by Rep. Joe Hubbard, D-Montgomery, would give restaurants a 4 percent incentive rebate for buying Alabama agricultural products. The bill will be discussed Wednesday in the House Agriculture and Forestry Committee. AFF monitoring.
Home Rule, HB 302, sponsored by Rep. Demetrius Newton, D-Birmingham, calls for a Constitutional Amendment to allow counties to elect home rule for economic development, public safety and health, taxation and land use and regulation control. Provisions include issuing bonds, setting certain tax rates and zoning unincorporated land. With passage, officials in each county would have to elect to participate. The bill is assigned to the House County and Municipal Government Committee. AFF opposes.
Timber Theft, HB 318, sponsored by Rep. Charles Newton, D-Greenville, would amend current timber theft law, making it a crime to willfully remove timber by deception. The bill will be heard by the House Agriculture and Forestry Committee Wednesday. The Senate companion, SB 284, sponsored by Sen. Clay Scofield, R-Red Hill, is assigned to the Senate Agriculture, Conservation and Foresty Committe. AFF supports.
Irrigation Incentives, HB 328, sponsored by Rep. Chad Fincher, R-Semmes, would provide a tax incentive of up to $10,000 for investment in irrigation systems or construction of reservoirs. The bill is assigned to the House Ways and Means Education Committee. This bill is the House companion to SB 153, sponsored by Sen. Arthur Orr, R-Decatur, which passed the Senate last week with an amendment. It is also assigned to the House Committee on Ways and Means Education. AFF supports.
Article-by-Article (Corporations and Banking), HB 357 and HB 358, sponsored by Rep. Paul DeMarco, R-Homewood, would revise the corporation and banking sections of the Constitution without the need for a costly convention. Both are assigned to the House Constitution, Campaigns and Elections Committee. AFF favors the article-by-article approach to revising the Constitution.
Immigration Reform, SB 260, sponsored by Sen. Paul Sanford, R-Huntsville, is one of the first bills up this session aimed at reforming Alabama's controversial immigration law. SB 260 would allow employers to use AL Verify, E-Verify, employment agent service, a driver's license, or a non-driver's identification card as proof of citizenship for employment. The current law requires employers use E-Verify. The bill passed the Senate Job Creation and Economic Development Committee. AFF supports.
Road and Bridge Funding, SB 339, sponsored by Sen. Paul Bussman, R-Cullman, would provide for the construction of public roads and bridges using $650 million of state-issued bonds from the Alabama Highway Authority. It will be heard Wednesday in the Agriculture, Conservation and Forestry Committee. AFF supports. |
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