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Public Hearing Scheduled For Agritourism Liability Bill
Legislators will hold a public hearing concerning a bill that would protect agritourism business operators from certain liabilities. SB 306, sponsored by Sen. Gerald Allen, R-Cottondale, will be debated at the Senate Judiciary Committee, Wednesday, at 1 p.m. in room 325 of the State House.
This legislation would protect agritourism professionals from liability if a participant was harmed due to topography of farmland, natural behavior of animals or inherent dangers of structures or equipment on a working agricultural operation. It would not insulate farmers from liability if they fail to inform participants about known dangers, fail to properly train employees or intentionally injure a participant.
Federation members are encouraged to contact Senate Judiciary Committee members and ask for support of SB 306 without adding amendments that would weaken the bill's protections for farmers involved in agritourism. The committee is co-chaired by Sens. Ben Brooks, R-Mobile, and Cam Ward, R-Alabaster. Committee 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-Rainbow City. |
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Irrigation Bill Called For Public Hearing
A bill that would provide tax incentives for the expansion of on-farm irrigation will be debated at 9 a.m. at the State House, Wednesday, in Room 617 in a public hearing before the House Ways and Means Education Committee.
HB 328, sponsored by Rep. Chad Fincher, R-Semmes, would provide up to $10,000 in state income tax credits to farmers for the purchase and installation of irrigation systems or the development of water wells and reservoirs. The companion bill, SB 153 by Sen. Arthur Orr, R-Decatur, passed the Senate Feb. 9 with amendments and awaits action in the House Ways and Means Education Committee.
In a news release this week, the Alabama Rivers Alliance affirmed that the bill "has some merits," but it was premature. The group is calling on the Legislature to postpone a decision on the bill until it adopts a statewide water plan.
Alabama lags far behind other states in irrigated farmland. According to State Climatologist Dr. John Christy, Alabama utilizes only about 2.5 percent of its available water. According to his research, adding 100,000 acres of irrigated land in Alabama would have the same economic impact as two new car manufacturing plants.
"This legislation would allow Alabama to take advantage of its abundant water resources as farmers work to feed a growing world population," said Federation Assistant Director of Governmental and Agricultural Programs Brian Hardin. "Meanwhile, it would help farmers better withstand drought which, in turn, would preserve jobs and revenues for rural businesses during times of dry weather."
Federation members are encouraged to contact committee members and urge their support of HB 328 as written. The committee is chaired by Rep. Jay Love, R-Montgomery, and Rep. Mary Sue McClurkin, R-Indian Springs is vice chair. Other committee members are: Reps. James Buskey, D-Mobile; Terri Collins, R-Decatur; Craig Ford, D-Gadsden; Patricia Todd, D-Birmingham; Jamie Ison, R-Mobile; Barry Mask, R-Tallassee; Steve McMillan, R-Bay Minette; Jeremy Oden, R-Vinemont; Bill Poole, R-Northport; John Rogers, D-Birmingham; Rod Scott, D-Birmingham; Mark Tuggle, R-Alexander City; and Phil Williams, R-Huntsville.
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Funding For Rural Roads And Bridges Passes Committee
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Sen. Paul Bussman |
The Senate Agriculture, Conservation and Forestry Committee addressed repairs for rural infrastructure by unanimously passing SB 339 Wednesday. Sponsored by Sen. Paul Bussman, R-Cullman, the bill would provide $650 million in bonds from the Alabama Highway Authority for repair and construction of roads and bridges in rural areas.
Voting in favor of the bill were Committee Chairman Sen. Tom Whatley, R-Auburn; Committee Vice Chair Sen. Rusty Glover, R-Semmes; and committee members Sens. Billy Beasley, D-Clayton; Paul Bussman, R-Cullman; Clay Scofield, R-Red Hill; and Phil Williams, R-Rainbow City.
"The repair of structurally deficient bridges and roads is a major concern for our members," said Alabama Farmers Federation Director of Agricultural Legislation David Cole. "When a bridge is not strong enough to hold the weight of heavy vehicles, it's a huge safety concern for farmers and others. The Farmers Federation is supportive of equitable funding for rural infrastructure to benefit all motorists."
The bill establishes a council to review requests and disburse funds. It also limits the amount of funding one county may receive.
"We feel this is the fairest and most equitable way to get these bridges fixed," Bussman said.
Currently, counties are responsible for the upkeep of around 2,700 bridges, and 28 percent of those are weight-restricted or functionally obsolete, Bussman said. More than 1,000 bridges in Alabama are too weak to carry a school bus, resulting in more than $2.5 million in additional transportation costs to schools districts, he added. Bussman also expressed concerns regarding the amount of time wasted when school buses are forced onto alternate routes. |
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Metal Theft Bill Clears Senate
Legislation aimed at cracking down on metal theft passed the Senate Thursday by a 28-2 vote.
SB 35, sponsored by Sen. Ben Brooks, R-Mobile, would require metal recyclers to collect additional information from sellers. Under the legislation, buyers would have to maintain detailed records on all purchases and would have to obtain a photocopy of the identification card of the person delivering the metal, the auto license tag number or VIN of their vehicle and a digital photo or video of the seller.
Persons violating the requirements would be guilty of a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense and a Class C felony for the third or subsequent offense.
Brooks told the Anniston Star the legislation is needed to discourage the theft of copper and other metal from farms, homes, churches, schools and businesses.
"Small businesses and our school system and our citizens are increasingly reporting these shameful thefts where substantial damage is done to a property," Brooks said. "Then the thief goes and sells for just a few dollars a little bit of wire after causing thousands of dollars in damage."
A similar bill, HB 278, sponsored by Rep. Bill Poole, R-Northport, passed the House Judiciary Committee on Feb. 16. |
| Senate Committee Passes Energy Grant Bill
Alabama may be able to play a larger role in America's drive for energy independence under a bill passed by the Senate Energy Committee Tuesday.
SB 72, sponsored by Sen. Cam Ward, R-Alabaster, would create the Alabama Public Interest Energy and Fuel Research and Development Grants Program within the Department of Agriculture and Industries' Center for Alternative Fuels. The bill would allow Alabama to apply for and receive grants for the development of energy solutions. It also provides for the establishment of an advisory commission and includes an appropriation from the General Fund budget for administration of the program.
The goals of the program are to develop and bring to market technologies that enhance Alabama's energy and fuel resources including fossil fuels, alternative fuels and bio-energy resources.
The legislation is among bills developed by the Permanent Joint Legislative Committee on Energy, chaired by Rep. Greg Wren, R-Montgomery. Ward serves as vice chairman of the committee. In a recent column, Wren said Alabama is well-positioned to help America become more energy independent.
"Over the last few years, we've taken several significant steps toward energy independence, a goal which rightfully belongs at the very top of this nation's list of priorities," Wren said. "Under the legislative leadership of Speaker Mike Hubbard and Senate President Pro Tem Del Marsh, Alabama is building a comprehensive energy strategy, which will address Alabama's short-term and long-term energy challenges." |
| House Approves Anti-Texting While Driving Bill
Texting while driving may soon become a ticketable primary offense in Alabama. HB 2, sponsored by Rep. Jim McClendon, R-Springville, passed the House unanimously Tuesday and would make it illegal to text or read e-mail on hand-held electronic devices while driving. 
Drivers would still be allowed to drive and make calls using cell phones. However, drivers stopped at a red light could be fined for texting or checking e-mail.
The bill calls for a fine of $25 for the first offense, $50 for the second offense and $75 for the third. The bill allows the Alabama Department of Public Safety to assign a point value for the offense, which would count against the person's driving record. While the bill passed unanimously, some representatives expressed concerns that the penalties are too low.
Sen. Jabo Waggoner is sponsoring the Senate companion, SB 144, which was approved by the Senate Judiciary Committee last week. The bill was presented to the full Senate Thursday but was tabled for further discussion. Last year, a similar bill passed the House but died in the Senate. |
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Senate Insurance Committee Passes Clarity, Flexibility Bills
The Senate Banking and Insurance Committee this week approved the Alabama Property Insurance Clarity Act, as well as legislation that would update the state's archaic law related to insurance investments.
SB 210, sponsored by Sen. Trip Pittman, R-Daphne, would require the Department of Insurance to collect and publish data from insurance companies related to policies underwritten, earned premium and direct incurred losses by county and ZIP code. Known as the clarity or transparency bill, the measure has been a priority for homeowners groups in Baldwin and Mobile counties.
Insurance industry representatives have expressed concerns that the bill could drive up the cost of homeowners insurance because some companies do not have systems to report the data in the form required by the bill. In addition, the legislation could discourage carriers from doing business in Alabama due to the added regulatory cost. The companion bill in the House, HB 350, is sponsored by Rep. Joe Faust, R-Fairhope, and has been assigned to the House Insurance Committee.
Meanwhile, the committee also passed a bill sponsored by Sen. Slade Blackwell, R-Mountain Brook, that would update and clarify state law regarding the way insurance companies invest money. SB 164 would provide greater flexibility for insurance investments and would bring Alabama law more in line with other states. The companion bill, HB 189 by Rep. Mike Hill, R-Columbiana, passed the House Insurance Committee on Feb. 16. Both bills could come up for votes in their respective chambers as early as next week. |
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Bills in Brief
Deer Supplemental Feeding, SB 346, sponsored by Sen. Tom Whatley, R-Auburn, allows for whitetail deer to be hunted on private land within a certain area in relation to supplemental feeding. The bill has been assigned to the Senate Agriculture, Conservation and Forestry Committee. AFF supports.
Alabama-Grown Products Incentives, HB 37, sponsored by Rep. Joe Hubbard, D-Montgomery, would give restaurants a 4 percent tax incentive for buying locally grown products. The bill was assigned to a subcommittee in the House Agriculture and Forestry Committee on Wednesday. AFF monitoring.
Timber Theft, HB 318, sponsored by Rep. Charles Newton, D-Greenville, passed the House Agriculture and Forestry Committee, Wednesday. The bill would add to the current timber theft law, making it illegal to remove timber and other forest products by deception. The Senate companion, SB 284, sponsored by Sen. Clay Scofield, R-Red Hill, is pending a vote in the Senate Judiciary Committee. AFF supports.
Trespass, HB 380, sponsored by Rep. Jack Williams, R-Birmingham, further defines the duties of a property owner related to trespassers. The bill has been referred to the House Judiciary Committee. The Senate companion, SB 342, is sponsored by Sen. Phil Williams, R-Rainbow City, and assigned to the Senate Agriculture, Conservation and Forestry Committee. AFF supports.
Deer Hunting Season Extension, SB 359, sponsored by Sen. Tom Whatley, R-Auburn, proposes adding two extra weeks to the end of deer hunting season. It has been assigned to the Senate Agriculture, Conservation and Forestry Committee. AFF monitoring.
Minimum School Age, HB 6, sponsored by Rep. John Merrill, R-Tuscaloosa, proposes a decrease in the mandatory school age from seven years old to six. It has been referred to the House Education Policy Committee. The Senate companion, SB 28, sponsored by Sen. Priscilla Dunn, D-Bessemer, has been referred to the Senate Education Committee. AFF supports.
Farm Wine, HB 372, sponsored by Rep. Becky Nordgren, R-Gadsden, was introduced Tuesday and assigned to the House Economic and Tourism Development Committee. The bill would provide for the sale, fee, licensing and distribution of table wine by a farm winery. The Senate companion, SB 358, is sponsored by Sen. Tom Whatley, R-Auburn, and assigned to the Senate Job Creation and Economic Development Committee. AFF monitoring.
Repeal Tax Exemptions, HB 389, sponsored by Rep. Patricia Todd, D-Birmingham would repeal sales and use tax exemptions from certain industries. It is assigned to the House Ways and Means Education Committee. AFF opposes.
Baked Goods, SB 352, sponsored by Sen. Rusty Glover, R-Semmes, would exempt certain cottage food production operators from regulation by the Health Department. It has been assigned to the Senate Health Committee. AFF monitoring.
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 will be heard by the House Constitution, Campaigns and Elections Committee, Wednesday, at 9 a.m. in Room 123 of the State House. AFF favors the article-by-article approach to revising the Constitution.
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