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Irrigation Incentives Debated In Public Hearing
Farmers and scientists testified for the need to increase irrigated cropland in Alabama during a public hearing before the House and Ways and Means Education Committee on Wednesday.
Lowndes County farmer Richard Holladay spoke in favor of HB 328, sponsored by Rep. Chad Fincher, R-Semmes. The legislation proposes up to $10,000 in tax credits to farmers investing in irrigation equipment and building reservoirs.
"Irrigation has helped us tremendously," Holladay said. "Two years ago, we got 2 inches of rain between April and October. It's hard to grow a crop that depends on water if you're not getting any (rain) while it's growing."
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Farmer Richard Holladay addresses the committee. Seated behind him from left are Rep. Chad Fincher, Dr. Dick McNider and Dr. Sam Fowler.
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According to research provided by Dr. Sam Fowler, director of the Alabama Waters Resources Research Institute at Auburn University, this bill could create a direct economic impact between $185 and $210 for every $1 given in tax credit. Fowler discussed Alabama's poultry industry and the fact that our state imports 120 million bushels of corn and 60 million bushels of soybeans from out-of-state for poultry feed each year at a cost of $1.4 billion.
"With irrigation, we feel much of this corn and soybeans could be profitably produced in this state. That economic generation of income could reside in the state of Alabama instead of importing that from out-of-state," Fowler said.
Fincher said the bill would directly help rural areas because it deals strictly with agriculture, the state's largest industry.
"Our rural communities in this state are hurting," he said. "They are crippled by high unemployment, by the tough economy we're all facing across the state. (This bill) will help promote agriculture and expand that industry even further."
Dr. Dick McNider, chair of the Alabama Universities Irrigation Initiative and professor at University of Alabama - Huntsville, addressed the decline of row-cropping in Alabama over the past few decades, and Alabama's inability to compete with other heavily irrigated states that succeed in row-crop production.
"If we expand the amount of irrigated acres in this state, we will become profitable. Our study shows if we irrigate, we can compete with Midwestern farmers," he said.
Susan Kennedy with the Alabama Education Association spoke against the bill, arguing that tax credits take money out of the Education Trust Fund budget. She called for a cost-benefit analysis on the bill and recommended the measure include a sunset clause with reauthorization dependent on the outcome of the analysis. However, Kennedy indicated AEA could be supportive of irrigation incentives if they proved to benefit the Education Trust Fund budget.
Other concerns brought before the committee dealt with sales tax exemptions farmers receive for feed, seed and fertilizer. Committee Chairman Rep. Jay Love, R-Montgomery, responded to a challenge by Rep. Patricia Todd, D-Birmingham, who questioned why baby formula is taxed when poultry litter is not. Love, a restaurant owner, clarified that the production inputs for other businesses also are exempt from sales tax, including the flour, sauce and other ingredients used in his stores. Sales tax, he explained, is only levied on a finished product. Without such exemptions the added cost would be passed on to the consumer.
HB 328 was carried over, but will be voted on when the committee meets Wednesday at 9 a.m. in Room 617 of the State House.
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Farmers Testify In Agritourism Liability Public Hearing
Agritourism operators spoke before the Senate Judiciary Committee on Wednesday in support of a bill that would limit their liability under certain conditions.
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Cooper Holmes and Allie Corcoran speak to the benefits of the agritourism liability bill.
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SB 306, sponsored by Sen. Gerald Allen, R-Cottondale, would protect farmers from liability if participants were injured due to an inherent risk of an agritourism activity. Agritourism professionals could still be held liable for failure to make dangerous conditions known to participants, failure to properly train employees, or for intentional injury to a participant.
Sixth-generation farmer Cooper Holmes of Perry County spoke in favor of the bill, saying it would provide a sense of security for agritourism professionals to continue their work. Holmes, along with his father and brother, operates the Holmestead Company's Moore/Webb/Holmes Plantation in Folsom.
"We would lose everything if somebody were to trip and fall on their own account and sue us, saying it was our fault," he said. "The farm is our business, and the land is our way of life."
Third-generation farmer Allie Corcoran of Barbour County says when she decided to continue her family's farming tradition, she knew changes were necessary to remain profitable. Her family opened a U-Pick operation called Backyard Orchards at their farm in Eufaula. Corcoran said the last thing she wants is for someone to get hurt on her property, but farmers should not be held liable for all accidents, including an allergic reaction to a bee sting.
"This bill would protect us from frivolous lawsuits and would allow us to add more attractions," she said. "With the threat of being sued removed, our business could grow."
Also speaking in favor of the bill was Alabama Farmers Market Authority Director Don Wambles. He said last year there were 143 farmers markets across the state of Alabama held on city, county, state and private properties. Wambles said farmers markets would fall under this legislation and that passage of the bill was necessary to protect landowners who allow these markets on their property.
Opposition to the bill came from Alabama Association for Justice (formerly Alabama Trial Lawyers Association) representative Ken Riley. He said the bill holds participants to a different standard than agritourism operators.
SB 306 was carried over in the committee, which is often standard procedure following a public hearing. However, it has not been placed on the committee agenda for next week. Federation members are encouraged to contact members of the Senate Judiciary Committee and ask that the bill be placed on the agenda and for their support.
The House companion, HB 459, sponsored by Rep. Donnie Chesteen, R-Geneva, was introduced on Thusday. The bill is assigned to the House Judiciary Committee and action is expected on Wednesday.
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Rep. Bill Poole
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House Passes Metal Theft Bill
A bill intended to discourage the purchase of stolen scrap metal passed the House of Representatives Thursday by an 84-8 vote.
HB 278, sponsored by Rep. Bill Poole, R-Northport, will now be assigned to a Senate committee. Similar legislation, SB 35 by Sen. Ben Brooks, R-Mobile, passed the Senate last week and was assigned to the House Judiciary Committee.
Federation Director of Agricultural Legislation David Cole said the overwhelmingly positive votes in both the Senate and House bode well for adoption of the measure this session.
"Both bills received strong support in their respective chambers," Cole said. "We are hopeful these bills will now receive favorable committee reports and move on to the floor for final passage."
Under the legislation, buyers of scrap metal would have to collect additional information from the seller. The legislation also includes criminal penalties for recyclers who fail to collect the required information.
As the value of metals like copper, steel and aluminum have increased, Alabama has experienced a rash of burglary and vandalism by metal thieves. Homes, churches, barns, irrigation systems and small businesses have been frequent targets of criminals - especially in rural areas. The vandals often do thousands of dollars in damage to the property beyond the value of the stolen metal. The bills sponsored by Poole and Brooks are aimed at reducing these crimes by cutting down on cash transactions between metal buyers and unidentified sellers.
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Bills in Brief
Trespass, SB 342, sponsored by Sen. Phil Williams, R-Rainbow City, will be heard by the Senate, Agriculture, Conservation and Forestry Committee Wednesday at 2:30 p.m. in Room 727 of the State House. The bill further defines the duties of a property owner related to trespassers. The companion bill, HB 380 by Rep. Jack Williams, R-Birmingham, has been assigned to the House Judiciary Committee. AFF supports.
Deer Supplemental Feeding, SB 346, sponsored by Sen. Tom Whatley, R-Auburn, will be the subject of a public hearing by the Senate Agriculture, Conservation and Forestry Committee Wednesday at 2:30 p.m. in Room 727 of the State House. The bill allows whitetail deer to be hunted on private land within a certain area in relation to supplemental feeding. The bill would prohibit hunting within 100 yards of feed or within the line of sight of the feed. The companion bill, HB 419 by Rep. Wes Long, R-Guntersville, has been assigned to the House Agriculture and Forestry Committee. 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 section of the Constitution without the need for a costly convention. Both passed the House Constitution, Campaigns and Elections Committee on Wednesday. AFF supports the article-by-article approach to revising the Constitution.
Deer Hunting Season Extension, SB 359 by Sen. Tom Whatley, R-Auburn, will be the subject of a public hearing before the Senate Agriculture, Conservation and Forestry Committee Wednesday at 2:30 p.m. in Room 727 of the State House. The bill would add two weeks onto the end of the deer hunting season. The companion bill, HB 440 by Rep. Harry Shiver, R-Bay Minette, has been assigned to the House Agriculture and Forestry Committee. AFF monitoring.
Minimum School Age, SB 28, sponsored by Sen. Priscilla Dunn, D-Bessemer, would decrease the minimum mandatory school age from seven years old to six. The bill passed out of the Senate Education Committee on Wednesday. The House companion, HB 6, is sponsored by Rep. John Merrill, R-Tuscaloosa and is assigned to the House Education Policy Committee. AFF supports.
Reauthorize Farm Bill, House Resolution 166, sponsored by Rep. Richard Lindsey, D-Centre, is currently assigned to the House Rules Committee. The resolution urges Congress to reauthorize the U.S. Farm Bill.
Ad Valorem Tax, HB 275, sponsored by Rep. Richard Laird, D-Roanoke, would increase ad valorem taxes by .5 mills. Twenty percent of those funds would be split evenly between the Alabama Firefighters' Annuity and Benefit Fund and the Alabama Peace Officers' Annuity and Benefit Fund. Eighty percent of the tax would go to the general fund. The bill passed the House Ways and Means General Fund Committee last week. AFF opposes.
Conservation and Natural Resources Department Advisory Board, HB 437, sponsored by Rep. David Sessions, R-Mobile, would provide for the addition of two members to the advisory board who must be employed as commercial fishermen. The governor would appoint the members from a list of three nominees for each position. The bill is assigned to the House Boards, Agencies and Commissions Committee. AFF neutral.
E-911 Statewide Board, HB 89, sponsored by Rep. Mike Millican, R-Hamilton, would replace the current Commercial Mobile Radio Service Board with a statewide E-911 Board, which would establish one statewide emergency telephone service charge. It would also provide for the distribution of funds to local communications districts. The bill is currently assigned to the House Board, Agencies and Commissions Committee. AFF monitoring.
Tax Appeals Commission, HB 105, sponsored by Rep. Paul DeMarco, R-Homewood, would abolish the Administrative Law Division of the Department of Revenue and establish the Alabama Tax Appeals Commission in its place. The legislation would move Alabama law into conformity with the federal Taxpayer's Bill of Rights. The bill is assigned to the House Judiciary Committee. AFF monitoring.
Public Education Capital Improvements and Industrial Worker Training, HB 304, sponsored by Rep. Craig Ford, D-Gadsden, would authorize the Alabama Public School and College Authority to sell bonds to pay for the cost of capital improvement projects and training programs for workers in new or existing industries. The bill is assigned to the House Ways and Means Education Committee. AFF monitoring.
Landscape Architects, HB 374, sponsored by Rep. Mark Tuggle, R-Alexander City, would introduce a new title of "registered landscape architect," which would require a license. It would also change current licensing, examination, education requirements and payment of annual license fees for licensed landscape architects. The bill is on the House regular order calendar. The companion bill is SB 43 by Sen. Tom Whatley, R-Auburn. It has been assigned to the Senate Small Business Committee. AFF neutral.
Telephone Service, HB 196, sponsored by Rep. Mike Hill, R-Columbiana, would define basic telephone service consistent with regulations of the Federal Communications Commission to include additional forms of telephone service such as cell phone service. An incumbent local exchange carrier, such as AT&T, currently has the obligation to provide basic telephone service within the carrier's franchised service territory. The bill is on the House's special order calendar for Tuesday. The companion bill is SB 169 by Sen. Cam Ward, R-Alabaster. It has been assigned to the Senate Commerce, Transportation and Utilities Committee. AFF monitoring.
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