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Trespass Bill Subject Of Public Hearing
A bill to codify Alabama common law regarding a property owner's responsibilities toward a trespasser passed the Senate Agriculture, Conservation and Forestry Committee Wednesday by a 7-0 vote following a public hearing.
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Sen. Phil Williams |
SB 342, sponsored by Sen. Phil Williams, R-Gadsden, seeks to clarify by statute what has historically been observed as law in the state. Without such clarification, Alabama's appellate courts could eventually adopt a compilation of an updated version of all common law in the United States known as the "Restatement of Torts 3rd version" when dealing with cases involving the injury or death of a trespasser. The acceptance of this version could lead to less protection for landowners in Alabama courts.
"We're not putting new law into place; this is a codification of current case law," Williams said. "The bottom line is landowners, especially our large agricultural landowners, cannot possibly survey their entire plot of land every minute of every day. Yet, they can, if we're not careful, be held liable for those who trespass on their land who should not be there in the first place."
While the goal of codifying the trespass law seems to have broad-based support, the public hearing revealed disagreement about the language of the bill.
The Alabama Farmers Federation's position is property owners should owe no "duty of care" to trespassers except to refrain from causing wanton or intentional injury. The Alabama Association for Justice (formerly Alabama Trial Lawyers Association), however, supports an amendment that says property owners also owe a duty of reasonable care not to negligently injure a trespasser once they have knowledge the trespasser is in peril.
The Federation, along with the Alabama Forestry Association, supports Williams' original bill without amendments. It states property owners must exercise reasonable diligence to warn trespassers of known dangers once they are aware of the trespasser. The bill also includes provisions to protect children who unknowingly trespass on private property.
Although the committee approved SB 342 without amendments, it is unlikely the bill will be considered by the full Senate unless all parties can agree on the language in the bill. Williams stated he is committed to working with interested groups to address their concerns.
Voting in favor of the bill was Committee Chairman Sen. Tom Whatley, R-Auburn, along with Sens. Billy Beasley, D-Clayton; Marc Keahey, D-Grove Hill; Shadrack McGill, R-Scottsboro; Paul Sanford, R-Huntsville; Clay Scofield, R-Red Hill; and Phil Williams, R-Gadsden.
The House companion, HB 380, is sponsored by Rep. Jack Williams, R-Birmingham, and is currently assigned to the House Judiciary Committee. |
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Senate Confirmations Committee Approves Nomination Of Autauga County Farmer
Autauga County Farmers Federation Board Member and cotton farmer Jimmy Sanford's appointment to the Auburn University Board of Trustees was approved by the Senate Confirmations Committee Thursday by a 9-0 vote. The appointment must still be confirmed by the Senate.
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Jimmy Sanford |
The chairperson of Home Place Farms Inc., Sanford currently serves as chairman of the Alabama Cotton Commission and is a former president of the National Cotton Council. He also has served in leadership roles with the Alabama Agribusiness Council, Business Council of Alabama, Federal Reserve Bank of Atlanta, Commodity Futures Trading Commission and Economic Development Partnership of Alabama.
Sanford is a graduate of Auburn University with a bachelor's degree in business administration and a master's degree in economics.
Sanford is one of nine people nominated by the Auburn trustees' selection committee. The committee received about 170 applications for the vacancies and interviewed 35 candidates.
The confirmation committee had not planned to take up any of the Auburn trustee nominations at Thursday's meeting but brought Sanford's nomination up out of order because he was present for the meeting. |
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Irrigation Incentives Bill Passes House Committee
The House Ways and Means Education Committee approved an irrigation incentives bill with an amendment on Wednesday, a week after holding a public hearing.
As amended, HB 328, sponsored by Rep. Chad Fincher, R-Semmes, would allow farmers who invest in irrigation materials and reservoirs to receive a tax credit worth 20 percent of their total investment with a cap of $10,000.
The bill passed with a 9-1 vote. Both Committee Chair Rep. Jay Love, R-Montgomery, and Vice Chair Rep. Mary Sue McClurkin, R-Indian Springs, voted in favor of the bill. Also voting "yes" on the measure were Reps. Mark Tuggle, R-Alexander City; Terri Collins, R-Decatur; Craig Ford, D-Gadsden; John Rogers Jr., D-Birmingham; James Buskey, D-Mobile; Phil Williams, R-Huntsville; and Bill Poole, R-Northport.
The lone "no" vote came from Rep. Patricia Todd, D-Birmingham.
The Senate companion, SB 153, sponsored by Sen. Arthur Orr, passed the Senate on Feb. 14. It is also currently assigned to the House Ways and Means Education Committee. |
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House Judiciary Committee Hears Testimony On Agritourism Bill
For the second time in two weeks, a public hearing was held on legislation aimed at limiting the liability of farmers who host agritourism activities.
HB 459, sponsored by Rep. Donnie Chesteen, R-Geneva, was the topic of a public hearing on Wednesday in the House Judiciary Committee. The Senate Judiciary Committee heard testimony on a similar bill, SB 306 by Sen. Gerald Allen, R-Cottondale, last week. The Senate bill remains in committee while Chairman Sen. Cam Ward, R-Alabaster, works on disagreements between the Federation and the trial lawyers.
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Rep. Donnie Chesteen |
The measure would protect farmers from liability if participants were injured due to an inherent risk of an agritourism activity. It would not shield agritourism professionals from liability if they fail to make dangerous conditions known to participants, fail to properly train employees or intentionally injure a participant.
With farmers facing drought, high input costs and other challenges, Chesteen said "they've had to be creative" to stay on the land and support their families.
"What HB 459 is trying to do is protect the farmer from frivolous lawsuits and give landowners more opportunity to open up their property for visitors to enjoy," Chesteen said. "One of the biggest obstacles to more farmers starting this has been the liability issue."
Patrick Moody with the Alabama Department of Agriculture and Industries said HB 459 could help expand the state's two largest industries - agriculture and tourism.
"The agritourism industry is a growing industry," he said. "It can revitalize some of our hard-hit rural areas. As a department, we are trying to help this industry grow, and we would like to see any obstacles or any impediments removed."
As in previous public hearings, the Alabama Association for Justice (formerly Alabama Trial Lawyers Association) spoke against the bill.
The Alabama Farmers Federation supports the legislation, which extends to agritourism operations similar protection as was awarded last year for property owners who lease their land for hunting and fishing. The Landowner Liability Act also was sponsored by Allen. |
| Two Bills Propose Changes To Deer Season Rules
The Senate Agriculture, Conservation and Forestry Committee held public hearings Wednesday on two bills to change deer hunting in Alabama.
Current Alabama law is ambiguous on the distance a hunter must be away from supplemental feed while hunting. SB 346, sponsored by Sen. Tom Whatley, R-Auburn, would clarify current law by setting statewide limits on hunting near supplemental feed. The bill states whitetail deer may be hunted more than 100 yards from a supplemental feeder, provided the feeder is outside the hunter's line of sight. The House companion bill, HB 419, is sponsored by Rep. Wes Long, R-Guntersville. Whatley said the bill, labeled the Hunter Protection Act, covers economic and private property issues.
"Right now, supplemental feeding is allowed in Mississippi, Georgia and Florida," he said. "It is cutting into our economic impact that hunting and agritourism have. This is also a private property issue. You should be able to do what you want on your own private property."
The committee heard from four proponents and four opponents. Speaking in favor of the bill, Will Ainsworth, owner of Dream Ranch in Guntersville and chair of the Alabama Farmers Federation Wildlife Committee, stressed SB 346 is not a baiting bill, but rather is important for herd management.
"This is about us land managers being able to manage our deer herd in the winter months when they need it most," he said.
Alabama Farmers Federation State Board Member and Talladega County Farmers Federation President Dell Hill echoed Ainsworth's remarks.
"Using the terms baiting and supplemental feeding interchangeably does not do justice to what we're trying to do here," he said. "It's a supplemental feed that aides you in the management of your deer herd on your private property for the benefit of your friends and family."
Opponents, including the Alabama Wildlife Federation, argued supplemental feeding leads to increased disease outbreaks in wildlife. Others said Alabama may lose hunters who currently come to the state because hunting over supplemental feed is not allowed.
While personally neutral on the bill, Dr. Steve Ditchkoff, professor of Forestry and Wildlife at Auburn University, spoke to the nutritional benefits of feeding deer during winter months. He said feeding would improve the nutrition of deer in high-density areas and could diminish weight loss in bucks occurring during breeding season.
The bill passed out of committee with a 4-3 vote. Voting in favor were Committee Chairman Sen. Tom Whatley, R-Auburn; Sen. Shadrack McGill, R-Scottsboro; Sen. Clay Scofield, R-Red Hill; and Sen. Phil Williams, R-Gadsden. Voting "no" on the bill were Sens. Billy Beasley, D-Clayton; Marc Keahey, D-Grove Hill; and Paul Sanford, R-Huntsville.
The Federation supports the allowance of a year-round supplemental feeding program for wild game with hunting permitted in the feeding areas during hunting seasons in Alabama.
SB359, also sponsored by Sen. Tom Whatley, R-Auburn, would extend deer hunting season until Feb. 13, an additional two weeks.
Rep. Harry Shiver, R-Bay Minette, is sponsor of HB 440, the House companion to SB 359. He says extending the deer season will boost Alabama's economy.
Opponents of the bill believe the extension would hurt small game hunters who only have the month of February to hunt, adding that the time of rut varies in some parts of Alabama. No vote was taken on the bill.
The State Department of Conservation and Natural Resources Advisory Board will meet Saturday morning at the Capitol. Neither bill is currently on the agenda, but the issues of supplemental feeding and extending deer season may be addressed by the public during the meeting. The Federation is monitoring the department's advisory board meetings and the deer season legislation. |
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Bills in Brief
Timber Theft, HB 318, sponsored by Rep. Charles Newton, D-Greenville, passed the House unanimously on Thursday. The bill would make it a crime to remove timber or other products by deception. The companion bill, SB 284, sponsored by Sen. Clay Scofield, R-Red Hill, is assigned to the Senate Judiciary Committee. AFF supports.
Insurance Investments, HB 189, sponsored by Rep. Mike Hill, R-Columbiana, would provide greater flexibility for insurance investments and would make Alabama law more consistent with those of other states. The bill unanimously passed the House of Representatives Tuesday. The companion bill, SB 164 by Sen. Slade Blackwell, R-Mountain Brook, passed the Senate Banking and Insurance Committee on Feb. 21 and awaits action in the Senate. AFF supports.
Telephone Service, HB 196, sponsored by Rep. Mike Hill, R-Columbiana, passed the House on Tuesday with a 95-1 vote. The bill 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. This would remove the requirement for telephone service companies to provide basic landline telephone service. The companion bill, SB 169, is sponsored by Sen. Cam Ward, R-Alabaster, and is assigned to the Senate Commerce, Transportation and Utilities Committee. AFF monitoring.
Transportation Infrastructure Bank, SB 150, sponsored by Sen. Arthur Orr, R-Decatur, would provide for financing of qualified transportation projects by establishing the Alabama Transportation Infrastructure Bank. The bank funds would come from a small portion of the Alabama gasoline tax and motor vehicle registration fees. The bill details the membership, powers, duties and liabilities of the bank and calls for an annual audit. AFF monitoring. |
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