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Please note, there will not be a March 30 edition of Captiol Connection as the Alabama Legislature will be on spring break March 26-30. The next edition of Capitol Connection will be sent on Friday, April 6. |
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Department Of Ag And Industries Looks For Budget Solutions
The Alabama Department of Agriculture and Industries is trying to stay one step ahead of budget cuts. Before Gov. Bentley announced a 10.6 percent proration last Friday, the department introduced three bills, sponsored by Rep. Steve Clouse, R-Ozark, aimed at generating income, improving efficiency and repealing an outdated mandate.
Agriculture Commissioner John McMillan said the legislation shows the department is thinking outside the box by keeping all options on the table.
"We're trying to look at what we can do to keep from having any layoffs in this fiscal year or the next fiscal year," he said. "We've pretty much cut as far as we can, so we've got to deal with this in other ways than cutting employees."
The least controversial bill, HB 542, would repeal a $1,000 bond requirement for weighmasters in Alabama. Adopted in the 1920s, McMillan said the law is "totally outdated."
The department is responsible for enforcing and collecting petroleum fees from businesses selling petroleum products. Currently, the department receives 5 percent of those funds, with the remaining money distributed to counties, municipalities and the Department of Transportation. HB 543 proposes increasing the Department of Ag and Industries' share to 10 percent, resulting in approximately $3 million more in the Agricultural Fund. According to McMillan, the department only employs two auditors at this time.
"My opinion is, if we hire at least two more in-state auditors and a few out-of-state auditors, we can substantially increase revenue for everybody participating," McMillan said. "If we didn't believe the money could be utilized to increase the overall funds, I wouldn't even have the nerve to ask for it."
The Department of Agriculture and Industries also is tasked with seed inspection and houses a seed inspection lab on-site. Under HB 544, a seed inspection fee would be levied on the seed distributors or manufacturers, whichever entity is the first to introduce the product to the market. All money collected would go toward the operations and administration of the seed lab, including updates needed to improve efficiency.
"We had a thorough analysis done by experts, and they recommended that we go through three years of phasing new equipment and training new employees to be able to come up to professional standards with our seed lab," McMillan said.
All three bills unanimously passed the House Ways and Means General Fund Committee on Wednesday. During discussion, representatives praised the commissioner and the others at the department for their dedication to finding innovative solutions for the budget crisis.
"To me, it's time we find some way to better reflect the economic impact agriculture has in our state by giving them a little bit of the tools they need going forward," Rep. Greg Wren, R-Montgomery, said.
The Alabama Farmers Federation supports the seed tonnage fee. Although the Federation has no official policy regarding weighmasters or distribution of petroleum fees, it does support finding innovative means to fund state departments without raising taxes.
Another bill related to the Department of Agriculture and Industries was introduced in the House on Thursday and assigned to the House Ways and Means General Fund Committee. HB 601, sponsored by Rep. Chad Fincher, R-Semmes, would increase fees for pesticide registration. Additional funds collected would go to the Pesticide Management Division of the department. |
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Timber Harvest Notification Bills Pass Committees
Alabama is one step closer to establishing a uniform set of rules for timber harvest notification, which counties may adopt on a voluntary basis.
SB 409 requires timber owners to notify the county of operation before beginning logging activities which require use of county roads, and it provides a warning system and penalties for noncompliance. The bill passed the Senate Agriculture, Conservation and Forestry Committee by a 6 to 1 vote on Wednesday. Voting in favor of the bill were Committee Chair Sen. Tom Whatley, R-Auburn, and Sens. Billy Beasley, D-Clayton; Paul Bussman, R-Cullman; Marc Keahey, D-Grove Hill; Paul Sanford, R-Huntsville; and Phil Williams, R-Gadsden. Voting in opposition to the bill was Sen. Shadrack McGill, R-Scottsboro.
Whatley, sponsor of the bill, said the legislation would replace the various county ordinances with a voluntary statewide uniform notice requirement.
"Counties do not have to opt-in, but if they do, they must conform with this uniform system," he said. "Irrespective if the county opts in or not, the previous logging ordinances will be repealed."
According to Whatley, 18 Alabama counties currently have notification requirements, but there is no consistency from one county to the next.
The Alabama Forestry Association and the Association of County Commissions worked together to develop a bill which addressed the issues of both parties. SB 409 would not relieve timber owners from liability for damages to public roads or bridges, and it does not increase any liabilities for counties. The bill clarifies the responsibility for notification falls to the timber owner, which in most cases is either the forester or the timber harvester and not the property owner.
The Alabama Farmers Federation supports SB 409 and its House companion, HB 538, sponsored by Rep. Mark Tuggle, R-Alexander City, which passed the House Commerce and Small Business Committee unanimously on Wednesday. Voting in favor of the bill were Committee Chair Rep. Jack Williams, R-Birmingham, and Reps. Jim Carns, R-Birmingham; Richard Baughn, R-Lynn; David Colston, D-Hayneville; Kurt Wallace, R-Maplesville; Pebblin Warren, D-Tuskegee; and April Weaver, R-Brierfield. |
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Senate Confirms Auburn and Alabama A&M Trustees
The Senate has confirmed additional appointments to the board of trustees for two Alabama land-grant institutions.
Three incumbents on the Auburn University Board of Trustees received final confirmation from the Senate for another term: Jimmy Rane, Great Southern Wood CEO; Charles McCrary, Alabama Power Company president; and Sarah Newton, Fayette Elementary School principal.
Last Thursday, the Senate confirmed Jimmy Sanford, an Autauga County cotton farmer, as the first new member for the Auburn Board of Trustees.
Awaiting approval by the Senate Confirmations Committee are James Pratt of Birmingham, Elizabeth Huntley of Clanton, Robert Dumas of Auburn, Clark Sahlie of Montgomery and Ben Thomas Roberts of Mobile.
The Auburn board would be restructured starting in June of 2013 under SB 366, sponsored by Sen. Tom Whatley, R-Auburn. The bill passed the Senate unanimously on Thursday and is now assigned to the House Ways and Means Education Committee.
Three appointments to the Alabama A&M University Board of Trustees have also been considered by the Senate. Two members, John Hudson of Birmingham and Velma Tribue of Cowarts, received final confirmation last Thursday. Appointment of Bernice Richardson of Huntsville is awaiting approval in the Senate Confirmations Committee. |
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Lawmakers Consider Transportation, Energy Bills
Bills developed by the Permanent Joint Legislative Committee on Energy were introduced in both houses of the legislature on Tuesday. HB 576 and SB 434 would require state agencies and departments to work with a new office on transportation issues.
Sponsored respectively by Rep. Greg Wren, R-Montgomery, and Sen. Cam Ward, R-Alabaster, the bills would create the Office of Fleet Management, which would become the sole entity responsible for purchasing, leasing, operating, maintaining and disposing of motor vehicles assigned to state officers and employees. The state fleet manager would be appointed by the transportation director, and regular reports from the office would be provided to the Green Fleets Review Committee.
HB 576 is currently assigned to the House Transportation, Utilities and Infrastructure Committee, and SB 434 has been assigned to the Senate Governmental Affairs Committee.
The Permanent Joint Legislative Committee on Energy is chaired by Rep. Wren, with Sen. Ward serving as vice chair. The pair sponsored other bills meant to encourage energy and fuel research by allowing Alabama to apply for and receive grants for developing energy solutions. HB 518 and SB 72 would create the Alabama Public Interest Energy and Fuel Research and Development Grants Program as part of the Department of Agriculture and Industries' Center for Alternative Fuels. The program covers energy and fuel enhancements including fossil fuel, bio-fuel and bio-energy resources research.
The House Agriculture and Forestry Committee approved HB 518 on Thursday. SB 72 passed the Senate Energy and Natural Resources Committee on Wednesday. |
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Bills In Brief
Irrigation Incentives, HB 328, sponsored by Rep. Chad Fincher, R-Semmes, is the fourth agenda item scheduled to come before the House for a vote at its next meeting on Tuesday, April 3. Rep. Victor Gaston, R-Mobile, selected the bill in the House Rules Committee. The bill would provide a 20 percent tax incentive for farmers investing in irrigation equipment and reservoirs, with a $10,000 cap. The Senate companion, SB 153, sponsored by Sen. Arthur Orr, R-Decatur, remains in the House Ways and Means Education Committee. AFF supports and plans to send an Action Alert to members before the next legislative day.
Reauthorize Farm Bill, HR 166, sponsored by Rep. Richard Lindsey, D-Centre, urges all members of the U.S. Congress to reauthorize the Farm Bill in a manner that sustains the integrity and effectiveness of the measure. The resolution, which passed the House last week, prioritizes working lands programs that promote conservation practices and keep land in agricultural production. Its companion, SJR 40, sponsored by Sen. Tom Whatley, R-Auburn, passed the Senate on Thursday and now moves to the House for approval. AFF supports.
Agritourism Liability, HB 459, sponsored by Rep. Donnie Chesteen, R-Geneva, was tabled at the House Judiciary Committee meeting on Wednesday, as the Federation continues to hone the specifics of the bill. HB 459 would protect farmers from liability if agritourism participants were injured due to an inherent risk of the activity. The Senate companion, SB 306, sponsored by Sen. Gerald Allen, R-Cottondale, is assigned to the Senate Judiciary Committee. Action is expected on both bills on April 4, the next committee meeting date for the legislature. 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. The bills passed the Senate Constitution, Campaign Finance, Ethics and Elections Committee on Wednesday. AFF supports the article-by-article process for constitutional revisions.
Animal Cruelty, HB 439, sponsored by Rep. Jack Williams, R-Birmingham, would set the definition for torture and cruelty to animals, along with requiring certain people to report such treatment of animals. The bill passed the House Judiciary Committee on Wednesday. AFF monitoring.
Environmental Management Commission, HB 506, sponsored by Rep. Jack Williams, R-Birmingham, would require one member of the commission be certified by the National Ground Water Association (NGWA), a hydrologist or a geologist. Current law is outdated as it requires certification by the National Water Well Association, which changed its name to NGWA in 1991. The bill passed the House Commerce and Small Business Committee on Wednesday. AFF monitoring.
Telephone Services, HB 196, sponsored by Rep. Mike Hill, R-Columbiana, passed the Senate with an amendment on Thursday. Under this bill, the definition of basic telephone service would be expanded to include other forms of service, such as cell phones. Telephone service companies would no longer be required to provide basic landline telephone service. The House must agree to the amendment before the bill moves to the governor to be signed into law. The Senate companion, SB 169, sponsored by Sen. Cam Ward, R-Alabaster, is also assigned to the Senate Commerce, Transportation and Utilities Committee. AFF monitoring.
Landscape Architects, HB 374, sponsored by Rep. Mark Tuggle, R-Alexander City, passed the House on Tuesday and is now assigned to the Senate Boards, Agencies and Commissions Committee. The bill would require a license for someone to use the new title of "registered landscape architect." It would also change current licensing examination, education requirements and payment of annual license fees for licensed landscape architects. AFF monitoring.
Deer Hunting Season Extension, SB 359, sponsored by Sen. Tom Whatley, R-Auburn, passed the Senate Agriculture, Conservation and Forestry Committee on Wednesday. The bill would allow for gun hunting of deer through February 13 but hunting with dogs. House companion HB 440, sponsored by Rep. Harry Shiver, R-Bay Minette, is assigned to the House Agriculture and Forestry Committee. AFF monitoring.
Appraisal Of Real Property, SB 384, sponsored by Sen. Trip Pittman, R-Daphne, would require governmental entities to obtain an appraisal from a licensed appraiser on property before a purchase is made. The legislation also stipulates the price of the property could not be more than the appraised value. The bill passed the Senate Governmental Affairs Committee last week and awaits action by the Senate. AFF monitoring.
E-911 Statewide Board, HB 89, sponsored by Rep. Mike Millican, R-Hamilton, will be the first item on the agenda when the House reconvenes after spring break. The bill received approval from the House Boards, Agencies and Commissions Committee at the beginning of the month and is scheduled for a House vote on April 3. HB 89 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 communication districts. AFF monitoring. |
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