Capitol Connection
IN THIS ISSUE
House To Consider General Fund Budget Proposal
Bill Revising Immigration Law Introduced
House Agritourism Bill Passes Committee
Governor, Legislators Recognize Family Farms and Businesses
Trespass Bill Passes Senate
FFA Students Converge On State Capitol
Heroes For Hire Act Signed Into Law
Bills In Brief
 
April 6, 2012
 

Contact Legislator  Archives 1

House To Consider General Fund Budget Proposal 

 

Now more than halfway through the 2012 session, the Alabama Legislature is turning its attention to major items left on the agenda, including the general fund budget.

 

Legislators took a first step toward approving the 2013 General Fund Budget when the House Ways and Means General Fund Committee passed HB 433 Wednesday. The bill, sponsored by Rep. Jim Barton, R-Mobile, itemizes $1.4 billion for the next budget year and cuts funding for most departments and agencies. The budget proposal is the last item on the House agenda Tuesday.

 

HB 433 would decrease funding for some important agriculture-related programs, while increasing funds for others. Funding to offset farmer fees for the Concentrated Animal Feeding Operations (CAFO) would decrease to $100,000. In order to operate efficiently and avoid additional fees to CAFO farmers, the program needs $500,000 in the new budget.

 

Funding for the State Soil & Water Conservation Committee (SWCC) would increase by 20 percent over last year. However, the Agricultural Water Enhancement Program (AWEP), an appropriation which helps the state secure federal matching funds to increase farm irrigation, would receive no designated state-match funds. For the past three years, AWEP has been included as a line-item of the SWCC budget.

 

With proration for the current budget year and a proposed 12 percent decrease in funding for 2013, Agriculture Commissioner John McMillan has introduced four bills, supported by the Federation, to help his department weather the lean times. HB 542 would repeal an outdated bond requirement for weighmasters and HB 543 would give the department 10 percent of the petroleum fees it collects, up from its current share of 5 percent. The department could improve the efficiency of its seed lab under HB 544 which proposes a new seed inspection fee levied on seed distributors and manufacturers. All three bills, sponsored by Rep. Steve Clouse, R-Ozark, are on the House agenda Tuesday.

 

Another Department of Agriculture and Industries bill, HB 601, sponsored by Rep. Chad Fincher, R-Semmes, would increase fees for pesticide registration. The bill will be on the House agenda Tuesday. 

 

Also part of the proposal, the Alabama Forestry Commission would receive $8.4 million, a 12-percent decrease over the current budget year and the Farmers' Market Authority would receive $300,000, a 21-percent budget reduction.

Bill Revising Immigration Law Introduced

 

Alabama's controversial immigration law would change slightly under legislation introduced in the House on Thursday.

 

HB 658 is the result of numerous discussions between legislative leadership, law enforcement and other community leaders from different agriculture, business, education, healthcare and religious organizations. Rep. Micky Hammon, R-Decatur, is sponsoring the revisions and was one of the original sponsors of the immigration legislation. The bill is assigned to the House Public Safety and Homeland Security Committee.

 

Gov. Robert Bentley says with the changes the law will be more effective and enforceable.

 

"(These revisions will) help promote economic growth, ensure greater fairness and provide greater clarity on the application of the law," Bentley said. "We have revised portions of the bill regarding religious and humanitarian services in a way that mirrors existing federal law. We have also taken steps to eliminate unnecessary burdens on legal residents and businesses."

 

Among other things, the revisions would redefine a number of terms used in the bill, most of which are intended to limit application of the law to Alabama businesses. The bill would also expand the forms of acceptable identification to include a uniformed services indentification card.

 

An exemption for bona fide nonprofit religious organizations would be added to protect them from accusations of concealing, harboring or shielding immigrants. The bill would also remove the requirement for schools to inquire about the citizenship of students, but would still allow the State Department of Education to determine the costs of educating children of illegal aliens.

 

The requirements for employers to register with and use the E-verify system remain unchanged.

 

Prior to the bill's introduction, the Alabama Farmers Federation met with the legislative leadership and the governor about farmers' concerns, some of which are addressed by the revisions.

 

The Federation continues to educate farmers about the law while urging state and federal officials to implement an effective agricultural guest-worker program. The Federation also has hosted seminars featuring businesses that specialize in helping farmers navigate the complicated federal H2A guestworker program.

House Agritourism Bill Passes Committee

 

Top: Sen. Gerald Allen and Ag Commissioner John McMillan with Farmer Joe Roberts.

Bottom: Rep. Donnie Chesteen with Alfa's David Cole.

In its first meeting back from the legislative break, the House Judiciary Committee unanimously passed HB 459, the agritourism liability bill.

 

Sponsored by Rep. Donnie Chesteen, R-Geneva, the legislation would protect farmers from liability if an agritourism participant was injured due to an inherent risk associated with the farming activity. The bill calls for signage explaining the potential dangers to be posted at or near the entrance of the facility.

 

Speaking for the bill, Rep. Mike Jones, R-Andalusia, said there are a number of unpredictable risks associated with agriculture and livestock.

 

Voting in favor of the bill were Committee Chair Rep. Paul DeMarco, R-Homewood; Vice Chair Rep. Howard Sanderford, R-Huntsville; and Ranking Minority Member Rep. Thad McClammy, D-Montgomery. Also voting "yes" were Reps. Mike Ball, R-Madison; Paul Beckman, R-Prattville; Greg Burdine, D-Florence; Chris England, D-Tuscaloosa; Allen Farley, R-McCalla; Wayne Johnson, R-Huntsville; Mike Jones, R-Andalusia; Bill Poole, R-Northport; and Allen Treadaway, R-Morris.

 

The Senate Judiciary Committee has not voted on the Senate companion, SB 306, sponsored by Sen. Gerald Allen, R-Cottondale.

Governor, Legislators Recognize Family Farms And Businesses

 

Legislators and other government officials sampled Alabama foods and visited with farmers and small business owners during the Family Farm and Family Business Day on the Hill Wednesday at the State Capitol.

 

The event, organized by a coalition of agricultural and business groups, emphasized the important role farms and businesses play in Alabama by producing healthy food, creating jobs and boosting the economy.

 

Reps. Joe Hubbard and A.J. McCampbell speak with Macon County Farmer Shep Morris and WSFA meteorologist Josh Johnson at the Family Farm and Family Business Day On The Hill.

"With 2012 declared the Year of Food in Alabama by the Department of Tourism, it seemed fitting to allow legislators and other leaders the opportunity to meet with those who grow food locally," said Brian Hardin, assistant director of Governmental and Agricultural Programs for the Alabama Farmers Federation. "With this event, members of the Alabama Farmers Federation get to showcase their hard work while sharing issues and concerns with legislators."

 

U.S. Rep. Martha Roby, R-Ala., welcomed the crowd and asked farmers to keep her informed about important issues affecting business. Roby reminded farmers that she and U.S. Rep. Terri Sewell, D-Ala., both serve on the House Agriculture Committee and are true advocates for agriculture.

 

"The two of us are working very hard for Alabama's farmers," Roby said.

 

Lt. Gov. Kay Ivey spoke on the importance of agriculture and small businesses to the state.

 

"The work you do is the backbone that drives the economic engine of Alabama," Ivey said.

 

Agriculture Commissioner John McMillan introduced Gov. Robert Bentley and mentioned the garden the governor planted at the mansion. Bentley joked about setting up his own fruit stand on Finley Avenue in Montgomery. He also praised the work of farmers and small business owners.

 

"We are so proud of our farmers," Bentley said. "Farmers are special people. You live by faith because you never know what the prices are going to be. Prices of gasoline, prices of commodities, prices of fertilizer."

 

Rosemary Elebash, state director of the National Federation of Independent Business of Alabama (NFIB), said the Family Farm and Family Business Day on the Hill provided the 10,000-member group a chance to share how its work helps Alabama.

 

"This event was a great opportunity for small-business owners to come together and learn more about what's happening in the legislature and speak out about the issues affecting them and their family businesses," Elebash said.

 

Alabama Farmers Federation is the state's largest farm organization with more than 400,000 member families. NFIB is the state's largest small-business association with members representing businesses from restaurants to roofing companies.

 

Attendees sampled food from Alabama companies including Golden Flake Snack Foods and The Organized Seafood Association from Bayou La Batre. Dessert was provided by Blue Bell Creameries with Milo's Sweet Tea and Barber's lemonade available to wash it all down.

 

Sponsors for the event included the Alabama Farmers Federation, National Federation of Independent Business (NFIB), Alabama Peanut Producers Association, Alabama Catfish Producers, Alabama Agribusiness Council, Alabama Cattleman's Association, "Buy Alabama's Best" Campaign and Alabama Poultry & Egg Association.

 

Trespass Bill Passes Senate

 

Alabama property owners would have greater assurance of being protected from liability claims by trespassers under a bill that passed the Senate Tuesday.

 

SB 342, sponsored by Sen. Phil Williams, R-Gadsden, would codify Alabama common law regarding property owners' responsibilities toward a trespasser. The measure passed by a 29-0 vote. It will now be assigned to the House Commerce and Small Business Committee where the companion, HB 380 by Rep. Jack Williams, R-Birmingham, awaits action in the Judiciary Committee.

 

The Senate bill was amended with language supported by the Alabama Farmers Federation that clarifies a property owner (or possessor) is obligated to warn known trespassers of perils only after the possessor becomes aware of a danger to the trespasser.

 

The amendment also affirms a property owner's responsibility to child trespassers injured due to natural conditions of the property is limited to refraining from causing wanton or intentional injury. Finally, the amendment explicitly states that the intent of the legislation is to reject adoption of the Third Restatement of Torts, which is a compilation of all common law in the United States.

 

Failure of SB 342 and adoption of the Third Restatement of Torts could lead to less protection for landowners in Alabama courts.

FFA Students Converge On State Capitol 

 

Hundreds of blue jackets dotted Goat Hill Thursday as FFA students from chapters around the state attended the second annual Alabama FFA Day at the Capitol. This yearly event exposes FFA students to the inner workings of Alabama's state government and allows advisors and members to meet their state representatives and senators.

 

ffa
FFA Students gather at the state Capitol.

FFA State Vice President and Red Bay High School senior Lauren Gray said Alabama FFA Day at the Capitol can inspire students to become more aware of the issues and concerns facing education.

 

"We can have a voice in the future of agriculture and career and technical education," Gray said. "There's been a lot of talk with the education budget this year so it's really good that we can be here to remind legislators that they are making an investment in our lives and our futures."

 

Agriculture Commissioner John McMillanspoke to the group about the importance of agriculture to the state and how the FFA plays a vital role in developing future leaders for agriculture. Sen. Tom Whatley, R-Auburn, a former state FFA officer, said his experience in the organization prepared him for his current leadership positions, including serving as chair of the Senate Agriculture, Conservation and Forestry Committee.

 

During the morning, attendees were invited to tour state landmarks such as the State Capitol, the State House, Old Alabama Town and the White House of the Confederacy. Several chapters met with their local delegations.

 

Students and advisors mingled with their legislators and other government officials during a barbecue lunch. Before parting ways, the group, representing 16 different FFA chapters, assembled on the Capitol steps for a picture.

 

The event is sponsored by the Alabama FFA Foundation and the Alabama Farmers Federation.

Heroes For Hire Act Signed Into Law

 

On Wednesday, Gov. Bentley signed the Heroes For Hire Act, the first bill to become law in the 2012 legislative session.

 

The new law is meant to help veterans find jobs or start new businesses after returning from deployment by offering a $1,000 tax incentive to businesses who hire such veterans. The act would provide a $2,000 tax credit to unemployed veterans who recently returned from deployment and decide to start their own businesses.

 

The House version of the bill was sponsored by Rep. Duwayne Bridges, R-Valley, and the Senate version was sponsored by Sen. Tom Whatley, R-Auburn.

 

Rep. Bridges said with the Iraq and Afghanistan wars winding down it's important to give returning veterans every advantage possible in finding a job, especially in difficult economic times.

 

"Those who served on the front lines deserve to go to the front of the line for new jobs," Bridges said.

 

Sen. Whatley echoed the sentiment, saying we need to do right by these heroic men and women who put their lives on the line for their country.

 

"This new law not only reaffirms our commitment to supporting our veterans, but also will contribute to Alabama's decreasing unemployment rate," Whatley said.

Bills In Brief

 

Irrigation Incentives, HB 328, sponsored by Rep. Chad Fincher, R-Semmes, was not debated as the House adjourned before reaching the bill on the agenda. The bill would provide a tax incentive for farmers who invest in irrigation equipment and reservoirs, with a cap of $10,000. The Federation is working to have the bill put back on the House agenda. Federation members are encouraged to contact their representatives and ask for support of HB 328. The Senate companion, SB 153, sponsored by Sen. Arthur Orr, R-Decatur, is assigned to the House Ways and Means Education Committee. AFF supports.

 

Metal Theft, SB 35, sponsored by Sen. Ben Brooks, R-Mobile, passed the House Judiciary Committee Wednesday. The bill would require scrap metal buyers to collect additional information from the seller and includes criminal penalties for recyclers who fail to comply. In committee, Rep. Mike Jones, R-Andalusia, presented and passed a number of amendments aimed at softening the penalties imposed on metal recyclers, stating metal recyclers are not the ones responsible for the theft. AFF supports.

  

Roads and Bridges, SB 339, sponsored by Sen. Paul Bussman, R-Cullman, would provide $650 million in bonds from the Alabama Highway Authority for the repair and construction of roads and bridges in rural areas. The bill could reach the Senate floor as early as Tuesday. AFF supports.

 

Deer Supplemental Feeding, HB 419, sponsored by Rep. Wes Long, R-Guntersville, would allow whitetail deer to be hunted on private land within a certain area in relation to supplemental feed. The bill will come before the House Agriculture and Forestry Committee Tuesday. The Senate companion, SB 346, sponsored by Sen. Tom Whatley, R-Auburn, passed the Senate Agriculture, Conservation and Forestry Committee in March. AFF supports.

 

Beef Labeling, HB 612, sponsored by Rep. Jim McClendon, R-Springville, would require grocery stores, restaurants and other retailers to label beef products containing lean finely textured beef. The bill is assigned to the House Agriculture and Forestry Committee. The Senate companion, SB 478, sponsored by Sen. Gerald Dial, R-Lineville, is assigned to the Senate Health Committee. This week, the USDA announced it will approve requests from ground beef producers who wish to voluntarily label their products. AFF opposes.

 

Minimum School Age, HB 6, sponsored by Rep. John Merrill, R-Tuscaloosa, would decrease the minimum mandatory school age from 7 years old to 6. The bill passed the House Education Policy Committee Wednesday. Its Senate companion, SB 28, sponsored by Sen. Priscilla Dunn, D-Bessemer, passed the Senate Education Committee last month. AFF supports.

 

Tax Appeals Commission, HB 105, sponsored by Rep. Paul DeMarco, R-Homewood, passed the House unanimously Thursday. The legislation would abolish the Administrative Law Division of the Department of Revenue and establish the Alabama Tax Appeals Commission in its place, in order to bring Alabama law into conformity with the federal Taxpayer's Bill of Rights. AFF supports.

 

E-911 Statewide Board, HB 89, sponsored by Rep. Mike Millican, R-Hamilton, passed the House and is now assigned to the Senate Governmental Affairs Committee. The bill proposes replacing the current Commercial Mobile Radio Service Board with a statewide E-911 Board, which would establish one statewide emergency telephone service charge. AFF monitoring.

 

Insurance Investments, HB 189, sponsored by Rep. Mike Hill, R-Columbiana, passed the Senate Banking and Insurance Committee on Thursday. The bill would provide greater flexibility for insurance investments and would make Alabama law more consistent with other states. The Senate companion, SB 164, sponsored by Sen. Slade Blackwell, R-Mountain Brook, passed out of the same committee in February. AFF supports.

 

Texting While Driving, HB 2, sponsored by Rep. Jim McClendon, R-Springville, would make it illegal to text while driving. The bill passed the Senate Judiciary Committee in a 7-to-1 vote Wednesday. The Senate companion, SB 144, sponsored by Sen. Jabo Waggoner, R-Vestavia Hills, is awaiting action in the Senate. AFF supports.

 

Timber Theft, SB 284, sponsored by Sen. Clay Scofield, R-Red Hill, would add to the current timber theft law, making it illegal to remove timber and other forest products by deception. The legislation passed the Senate Judiciary Committee on Wednesday. Its companion, HB 318, sponsored by Rep. Charles Newton, D-Greenville, passed the House in March and is assigned to the Senate Agriculture, Conservation and Forestry Committee. AFF supports.

 

Catastrophe Savings Accounts, HB 456, sponsored by Rep. Randy Davis, R-Daphne, would allow individuals to make deposits into a catastrophe savings account. The funds would be used to cover insurance deductibles and costs of other uninsured items damanged in a wind event. The bill passed the House Insurance Committee Thursday. A similar bill, SB 227, sponsored by Sen. Ben Brooks, R-Mobile, is awaiting action by the Senate. AFF supports.

 

Farm Wine, SB 358, sponsored by Sen. Tom Whatley, R-Auburn, passed the Senate Job Creation and Economic Development Committee with amendments Thursday. The legislation would make it legal for farm wineries to sell, license and distribute table wine. The House companion, HB 372, sponsored by Rep. Becky Nordgren, R-Gadsden, is assigned to the House Economic Development and Tourism Committee. AFF monitoring.

 

Unemployment Compensation, SB 300, sponsored by Sen. Trip Pittman, R-Daphne, would require a person to serve a one-week waiting period before receiving unemployment benefits. The bill passed the Senate with a 26-to-9 vote Thursday. AFF supports.

 

Garrett Coliseum Insurance, HB 484, sponsored by Rep. Joe Hubbard, D-Montgomery, would authorize any entity which manages Garrett Coliseum, including the Agriculture Center Board, to buy into the state's umbrella insurance policy coverage for the coliseum. The bill is assigned to the House State Government Committee. AFF monitoring.

 
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