Agritourism and Irrigation Bills Pass House
After working into the evening hours Thursday, the House passed two agriculture-related bills.
HB 459, sponsored by Rep. Donnie Chesteen, R-Geneva, passed unanimously. The bill would protect agritourism operators from liability if a customer is hurt while participating in an agritourism activity and requires the operator to post signs detailing risks involved in farm activities.
"This bill will have a positive impact in rural areas, which need economic stimulus the most," said David Cole, director of agricultural legislation for the Alabama Farmers Federation. "In addition, the legislation will provide farmers opportunity to combine the state's two largest industries, agriculture and tourism."
A bill providing up to $10,000 in tax incentives for farmers who invest in irrigation equipment and reservoirs passed the House with 98 in favor and 1 opposed. Rep. Patricia Todd, D-Birmingham, was the lone "no" vote. HB 328, was carried by Rep. Alan Boothe, R-Troy, in the absence of the bill sponsor, Rep. Chad Fincher, R-Semmes.
Boothe said farmers sorely need this legislation in order to turn barren lands into agriculturally productive fields.
An amendment was added to the bill that would allow farmers who replace gasoline-powered irrigation systems with electric to receive the credit under the same qualifications. |
Rural Bridges Bill Passes Senate
Legislators addressed concerns for deteriorating rural infrastructure with the passage of a bill that would fund repair and construction of rural bridges and roads.
HB 339, sponsored by Sen. Paul Bussman, R-Cullman, passed the Senate unanimously Thursday. The bill would provide $650 million in bonds from the Alabama Highway Authority for repairs and construction and would limit the amount of funds one county may receive.
Bussman, the bill's sponsor, said counties have to maintain between 2,600 and 2,700 bridges and 28 percent of those are either weight-restricted or functionally obsolete.
"More than 1,000 bridges are too weak to carry a school bus," Bussman said. "We have expenses from school districts of (more than) $2.5 million for transportation around restricted bridges. We have a significant time issues with children on busses."
Review of requests and disbursement of funds would be overseen by a council established in the legislation. The bill was amended to require a county match of 5 percent of the total funding received.
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Department Of Ag And Industries Bills Move To Senate
The House passed a set of bills meant to increase funds for the Alabama Department of Agriculture and Industries on Tuesday.
HB 542, HB 543 and HB 544, all sponsored by Rep. Steve Clouse, R-Ozark, passed with varying degrees of opposition. HB 542 passed unanimously and would remove an outdated bond requirement for weighmasters in Alabama. The seed inspection fee proposed in HB 544 passed with an 88-6 vote. The seed lab, which is run by the department, would benefit from funds collected by the fee.
The redistribution of petroleum fees proved to be the most controversial, passing in a 61-35 vote. HB 543 proposes increasing the department's share of petroleum fees, which the department is responsible for collecting, from 5 percent to 10 percent. Counties, municipalities and the Alabama Department of Transportation would continue to receive and split the remaining funds.
HB 601, sponsored by Rep. Chad Fincher, R-Semmes, which would increase fees for pesticide registration, passed the House with a 76-13 vote.
Clouse's three bills are now assigned to the Senate Finance and Taxation General Fund Committee. Fincher's bill has not yet been assigned to a Senate committee. |
Senate Passes Timber Harvest Notification Bill
A bill which would establish a voluntary, uniform set of rules for timber harvest notification procedures is moving through the legislature, passing the Senate Tuesday and the House Commerce and Small Business Committee Wednesday.
According to the bill sponsor, Sen. Tom Whatley, R-Auburn, SB 409 would replace current timber harvest notification ordinances in the 18 Alabama counties which currently have their own requirements. Other counties may elect to adopt the rules, but it is not required.
The bill requires timber owners to notify the affected county before using county roads for logging operations, and it provides a warning system and penalties for noncompliance.
Before passage, Whatley presented amendments to exempt utility workers from the requirements and to define "timber owner" as the person or firm who owns the title to the timber at the time it enters a county road.
The House companion, HB 538, sponsored by Rep. Mark Tuggle, R-Alexander City, passed the House Commerce and Small Business Committee in March.
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Legislators Continue Tackling Budget, Immigration Issues
With just over 10 days left in the session, Alabama lawmakers continue work on two big issues: immigration and budgets.
The House passed the general fund budget bill, HB 433, sponsored by Rep. Jim Barton, R-Mobile, in a 56-47 vote taken late Tuesday night. The bill itemizes a $1.4 billion budget and cuts funding to most state agencies. In the budget, funding to offset farmer fees for the Concentrated Animal Feeding Operations (CAFO) is set at $100,000 and funding for the Agricultural Water Enhancement Program (AWEP) is not included. The bill is now assigned to the Senate Finance and Taxation General Fund Committee.
Two bills involving changes to Alabama's controversial immigration law were the subject of committee public hearings Wednesday. HB 658, sponsored by Rep. Micky Hammon, R-Decatur, would strengthen some parts of the immigration bill while clarifying or removing others. Members of the House Public Safety and Homeland Security Committee listened as nearly two dozen speakers, many of whom opposed the legislation and called for the total repeal of the immigration law, spoke on the bill.
No vote was taken, but Hammon said he does not plan to change the bill based on the hearing.
The Senate Judiciary Committee disussed SB 41, sponsored by Sen. Billy Beasley, D-Clayton. The bill calls for the repeal of the immigration law. No vote was taken.
The Alabama Farmers Federation continues to monitor immigration legislation. The Federation is committed to educating farmers about the law while urging state and federal officials to implement an effective agricultural guest-worker program.
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House Committee Passes Deer-Related Bills
A bill allowing for the hunting of whitetail deer within a certain area in relation to supplemental feed passed the House Agriculture and Forestry Committee in a voice vote Tuesday.
HB 419, sponsored by Rep. Wes Long, R-Guntersville, would only apply to private land. The bill states that while it is lawful for private landowners to provide food for birds and other animals year-round, some owners stop feeding during deer season in order to avoid breaking the law which makes it illegal to hunt deer over supplemental feed. HB 419 would allow for hunting deer within 100 yards of a feeder which is outside the hunter's line of sight.
"Outside of the line of sight means hidden from view by natural vegetation or naturally occurring terrain features," Rep. Harry Shiver, R-Bay Minette, said while speaking for the bill.
The Alabama Farmers Federation supports year-round supplemental feeding programs for wildlife with hunting permitted in the feeding areas.
Two other deer season bills, HB 440 and HB 489, also passed the House Agriculture and Forestry Committee. HB 440, sponsored by Shiver, would add two weeks to the end of the regular deer hunting season. HB 489, sponsored by Rep. Mike Jones, R-Andalusia, would take away two weeks at the beginning of deer season while adding two weeks to the end. The bill would only apply to bow and primitive weapon hunting and would increase fees for out-of-state hunters. The Federation is neutral on both bills.
Some members of the committee expressed concerns about all the bills, stating deer regulations fall under the jurisdiction of the Alabama Department of Conservation Advisory Board and not the Legislature. The advisory board meets three times yearly. |
Committees Consider Insurance Bills
The Senate Banking and Insurance Committee gave an unfavorable report Wednesday to one bill that would require insurance companies to itemize premium costs per $1,000 of coverage but passed a second bill that would require itemization savings available for renovations aimed at reducing windstorm damage. Meanwhile, the House Insurance Committee carried over a measure that would crack down on insurance fraud as well as a bill known as the homeowners bill of rights.
The split decision by the Banking and Insurance Committee was notable because both bills would require many insurance companies to incur additional programming expense that must ultimately be passed on to the customer. Insurance industry representatives have expressed concern that bills requiring additional reporting do not benefit policyholders and, in fact, could discourage companies from doing business in the state, since the requirements are not widely adopted across the country and would place Alabama in a small minority of states with such mandates.
SB 228, sponsored by Sen. Ben Brooks, R-Mobile, was defeated by a 7-5 vote. It would require insurance companies to provide policyholders a written breakdown of premium costs by peril for each $1,000 of coverage at the time of renewal. Voting against the bill were Sens. Roger Bedford, D-Russellville; Jerry Fielding, D-Sylacauga; Bill Holtzclaw, R-Madison; Tammy Irons, D-Florence; Hank Sanders, D-Selma; Clay Scofield, R-Red Hill; and Tom Whatley, R-Auburn. Voting in favor of the bill were committee chair Slade Blackwell, R-Mountain Brook and Sens. Brooks; Paul Bussman, R-Cullman; Del Marsh, R-Anniston; and Jabo Waggoner, R-Vestavia Hills.
SB 231, sponsored by Brooks, passed with Whatley as the sole dissenting vote. In casting his "no" vote, Whatley stood with insurance companies opposed to unnecessary regulations that raise policyholder costs. The bill would require insurers to notify customers at the time of application and at each renewal of the discounts, credits, reduced deductibles or other savings available for storm-resistant retrofitting.
Insurance industry groups have noted that not all insurance companies separate rates by peril or have the computer systems to report credits and discounts in the manner required by the legislation. Moreover, the government dictating how insurers market discounts to potential and existing customers is unnecessary, wasteful and counterproductive as insurance companies already work diligently to provide quality service to policyholders.
Meanwhile, in the House of Representatives, two bills sponsored by Rep. Steve McMillan, R-Bay Minette, were carried over in committee. HB 166, known as the Homeowners Bill of Rights, would require insurance companies to provide policyholders a list of their rights when the policy is issued and at each renewal. HB 323 would define insurance fraud, establish penalties for the crime and create an Insurance Fraud Unit (funded by insurance companies) within the Department of Insurance to investigate fraud.
Alfa supports market-driven insurance reform which can lower costs for policyholders by encouraging increased competition among insurance companies and through measures that reduce risk through stronger construction. Alfa also supports legislation to reduce insurance fraud.
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Bills In Brief
Trespass, SB 342, sponsored by Sen. Phil Williams, R-Rainbow City, passed the House Commerce and Small Business Committee Wednesday. The bill would codify Alabama common law in regard to property owners' responsibilities toward a trespasser. The companion, HB 380, sponsored by Rep. Jack Williams, R-Birmingham, is assigned to the House Judiciary Committee. AFF supports.
Water Management Plan, HB 674, sponsored by Rep. Chad Fincher, R-Semmes, would create the Alabama Water Sustainability and Security Act in the Office of Water Resources, the Water Resources Council and the Water Resources Commission with the responsibility of creating a comprehensive water management plan. The bill was introduced Tuesday and is assigned to the House Agriculture and Forestry Committee. AFF monitoring.
Timber Theft, HB 318, sponsored by Rep. Charles Newton, R-Greenville, would make the removal of timber or timber products by deception illegal. The bill is assigned to the Senate Agriculture, Conservation and Forestry Committee and is on the Wednesday agenda. The Senate companion, SB 284, sponsored by Sen. Clay Scofield, R-Red Hill, is awaiting action in the Senate. AFF supports.
Trucking Liability, HB 339, sponsored by Rep. Ron Johnson, R-Sylacauga, would force large firms contracted with trucking companies to share in the liability of independent truck drivers which the firm hired. The bill passed the Senate Judiciary Committee Wednesday. AFF monitoring.
Energy Solutions Grants, HB 518, sponsored by Rep. Greg Wren, R-Montgomery, would establish the Alabama Public Interest Energy and Fuel Research and Development Grants Program. The legislation would allow Alabama to apply for and receive grants for developing energy solutions. The bill passed the Senate unanimously Thursday. AFF supports.
Farm-To-School Procurement Act, HB 670, sponsored by Rep. Elaine Beech, D-Chatom, would develop a partnership between the Department of Education and the Department of Agriculture and Industries by encouraging schools to provide locally-grown foods as part of the daily menu. The bill is assigned to the House Education Policy Committee. AFF monitoring.
Alabama-Grown Food Incentives, HB 37, sponsored by Rep. Joe Hubbard, D-Montgomery, passed the House Agriculture and Forestry Committee Tuesday. The bill would give restaurants incentives for buying Alabama agricultural products, including seafood. AFF monitoring.
Off-Road Motorcylces, ATVs and UTVs, HB 495, sponsored by Rep. K.L. Brown, R-Jacksonville, would amend current Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act to include off-road motorcycles, all-terrain vehicles and utility-terrain vehicles. The bill would regulate franchise agreements with farm equipment dealer businesses. It passed the House Agriculture and Forestry Committee Tuesday. AFF monitoring.
Education Options Act, HB 650, sponsored by Rep. Phil Williams, R-Huntsville, is the revised version of the Charter Schools bill. The bill passed the House Ways and Means Education Committee Tuesday. AFF monitoring.
Garrett Coliseum Insurance, HB 484, sponsored by Rep. Joe Hubbard, D-Montgomery, passed the House State Government Committee Tuesday. The bill would authorize any entity which manages Garrett Coliseum, including the Agriculture Center Board, to participate in the state's umbrella insurance policy coverage for the coliseum. AFF neutral.
Landscape Architects, HB 374, sponsored by Rep. Mark Tuggle, R-Alexander City, passed the Senate Judiciary Committee unanimously Wednesday.The bill would introduce a new title of "registered landscape architect" and change current licensing fees, examinations and education requirements for licensed landscape architects. The companion, SB 43, sponsored by Sen. Tom Whatley, R-Auburn, is assigned to the Senate Small Business Committee. AFF neutral.
Tax Appeals Commission, HB 105, sponsored by Rep. Paul DeMarco, R-Homewood, is assigned to the Senate Job Creation and Economic Development Committee. The bill would move Alabama law into conformity with the federal Taxpayer's Bill of Rights by replacing the Administrative Law Division of the Department of Revenue with the Alabama Tax Appeals Commission. AFF supports.
Minimum School Age, SB 28, sponsored by Sen. Priscilla Dunn, D-Bessemer, passed the Senate unanimously Tuesday. The bill would decrease the minimum school age from 7 years old to 6. The House companion, HB 6, sponsored by Rep. John Merrill, R-Tuscaloosa, passed the House Education Policy Committee last week. AFF supports. |
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