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Agriculture Bills On Move As Session Nears End
With four days remaining in the 2012 legislative session, a number of agriculture-related bills are close to receiving final legislative approval.
The Farm-To-School Procurement Act detailed in HB 670, sponsored by Rep. Elaine Beech, D-Chatom, passed the Senate Education Committee Wednesday. The bill would make it easier for local school boards to purchase Alabama-grown foods.
HB 459, sponsored by Rep. Donnie Chesteen, R-Geneva, would protect agritourism operators from frivolous lawsuits brought by farm activity participants and awaits a Senate vote. The Senate companion, SB 306, sponsored by Sen. Gerald Allen, R-Tuscaloosa, is assigned to the Senate Judiciary Committee.
The Senate and House companions for metal theft and irrigation incentive legislation are at the final stage for legislative approval. SB 35, sponsored by Sen. Ben Brooks, R-Mobile, and HB 278, sponsored by Rep. Bill Poole, R-Northport, would increase the penalties for metal theft and require metal recyclers to collect additional data from sellers. HB 328, sponsored by Rep. Chad Fincher, R-Semmes, and SB 153, sponsored by Sen. Arthur Orr, R-Decatur, would provide a 20-percent tax incentive for investments in reservoirs and irrigation equipment, up to $10,000. All four bills are awaiting final passage in the second houses.
Immigration law revisions included in HB 658, supported by the Federation and sponsored by Rep. Micky Hammon, R-Decatur, are awaiting a final vote in the Senate. Sen. Scott Beason, R-Gardendale, is sponsoring SB 541, which also revises the immigration law. The bill awaits action by the Senate.
The bills listed above represent ideas contained in the Federation policy book, which is compiled from issues and concerns brought forth by members at the county organization level.
"Members of the Alabama Farmers Federation are important to the overall political process,"said Federation Assistant Director of Governmental and Agriculture Programs Brian Hardin. "Communication between Federation members and Alabama legislators can help move these bills forward. Members are encouraged to sign-up for Action Alerts, which are issued whenever action is needed on an important agriculture bill."
Click here to sign-up. For current Action Alerts, visit the Legislative Action Center website. |
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Trespassing Bill Headed To Governor
The Alabama House of Representatives voted unanimously on Tuesday to protect Alabama property owners from certain liability claims by trespassers.
The House passed SB 342, sponsored by Sen. Phil Williams, R-Rainbow City, which would codify Alabama law regarding property owners' responsibilities toward a trespasser. The bill specifically states its intent is to reject adoption of the Third Restatement of Torts, a compilation of United States common, law which could lead to less protection for landowners.
Under the legislation, landowners would be required to inform known trespassers of dangers but only after the owner becomes aware of the possible danger. The bill also includes language protecting child trespassers.
The companion bill, HB 380, is sponsored by Rep. Jack Williams, R-Birmingham. The legislation awaits the governor's signature. |
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Turner Appointed To State Ag And Industries Board
Cattle farmer J.B. Turner Jr. of Harvest, Ala., is the newest member of the state's Agriculture and Industries Board. Turner's appointment received unanimous Senate approval Thursday.
Along with cattle farming, Turner grows vegetables and fruits and enjoys tending roses in his free time. He serves on numerous boards including the Madison County Farmers Market and the Alabama Angus Association. He served as president of the Madison County Cattlemen's Association in 2010.
Turner fills the position left open since the passing of Leon Draper. |
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Education Budget Proposal Passes Senate
The proposed Education Trust Fund Budget passed the Senate Tuesday, with a 31-4 vote. The House Ways and Means Education Committee is expected to consider the proposal next week.
The Senate's recommendation would set the FY 2013 state education budget at almost $5.5 billion, a reduction of more than $150 million from last year's spending.
Under the proposed budget, the Career Tech Initiative would receive $2.3 million, of which $900,000 is allocated to agriscience programs. Career Tech Operations and Maintenance funding is set at $5 million. Sen. Trip Pittman, R-Montrose, drafted the budget and said he believes the funding levels included for Career Tech meet the requests from school boards.
The plan also includes $95,000 for Auburn University's National Poultry Technology Center and $95,000 for fire ant eradication research.
The University of Alabama's Rural Medical Scholars program is set to receive nearly $441,000. The Auburn Rural Health Program, Tuskegee Area Health Education Center and the Rural Health Program at the University of Alabama in Huntsville would receive level funding.
Funding for the Alabama Agricultural Land Grant Alliance (AALGA) would be over slightly from the FY 2012 level, to a FY 2013 amount of $5.2 million.
Click here for the full education budget, including funding for univeristy agriculture programs. |
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November Ballot To Include Constitutional Revisions
Proponents of constitutional revision will have the opportunity to update two sections of the 1901 constitution when they go to the polls Nov. 6.
 | | Rep. Paul DeMarco |
On Tuesday, the Senate granted final passage to HB 357 and HB 358, sponsored by Rep. Paul DeMarco, R-Homewood. HB 357 would rewrite the article dealing with corporations, railroads and canals, while HB 358 would revise the banking article. If approved by voters, the changes would take effect Jan. 1, 2014.
"Passage of these bills marks a major milestone for those who favor the article-by-article approach to constitution revision," said Federation Assistant Director of Governmental and Agriculture Programs Brian Hardin. "Rep. DeMarco has sponsored these bills for several years and has been a stalwart champion of the article-by-article method. These bills demonstrate that the constitution can be revised without the need for a costly constitutional convention."
Revising individual articles of the constitution allows voters to consider a few changes at a time rather than casting one "yes" or "no" vote on an entirely new constitution, Hardin said. In addition, the article-by-article method is less likely to invite litigation to re-establish case law.
The changes contained in HB 357 and HB 358 were recommended by the Alabama Constitutional Revision Commission, which was created last year.
The Alabama Farmers Federation favors the article-by-article approach to constitutional revision. |
| Insurance Bills Move Closer To Final Passage
Legislation aimed at addressing concerns of coastal homeowners as well as bills updating Alabama insurance laws moved closer to final passage this week.
On Tuesday, the House Insurance Committee gave favorable reports to SB 164 by Sen. Slade Blackwell, R-Mountain Brook; SB 210 by Sen. Trip Pittman, R-Montrose; and SB 230 by Sen. Ben Brooks, R-Mobile. SB 164 brings Alabama's outdated insurance investment law in line with other states. The House companion is HB 189 by Rep. Mike Hill, R-Columbiana. SB 210, known as the Clarity Bill, would require insurance companies to provide additional information about policies and claims to the Department of Insurance. SB 230 would provide premium tax credits to insurance companies that write policies in the coastal zones. The companion, HB 723, is sponsored by Rep. Randy Davis, R-Daphne.
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The House Insurance Committee met Tuesday and passed three insurance bills. The meeting lasted less than five minutes. |
On Wednesday, the House Ways and Means Education Committee passed SB 227, also sponsored by Brooks, which would allow homeowners to make tax-deductible deposits into catastrophe savings accounts to pay for uninsured losses. The companion bill, HB 721, is sponsored by Rep. Chad Fincher, R-Semmes.
The package of four insurance bills was developed following months of discussions among lawmakers, regulators, insurance companies and homeowners groups and has broad-based support for final passage. The bills will be voted on Tuesday in the House.
Meanwhile, the House of Representatives passed legislation Wednesday that would crack down on insurance fraud. According to the Alabama Insurance Information Service, insurance fraud accounts for $80 billion in losses a year, which drives up the cost of insurance for all policyholders. HB 323, sponsored by Rep. Steve McMillan, R-Bay Minette, would define insurance fraud, establish penalties for the crime and create an Insurance Fraud Unit (funded by insurance companies) within the Department of Insurance.
The House also passed a bill this week that would allow homeowners to cancel roofing contracts within 10 days if they receive written notice from their insurance company that all or part of their claim is not a covered loss. HB 405 is sponsored by Rep. Mike Ball, R-Huntsville.
The final insurance bill to see action this week was HB 166, also sponsored by Rep. McMillan. Known as the Homeowners Bill of Rights, it would require insurance companies to provide customers a coverage checklist annually. It passed the House of Representatives Thursday and will now be assigned to a Senate committee.
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Bills In Brief
Energy Solutions Grant, HB 518, sponsored by Rep. Greg Wren, R-Montgomery, would establish the Alabama Public Interest Energy and Fuel Research and Development Grants Program and allow Alabama to apply for and receive grants for developing energy solutions. The bill passed the Senate unanimously. The Senate companion, SB 72, is sponsored by Sen. Cam Ward, R-Alabaster. AFF supports.
Environmental Regulations, SB 477, sponsored by Sen. Gerald Dial, R-Lineville, passed the House State Government Committee. The legislation would prohibit the state and its political subdivisions from implementing environmental and/or developmental policies restricting or infringing private property rights. Rep. Steve McMillan, R-Bay Minette, sponsors the House companion bill, HB 618, which awaits action in the House. AFF supports.
Timber Theft, HB 318, sponsored by Rep. Charles Newton, D-Greenville, passed the Senate Agriculture, Conservation and Forestry Committee. The bill would make it illegal to remove timber or forest products by deception. The Senate companion, SB 284, sponsored by Sen. Clay Scofield, R-Red Hill, awaits approval in the Senate. AFF supports.
Conservation and Natural Resources Board, SB 515, sponsored by Sen. Tom Whatley, R-Auburn, passed the Senate Agriculture, Conservation and Forestry Committee. The bill would add two commercial fishermen to the Conservation and Natural Resources Board. The House companion, HB 437, is sponsored by Rep. David Sessions, R-Grand Bay, and is assigned to the House Board, Agencies and Commissions Committee. AFF monitoring.
Alabama-Grown Food Incentives, HB 37, sponsored by Rep. Joe Hubbard, D-Montgomery, would give restaurants incentives for buying Alabama agriculture products, including seafood. The legislation passed the House unanimously. AFF monitoring.
County Bankruptcy, SB 567, sponsored by Sen. Jabo Waggoner, R-Vestavia Hills, passed the Senate. The bill would allow certain bankrupt counties to levy and collect taxes and would only apply to counties claiming bankruptcy prior to or within 36 months of the bill's effective date. The House companion, HB 745, sponsored by Rep. Jack Williams, R-Birmingham, passed the House County and Municipal Government Committee in April. AFF monitoring.
Property Owner Civil Liability, HB 46, sponsored by Rep. Jack Williams, R-Birmingham, would provide limited immunity to property owners against injuries incurred by a criminal on the owner's property. The bill passed the Senate Judiciary Committee. AFF monitoring.
Funeral Disruptions, HB 238, sponsored by Rep. Duwayne Bridges, R-Valley, would require any funeral protests to take place at least 1,000 feet away from the funeral facility. Current law sets the requirement at 500 feet. The bill passed the Senate and now moves to the governor for final approval. Sen. Gerald Dial, R-Lineville, is sponsor of the Senate companion, SB 239. AFF supports.
Education Options Act, SB 513, sponsored by Sen. Dick Brewbaker, R-Montgomery, would establish public charter schools in low-performance districts. The bill passed the Senate and is assigned to the House Ways and Means Education Committee. The companion, HB 650, sponsored by Rep. Phil Williams, R-Huntsville, awaits action in the House. AFF monitoring.
Tax Appeals Commission, SB 549, sponsored by Sen. Ben Brooks, R-Mobile, passed the Senate and is assigned to the House Judiciary Committee. The bill would bring 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. The House companion, HB 105, sponsored by Rep. Paul DeMarco, R-Homewood, awaits final passage in the Senate. AFF monitoring.
Environmental Management Commission, HB 506, sponsored by Rep. Jack Williams, R-Birmingham, would update current law to require one member of the commission be certified by a hydrologist, a geologist or the National Ground Water Association (formerly the National Water Well Association). The bill awaits a vote in the House. AFF monitoring.
Landscape Irrigation, HB 651, sponsored by Rep. David Sessions, R-Grand Bay, awaits action in the House. The bill would require the Alabama Department of Agriculture and Industries to regulate and issue permits to landscape irrigation contractors. AFF neutral.
Animal Abuse Reporting, HB 439, sponsored by Rep. Jack Williams, R-Birmingham, would provide definitions and establish penalties for the crimes of animal torture and cruelty. The bill awaits action in the House. AFF monitoring. |
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Resolutions In Brief
State's Water Stewardship, SJR 16, sponsored by Sen. Gerald Dial, R-Lineville, has passed the House and Senate. The resolution empowers the state to plan and manage Alabama's natural water resources and charges the Alabama Office of Water Resources with stewardship of the state's water resources.
Deer Supplemental Feeding, SJR 82, sponsored by Sen. Tom Whatley, R-Auburn, urges the commissioner of Conservation and Natural Resources to adopt a rule further clarifying the area where supplemental feeding is allowed during deer hunting season. The resolution passed the Senate and has been sent to the House.
Beef Market Commendation, SJR 56, sponsored by Sen. Tom Whatley, R-Auburn, congratulates the United States beef market for a record-breaking export year in 2011. The resolution recognizes the efforts of Alabama beef producers and credits the beef industry's successes to marketing, quality, consistency and competitive pricing. The governor signed the resolution as Act No. 2012-192.
Outstanding Young Farm Family Commendation, HJR 449, sponsored by Rep. Thad McClammy, D-Montgomery, recognizes Alabama Farmers Federation members Jeremy and Lindsey Brown of Montgomery County for winning the Outstanding Young Farm Family Award at the Federation's 2011 annual meeting. The resolution has been introduced in the House. |
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For questions or comments regarding newsletter content, e-mail:
Brian Hardin - Asst. Director of Governmental and Agricultural Programs
or
David Cole - Director of Agricultural Legislation
For questions or comments regarding newsletter distribution or media inquiries, e-mail:
Mary Johnson - Director of News Services |
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