Capitol Connection
IN THIS ISSUE
Irrigation Incentives Bills Move In Committees
House Passes Farm-To-School Procurement Act
Timber Harvest Notification Becomes Law
Senate Confirms Appointments To Farmers Market Authority, Universities
Two Options For Immigration Revisions Presented
Senate Passes Insurance Bills
Legislators Agree To Anti-Texting While Driving Bill
Bills In Brief
 
April 27, 2012
 

Contact Legislator  Archives 1

Irrigation Incentives Bills Move In Committees  

 

 The Senate and House versions of the irrigation incentives bill passed committees in their alternate houses.

  

Rep. Chad Fincher addresses the
Senate Finance Taxation Education Committee Wednesday.

On Wednesday, the Senate Finance and Taxation Education Committee unanimously passed HB 328, sponsored by Rep. Chad Fincher, R-Semmes. The bill received an amendment proposed by Sen. Trip Pittman, R-Daphne, which would limit the incentive to one per taxpayer.

 

"Obviously we're trying to encourage irrigation and more arable land," Pittman said. "Until we can quantify it, I believe there should be some sort of restriction....(This amendment) would prevent one large entity from being able to do multiple projects until we get a better handle on the (financial impact)."

 

The bill proposes a tax incentive of up to $10,000 for farmers who invest in reservoirs and/or irrigation equipment, including conversion of diesel systems to electric. In committee, Sen. Roger Bedford, D-Russellville, said he would like to see the incentive for conversion apply to other alternative fuel sources. The bill would also maintain the 2011 federal expensing provisions on irrigation purchases for Alabama tax purposes.

 

The House Ways and Means Education Committee spent very little time Tuesday debating SB 153, sponsored by Sen. Arthur Orr, R-Decatur. The lone "no" vote came from Rep. Patricia Todd, D-Birmingham, who has pledged to vote down any tax incentives which, in her view, take money away from the Education Trust Fund.

 

The bills may now be selected as an agenda item in their second houses. 

House Passes Farm-To-School Procurement Act

 

It only took a few minutes for discussion on the Farm-to-School Procurement Act before the House of Representatives unanimously

Rep. Elaine Beech listens to discussion on HB 670 during the House Education Policy Committee meeting 
last week. 

approved the bill. Rep. Elaine Beech, D-Chatom, said the bill, HB 670, would allow local farmers to sell their fresh crops and foods to local schools. 

 

Rep. Mary Sue McClurkin, R-Pelham, selected the bill in the Rules Committee as an item for Thursday's House agenda.

 

Following federal guidelines, the bill allows schools to purchase up to $100,000 worth of local, unprocessed food products from farmers. The "inherent character" of the food must not be changed, but certain preservation techniques, such as freezing and packaging, are allowed.

 

Implementation of the program will be overseen by the Alabama Department of Education and the Alabama Department of Agriculture and Industries. The departments are responsible for educating school food service directors about the new options for purchasing local food and for identifying farmers for the program.

 

The Alabama Farmers Federation supports HB 670, as it is mutually beneficial to local farmers and schools.

Timber Harvest Notification Becomes Law

 

A bill establishing a voluntary, uniform set of rules for timber harvest notification will become law in an unusual way. SB 409, sponsored by Sen. Tom Whatley, R-Auburn, was approved by the House earlier in the month and sent to the governor's office for signature on April 19. By law, the governor has six days to review bills and either sign into law or veto, sending the bill back to the legislature with suggested amendments. If the governor does nothing while the legislature is still in session, the bill automatically becomes law.

 

On Thursday, the final day for action on SB 409, Gov. Robert Bentley returned the bill to the Senate with suggested executive amendments. However, technical errors in the recommendations prevented Whatley from determining the exact issues before the deadline.

 

The bill was enacted as law (Act 2012-257) Friday and will become effective in July.

 

SB 409 would repeal current county timber harvest notification ordinances, affecting at least 14 counties. In place, the bill would allow counties to adopt a uniform system for requiring timber owners to notify the county before beginning logging activities on county roads.

 

The House companion, HB 538, was sponsored by Rep. Mark Tuggle. The Alabama Farmers Federation supports the legislation, as it simplifies timber harvest notification rules without requiring adoption of the ordinances.

Senate Confirms Appointments To Farmers Market Authority, Universities  

 

The Farmers Market Authority Board of Directors will have a new face at its next meeting. The Senate confirmed Andrew Williams of Safford as the District 7 representative for the board Thursday. The same day, current board members Jimmie Harrison Jr. of Maplesville and Mike Reeves of Hartselle were reappointed for six-year terms. Harrison is a Chilton County Farmers Federation board member, and Reeves is the secretary-treasurer for the Morgan County Farmers Federation.

 

To qualify for appointment, board members must make their living through the production, processing or distribution of agricultural goods.

 

The Senate also confirmed Robert "Thed" Spree, a Greene County Farmers Federation board member, to the University of West Alabama Board of Trustees Thursday.

 

Earlier this month, the Senate approved James Pratt, Elizabeth Huntley, Robert Dumas, Clark Sahlie and Ben Thomas Roberts as the last remaining appointments to the Auburn University Board of Trustees. New appointee Jimmy Sanford, an Autauga County Farmers Federation member, received approval earlier in the session, while Charles McCrary, Sarah Newton and James Rane were reappointed in March.

Two Options For Immigration Revisions Presented 

 

The two original sponsors for Alabama's immigration bill, Rep. Micky Hammon, R-Decatur, and Sen. Scott Beason, R-Gardendale, differ on the best way to revise the immigration law.

 

Revisions proposed by Rep. Hammon passed the Senate Judiciary Committee Wednesday. The changes included in HB 658 would increase some penalties for businesses employing illegal immigrants while decreasing others. The bill provides flexibility for judges by allowing examination of all variables, including the impact of suspending a business license, before ruling on the necessary penalties. Other revisions deal with religious freedoms and acceptable forms of identification.

Rep. Micky Hammon speaks before a packed room during Thursday's Senate Judiciary Committee meeting.

 

During Wednesday's public hearing in the Senate Judiciary Committee, Hammon said over the past year, he has seen how the law affects government agencies, law enforcement, businesses and private citizens.

 

"Our intention is not to harass our citizens but to make life easier on them as it relates to this law and to really target law breakers," Hammon said.

 

Eight organizations spoke against the bill during the public hearing. Some said they would support nothing short of the repeal of the immigration law, while others said HB 658 makes the immigration law too lenient.

 

Beason introduced his own immigration revisions, SB 541, which changes fewer sections of the current law. Neither bill changes the E-Verify requirement for employers. Beason's bill passed the Senate Job Creation and Economic Development Committee Tuesday.

 

The Alabama Farmers Federation supports limited changes included in HB 658 but believes more can be done to lessen unforeseen burdens on Alabama businesses caused by the law. Since HB 56 was signed into law last year, the Federation has hosted seminars to educate farmers about the new requirements and the complicated federal H-2A guest-worker program. Federation representatives continue working with state and federal officials to make the current H-2A program more effective.

Senate Passes Insurance Bills 

 

The Senate passed a package of insurance bills this week after Sen. Ben Brooks, R-Mobile, abandoned efforts to include an additional controversial bill that led to an earlier filibuster. 

 

The package included three bills sponsored by Brooks, as well as the Clarity Bill by Sen. Trip Pittman, R-Montrose, and legislation by Sen. Slade Blackwell, R-Mountain Brook, to modernize Alabama's insurance investment law.

 

SB 227 would allow homeowners to make tax-deductible deposits into catastrophe savings accounts to pay for uninsured losses. SB 230 would provide premium tax credits for insurance companies that write policies in coastal zones. A bill dealing with disability for firefighters, SB 464, also passed the Senate Tuesday. All three are sponsored by Brooks.

 

In addition, Pittman's SB 210, known as the Clarity Bill, passed after lawmakers and insurance companies addressed concerns about the bill. The measure would require insurance companies to provide additional information about policies and claims to the Department of Insurance.

 

The package also included SB 164 by Blackwell. It would give Alabama insurance companies greater flexibility with regard to investments and make Alabama's law more consistent with those in other states. The House companion, HB 189 is sponsored by Rep. Mike Hill, R-Columbiana.

 

The package of five bills now goes to the House for consideration. SB 164 and SB 210 are on the agenda for the House Insurance Committee meeting Tuesday, along with a public hearing on SB 230. A public hearing will be held in the House Ways and Means Education Committee Wednesday on SB 227. Alfa supports the bills as a package and did not call for either public hearing.

 

Meanwhile, the House Insurance Committee this week approved HB 323 by Rep. Steve McMillan, R-Bay Minette, which would define insurance fraud, establish penalties for the crime and create an Insurance Fraud Unit (funded by insurance companies) within the Department of Insurance. Rep. Chad Fincher, R-Semmes, is sponsor of the House catastrophe savings account bill, HB 721, and Rep. Randy Davis, R-Daphne, is sponsor of HB 723, the companion to SB 230. Both are assigned to the House Insurance Committee.

Legislators Agree To Anti-Texting While Driving Bill 

 

Sen. Jabo Waggoner, R-Vestavia Hills, and Rep. Jim McClendon, R-Springhill, may soon claim success on outlawing texting while driving. The Senate passed HB 2, sponsored by McClendon, in a 24-7 vote Tuesday. The bill would make texting while driving a ticketable primary offense with fee penalties of $25 for the first offense, $50 for the second and $75 for the third.

 

Sen. Bill Holtzclaw, R-Madison, amended the bill based off of the Madison city code for cellphone use. The amendment would allow for cellphone usage as a GPS device and in emergency situations. It would also allow a person to text while the car is in neutral or park on the roadway, which could occur because of traffic jams, construction zones or red lights.

 

Because of the amendment, the bill was sent to a conference committee, where members from the Senate and the House agreed to the changes. HB 2 awaits the governor's signature.  

 

Waggoner, sponsor of the Senate companion, SB 144, has attempted to pass an anti-texting and driving bill for several years. Last year, he came close when similar legislation passed the House but failed in the Senate.

 

"We have let a handful of people who are against (this bill) prevent it, but the time has now come," Waggoner said during Senate debate. "It's all about saving lives."

 

 

Alfa Insurance and the Alabama Farmers Federation have worked to discourage distracted driving through the DRV NOW TXT L8R Campaign. For more information about the dangers of texting and driving, visit www.AlfaDriveSmart.com.

 

DRV NOW Graphic

Bills In Brief

 

Metal Theft, HB 278 sponsored by Rep. Bill Poole, R-Northport, would increase penalties for metal thieves and require metal recyclers to collect additional information from metal sellers. The bill passed the Senate Judiciary Committee unanimously. The Senate companion, SB 35, sponsored by Sen. Ben Brooks, R-Mobile, awaits action in the House. AFF supports.

 

Department of Agriculture and Industries Bills, HB 542, HB 543 and HB 544, sponsored by Rep. Steve Clouse, R-Ozark, and HB 601, sponsored by Rep. Chad Fincher, R-Semmes, passed the Senate Finance and Taxation General Fund Committee. HB 542 would remove a $1,000 bond requirement for weighmasters in the state. HB 543 would increase the department's share of the petroleum fees it collects. The bill was amended to preserve current funding levels for counties. HB 544 would impose a fee for seed inspection with funds collected going toward administration and improvements at the state seed lab. At the Federation's request, the bill was amended to require review of the fee every four years. HB 601 would increase pesticide registration and inspection fees. AFF supports.

 

Landscape Irrigation, HB 651, sponsored by Rep. David Sessions, R-Grand Bay, would require landscape irrigation contractors to obtain a permit and be regulated by the Alabama Department of Agriculture and Industries. The bill passed the House Boards, Agencies and Commissions Committee. AFF neutral.

 

Timber Theft, HB 318, sponsored by Rep. Charles Newton, D-Greenville, will be voted on in the Senate Agriculture, Conservation and Forestry Committee Wednesday in Room 727 of the State House. The bill would make it illegal to remove timber or forest products by deception. The companion bill, SB 284, sponsored by Sen. Clay Scofield, R-Red Hill, awaits approval in the Senate. AFF supports.

 

Tax Appeals Commission, SB 549, sponsored by Sen. Ben Brooks, R-Mobile, would replace the Administrative Law Division of the Department of Revenue with the Alabama Tax Appeals Commission, bringing Alabama law into conformity with the federal Taxpayer's Bill of Rights. The bill passed the Senate Judiciary Committee. The House companion, HB 105, sponsored by Rep. Paul DeMarco, R-Homewood, is assigned to the Senate Job Creation and Economic Development Committee. AFF supports.

 

Energy Solutions Grant, HB 518, sponsored by Rep. Greg Wren, R-Montgomery, passed the Senate Judiciary Committee Wednesday. The bill 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 Senate companion, SB 72, sponsored by Sen. Cam Ward, R-Alabaster, passed the Senate Energy and Natural Resources Committee in February. AFF supports.

 

Alternative Fuels, SB 527, sponsored by Sen. Cam Ward, R-Alabaster, would encourage use of alternative fuels by providing tax incentives, toll road fee exemptions and insurance fee exemptions, among other incentives, for vehicles using alternative fuels. The bill passed the Senate Energy and Natural Resources Committee. The House companion, HB 699, sponsored by Rep. Greg Wren, R-Montgomery, has been called to a public hearing in the House Ways and Means Education Committee Wednesday at 9:00 a.m. in Room 617 of the State House. AFF monitoring.

 

Beef Labeling, SB 478, sponsored by Sen. Gerald Dial, R-Lineville, would require grocery stores, restaurants and other retailers to label beef products containing lean, finely-textured beef. The bill was on the agenda for the Wednesday Senate Health Committee meeting, but was carried over by the sponsor, effectively killing the legislation for this session. The House companion, HB 612, is sponsored by Rep. Jim McClendon, R-Springville. AFF opposes.

 

E-911 Statewide Board, HB 89, sponsored by Rep. Mike Millican, R-Hamilton, passed the Senate and now goes back to the House for approval of amendments. The legislation would create a statewide E-911 Board to replace the current Commercial Mobile Radio Service Board and would establish one statewide emergency telephone service charge. AFF monitoring.

 

Environmental Regulations, SB 477, sponsored by Sen. Gerald Dial, R-Lineville, would prohibit the state and its political subdivisions from implementing environmental and developmental policies infringing or restricting private property rights. The bill passed the Senate unanimously. The House companion, HB 618, sponsored by Rep. Steve McMillan, R-Bay Minette, passed the House Commerce and Small Business Committee last week. AFF supports.

 

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

 
YouTube Banner