Capitol Connection
2012 Regular Session
Legislative Review
IN THIS ISSUE
Agritourism Liability Moves To Governor
Redistricting, Immigration On Special Session Agenda
General Fund And Education Trust Fund Budgets Pass
Bills Signed Into Law
Bills Awaiting Governor's Signature
Dead Bills
Thank You
 
May 18, 2012
 

Contact Legislator  Archives 1

Agritourism Liability Bill Moves To Governor 

 

In the final hour of the 2012 legislative session, the Senate voted unanimously in favor of a bill providing liability protection for agritourism operators.

 

Top: Sen. Gerald Allen, R-Tuscaloosa, visits with Annie and Mike Dee, owners of Dee River Ranch in Pickens County.
Bottom: Rep. Donnie Chesteen, R-Geneva, speaks with the Federation's David Cole at the Family Farm and Family Business Day On The Hill event in April.

Sponsored by Rep. Donnie Chesteen, R-Geneva, and Sen. Gerald Allen, R-Tuscaloosa, HB 459 would protect farmers from being frivolous lawsuits if an agritourism participant is injured due to an inherent risk of the activity. 

 

"We'd like to thank Rep. Chesteen and Sen. Allen for their hard work this session to pass the agritourism liability bill," said Alabama Farmers Federation President Jerry Newby. "Agritourism is a wonderful education tool. It provides an opportunity for farm visitors to get to see livestock and crops up close, and they really gain a greater perspective on what it takes to provide the nation's food and fiber." 

 

The legislation requires agritourism operators to adequately train employees and post warning notices. If the operator is aware of a dangerous condition at the agritourism site, participants must be made aware of the danger.

 

In a committee meeting earlier in the session, Sen. Allen said the bill was very important for the farming community.

 

"It's a piece of legislation to protect the farmers who open their farms up as retail (operations)," Allen said.

 

Rep. Chesteen said agritourism is a creative way for farmers to earn additional income in a time when agriculture is faced with many challenges.

 

"Agriculture is the traditional backbone of our economy and our state," Chesteen said. "This bill will give landowners more opportunity to open up their properties for visitors to enjoy. One of the biggest obstacles to more farmers starting (agritourism businesses) has been the liability issue."

Special Session Called For Redistricting, Immigration

 

Gov. Robert Bentley called for a special session of the state Legislature, which started less than 10 hours after the end of the regular session. The agenda includes five items: redistricting, constitutional amendments for bonds, disposition of funds, immigration law revisions and appropriation of tobacco settlement funds.

 

The state is required to redraw district lines when new census data becomes available. Click here to view the proposals as approved by committees on Friday. Both plans must pass the Legislature and be signed by the governor.

 

A press release from the governor's office states the immigration agenda will focus on revisions to part of the current law requiring schools to ask about students' immigration statuses and reassessment of part of HB 658, which would require the Department of Homeland Security to publish a list of names of illegal immigrants.

 

The Senate passed HB 658, sponsored by Rep. Micky Hammon, R-Decatur, in a 20-7 vote on Wednesday. The House accepted the changes in a 67-37 vote. However, in debate, Hammon said he was no longer happy with the bill, as the Senate version scaled back a number of changes included in the House proposal.

 

The bill maintains current penalties for businesses and a current provision allowing law enforcement to check immigration status when they have "reasonable suspicion" the person may be in the country illegally. HB 658 would allow use of a military identification card, credit card or voter registration card as proof of citizenship.

 

If the governor does not sign HB 658 and no other changes are made in the special session, the current immigration law will stand without revisions.

 

By Alabama law, a special session is limited to 12 legislative days and must be completed within 30 calendar days.

 

Click here to view Gov. Bentley's proclamation calling for the special session.

General Fund And Education Trust Fund Budgets Pass 

 

The Education Trust Fund (ETF) budget, proposed by a conference committee, received final legislative approval on Wednesday with a unanimous vote in the Senate and a 96-4 vote in the House.

 

The proposal provides almost $2.3 million for the Career Tech initiative with another $5 million for Career Tech Operations and Maintenance. Funding for Auburn University's National Poultry Technology Center is set at $250,000. The University of Alabama's Rural Medical Scholars program would receive $441,000. The proposal would increase funding for rural health programs at Auburn University and the University of Alabama at Huntsville, both set at almost $150,000.

 

Sen. Trip Pittman, R-Montrose, is the Senate Finance and Taxation Education Committee chairman, and Rep. Jay Love, R-Montgomery, is the House Ways and Means Education Committee chairman.

 

The proposed General Fund (GF) budget also received approval on Wednesday with a 77-28 vote in the House and a 29-6 vote in the Senate.

 

The proposal includes more than $350,000 to offset farmer fees for Concentrated Animal Feeding Operations (CAFO). While funding is lower than requested, the Alabama Farmers Federation understands the challenge of drafting a budget and appreciates the amount received.

 

Agricultural Water Enhancement Program (AWEP) will receive $90,000.

 

The Senate Finance and Taxation General Fund Committee is chaired by Sen. Arthur Orr, R-Decatur, and the House Ways and Means General Fund Committee is chaired by Rep. Jim Barton, R-Mobile.

Bills Signed Into Law

 

Irrigation Incentives, HB 328, sponsored by Rep. Chad Fincher, R-Semmes, and Sen. Arthur Orr, R-Decatur, will provide a 20-percent tax incentive, up to $10,000, for farmers investing in irrigation equipment and/or reservoirs. The credit is limited to one purchase per taxpayer.

 

Farm-to-School Procurement Act, HB 670, sponsored by Rep. Elaine Beech, D-Chatom, will allow school systems to buy Alabama-grown food. The state Department of Education will be responsible for training food service directors on the program and on preparing fresh, local foods. The state Department of Agriculture and Industries will be responsible for educating farmers about the program and developing a web directory of farmers.

 

Metal Theft, HB 278, sponsored by Rep. Bill Poole, R-Northport, and Sen. Ben Brooks, R-Mobile, requires metal recyclers to collect additional information from metal sellers, including a digital photograph of the seller. The information must be entered into the Alabama Criminal Justice Information Center (ACJIC) database.

 

Timber Notification, SB 409, sponsored by Sen. Tom Whatley, R-Auburn, and Rep. Mark Tuggle, R-Alexander City, repeals current county timber harvest notification requirements, affecting at least 14 counties, and establishes a voluntary, statewide notice requirement. In counties adopting the ordinance, timber owners must notify the county before using county roads for logging operations. The law also establishes penalties for non-compliance.

 

Trespassing, SB 342, sponsored by Sen. Phil Williams, R-Rainbow City, and Rep. Jack Williams, R-Birmingham, protects property owners from certain liabilities related to trespassers. The law requires property owners to use reasonable care to avoid injuring a trespasser once the trespasser's presence is known and provides protection to child trespassers. It specifically states the purpose of the law is to reject the Third Restatement of Torts, the adoption of which would have lessened protection for property owners.

 

Department of Agriculture and Industries Bills, HB 542, HB 543, and HB 544, sponsored by Rep. Steve Clouse; and HB 601, sponsored by Rep. Chad Fincher, R-Semmes. The bills will repeal an outdated $1,000 bond requirement for weighmasters in Alabama; increase the department's share of the petroleum fees it collects; impose a seed inspection fee on seed distributors with funds going toward the state seed lab; and create additional funds for the department's Pesticide Management Division by increasing pesticide registration fees.

 

Insurance Investments, SB 164, sponsored by Sen. Slade Blackwell, R-Mountain Brook, and Rep. Mike Hill, R-Columbiana, will modernize Alabama's insurance investment law by allowing insurance companies greater flexibility with investments.

 

Clarity Act, SB 210, sponsored by Sen. Trip Pittman, R-Montrose, will require insurance companies to give additional claim and policy information to the Alabama Department of Insurance.

 

Coastal Insurance Tax Credits, SB 230 sponsored by Sen. Ben Brooks, R-Mobile, and Rep. Randy Davis, R-Daphne, will provide premium tax credits to insurance companies writing policies in coastal areas.

 

Catastrophe Savings Accounts, SB 227, sponsored by Sen. Ben Brooks, R-Mobile and Rep. Chad Fincher, R-Semmes, will allow homeowners to make tax-deductible deposits into catastrophe savings accounts to cover uninsured losses.

 

Insurance Fraud, HB 323, sponsored by Rep. Steve McMillan, R-Bay Minette, will create an Insurance Fraud Unit, funded by insurance companies, as part of the state Department of Insurance. The bill also defines the crime of insurance fraud and establishes penalties.

 

E-911 Statewide Board, HB 89, sponsored by Rep. Mike Millican, R-Hamilton, replaces the Commercial Mobile Radio Service Board with a statewide E-911 Board, which will establish one statewide emergency telephone service charge. The law also provides for the distribution of funds to local communication districts. 

 

Telephone Service, HB 196, sponsored by Rep. Mike Hill, R-Columbiana, expands the definition of basic telephone service to encompass other forms of service, including cellular. It removes the requirement for telephone service companies to provide landline service. 

 

Unemployment Compensation Fraud, HB 72, sponsored by Rep. Paul DeMarco, includes the penalty of disqualification of unemployment benefits for unemployment fraud.

Bills Awaiting Governor's Signature  

Timber Theft,
HB 318, sponsored by Rep. Charles Newton, D-Greenville, and Sen. Clay Scofield, R-Red Hill, would make it illegal to remove timber or timber products by deception. 

Landscape Architects, HB 374, by Rep. Mark Tuggle, R-Alexander City, would set the requirements for a new title of "registered landscape architect." The bill also establishes a fee for the state examination and would allow the examination to be given on a computer.

Alabama-Grown Food Incentives, HB 37, by Rep. Joe Hubbard, D-Montgomery, creates the Alabama Purchase of Local Agricultural Products Incentive Program with the Alabama Department of Agriculture and Industries to give incentive payments to restaurants purchasing Alabama agricultural products. Restaurants must submit an application for repayment. 

Homeowners Bill of Rights, HB 166, sponsored by Rep. Steve McMillan, R-Bay Minette, would require insurance companies to provide customers with a coverage checklist every year.

Roofing Contracts, HB 405, sponsored by Rep. Mike Ball, R-Huntsville, would allow homeowners to cancel roofing contracts within 10 days if written notice is received from their insurance company stating all or part of the claim is not a covered loss.

Tax Appeals Commission, SB 549, sponsored by Sen. Ben Brooks, R-Mobile, and Rep. Paul DeMarco, R-Homewood, would bring Alabama law into conformity with the federal Taxpayers' Bill of Rights by replacing the Administrative Law Division of the Department of Revenue with the Alabama Tax Appeals Commission. 

Article-by-Article Amendments (Corporations and Banking), HB 357 and HB 358, sponsored by Rep. Paul DeMarco, R-Homewood, revises the corporation and banking sections of the constitution without the need for a costly convention. Instead of going to the governor's office, constitutional amendments must receive approval from the voters of Alabama. HB 357 and HB 358 will be on the November ballot.
Dead Bills  
Sen. Bussman, R-Cullman, speaks on SB 339 before the House Transportation, Utilities and Infrastructure Committee.

Rural Bridges and Roads,
SB 339, sponsored by Sen. Paul Bussman, R-Cullman, would have funded repairs and construction of rural roads and bridges with bonds from the Alabama Highway Authority. The bill passed the Senate and was debated in the House Transportation, Utilities and Infrastructure Committee. However, the bill was carried over in committee during the last full week of the session, killing the measure. The Alabama Farmers Federation commends Sen. Bussman for his work this session trying to address the issue of rural bridges and roads. While this measure did not pass, the governor has moved forward with the GARVEE bonds program to fund road and bridge construction and repairs.

 

Farm Wine, HB 149 and SB 358, sponsored by Rep. Becky Nordgren, R-Gadsden, and Sen. Tom Whatley, R-Auburn, would have provided for the sale, fee licensing and distribution of table wine by farm wineries. HB 149 was defeated by vote in the House Economic Development and Tourism Committee. SB 358 passed the Senate Job Creation and Economic Development Committee but did not receive a Senate vote.

 

Cottage Food, SB 352, sponsored by Sen. Rusty Glover, R-Semmes, passed the House Health Committee but never received a House vote. The bill would have exempted certain sellers of baked goods from the state food permit requirement and would have required labeling of certain baked goods.

 

Conservation and Natural Resources Department, HB 437, sponsored by Rep. David Sessions, R-Grand Bay, would have added two members to the advisory board of the Alabama Conservation and Natural Resources Department and required the members be commercial fishermen. The bill was assigned to the House Boards, Agencies and Commissions Committee.

 

Deer Season Bills, HB 440 and SB 359, by Rep. Harry Shiver, R-Bay Minette, and Sen. Tom Whatley, R-Auburn, would have extended Alabama's deer hunting season by two weeks. HB 440 was assigned to the House Agriculture and Forestry Committee, and SB 359 did not receive a Senate vote. HB 489, sponsored by Rep. Mike Jones, R-Andalusia, passed the House Agriculture and Forestry Committee but never received a House vote. The bill would have extended primitive weaponry and archery deer hunting by two weeks, while increasing license fees for non-residents. 

 

Supplemental Feeding, SB 346 and HB 419, sponsored by Sen. Tom Whatley, R-Auburn, and Rep. Wes Long, R-Guntersville, would have allowed for deer hunting over supplemental feed on private land when the hunter is more than 100 yards away from the feeder. SB 346 passed the Senate Agriculture, Conservation and Forestry Committee but did not come up in the Senate. HB 419 passed the House Agriculture and Forestry Committee but did not come up in the House.

Top: President Pro Tem Del Marsh, R-Anniston
Bottom: Speaker Mike Hubbard, R-Auburn


Thank You

 

The Alabama Farmers Federation would like to thank our members and the Alabama legislators for a great 2012 legislative session. Under the leadership of Gov. Robert Bentley; Lt. Gov. Kay Ivey; President Pro Tem Del Marsh, R-Anniston; Senate Minority Leader Roger Bedford, D-Russellville; Speaker Mike Hubbard, R-Auburn; and House Minority Leader Craig Ford, D-Gadsden, legislators addressed many important agriculture issues including irrigation incentives, agritourism liability, farm-to-school food procurement, metal theft and timber notification. These items received strong bipartisan support, a testament to our legislators' understanding of the importance of agriculture in Alabama.

 

Important insurance reform bills also received final passage during the session, proving that lawmakers, regulators, insurance companies and homeowners groups can work together for reforms aimed at providing the best insurance possible to policyholders.

 

The Federation especially thanks the membership for contacting legislators and supporting agriculture legislation. The Federation is a grassroots organization with policies developed from the issues and concerns of members. The Federation thanks members for their continued commitment.

 

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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