A bill providing liability protection for agritourism operators still awaits a vote by the Senate. HB 459, sponsored by Rep. Donnie Chesteen, R-Geneva, would protect farmers from frivolous lawsuits brought by agritourism activity participants. The Senate companion, SB 306, is sponsored by Sen. Gerald Allen, R-Tuscaloosa. 

"With Wednesday being the final legislative day, we have one last chance for passing this agritourism liability bill," said Brian Hardin, assistant director of Governmental and Agricultural Programs for the Alabama Farmers Federation. "Communication between Federation membership and senators will be key to the success of this legislation. We urge members to speak with their senators about the benefits of this bill."

Alabama Farmers Federation members are encouraged to contact their senators, requesting that HB 459 be included on the Wednesday special order calendar. To e-mail or send a letter to your legislator, visit the Legislative Action Center and click the Take Action button. To find your senator's phone number, go to the Alabama State Senate webpage and click on your senator's name.

In the last full week of the 2012 regular session, legislators have worked late into the night to send legislation to the governor's office.

A number of agriculture-related bills have made it through the process, with the trespassing bill being the first signed into law by Gov. Robert Bentley. SB 342, sponsored by Sen. Phil Williams, R-Rainbow City, protects landowners from certain liabilities related to trespassers. The law's intent is to reject adoption of the Third Restatement of Torts, a compilation of United States common law, which could have lessened protection for landowners. Rep. Jack Williams, R-Birmingham, sponsored the House companion, HB 380.

The Farm-to-School Procurement Act, HB 670, sponsored by Rep. Elaine Beech, D-Chatom, was presented to the Senate by Sen. Bill Holtzclaw, R-Madison and passed unanimously on May 10. The bill, which is now in the governor's office, will make it easier for local school boards to purchase Alabama-grown foods.

On May 8, the Senate unanimously passed HB 328, sponsored by Rep. Chad Fincher, R-Semmes, and the legislation awaits the governor's signature. The bill provides up to $10,000 in tax credits to farmers who invest in reservoirs and/or irrigation equipment. The Senate companion, SB 153, is sponsored by Sen. Arthur Orr, R-Decatur.

A set of bills brought forward by the Alabama Department of Agriculture and Industries also made it to the governor's desk. HB 542, sponsored by Rep. Steve Clouse, R-Ozark, and HB 601, by Fincher, passed the Senate May 8. HB 542 would repeal a bond requirement for Alabama weighmasters, and HB 601 would increase pesticide registration fees. HB 543 and HB 544, sponsored by Clouse, were sent to the governor May 9, after receiving approval from conference committees. HB 543 would increase the department's share of the petroleum fees it collects, and HB 544 would impose a seed inspection fee with funds collected going toward the Alabama State Seed Lab. Last year, delegates of the Alabama Farmers Federation adopted a policy in support of updating the seed lab with funds generated from a new seed tonnage fee.

Finally, a bill increasing penalties for metal theft and requiring metal recyclers to collect additional information from sellers passed the Senate in a 23-5 vote May 8. HB 278, sponsored by Rep. Bill Poole, R-Northport, was approved by a conference committee and sent to the governor's office. Sen. Ben Brooks, R-Mobile, is sponsor of the Senate companion, SB 35.

For legislation received during the last five days of the legislative session, the governor is given 10 days after the end of the session to sign bills into law. Anything not signed during that time period fails to become law through a "pocket veto."

On Thursday, the House approved a version of the Education Trust Fund (ETF) budget, and the Senate approved its General Fund (GF) budget. As both were amended in their second houses, the budgets must receive approval from a conference committee on Wednesday before getting to the governor's desk.

The Senate GF proposal provides $350,520 to offset farmer fees for the Concentrated Animal Feeding Operations (CAFO), while the House proposal provides $104,520. Both amounts are lower than funds requested. However, the Alabama Farmers Federation understands the challenges facing the Legislature and appreciates all efforts to reach the level budgeted by the Senate.

Under the Senate plan, the Agricultural Water Enhancement Program (AWEP) would receive $90,674. The House GF budget did not include funding for AWEP.

In both plans, the Career Tech initiative would receive $2.3 million from the ETF budget. Career Tech Operations and Maintenance would receive $5 million.

The Senate ETF proposal also includes $95,000 for Auburn University's National Poultry Technology Center, while the House proposal would provide $250,000 to the center, an amount supported by the Federation.

The Senate and House versions would give $441,000 to the University of Alabama's Rural Medical Scholars program.

Drivers traveling in Alabama must forego texting while behind the wheel or face possible penalties. On Tuesday, Gov. Robert Bentley signed into law a measure prohibiting texting and driving.

Sponsored by Rep. Jim McClendon, R-Springville, and Sen. Jabo Waggoner, R-Vestavia Hills, the legislation makes it a primary offense to write or read a text message or email with a cellphone while driving. Penalties include fines of $25 on the first offense, $50 on the second, $75 on each subsequent offense and a 2-point violation per offense on a person's driving record.

Drivers may still use cell phones when making phone calls, as a GPS device, in emergency situations or when parked on the shoulder of a road.

The law will take effect on August 1, 2012.

Alfa supports legislation aimed at decreasing the threat of distracted driving and creating a safer environment for all motorists. Alfa has worked to discourage distracted driving through its DRV NOW TXT L8R public relations campaign. Winning entries from last year's high school video contest, sponsored by Alfa, may be viewed at www.AlfaDriveSmart.com.

Four bills addressing the insurance industry have moved to the governor's desk after passing the House unanimously on Tuesday.

Sponsored by Sen. Slade Blackwell, R-Mountain Brook, SB 164 modernizes Alabama's insurance investment law by allowing insurance companies greater flexibility with investments. Rep. Mike Hill, R-Columbiana, sponsored the House companion, HB 189.

"We appreciate Senator Blackwell and Representative Hill for their leadership in updating Alabama's insurance investment law," said Alfa President Jerry Newby. "This legislation will help level the playing field for Alabama insurance companies. By bringing Alabama's investment law in line with those in other states, this bill will help attract and retain insurance corporations that create jobs, generate tax revenue and strengthen our economy."

Known as the Clarity Act, SB 210, sponsored by Sen. Trip Pittman, R-Montrose, requires insurance companies to provide the Alabama Department of Insurance with additional information regarding claims and policies.

SB 230, sponsored by Sen. Ben Brooks, R-Mobile, would provide insurance premium tax credits to insurance companies writing policies in coastal areas. Rep. Randy Davis, R-Daphne, sponsored HB 723, the House companion.

SB 227, also sponsored by Brooks, would allow homeowners to make tax-deductible deposits into catastrophe savings accounts to cover uninsured losses. The bill was confirmed by a conference committee before moving to the governor. The House companion, HB 721, is sponsored by Rep. Chad Fincher, R-Semmes.

The package of insurance bills has broad-based support from lawmakers, regulators, insurance companies and homeowners groups, which all worked together in developing the legislation.

Two more insurance bills, sponsored by Rep. Steve McMillan, R-Bay Minette, may also become law. HB 323 passed the Senate on Thursday and was sent to the governor. The bill would define insurance fraud, establish penalties for the crime and create an Insurance Fraud Unit, funded by insurance companies, as part of the state Department of Insurance. HB 166, known as the Homeowners Bill of Rights Act, awaits final passage in the Senate. The legislation would require insurance companies to provide customers with a coverage checklist every year.

HB 405, sponsored by Rep. Mike Ball, R-Huntsville, awaits a Senate vote and 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.

Rural Bridges and Roads, SB 339, sponsored by Sen. Paul Bussman, R-Cullman, will not pass this session as the bill was carried over in the House Transportation, Utilities and Infrastructure Committee. The legislation would have provided funding from the Alabama Highway Authority for repairs and construction of rural roads and bridges, while requiring a 5-percent match from counties for the projects. AFF supports.

Timber Theft, HB 318, sponsored by Rep. Charles Newton, D-Greenville, passed the Senate Thursday and has been sent to the governor. The bill would make it illegal to remove timber or forest products by deception. The Senate companion, SB 284, is sponsored by Sen. Clay Scofield, R-Red Hill. AFF supports.

County Connection

Members of the Lee County Women's Leadership Committee visited the Alabama State House Tuesday. Pictured from left are Brenda Reese, Ann Whatley, Sen. Tom Whatley, R-Auburn, Jamie Lazenby, Lynda Adair, Jackie Henderson-Long and Carolyn McConnell.

 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