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Senate committee passes home rule bill
The Senate's Constitution, Campaign Finance, Ethics and Elections Committee passed SB206, a home rule bill, on a voice vote Tuesday. The bill now heads to the full Senate for consideration. Sponsored by Sen. Tommy Ed Roberts D-Hartselle, the bill would allow county and city governments, at the request of the local board of education, the authority to call a referendum to raise property taxes for the purpose of education in that jurisdiction. Currently, such a referendum must be approved statewide before a local vote can be taken. SB206 also calls for one public hearing if a referendum is being considered. The Federation asked to amend that portion of the bill to require three public hearings, however the amendment was not included. The bill also states that if voters reject the proposed referendum, then it can be brought up again in one year. The Federation had asked that the bill be amended to stipulate that referendums, if defeated, could only be reconsidered during primary or general elections so as not to burden taxpayers with the cost of a special election. Special referendums can be held providing the school board pays for the balloting. If this amendment passes statewide, but a particular county votes against it, then that county commission still has the authority to call for another vote within a year, but only once every four years during a general election. Such a vote would give the county the authority to hold a tax referendum. The Federation opposes SB206. “If county voters reject this constitutional amendment, then the county must go through a three-step process which now exists before property tax can be raised,” said Freddie Patterson, director of Governmental Affairs for the Federation. “Because voters have already defeated the tax increase proposal, our organization opposes the portion of the bill that gives commissioners authority to call for a subsequent referendum .” Another bill addressing home rule, SB207, was carried over by the Senate Constitution, Campaign Finance, Ethics and Elections Committee. The bill, sponsored by Sen. Jack Biddle, R-Gardendale, received objections from Sen. George Callahan, R-Mobile, and Sen. Jimmy Holley, D-Elba. SB207 would give all counties limited home rule. In recent days, the Association of County Commissioners agreed with the Farmers Federation to reinforce the bill's prohibitions against allowing counties to zone land or raise taxes without legislative permission. Under SB207, the constitutional amendment would be put to a statewide vote. If the measure passed, it would only go into effect in counties where a majority of voters agreed. If a county's voters defeated the plan initially, a commission could put it back on the ballot in the future without legislative permission. The bill would allow counties to provide certain types of services, including: police and fire protection; garbage collection and nuisance abatement; public hospitals, ambulance service and animal control; parks and recreation programs; water and sewer systems; public housing, libraries, museums and arts programs; parking garages and public docks; public transportation, public streets and roads construction and maintenance; building, housing, plumbing and electrical codes; economic development, industrial recruitment and tourism promotion. The amendment would not allow counties to zone land, raise taxes, create new criminal penalties, regulate businesses already watched over by other state entities, change gambling rules, regulate courts or public schools or cities. The Federation opposes SB207.
Governor introduces plan to cut premium tax incentives
When Gov. Don Siegelman introduced his revised General Fund Budget this week, it included a proposed 3 percent cost-of-living raise for public school teachers and government employees, but key lawmakers questioned if the state could afford it.
Siegelman said he plans to fund the increase, which would cost the state’s general fund an estimated $13.5 million annually, by ending tax credits earned by insurance companies who invest in the state. The governor commonly refers to such incentives as “loopholes.” “It is not a loophole, and if the tax credit is removed it will cost our policyholders,” said Federation Executive Director Mike Kilgore. “I’m disappointed that the governor has done this.” The tax incentives, similar to those that the governor endorses to entice new business and industries to locate here, were designed to encourage jobs and investment in Alabama, Kilgore said. The tax credits Alfa receives are far less than other incentives given to companies that have come into Alabama with fewer employees, he said. “Alabama’s premium tax rate is the second highest in the country, only behind Hawaii,” Kilgore said. “Alabama’s premium tax, even with the credits, contributes more money to the state’s general fund than any other tax source.” Any bill that would raise or lower revenue, must originate in the House Ways & Means Committee. As of Thursday, no such bill had been introduced.
Family Farm Preservation Act introduced in House
Rep. W.F. “Frank” McDaniel, D-Albertville, introduced the Family Farm Preservation Act, HB402, in the House of Representatives this week where it was assigned to the House Agriculture Committee. Senate Majority Leader Tom Butler, D-Madison, has introduced the bill, SB79, in the Senate again this year where it has been assigned to the Senate Rules Committee where it is awaiting assignment. The Family Farm Preservation Act is aimed at keeping farm operations that abide by current rules and regulations from being declared a public nuisance. The bill also stipulates than any person or group that sues a farmer abiding by current rules and regulations for public nuisance and loses, must pay the farmer’s attorney’s fees and expenses associated with the case.
Insurance Legislation
Alfa supports a bill that has been introduced in the legislature which generally bars some teenagers from driving between midnight and 6 a.m. except under special circumstances. The bill also states that no more than four occupants would be allowed in the car unless a parent was present. The House Judiciary Committee approved the legislation, HB22 , and the bill is awaiting action in the full House.
SB78 is sponsored Sen. Jim Preuitt, D-Talladega, and is assigned to the Senate Judiciary Committee. Serious questions have been raised about some drivers, namely teenagers who have part-time jobs that require them to drive during hours restricted by the bill.
House and Senate committees approve ag bills
Sheep and Goat Checkoff Bills - (HB228 & HB229 and SB253 & SB254) also were passed by the House Agriculture Committee last week and this week by the Senate Agriculture Committee. Both bills are awaiting action by the full House and Senate. HB228 and SB253 will allow sheep and goat producers in Alabama to hold a referendum that will enable them to collect funds at the point of sale to promote the production, marketing, use and sale of sheep and goats and their products.
The companion bills, HB229 and SB254, will allow the Alabama Farmers Federation Sheep and Goat Committee to be the certified association to conduct and administer the referendum and associated programs. Both the companion bills passed out of committee and await action in the full House and Senate. The amount of the assessment would be 50-cents per sheep or goat and would be deducted from all sales. The bills are sponsored by Rep. Terry Spicer, D-Elba, and Sen. Hinton Mitchem, D-Albertville. Prohibition of Certain Animal Imports Bill (HB225 & SB235) - was passed by the House Agriculture Committee last week and is awaiting action in the Senate Conservation, Environment and Natural Resources Committee. It increases fines from $50-$250 up to $1,000-$5,000 for violations of the commissioner’s regulations of Conservation and Natural Resources prohibition on importation of certain animals, birds, reptiles, amphibians and fish which are not in the best interest of the state.
Sponsored by Rep. Joe Carothers, D-Dothan, it will provide protection for farmers from the spread of animal diseases such as the recent hoof and mouth disease outbreak in other countries. It is sponsored by Sen. Jack Biddle, R-Gardendale, in the Senate where it is assigned to the Conservation, Environment and Natural Resources Committee. Catfish Labeling Bill (HB220 & SB268) - was passed by the House Agriculture Committee Jan. 16. It will require truthful labeling of fish products sold in Alabama. It is sponsored by Rep. Allen Layson, D-Reform, and Sen. Charles Steele, D-Tuscaloosa. It is aimed at protecting consumers from purchasing fish mislabeled as farm-raised catfish. The bill would require catfish sold in Alabama to be labeled “farm-raised catfish,” “river or lake catfish,” “imported catfish,” or “ocean catfish.”
The bill is awaiting action in the Senate Conservation, Environment and Natural Resources Committee. The Ag Terrorism Bills HB306 & SB271 were passed out of the House Agriculture Committee and the Senate Health Committee this week. It will revise the Alabama Animal Research and Production Facilities Act to include crop and crop facility protection. It is sponsored by Rep. Thomas Jackson, D-Thomasville, and provides protection to farmers as well as private and public research investments. The bill requires that if a person is convicted of a violation of this act, the person or group must make full restitution. An amendment in the House version states that restitution will be double the amount of damages. Sen. George Clay, D-Tuskegee, is sponsoring the bill in the Senate.
Cotton Checkoff Bill (HB65) - was approved by the House Agriculture Committee last week and is expected to be voted on by the full House on Jan. 29. The bill is sponsored by Rep. Richard Lindsey, D-Centre, and will allow changes to be made in the assessment rate (checkoff funds) paid by Alabama cotton producers. The new amount will be restricted to not exceed $1 per bale. Under existing law, the assessment is limited to 3/10 of 1 percent of the bale value, which is based on the average market price for cotton. The new assessment rate could be determined annually by the Alabama Cotton Commission.
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