Sponsor(s):
HB126: Representatives Davis, Robinson (J), Hubbard (J), Sanderford, Canfield, McClendon, Ison, Buttram, McCutcheon, Merrill, Greer, Mask, Barton, Wren, Collins, Nordgren, Moore B), Beckman, Baker, Wallace, Brown, Shiver, Johnson (W),Faust, Jackson, Warren, Coleman, Johnson (R) and Millican

SB140: Senators Beason, Waggoner, Allen, Brewbaker, Brooks and Marsh

Summary/Synopsis: Forever Wild Reauthorization. Under existing law, payments into the Forever Wild Land Trust carried out pursuant to Amendment 543 of the Constitution of Alabama of 1901, now appearing as Section 219.07 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, will expire at the end of the 2011-2012 fiscal year, unless extended by the Legislature. Under Section 13 of Amendment 543, the Legislature has been granted authority to extend payments into the Forever Wild Land Trust by legislative act. Pursuant to that authority, this bill would extend the Forever Wild Land Trust payments in its present form for 20 years for the purpose of continuing the Forever Wild land 22 acquisition program.

LWVAL Action and Justification: LWVAL supports HB126 / SB140. This bill meets the Natural Resources Position that states: “LWV of Alabama supports measures to promote an environment beneficial to life through the protection of natural resources in the public interest. In agreement with the position of the LWVUS, the LWVAL believes that natural resources should be managed as interrelated parts of healthy ecosystems. Resources should be conserved and protected to assure their future availability.” An Action Alert for HB126 / SB140 was issued by the LWVAL on 2/22/11. Please contact your Representative and your state Senator to urge their support for this legislation. Please see the Action Alert here for further information. Please take immediate action. A Public Hearing is scheduled for 3/9/11.
Public hearing on SB140 by Senate Committee on Energy and Natural Resources, Thurs., 3/31/11, Room 807 (Joint Briefing Room). Senate Energy and Natural Resources Committee contact information is available here.
UPDATE 4/12/11: Another Action Alert for HB126 issued 4/12/11. AL House vote on Forever Wild reauthorization funding scheduled Thurs, 4/14/11. Please voice your support ASAP! Read the Action Alert!
UPDATE: HB126 ACTION ALERT CANCELED! See HB369 which has passed both houses.

Bill Progress in Legislature:
HB126 - 3/1/2011: 1st Reading; Committee assignment: A Public Hearing is scheduled for HB126 in State House Room 123, Wed., 3/9/11 at 1:30 PM.
3/9: 2nd read and placed on calendar; pending 3rd read and favorable from EDT.
UPDATE 4/12/11: Another Action Alert for HB126 issued by LWVAL on 4/12/11. AL House vote on Forever Wild reauthorization funding scheduled Thurs, 4/14/11. Please voice your support ASAP! Read the Action Alert!
UPDATE: HB126 ACTION ALERT CANCELED! See HB369 which has passed both houses.
04/14/2011: 3rd reading passed;
Wood Amendment ((129491-1) offered – Motion to adopt Adopted;
Greer Amendment (129519-1) offered – Motion to Adopt adopted;
P. Williams Amendment (129520-1) offered – Motion to Adopt adopted.
Weaver Amendment (129514-1) offered; Davis motion to Table adopted;
K Johnson Amendment (129499-1) offered – Davis motion to Table adopted;
Lindsey Amendment (129514-1) offered – Motion to Adopt adopted;
Long Amendment (129516-1) offered – Davis motion to Table adopted
Motion to Read a Third Time and Pass adopted (69-2-0); Engrossed
04/19/2011: 1st Read in Senate and referred to Senate Committee on 4/21/2011: 2nd Reading and placed on calendar; pending 3rd reading and favorable from E&NR
5/4/2011: Beason Amendment (131085-1) offered; Beason amendment to Beason Amendment (131110-1) offered and adopted; Beason Amendment as amended adopted; Dial Amendment (129509-2) offered – No information on its status; Whatley Amendment (130168-1) offered and Lost on Roll Call Vote; Unfinished Business; Further Consideration.


Note: The amendments that passed 4/14/2011 contain the following: Wood Amendment requests the Forever Wild Trust Board (FWTB) have minutes of their meeting that would be made available on line to the public within 5 business days; Greer Amendment urges the FWTB “to place low priority on the purchase of land leases;” P. Williams Amendment urges FWTB to adopt a long range plan; Lindsey Amendment urges the FWTB to limit purchases of land when >10% of the acreage is cropland or pastureland. As of 4/16/2011 the content of the tabled amendments were not on ALISON.

The 5/4/2011 Beason amendment as amended: makes the provisions of the act severable; reauthorizes the Trust for 20 years “or until lands acquired and held by the Forever Wild Land Trust reach a total of 500,000 acres, whichever comes first,” and requires the Trust Board to establish long-range goals. The Dial amendment establishes and sets up the membership and duties of the Forever Wild Program Temporary Joint Legislative Committee to be appointed 2 years before the 2011 reauthorization expires. The committee would review the operations and effectiveness of the program to determine whether it should continue.

SEE SB369 WHICH PASSED THE SENATE 5/5/2011.

SB140 - 3/3/2011: 1st Reading; Committee assignment: Public hearing on SB140 by Senate Committee on Energy and Natural Resources, Thurs., 3/31/11, Room 807 (Joint Briefing Room). Senate Energy and Natural Resources Committee contact information is available here.
3/31/2011: 2nd read and placed on calendar: pending 3rd read.

Sponsor(s):
HJR89 - Representatives Hill, Tuggle, Lindsey, Henry and McCampbell

SJR42 - Senator Sanford

Summary/Synopsis: Creating the Forever Wild Program Temporary Joint Legislative Committee. The resolution creates a temporary committee to “study and review the operation and effectiveness of the Forever Wild Land and Water Acquisition and Stewardship Program and the advisability of continuing the program established pursuant to Amendment 543 of the Constitution of Alabama of 1901.” Membership would consist of six House members appointed by the Speaker, two each from the Northern, Central, and Southern Districts, as defined in Amendment 543, and six Senate members appointed by the President Pro Tempore apportioned by district in the same manner. The committee shall report its findings and recommendations to the Legislature periodically during the 2011 Regular Session and submit a final report not later than May 3, 2011, whereupon the committee would stand dissolved.
LWVAL Action and Justification: LWVAL opposes HJR89 / SJR42. The resolution is part of an effort to block reenactment of Forever Wild authorization by “study suffocation.” In fact, the program has been examined for over 18 years, using annual open meetings and annual reports to the Governor. Efforts last year to directly divert Forever Wild's funding to other projects were unpopular, hence the “study” approach.

Bill Progress in Legislature:
HJR89 - 3/9/2011 1st Reading and referred to
SJR42 - 3/10/2011: 1st Reading and referred to

Sponsor: Senator Brewbaker

Summary/Synopsis: Constitutional Amendment

This bill proposes an amendment to Amendment 543 of the Constitution of Alabama of 1901, now appearing as Section 219.07 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to provide that in any year that the General Fund is in proration, the investment income of the Forever Wild Trust Fund would be deposited into the General Fund and would provide for the termination of Alabama Forever Wild Trust on October 1, 2032, unless the amendment is reratified at the 2030 General Election.
League Action and Justification: LWVAL supports SB369 Substitute131324-3. The LWVAL position on Natural Resources “supports measures to promote an environment beneficial to life through the protection of natural resources in the public interest. In agreement with the position of the LWVUS, the LWVAL believes that natural resources should be managed as interrelated parts of healthy ecosystems.”

In a recent report the Trust’s leadership noted: “During its first 17 years, Forever Wild purchased about 205,408 acres in 22 counties. The acquisitions support additions to six state parks, 13 wildlife management areas, and one long-distance hiking trail, while also creating 16 new nature preserves and recreation areas.”

LWVAL opposed the original SB369 bill. It would allow the state to give up protecting natural resources without considering the long-range effects. Cultivation of sensitive areas will not promote a healthy ecosystem and can have negative impacts on tourism, a major revenue source for the state. Negative impacts to sensitive areas would not be easily correctible, if the loss could be recouped at all.
[Also see the NOTE on an amendment that would further raid trust fund monies.]

LWVAL supports SB369 Substitute131324-3. It proposes a constitutional amendment to reauthorize the Forever Wild Land Trust for a 20-year period from fiscal year 2012-2013 to fiscal year 2031-2032.

SB369 ACTION ALERT 5/23/11
Please voice support for SB 369 now in the State House to reauthorize the Forever Wild Land Trust for the next 20 years! Read the Action Alert and please act immediately! UPDATE: SB369 ACTION ALERT CANCELED! HB369 has passed both houses.

Bill Progress in Legislature:
4/7/2011: 1st Reading and referred to 4/27/2011: 2nd Reading and placed on calendar with 1 Amendment from FTGF (130413-3); pending 3rd Reading and favorable from FTGF with 1 Amendment

5/5/2011¨3rd Reading passed; Engrossed; FTGF Amendment (130413-3 offered; Brewbaker motion to Table adopted by Voice Vote;
Beason first Substitute (131324-3) offered; Motion to Adopt adopted; Motion to Read a 3rd time and Pass Substitute adopted (34-0-0)
5/5/2011: 1st Reading in House and referred to 5/25/2011: 2nd Reading and placed on the calendar
6/2/2011: 3rd Reading passed; Motion to Read a 3rd Time and Pass adopted
Passed second house. Enrolled.
Assigned Act No. 2011-315.
Signature requested; delivered to Sec. of State at 11:23 p.m.

NOTE: The 4/27/2011 amendment would require the Trust to distribute trust income in order to reimburse county governments for loss of ad valorem property tax. The first distribution from the trust income allocated to Forever Wild would be to the Alabama Department of Revenue which would calculate the tax and distribute it the counties.

The 5/5/2011 Substitute passed in the Senate (and as also passed by the House on 6/2/11) authorizes a vote at the November General Election in 2012 on a proposed constitutional amendment to reauthorize the Forever Wild Land Trust for a 20-year period from fiscal year 2012-2013 to fiscal year 2031-2032.