Relating to livestock; to amend Section 3-5-2, Code of Alabama 1975, to provide that no municipal governing body may adopt or continue in effect any ordinance, rule, resolution, or directive that prohibits a person from permitting their livestock or animals to run at large on the premises of another or public land which does not require the same mens rea as state law; and to make nonsubstantive, technical revisions to update the existing code language to current style.
Impact
The implications of HB242 are significant, particularly for how local jurisdictions can regulate livestock behavior. By centralizing the standards for liability and enforcement under state law, the bill aims to create uniformity across Alabama. This could potentially reduce the number of conflicting local regulations, thus simplifying compliance for livestock owners. However, it raises concerns about the ability of local governments to respond to specific community issues related to animal control and public safety.
Summary
House Bill 242 aims to amend Section 3-5-2 of the Code of Alabama 1975 regarding livestock and animals running at large. The bill clarifies that no municipal governing body can adopt or maintain ordinances, rules, resolutions, or directives that prohibit a person from allowing their livestock or animals to run at large on public lands or the premises of another, unless such regulations require the same mental state (mens rea) as specified by state law. This reinforces state law's supremacy over local ordinances on this matter.
Contention
While the bill may promote a standardized approach, it is likely to encounter opposition from local advocates who believe that communities should retain the power to implement stricter regulations tailored to local needs. The absence of a consistent mens rea requirement in municipal laws could lead to debates about enforcement and accountability, especially in cases where livestock cause property damage or public hazards. Overall, the contention revolves around the balance between state regulation and local governance.
Relating to self-defense, to amend Section 13A-3-23, Code of Alabama 1975, to provide a person's use of physical force in defending himself, herself, or another person is presumed reasonable; to further provide for the immunity received by a person whose use of physical force on another person is justified self-defense; to shift the burden of proving a person's use of physical force is not justified to the state; and to make nonsubstantive, technical revisions to update the existing code language to current style
Crimes and offenses, provided that the use of any premises to distribute material that is harmful to minors is a public nuisance and further provided for the definition of "sexual conduct"
Business taxes, requires annual reports from counties and municipalities, provides for causes of action, and revises the jurisdiction of the Alabama Tax Tribunal
Alabama Business and Nonprofit Entity Code revised; makes technical changes and corrects references, and codifies practices relating to electronic filing and name reservations
Alabama Business and Nonprofit Entity Code revised; makes technical changes and corrects references, and codifies practices relating to electronic filing and name reservations
Relating to civil liability; to amend Section 6-5-332, Code of Alabama 1975, to limit the liability of members of any community emergency response team who perform emergency care at the scene of an accident or disaster.