Alabama House Bill HB242

Alabama 2023 Regular Session

• Introduced: 4/4/23
• Refer: 4/4/23
• Report Pass: 4/12/23

Caption

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.