HB248INTRODUCED
Page 0
ME5BHW-1
By Representatives Lipscomb, Kiel, Shaw, Butler, Robertson,
Underwood, Rigsby, Rehm, Sorrells, Marques, Woods, Stringer,
Hurst, Oliver, Wood (D), DuBose, Cole, Reynolds, Pringle,
Brown, Shedd, Lee, Whitt, Bolton, Easterbrook, Kirkland,
Ensler, Travis, Hollis, Givens, Holk-Jones, Shirey, Lamb,
Gidley, Lovvorn, Paramore, Hill, Standridge, Crawford,
Harbison, Estes, Kitchens, Colvin, Faulkner, Rafferty, Lomax,
Ellis, Smith
RFD: Ports, Waterways & Intermodal Transit
First Read: 04-Apr-23
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SYNOPSIS:
Under existing law, the Commissioner of the
Department of Conservation and Natural Resources may
introduce desirable species of game fish into the
waters of the state.
This bill would prohibit a person from
introducing or placing any fish into the waters of the
state without a permit issued by the Commissioner of
the Department of Conservation and Natural Resources,
and would provide exceptions.
This bill would require the commissioner to
issue a permit to release black bass into the Coosa
River under certain circumstances.
This bill would provide penalties for
violations.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
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The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to natural resources; to prohibit a person
from introducing or placing fish into the waters of the state
without a permit issued by the Commissioner of the Department
of Conservation and Natural Resources; to provide exceptions;
to require the commissioner to issue a permit for the
introduction of black bass into the Coosa River in certain
circumstances; to provide for penalties; and in connection
therewith would have as its purpose or effect the requirement
of a new or increased expenditure of local funds within the
meaning of Section 111.05 of the Constitution of Alabama of
2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) No person shall introduce or place, or
attempt to introduce or place, any fish into the waters of the
state without a permit issued by the Commissioner of the
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Department of Conservation and Natural Resources.
(b) Subsection (a) does not apply to wholly private
waters that have no connection to public waters of the state.
A person violates subsection (a) when fish the person has
placed into private waters escape into public waters of the
state and the person does not possess a permit.
(c) A permit shall be issued by the Commissioner of the
Department of Conservation and Natural Resources to a
municipality or private entity associated with fishing or
conservation allowing the introduction and placement of black
bass into the Coosa River if all of the following are
satisfied:
(1) The municipality or private entity obtains the
black bass from a fish hatchery located in this state that is
approved by the department.
(2) The only black bass being introduced or placed into
the Coosa River are the Northern Largemouth Bass (Micropterus
salmoides) subspecies, the Florida Bass (Micropterus salmoides
floridanus) subspecies, or a first generation offspring of
these two subspecies.
(3) The municipality or private entity bears all costs
associated with the purchase, transport, and introduction of
black bass.
(d) The Department of Conservation and Natural
Resources shall adopt rules as necessary to implement this
section.
(e) Any person who violates this section shall be
guilty of a misdemeanor and upon conviction shall be punished
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by a fine of not less than two hundred fifty dollars ($250)
nor more than five hundred dollars ($500) for each offense.
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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