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 enactment of SB147 is expected to limit local governments' authority to impose stricter regulations regarding livestock. Every municipality in Alabama will have to adhere to the state standards set forth by this bill, influencing how local animal control laws are structured. By standardizing these regulations, the bill seeks to avoid confusion and potential legal challenges that might arise from differing local codes. Furthermore, the bill's mandate against 'open range' counties indicates a unified state stance on livestock management, reinforcing a legal framework that prioritizes state regulation over municipal discretion.
Summary
SB147 proposes amendments to Section 3-5-2 of the Code of Alabama 1975 regarding the regulation of livestock and their ability to run at large on public lands or other private premises. The bill stipulates that no municipal governing body may enact or retain ordinances, rules, or resolutions that conflict with this provision. Specifically, local regulations that prohibit such practices without establishing the same mental state (mens rea) as the state law are rendered invalid. This is aimed at creating a consistent regulatory framework for livestock management across the state, thus preventing a patchwork of local laws.
Sentiment
The sentiment around SB147 seems largely supportive based on its passage in the legislature, with a vote tally of 101 in favor and none against it during the third reading in the House. Proponents argue that the bill safeguards livestock owners' rights and ensures uniformity in the handling of livestock-related issues, streamlining processes for farmers and livestock owners. However, there may be undercurrents of concern from municipalities accustomed to setting their own rules, fearing they may lose vital local regulatory power.
Contention
Debate surrounding SB147 could ignite discussions about local autonomy versus state control. While the bill emphasizes consistency in livestock regulations, critics may argue that local authorities understand their constituents' needs better and should retain the ability to govern specific situations related to animal control. Notable points of contention could arise regarding the implications of diminished local power and how that affects the livestock community differently in varied regions across Alabama.
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.