HB313INTRODUCED
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HB313
KLNCAU5-1
By Representative Easterbrook
RFD: Agriculture and Forestry
First Read: 07-Mar-24
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5 KLNCAU5-1 03/07/2024 ZAK (L)cr 2024-1072
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First Read: 07-Mar-24
SYNOPSIS:
Under existing law, the Department of
Conservation and Natural Resources is responsible for
regulating hunting.
This bill would further provide for the season
during which dogs may be used to hunt deer in certain
counties in this state.
This bill would provide penalties for violations
relating to hunting deer with dogs.
This bill would require the Commissioner of the
Department of Conservation and Natural Resources to
provide a semiannual report detailing all citations and
warnings issued by game wardens to the Legislature,
advisory board of the department, and public.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style
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
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entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the section. 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 section.
A BILL
TO BE ENTITLED
AN ACT
Relating to deer hunting; to further provide for the
hunting of deer using dogs in certain counties; to provide
penalties for violations; to amend Section 9-2-14, Code of
Alabama 1975, to require the Commissioner of the Department of
Conservation and Natural Resources to provide a semiannual
report detailing the citations and warnings issued by game
wardens; and to make nonsubstantive, technical revisions to
update the existing code language to current style; 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.
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Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) All dogs used for taking or attempting
to take, trailing, pursuing, or disturbing deer or blood
tracking must wear a collar or tag legibly displaying the name
and phone number of the owner of the dog.
(b)(1) No individual shall remove, tamper, or otherwise
interfere with any collar or tag, including a remote tracking
and behavior correction device, of a dog used for hunting
without the owner's permission.
(2) A violation of subsection (b) shall be punishable
by a fine of one thousand dollar ($1,000) to be collected by
the Department of Conservation and Natural Resources.
Section 2. Game wardens employed by the Department of
Conservation and Natural Resources shall investigate any
reported incident of a dog being intentionally killed or
injured while engaged in hunting activities to determine if
the crime of cruelty to animals has been committed as provided
in Section 13A-11-14, Code of Alabama 1975.
Section 3. (a) This section shall only apply to a
county, or portion thereof, in which hunting deer with dogs
was prohibited prior to the 2022-2023 deer hunting season
based on an action taken by the Advisory Board of Conservation
and Natural Resources or through a limitation of season dates
by the Commissioner of Conservation and Natural Resources.
(b) Commencing on July 1, 2025, hunting deer using dogs
shall be allowed in those counties, or portions thereof, as
provided in subsection (a). The 2025-2026 deer hunting season
shall have a minimum of 21 days on which hunting deer with
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shall have a minimum of 21 days on which hunting deer with
dogs is allowed. The 2026-2027 deer hunting season shall have
a minimum of 30 days on which hunting deer with dogs is
allowed. The 2027-2028 deer hunting season, and every deer
hunting season thereafter, shall have a minimum of 45 days on
which hunting deer with dogs is allowed.
Section 4. (a) No hunter using dogs to hunt deer may
knowingly or negligently cast the dogs onto any property, nor
allow the dogs to trail or pursue game onto any property,
without the prior written consent of the landowner or being
accompanied by the landowner or person in possession or
control of the land.
(b) A first violation of this section shall result in a
one hundred dollar ($100) fine. A second violation within the
same deer hunting season shall result in a two hundred fifty
dollar ($250) fine. A third or subsequent violation within the
same deer hunting season shall result in a five hundred dollar
($500) fine.
Section 5. (a) A hunter using dogs to hunt deer shall
equip each dog with an electronic tracking and correction
collar. The collar shall be in use any time a dog is on the
ground and participating in a hunt. The collar shall not be
required to be worn when a dog is kenneled or in a transport
dog box.
(b) A first violation of this section shall result in a
warning. A second violation within the same deer hunting
season shall result in a two hundred fifty dollar ($250) fine.
A third or subsequent violation within the same deer hunting
season shall result in a five hundred dollar ($500) fine.
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season shall result in a five hundred dollar ($500) fine.
Section 6. Section 9-2-14, Code of Alabama 1975, is
amended to read as follows:
"ยง9-2-14
(a) There shall be an Advisory Board of Conservation
and Natural Resources. The board shall consist of the
Governor, the Commissioner of Agriculture and Industries, the
Director of the Agricultural Extension System ex officio, and
10 other members to be appointed by the Governor, one of whom
the Governor shall designate as chair Chair of the Advisory
Board of Conservation and Natural Resources. The appointed
members of the board shall be selected with special reference
to training and experience along one or more of the principal
lines of activity vested in the Department of Conservation and
Natural Resources. The Governor shall coordinate his or her
appointments to assure the board's membership is inclusive and
reflects the racial, gender, geographic, urban, rural, and
economic diversity of this state. The term of office of each
appointed member of the board shall be six years. Of members
first appointed, however, two members shall be appointed for
two years, three members shall be appointed for four years,
two members shall be appointed for five years , and three
members shall be appointed for six years. The members of the
board shall receive no salary or compensation as members of
the board, but shall be reimbursed for expenses of travel,
meals, and lodging while in the performance of their duties as
members of the board, pursuant to Article 2 of Chapter 7 of
Title 36.
(b) After July 1, 1998, the members of the advisory
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(b) After July 1, 1998, the members of the advisory
board appointed by the Governor shall be appointed so that one
member of the board is a resident of each congressional
district as the districts are constituted on January 1, 1998,
and no more than two members are residents of the same
congressional district. If a member appointed from a
congressional district ceases to be a resident of the district
from which appointed, the member shall vacate his or her
office. This subsection shall not affect the term or
reappointment of any current member of the board.
(c)(1) The board shall hold semiannual regular meetings
at the time and place designated by the chair of the board or
the Commissioner of Conservation and Natural Resources. The
chair of the board or the Commissioner of Conservation and
Natural Resources commissioner may call special meetings as
may be necessary.
(2) Prior to each semiannual meeting of the board, the
commissioner shall provide a report detailing all citations
and warnings issued by game wardens for violations of fish and
game laws and rules within this state during the period of
time following the previous semiannual meeting. The report
shall be structured in a manner that provides the law or rule
violated for each citation or warning and the county in which
the violation occurred. The report shall also be provided to
the Chair of the House of Representatives State Agriculture
and Forestry Committee, the Chair of the Senate Agriculture,
Conservation, and Forestry Committee, and be made public
record when it is provided to the board.
(d) The Commissioner of Conservation and Natural
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(d) The Commissioner of Conservation and Natural
Resources shall be ex officio secretary of the board and shall
keep minutes of all meetings and a record of all proceedings
of the board. The commissioner shall receive no additional
compensation for the services.
(e) On a transitional basis, one additional
transitional member of the Advisory Board of Conservation and
Natural Resources board shall be appointed by the Governor
from each congressional district as constituted on January 1,
1998, which is not currently represented on the board. A
transitional member shall serve a term of six years or until a
permanent member of the advisory board is appointed to
represent the congressional district where the transitional
member resides. A transitional member may be appointed a
permanent member to a full term of office. Transitional
members of the board shall have the same powers, rights, and
duties, and shall be reimbursed for expenses in the same
manner as other members of the advisory board during their
service on the board.
(f) Notwithstanding any other law to the contrary, any
action taken by the commissioner or the board that results in
the closure or diminishment of the ability of a private
landowner to hunt deer with dogs or to allow the hunting of
deer with dogs on his or her owned land shall be subject to
the Alabama Administrative Procedure Act, Chapter 22 of Title
41. This includes the establishment of dates for a season
during which deer may be hunted using dogs.
(g) The department shall adopt rules to implement this
section."
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section."
Section 7. 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 8. This act shall become effective on October
1, 2024.
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