AL
Alabama House Bill HB313

Alabama 2024 Regular Session

Alabama House Bill HB313 Compare Versions

Only one version of the bill is available at this time.
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33 HB313
44 KLNCAU5-1
55 By Representative Easterbrook
66 RFD: Agriculture and Forestry
77 First Read: 07-Mar-24
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1212 5 KLNCAU5-1 03/07/2024 ZAK (L)cr 2024-1072
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1414 First Read: 07-Mar-24
1515 SYNOPSIS:
1616 Under existing law, the Department of
1717 Conservation and Natural Resources is responsible for
1818 regulating hunting.
1919 This bill would further provide for the season
2020 during which dogs may be used to hunt deer in certain
2121 counties in this state.
2222 This bill would provide penalties for violations
2323 relating to hunting deer with dogs.
2424 This bill would require the Commissioner of the
2525 Department of Conservation and Natural Resources to
2626 provide a semiannual report detailing all citations and
2727 warnings issued by game wardens to the Legislature,
2828 advisory board of the department, and public.
2929 This bill would also make nonsubstantive,
3030 technical revisions to update the existing code
3131 language to current style
3232 Section 111.05 of the Constitution of Alabama of
3333 2022, prohibits a general law whose purpose or effect
3434 would be to require a new or increased expenditure of
3535 local funds from becoming effective with regard to a
3636 local governmental entity without enactment by a 2/3
3737 vote unless: it comes within one of a number of
3838 specified exceptions; it is approved by the affected
3939 entity; or the Legislature appropriates funds, or
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6969 entity; or the Legislature appropriates funds, or
7070 provides a local source of revenue, to the entity for
7171 the purpose.
7272 The purpose or effect of this bill would be to
7373 require a new or increased expenditure of local funds
7474 within the meaning of the section. However, the bill
7575 does not require approval of a local governmental
7676 entity or enactment by a 2/3 vote to become effective
7777 because it comes within one of the specified exceptions
7878 contained in the section.
7979 A BILL
8080 TO BE ENTITLED
8181 AN ACT
8282 Relating to deer hunting; to further provide for the
8383 hunting of deer using dogs in certain counties; to provide
8484 penalties for violations; to amend Section 9-2-14, Code of
8585 Alabama 1975, to require the Commissioner of the Department of
8686 Conservation and Natural Resources to provide a semiannual
8787 report detailing the citations and warnings issued by game
8888 wardens; and to make nonsubstantive, technical revisions to
8989 update the existing code language to current style; and in
9090 connection therewith would have as its purpose or effect the
9191 requirement of a new or increased expenditure of local funds
9292 within the meaning of Section 111.05 of the Constitution of
9393 Alabama of 2022.
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123123 Alabama of 2022.
124124 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
125125 Section 1. (a) All dogs used for taking or attempting
126126 to take, trailing, pursuing, or disturbing deer or blood
127127 tracking must wear a collar or tag legibly displaying the name
128128 and phone number of the owner of the dog.
129129 (b)(1) No individual shall remove, tamper, or otherwise
130130 interfere with any collar or tag, including a remote tracking
131131 and behavior correction device, of a dog used for hunting
132132 without the owner's permission.
133133 (2) A violation of subsection (b) shall be punishable
134134 by a fine of one thousand dollar ($1,000) to be collected by
135135 the Department of Conservation and Natural Resources.
136136 Section 2. Game wardens employed by the Department of
137137 Conservation and Natural Resources shall investigate any
138138 reported incident of a dog being intentionally killed or
139139 injured while engaged in hunting activities to determine if
140140 the crime of cruelty to animals has been committed as provided
141141 in Section 13A-11-14, Code of Alabama 1975.
142142 Section 3. (a) This section shall only apply to a
143143 county, or portion thereof, in which hunting deer with dogs
144144 was prohibited prior to the 2022-2023 deer hunting season
145145 based on an action taken by the Advisory Board of Conservation
146146 and Natural Resources or through a limitation of season dates
147147 by the Commissioner of Conservation and Natural Resources.
148148 (b) Commencing on July 1, 2025, hunting deer using dogs
149149 shall be allowed in those counties, or portions thereof, as
150150 provided in subsection (a). The 2025-2026 deer hunting season
151151 shall have a minimum of 21 days on which hunting deer with
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181181 shall have a minimum of 21 days on which hunting deer with
182182 dogs is allowed. The 2026-2027 deer hunting season shall have
183183 a minimum of 30 days on which hunting deer with dogs is
184184 allowed. The 2027-2028 deer hunting season, and every deer
185185 hunting season thereafter, shall have a minimum of 45 days on
186186 which hunting deer with dogs is allowed.
187187 Section 4. (a) No hunter using dogs to hunt deer may
188188 knowingly or negligently cast the dogs onto any property, nor
189189 allow the dogs to trail or pursue game onto any property,
190190 without the prior written consent of the landowner or being
191191 accompanied by the landowner or person in possession or
192192 control of the land.
193193 (b) A first violation of this section shall result in a
194194 one hundred dollar ($100) fine. A second violation within the
195195 same deer hunting season shall result in a two hundred fifty
196196 dollar ($250) fine. A third or subsequent violation within the
197197 same deer hunting season shall result in a five hundred dollar
198198 ($500) fine.
199199 Section 5. (a) A hunter using dogs to hunt deer shall
200200 equip each dog with an electronic tracking and correction
201201 collar. The collar shall be in use any time a dog is on the
202202 ground and participating in a hunt. The collar shall not be
203203 required to be worn when a dog is kenneled or in a transport
204204 dog box.
205205 (b) A first violation of this section shall result in a
206206 warning. A second violation within the same deer hunting
207207 season shall result in a two hundred fifty dollar ($250) fine.
208208 A third or subsequent violation within the same deer hunting
209209 season shall result in a five hundred dollar ($500) fine.
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239239 season shall result in a five hundred dollar ($500) fine.
240240 Section 6. Section 9-2-14, Code of Alabama 1975, is
241241 amended to read as follows:
242242 "ยง9-2-14
243243 (a) There shall be an Advisory Board of Conservation
244244 and Natural Resources. The board shall consist of the
245245 Governor, the Commissioner of Agriculture and Industries, the
246246 Director of the Agricultural Extension System ex officio, and
247247 10 other members to be appointed by the Governor, one of whom
248248 the Governor shall designate as chair Chair of the Advisory
249249 Board of Conservation and Natural Resources. The appointed
250250 members of the board shall be selected with special reference
251251 to training and experience along one or more of the principal
252252 lines of activity vested in the Department of Conservation and
253253 Natural Resources. The Governor shall coordinate his or her
254254 appointments to assure the board's membership is inclusive and
255255 reflects the racial, gender, geographic, urban, rural, and
256256 economic diversity of this state. The term of office of each
257257 appointed member of the board shall be six years. Of members
258258 first appointed, however, two members shall be appointed for
259259 two years, three members shall be appointed for four years,
260260 two members shall be appointed for five years , and three
261261 members shall be appointed for six years. The members of the
262262 board shall receive no salary or compensation as members of
263263 the board, but shall be reimbursed for expenses of travel,
264264 meals, and lodging while in the performance of their duties as
265265 members of the board, pursuant to Article 2 of Chapter 7 of
266266 Title 36.
267267 (b) After July 1, 1998, the members of the advisory
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297297 (b) After July 1, 1998, the members of the advisory
298298 board appointed by the Governor shall be appointed so that one
299299 member of the board is a resident of each congressional
300300 district as the districts are constituted on January 1, 1998,
301301 and no more than two members are residents of the same
302302 congressional district. If a member appointed from a
303303 congressional district ceases to be a resident of the district
304304 from which appointed, the member shall vacate his or her
305305 office. This subsection shall not affect the term or
306306 reappointment of any current member of the board.
307307 (c)(1) The board shall hold semiannual regular meetings
308308 at the time and place designated by the chair of the board or
309309 the Commissioner of Conservation and Natural Resources. The
310310 chair of the board or the Commissioner of Conservation and
311311 Natural Resources commissioner may call special meetings as
312312 may be necessary.
313313 (2) Prior to each semiannual meeting of the board, the
314314 commissioner shall provide a report detailing all citations
315315 and warnings issued by game wardens for violations of fish and
316316 game laws and rules within this state during the period of
317317 time following the previous semiannual meeting. The report
318318 shall be structured in a manner that provides the law or rule
319319 violated for each citation or warning and the county in which
320320 the violation occurred. The report shall also be provided to
321321 the Chair of the House of Representatives State Agriculture
322322 and Forestry Committee, the Chair of the Senate Agriculture,
323323 Conservation, and Forestry Committee, and be made public
324324 record when it is provided to the board.
325325 (d) The Commissioner of Conservation and Natural
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355355 (d) The Commissioner of Conservation and Natural
356356 Resources shall be ex officio secretary of the board and shall
357357 keep minutes of all meetings and a record of all proceedings
358358 of the board. The commissioner shall receive no additional
359359 compensation for the services.
360360 (e) On a transitional basis, one additional
361361 transitional member of the Advisory Board of Conservation and
362362 Natural Resources board shall be appointed by the Governor
363363 from each congressional district as constituted on January 1,
364364 1998, which is not currently represented on the board. A
365365 transitional member shall serve a term of six years or until a
366366 permanent member of the advisory board is appointed to
367367 represent the congressional district where the transitional
368368 member resides. A transitional member may be appointed a
369369 permanent member to a full term of office. Transitional
370370 members of the board shall have the same powers, rights, and
371371 duties, and shall be reimbursed for expenses in the same
372372 manner as other members of the advisory board during their
373373 service on the board.
374374 (f) Notwithstanding any other law to the contrary, any
375375 action taken by the commissioner or the board that results in
376376 the closure or diminishment of the ability of a private
377377 landowner to hunt deer with dogs or to allow the hunting of
378378 deer with dogs on his or her owned land shall be subject to
379379 the Alabama Administrative Procedure Act, Chapter 22 of Title
380380 41. This includes the establishment of dates for a season
381381 during which deer may be hunted using dogs.
382382 (g) The department shall adopt rules to implement this
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413413 section."
414414 Section 7. Although this bill would have as its purpose
415415 or effect the requirement of a new or increased expenditure of
416416 local funds, the bill is excluded from further requirements
417417 and application under Section 111.05 of the Constitution of
418418 Alabama of 2022, because the bill defines a new crime or
419419 amends the definition of an existing crime.
420420 Section 8. This act shall become effective on October
421421 1, 2024.
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