Alabama 2025 Regular Session

Alabama House Bill HB509 Compare Versions

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55 By Representatives Sorrells, Kiel, Marques, Paramore, Smith,
66 Lipscomb, Hurst, Clouse, Brown, Rehm, Whitt, Easterbrook,
77 Fincher, Bolton, Blackshear, Lee, Oliver, Hammett, Brinyark,
88 Stringer, Lamb, Colvin, Kirkland, Hulsey, Standridge, Reynolds
99 RFD: Agriculture and Forestry
1010 First Read: 03-Apr-25
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19-9 HB509 Engrossed
19+9 FKP1JCD-1 03/31/2025 ZAK (L)ma 2025-848
2020 Page 1
2121 First Read: 03-Apr-25
22+SYNOPSIS:
23+Under existing law, the Commissioner of
24+Conservation and Natural Resources is authorized to
25+issue a game breeder license to certain persons to
26+engage in the business of raising protected game
27+animals and game birds, including certain cervids.
28+This bill would prohibit state agencies from
29+killing, testing, and prohibiting the transfer of these
30+deer due to disease except under certain circumstances.
31+This bill would establish that deer possessed by
32+a licensee are the personal property of that licensee.
33+This bill would also make nonsubstantive,
34+technical revisions to update the existing code
35+language to current style.
2236 A BILL
2337 TO BE ENTITLED
2438 AN ACT
2539 Relating to game breeder licensees; to amend Section
2640 9-11-30, Code of Alabama 1975, to prohibit state agencies from
2741 killing, testing, and prohibiting the transfer of cervids due
2842 to disease, subject to exceptions; to provide that cervids
2943 possessed by a licensee are the personal property of that
30-licensee; and to make nonsubstantive, technical revisions to
31-update the existing code language to current style.
32-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
33-Section 1. Section 9-11-30, Code of Alabama 1975, is
34-amended to read as follows:
35-"§9-11-30
36-(a) For the purposes of this section, Section 9-11-31,
37-and Section 9-11-31.1, the term "protected game animals and
38-game birds" means any following terms have the following
39-meanings:
40-(1) CERVID. Any member of the family Cervidae possessed
41-by or under the care of a licensed game breeder pursuant to
42-this section, Section 9-11-31, and Section 9-11-31.1.
43-(2) PROTECTED GAME ANIMALS AND GAME BIRDS. Any species
44-of bird or animal designated by the Commissioner of
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73+possessed by a licensee are the personal property of that
74+licensee; and to make nonsubstantive, technical revisions to
75+update the existing code language to current style.
76+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
77+Section 1. Section 9-11-30, Code of Alabama 1975, is
78+amended to read as follows:
79+"§9-11-30
80+(a) For the purposes of this section, Section 9-11-31,
81+and Section 9-11-31.1, the term "protected game animals and
82+game birds" means any following terms have the following
83+meanings:
84+(1) CERVID. Any member of the family Cervidae possessed
85+by or under the care of a licensed game breeder pursuant to
86+this section, Section 9-11-31, and Section 9-11-31.1.
87+(2) PROTECTED GAME ANIMALS AND GAME BIRDS. Any species
7488 of bird or animal designated by the Commissioner of
7589 Conservation and Natural Resources by regulation rule pursuant
7690 to Section 9-2-7, species of the family Cervidae documented by
7791 the department to exist in the wild in this state prior to May
7892 1, 2006, which are whitetail deer, elk, and fallow deer, or
7993 species of nonindigenous animals lawfully brought into this
8094 state prior to May 1, 2006, and their offspring.
8195 (b)(1) Pursuant to the requirements and restrictions of
8296 subdivisions (2) and (3), the Commissioner of Conservation and
8397 Natural Resources shall issue an annual game breeder's breeder
8498 license to any properly accredited person , firm, corporation,
8599 or association authorizing a game breeder to engage in the
86100 business of raising protected game birds, game animals, or
87101 fur-bearing animals, for propagating propagation purposes in
88-this state.
89-(2) Before a license is issued, the Commissioner of
90-Conservation and Natural Resources shall make or cause to be
91-made a thorough investigation and to determine the
92-qualifications, responsibility, and equipment of the applicant
93-for entering upon the business of breeding, raising, and
94-handling of game birds and game or fur-bearing animals.
95-(3) No license shall be issued or renewed for any
96-person, firm, corporation, or association or any principal
97-officer or partner in a firm, corporation, or association
98-which thereof that is convicted of violating subsection (c) of
99-Section 9-2-13(c) after May 1, 2006, or for the premises of
100-any person, firm, corporation, or association whose license
101-privileges are revoked after May 1, 2006.
102-(4) A game breeder's breeder license shall expire on
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131+fur-bearing animals, for propagating propagation purposes in
132+this state.
133+(2) Before a license is issued, the Commissioner of
134+Conservation and Natural Resources shall make or cause to be
135+made a thorough investigation and to determine the
136+qualifications, responsibility, and equipment of the applicant
137+for entering upon the business of breeding, raising, and
138+handling of game birds and game or fur-bearing animals.
139+(3) No license shall be issued or renewed for any
140+person, firm, corporation, or association or any principal
141+officer or partner in a firm, corporation, or association
142+which thereof that is convicted of violating subsection (c) of
143+Section 9-2-13(c) after May 1, 2006, or for the premises of
144+any person, firm, corporation, or association whose license
145+privileges are revoked after May 1, 2006.
132146 (4) A game breeder's breeder license shall expire on
133147 September 30 of the year in which issued, unless renewed,
134148 except that any license issued pursuant to this section
135149 between May 1, 2006, and September 30, 2006, shall expire on
136150 September 30, 2006.
137151 (5) The commissioner shall promulgate adopt rules for
138152 engaging in the business of breeding, raising, producing, and
139153 handling of protected game birds and game animals or
140154 fur-bearing animals or their eggs, embryos, or semen.
141155 (c)(1) The fees for issuance of licenses pursuant to
142156 this section shall be two hundred fifty dollars ($250) for all
143157 species, except members of the family Cervidae.
144158 (2) The license fee for breeding members of the family
145159 Cervidae shall be two hundred fifty dollars ($250) for the
146-first 50 animals, five hundred dollars ($500) for 51 to 100
147-animals, and one thousand dollars ($1,000) for any number of
148-animals in excess of more than 100 animals.
149-(3) License fees under this section shall be based on
150-the number of animals on hand as of the immediately preceding
151-April 1 of each year.
152-(d) The department and any other agency of this state
153-may not do any of the following unless: (i) the specific
154-disease has been detected in another cervid possessed by or
155-under the care of the licensee; or (ii) the cervid has been
156-transferred to the licensee from another licensee and is
157-epidemiologically linked to a diseased cervid possessed by or
158-under the care of the transferring licensee:
159-(1) Require the killing of a cervid due to a disease.
160-(2) Require the antemortem disease testing of a cervid.
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189+Cervidae shall be two hundred fifty dollars ($250) for the
190+first 50 animals, five hundred dollars ($500) for 51 to 100
191+animals, and one thousand dollars ($1,000) for any number of
192+animals in excess of more than 100 animals.
193+(3) License fees under this section shall be based on
194+the number of animals on hand as of the immediately preceding
195+April 1 of each year.
196+(d) The department and any other agency of this state
197+may not do any of the following unless: (i) the specific
198+disease has been detected in another cervid possessed by or
199+under the care of the licensee; or (ii) the cervid has been
200+transferred to the licensee from another licensee and is
201+epidemiologically linked to a diseased cervid possessed by or
202+under the care of the transferring licensee:
203+(1) Require the killing of a cervid due to a disease.
190204 (2) Require the antemortem disease testing of a cervid.
191205 (3) Prohibit or restrict the transfer of a cervid from
192-the premises of a licensee to another person due to a disease
193-if any of the following are satisfied:
194-a. The cervid has tested negative for the disease
195-pursuant to an antemortem test approved by the State
196-Veterinarian prior to transferring.
197-b. The cervid has a genomically estimated breeding
198-value that meets or surpasses the minimum value established by
199-the State Veterinarian, which shall include the SS allele
200-being at codon 96.
201-c. The premises from which the cervid is transferred is
202-double fenced.
206+the premises of a licensee to another person due to disease.
203207 (e) All cervids possessed by or under the care of a
204208 licensee on October 1, 2025, and their offspring, are the
205209 personal property of the licensee and are not the property of
206210 this state."
207211 Section 2. This act shall become effective immediately.
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226-Section 2. This act shall become effective immediately.
227-House of Representatives
228-Read for the first time and referred
229-to the House of Representatives
230-committee on Agriculture and
231-Forestry
232-................03-Apr-25
233-Read for the second time and placed
234-on the calendar:
235- 0 amendments
236-................09-Apr-25
237-Read for the third time and passed
238-as amended
239-Yeas 84
240-Nays 8
241-Abstains 9
242-................15-Apr-25
243-John Treadwell
244-Clerk
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