SB323INTRODUCED
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SB323
I35MEZZ-1
By Senators Sessions, Williams, Melson, Kelley, Gudger,
Chesteen, Stutts, Price, Butler, Givhan
RFD: Agriculture, Conservation, and Forestry
First Read: 10-Apr-25
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6 I35MEZZ-1 04/01/2025 ZAK (L)ma 2025-1487
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First Read: 10-Apr-25
SYNOPSIS:
Under existing law, the Commissioner of
Conservation and Natural Resources is authorized to
issue a game breeder license to certain persons to
engage in the business of raising protected game
animals and game birds, including certain cervids.
This bill would prohibit state agencies from
killing, testing, and prohibiting the transfer of these
deer due to disease except under certain circumstances.
This bill would establish that deer possessed by
a licensee are the personal property of that licensee.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to game breeder licensees; to amend Section
9-11-30, Code of Alabama 1975, to prohibit state agencies from
killing, testing, and prohibiting the transfer of cervids due
to disease, subject to exceptions; to provide that cervids
possessed by a licensee are the personal property of that
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possessed by a licensee are the personal property of that
licensee; and to make nonsubstantive, technical revisions to
update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 9-11-30, Code of Alabama 1975, is
amended to read as follows:
"ยง9-11-30
(a) For the purposes of this section, Section 9-11-31,
and Section 9-11-31.1, the term "protected game animals and
game birds" means any following terms have the following
meanings:
(1) CERVID. Any member of the family Cervidae possessed
by or under the care of a licensed game breeder pursuant to
this section, Section 9-11-31, and Section 9-11-31.1.
(2) PROTECTED GAME ANIMALS AND GAME BIRDS. Any species
of bird or animal designated by the Commissioner of
Conservation and Natural Resources by regulation rule pursuant
to Section 9-2-7, species of the family Cervidae documented by
the department to exist in the wild in this state prior to May
1, 2006, which are whitetail deer, elk, and fallow deer, or
species of nonindigenous animals lawfully brought into this
state prior to May 1, 2006, and their offspring.
(b)(1) Pursuant to the requirements and restrictions of
subdivisions (2) and (3), the Commissioner of Conservation and
Natural Resources shall issue an annual game breeder's breeder
license to any properly accredited person , firm, corporation,
or association authorizing a game breeder to engage in the
business of raising protected game birds, game animals, or
fur-bearing animals, for propagating propagation purposes in
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fur-bearing animals, for propagating propagation purposes in
this state.
(2) Before a license is issued, the Commissioner of
Conservation and Natural Resources shall make or cause to be
made a thorough investigation and to determine the
qualifications, responsibility, and equipment of the applicant
for entering upon the business of breeding, raising, and
handling of game birds and game or fur-bearing animals.
(3) No license shall be issued or renewed for any
person, firm, corporation, or association or any principal
officer or partner in a firm, corporation, or association
which thereof that is convicted of violating subsection (c) of
Section 9-2-13(c) after May 1, 2006, or for the premises of
any person, firm, corporation, or association whose license
privileges are revoked after May 1, 2006.
(4) A game breeder's breeder license shall expire on
September 30 of the year in which issued, unless renewed,
except that any license issued pursuant to this section
between May 1, 2006, and September 30, 2006, shall expire on
September 30, 2006.
(5) The commissioner shall promulgate adopt rules for
engaging in the business of breeding, raising, producing, and
handling of protected game birds and game animals or
fur-bearing animals or their eggs, embryos, or semen.
(c)(1) The fees for issuance of licenses pursuant to
this section shall be two hundred fifty dollars ($250) for all
species, except members of the family Cervidae.
(2) The license fee for breeding members of the family
Cervidae shall be two hundred fifty dollars ($250) for the
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Cervidae shall be two hundred fifty dollars ($250) for the
first 50 animals, five hundred dollars ($500) for 51 to 100
animals, and one thousand dollars ($1,000) for any number of
animals in excess of more than 100 animals.
(3) License fees under this section shall be based on
the number of animals on hand as of the immediately preceding
April 1 of each year.
(d) The department and any other agency of this state
may not do any of the following unless: (i) the specific
disease has been detected in another cervid possessed by or
under the care of the licensee; or (ii) the cervid has been
transferred to the licensee from another licensee and is
epidemiologically linked to a diseased cervid possessed by or
under the care of the transferring licensee:
(1) Require the killing of a cervid due to a disease.
(2) Require the antemortem disease testing of a cervid.
(3) Prohibit or restrict the transfer of a cervid from
the premises of a licensee to another person due to disease.
(e) All cervids possessed by or under the care of a
licensee on October 1, 2025, and their offspring, are the
personal property of the licensee and are not the property of
this state."
Section 2. This act shall become effective immediately.
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