HB552 Alabama 2011 Session

Summary

Primary Sponsor

Chad Fincher

Republican

Session

Regular Session 2011

Title

Honeybees, regulated by Agriculture and Industries Department, bringing hives across state lines without certification by department, fine increased, destruction of hives under certain conditions, Sec. 2-14-4 am'd.

Description

Under existing law, honeybees may not be shipped or moved into this state unless the honeybees are accompanied by a certificate of inspection from the Department of Agriculture and Industries. Compliance agreements have been authorized to allow honeybee colonies to be brought into the state for pollination purposes. Existing law provides a fine or imprisonment in the county jail for any violation of the chapter regulating honeybees.

This bill would provide a specific fine for each hive of honeybees brought into the state without a certificate of inspection from the department. The bill would further require the department to notify the owner of the hives to remove the hives and would provide for the department to destroy the hives if the hives are not removed within seven days. This bill would also specify that honeybees brought into this state pursuant to a compliance agreement would not be subject to these provisions of law.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 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 amendment. 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 amendment.

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Subjects

Agriculture and Industries Department