SB367 Alabama 2012 Session

Under existing law, the Department of Conservation and Natural Resources issues commercial fish dealer licenses for the wholesale or retail sale of freshwater nongame fish.

This bill would provide for a special license for a commercial paddlefish dealer who buys or sells paddlefish (spoonbill) roe, flesh, or parts. The bill would provide penalties for the commercial sale of paddlefish without a license.

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.

To amend Section 9-11-153 of the Code of Alabama 1975, relating to wholesale and retail freshwater nongame fish dealers' licenses; to provide for a commercial paddlefish dealer's license and to provide penalties for commercial activity without a license; 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 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.