HB152 Alabama 2016 Session

Under existing law, nighttime hunting of protected birds and animals is generally prohibited unless otherwise specially provided by law

Nighttime hunting of raccoons and opossums may be authorized pursuant to rule of the Department of Conservation and Natural Resources

This bill would prohibit nighttime hunting of protected birds and animals unless authorized by rule of the Department of Conservation and Natural Resources. The bill would also clarify the definition of nighttime hours and delete references to nighttime hunting of raccoons and opossums

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 9-11-235, Code of Alabama 1975, to prohibit the nighttime hunting of protected birds and animals unless authorized by rule of the Department of Conservation and Natural Resources; to further define nighttime hours; 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.