SB177 Alabama 2016 Session

Under existing law, it is unlawful to hunt, trap, capture, kill, or destroy any wild game on the lands of another without the written permission of the landowner or person in possession or control of the land, and a violator is guilty of a misdemeanor and is subject to suspension of his or her hunting permit

This bill would repeal the provisions and enact new prohibitions with revised penalties, including increased fines and periods of suspension of hunting privileges

This bill would also allow a court to order a person convicted of hunting or killing wild game on the land of another without permission to pay restitution for the value of the loss or damage to wildlife resources and would provide for the forfeiture of hunting gear and firearms used to commit the violation

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

Relating to game and fish; to revise the penalties for hunting or killing wild game on the land of another without permission; to provide for the restitution of the value of the loss or damage to wildlife resources; to provide criminal penalties; to provide for the forfeiture of hunting gear and firearms used to commit a violation; to repeal Sections 9-11-241, 9-11-242, and 9-11-243, Code of Alabama 1975, relating to hunting on the land of another without permission; 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.