SB112 Alabama 2018 Session

Existing law provides for a game breeder's license that authorizes the license holder to engage in the business of raising certain protected game animals native to the state and provides for a nonindigenous game breeder option to the game breeder license that authorizes the license holder to breed certain non-native animals.

Existing law also provides criminal penalties for violating the game breeder's licensing requirements.

This bill would further provide for the issuance of a game breeder's license and would alter the criminal penalties to apply only to persons who intentionally violate the game breeder's licensing requirements, such as through willfully failing to file for a license or falsifying records.

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 Sections 9-11-30 and 9-11-31.1 of the Code of Alabama 1975, relating to game breeder's licenses; to further provide for the issuance of a license; to apply criminal penalties only to those who intentionally violate the licensing requirements; and in connection therewith to 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.