SB 112

Sponsor
Session
Regular Session 2018
Title
Conservation and Natural Resources, game breeder's licenses, issuance, further provided for, penalties, criminal penalties applicable only for intentional violations, Secs. 9-11-30, 9-11-31.1 am'd.
Description

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.

Subjects
Game Breeders
View Original PDF: SB 112 - Introduced - PDF

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.

Section 1

Sections 9-11-30 and 9-11-31.1 of the Code of Alabama 1975, are amended to read as follows:

§9-11-30.

(a) For the purposes of this section, Section 9-11-31, and Section 9-11-31.1, the term "protected game animals and game birds" means any species of bird or animal designated by the Commissioner of Conservation and Natural Resources by regulation pursuant to Section 9-2-7, species of the family Cervidae documented by the department to exist in the wild in this state prior to May 1, 2006, which are whitetail deer, elk, and fallow deer, or species of nonindigenous animals lawfully brought into this state prior to May 1, 2006, and their offspring.

(b)(1) The Pursuant to the requirements and restrictions of subdivisions (2) and (3), the Commissioner of Conservation and Natural Resources may shall issue an annual game breeder's license to any properly accredited person, firm, corporation, or association authorizing a game breeder to engage in the business of raising protected game birds, game animals, or fur-bearing animals, for propagating purposes in this state.

(2) Before a license is issued, the Commissioner of Conservation and Natural Resources shall make or cause to be made a thorough investigation and therefrom determine the qualifications, responsibility, and equipment of the applicant for entering upon the business of breeding, raising, and handling of game birds and game or fur-bearing animals.

(3) No license shall be issued or renewed for any person, firm, corporation, or association or any principal officer or partner in a firm, corporation, or association which is convicted of violating subsection (c) of Section 9-2-13 after May 1, 2006, or for the premises of any person, firm, corporation, or association whose license privileges are revoked after May 1, 2006.

(4) A game breeder's license shall expire on September 30 of the year in which issued, unless renewed, except that any license issued pursuant to this section between May 1, 2006, and September 30, 2006, shall expire on September 30, 2006.

(5) The commissioner shall promulgate rules for engaging in the business of breeding, raising, producing, and handling of protected game birds and game animals or fur-bearing animals or their eggs, embryos, or semen.

(c)(1) The fees for issuance of licenses pursuant to this section shall be two hundred fifty dollars ($250) for all species, except members of the family Cervidae.

(2) The license fee for breeding members of the family Cervidae shall be two hundred fifty dollars ($250) for the first 50 animals, five hundred dollars ($500) for 51 to 100 animals, and one thousand dollars ($1,000) for any number of animals in excess of 100.

(3) License fees under this section shall be based on the number of animals on hand as of the immediately preceding April 1 of each year.

§9-11-31.1.

(a) Any person, firm, corporation, or association who intentionally violates Section 9-11-30 or 9-11-31, or any rules promulgated pursuant to Section 9-11-30 or 9-11-31, including, but not limited to, willfully failing to obtain a license or falsifying records, shall be guilty of a misdemeanor and, upon conviction, shall be fined no less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for each offense and in addition, may have all game breeder's license privileges revoked for a period of up to two years from the date of conviction.

(b) Any second offense within five years shall be punishable, upon conviction, by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) for each offense and shall have all game breeder's license privileges revoked for a period of up to two years from the date of conviction.

(c) Any third or subsequent offenses within five years shall be punishable, upon conviction, by a fine of not less than two thousand dollars ($2,000) for each offense and shall have all game breeder's license privileges revoked permanently and all stock be disposed of as directed by the Commissioner of Conservation and Natural Resources, and, in addition, the principal officers or partners of the firm, corporation, or association shall not be eligible for licensing pursuant to Section 9-11-30 or eligible to serve as an officer of any firm, corporation, or association licensed pursuant to Section 9-11-30."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
February 27, 2018SAssigned Act No. 2018-162.
February 27, 2018SEnrolled
February 27, 2018HSignature Requested
February 27, 2018SPassed Second House
February 22, 2018HAinsworth intended to vote Abstain
February 22, 2018HMotion to Read a Third Time and Pass adopted Roll Call 460
February 22, 2018HThird Reading Passed
February 1, 2018HRead for the second time and placed on the calendar
January 25, 2018HRead for the first time and referred to the House of Representatives committee on Agriculture and Forestry
January 25, 2018SEngrossed
January 23, 2018SMotion to Read a Third Time and Pass adopted Roll Call 53
January 23, 2018SSanford motion to Adopt adopted Roll Call 52
January 23, 2018SSanford Amendment Offered
January 23, 2018SThird Reading Passed
January 16, 2018SRead for the second time and placed on the calendar
January 9, 2018SRead for the first time and referred to the Senate committee on Governmental Affairs
2018-02-22
Chamber: House
Result: Passed
2018-01-23
Chamber: Senate
Result: Passed
2018-01-23
Chamber: Senate
Result: Passed