SB 199

This bill would authorize the Alabama Forestry Commission to adopt rules concerning state forests and other lands it controls and would provide penalties for violations

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 the Alabama Forestry Commission; to add Section 9-13-10.2 to the Code of Alabama 1975; to authorize the commission to adopt rules concerning state forests and other land it controls; to provide penalties; 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

Section 9-13-10.2 is added to the Code of Alabama 1975, to read as follows: §9-13-10.2. (a)(1) The State Forestry Commission may adopt, alter, amend, or repeal rules governing the preservation, protection, and use of state forests and any other lands owned, leased, or otherwise controlled by the commission. (2) Any person who violates a rule adopted pursuant to this act shall be guilty of a Class C misdemeanor and shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense, and may be required to pay all costs of the proceedings. (3) When collected, all fines shall be paid to the Office of the State Forester to be delivered to the State Treasurer and placed in the Alabama Forestry Commission Fund. (b) The State Forester and any employee of the State Forestry Commission so designated by the State Forester shall have and is vested with the authority to defer charges and issue a citation against a person for violating a rule adopted pursuant to this act or for the violation of any other provision of this article.

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 immediately following its passage and approval by the Governor, or its otherwise becoming law.