SB 238

Under existing law, the Commissioner of the Department of Conservation and Natural Resources is authorized to appoint deputy game and fish wardens

This bill would abolish the position of deputy game and fish warden

Relating to deputy game and fish wardens; to amend Sections 9-2-28, 9-2-64, and 9-11-1, Code of Alabama 1975; to abolish the position of deputy game and fish warden and delete any references to the position; and to repeal Section 9-11-17, Code of Alabama 1975.

Section 1

Sections 9-2-28, 9-2-64, and 9-11-1, Code of Alabama 1975, are amended to read as follows:

§9-2-28.

Whenever the terms "game and fish warden" or "game and fish wardens" appear in this title, but not including deputies, such the terms shall mean and refer to conservation officers appointed by the Commissioner of the Department of Conservation and Natural Resources.

§9-2-64.

The Commissioner of Conservation and Natural Resources shall have power to appoint as many game and fish wardens as he or she shall deem necessary for the proper enforcement of the game and fish laws of the state. All game and fish wardens or deputy wardens shall, before entering upon their duties as such, shall take the oath of office as required by law for sheriffs in this state. Before entering upon the duties of their offices, all game and fish wardens or deputy wardens shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of one thousand dollars ($1,000.00), for the faithful performance of their duties. The employees provided for in this section shall be reimbursed for their meals, lodging, and transportation when absent from their headquarters in the performance of their duties. Where any area of land or water by purchase, lease or otherwise has been duly organized and developed as a hunting or fishing club, upon recommendation from the officers of such club the Commissioner of Conservation and Natural Resources may appoint the superintendent, keeper or other person in charge of the club's grounds and premises, without expense to the state, to the position of deputy game and fish warden.

§9-11-1.

As used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) HEREIN, HEREAFTER and HEREOF. Unless otherwise especially restricted or enlarged, such the terms refer to the whole of the conservation laws of this state.

(3) (2) OFFICER. Such The term includes every person authorized to enforce the provisions of the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of such the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense.

(4) (3) THIS CHAPTER or PROVISIONS OF THIS CHAPTER. Such The words shall be taken and construed to include all rules and regulations of the Commissioner of Conservation and Natural Resources passed under and by the authority provided in the game and fish laws of this state.

(2) (4) WARDEN. The game and fish warden, deputy game warden or agent provided for in the game and fish laws of this state."

Section 2

Section 9-11-17, Code of Alabama 1975, which authorizes the Commissioner of the Department of Conservation and Natural Resources to appoint deputy game and fish wardens, is repealed.

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.