HB 344

Under existing law, the Department of Conservation and Natural Resources may issue military veterans appreciation freshwater fishing licenses for military veterans who are 20 percent or more disabled for a nominal fee, and may sanction a disabled three-day freshwater fishing license for up to 20 disabled residents or nonresidents and their assistants, per event

This bill would authorize the Department of Conservation and Natural Resources to issue military veterans appreciation saltwater fishing licenses to veterans who are 20 percent or more disabled for a nominal fee, would authorize a check-off option for persons obtaining the saltwater fishing licenses to donate an additional one dollar to the Division of Marine Resources for the purposes of research on fisheries and aquatic habitat, and would authorize the department to issue three-day saltwater fishing event licenses to disabled persons

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 Section 9-11-53.1, Code of Alabama 1975, relating to saltwater fishing licenses; to authorize the Department of Conservation and Natural Resources to issue military veterans appreciation saltwater fishing licenses to certain veterans for a nominal fee; to add Section 9-11-56.5 to the Code of Alabama 1975, to authorize the Department of Conservation and Natural Resources to issue three-day saltwater fishing event licenses to disabled persons; 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 9-11-53.1, Code of Alabama 1975, is amended to read as follows:

§9-11-53.1.

(a)(1) Any person who has been a bona fide resident of this state for a period of not less than 90 days next preceding and who is age 16 or older, but has not yet reached the age of 65, shall not take, catch, kill, possess, or attempt to take, catch, kill, or possess, any fish in any of the waters of this state, (except those waters for which a license is required by Section 9-11-53), below that line defined in Rule 220-2-.42(1) of the Department of Conservation and Natural Resources as published in the Alabama Administrative Code, by angling with rod and reel or by use of any artificial bait, fly, lure, gig, cast net, bow, crab traps that are not required to be licensed by Section 9-12-124, or by spear fishing, as defined by Section 9-11-170, without first procuring an annual resident saltwater fishing license for twenty dollars ($20), plus a one dollar ($1) issuance fee, which fees shall be subject to adjustment as provided for in Section 9-11-69.

(2) A United States military veteran otherwise meeting the requirements of this section who is certified by the United States Veterans Administration as 20 percent or more disabled may purchase an alternative license to the annual resident saltwater fishing license, to be known as the disabled military veterans appreciation saltwater fishing license, for a license fee and issuance fee equivalent to that charged for a disabled military veterans appreciation freshwater fishing license pursuant to Section 9-11-53, subject to the cost adjustments provided for in Section 9-11-69.

(3)a. All persons making application for the license provided for in this section shall present an Alabama driver license, or, in the case of nondrivers, proof of permanent residence.

b. All licenses required by this section shall bear the driver license number of the licensee, except in the case of nondrivers, and all licenses shall bear proof of residence as required by the Commissioner of Conservation and Natural Resources.

c. Notwithstanding the foregoing, a member of the United States military stationed in Alabama on active duty, and his or her spouse and their dependents who reside with them, shall be deemed to be Alabama residents for the purposes of procuring this license.

(4)a. This A saltwater fishing license shall not be required of any person who has been issued and is the holder of any valid lifetime fishing license that is provided for in Section 9-11-65, provided that such license was issued on or before March 31, 1992, or any valid lifetime saltwater fishing license that is provided for in Section 9-11-65.2.

b. This A saltwater fishing license shall not be required of permanent Alabama residents under 16 years of age or age 65 years or over, provided, however, that residents age ears or older shall be required to have in their actual possession, while fishing, an Alabama driver license, or in the case of nondrivers, proof of permanent Alabama residence and age.

(5) The revenue derived from the sale of the license provided for in this section shall be remitted to the Department of Conservation and Natural Resources on the first day of each month by the issuing officer and shall be covered into the State Treasury to the credit of the Marine Resources Fund and shall be used in the research, management, and development of saltwater fisheries. It shall be unlawful to provide false information in the process of obtaining the license.

(b)(1) Notwithstanding any other provision of law, any resident 64 years of age who procures a resident saltwater fishing license pursuant to this section shall be issued the license on a lifetime basis. The license fees from the sale of a lifetime license pursuant to this subsection shall be deposited to the credit of the Alabama Marine Resources Endowment Fund within the Marine Resources Fund.

(c) (2) Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred fifty dollars ($250) for each offense.

(c) There shall be provided on the license form for the licenses provided for in this section a check-off option whereby the licensee may voluntarily choose to donate an additional one dollar ($1) to the Division of Marine Resources for the purpose of research on fisheries and aquatic habitat as approved by the Advisory Board of Conservation and Natural Resources."

Section 2

Section 9-11-56.5 is added to the Code of Alabama 1975, to read as follows: §9-11-56.5. (a) Effective with the license year beginning September 1, 2019, there shall be a disabled three-day saltwater fishing event license, for events sanctioned by the Commissioner of the Department of Conservation and Natural Resources. (b) Except as otherwise provided in this section for additional persons, the license shall permit up to 20 disabled residents or nonresidents, plus up to 20 resident and nonresident assistants, in the numbers as determined to be reasonably necessary by the Department of Conservation and Natural Resources, to purchase the license as an alternative to any recreational saltwater fishing license otherwise applicable under this chapter, which shall permit the persons, for a period not to exceed 72 consecutive hours, to engage in those same activities as the holders of the annual saltwater fishing license in Section 9-11-53.1. (c) The license fee shall be one hundred dollars ($100). (d) Notwithstanding subsections (b) and (c), any additional disabled persons over the 20-person limit shall be charged an additional five dollars ($5) per person, which amount, subject to the approval of the Department of Conservation and Natural Resources, may include an additional assistant.

Section 3

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 4

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.