HB511 Alabama 2019 Session

Under existing law, a violation of a law or rule adopted by the Department of Conservation and Natural Resources relating to wildlife management areas is an unclassified misdemeanor offense.

This bill would classify the offense as a Class C misdemeanor and update the fines and sentencing ranges.

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 9-11-307, Code of Alabama 1975, relating to penalties for violating laws or rules adopted by the Department of Conservation and Natural Resources relating to wildlife management areas; to classify the offense as a Class C misdemeanor and update the fines and sentencing ranges; 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.