HB242 Alabama 2023 Session

Summary

Primary Sponsor

Danny CrawfordRepresentative

Republican

Session

Regular Session 2023

Title

Relating to livestock; to amend Section 3-5-2, Code of Alabama 1975, to provide that no municipal governing body may adopt or continue in effect any ordinance, rule, resolution, or directive that prohibits a person from permitting their livestock or animals to run at large on the premises of another or public land which does not require the same mens rea as state law; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Summary

HB242 would require municipal rules about livestock running at large to use the same mental-state standard as state law and update the statute language and penalties.

What This Bill Does

HB242 keeps the state rule that owners cannot knowingly, voluntarily, negligently, or willfully permit livestock to run at large on someone else’s property or public lands. It prevents municipalities from enacting or keeping rules that prohibit this conduct unless those rules use the same mental-state standard as state law. It adds a written consent option for premises where livestock may run at large, declares no open-range counties, and creates misdemeanor penalties with fines capped at $50 and potential jail time up to six months. It also updates the code language to current style and clarifies that municipal rules inconsistent with these provisions are not allowed.

Who It Affects

• Municipalities and county governments: they may not adopt or keep in effect ordinances that prohibit livestock running at large unless the rules require the same mental-state standard as state law.
• Livestock owners and those in charge of premises: they remain subject to the state law about running at large, may use written consent to allow livestock to run at large on premises, and face misdemeanor penalties if they unlawfully permit such conduct.

Key Provisions

• Amends Section 3-5-2 to require municipal rules about running at large to use the same mental-state standard as state law; local rules lacking this standard would be inconsistent with the statute.
• Adds a consent in writing provision allowing livestock to run at large on a premises when the owner or person in charge consents in writing; no criminal liability if properly consented.
• Declares there shall be no open-range counties and that the act applies statewide.
• Establishes penalties: misdemeanor for unlawful and knowingly permitting livestock to run at large, with fines not less than double damages sustained by the injured party but capped at $50, and possible imprisonment up to six months; a portion of the fine may go to the injured party.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Livestock, to provide municipal directives may not be inconsistent, defines inconsistent.