SB147 Alabama 2023 Session

Summary

Primary Sponsor

David SessionsSenator

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

SB147 prevents municipalities from banning livestock from running at large unless the local rule uses the same mental-state standard as state law and updates the language.

What This Bill Does

Amends Section 3-5-2 to require municipalities to use the same mental-state standard as state law for prohibitions on letting livestock run at large. It preserves a written-consent defense that allows livestock to run at large on premises if written by the owner or person in charge. It declares there shall be no open range counties and applies the rule to all counties. It keeps existing penalties for violations and updates the language for clarity and style.

Who It Affects

• Livestock owners or people in charge of livestock, who must follow the state’s mental-state standard and may face penalties if they unlawfully let livestock run at large; written consent can serve as a defense.
• Municipal and county governments, which are restricted from enacting or enforcing local rules that conflict with this section and must align local rules with state law.

Key Provisions

• Requires municipal prohibitions on letting livestock run at large to use the same mens rea as state law (knowingly, voluntarily, negligently, or willfully).
• Affirms a defense if written consent allows livestock to run at large on the premises.
• Declares there will be no open range counties and that the rule applies to all counties.
• Prohibits municipal rules that are inconsistent with this section, defined as prohibitions with no stated mental state or a different mental state from the state law.
• Maintains misdemeanor penalties for violations, with fines not less than double the damages awarded to the injured party and not more than $50, plus potential imprisonment up to six months; proceeds may be shared with 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