HB152 By Representatives Ingram and Polizos RFD Agriculture and Forestry Rd 1 09-FEB-16

SYNOPSIS: Under existing law, nighttime hunting of protected birds and animals is generally prohibited unless otherwise specially provided by law. Nighttime hunting of raccoons and opossums may be authorized pursuant to rule of the Department of Conservation and Natural Resources.

This bill would prohibit nighttime hunting of protected birds and animals unless authorized by rule of the Department of Conservation and Natural Resources. The bill would also clarify the definition of nighttime hours and delete references to nighttime hunting of raccoons and opossums.

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.

A BILL TO BE ENTITLED AN ACT

To amend Section 9-11-235, Code of Alabama 1975, to prohibit the nighttime hunting of protected birds and animals unless authorized by rule of the Department of Conservation and Natural Resources; to further define nighttime hours; and in connection therewith would 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 9-11-235, Code of Alabama 1975, is amended to read as follows:

§9-11-235.

"(a) It shall be unlawful, except as to trapping as otherwise provided by law or rule of the commissioner, for a person to take, capture, or kill, or attempt to take, capture, or kill any bird or animal protected by the laws of this state between sunset and daylight of the following day, except that the Commissioner of Conservation and Natural Resources may by a duly promulgated regulation, allow the taking, catching, or killing of raccoons and opossums between sunset and daylight in any county or counties within the state. In any county where the taking, catching, or killing of raccoons and opossums is permitted during nighttime hours by regulations of the commissioner, the animals may only be legally taken with the use of a light and/or a shotgun using shot no larger than number eight, and the person or persons so hunting shall be accompanied by a dog or dogs and, if hunting on the lands of another, shall have the written permission of the landowner during nighttime hours.

"(b) Any person violating this section shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be punished for the first offense by a fine of not less than two thousand dollars ($2,000) nor more than three thousand dollars ($3,000) and may be imprisoned in the county jail for a period not to exceed six months. In addition, the court shall revoke all hunting license privileges for a period of three years from the date of conviction.

"(c) For purposes of this chapter, the words "nighttime hours" or "between daylight and sunset" shall be defined as 30 minutes after sunset and 30 minutes before sunrise of the following day, as sunrises and sunsets are recorded by the United States Naval Observatory.

"No provision of this section shall be construed to prohibit the nighttime hunting of foxes with dogs."

Section 2. 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 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.

Game and Fish

Conservation and Natural Resources Department

Hunters and Hunting

Code Amended