SB177 By Senators Albritton, Melson and Orr RFD Agriculture, Conservation, and Forestry Rd 1 09-FEB-16

SYNOPSIS: Under existing law, it is unlawful to hunt, trap, capture, kill, or destroy any wild game on the lands of another without the written permission of the landowner or person in possession or control of the land, and a violator is guilty of a misdemeanor and is subject to suspension of his or her hunting permit.

This bill would repeal the provisions and enact new prohibitions with revised penalties, including increased fines and periods of suspension of hunting privileges.

This bill would also allow a court to order a person convicted of hunting or killing wild game on the land of another without permission to pay restitution for the value of the loss or damage to wildlife resources and would provide for the forfeiture of hunting gear and firearms used to commit the violation.

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

Relating to game and fish; to revise the penalties for hunting or killing wild game on the land of another without permission; to provide for the restitution of the value of the loss or damage to wildlife resources; to provide criminal penalties; to provide for the forfeiture of hunting gear and firearms used to commit a violation; to repeal Sections 9-11-241, 9-11-242, and 9-11-243, Code of Alabama 1975, relating to hunting on the land of another without permission; 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. (a) A person may not hunt or catch by any means or method or posses wild game at any time on the land of another unless the owner of the land, submerged land, or water, or the owner's agent, provides written consent or accompanies the person.

(b)(1)a. Except as provided in paragraph b., a first violation of subsection (a) is a Class B misdemeanor, the violator shall pay a fine of not less than one thousand five hundred dollars ($1,500), and the violator's hunting privileges shall be suspended for one year from the date of the conviction.

b. A first violation of subsection (a) by killing a deer is a Class A misdemeanor, the violator shall pay a fine of not less than three thousand dollars ($3,000), and the violator's hunting privileges shall be suspended for one year from the date of the conviction.

(2) A second violation of subsection (a) is a Class A misdemeanor, the violator shall pay a fine of not less than five thousand dollars ($5,000), and the violator's hunting privileges shall be suspended for five years from the date of the conviction.

(3) A third or subsequent violation of subsection (a) is a Class D felony, the violator shall pay a fine of not less than seven thousand five hundred dollars ($7,500), and the violator's hunting privileges shall be permanently revoked.

(c)(1) In addition to any other fine or penalty imposed under this section or by other law, the court may require a person in violation of subsection (a) to pay restitution costs to the Department of Conservation and Natural Resources for the recovery of the value for the loss or damage to wildlife resources.

(2) Failure to pay restitution costs as required by the court under subdivision (1) will result in the denial of a hunting or fishing license, tag, or permit.

(3) A person who has failed to pay restitution as required under this subsection and who hunts and fishes shall be guilty of a Class A misdemeanor.

(d) A person in violation of subsection (a) shall forfeit to the department all hunting gear, including firearms, used to commit the violation.

Section 2. Sections 9-11-241, 9-11-242, and 9-11-243, Code of Alabama 1975, relating to the hunting or trapping on the land of another without permission, are repealed.

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.

Game and Fish

Hunters and Hunting

Conservation and Natural Resources Department

Firearms

Deer

Animals

Code Repealed