HB382 By Representatives Hanes, Whorton (R) and Williams (JW) RFD Agriculture and Forestry Rd 1 10-MAR-16

SYNOPSIS: Under existing law, a person is strictly liable for injury or damage to persons or domestic animals of persons as a result of using traps or other similar devices on public lands to take, capture, or kill fur-bearing animals protected by the laws of this state.

This bill would remove the strict liability standard for injury or damage to persons or domestic animals by persons using traps or other similar devices on public lands.

A BILL TO BE ENTITLED AN ACT

To amend Section 9-11-264 of the Code of Alabama 1975, as amended by Act 2015-485, 2015 Regular Session, relating to the liability for injury or damage to persons or domestic animals by persons using traps or other similar devices on public lands; to remove the strict liability standard.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 9-11-264 of the Code of Alabama 1975, as amended by Act 2015-485, 2015 Regular Session, is amended to read as follows:

§9-11-264.

"Any person shall be strictly liable for civil damages who causes the for causing injury or damage to any person or domestic animal as a result of using any trap or similar device in violation of state law or regulation on public land to take, capture, or kill any of the fur-bearing animals protected by the laws or regulations of this state.

"Any person who suffers injury or damage to his person or domestic animal as a result of such activity shall have an action for civil damages and such aggrieved person need not prove negligence.

"The provisions of this section shall not apply to Lawrence County."

Section 2. 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.

Public Lands

Liability

Hunters and Hunting

Animals

Code Amended