Bill Summary – FastDemocracy

 HB458
 210408-2
 By Representatives Crawford, Ingram, Faust, Easterbrook and
 Hanes
 RFD: Agriculture and Forestry
 First Read: 25-FEB-21
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                            ENGROSSED
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                              A BILL
                          TO BE ENTITLED
                              AN ACT
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            Relating to hunting; to amend Section 9-11-235, Code
  of Alabama 1975, to provide exceptions to existing law
 prohibiting certain types of hunting when done at nighttime,
 with an appropriate license, for certain kinds of animals; 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, as amended by Amendment 890, now appearing
 as Section 111.05 of the Official Recompilation of the
 Constitution of Alabama of 1901.
 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 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 during
 nighttime hours.
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            "(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)(1) This section shall not apply to an
 individual hunting feral swine or coyotes during nighttime
 hours on privately owned or leased lands during the specified
 special nighttime feral swine and coyote hunting season dates
 if the individual has purchased, and is in possession of, a
 nighttime feral swine and coyote hunting license issued by the
 Department of Conservation and Natural Resources as follows:
           "a. Any individual hunting feral swine or coyotes
 during the special nighttime feral swine and coyote season
 shall purchase the nighttime feral swine and coyote hunting
 license. The nighttime feral swine and coyote license does not
 include any other license privilege provided by Sections
 9-11-44, 9-11-46, 9-11-47, 9-11-48, 9-11-49, 9-11-65, or
 9-11-65.2, or the wildlife heritage license, all of which do
 not include privileges for hunting feral swine and coyotes
 during nighttime hours.
           "b. The annual resident nighttime feral swine and
 coyote hunting license fee is fourteen dollars ($14), plus an
 issuance fee of one dollar ($1).
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            "c. The annual nonresident nighttime feral swine and
  coyote hunting license fee is fifty dollars ($50), plus an
  issuance fee of one dollar ($1).
            "d. A person who possesses a 100 Percent Physically
  Disabled Resident Hunting License or a 100 Percent Disabled
  Military Veteran's Appreciation Hunting License may obtain an
  annual resident nighttime feral swine and coyote hunting
  license by paying the issuance fee of one dollar ($1).
            "(2) The fees provided for in this section are
 subject to adjustment as provided in Section 9-11-68.
           "(3) A special nighttime feral swine and coyote
 hunting license required by this subsection shall be procured
 in the same manner as an annual hunting license, with the
 issuance fee for the nighttime feral swine and coyote hunting
 license paid to and retained by the issuing office or agency.
           "(4) An individual who is exempt from purchasing a
 hunting license is not exempt from the requirement to purchase
 a nighttime feral swine and coyote hunting season license
 pursuant to this section."
           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, as amended
 by Amendment 890, 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.
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           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.
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                   House of Representatives
 Read for the first time and re-
 ferred to the House of Representa-
 tives committee on Agriculture and
 Forestry...........................    ....... 25-FEB-21
 8
 Read for the second time and placed
 on the calendar 1 amendment ......     ....... 04-MAR-21
11
 Read for the third time and passed
 as amended.........................    ....... 11-MAR-21
          Yeas 98, Nays 0, Abstains 0
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                             Jeff Woodard
                             Clerk
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                               Page 5
Statutes affected: 
Introduced: 9-11-235, 9-11-235
Engrossed: 9-11-235, 9-11-235