SB123 Alabama 2015 Session

Under existing law, by regulation of the Department of Conservation and Natural Resources, as it relates to hunting deer on private lands, there is a rebuttable presumption that any bait or feed located beyond 100 yards from the hunter and not within the line of sight of the hunter is not a lure, attraction, or enticement to, on, or over the areas where the hunter is attempting to kill or take the deer

This bill would provide for the voluntary feeding of game by spincast, broadcast, or any other container feeder at any time during the year and would require permits for use of each feeder

This bill would not affect the ability of a person to operate a feeder for purposes other than hunting game

The bill would set the amount of the fee for a permit for each feeder and provide for the disposition of the funds

The bill would also provide penalties for violations

Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621

To provide for the feeding of game by spincast, broadcast, or any container feeders; to require a permit for each spincast, broadcast, or container feeder; to prescribe the fees for each permit; to prescribe penalties for violation of the act; to supersede Sections 9-11-244 and 9-11-245 of the Code of Alabama 1975, and Rule 220-2-.157 of the Alabama Administrative Code, for any activity in compliance with this act; and in connection therewith to 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.