HB322
2 127933-2
3 By Representatives Boman and Givan
4 RFD: Agriculture and Forestry
5 First Read: 14-FEB-12
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1 127933-2:n:02/10/2012:FC/th LRS2011-1454R1
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8 SYNOPSIS: Under existing law, by regulation of the
9 Department of Conservation and Natural Resources,
10 hunting of game may not take place where feeding
11 has taken place until all feed has been removed or
12 consumed for at least 10 days prior to hunting.
13 This bill would provide for the voluntary
14 feeding of game by spincast, broadcast, or any
15 other container feeder at any time during the year
16 and would require permits for use of each feeder.
17 This bill would not affect the ability of a person
18 to operate a feeder for purposes other than hunting
19 game.
20 The bill would set the amount of the fee for
21 a permit for each feeder and provide for the
22 deposit of the funds in the Game and Fish Fund of
23 the Department of Conservation and Natural
24 Resources.
25 The bill would also provide penalties for
26 violations.
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1 Amendment 621 of the Constitution of Alabama
2 of 1901 prohibits a general law whose purpose or
3 effect would be to require a new or increased
4 expenditure of local funds from becoming effective
5 with regard to a local governmental entity without
6 enactment by a 2/3 vote unless: it comes within one
7 of a number of specified exceptions; it is approved
8 by the affected entity; or the Legislature
9 appropriates funds, or provides a local source of
10 revenue, to the entity for the purpose.
11 The purpose or effect of this bill would be
12 to require a new or increased expenditure of local
13 funds within the meaning of Amendment 621. However,
14 the bill does not require approval of a local
15 governmental entity or enactment by a 2/3 vote to
16 become effective because it comes within one of the
17 specified exceptions contained in Amendment 621.
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19 A BILL
20 TO BE ENTITLED
21 AN ACT
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23 To provide for the feeding of game by spincast,
24 broadcast, or any container feeders; to require a permit for
25 each spincast, broadcast, or container feeder; to prescribe
26 the fees for each permit; and to prescribe penalties for
27 violation of the act; to supersede Sections 9-11-244 and
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1 9-11-245, Code of Alabama 1975, for any activity in compliance
2 with this act; and in connection therewith would have as its
3 purpose or effect the requirement of a new or increased
4 expenditure of local funds within the meaning of Amendment 621
5 of the Constitution of Alabama of 1901.
6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7 Section 1. The Department of Conservation and
8 Natural Resources shall allow the feeding of game by spincast,
9 broadcast, or container feeders and shall issue permits for
10 spincast, broadcast, or container feeders each year for the
11 entire year. For the purposes of this act, the term "game
12 feeder" shall mean only a spincast, broadcast, or container
13 game feeder.
14 Section 2. The judge of probate, license
15 commissioner, or other county official who issues licenses in
16 the county may be duly appointed by the Commissioner of
17 Conservation and Natural Resources to issue permits pursuant
18 to this act. All permits issued shall be dated when issued and
19 shall authorize the individual named on the permit to operate
20 a game feeder for the feeding of game during hunting season or
21 for one calendar year. The permits shall be numbered
22 consecutively at the time they are printed and shall be
23 furnished by the Commissioner of Conservation and Natural
24 Resources. The issuing official shall sign the permit and the
25 individual requesting the permit shall also sign on the margin
26 of the permit. The official issuing the permit shall keep in a
27 book or on specially prepared sheets furnished by the
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1 Commissioner of Conservation and Natural Resources a correct
2 and complete record of all permits issued, which record shall
3 remain in the office of the issuing official and shall be open
4 to inspection by the public at all reasonable times.
5 Section 3. (a) An individual may procure a separate
6 permit to operate each game feeder by filing an application
7 with the county license issuing official in the county in
8 which the feeder will be located, stating his or her name,
9 age, place of residence, and mailing address. The individual
10 receiving a permit shall be issued a numbered decal to be
11 placed on the game feeder to correspond with the number of the
12 permit. The cost for issuance of a permit to operate a game
13 feeder effective for one year shall be twenty dollars ($20).
14 Initially, a permit may be purchased August 1, following the
15 effective date of this act, through October 15, following the
16 effective date of this act. Thereafter, a permit may be
17 purchased in each subsequent year from February 1st through
18 March 15th.
19 (b) In addition to the prescribed cost of each
20 permit in subsection (a), there shall be a five dollar ($5)
21 issuance fee for each permit issued, to be collected by the
22 issuing official and retained by the official to be paid into
23 the general fund of the county issuing the permit.
24 Section 4. The use of each feeder permitted pursuant
25 to this act shall be subject to all of the following:
26 (1) The contents of a game feeder shall contain at
27 least 15 percent protein.
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1 (2) No game feeder permit shall be issued to be
2 operated upon any privately owned land without the written
3 consent of the owner or individual in lawful possession of the
4 land.
5 (3) No male whitetail deer harvested using this
6 feeding program may have less than three one-inch points above
7 the hairline on one side. However, this restriction does not
8 apply to hunters under the age of 16 or a licensed hunter who
9 is legally handicapped.
10 (4) No feeder may be placed within 500 feet of a
11 public road.
12 (5) The requirements of this act are for hunting
13 purposes only and shall be a part of an overall deer
14 management program. This act does not affect or place
15 obligations on any person that desires to feed game for any
16 reason other than hunting.
17 (6) Each feeder shall be located within 200 yards of
18 a prepared seedbed wildlife food plot or green field during
19 the deer hunting season and the field shall be at least 1 acre
20 in size. A waiver of this requirement may be applied for with
21 the Department of Conservation and Natural Resources on leased
22 property that has a written prohibition on the clearing of
23 land.
24 (7) Each feeder shall be located at least 300 feet
25 from any adjacent property line.
26 (8) Feeders used on property during deer or turkey
27 season may be hunted over if the hunter is 100 yards or more
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1 from the feeder and the feeder is out of the hunter's line of
2 sight.
3 Section 5. A violation of this act constitutes a
4 misdemeanor, and upon conviction, an individual shall be fined
5 not less than three hundred dollars ($300) nor more than five
6 hundred dollars ($500) for each violation.
7 Section 6. All revenue received from fees except the
8 issuance fees under this act shall be forwarded by the issuing
9 official to the Commissioner of Conservation and Natural
10 Resources on the first day of each month and shall be
11 deposited into the Game and Fish Fund of the Department of
12 Conservation and Natural Resources. All revenue received from
13 fines and penalties for violations of this act shall be
14 forwarded to the Commissioner of Conservation and Natural
15 Resources by the trial court on the first day of each month to
16 be deposited into the Game and Fish Fund of the Department of
17 Conservation and Natural Resources.
18 Section 7. The Commissioner of Conservation and
19 Natural Resources may promulgate rules and regulations to
20 carry out this act. In addition to this authority, the State
21 Veterinarian in agreement with the Commissioner of Agriculture
22 and Industries and the Commissioner of Conservation and
23 Natural Resources may declare an emergency because of disease
24 or other outbreak and suspend this feeding program.
25 Section 8. This act is voluntary for hunters.
26 Hunters not wanting to participate are under no obligations or
27 restrictions of this act.
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1 Section 9. Although this bill would have as its
2 purpose or effect the requirement of a new or increased
3 expenditure of local funds, the bill is excluded from further
4 requirements and application under Amendment 621 because the
5 bill defines a new crime or amends the definition of an
6 existing crime.
7 Section 10. All laws or parts of laws which conflict
8 with this act are repealed. Sections 9-11-244 and 9-11-245,
9 Code of Alabama 1975, shall not apply to any activity in
10 compliance with this act.
11 Section 11. This act shall become effective
12 immediately following its passage and approval by the
13 Governor, or its otherwise becoming law.