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Key:
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Joined: Aug 2001
Posts: 72,429 Likes: 23
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 72,429 Likes: 23 |
1 SB175
2 155389-2
3 By Senator Marsh
4 RFD: Fiscal Responsibility and Accountability
5 First Read: 14-JAN-14
Page 0
1 155389-2:n:10/31/2013:JET/th LRS2013-3809R1
2
3
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6
7
8 SYNOPSIS: Act 2013-67, 2013 Regular Session, effective
9 January 1, 2015, consolidated certain investigative
10 and law enforcement functions and reorganized the
11 administration of public safety services within the
12 newly created Alabama State Law Enforcement Agency.
13 This bill would transfer all functions of
14 conservation officers of the Law Enforcement
15 Section of the Wildlife and Freshwater Fisheries
16 Division of the Department of Conservation and
17 Natural Resources to the newly created Conservation
18 Enforcement Division within the Department of
19 Public Safety of the Alabama State Law Enforcement
20 Agency.
21 This bill would also require an agency in
22 control of restricted funds to reimburse the
23 Alabama State Law Enforcement Agency when state or
24 federal requirements restrict the transfer of funds
25 to the Alabama State Law Enforcement Agency.
26
27 A BILL
Page 1
1 TO BE ENTITLED
2 AN ACT
3
4 To amend Section 6 of Act 2013-67, 2013 Regular
5 Session, now appearing as Section 41-27-6, Code of Alabama
6 1975, to transfer all functions of conservation officers of
7 the Law Enforcement Section of the Wildlife and Freshwater
8 Fisheries Division of the Department of Conservation and
9 Natural Resources to the newly created Conservation
10 Enforcement Division within the Department of Public Safety of
11 the Alabama State Law Enforcement Agency; and to provide for
12 the reimbursement of certain funds to the Alabama State Law
13 Enforcement Agency.
14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
15 Section 1. Section 6 of Act 2013-67, 2013 Regular
16 Session, now appearing as Section 41-27-6, Code of Alabama
17 1975, is amended to read as follows:
18 "41-27-6.
19 "(a)(1) The Director of the Department of Public
20 Safety shall be appointed by the Secretary of the Alabama
21 State Law Enforcement Agency, after consultation with the
22 Governor, and shall hold office at the pleasure of the
23 secretary. The director shall be appointed from a legacy
24 agency as defined in Section 41-27-7. The salary of the
25 director shall be set by the secretary, and shall not be
26 subject to Section 36-6-6. A person appointed director shall
27 have an extensive law enforcement background and, by virtue of
Page 2
1 office, is a state law enforcement officer with the immunity
2 set forth in Section 6-5-338.
3 "(2) The director shall have overall supervision and
4 management of functions transferred to the department pursuant
5 to this section, subject to the approval of the secretary,
6 including the power to change the working title of any
7 position or to reorganize or rename any of the divisions,
8 units, or functions specified in this section. Any change of
9 working title shall not alter the classification or
10 compensation of any person in the state Merit System.
11 "(3) All functions performed by the department on
12 October 1, 2014, shall remain under the Department of Public
13 Safety unless reorganized by the secretary or otherwise
14 transferred pursuant to this chapter.
15 "(b)(1) The Highway Patrol Division of the
16 Department of Public Safety succeeds to and is vested with all
17 law enforcement functions of the following enforcement units,
18 and a reference in any law to these enforcement units shall be
19 deemed a reference to the Highway Patrol Division of the
20 Department of Public Safety:
21 "a. The law enforcement unit of the Public Service
22 Commission.
23 "b. The revenue enforcement officers of the
24 Department of Revenue.
25 "(2) The director shall appoint a chief of the
26 division.
Page 3
1 "(c)(1) The Marine Police Division is hereby created
2 within the Department of Public Safety. The director shall
3 appoint a chief of the division.
4 "(2) The Marine Police Division of the Department of
5 Public Safety succeeds to and is vested with all functions of
6 the Marine Police Division of the Department of Conservation
7 and Natural Resources. A reference in any law to the Marine
8 Police Division of the Department of Conservation and Natural
9 Resources shall be deemed a reference to the Marine Police
10 Division of the Department of Public Safety.
11 "(d)(1) Except for the appointment of conservation
12 officers as provided in Section 9-11-17, Code of Alabama 1975,
13 the Conservation Enforcement Division is hereby created within
14 the Department of Public Safety. The director shall appoint a
15 chief of the division.
16 "(2) The Conservation Enforcement Division of the
17 Department of Public Safety succeeds to and is vested with all
18 law enforcement functions of conservation officers of the Law
19 Enforcement Section of the Wildlife and Freshwater Fisheries
20 Division of the Department of Conservation and Natural
21 Resources. A reference in any law to conservation officers of
22 the Law Enforcement Section of the Wildlife and Freshwater
23 Fisheries Division of the of the Department of Conservation
24 and Natural Resources shall be deemed a reference to the
25 Conservation Enforcement Division of the Department of Public
26 Safety."
Page 4
1 Section 2. If state or federal requirements restrict
2 the transfer of funds to the Alabama State Law Enforcement
3 Agency, the Alabama State Law Enforcement Agency shall be
4 reimbursed by the agency in control of the restricted funds
5 for administration, manpower, benefits, equipment, and any
6 other appropriate expenses utilized to perform the tasks
7 authorized under the restrictions for the controlling agency.
8 The Alabama State Law Enforcement Agency shall be a service
9 provider for the agency in control of the restricted funds.
10 The Alabama State Law Enforcement Agency may use equipment
11 belonging to the agency in control of the restricted funds to
12 provide the required service but shall utilize the equipment
13 within state and federal funding requirements that restrict
14 the use of the equipment. The Alabama State Law Enforcement
15 Agency shall utilize monies provided by the agency in control
16 of funds restricted for a certain purpose or that are
17 appropriated for a particular purpose only for that purpose
18 and shall provide appropriate accounting for the services
19 provided.
20 Section 3. The Conservation Enforcement Division
21 created by this act shall be subject to Chapter 27, Title 41,
22 Code of Alabama 1975. The Code Commissioner shall conform
23 references in the Code of Alabama 1975, to the Conservation
24 Enforcement Division pursuant to Section 29-7-14, Code of
25 Alabama 1975.
Page 5
1 Section 4. This act shall become effective on
2 January 1, 2015, following its passage and approval by the
3 Governor, or its otherwise becoming law.
Page 6
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Aug 2001
Posts: 72,429 Likes: 23
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 72,429 Likes: 23 |
This bothers me because Game Wardens do a lot of different things that regular LEO does not do.
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Sep 2004
Posts: 37,030 Likes: 1
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,030 Likes: 1 |
no, not no, hell no. This would be a monumental mistake.
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Joined: Aug 2001
Posts: 72,429 Likes: 23
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 72,429 Likes: 23 |
no, not no, hell no. This would be a monumental mistake. I imagine that is the same reaction of nearly everyone at the DCNR.
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Sep 2004
Posts: 37,030 Likes: 1
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,030 Likes: 1 |
who is Senator Marsh and what kind of idiot is he???
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Joined: Aug 2001
Posts: 72,429 Likes: 23
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 72,429 Likes: 23 |
who is Senator Marsh and what kind of idiot is he??? Republican from Anniston, he's the Senate Pro Tem. http://www.legislature.state.al.us/senate/senators/senatebios/sd012.html
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Jan 2012
Posts: 38
spike
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spike
Joined: Jan 2012
Posts: 38 |
It is hard enough to get hunters that "walk a fine line" to record their harvests now, and God knows their are many that just won't "do right." In most cases the minimum fine is imposed, but even if the individual got a $500 dollar fine for being caught multiple times....that's a small price to pay for these people. There are very few GW's throughout the state. Even though I believe most of them go above and beyond their call of duty, more times than not, individuals are not caught. So now when they are caught, a tiny spat on the hand will do? This is an insult to those who abide by the law, the GW's, and the general spirit of the law. The biggest problem I see is allowing the politicians to get their hands deeper into the Game and Fish Laws. The Dept. Of Conservation is not perfect, but do a very good job for all intent and purposes of Outdoor Alabama. It would be a tragedy to allow a politician(s) to try to make up ground on a lack luster term(s) at the expense of Alabama's resources! This was meant for a previous post on Senate Bill 172....trying to figure out if I want to get started on Senate Bill 175! LOL
Last edited by goodoleboy; 01/15/14 10:59 AM. Reason: Replied to wrong post
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Joined: Sep 2002
Posts: 8,180
14 point
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14 point
Joined: Sep 2002
Posts: 8,180 |
That's the trend in the name of consolidation and streamlining government....same thing with the enforcement arm of other departments as well if you look into it.
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Joined: Jul 2011
Posts: 6,621
14 point
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14 point
Joined: Jul 2011
Posts: 6,621 |
no, not no, hell no. This would be a monumental mistake. I agree. They should be under the TSA.
This post is protected by copyright. Anyone found posting here is subject to certified mail from my gay sister.
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Joined: Mar 2013
Posts: 15,107
Old Mossy Horns
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Old Mossy Horns
Joined: Mar 2013
Posts: 15,107 |
no, not no, hell no. This would be a monumental mistake. I imagine that is the same reaction of nearly everyone at the DCNR. There are some game wardens for it. Some retired and some current.
83% of all statistics are made up.
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
goodoleboy, ... This is an insult to those who abide by the law, the GW's, and the general spirit of the law. The biggest problem I see is allowing the politicians to get their hands deeper into the Game and Fish Laws. You care to explain that one? Politicians (governors) already appoint the commissioner and the members of the Advisory Board. Legislators are the only ones that are supposed to be writing laws according to our constitutions. The DCNR is an administrative agency in the executive branch. What's so bad about game wardens being under the supervision of an enforcement officer instead of a lawyer?
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Joined: Feb 2002
Posts: 44,333
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 44,333 |
Wouldn't it be easier to just give all LEOs the authority that GWs have? Sitting back now, with body armour on 
Get the F out of the BATFE. The F is guaranteed by the US Constitution. Those other letters are not.
NRA Life Member
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Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Is there a game and fish law now that ANY peace officer of the state cannot enforce if they can manage to get past the jurisdictional hangups they have???
State trooper was the first to check hunting license and permit for my brother and his friend many, many years ago.
The ONLY time anyone has ever checked my hunting license anywhere off a WMA was a marine policeman. They went under the public safety division last year.
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Posts: 27,336
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 27,336 |
no, not no, hell no. This would be a monumental mistake. I don't doubt you're correct, but why? I imagine it would mean raises to put them in line with trooper, Sgt., Lt., etc. pay so there might not be much opposition from the ranks.
Lord, please help us get our nation straightened out.
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Posts: 38
spike
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spike
Joined: Jan 2012
Posts: 38 |
49er,
The point has nothing to do with my opinion of GW's supervision. They have their chain of command from sergeants, lieutenants, captains, assistant chiefs, chief, director, commissioner, and so on. Ultimately all law enforcement in the state of Alabama fall under A-POST, with the exception of Federal Agencies. I understand how laws come to pass as well as you do, but I would much rather an advisory board, concerned individuals that bother showing up for AB meetings, and even a Governor appointed Commissioner that is directly influenced by being hands on involved with the Dept. personnel making suggestions/provisions to the laws and/or fine amounts. I also understand how politics work on both sides of the spectrum......BUT, I would much rather a commissioner, a Dept. head, or an advisory boards minutes and suggestions be heard and respected than a politician from Huntsville, B'ham, Montgomery, or anywhere in between making suggestions to boost ratings. Basing there decisions on hear say from a guy he or she knows that hunts....in court we refer to that as Hear Say.
Law Enforcement officers in Alabama with APOST certification can and are sworn to enforce any and all laws in the state. The only problems that I am aware of in the past is in cases where their may have been a "bad arrest" due to lack of training or expertise in a particular situation. Again, there are certain agencies that can enter upon private property w/o permission, but not all. That is also in the "books."
Last edited by goodoleboy; 01/15/14 12:32 PM.
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10 point
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10 point
Joined: Dec 2010
Posts: 2,479 |
Senator Marsh is an avid hunter.
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Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
goodoleboy,
People have all kinds of notions of "good government", but bottom line, our state constitution is the supreme law. It outlines in detail how an act must be introduced in a certain form, be referred to a committee of lawmakers with knowledge of the subject, be read three times in the house of origin and then go to the next house to go through the same procedure.
If it passes both houses, the governor must approve it before it becomes law. All lawmakers and the governor are elected by the people. They are not appointed because they helped a politician get elected or for some other kind of political favor owed. I like the way our constitution says laws are to be passed much better than your notion of rules that a small group of the governor's buddies with their own special interest come up with and then having their rules given the same force and effect as those laws our constitution provides for.
Show me where your idea is provided for in our constitution.
As for the enforcement part: Shouldn't state biologists be scientists instead of cops? Why should we pay to hire qualified biologists and then expect them to be game wardens most of their time to enforce silly rules that have little or anything to do with true conservation??
Why have just two game wardens per county when all law enforcement officers in the county should be working together in the interests of the public? If a game warden needs help, shouldn't the sheriff be ready at all times to assist him without the jurisdictional crap getting in the way?
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spike
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spike
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Posts: 38 |
49er,
You seem to have a knack for missing the point, OR.....when you're wrong you try to disguise it. Again, I understand the legal process. In a perfect world, it's a perfect system. Just because you like a suggestion doesn't make it a good one. This is a classical.....COME ON MAN!
As far as Game Wardens go, most are NOT biologists. The GW's that I am familiar with have anywhere from Criminal Justice to Political Science degrees, and many in between. You obviously, to be alive and kicking to post this rhetoric, were not alive way back before Game Wardens and many of our resource laws were in affect. You didn't have the pleasure of hunting or wanting to hunt a deer or turkey when they were on the brink of extinction. Now that our populations are thriving, and guys like you are spoiled and oblivious to the truth, game laws are "silly." I remember reading a post that you made AGAINST the Game Check system. You referred to it as BIG GOVERNMENT I believe. That was one of the best tools your biologists would have had access to in years. However, now you're for Biologists.....I love Irony.
Last, but certainly not least, you do NOT pay Game wardens or biologists. Not one red cent comes out of the general fund. People like to throw that term around when they're not satisfied or not getting their way. Those guys are self funded through outdoor Alabama, which in large part comes from hunting, fishing, and other license sales. Despite popular demand, less than 10 percent of their funding even comes from arrest/fines.
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3 point
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3 point
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Posts: 196 |
Will this grant authority to non-game warden AL law enforcement to conduct warrantless game law/regulation related vehicle searches?
Last edited by RMcL; 01/15/14 02:32 PM.
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Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
goodoleboy, 49er,
You seem to have a knack for missing the point, OR.....when you're wrong you try to disguise it. Again, I understand the legal process. In a perfect world, it's a perfect system. Just because you like a suggestion doesn't make it a good one. This is a classical.....COME ON MAN! Im wrong? Our state constitution is only a suggestion? If Im wrong, why not point out the flaws instead of posting rambling crap that makes no sense. I asked you to point out where our constitution provides for agency rules that have the same force and effect as law. Dont try to disguise it in nonsense, show us. As far as Game Wardens go, most are NOT biologists. The GW's that I am familiar with have anywhere from Criminal Justice to Political Science degrees, and many in between. Have a look for yourself dude: http://personnel.state.al.us/Documents/Announcements/100419_A.pdfYou obviously, to be alive and kicking to post this rhetoric, were not alive way back before Game Wardens and many of our resource laws were in affect. You didn't have the pleasure of hunting or wanting to hunt a deer or turkey when they were on the brink of extinction. Try 60+ years of hunting in Alabama. Im 65 years old and have been hunting since my grandfather first took me when I was four years old. You dont have a clue, do you? Now that our populations are thriving, and guys like you are spoiled and oblivious to the truth, game laws are "silly." You have never seen me post anything about our game LAWS being silly. Dont confuse our game and fish laws with some of the silly department rules that I criticize. I explained the difference in detail in my last post. Pay attention. I remember reading a post that you made AGAINST the Game Check system. You referred to it as BIG GOVERNMENT I believe. That was one of the best tools your biologists would have had access to in years. However, now you're for Biologists.....I love Irony. For Game Check to be worth anything, biologists need to be allowed to survey LIVING deer like the law requires. Dead deer dont tell you what was living there before or after they were killed. Our game and fish laws require them to conduct surveys of the various species of all game animals not just deer. I pointed out to the Legislative Council that Game Check involved defining at least 8 new separate criminal offenses that carry a penalty of a class C misdemeanor. They certainly didn't think all that was necessary for conservation. Last, but certainly not least, you do NOT pay Game wardens or biologists. Not one red cent comes out of the general fund. People like to throw that term around when they're not satisfied or not getting their way. Those guys are self funded through outdoor Alabama, which in large part comes from hunting, fishing, and other license sales. Despite popular demand, less than 10 percent of their funding even comes from arrest/fines.
I guess youve never looked at the sources of the DCNRs revenue for yourself. Somebody must have told you a lie and you believed them: See page 9 of the annual report, and youll see that I do help pay game wardens and biologists: http://www.outdooralabama.com/about/2011-12annual%20report.pdf
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