Alabama 2023 Regular Session

Alabama House Bill HB242

Introduced
4/4/23  
Refer
4/4/23  
Report Pass
4/12/23  

Caption

Relating to livestock; to amend Section 3-5-2, Code of Alabama 1975, to provide that no municipal governing body may adopt or continue in effect any ordinance, rule, resolution, or directive that prohibits a person from permitting their livestock or animals to run at large on the premises of another or public land which does not require the same mens rea as state law; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Impact

The implications of HB242 are significant, particularly for how local jurisdictions can regulate livestock behavior. By centralizing the standards for liability and enforcement under state law, the bill aims to create uniformity across Alabama. This could potentially reduce the number of conflicting local regulations, thus simplifying compliance for livestock owners. However, it raises concerns about the ability of local governments to respond to specific community issues related to animal control and public safety.

Summary

House Bill 242 aims to amend Section 3-5-2 of the Code of Alabama 1975 regarding livestock and animals running at large. The bill clarifies that no municipal governing body can adopt or maintain ordinances, rules, resolutions, or directives that prohibit a person from allowing their livestock or animals to run at large on public lands or the premises of another, unless such regulations require the same mental state (mens rea) as specified by state law. This reinforces state law's supremacy over local ordinances on this matter.

Contention

While the bill may promote a standardized approach, it is likely to encounter opposition from local advocates who believe that communities should retain the power to implement stricter regulations tailored to local needs. The absence of a consistent mens rea requirement in municipal laws could lead to debates about enforcement and accountability, especially in cases where livestock cause property damage or public hazards. Overall, the contention revolves around the balance between state regulation and local governance.

Companion Bills

No companion bills found.

Previously Filed As

AL HB408

Relating to self-defense, to amend Section 13A-3-23, Code of Alabama 1975, to provide a person's use of physical force in defending himself, herself, or another person is presumed reasonable; to further provide for the immunity received by a person whose use of physical force on another person is justified self-defense; to shift the burden of proving a person's use of physical force is not justified to the state; and to make nonsubstantive, technical revisions to update the existing code language to current style

AL HB442

Legislature; codification of 2024 Regular Session Acts and Code Commissioner technical revisions into the Code of Alabama 1975

AL SB242

Legislature; codification of 2024 Regular Session Acts and Code Commissioner technical revisions into the Code of Alabama 1975

AL HB599

Domestic violence; establishment of domestic violence database provided for; Alabama State Law Enforcement Agency required to adopt rules

AL HB200

Alabama Business and Nonprofit Entity Code revised; makes technical changes and corrects references, and codifies practices relating to electronic filing and name reservations

AL SB197

Alabama Business and Nonprofit Entity Code revised; makes technical changes and corrects references, and codifies practices relating to electronic filing and name reservations

AL HB362

Counties and municipalities; recording and publishing of meetings of local governing bodies, required

AL SB299

Stem cell therapy; permitted in certain circumstances, notice and consent requirements provided, exceptions provided, State Board of Medical Examiners required to adopt rules

AL SB174

Business taxes, requires annual reports from counties and municipalities, provides for causes of action, and revises the jurisdiction of the Alabama Tax Tribunal

AL HB217

Relating to gross income; to amend Section 40-18-14, Code of Alabama 1975; to exclude difficulty of care payments from gross income.

Similar Bills

No similar bills found.