SB 147 — 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.

SB147 INTRODUCEDENROLLED 024L66-1024L66-2 By SenatorSenators SessionsSessions, Williams, Price, Allen, Givhan, Albritton, Elliott, Chambliss, Roberts, Scofield, Chesteen, Kelley, Bell, Waggoner, Hovey, Barfoot, Carnley, Butler, Gudger, Melson, Shelnutt, Jones, Reed, Weaver, Livingston, Hatcher, Stewart, Singleton RFD:

04-Apr-23 Page 0 024L66-1SB147 02/23/2023Enrolled ZAKEnrolled, (L)crAn 2023-174Act, 23 4Relating SYNOPSIS:to livestock;

Underto existingamend law,Section a3-5-2, personCode isof guiltyAlabama of1975, 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 inon the State of Alabama upon the premises of another or public landsland ifwhich theydoes donot sorequire knowingly,the voluntarily,same negligently,mens orrea willfully.as state law;

This bill would provide that no municipal governing body may adopt or continue in effect any ordinance, rule, resolution, or directive that prohibits this same conduct but does not require the same mental state as state law.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

A BILL TO BE ENTITLED AN ACT 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 Page 1 SB147 INTRODUCED another or public land which does not require the same mens rea as state law;

(b) Nothing in this section or elsewhere in this chapter shall be construed to make it unlawful for livestock or other animals to run at large on the premises of another when the owner or person in charge of the premises has consented in writing to let allow livestock or other animals to run at large on the same or to subject the owner of such livestock or other animals to criminal prosecution therefor Page 1 SB147 Enrolled premises.

(d) Any person or persons owning or having the possession, custody, or control of any livestock who unlawfully and knowingly permit the same to run or be at Page 2 SB147 INTRODUCED large, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than double the damages sustained by the injured party or parties, but in no case more than $50.00 fifty dollars ($50), one half of such fine to go to the injured party or parties, and may also be imprisoned in the county jail or sentenced to hard labor for the county for a term not exceeding six months at the discretion of the court trying the case.

Page 32 SB147 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB147 Senate 06-Apr-23 I hereby certify that the within Act originated in and passed the Senate.

Patrick Harris, Secretary.

House of Representatives Passed:

18-Apr-23 By:

Senator Sessions Page 3