HB194 Alabama 2010 Session

This bill would provide that the sheriff is the senior law enforcement officer of the county

This bill would require a federal employee, before conducting an arrest or a search and seizure in this state, to obtain permission from the sheriff of the county in which the arrest or the search and seizure would take place, or the Attorney General if the sheriff refuses permission

This bill would provide exceptions

This bill would require the district attorney to prosecute for kidnapping or theft or any other applicable offense any federal employee who conducts an arrest or a search and seizure without first obtaining permission

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 the amendment. 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 the amendment

To provide for arrests and searches and seizures by federal employees; to require federal employees to obtain permission of the sheriff of the county or the Attorney General; to provide exceptions; to authorize the prosecution of certain federal employees who do not obtain permission; to reject certain federal laws purporting to give federal employees powers of a sheriff; and in connection therewith would 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.