HB582 Alabama 2010 Session

Under existing law, the Alabama Child Protection Act of 1999 requires all prospective and current certified and noncertified education employees who have or will have unsupervised access to children in an educational setting to undergo a criminal history background information check

This bill would subject any person who may be permitted access to school property when students are present, pursuant to a contractual relationship with a local employing board or nonpublic school, to a criminal history background information check

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 add Article 3, commencing with Section 16-22A-60, to Chapter 22A of Title 16 of the Code of Alabama 1975, relating to the Alabama Child Protection Act of 1999, to expand application of the act and require criminal history background information checks on any person who, pursuant to a contractual relationship, may have access to school property when children are present; and to prescribe penalties for violations; 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.