HB590 Alabama 2013 Session

Summary

Primary Sponsor

Dan Williams

Republican

Session

Regular Session 2013

Title

Administrative Law and Procedure, warrants, administrative search warrants, official of governmental entity involved in administration of public health, safety, and general welfare law authorized to seek and obtain administrative warrant, procedures, willful obstruction a Class C misdemeanor

Description

This bill would authorize an administrative official of a governmental entity involved in the administration of a public health, safety, and general welfare law to seek and obtain from a judicial officer an administrative warrant in order to enter upon premises and conduct an inspection authorized by the law.

This bill would provide procedures for the issuance and execution of the warrant and the use of evidence discovered during an inspection conducted under the authority of the warrant.

This bill would provide that any person who willfully obstructs or aids in the obstruction of an inspection authorized by a warrant issued pursuant to this act is guilty of a Class C misdemeanor.

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.

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Subjects

Administrative Law and Procedure