SB300 Alabama 2016 Session

Under existing law, it is unlawful for any person to possess, manufacture, transport, or distribute a destructive device or bacteriological or biological weapon

This bill would define manufacturing for purposes of crimes relating to biological and bacteriological weapons as the mixing or combining of two-part binary products

This bill would create the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the second degree for any person, not otherwise authorized by law, to manufacture or possess the precursor substances necessary with the intent to manufacture, as a Class B felony

This bill would create the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree for any person guilty of committing the crime in the first degree in conjunction with certain other conditions, as a Class A felony

This bill would also authorize the State Fire Marshal, by rule, to establish qualifications and procedures for issuing a permit to lawfully manufacture a destructive device or bacteriological or biological weapon

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 amend Section 13A-10-190, Code of Alabama 1975, and add Sections 13A-10-193.1 and 13A-10-193.2 to the Code of Alabama 1975, relating to destructive devices; to provide for the crimes of unlawful manufacture of a destructive device or bacteriological or biological weapon in the second degree as a Class B felony and in the first degree as a Class A felony; to authorize the State Fire Marshal to establish qualifications and procedures for issuing a permit to lawfully manufacture a destructive device or bacteriological or biological weapon; 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.