SB300 Alabama 2016 Session

Summary

Primary Sponsor

Gerald H. Allen Senator

Republican

Session

Regular Session 2016

Title

Explosives, manufacturing defined, crimes of unlawful manufacture of a destructive device or bacteriological or biological weapon in first and second degrees established, Fire Marshal to establish qualifications for a permit to lawfully manufacture, Secs. 13A-10-193.1, 13A-10-193.2 added; Sec. 13A-10-190 am'd.

Description

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.

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Subjects

Explosives