SB416 Alabama 2016 Session

Under existing law, a person may be guilty of a trespassing crime if he or she enters or remains unlawfully on unimproved or unused land if the owner posts notice of trespass in a conspicuous manner

This bill would provide that posting property in a conspicuous manner would include signs posted on the property or the placement of identifying purple paint marks on trees or posts on the property, provided the marks meet certain requirements

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-7-1, Code of Alabama 1975, relating to definitions for crimes of trespass and burglary, to specify that the posting of property in a conspicuous manner includes signs posted on the property or the placement of identifying purple paint marks on trees or posts on the property, provided the marks meet certain requirements; 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.