HB 172

Under existing law, the State Fire Marshal establishes qualifications for issuing a permit for a person to lawfully manufacture a destructive device or bacteriological or biological weapon

This bill would provide that permit fees collected by the State Fire Marshal for a permit to manufacture a destructive device or bacteriological or biological weapon would be deposited in the State Fire Marshal's Fund

Relating to the State Fire Marshal; to amend Section 36-19-2.1, Code of Alabama 1975; to provide that permit fees collected by the State Fire Marshal for a permit for the manufacture of a destructive device or bacteriological or biological weapon would be deposited in the State Fire Marshal's Fund.

Section 1

Section 36-19-2.1 of the Code of Alabama 1975, is amended to read as follows:

§36-19-2.1.

(a) No person may lawfully manufacture a destructive device or bacteriological or biological weapon without first obtaining a permit from the office of the State Fire Marshal. The office of the State Fire Marshal shall adopt rules as necessary to implement this section including, but not limited to, rules for all of the following:

(1) The form for making application for a permit. (2) The qualifications necessary for obtaining a permit.

(3) Fees for making application, issuance, renewal, reinstatement of a lapsed permit, and other fees deemed necessary by the Fire Marshal relating to a permit.

(b) The office shall have 30 days to investigate and review an application, and either issue or deny a permit. A denial shall state the reasons why the permit was not issued and what corrective action, if any, may be taken.

(c) A permit shall expire one year following the date of its issuance or renewal and shall become invalid, unless renewed by payment of the applicable fee.

(d) All fees collected pursuant to this section shall be deposited in the State Fire Marshal's Fund as provided in Sections 8-17-255 and 34-33-11 and shall be used for the operation of the State Fire Marshal's Office."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.