HB490 Alabama 2019 Session

Existing law prohibits the sale of drug paraphernalia, as well as the unauthorized sale of controlled substances. Existing law also imposes additional criminal penalties for the sale of controlled substances when the sale takes place on or within three miles of a school campus

This bill would prohibit the sale of drug paraphernalia on or within three miles of a school campus and would prohibit the unauthorized sale of controlled substances and the sale of drug paraphernalia on the grounds of or within three miles of a church or place of worship, and would impose criminal penalties

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 Sections 13A-12-250 and 13A-12-260, Code of Alabama 1975; to prohibit the sale of drug paraphernalia on or within three miles of a school campus and would prohibit the unauthorized sale of controlled substances and the sale of drug paraphernalia on the grounds of or within three miles of a church or place of worship; to impose criminal penalties; 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.