HB516 Alabama 2021 Session

Under existing law, the unauthorized entry of a critical infrastructure is a crime.

This bill would further define critical infrastructure to include pipelines, mining operations, and mining infrastructure.

This bill would provide for enhanced criminal penalties for the act of damaging a critical infrastructure while committing the crime of unauthorized entry of a critical infrastructure and for doing so while operating certain unmanned aircraft systems.

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, 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.

Relating to critical infrastructure; to amend Section 13A-7-4.3, Code of Alabama 1975; to further provide for the crime of unauthorized entry of a critical infrastructure, including by certain unmanned aircraft systems; to provide additional penalties; and in connection therewith to 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.