HB590 Alabama 2013 Session

This bill would authorize an administrative official of a governmental entity involved in the administration of a public health, safety, and general welfare law to seek and obtain from a judicial officer an administrative warrant in order to enter upon premises and conduct an inspection authorized by the law

This bill would provide procedures for the issuance and execution of the warrant and the use of evidence discovered during an inspection conducted under the authority of the warrant

This bill would provide that any person who willfully obstructs or aids in the obstruction of an inspection authorized by a warrant issued pursuant to this act is guilty of a Class C misdemeanor

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

Relating to public health, safety, and general welfare laws; to authorize an administrative official of a governmental entity involved in the administration of a public health, safety, or general welfare law to seek and obtain from a judicial officer an administrative warrant in order to enter upon premises and conduct an inspection authorized by a public welfare law; to provide procedures for the issuance and execution of the warrant and the use of evidence discovered during an inspection conducted under the authority of the warrant; to provide that any person who willfully obstructs or aids in the obstruction of an inspection authorized by a warrant issued pursuant to this act is guilty of a Class C misdemeanor; 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.