HB41 Alabama 2017 Session

Under existing law, the diversion of or unauthorized use of gas, electricity, or water utility services constitutes the crimes of theft of services and tampering with the availability of utility services

This bill would specify that the unauthorized use of or diversion of sewer services also constitutes theft of services and tampering with availability of utility services

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-8-10 and 13A-8-23 of the Code of Alabama 1975, to specify that the diversion of or unauthorized use of sewer services constitutes theft of services and tampering with availability of utility services; 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.