HB123 Alabama 2020 Session

This bill would provide that federal laws, federal and state court decisions, and federal and state executive orders pertaining to the implementation or enforcement of extreme risk protection orders are void in this state

This bill would prohibit this state, any of its agencies, and any of its political subdivisions or their agencies from accepting any federal grants that may become available for the intended purpose of implementing or enforcing extreme risk protection orders against residents of this state

This bill would also make it a Class D felony to attempt to enforce an extreme risk protection order issued by a federal court or pursuant to federal law

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 safety; to provide that federal laws, federal and state court decisions, and federal and state executive orders pertaining to the implementation or enforcement of extreme risk protection orders are void in this state; to prohibit this state, any of its agencies, and any of its political subdivisions or their agencies from accepting any federal grants that may become available for the intended purpose of implementing or enforcing extreme risk protection orders against residents of this state; to make it a Class D felony to attempt to enforce an extreme risk protection order issued by a federal court or pursuant to federal law; and in connection therewith would have as its purpose or effect the requirement of a anew 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.