HB36 Alabama 2020 Session

Existing law provides for the commission of the crime of unauthorized entry of a critical infrastructure

This bill would further provide for the crime of unauthorized entry of a critical infrastructure by prohibiting the operation of an unmanned aircraft system, or drone, to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a critical infrastructure except under certain conditions

This bill would further define the term critical infrastructure to include the term pipeline

This bill would provide enhanced criminal penalties when a person damages a critical infrastructure while committing the crime of unauthorized entry of a critical infrastructure

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 criminal trespass; to amend Section 13A-7-4.3, Code of Alabama 1975, to further provide for the crime of unauthorized entry of a critical infrastructure; to further provide 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.