117663-1:n:02/03/2010:DA/th LRS2010-837
| SYNOPSIS: | This bill would prohibit a person from carrying or possessing a stun gun or taser on any school property or any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity and would provide for fines upon violations. |
| 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 prohibit a person from carrying or possessing a stun gun or taser on school property or any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity; to provide for fines upon violations; 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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. As used in this act, stun gun or taser shall mean all of the following:
(1) Any device which is powered by electrical charging units, such as batteries, which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render the person incapable of normal functioning.
(2) Any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send a current capable of disrupting the person's nervous system in such a manner as to render the person incapable of normal functioning.
Section 2. (a) A person shall not carry or possess a stun gun or taser on the real property of any school, regardless of the time of day or the time of year, or on any conveyance owned, contracted for, or leased by a school to transport students to or from school or a school-related activity.
(b) A person violating this subsection shall be fined five hundred dollars ($500) and for each subsequent violation, a person shall be fined eight hundred dollars ($800).
Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.