Alabama 2022 Regular Session

Alabama House Bill HB111 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB111
2	2	2 214857-1
3	3	3 By Representative Ingram
4	4	4 RFD: County and Municipal Government
5	5	5 First Read: 11-JAN-22
6	6
7	7	Page 0 1 214857-1:n:01/10/2022:HB/ma LSA2021-1698
8	8	2
9	9	3
10	10	4
11	11	5
12	12	6
13	13	7
14	14	8 SYNOPSIS: This bill would create the Police Funding
15	15	9 Protection Act.
16	16	10 This bill would also create a system in
17	17	11 which a county or municipality may not reduce the
18	18	12 operating budget of its respective law enforcement
19	19	13 agency by more than 20 percent in a 10-year period.
20	20	14 This bill would allow a budget to be reduced
21	21	15 if a county or municipality could prove that the
22	22	16 reduction was fiscally appropriate.
23	23	17 This bill would charge the Attorney General
24	24	18 with determining whether a county or municipality
25	25	19 has reduced the operating budget by more than 20
26	26	20 percent.
27	27	21 This bill would also exclude a county or
28	28	22 municipality from various funding for violations.
29	29	23
30	30	24 A BILL
31	31	25 TO BE ENTITLED
32	32	26 AN ACT
33	33	27
34	34	Page 1 1 Relating to counties and municipalities; to create
35	35	2 the Police Funding Protection Act; to provide prohibitions
36	36	3 against reducing the operating budget of local law enforcement
37	37	4 agencies; to create a rebuttable presumption and a method of
38	38	5 determination; and to provide penalties for violations.
39	39	6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
40	40	7 Section 1. This act shall be known and cited as the
41	41	8 Police Funding Protection Act.
42	42	9 Section 2. (a) For the purposes of this section, the
43	43	10 term "operating budget" means those funds appropriated to a
44	44	11 law enforcement agency including, the funds to cover personnel
45	45	12 costs, to operate and maintain equipment, and other expected
46	46	13 or estimated costs considering the quarterly or annual
47	47	14 performance.
48	48	15 (b) No governing body of any county or municipality
49	49	16 shall reduce the operating budget of its respective law
50	50	17 enforcement agency by more than 20 percent in a 10-year period
51	51	18 unless the governing body can demonstrate by clear and
52	52	19 convincing evidence that the operating budget reduction was a
53	53	20 fiscally appropriate decision as a result of a decrease in
54	54	21 revenues.
55	55	22 (c) Upon certification by the Attorney General that
56	56	23 a county or municipality has reduced the amount of its
57	57	24 respective local law enforcement agency's operating budget in
58	58	25 violation of subsection (b), the state Comptroller shall
59	59	26 withhold the distribution of the revenue described under
60	60	27 subsection (d), to which the county or municipality would
61	61	Page 2 1 otherwise be entitled, and place it into a special fund within
62	62	2 the State Treasury, until the Attorney General certifies that
63	63	3 the county or municipality has restored funding to its
64	64	4 respective law enforcement agency.
65	65	5 (d)(1) Upon a determination that a county or
66	66	6 municipality has reduced the operating budget of their
67	67	7 respective law enforcement agency as described in subsection
68	68	8 (b), and has not made a showing of the information required in
69	69	9 subsection (b), that county or municipality may not be
70	70	10 eligible for, nor receive any allocation of, state revenues
71	71	11 directly shared with local governing bodies not otherwise
72	72	12 guaranteed by the Constitution of Alabama of 1901.
73	73	13 (2) The ineligibility for receipt of state revenues
74	74	14 as provided under subdivision (1) may not be used for a
75	75	15 further reduction of law enforcement resources by the county
76	76	16 or municipality.
77	77	17 Section 3. This act shall become effective on the
78	78	18 first day of the third month following its passage and
79	79	19 approval by the Governor, or its otherwise becoming law.
80	80	Page 3