HB382 By Representative Ford RFD Judiciary Rd 1 02-APR-15

SYNOPSIS: Under existing law, there is no specific crime which makes it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol.

This bill would make it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol.

This bill would provide certain exceptions and criminal penalties.

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.

A BILL TO BE ENTITLED AN ACT

Relating to alcohol; to prohibit the sale, use, or offer to sell powdered alcohol; to provide exceptions and 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For purposes of this section, "powdered alcohol" is alcohol sold in a powder form, for either direct use or reconstituted with water or food.

(b) It shall be unlawful for any person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol.

(c) This section shall not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution, a pharmaceutical company, or a biotechnology company conducting bona fide research.

(d) A person or business establishment knowingly and unlawfully possessing a powdered alcohol product shall be fined not more than five hundred dollars ($500).

(e) A person or business establishment knowingly and unlawfully selling a powdered alcohol product shall be guilty of a Class C felony.

Section 2. 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 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Alcoholic Beverages

Powdered Alcohol

Crimes and Offenses

Criminal Law and Procedure