HB425 By Representatives Pettus, Millican, Shedd, Harbison, Beckman, Knight, Brown, Hanes, Farley, Patterson, Henry, Butler, Jackson, Alexander, Standridge and Rowe RFD State Government Rd 1 16-MAR-17

SYNOPSIS: Under existing law, in 2013, the Alabama State Law Enforcement Agency (ALEA) was created, and on January 1, 2015, the law enforcement functions of various offices, departments, divisions, entities, and agencies of the state, including the Department of Public Safety and all of its divisions, the Alabama Bureau of Investigation, the Marine Police Division of the Department of Conservation and Natural Resources, the Department of Homeland Security, the Alabama Criminal Justice Information Center, the law enforcement unit of the Alabama Alcoholic Beverage Control Board, the investigative unit of the Alabama Forestry Commission, the investigative unit of the Department of Agriculture and Industries, the law enforcement unit of the Public Service Commission, and the revenue enforcement officers of the Department of Revenue, were all consolidated within ALEA. Under existing law, the position of Secretary of ALEA was created and the secretary was designated the executive head of ALEA as well as the Director of Homeland Security. Under existing law, two divisions were established within ALEA, the Department of Public Safety and the State Bureau of Investigations.

Under existing law, the Code Commissioner was directed to conform references in the Code of Alabama 1975, to the offices, departments, divisions, and other entities consolidated into ALEA and to reflect the changes made by the consolidation.

This bill would return the law enforcement functions consolidated within ALEA to the offices, departments, divisions, and other entities and agencies with which they existed before the creation of ALEA. This bill would abolish ALEA and would direct the Code Commissioner to make conforming changes in the Code of Alabama 1975.

A BILL TO BE ENTITLED AN ACT

Relating to the Alabama State Law Enforcement Agency; to repeal Section 29-7-14 and Article 1 of Chapter 27 of Title 41, comprised of Sections 41-27-1 to 41-27-9, inclusive, of the Code of Alabama 1975; to return the law enforcement functions consolidated within the Alabama State Law Enforcement Agency to the offices, departments, divisions, and other entities and agencies with which they existed before the creation of ALEA and abolish ALEA; and to direct the Code Commissioner to make conforming changes in the Code of Alabama 1975.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 29-7-14 of the Code of Alabama 1975, directing the Code Commissioner to conform certain references related to the creation of the Alabama State Law Enforcement Agency, is repealed.

Section 2. One year after the effective date of this act, Article 1 of Chapter 27 of Title 41, comprised of Sections 41-27-1 to 41-27-9, inclusive, of the Code of Alabama 1975, creating the Alabama State Law Enforcement Agency and the Secretary of Law Enforcement and consolidating various offices, departments, divisions, and other entities into that agency, is repealed.

Section 3. (a) On the effective date of this act, all functions, powers, authority, duties, and jurisdiction and all books, records, funds, equipment, and personnel of the Alabama State Law Enforcement Agency, established pursuant to Article 1 of Chapter 27 of Title 41 of the Code of Alabama 1975, are transferred to and reestablished within the offices, departments, divisions, and entities, and agencies in which they existed before January 1, 2015. The Alabama State Law Enforcement Agency shall have one year from the effective date of this act to implement the transfers provided for in this act, and at that time, the various offices, departments, divisions, and entities, and agencies consolidated into the Alabama State Law Enforcement Agency shall exist and function in the same manner as they functioned before January 1, 2015.

(b) One year following the effective date of this act, the Alabama State Law Enforcement Agency is abolished.

Section 4. The Code Commissioner shall conform references to the Alabama State Law Enforcement Agency in the Code of Alabama 1975, to the units, departments, divisions, and other state entities as they existed before January 1, 2015. Code changes shall be made at a time determined to be appropriate by the Code Commissioner.

Section 5. 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.

Alabama State Law Enforcement Agency

Public Safety

State Agencies

Alabama Bureau of Investigation

Homeland Security Department

Marine Police

Law Enforcement

Law Enforcement Officers

Code Repealed