1 HB607
2 212700-2
3 By Representative Harbison (Constitutional Amendment)
4 RFD: Local Legislation
5 First Read: 07-APR-21
Page 0
1 212700-2:n:04/07/2021:LK/tgw LSA2021-1052R1
2
3
4
5
6
7
8 SYNOPSIS: Under existing law, the sheriff of a county
9 may issue a permit authorizing a person to carry a
10 pistol in a motor vehicle or concealed on or about
11 his or her person. The term of a pistol permit is
12 one to five years, and the cost of a pistol permit
13 is established by local law.
14 This bill would propose an amendment to the
15 Constitution of Alabama of 1901 relating to Cullman
16 County, to provide that the sheriff may not charge
17 any fee to a resident of the county for issuance,
18 renewal, or replacement of any pistol permit.
19 The amendment would allow an applicant for a
20 pistol permit, at time of application, to make a
21 donation to the sheriff's office. The donations
22 would be deposited into a discretionary fund for
23 use by the sheriff for law enforcement purposes.
24 The amendment would also provide that the
25 Sheriff of Cullman County shall not be required to
26 send any person any information relating to pistol
Page 1
1 permits or persons prohibited from possession of a
2 firearm, with exceptions.
3
4 A BILL
5 TO BE ENTITLED
6 AN ACT
7
8 Relating to Cullman County; to propose an amendment
9 to the Constitution of Alabama of 1901, to provide that the
10 sheriff may not charge a fee to any county resident for
11 issuance, renewal, or replacement of a pistol permit; to
12 provide that an applicant for a pistol permit may make a
13 donation to the sheriff at time of application; and to provide
14 that the sheriff shall not be required to send any information
15 relating to pistol permits or persons prohibited from
16 possession of a firearm, with exceptions.
17 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
18 Section 1. The following amendment to the
19 Constitution of Alabama of 1901, is proposed and shall become
20 valid as a part of the Constitution when all requirements of
21 this act are fulfilled:
22 PROPOSED AMENDMENT
23 (a) This amendment shall apply only to Cullman
24 County.
25 (b) The sheriff may not charge any fee to any
26 resident of the county for the issuance, renewal, or
27 replacement of a pistol permit.
Page 2
1 (c) An applicant for a pistol permit, at time of
2 application, may make a donation of any amount to the
3 sheriff's office. Any donations received under this
4 subdivision shall be deposited into a pistol permit
5 discretionary fund to be used by the sheriff's office for law
6 enforcement purposes, and may not be transferred to any other
7 fund.
8 (d) The sheriff shall not be required to send any
9 person any information relating to pistol permits or persons
10 prohibited from possession of a firearm, except when required
11 by federal law or court order.
12 (e) This amendment shall not be construed to create
13 any requirement to possess a pistol permit within the county,
14 nor to authorize the sheriff to issue, renew, or replace any
15 pistol permit other than a pistol permit established by
16 general law.
17 Section 2. An election upon the proposed amendment
18 shall be held in accordance with Section 284.01 of the
19 Constitution of Alabama of 1901, now appearing as Section
20 284.01 of the Official Recompilation of the Constitution of
21 Alabama of 1901, as amended, and the election laws of this
22 state.
23 Section 3. The appropriate election official shall
24 assign a ballot number for the proposed constitutional
25 amendment on the election ballot and shall set forth the
26 following description of the substance or subject matter of
27 the proposed constitutional amendment:
Page 3
1 "Relating to Cullman County, proposing an amendment
2 to the Constitution of Alabama of 1901, to provide that the
3 sheriff may not charge any fee for the issuance, renewal, or
4 replacement of a pistol permit; to provide that applicants for
5 pistol permits may make a donation to the sheriff's office;
6 and to provide that the sheriff shall not be required to send
7 any person any information relating to pistol permits or
8 persons prohibited from possession of a firearm, except when
9 required by federal law or court order.
10 "Proposed by Act _________"
11 This description shall be followed by the following
12 language:
13 "Yes ( ) No ( )."
Page 4