HB254 Alabama 2010 Session

Under existing law, the Department of Labor is charged with the duty of inspecting boiler and pressure vessels

This bill would authorize the chief inspector to issue written warnings and citations for violations and would provide for civil penalties to be assessed for violations to be deposited in the State General Fund

This bill would provide that special inspectors, their employees, agents, or employers would have the same liability as deputy inspectors

Under existing law, no provision is made for fees for the examination and certificate of competency for inspectors

This bill would allow the Board of Boilers and Pressure Vessels to impose fees for those purposes

Existing law does not specifically provide for the department to inspect boilers and pressure vessels being operated in the state to determine if they are being operated safely

This bill would make this provision

Existing law does not specify the class of misdemeanor for operating without a valid inspection certificate

This bill would specify that a criminal violation would be a Class C misdemeanor

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 amend Sections 25-12-8, 25-12-10, 25-12-11, 25-12-14, and 25-12-17 of the Code of Alabama 1975, relating to the Boiler and Pressure Vessel Safety Act; to provide further for the duties and powers of the chief inspector; to further provide for the liability of special inspectors, their employees, agents, or employers; to provide for fees to be set by the board for the examination and certificate of competency; to provide for access where a boiler or pressure vessel is being operated; to specify the 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.