SB110 Alabama 2011 Session

Under existing law, a person who drives a motor vehicle while his or her driver's license or driving privilege is cancelled, denied, suspended, or revoked is guilty of a misdemeanor punishable by a minimum fine of $100 up to a maximum of $500 and imprisonment of no more than 180 days

Existing law further provides that a person operating a motor vehicle while his or her driver's license or driving privilege is suspended as a consequence of a DUI-related offense shall have his or her car impounded

This bill would provide that a person convicted for a third or subsequent time for operating a motor vehicle while his or her license or driving privilege is cancelled, denied, suspended, or revoked when his or her license or driving privilege was cancelled, denied, suspended, or revoked as a consequence of a DUI-related offense would be guilty of a Class A misdemeanor with a minimum mandatory sentence of 30 days in jail

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 Section 32-6-19 of the Code of Alabama 1975, relating to violations for driving while license or driving privilege is cancelled, denied, suspended, or revoked; to provide that a person convicted for a third or subsequent time when his or her license or driving privilege was cancelled, denied, suspended, or revoked as a consequence of a DUI-related offense would be guilty of a Class A misdemeanor with a minimum mandatory sentence of 30 days in jail; 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.