HB86 Alabama 2013 Session

Under existing law, the operator of a commercial motor vehicle is required to operate the vehicle in compliance with certain designated federal motor carrier safety regulations as prescribed by the U.S. Department of Transportation. Failure to comply may be enforced by certain trained law enforcement officers

The existing law does not specifically designate compliance with U.S. Department of Transportation regulations in 49 C.F.R., Parts 385, Safety Fitness Procedures; Part 386, Rules of Practice for Motor Carrier, Broker, Freight Forwarding, and Hazardous Material Proceedings; and Part 387, Minimum Levels of Financial Responsibility for Motor Carriers

This bill would include the requirement in state law that an operator of a commercial motor vehicle be in compliance with the above federal regulations

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 32-9A-2 of the Code of Alabama 1975, relating to commercial motor vehicles; to further require compliance under state law with certain federal regulations of the U.S. Department of Transportation; 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.