HB314INTRODUCED
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HB314
XCPWZ77-1
By Representatives Travis, Lovvorn, Standridge, Bolton,
McCampbell, Gray, Kirkland
RFD: Public Safety and Homeland Security
First Read: 07-Mar-24
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6 XCPWZ77-1 03/07/2024 MAP (L)ma 2024-833
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First Read: 07-Mar-24
SYNOPSIS:
Under existing law, volunteer firefighters are
eligible to receive a firefighter distinctive license
plate.
This bill would expand eligibility for the
firefighter distinctive license plate to include fire
chaplains.
Section 111.05 of the Constitution of Alabama of
2022, 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 section. 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 section.
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A BILL
TO BE ENTITLED
AN ACT
Relating to motor vehicle registrations and license
plates; to amend Section 32-6-271, Code of Alabama 1975, to
expand eligibility for the firefighter distinctive license
plate to include fire chaplains; 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
Section 111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-6-271, Code of Alabama 1975, is
amended to read as follows:
"ยง32-6-271
(a)(1) A firefighter, upon application and subject to
this division, may be issued a distinctive motor vehicle
license plate as identification as a firefighter. In addition
to the proper numbers, words, and insignias used on the
standard license plate issued for motor vehicles, the
firefighter distinctive license plates issued to firefighters
shall bear a red Maltese cross emblem on each side to the left
and right of the regular tag numbers. The words "Fire Fighter"
should be centered at the bottom of the license plate.
(2)a. A fire chaplain, who is a member of the Alabama
Fellowship of Fire Chaplains, upon application and subject to
this division, may be issued one firefighter distinctive
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this division, may be issued one firefighter distinctive
license plate.
b. Proof of service as a fire chaplain shall be
verified by an affidavit signed by the President of the
Alabama Fellowship of Fire Chaplains attesting that the
applicant is a member in good standing of that organization
and eligible to receive the firefighter distinctive license
plate. An individual who is no longer a member in good
standing of the Alabama Fellowship of Fire Chaplains is
ineligible to receive the firefighter distinctive license
plate.
(b) In addition to any other fees provided for by law,
an annual additional fee of one dollar ($1.00) is added to the
cost of the firefighter distinctive license plate provided for
in this division, effective January 1, 2022. The annual
additional fee collected pursuant to this section shall be
distributed by each licensing official to the state
Comptroller, . The state Comptroller who shall distribute the
net proceeds monthly as follows:
(1) Fifty cents ($.50) shall be deposited into a fund
managed by the Alabama Joint Fire Council and shall be used
for the purpose of expanding and maintaining the Alabama
Firefighter Memorial located in Tuscaloosa.
(2) Fifty cents ($.50) shall be distributed to the
Alabama Joint Fire Council to be used for expenses associated
with the Firefighter Peer Support Program.
(3) Fees collected for firefighter distinctive license
plates issued to fire chaplains shall be distributed to the
Alabama Fellowship of Fire Chaplains.
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Alabama Fellowship of Fire Chaplains.
(c) The funds generated by this fee shall be subject to
audit from either the Department of Examiners of Public
Accounts or an independent certified public accountant once
every three calendar years effective January 1, 2022.
(d) The firefighter distinctive license plates issued
under this section shall be used only upon and for personally
owned, private passenger vehicles, to include station wagons
and pick-up trucks, registered in the name of the applicant
and, when issued to the applicant, shall be used upon the
vehicle for which it is issued in lieu of the standard license
plate normally issued for the vehicle.
(e) Any individual who is proven to have falsely
obtained or falsely certified an individual to obtain a
firefighter distinctive license plate issued under this
section shall be guilty of a Class C misdemeanor and, upon
conviction, shall be punished according to law.
(f) The Department of Revenue may adopt any rules
necessary to administer this section. "
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on January
1, 2025.
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