Alabama 2024 Regular Session

Alabama House Bill HB374 Compare Versions

Only one version of the bill is available at this time.
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11 HB374INTRODUCED
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33 HB374
44 AKV2QQ7-1
55 By Representatives Whorton, Rehm, Reynolds, Whitt, Crawford,
66 Marques, Sorrells, Smith, Pettus
77 RFD: State Government
88 First Read: 21-Mar-24
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1414 6 AKV2QQ7-1 03/04/2024 MAP (L)ma 2024-504
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1616 First Read: 21-Mar-24
1717 SYNOPSIS:
1818 This bill would increase the fees for volunteer
1919 and professional firefighter distinctive motor vehicle
2020 license plates and would provide for the distribution
2121 of the fees collected.
2222 Section 111.05 of the Constitution of Alabama of
2323 2022 prohibits a general law whose purpose or effect
2424 would be to require a new or increased expenditure of
2525 local funds from becoming effective without enactment
2626 by a 2/3 vote unless: it comes within one of a number
2727 of specified exceptions; it is approved by the affected
2828 entity; or the Legislature appropriates funds, or
2929 provides a local source of revenue, to the entity for
3030 the purpose.
3131 The purpose or effect of this bill would be to
3232 require a new or increased expenditure of local funds
3333 within the meaning of the section. However, the bill
3434 does not require approval of a local governmental
3535 entity or enactment by a 2/3 vote to become effective
3636 because it comes within one of the specified exceptions
3737 contained in the section.
3838 A BILL
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6868 A BILL
6969 TO BE ENTITLED
7070 AN ACT
7171 Relating to motor vehicle registration; to amend
7272 Sections 32-6-271 and 32-6-280, Code of Alabama 1975, to
7373 increase the fees for volunteer and professional firefighter
7474 distinctive motor vehicle license plates and to provide for
7575 the distribution of the fees collected.
7676 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7777 Section 1. Sections 32-6-271 and 32-6-280, Code of
7878 Alabama 1975, are amended to read as follows:
7979 "§32-6-271
8080 (a) A firefighter, upon application and subject to this
8181 division, may be issued a distinctive motor vehicle license
8282 plate as identification as a firefighter. In addition to the
8383 proper numbers, words, and insignias used on the standard
8484 license plate issued for motor vehicles, the distinctive
8585 plates issued to firefighters shall bear a red Maltese cross
8686 emblem on each side to the left and right of the regular tag
8787 numbers. The words "Fire Fighter" word "Firefighter" should be
8888 centered at the bottom of the license plate.
8989 (b) In addition to any other fees provided for by law,
9090 an annual additional fee of one dollarten dollars ($1.00)($10)
9191 is added to the cost of the firefighter distinctive license
9292 plate provided for in this division, effective January 1,
9393 20222025. The combined annual additional fee fees collected
9494 pursuant to this section shall be distributed by each
9595 licensing official to the state Comptroller. The state
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125125 licensing official to the state Comptroller. The state
126126 Comptroller, who shall distribute the total net proceeds
127127 monthly as follows:
128128 (1) Fifty cents ($.50) One dollar fifty cents ($1.50)
129129 shall be deposited into a fund managed by the Alabama Joint
130130 Fire Council and shall be used for the purpose of expanding
131131 and maintaining the Alabama Firefighter Memorial located in
132132 Tuscaloosa.
133133 (2) Fifty cents ($.50) One dollar fifty cents ($1.50)
134134 shall be distributed to the Alabama Joint Fire Council to be
135135 used for expenses associated with the Firefighter Peer Support
136136 Program.
137137 (3) Three dollars fifty cents ($3.50) shall be
138138 distributed to the board of the Alabama Firefighters Annuity
139139 and Benefit Fund.
140140 (4) Three dollars fifty cents ($3.50) shall be
141141 distributed to the secretary-treasurer of the State of Alabama
142142 Firefighters Emergency Relief Fund.
143143 (c) The funds generated by thisthe additional fee shall
144144 be subject to audit from either the Department of Examiners of
145145 Public Accounts or an independent certified public accountant
146146 once every three calendar years effectivebeginning January 1,
147147 20222025."
148148 "§32-6-280
149149 (a) As used in this sectiondivision, the following
150150 terms shall have the following meanings:
151151 (1) Professional firefighter PROFESSIONAL FIREFIGHTER.
152152 means aA paid member of a paid or part-paid fire department of
153153 a city, town, county, or other subdivision of the state,
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183183 a city, town, county, or other subdivision of the state,
184184 including the chief, assistant chief, warden, engineer,
185185 captain, firemen firefighters, and all other officers and
186186 employees of the department who actually engage in fire
187187 fighting firefighting or rendering first aid at the scene of
188188 an accident.
189189 (2) Retired professional firefighter RETIRED
190190 PROFESSIONAL FIREFIGHTER. means aA retired member of a paid or
191191 part-paid fire department of a city, town, county, or other
192192 subdivision of the state, including the chief, assistant
193193 chief, warden, engineer, captain, firemen firefighters, and
194194 all other officers and employees of the department who
195195 actually engaged in fire fighting firefighting or rendering
196196 first aid at the scene of an accident. Notwithstanding any
197197 other provision of this division, retired professional
198198 firefighterthe term includes a retired professional
199199 firefighter who is a resident of this state and who has
200200 retired from a professional fire department in another state
201201 and otherwise meets the requirements of this sectiondivision.
202202 (b)(1) Notwithstanding Sections 32-6-64, 32-6-67, and
203203 32-6-68, a professional firefighter or a retired professional
204204 firefighter, upon application and subject to the provisions of
205205 this sectiondivision, may be issued a distinctive motor
206206 vehicle license plate as identification as a professional
207207 firefighter or a retired professional firefighter , and a
208208 professional firefighter, upon application and subject to this
209209 section, may be issued a distinctive motor vehicle license
210210 plate as identification as a professional firefighter .
211211 (2) In addition to the proper numbers, words, and
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241241 (2) In addition to the proper numbers, words, and
242242 insignias used on the standard license plate issued for motor
243243 vehicles, the distinctive plates solicense plate issued for a
244244 retired professional firefighter shall have a design created
245245 by the state association of professional firefighters in
246246 coordination with the Mobile Retired Firefighters and
247247 Paramedics Association and the Tuscaloosa Retired Firefighters
248248 Association, and the distinctive license plate so issued for a
249249 professional firefighter shall have a design created by the
250250 state association of professional firefighters.
251251 (c)(1) The distinctive license plates provided hereinin
252252 this division shall be approved by the Commissioner of Revenue
253253 and shall be issued through the judge of probate, license
254254 commissioner, or other license issuing official of the several
255255 counties of the state in the same manner as are other motor
256256 vehicle license plates and the officers shall be entitled to
257257 their regular fees for the service.
258258 (2) By December 1 of each year, the Firefighters'
259259 Personnel Standards and Education Commission shall submit to
260260 the judge of probate, the license commissioner, or other
261261 license issuing official of each county a list of eligible
262262 professional firefighters and retired professional
263263 firefighters retired from paid or part-paid fire departments
264264 under this section . The Firefighters' Personnel Standards and
265265 Education Commission shall also add to the list any retired
266266 professional firefighter retired from a paid or part-paid fire
267267 department infrom another state who submits proof to the
268268 commission of eligibility pursuant to this division. The
269269 Firefighters' Personnel Standards and Education Commission
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299299 Firefighters' Personnel Standards and Education Commission
300300 shall also submit to the judge of probate, the license
301301 commissioner, or other license issuing official of each county
302302 a list of eligible professional firefighters from paid or
303303 part-paid fire departments.
304304 (3) Any personindividual who joins a paid or part-paid
305305 fire department after December 1 of any year or any
306306 personindividual who is omitted from the list prepared as
307307 described in subdivision (2) may obtain a distinctive license
308308 plate by presenting to the license issuing official proof of
309309 his or her membership in a paid or part-paid fire department
310310 by means of a certificate signed by the chief of the
311311 department on a form prescribed by the Firefighters' Personnel
312312 Standards and Education Commission.
313313 (4) Upon the initial application for a retired
314314 professional firefighter distinctive license plate under this
315315 sectiondivision, an applicant for a distinctive license plate
316316 provided in this sectiondivision shall present to the judge of
317317 probate, the license commissioner, or other license issuing
318318 official of the county, proof of his or her retirement from a
319319 fire department that is included on the list provided by the
320320 Firefighters' Personnel Standards and Education Commission.
321321 Proof of the person'sindividual's retirement from a fire
322322 department included on thethat list from the Firefighters'
323323 Personnel Standards and Education Commission is not required
324324 for renewal of the distinctive license plate.
325325 (5) Upon the applicant submitting proof of his or her
326326 identification, the professional firefighter or retired
327327 professional firefighter shall be issued the requested number
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357357 professional firefighter shall be issued the requested number
358358 of distinctive license plates upon the payment of the regular
359359 fee for license plates, as provided by law, but shall not be
360360 required to pay the three dollar ($3) fee.
361361 (6) Upon the applicant submitting proof of his or her
362362 identification, the retired professional firefighter shall be
363363 issued the requested number of distinctive license plates upon
364364 the payment of the regular license fee for plates, as provided
365365 by law, but shall not be required to pay the three dollar ($3)
366366 fee.
367367 (7)(6) The distinctive license plates so issued shall
368368 be used only upon and for personally owned, private passenger
369369 vehicles, to include station wagons and pick-up trucks,
370370 registered in the name of the retired professional firefighter
371371 or professional firefighter making application therefor, and
372372 when so issued to the applicant shall be used upon the vehicle
373373 for which issued in lieu of the standard license plates
374374 normally issued for the vehicle.
375375 (8)a.(7)a. In addition to any other fees provided for
376376 by law, an annual additional fee of one dollar ($1.00)($1) is
377377 added to the cost of the retired professional firefighter and
378378 the professional firefighter distinctive license plates
379379 provided for in this division, effective January 1, 2022. The
380380 annual additional fee collected pursuant to this
381381 sectionparagraph shall be distributed by each licensing
382382 official to the state Comptroller, who shall distribute
383383 monthly fifty cents ($0.50) of each fee into a fund managed by
384384 the Alabama Joint Fire Council to be used for the purpose of
385385 expanding and maintaining the Alabama Firefighter Memorial
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415415 expanding and maintaining the Alabama Firefighter Memorial
416416 located in Tuscaloosa and fifty cents ($0.50) of each fee to
417417 the Alabama Joint Fire Council to be used for expenses
418418 associated with the First Responder Peer Support Program.
419419 b. Effective January 1, 2025, an annual additional fee
420420 of ten dollars ($10) is added to the cost of the professional
421421 firefighter distinctive license plates provided for in this
422422 paragraph. The combined fees shall be distributed by each
423423 licensing official to Thethestate Comptroller, who shall
424424 distribute the total net proceeds monthly as follows:
425425 1. Fifty cents ($.50) One dollar fifty cents ($1.50)
426426 shall be deposited into a fund managed by the Alabama Joint
427427 Fire Council and shall be used for the purpose of expanding
428428 and maintaining the Alabama Firefighter Memorial located in
429429 Tuscaloosa.
430430 2. Fifty cents ($.50) One dollar fifty cents ($1.50)
431431 shall be distributed to the Alabama Joint Fire Council to be
432432 used for expenses associated with the Firefighter Peer Support
433433 Program.
434434 3. Three dollars fifty cents ($3.50) shall be
435435 distributed to the board of the Alabama Firefighters Annuity
436436 and Benefit Fund.
437437 4. Three dollars fifty cents ($3.50) shall be
438438 distributed to the secretary-treasurer of the State of Alabama
439439 Firefighters Emergency Relief Fund.
440440 b.c. The funds generated by thisthe additional fee
441441 shall be subject to audit from either the Department of
442442 Examiners of Public Accounts or an independent certified
443443 public accountant once every three calendar years
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473473 public accountant once every three calendar years
474474 effectivebeginning January 1, 2022.
475475 (9)(8) Anyone who is proven to have either falsely
476476 obtained or certified an individual to obtain a distinctive
477477 professional firefighter or retired professional firefighter
478478 license plate or a distinctive professional firefighter
479479 license plate shall be guilty of a Class C misdemeanor, and
480480 upon conviction, shall be punished according to law.
481481 (d) Retired professional firefightersfirefighter
482482 distinctive license plates and professional firefighter
483483 distinctive license plates as provided by this section shall
484484 be prepared and furnished for the licensing year commencing
485485 January 1, 2012, and thereafter as is provided by law for the
486486 issuance of other license plates. Professional firefighters
487487 distinctive license plates as provided by this section shall
488488 be prepared and furnished for the licensing year commencing
489489 January 1, 2016, and thereafter as is provided by law for the
490490 issuance of other license plates.
491491 (e) The Department of Revenue may adopt any rules
492492 necessary to administer this sectiondivision."
493493 Section 2. Although this bill would have as its purpose
494494 or effect the requirement of a new or increased expenditure of
495495 local funds, the bill is excluded from further requirements
496496 and application under Section 111.05 of the Constitution of
497497 Alabama of 2022, because the bill defines a new crime of
498498 amends the definition of an existing crime.
499499 Section 3. This act shall become effective on October
500500 1, 2024.
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