HB374INTRODUCED
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HB374
AKV2QQ7-1
By Representatives Whorton, Rehm, Reynolds, Whitt, Crawford,
Marques, Sorrells, Smith, Pettus
RFD: State Government
First Read: 21-Mar-24
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6 AKV2QQ7-1 03/04/2024 MAP (L)ma 2024-504
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First Read: 21-Mar-24
SYNOPSIS:
This bill would increase the fees for volunteer
and professional firefighter distinctive motor vehicle
license plates and would provide for the distribution
of the fees collected.
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 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.
A BILL
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A BILL
TO BE ENTITLED
AN ACT
Relating to motor vehicle registration; to amend
Sections 32-6-271 and 32-6-280, Code of Alabama 1975, to
increase the fees for volunteer and professional firefighter
distinctive motor vehicle license plates and to provide for
the distribution of the fees collected.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 32-6-271 and 32-6-280, Code of
Alabama 1975, are amended to read as follows:
"§32-6-271
(a) 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 distinctive
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" word "Firefighter" should be
centered at the bottom of the license plate.
(b) In addition to any other fees provided for by law,
an annual additional fee of one dollarten dollars ($1.00)($10)
is added to the cost of the firefighter distinctive license
plate provided for in this division, effective January 1,
20222025. The combined annual additional fee fees collected
pursuant to this section shall be distributed by each
licensing official to the state Comptroller. The state
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licensing official to the state Comptroller. The state
Comptroller, who shall distribute the total net proceeds
monthly as follows:
(1) Fifty cents ($.50) One dollar fifty cents ($1.50)
shall be deposited into a fund managed by the Alabama Joint
Fire Council and shall be used for the purpose of expanding
and maintaining the Alabama Firefighter Memorial located in
Tuscaloosa.
(2) Fifty cents ($.50) One dollar fifty cents ($1.50)
shall be distributed to the Alabama Joint Fire Council to be
used for expenses associated with the Firefighter Peer Support
Program.
(3) Three dollars fifty cents ($3.50) shall be
distributed to the board of the Alabama Firefighters Annuity
and Benefit Fund.
(4) Three dollars fifty cents ($3.50) shall be
distributed to the secretary-treasurer of the State of Alabama
Firefighters Emergency Relief Fund.
(c) The funds generated by thisthe additional 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 effectivebeginning January 1,
20222025."
"§32-6-280
(a) As used in this sectiondivision, the following
terms shall have the following meanings:
(1) Professional firefighter PROFESSIONAL FIREFIGHTER.
means aA paid member of a paid or part-paid fire department of
a city, town, county, or other subdivision of the state,
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a city, town, county, or other subdivision of the state,
including the chief, assistant chief, warden, engineer,
captain, firemen firefighters, and all other officers and
employees of the department who actually engage in fire
fighting firefighting or rendering first aid at the scene of
an accident.
(2) Retired professional firefighter RETIRED
PROFESSIONAL FIREFIGHTER. means aA retired member of a paid or
part-paid fire department of a city, town, county, or other
subdivision of the state, including the chief, assistant
chief, warden, engineer, captain, firemen firefighters, and
all other officers and employees of the department who
actually engaged in fire fighting firefighting or rendering
first aid at the scene of an accident. Notwithstanding any
other provision of this division, retired professional
firefighterthe term includes a retired professional
firefighter who is a resident of this state and who has
retired from a professional fire department in another state
and otherwise meets the requirements of this sectiondivision.
(b)(1) Notwithstanding Sections 32-6-64, 32-6-67, and
32-6-68, a professional firefighter or a retired professional
firefighter, upon application and subject to the provisions of
this sectiondivision, may be issued a distinctive motor
vehicle license plate as identification as a professional
firefighter or a retired professional firefighter , and a
professional firefighter, upon application and subject to this
section, may be issued a distinctive motor vehicle license
plate as identification as a professional firefighter .
(2) In addition to the proper numbers, words, and
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(2) In addition to the proper numbers, words, and
insignias used on the standard license plate issued for motor
vehicles, the distinctive plates solicense plate issued for a
retired professional firefighter shall have a design created
by the state association of professional firefighters in
coordination with the Mobile Retired Firefighters and
Paramedics Association and the Tuscaloosa Retired Firefighters
Association, and the distinctive license plate so issued for a
professional firefighter shall have a design created by the
state association of professional firefighters.
(c)(1) The distinctive license plates provided hereinin
this division shall be approved by the Commissioner of Revenue
and shall be issued through the judge of probate, license
commissioner, or other license issuing official of the several
counties of the state in the same manner as are other motor
vehicle license plates and the officers shall be entitled to
their regular fees for the service.
(2) By December 1 of each year, the Firefighters'
Personnel Standards and Education Commission shall submit to
the judge of probate, the license commissioner, or other
license issuing official of each county a list of eligible
professional firefighters and retired professional
firefighters retired from paid or part-paid fire departments
under this section . The Firefighters' Personnel Standards and
Education Commission shall also add to the list any retired
professional firefighter retired from a paid or part-paid fire
department infrom another state who submits proof to the
commission of eligibility pursuant to this division. The
Firefighters' Personnel Standards and Education Commission
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Firefighters' Personnel Standards and Education Commission
shall also submit to the judge of probate, the license
commissioner, or other license issuing official of each county
a list of eligible professional firefighters from paid or
part-paid fire departments.
(3) Any personindividual who joins a paid or part-paid
fire department after December 1 of any year or any
personindividual who is omitted from the list prepared as
described in subdivision (2) may obtain a distinctive license
plate by presenting to the license issuing official proof of
his or her membership in a paid or part-paid fire department
by means of a certificate signed by the chief of the
department on a form prescribed by the Firefighters' Personnel
Standards and Education Commission.
(4) Upon the initial application for a retired
professional firefighter distinctive license plate under this
sectiondivision, an applicant for a distinctive license plate
provided in this sectiondivision shall present to the judge of
probate, the license commissioner, or other license issuing
official of the county, proof of his or her retirement from a
fire department that is included on the list provided by the
Firefighters' Personnel Standards and Education Commission.
Proof of the person'sindividual's retirement from a fire
department included on thethat list from the Firefighters'
Personnel Standards and Education Commission is not required
for renewal of the distinctive license plate.
(5) Upon the applicant submitting proof of his or her
identification, the professional firefighter or retired
professional firefighter shall be issued the requested number
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professional firefighter shall be issued the requested number
of distinctive license plates upon the payment of the regular
fee for license plates, as provided by law, but shall not be
required to pay the three dollar ($3) fee.
(6) Upon the applicant submitting proof of his or her
identification, the retired professional firefighter shall be
issued the requested number of distinctive license plates upon
the payment of the regular license fee for plates, as provided
by law, but shall not be required to pay the three dollar ($3)
fee.
(7)(6) The distinctive license plates so issued 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 retired professional firefighter
or professional firefighter making application therefor, and
when so issued to the applicant shall be used upon the vehicle
for which issued in lieu of the standard license plates
normally issued for the vehicle.
(8)a.(7)a. In addition to any other fees provided for
by law, an annual additional fee of one dollar ($1.00)($1) is
added to the cost of the retired professional firefighter and
the professional firefighter distinctive license plates
provided for in this division, effective January 1, 2022. The
annual additional fee collected pursuant to this
sectionparagraph shall be distributed by each licensing
official to the state Comptroller, who shall distribute
monthly fifty cents ($0.50) of each fee into a fund managed by
the Alabama Joint Fire Council to be used for the purpose of
expanding and maintaining the Alabama Firefighter Memorial
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expanding and maintaining the Alabama Firefighter Memorial
located in Tuscaloosa and fifty cents ($0.50) of each fee to
the Alabama Joint Fire Council to be used for expenses
associated with the First Responder Peer Support Program.
b. Effective January 1, 2025, an annual additional fee
of ten dollars ($10) is added to the cost of the professional
firefighter distinctive license plates provided for in this
paragraph. The combined fees shall be distributed by each
licensing official to Thethestate Comptroller, who shall
distribute the total net proceeds monthly as follows:
1. Fifty cents ($.50) One dollar fifty cents ($1.50)
shall be deposited into a fund managed by the Alabama Joint
Fire Council and shall be used for the purpose of expanding
and maintaining the Alabama Firefighter Memorial located in
Tuscaloosa.
2. Fifty cents ($.50) One dollar fifty cents ($1.50)
shall be distributed to the Alabama Joint Fire Council to be
used for expenses associated with the Firefighter Peer Support
Program.
3. Three dollars fifty cents ($3.50) shall be
distributed to the board of the Alabama Firefighters Annuity
and Benefit Fund.
4. Three dollars fifty cents ($3.50) shall be
distributed to the secretary-treasurer of the State of Alabama
Firefighters Emergency Relief Fund.
b.c. The funds generated by thisthe additional 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
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public accountant once every three calendar years
effectivebeginning January 1, 2022.
(9)(8) Anyone who is proven to have either falsely
obtained or certified an individual to obtain a distinctive
professional firefighter or retired professional firefighter
license plate or a distinctive professional firefighter
license plate shall be guilty of a Class C misdemeanor, and
upon conviction, shall be punished according to law.
(d) Retired professional firefightersfirefighter
distinctive license plates and professional firefighter
distinctive license plates as provided by this section shall
be prepared and furnished for the licensing year commencing
January 1, 2012, and thereafter as is provided by law for the
issuance of other license plates. Professional firefighters
distinctive license plates as provided by this section shall
be prepared and furnished for the licensing year commencing
January 1, 2016, and thereafter as is provided by law for the
issuance of other license plates.
(e) The Department of Revenue may adopt any rules
necessary to administer this sectiondivision."
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 of
amends the definition of an existing crime.
Section 3. This act shall become effective on October
1, 2024.
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