SB108INTRODUCED
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SB108
D8LYHNH-1
By Senators Orr, Williams, Butler, Melson, Kitchens, Bell,
Livingston, Hovey, Sessions, Shelnutt, Elliott, Allen, Gudger,
Price, Barfoot, Jones
RFD: Fiscal Responsibility and Economic Development
First Read: 15-Feb-24
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7 D8LYHNH-1 01/31/2024 SLU (L)bm 2024-192
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First Read: 15-Feb-24
SYNOPSIS:
Under existing law, every individual, except
those specifically exempted by law, is required to
obtain a driver license before driving a motor vehicle
on the highways of this state and every new resident is
required to obtain an Alabama driver license within 30
days after establishing residence in this state.
A nonresident with a license issued in his or
her home state or country may be exempt from the
Alabama license requirement under certain
circumstances.
This bill would invalidate any driver license of
a nonresident driving a motor vehicle in this state,
issued in another state, if the license is of any class
of licenses issued exclusively to undocumented
immigrants unable to prove lawful presence in the
United States.
This bill would also provide that a nonresident
driver with a license issued in his or her home state
or country shall not be exempt from Alabama driver
license requirements if his or her license is of any
class of licenses issued exclusively to undocumented
immigrants unable to prove lawful presence in the
United States.
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A BILL
TO BE ENTITLED
AN ACT
Relating to driver licenses; to invalidate in this
state any driver licenses, issued in another state, of a class
of licenses exclusively issued to undocumented immigrants; to
amend Section 32-6-2, Code of Alabama 1975, to provide that a
nonresident with a certain class of driver license issued in
another state shall not be exempt from securing a license in
this state.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) If a driver license is of a class of
licenses issued by another state exclusively to undocumented
immigrants who are unable to prove lawful presence in the
United States when the licenses are issued, the driver
license, or other permit purporting to authorize the holder to
operate a motor vehicle on public roadways, is invalid in this
state and does not authorize the holder to operate a motor
vehicle in this state. These classes of licenses include
licenses that are issued exclusively to undocumented
immigrants or licenses that are substantially the same as
licenses issued to citizens, residents, or those lawfully
present in the United States but have markings establishing
that the license holder did not exercise the option of
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that the license holder did not exercise the option of
providing proof of lawful presence.
(b) A law enforcement officer or other authorized
representative of the Alabama State Law Enforcement Agency who
stops an individual driving with an invalid license as
described in subsection (a) or driving without a valid license
shall issue a citation to the driver for driving without a
license.
(c) To facilitate the enforcement of this section and
to aid in providing notice to visitors and the general public
concerning invalid licenses, the agency shall maintain on its
website a list of out-of-state classes of driver licenses
which are invalid in this state.
Section 2. Section 32-6-2, Code of Alabama 1975, is
amended to read as follows:
"ยง32-6-2
The following personsindividuals when driving a motor
vehicle under the following conditions are exempt from a
license hereunder:
(1) Any personindividual in the service of the federal
government while driving an official motor vehicle in such
service;.
(2) Any personindividual while driving any road
machine, farm tractor, or implement of husbandry temporarily
driven or moved on a highway ;.
(3) A nonresident who is at least 16 years of age and
who has in his or her immediate possession a valid
driver'sdriver license issued in his or her home state or
country. This exemption does not apply if the nonresident's
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country. This exemption does not apply if the nonresident's
license is invalid under Section 1. ;
(4) Any nonresident who is at least 16 years of age
whose home state or country does not require the licensing of
drivers for a period of not more than 90 days in any calendar
year, if the motor vehicle so driven is duly registered in the
home state or country of such nonresident . This exemption does
not apply if the nonresident's license is invalid under
Section 1."
Section 3. This act shall become effective on October
1, 2024.
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