HB411 Alabama 2010 Session

Under existing law, each person who drives a motor vehicle on a public highway in this state must be properly licensed to drive the vehicle

This bill would provide that a motor vehicle operated by a driver who does not have a driver's license and proof of legal entry into the United States may be impounded

This bill would provide that a motor vehicle that is operated on the highway of this state may be impounded if there is no proof that the motor vehicle is covered by a liability insurance policy, motor vehicle liability bond, or a deposit of cash

This bill would provide that an officer may not impound a vehicle if he or she can verify the driver is properly licensed by other means or if the license had expired within 90 days of the stop

This bill would require each lien holder of the vehicle to be notified within 48 hours of the impoundment

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 Sections 32-6-18 and 32-7A-4 of the Code of Alabama 1975, relating to penalties for driving a motor vehicle on the public highways of this state without a driver's license; to provide that a motor vehicle operated by a driver who does not have a driver's license and proof of legal entry into the United States may be impounded; to provide that a motor vehicle that is operated on the highways of this state may be impounded if there is no proof that the motor vehicle is covered by a liability insurance policy, motor vehicle liability bond, or deposit of cash; to provide that an officer may not impound a vehicle if he or she can verify the driver is properly licensed by other means or if the license had expired within 90 days of the stop; to require each lien holder of the vehicle to be notified within 48 hours of the impoundment; 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.