SB180 Alabama 2010 Session

Summary

Primary Sponsor

Wendell Mitchell

Democrat

Session

Regular Session 2010

Title

Boilers and pressure vessels, inspection by Labor Department further provided for, written warnings and civil penalties, fees, inspection of operations, criminal penalties, Secs. 25-12-8, 25-12-11, 25-12-14, 25-12-17 am'd.

Description

Under existing law, the Department of Labor is charged with the duty of inspecting boiler and pressure vessels.

This bill would authorize the chief inspector to issue written warnings and citations for violations and would provide for civil penalties to be assessed for violations to be deposited in the State General Fund.

Under existing law, no provision is made for fees for the examination and certificate of competency for inspectors.

This bill would allow the Board of Boilers and Pressure Vessels to impose fees for those purposes.

This bill would specifically provide for the department to inspect boilers and pressure vessels being operated in the state to determine if they are being operated safely.

Existing law does not specify the class of misdemeanor for operating without a valid inspection certificate.

This bill would specify that a criminal violation would be a Class C misdemeanor.

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.

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Subjects

Boilers and Pressure Vessels, Board of