HB120 Alabama 2011 Session

This bill would require a law officer to transport a person to the nearest magistrate if the law officer arrests the person for driving without a license and the law officer cannot verify the person has a valid driver's license

This bill would require the citizenship status of any person held to be verified through the United States Department of Homeland Security, and if the person is an illegal alien, would require the person to post a bond, or if the person cannot post a bond, the person shall be considered a flight risk and shall be detained until prosecution or until handed over to federal authorities for deportation

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. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue

To amend Section 32-6-9 of the Code of Alabama 1975, relating to driving without a license; to require a law officer to transport a person to the nearest magistrate if the officer cannot verify the person has a valid driver's license; and to require the citizenship status of the person to be verified and certain actions taken if the person is found to be an illegal alien; 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.