HB23 Alabama 2016 1st Special Session Session

Under existing law, a person who owns or operates, or both, a motor vehicle that uses natural gas is not required to obtain an annual decal from the Liquefied Petroleum Gas Board or remit the required motor fuel excise tax until October 1, 2016.

This bill would establish a uniform motor fuel and enforcement system for the collection of excise tax on compressed natural gas and liquefied natural gas and would provide civil and criminal penalties for violations.

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 40-17-160, 40-17-161, 40-17-165, and 40-17-167, Code of Alabama 1975, relating to the liquefied petroleum gas and natural gas fuel tax, to remove references to natural gas; to add Article 3B, commencing with Section 40-17-168, to Chapter 17 of Title 40, Code of Alabama 1975, to establish a uniform motor fuel tax collection and enforcement system for the collection of excise tax on compressed natural gas and liquefied natural gas; to provide civil and criminal penalties for violations; to provide for rulemaking authority; 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.