SB 55

Session
Regular Session 2018
Title
Driver's licenses, restricted driver license authorized based on hardship, Sec. 32-6-12.1 am'd.
Description

Relating to drivers' licenses; to amend Section 32-6-12.1, Code of Alabama 1975, to require the Alabama State Law Enforcement Agency to develop a hardship driver license program for any person whose driver's license has been suspended or revoked and who cannot obtain reasonable transportation.

Subjects
Drivers' Licenses
View Original PDF: SB 55 - Engrossed - PDF

Relating to drivers' licenses; to amend Section 32-6-12.1, Code of Alabama 1975, to require the Alabama State Law Enforcement Agency to develop a hardship driver license program for any person whose driver's license has been suspended or revoked and who cannot obtain reasonable transportation.

Section 1

(a)(1) Except as provided in subsection (b), a person whose driver's license has been suspended or revoked may apply for a restricted driving permit. (2) An application for a restricted driving permit shall be made on a form prescribed by the Secretary of the Alabama State Law Enforcement Agency. The form shall require the information necessary for the agency to determine the need for the permit. All applications shall be signed by the applicant before a person authorized to administer oaths. (3) The agency shall issue a limited driving permit if the application indicates that refusal to issue the permit would cause extreme hardship to the applicant. Extreme hardship means that the applicant cannot obtain reasonable transportation necessary for any of the following purposes: a. Going to and from the applicant's place of employment. b. Obtaining medical care or prescriptions. c. Going to and from the applicant's place of worship, including, but not limited to, the applicant's temple, church, synagogue, or mosque. d. Attending court, reporting to a probation officer, or performing court-ordered community service. e. Attending a program, event, treatment, or activity ordered by the court that entered the judgment of conviction resulting in suspension of the driver's license of the applicant. (b) A restricted driving permit may not be issued to a person whose driver's license has been suspended or revoked for any of the following: (1) Conviction of driving under the influence of alcohol or a controlled substance, except as provided in Section 32-5A-191, Code of Alabama 1975, relating to the issuance of an ignition interlock device restricted license. (2) Refusing to submit to a chemical test upon the request of a law enforcement officer after being lawfully arrested for suspicion of driving under the influence of alcohol or a controlled substance, except as provided in Section 32-5A-191, Code of Alabama 1975, relating to the issuance of an ignition interlock device restricted license. (3) Conviction of manslaughter or homicide by vehicle resulting from the operation of a motor vehicle. (4) Conviction of any felony in the commission of which a motor vehicle is used. (5) Conviction upon three charges of reckless driving committed within a period of 36 months. (6) Conviction of fleeing or attempting to elude a police officer. (c) A restricted driving permit shall be endorsed with conditions as the Secretary of the Alabama State Law Enforcement Agency deems necessary to ensure that the permit will be used by the person only to avoid the conditions of extreme hardship. The conditions may include the following restrictions: (1) Specific places between which the person may be allowed to operate a motor vehicle. (2) Routes to be followed by the person. (3) Times of travel. (4) The specific vehicles that the permittee may operate. (5) Any other restriction required by the agency. (d) If a person who has been issued a restricted driving permit is convicted of violating any state law relating to the movement of vehicles or of violating any condition endorsed on his or her restricted driving permit, the Secretary of the Alabama State Law Enforcement Agency shall revoke the permit. A person whose restricted driving permit has been revoked shall not be eligible to apply for a driver's license until at least six months from the date the permit was revoked. The agency may impose an additional period of suspension for the conviction upon which the revocation of the permit was based. (e) A person whose restricted driving permit has been revoked pursuant to subsection (d) or who has been refused a permit by the Secretary of the Alabama State Law Enforcement Agency may request a hearing. The hearing shall be provided by the agency within 30 calendar days after receipt of the request and shall be conducted in accordance with the Administrative Procedure Act, Chapter 22 of Title 41, Code of Alabama 1975. Appeals from the hearing shall be conducted in accordance with the chapter. (f) The Secretary of the Alabama State Law Enforcement Agency may adopt rules necessary for the implementation and administration of this act. (g) A person who violates a condition specified on his or her restricted driving permit is guilty of a Class C misdemeanor.

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 15, 2018SConference Committee on SB55 2018RS first Substitute Offered
March 15, 2018SAssigned Act No. 2018-289.
March 15, 2018SEnrolled
March 15, 2018HSignature Requested
March 15, 2018SConcurred in Conference Report
March 15, 2018HBeckman motion to Concur In and Adopt adopted Roll Call 799
March 15, 2018HConference Report Concurrence Requested
March 8, 2018SChambliss motion to Concur In and Adopt adopted Roll Call 754
March 8, 2018SConference Report
March 8, 2018SConference Committee Appointed
March 6, 2018HBeckman motion to Accede adopted Roll Call 627 House appoints Beckman, Pettus and England
March 6, 2018HConference Committee Requested
March 6, 2018SChambliss motion to Non Concur and Appoint Conference Committee adopted Roll Call 597 P&PO appoints Chambliss, Williams, Phil and Smitherman
March 6, 2018SConcurrence Requested
March 1, 2018HMotion to Read a Third Time and Pass adopted Roll Call 575
March 1, 2018HMotion to Adopt adopted Roll Call 574
March 1, 2018HWadsworth Amendment Offered
March 1, 2018HThird Reading Passed
February 22, 2018HRead for the second time and placed on the calendar
February 1, 2018HRead for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
February 1, 2018SEngrossed
February 1, 2018SMotion to Read a Third Time and Pass adopted Roll Call 276
February 1, 2018SChambliss motion to Adopt adopted Roll Call 275
February 1, 2018SChambliss Amendment Offered
February 1, 2018SThird Reading Passed
January 30, 2018SChambliss motion to Carry Over to the Call of the Chair adopted Voice Vote
January 30, 2018SChambliss motion to Adopt adopted Roll Call 220
January 30, 2018SChambliss first Substitute Offered
January 30, 2018SThird Reading Carried Over to Call of the Chair
January 18, 2018SReported from Judiciary as Favorable
January 9, 2018SRead for the first time and referred to the Senate committee on Judiciary
2018-03-15
Chamber: House
Result: Passed
2018-03-08
Chamber: Senate
Result: Passed
2018-03-06
Chamber: House
Result: Passed
2018-03-06
Chamber: Senate
Result: Passed
2018-03-01
Chamber: House
Result: Passed
2018-03-01
Chamber: House
Result: Passed
2018-01-23
Chamber: House
Result: Passed
2018-01-23
Chamber: House
Result: Passed
2018-01-23
Chamber: House
Result: Passed
2018-01-23
Chamber: House
Result: Passed
2018-02-01
Chamber: Senate
Result: Passed
2018-02-01
Chamber: Senate
Result: Passed
2018-01-30
Chamber: Senate
Result: Passed