HB74 Alabama 2020 Session

Under existing law, a person is prohibited from using a wireless telecommunications device to write, send, or read a text-based communication while operating a motor vehicle, with exceptions

This bill would prohibit a person from using a wireless telecommunications device to watch, record, or capture a photograph or video while operating a motor vehicle, physically holding a wireless telecommunications device while operating a motor vehicle, and engaging in a voice-based communication while operating a motor vehicle

Under existing law, certain uses of a wireless telecommunications device are exempted from the restrictions that apply while operating a motor vehicle

This bill would further provide for those exemptions

This bill would also increase the fine authorized for a violation

This bill would also require the Secretary of the Alabama State Law Enforcement Agency to include on the uniform accident report whether a TNC driver was involved in the accident and require the secretary to report certain information regarding traffic accidents involving a TNC driver to the Public Service Commission and the Legislature

Under existing law, a conviction for using a wireless telecommunications device to write, send, or read a text-based communication is a two-point violation on the individual's driving record

This bill would provide that on a third or subsequent conviction the individual would receive a three-point violation on the individual's driving record

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

Relating to motor vehicles; to amend and renumber Sections 32-5A-351 and 32-5A-352, Code of Alabama 1975, and to add Sections 32-5A-353 to 32-5A-358, inclusive, to the Code of Alabama 1975, to provide further for administrative penalties issued for a violation; to prohibit the use of a wireless telecommunications device to write, send, or read a text-based communication or to watch, record, or capture a photograph or video while operating a motor vehicle; to prohibit the use of a handheld wireless telecommunications device to engage in a voice-based communication; to prohibit an individual from physically holding a wireless telecommunications device while operating a motor vehicle; to provide further for exceptions; to amend Section 32-10-8, Code of Alabama 1975, providing further for uniform accident reports; to provide certain reporting requirements; to repeal Section 32-5A-350, Code of Alabama 1975; 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.