HB8 Alabama 2023 Session

Summary

Primary Sponsor

Randy Wood Representative

Republican

Session

Regular Session 2023

Title

Relating to motor vehicles; to amend Sections 32-5A-350, 32-5A-351, and 32-5A-352, Code of Alabama 1975, and to add Sections 32-5A-350.1 and 32-5A-353 to 32-5A-359, inclusive, to the Code of Alabama 1975, to provide prohibitions on the use of a wireless telecommunications device while operating a motor vehicle, with exceptions; to further provide criminal penalties; to provide exemptions; to distribute a portion of any fines collected to the Alabama Department of Economic and Community Affairs for the purchase of devices to enable substantially hands-free voice-based communications in a motor vehicle and to provide the devices to certain low-income families in the state; 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 Section 111.05 of the Constitution of Alabama of 2022.

Description

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 watching, viewing, recording, or capturing a photograph or video while operating a motor vehicle; would prohibit a person from physically holding a wireless telecommunications device while operating a motor vehicle; and would prohibit a person from physically holding a wireless telecommunications device to conduct voice-based communications while operating a motor vehicle, with exceptions to the prohibitions.

This bill would further provide for the criminal penalties associated with a violation.

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.

This bill would provide a comprehensive list of circumstances under which the prohibitions of the bill would not apply.

This bill would provide that when a person is first charged with a violation and the person did not have a device to conduct substantially hands-free voice-based technology, the trial court may dismiss the charge upon proof that the person obtained a device to enable substantially hands-free voice-based technology.

This bill would also distribute a portion of the fines collected to the Alabama Department of Economic and Community Affairs for the purchase of devices to enable substantially hands-free voice-based communications in a motor vehicle and to provide the devices to low-income families in the state.

Section 111.05 of the Constitution of Alabama of 2022, 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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