HB105 By Representative Rich RFD Judiciary Rd 1 03-MAR-15

SYNOPSIS: Under existing law, it is not specifically illegal for the operator of a pickup truck or similar vehicle to allow a person under the age of 19 to ride in the bed of a pickup truck.

This bill would specifically prohibit the operator of a pickup truck or similar vehicle from allowing a person age 19 or under to ride in the bed of the pickup truck on a major thoroughfare. The bill would provide exceptions and would prescribe a penalty for a violation. The bill would provide for a phased in implementation.

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.

A BILL TO BE ENTITLED AN ACT

Prohibiting the operator of a pickup truck or similar vehicle from allowing a person of a certain age to ride in the bed of the pickup truck or similar vehicle on a major thoroughfare; providing certain exceptions; prescribing a penalty for a violation of this act; providing for a phased in implementation of this act; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For purposes of this section, a major thoroughfare includes any road or street which is a part of the state highway system, federal highway system, an arterial road, and any high capacity urban road which delivers traffic from collector roads to an interstate highway or between urban centers.

(b) No person shall operate a pickup truck or similar vehicle on any major thoroughfare when any person under 19 years of age is riding in the unenclosed bed or portion of the vehicle.

(c) The provisions of this section shall not apply to persons operating a pickup truck or similar vehicle under any of the following circumstances:

(1) Operating a pickup truck or similar vehicle for agricultural activities or purposes.

(2) Operating a pickup truck or similar vehicle for a purpose authorized by the municipal governing body within the municipal corporate limits or by the county commission outside of the corporate limits of a municipality pursuant to a permit including, but not limited to, a permit for a parade or hayride.

(3) Operating a pickup truck or similar vehicle during emergency situations.

(d) Any person violating this section shall be fined up to fifty dollars ($50). A violation of this section shall not constitute probable cause for search of the vehicle involved.

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. All laws or parts of laws which conflict with this act are repealed.

Section 4. The period from the effective date of this act until 12 months thereafter shall be a warning period during which any person who violates this act shall be issued a verbal warning or warning citation by a law enforcement officer, but no monetary fine shall be assessed against the offender. At the conclusion of the warning period, this act shall be in full force and effect.

Section 5. 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.

Motor Vehicles

Children

Crimes and Offenses

Criminal Law and Procedure

Trucks

Pickup Trucks