SB148 By Senators McClendon, Livingston, Dial, Ward and Waggoner RFD Transportation and Energy Rd 1 09-FEB-16

SYNOPSIS: Under existing law, the front seat occupant of a passenger car manufactured in compliance with Federal Motor Vehicle Standard No. 208 is required to have a safety belt fastened while the vehicle is in motion. Children under the age of 15 in a motor vehicle are required to wear a seat belt or be protected by another child passenger restraint system.

This bill would require each occupant of a passenger motor vehicle to have a safety belt fastened while the vehicle is in motion.

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

To amend Section 32-5B-4 of the Code of Alabama 1975, to further require each occupant of passenger cars manufactured with safety belts to have a safety belt fastened when the vehicle is in motion; 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. Section 32-5B-4 of the Code of Alabama 1975, is amended to read as follows:

§32-5B-4.

"(a) Each front seat occupant of a passenger car manufactured with safety belts in compliance with Federal Motor Vehicle Safety Standard No. 208 shall have a safety belt properly fastened about his or her body at all times when the vehicle is in motion.

"(b) The provisions of subsection (a) shall not apply to:

"(1) A child passenger under the purview of Section 32-5-222, who is required to use a child passenger restraint system or a seat belt pursuant to Section 32-5-222.

"(2) An occupant of a passenger car who possesses a written statement from a licensed physician that he or she is unable for medical reasons to wear a safety belt.

"(3) A rural letter carrier of the United States Postal Service while performing his or her duties as a rural letter carrier.

"(4) A driver or passenger delivering newspapers or mail from house to house.

"(5) Passengers in a passenger car with model year prior to 1965.

"(6) Passengers in motor vehicles which normally operate in reverse."

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.

Motor Vehicles

Seat Belts

Code Amended