SB282 By Senator Shelnutt RFD Transportation and Energy Rd 1 23-FEB-16

SYNOPSIS: This bill would prohibit a dump truck from operating on any highway, road, or street in this state with the bed of the truck in the up position and would provide penalties.

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

Relating to motor vehicles; to prohibit a dump truck from operating on any highway, road, or street in this state with the bed of the truck in the up position; would provide penalties; 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 the purposes of this act, the following words shall have the following meanings:

(1) DUMP TRUCK. A motor vehicle which has a bed attached to the truck which allows the front of the bed near the passenger compartment to be raised to over a 20-degree angle to allow the load to be dumped from the rear of the bed.

(2) HIGHWAY. Any public highway, road, or municipal street.

(b) A dump truck may not be driven on any highway of this state with the bed of the truck raised to more than a 20-degree angle except when the dump truck is actively engaged in dumping its load.

(c) A violation of this section is a Class C misdemeanor on the first offense. Any second or subsequent offense is a Class B misdemeanor.

(d) This section may be enforced by any law enforcement officer. At the scene of an accident, a law enforcement officer may give a citation for a violation if the officer has reasonable cause to believe a violation has been committed even if the officer did not witness the violation.

(e) This section shall not be construed to repeal any other criminal law. Whenever conduct prohibited by this section is also prohibited by any other provision of law, the provision that carries the more serious penalty shall be applied.

Section 2. This act shall be known as "The Ricky Morgan Act."

Section 3. 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 because the bill defines a new crime or amends the definition of an existing crime.

Section 4. 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

Highways, Roads, and Bridges

Trucks

Dump Trucks

Crimes and Offenses

Criminal Law and Procedure