Lexington, Alabama Failure to Secure Metal Coils CDL Traffic Ticket Defense Lawyers. "Call NOW.... TODAY (866) 348-2889.

Lexington, Alabama trucking companies and truck drivers that drive through Alabama in 18 wheelers beware. The Alabama Legislature currently is considering a bill which would increase substantially the penalties related to issues concerning steel coils that should be secured properly on the back of your trucks.

Many truck drivers that I have spoken with say that the roads are so bad in Alabama that as they move through the load shifts and the coils become loose. Even though that may be the case, if you are found to be in violation of the statue below you could suffer serious consequences and increased penalties related to it. If you have been charged with a violation in Lexington, Alabama as a truck driver with a CDL, call the experienced Alabama CDL truck driving defense attorneys at Kreps Law Firm, LLC. (866) 348-2889.

You can also look us up on the web at www.AlabamaSpeedingTicket.com or www.AlabamaTrafficTicket.com for more information.

This is the proposed bill:

SYNOPSIS: Existing law provides penalties for persons who violate state or federal rules relating to securing loads on trucks.

This bill would increase penalties for motor carriers and drivers who fail to comply with federal regulations for securing metal coils or who allow metal coils to fall onto public roads. This bill would require driver training and certification. This bill would provide for criminal 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

To amend Section 32-9A-2, as last amended by Act 2008-336, 2008 Regular Session, and Section 32-9A-4, Code of Alabama 1975, relating to the operation of commercial motor vehicles; to increase penalties for motor carriers and drivers who fail to comply with federal regulations for securing metal coils or who allow metal coils to fall onto public roads; to require driver training and certification; to provide for criminal 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. The Legislature hereby finds and declares that a number of incidents in recent past of metal coils dropping, falling, shifting, or otherwise escaping from a commercial motor vehicle onto public highways or other public ways causing danger to the public and great concern to the Legislature. This bill shall be known as "The Metal Coil Securement Act of 2009."

Section 2. Section 32-9A-2, as last amended by Act 2008-336, 2008 Regular Session, and Section 32-9A-4, Code of Alabama 1975, are amended to read as follows:

§32-9A-2.

"(a)(1) Except as otherwise provided in subsection (b), no person may operate a commercial motor vehicle in this state, or fail to maintain required records or reports, in violation of the federal motor carrier safety regulations as prescribed by the U.S. Department of Transportation, 49 C.F.R. Part 107, Parts 171-180, Parts 382-384, and Parts 390-399 and as they may be amended in the future. Except as otherwise provided herein, this chapter shall not be construed to repeal or supersede other laws relating to the operation of motor vehicles.

"(2)a. No person may operate a commercial motor vehicle in this state in violation of 49 C.F.R. §393.120, as amended, relating to load securement for certain metal coils.

"b. No person owning, leasing, or allowing a commercial vehicle to be operated in this state shall knowingly or negligently be in violation of 49 C.F.R. §393.120, as amended, relating to load securement for metal coils.

"(3) No person may knowingly or negligently own or lease or cause to be operated on any public highway, road, street, or other public right-of-way a commercial motor vehicle loaded with a metal coil in a manner that fails to comply with 49 C.F.R. §393.120 and thereby allows a metal coil to drop, fall, spill, shift, or otherwise escape from the commercial vehicle onto any public highway, road, street, or any other public right-of-way.

"(4)a. No motor carrier may initiate or terminate in this state the commercial transport of metal coils, as defined in 49 C.F.R. §393.120, unless the commercial vehicle operator is certified in proper load securement as provided in 49 C.F.R. §393.120. Certification shall be conducted according to standards published by the Department of Public Safety and certified by the motor carrier and the driver on forms provided by the department.

"b. The operator of a commercial motor vehicle involved in the commercial transport of metal coils subject to this subdivision shall be certified in proper load securement as provided in 49 C.F.R. §393.120, carry the certification in the vehicle, and produce the certification upon demand.

"(5) Except as it relates to subdivision (3), no law enforcement officer may make an arrest or issue a citation under this chapter unless he or she has satisfactorily completed, as a part of his or her training, the basic course of instruction developed by the Commercial Vehicle Safety Alliance. Those law enforcement officers authorized to enforce this chapter shall annually receive in service training related to commercial motor vehicle operations, including, but not limited to, training in current federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria. The annual training requirements shall be designated and specified by the director. An officer qualified under this section to make an arrest or issue a citation pursuant to subdivision (3) may arrest or issue a citation to the driver of a commercial motor vehicle without a warrant and without witnessing the violation personally if, upon personal investigation, the officer has reasonable cause to believe that a violation has occurred.

"(b) Notwithstanding subsection (a) or any other provision of law to the contrary:

"(1) Amendments to the hours of service regulations promulgated by the U.S. Department of Transportation at 68 Federal Register 22456, April 28, 2003 and effective June 27, 2003, shall not apply to utility service vehicles as defined at 49 C.F.R. 395.2, not including television cable or community antenna service vehicles, which are owned or operated by utilities regulated by the Public Service Commission or electric cooperatives and which are engaged solely in intrastate commerce in this state until June 27, 2006, provided the amendments are valid and remain in effect as of that date. Hours of service regulations that are applicable in this state immediately prior to June 27, 2003, shall remain applicable to utility service vehicles engaged solely in intrastate commerce in this state until June 27, 2006. If the U.S. Department of Transportation issues an official finding that this provision may result in the loss of federal Motor Carrier Safety Assistance Program funding, the department may promulgate regulations providing for earlier implementation of the amendments to the federal hours of service regulations. If federal law or regulations are amended at any time to exempt utility service vehicles from the hours of service requirements, any exemption shall be effective in this state immediately for the duration of the federal exemption.

"(2) The department may promulgate regulations suspending the effective date for up to three years after adoption of any motor carrier safety regulation by the U.S. Department of Transportation as applied to vehicles engaged solely in intrastate commerce in this state, provided that the suspension does not result in the loss of federal Motor Carrier Safety Assistance Program funding.

"(3) The department may enter into agreements with state and local emergency management agencies and private parties establishing procedures for complying with 49 U.S.C. §31502(e) and federal regulations promulgated thereto at 49 C.F.R. §390.23 which provide an exemption from the hours of service regulations during certain emergencies.

"(4) The department may promulgate regulations granting any waiver, variance, or exemption permitted under 49 U.S.C. §31104(h) and federal regulations promulgated thereto at 49 C.F.R. §§350.339-350.345, provided that the waiver, variance, or exemption does not result in the loss of federal Motor Carrier Safety Assistance Program funding and does not take effect unless approved by the U.S. Department of Transportation if that approval is required.

"(5) A commercial motor vehicle operated in intrastate commerce which does not equal or exceed 26,001 pounds, except a motor vehicle, regardless of weight, which is designed or used to transport 16 or more passengers, including the driver, or which is used in the transportation of hazardous materials and required to be placarded pursuant to 49 C.F.R. Part 172, Subpart F, shall be exempt from the federal motor carrier regulations otherwise made applicable in this state pursuant to subsection (a). For purposes of this subdivision, "commercial motor vehicle" means a commercial motor vehicle as defined in 49 C.F.R. §390.5.

"(6) For purposes of those provisions of 49 C.F.R. §395 providing for exemptions from the hours of service requirements of that section respecting the operation of motor vehicles for the transportation of agricultural commodities as contemplated in that section, the planting and harvesting season for this state is defined by the Legislature as the period from April 1 of each calendar year to March 31 of the next succeeding calendar year.

"(c) Nothing in this section as amended by Act 2008-336 shall be interpreted to exempt any person from the obligations to operate a motor vehicle in a safe and proper manner or to observe the rules of the road, nor shall any provision of this section as amended by Act 2008-336 be interpreted to immunize any person from civil liability for actionable conduct.

"(d) The Department of Public Safety shall publish standards for training drivers of commercial motor vehicles in proper load securement for metal coils as provided in 49 C.F.R. §393.120 and provide for certification of drivers of commercial motor vehicles carrying metal coils.

§32-9A-4.

"(a) Any person violating Section 32-9A-2(a)(1) shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five dollars ($25) nor more than two thousand dollars ($2,000) for each offense. In addition, the court may impose a sentence of imprisonment in the county jail, not to exceed 30 days, for each offense.

"(b) Any person violating Section 32-9A-2(a)(2)a. or a motor carrier violating Section 32-9A-2(a)(2)b. shall be guilty of a misdemeanor and punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) for each offense.

"(c) Any operator of a commercial motor vehicle violating Section 32-9A-2(a)(2)a. in which a metal coil drops, falls, spills, shifts, or otherwise escapes from the vehicle shall be guilty of a misdemeanor and punished by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000).

"(d) Any person violating Section 32-9A-2(a)(3) or any motor carrier violating Section 32-9A-2(a)(4)a. shall be guilty of a misdemeanor and punished by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).

"(e) Any person violating Section 32-9A-2(a)(4)b. shall be guilty of a misdemeanor and punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).

"(f) In addition to the other penalties for a violation of subdivision (2), (3), or (4) of Section 32-9A-2(a), the court may impose a sentence of imprisonment in the county jail, not to exceed one year, for each conviction under subdivision (2), (3), or (4) of Section 32-9A-2(a).

"(g) In addition to other punishment fixed by law, the court may enter an order prohibiting the person from operating any commercial motor vehicle for a period to be specified by the court, or perpetually, as the court may determine."

Section 3. The Department of Public Safety shall use its commercial vehicle inspection authority, including portable scales, in those areas of the state that are prone to accidents involving the transportation of metal coils to aggressively inspect and weigh vehicles transporting metal coils to insure the loads are being transported safely and in compliance with state and federal regulations.

Section 4. 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 5. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 6. 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.

Attempting to elude the Lexington, Alabama police could carry new harsher penalties if Alabama House and Senate law proposed passes

The Alabama legislature is currently considering the bill below and will possibly enact the bill this legislative session in February 2009. The bill below will increase the penalty for attempting to elude a police officer in Lexington, Alabama and it completely repeals the old statute and this will replace it. As you can see below, it increases many fines, penalties and possible jail time related to this type of an offense.

If you are charged with an attempting to elude a Lexington, Alabama police officer or attempting to evade an officer or eluding an officer, call the experienced and focused Alabama traffic tickets violation lawyers at Kreps Law Firm. You can also visit our website at www.AlabamaSpeedingTicket.com or www.AlabamaTrafficTicketAttorney.com . CALL TODAY (866) 348-2889

Below is the actual bill being proposed:

SYNOPSIS: Under existing law, the crime of eluding police is an unclassified misdemeanor offense.

This bill would provide a two-tiered level of crime for eluding a law enforcement officer, including a Class C felony offense for serious violations. This bill would provide a mechanism for law enforcement officers to issue violations to owners of vehicles used for eluding when the officer has a vehicle tag number.

The bill would also provide for the revocation of the driver's license of persons convicted of a felony offense of eluding a law enforcement officer.

Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621.

A BILL

TO BE ENTITLED

AN ACT

To amend Sections 32-5A-193 and 32-5A-195 of the Code of Alabama 1975, relating to eluding a law enforcement officer; to provide a two-tiered level of crime for eluding a law enforcement officer; to provide for law enforcement officers to issue violations to owners of vehicles used for eluding; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections 32-5A-193 and 32-5A-195 of the Code of Alabama 1975, are amended to read as follows:

"§32-5A-193.

"(a) Any driver of a motor vehicle who willfully fails or refuses to bring his the vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police law enforcement vehicle, when given a visual or audible signal to bring the vehicle to a stop, or who attempts to flee or evade a law enforcement officer using a motor vehicle in an attempt to flee from the enforcement of a traffic violation or other law enforcement action, or any person who flees a law enforcement officer on foot or otherwise when given a visual or audible signal to stop shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren eluding a law enforcement officer in the second degree. Eluding a law enforcement officer in the second degree is a Class A misdemeanor.

"(b) Every person convicted of fleeing or attempting to elude a police officer shall be punished by imprisonment for not less than 30 days nor more than six months or by a fine of not less than $100.00 nor more than $500.00, or by both such fine and imprisonment. Any driver who violates subsection (a) and does any of the following shall be guilty of eluding a law enforcement officer in the first degree, which is a Class C felony:

"(1) Drives in excess of 15 miles per hour above the speed limit.

"(2) Drives in a manner which demonstrates a reckless disregard for the safety of persons or property.

“(3) Flees a law enforcement officer with an innocent passenger in the vehicle.

"(4) Commits more than three traffic violations during the pursuit.

"(5) Commits a felony prior to or during the pursuit.

"(6) Causes damage to the property of another in excess of five hundred dollars ($500) or bodily injury to another.

"(7) Is under the influence of alcohol or any other substance or combination of substances in violation of Section 32-5A-191.

"(8) Leaves the scene of an accident in violation of Section 32-10-1 or Section 32-10-2.

"(c) The signal to stop given by the law enforcement officer may be by hand, voice, emergency light, or siren. The officer giving the signal shall be in uniform, prominently displaying a badge of office, and the vehicle shall be appropriately marked to show that the vehicle is an official law enforcement vehicle.

"(d) The court shall notify the Director of Public Safety of any conviction under this section within 10 days after sentencing. Upon conviction of eluding a law enforcement officer in the first degree, the court shall require the surrender of the driver's license of the offender and the court shall forward the license with the record of conviction to the director.

"(e) Any law enforcement officer who engages in the pursuit of a person or persons suspected of violation of this section shall be entitled to immunity under Section 6-5-338.

"(f) A traffic citation may be issued against the owner of a motor vehicle who has knowledge or should have knowledge that the vehicle may be used in the crime of eluding if a law enforcement officer observes the vehicle used for the violation of subsection (a) or (b), records a detailed description and license plate number of the vehicle, and does not pursue or is not able to stop the driver for the offense. The officer who observes a violation shall submit an affidavit against the owner to the appropriate court which shall include a description of the motor vehicle, the license plate number, and the state of issuance of the license plate. Upon approval by the court, a summons shall be issued against the owner of the vehicle which shall be forwarded by personal service or first-class mail to the address given on the motor vehicle registration. The summons shall clearly state a description of the eluding offense. The owner may be fined an amount, fixed by the court, not to exceed two hundred dollars ($200) or be sentenced to not more than 30 days in jail, or by both fine and imprisonment.

"§32-5A-195.

"(a) The Director of Public Safety is hereby authorized to may cancel any driver's license upon determining that the licensee was not entitled to the issuance thereof hereunder or that said the licensee failed to give the correct or required information in his or her application. Upon such the cancellation, the licensee must shall surrender the cancelled license so cancelled. If such the licensee refuses to surrender such the license, he or she shall be guilty of a misdemeanor.

"(b) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the Director of Public Safety in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.

(c) The Director of Public Safety is further authorized director, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to may forward a certified copy of such the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

"(d) When a nonresident's operating privilege is suspended or revoked, the Director of Public Safety director shall forward a certified copy of the record of such the action to the motor vehicle administrator in the state wherein such the person resides.

"(e) The Director of Public Safety is authorized to director may suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such the person in another state of any offense therein

which, if committed in this state, would be grounds for the suspension or revocation of the license of a driver.

"(f) The Director of Public Safety director may give such effect to conduct of a resident in another state as is provided by the laws of this state had such the conduct occurred in this state.

"(g) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the license of such the person by the department, the court in which such the conviction is had shall require the surrender to it the court of any driver's license then held by the

person convicted and the court shall thereupon forward the same driver's license together with a record of such the conviction to the Director of Public Safety director.

"(h) Every court having jurisdiction over offenses committed under this article or any other law of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Director of Public Safety director within 10 days a record of the conviction of any person in said the court for a violation of any said laws other than regulations governing standing or parking, and may recommend the suspension of the driver's license of the person so convicted.

"(i) For the purposes of this article, the term "conviction" shall mean a final conviction. Also, for the purposes of this article, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, a plea of nolo contendere accepted by the court, the payment of a fine, a plea of guilty or a finding of guilt of a traffic violation charge, shall be equivalent to a conviction regardless of whether the penalty is rebated, suspended, or probated.

"(j) The Director of Public Safety director shall forthwith revoke the license of any driver upon receiving a record of such the driver's conviction of any of the following offenses:

"(1) Manslaughter or homicide by vehicle resulting from the operation of a motor vehicle;.

"(2) Upon a first conviction of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving, such the revocation shall take place only when ordered by the court rendering such conviction;.

"(3) Upon a second or subsequent conviction within a five-year period, of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving;.

"(4) Any felony in the commission of which a motor vehicle is used;.

"(5) Failure to stop, render aid, or identify himself or herself as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;.

"(6) Perjury or the making of a false affidavit or statement under oath to the Director of Public Safety director under this article or under any other law relating to the ownership or operation of motor vehicles;.

"(7) Conviction upon three charges of reckless driving committed within a period of 12 months; five years.

"(8) Unauthorized use of a motor vehicle belonging to another which act does not amount to a felony.

"(9) Eluding a law enforcement officer in the first degree. Upon conviction the director shall revoke the driver's

license of the person convicted for a period of one year unless the person has a prior misdemeanor or felony conviction under Section 32-5A-193, in which case the director shall revoke all driving privileges of the convicted person for a period of five years.

"(k) The Director of Public Safety is hereby authorized to director may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

"(1) Has committed an offense for which mandatory revocation of license is required upon conviction;.

"(2) Has been convicted with such frequency of serious offenses against traffic regulations governing the

movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;.

"(3) Is an habitually reckless or negligent driver of a motor vehicle, such fact being established by a record of accidents, or by other evidence;.

"(4) Is incompetent to drive a motor vehicle;.

"(5) Has permitted an unlawful or fraudulent use of such license;.

"(6) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;.

"(7) Has been convicted of fleeing or attempting to elude a police officer; or eluding a law enforcement officer in the second degree.

"(8) Has been convicted of racing on the highways.

"(l) Upon suspending the license of any person as hereinbefore in pursuant to this section authorized, the Director of Public Safety director shall immediately notify the licensee in writing and upon his or her request shall afford him or her an opportunity for a hearing as early as practicable, not to exceed 30 days after receipt of such the request in the county wherein the licensee resides unless the Director of Public Safety director and the licensee agree that such the hearing may be held in some other county. Such The hearing shall be before the Director of Public Safety director or his or her duly authorized agent. Upon such hearing, the Director of Public Safety director or his or her duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses in the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing, the Director of Public Safety director or his or her duly authorized agent shall either rescind its order of suspension or, good cause appearing therefor, may continue, modify, or extend the suspension of such the licensee or revoke such the license. If the license has been suspended as a result of the licensee's driving while under the influence of alcohol, the director or his or her agent conducting the hearing shall take into account, among other relevant factors, the licensee's successful completion of any duly established "highway intoxication seminar," "DWI counterattack course" or similar educational program designed for problem drinking drivers. If the hearing is conducted by a duly authorized agent instead of by the Director of Public Safety himself director, the action of such the agent must shall be approved by the Director of Public Safety director.

"(m) The Director of Public Safety director shall

not suspend a driver's license or privilege to drive a motor

vehicle upon the public highways for a period of more than one

year, except as permitted under Section 32-6-19.

"(n) At the end of the period of suspension a license surrendered to the Director of Public Safety director under subsection (o) shall be returned to the licensee.

"(o) The Director of Public Safety director upon cancelling canceling, suspending, or revoking a license shall require that such the license be surrendered to and be retained by the Director of Public Safety director. Any person whose license has been cancelled, suspended, or revoked shall immediately return his or her license to the Director of Public Safety director. If such the licensee refuses to surrender such his or her license, he or she shall be guilty of a misdemeanor.

"(p) Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this section shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this article.

"(q) Any person denied a license or whose license has been cancelled, suspended, or revoked by the Director of Public Safety director except where such cancellation or revocation is mandatory under the provisions of this article shall have the right to file a petition within 30 days thereafter for a hearing in the matter in the circuit court in the county wherein such person he or she resides, or in the case of cancellation, suspension, or revocation of a nonresident's operating privilege in the county in which the main office of the Director of Public Safety director is located, and such the court is hereby vested with jurisdiction and it shall be its the duty of the court to set the matter for hearing upon 30 days' written notice to the Director of Public Safety director, and thereupon to take testimony and examine into the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under the provisions of this section."

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 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.