HB410 By Representatives Faulkner, Jones (M) and Reynolds RFD Public Safety and Homeland Security Rd 1 05-MAR-20

SYNOPSIS: Under existing law, a reduced speed school zone is established for every school in the county outside the corporate limits of a municipality.

Also under existing law, a person who is convicted of a school zone speed violation is assessed a fine double the amount prescribed by law for outside of the school zone.

This bill would expand the reduced speed school zone to include every public and private school in the state.

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 reduced speed school zones; to amend Sections 32-5A-181, 32-5A-182, and 32-5A-183, Code of Alabama 1975, to provide that the reduced speed school zone applies to every public and private school 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 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. Sections 32-5A-181, 32-5A-182, and 32-5A-183, Code of Alabama 1975, are amended to read as follows:

§32-5A-181.

"For the purposes of this article, the following words have the following meanings:

"(1) REDUCED SPEED SCHOOL ZONE. A designated length of a road or highway extending between school zone speed limit signs with or without warning lights.

"(2) ROAD or HIGHWAY. Any road or highway except an interstate highway.

"(3) SCHOOL ZONE. All public or private school property, including school grounds and any road or highway abutting the school grounds and extending 300 feet along the road or highway from the school grounds.

§32-5A-182.

"A reduced speed school zone is established for any every public or private school in the county outside the corporate limits of a municipality state, including schools along state-maintained roads or highways.

"(1) At an appropriate distance before reaching a reduced speed school zone, an appropriate sign or signs shall be erected warning of the approaching reduced speed school zone.

"(2) A sign or signs at the end of the school zone shall designate where the motor vehicle may resume the regular speed limits.

"(3) All signs and signing locations shall be in accordance with the rules contained in the current Manual of Uniform Traffic Control Devices.

§32-5A-183.

"(a) Signs on a reduced speed school zone located on a county-maintained road shall be placed and maintained by the county commission.

"(b) Signs on a reduced speed school zone located on a municipality-maintained road shall be placed and maintained by the municipality.

"(b) (c) Signs on a reduced speed school zone located on a state-maintained road or highway within a county shall be placed and maintained by the State Department of Transportation."

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

Counties

Municipalities

Highways, Roads, and Bridges

Schools

Code Amended