SB63 By Senator Chambliss RFD Governmental Affairs Rd 1 04-FEB-20

SYNOPSIS: Under existing law, a low-speed vehicle, such as a golf cart, may not be operated upon the public highways of the state unless the manufacturer of the low-speed vehicle certifies that it conforms with 49 C.F.R. § 571.500 and is properly registered.

Also under existing law, municipalities in Baldwin County and Class 2 municipalities, by ordinance, may authorize the use of golf carts or other low-speed vehicles that do not comply with 49 C.F.R. § 571.500.

This bill would provide that a person is prohibited from operating a nonconforming low-speed vehicle on the public highways unless authorized by ordinance or resolution under certain conditions.

This bill would establish a fine for a violation.

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 the use of nonconforming low-speed vehicles on the public highways unless authorized by ordinance or resolution; to provide conditions for authorization; to provide a fine for a violation; to provide certain exemptions; 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) As used in this section, the term nonconforming low-speed vehicle means a four-wheeled motor vehicle with a top speed not greater than 35 miles per hour, which has a gross vehicle weight rating of less than 3,000 pounds and which does not comply with 49 C.F.R. § Section 571.500.

(b) Except as provided in subsection (c), a person may not operate a nonconforming low-speed vehicle on any public highway of the state.

(c) The governing body of a county or municipality, by resolution or ordinance, may authorize the operation of nonconforming low-speed vehicles on the public highways of the county or municipality, so long as the ordinance provides for all of the following minimum standards:

(1) The nonconforming low-speed vehicle may not be operated on a public highway with a speed limit greater than 35 miles per hour, except a nonconforming low-speed vehicle may be permitted to cross a public highway.

(2) The driver of the nonconforming low-speed vehicle must have a valid driver's license.

(3) The vehicle may only be operated between sunrise and sunset, unless the vehicle is equipped with headlights, brake lights, turn signals, and a windshield.

(d) A person who violates subsection (b) is guilty of a traffic violation, punishable by a fine of twenty-five dollars ($25).

(e) This section does not apply to the operation of any farm tractor or agricultural implement, agricultural equipment, or agricultural product.

(f) This section does not apply to mini-trucks registered under Section 32-6-59, Code of Alabama 1975.

(g) Conforming and nonconforming low-speed vehicles that are owned or operated by a public institution of higher education are exempt from the requirements of this section and are not required to be registered when operated on property owned by those public institutions.

(h) This section does not supersede, repeal, or affect any local legislation relating to the operation of low-speed vehicles that is in effect prior to the effective date of this act.

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

Municipalities

Counties

Highways, Roads, and Bridges