HB383 By Representative Greer RFD Public Safety and Homeland Security Rd 1 03-MAR-20

SYNOPSIS: Under existing law, the Department of Transportation and county commissions may designate areas along the county roads and highways of the state as construction zones and may set reduced speed construction zone speed limits.

Existing law also provides that a person who commits a violation of a construction zone speed limit shall be assessed a fine of double the amount prescribed by law outside of a construction zone.

This bill would further provide for the violation to include all moving violations committed within a construction zone while workers are present and while there are work zone traffic control devices or warning signs present to notify motorists of construction and maintenance workers in the area.

This bill would provide that the penalty for a construction zone violation is the greater of $250 or double the amount prescribed by law outside of a construction zone.

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 the rules of the road; to amend Section 32-5A-176.1, Code of Alabama 1975, to provide further for construction zone speed violations to include moving violations; to further provide 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. Section 32-5A-176.1, Code of Alabama 1975, is amended to read as follows:

§32-5A-176.1.

"(a) A person commits a construction zone moving violation if, while operating a motor vehicle, he or she commits any violation of Chapter 5 or Chapter 5A of Title 32 under all of the following conditions:

"(1) The person is in a construction zone designated by the Department of Transportation or a political subdivision of the state.

"(2) Construction or maintenance workers are present and performing construction or maintenance work.

"(3) There are work zone traffic control devices, traffic controls, or warning signs present to notify motorists and pedestrians of construction or maintenance workers in the area.

"(a) (b) The State Department of Transportation may set the speed limits in urban and rural construction zones along state and interstate highways and the county commission of a county may set the speed limits in urban and rural construction zones along county roads or highways. The construction zone speed limits shall be posted on the department's standard size speed limit signs at least one hundred feet in advance of the entrance to a construction zone. Law enforcement authorities shall enforce construction zone speed limits.

"(c) Upon conviction of a construction zone speed moving violation, the operator of the motor vehicle shall be assessed a fine of the greater of two hundred fifty dollars ($250) or double the amount prescribed by law outside a construction zone. The fine shall only be doubled for construction zone violations if construction personnel are present and that fact is indicated by appropriate signs.

"(d) The Warning signs, shall be placed at the entrance of the construction zone, and shall warn of the doubled additional fines for speeding committing a moving violation within a construction zone. The signs shall also state that the doubled additional fines are applicable only when construction personnel are present.

"(b) (e) The State Department of Transportation may promulgate adopt and implement administrative rules and procedures as it deems necessary to both carry out the provisions of subsection (a) on state and interstate highways and enforce this section and to ensure the safety of private and public construction and maintenance personnel working in designated construction zones on state and interstate highways. A county commission may promulgate and implement administrative rules and procedures as it deems necessary to carry out the provisions of subsection (a) enforce this section on county roads and highways, provided the rules and procedures are not in conflict with those set by the State Department of Transportation.

"(c) (f) A person subject to a penalty pursuant to this section shall may not be assessed additional court costs on conviction."

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

Crimes and Offenses

Criminal Law and Procedure

Code Amended