HB465 By Representative Pettus RFD Public Safety and Homeland Security Rd 1 22-MAR-16

SYNOPSIS: This bill would impose an additional $200 penalty on any driver who is convicted of driving at a speed of 25 miles per hour or more over the posted speed limit under certain conditions.

A BILL TO BE ENTITLED AN ACT

Relating to additional fees for certain super speeding offenses; to include a $200 penalty for any driver who is convicted of driving at a speed of 25 miles per hour over the posted speed limit under certain conditions; to require the Alabama Law Enforcement Agency to provide notice to offenders of the imposition of the fee; and to provide for the distribution of the penalties.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For the purposes of this section, "agency" means the Alabama Law Enforcement Agency.

(b) In addition to any other fines or penalties imposed by any local jurisdiction or the agency, the agency shall administer and collect a civil penalty of two hundred dollars ($200) from any driver who is convicted of driving at a speed of 25 miles per hour or more over the posted speed limit, provided that the posted speed limit is 50 miles per hour or greater. A driver, upon conviction, shall be classified as a "super speeder."

(c) The agency shall notify offenders of the imposition of the penalty under this section within 30 days after receipt of a qualifying ticket and notice of conviction. Failure to pay the penalty within 90 days after receipt of the notice shall result in the suspension of the driver's license or driving privileges of the offender, and, in addition to the existing fees and penalties, a fee of fifty dollars ($50) shall be assessed, payable upon the application for reinstatement of the driver's license or driving privileges. Notice shall be provided by the agency to the offender by first class mail to the address shown on the records of the agency. The mailed notice shall be adequate notification of the fee and of the offender's ability to avoid a driver's license suspension by paying the fee prior to the effective date of the suspension. No other notice shall be required to make the driver's license suspension effective.

(d) The agency may adopt rules to implement this section.

(e) All civil penalties collected pursuant to this section shall be deposited in the Highway Traffic Safety Fund on a monthly basis. After the deduction of the actual and necessary expenses of administering this act, the net proceeds shall be distributed as follows:

(1) Thirty-three and one-third percent shall be deposited in the Motor Vehicle Replacement Fund of the agency.

(2) Sixty and one-third percent shall be deposited in the Highway Traffic Safety Fund. One-third of this amount shall be used to improve communications for first responders and the remaining two-thirds shall be used to hire additional state troopers.

(3) Six and one-third percent shall be deposited in the Alabama Peace Officers' Annuity and Benefit Fund as authorized by Section 36-21-66, Code of Alabama 1975.

Section 2. 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

Traffic Violations

Drivers' Licenses

Alabama State Law Enforcement Agency

Speeding