HB246 Alabama 2017 Session

Under existing law, obedience to signals and stopping of motor vehicles is required at railroad grade crossings and persons moving heavy equipment are required to stop at railroad grade crossings. A violation of these laws is a misdemeanor

This bill would provide that the laws would apply when other on-track equipment is approaching the railroad grade crossing as well as when a railroad train is approaching. The same criminal penalties would apply

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

Relating to railroad grade crossing; to amend Sections 32-5A-150, 32-5A-151, and 32-5A-152 of the Code of Alabama 1975; to provide that obedience to signals and requirements for vehicles and persons moving heavy equipment to stop would apply at railroad grade crossings when other on-track equipment is approaching a railroad grade crossing as well as when a railroad train is approaching; 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.