SB289 Alabama 2018 Session

Under existing law, it is unlawful to operate tools, machinery, or equipment, or move a building within six feet of a high voltage overhead conductor of electricity unless certain safeguards are in place. In addition, cranes, derricks, power shovels, and similar equipment are required to have a warning sign posted on the equipment concerning the operation within six feet of overhead high voltage lines. Both laws are subject to criminal penalties

This bill would increase the distance under both laws to 10 feet

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

To amend Sections 37-8-52 and 37-8-53 of the Code of Alabama 1975, prohibiting the operation of certain equipment within a certain distance from high voltage overhead conductors of electricity and requiring the posting of warning signs on certain equipment concerning the operation of certain equipment near overhead high voltage electric lines and providing criminal penalties; to increase the distance where operation of the equipment is prohibited and to revise the warning signs required on equipment accordingly; 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.