SB 44

This bill would authorize any Class municipality to designate municipal streets in the municipality where golf carts may lawfully be operated. The bill would provide certain requirements for golf cart operation, including equipment required on a golf cart, insurance, and that the operator be licensed to drive. A municipality would be authorized by ordinance to provide more restrictive conditions on the operation of golf carts in the municipality. Any violation of the act or any ordinance of the municipality would be a traffic infraction punishable by a fine of up to $50

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

Relating to Class 6 municipalities; to authorize any Class 6 municipality to designate municipal streets within the municipality where golf carts may lawfully be operated; to provide for the requirements for golf cart operation; to authorize the municipality to enact by ordinance more restrictive conditions; to provide that any violation would be a traffic infraction punishable in municipal court; 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.

Section 1

(a) Any Class 6 municipality may designate municipal streets or public roads within the municipality for use by golf carts. Before making that designation, the municipality shall first determine that golf carts may safely travel on or across the street or road. The municipality making the safety determination shall consider factors including, but not limited to, the speed, volume, and character of motor vehicle traffic using the road or street. (b) A municipality that authorizes the use of golf carts pursuant to subsection (a) shall inspect any golf cart that an owner wishes to use pursuant to subsection (a) to determine if the safety equipment required by subsection (e) is present on the golf cart and shall verify that the operator of the golf cart on a municipal street or public road is covered by a policy of liability insurance held by the owner of the golf cart. The liability limits for operation of the golf cart shall be the same as for operation of a motor vehicle. If the proper safety equipment is present and the golf cart is covered by liability insurance, the municipality shall issue a permit to the owner upon payment of a permit fee. The municipality may designate the appropriate department of the municipality to inspect and permit golf carts and may adopt rules for permitting golf carts, including providing for a permit fee. (c) A Class 6 municipality may not allow a golf cart to operate on a municipal street or public road where the posted speed limit exceeds 25 miles per hour. (d) Any golf cart permitted under this act shall be equipped with headlights, brake lights, and turn signals, and shall have high visibility markings as determined by the municipality. (e) No person may operate a golf cart on a public street, road, or right-of-way without a driver's license. (f) Any golf carts operated under this act shall be entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any golf cart of the full use of a lane. (g) The operator of a golf cart may not overtake and pass in the same lane occupied by the vehicle being overtaken. (h) A golf cart operated under this act may not be operated between lanes of traffic or between adjacent lines or rows of vehicles. (i) Golf carts may not be operated under this act two or more abreast in a single lane. (j) A municipality may enact an ordinance regarding golf cart operation and equipment that is more restrictive than the restrictions enumerated in this section. Upon enactment, the municipality shall post appropriate signs or otherwise inform residents that the ordinance exists and will be enforced within the jurisdictional limits of the municipality. (k) The unauthorized operation of a golf cart on a municipal street or public road in violation of this act or any ordinance enacted pursuant to this act is a traffic infraction in municipal court punishable by a fine of not more than fifty dollars ($50). (l) Notwithstanding any other provision of this section, a Class 6 municipality may enact an ordinance regarding golf cart operation and equipment that is less restrictive than the restrictions enumerated in this act authorizing the use of golf carts for periods not to exceed 80 hours by the municipality or a civic organization in conjunction with civic events or events to raise funds, promote economic development, or similar purposes as authorized in the ordinance.

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 immediately following its passage and approval by the Governor, or its otherwise becoming law.