HB245 Alabama 2021 Session

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.

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.