AL
Alabama House Bill HB436

Alabama 2022 Regular Session

Alabama House Bill HB436 Compare Versions

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11 1 HB436
2-2 217925-2
2+2 217925-1
33 3 By Representative Sells (Constitutional Amendment)
44 4 RFD: Local Legislation
55 5 First Read: 02-MAR-22
66
7-Page 0 HB436
8-1
9-2 ENROLLED, An Act,
10-3 Relating to Butler County; to propose an amendment
11-4 to the Constitution of Alabama of 1901, authorizing a
12-5 municipality in the county to permit the limited operation of
13-6 golf carts on a municipal street or public road; to provide
14-7 limitations; to require the driver to have a driver's license;
15-8 to require the operator of a golf cart on a municipal street
16-9 or public roadway to be covered by liability insurance; and to
17-10 authorize the municipality to assess a civil penalty for
18-11 violations.
19-12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
20-13 Section 1. The following amendment to the
21-14 Constitution of Alabama of 1901, is proposed and shall become
22-15 valid as a part of the Constitution when all requirements of
23-16 this act are fulfilled:
24-17 PROPOSED AMENDMENT
25-18 (a) A municipality in Butler County may designate
26-19 municipal streets or public roads within the municipality for
27-20 use by golf carts. Before making that designation, the
28-21 municipality shall first determine that golf carts may safely
29-22 travel on or across the street or road. The municipality
30-23 making the safety determination shall consider factors
31-24 including, but not limited to, the speed, volume, and
32-25 character of motor vehicle traffic using the road or street.
33-Page 1 HB436
34-1 Upon a determination that golf carts may be safely operated on
35-2 the designated street or road, the municipality shall post
36-3 appropriate signs to indicate that the operation of golf carts
37-4 is authorized.
38-5 (b) A municipality that authorizes the use of golf
39-6 carts pursuant to subsection (a) shall inspect any golf cart
40-7 that an owner wishes to use pursuant to subsection (a) to
41-8 determine if the safety equipment required by subsection (e)
42-9 is present on the golf cart and shall verify that the operator
43-10 of the golf cart on a municipal street or public road is
44-11 covered by a policy of liability insurance held by the owner
45-12 of the golf cart. The liability limits for operation of the
46-13 golf cart shall be the same as for operation of a motor
47-14 vehicle. If the proper safety equipment is present and the
48-15 golf cart is covered by liability insurance, the municipality
49-16 shall issue a permit to the owner upon payment of a permit
50-17 fee. The municipality may designate the appropriate department
51-18 of the municipality to inspect and permit golf carts and may
52-19 adopt rules for permitting golf carts, including providing for
53-20 a permit fee.
54-21 (c) A municipality may not allow a golf cart to
55-22 operate on a municipal street or public road where the posted
56-23 speed limit exceeds 25 miles per hour.
57-Page 2 HB436
58-1 (d) A municipality may limit the operation of a golf
59-2 cart pursuant to this section to only between the hours of
60-3 sunrise and sunset.
61-4 (e) The golf cart shall be equipped with headlights,
62-5 brake lights, turn signals, and a windshield.
63-6 (f) No person may operate a golf cart on a public
64-7 street or road without a driver's license.
65-8 (g) A municipality may enact an ordinance regarding
66-9 golf cart operation and equipment that is more restrictive
67-10 than the restrictions enumerated in this section. Upon
68-11 enactment, the municipality shall post appropriate signs or
69-12 otherwise inform residents that the ordinance exists and will
70-13 be enforced within the jurisdictional limits of the
71-14 municipality.
72-15 (h) All golf carts shall be entitled to full use of
73-16 a lane, and no motor vehicle shall be driven in such a manner
74-17 as to deprive any golf cart of the full use of a lane.
75-18 (i) The operator of a golf cart may not overtake and
76-19 pass in the same lane occupied by the vehicle being overtaken.
77-20 (j) A golf cart may not be operated between lanes of
78-21 traffic or between adjacent lines or rows of vehicles.
79-22 (k) Golf carts may not be operated two or more
80-23 abreast in a single lane.
81-24 (l) The unauthorized operation of a golf cart on a
82-25 municipal street or public road is a violation for which the
83-Page 3 HB436
84-1 municipality may collect a civil penalty of up to fifty
85-2 dollars ($50).
86-3 (m) Notwithstanding any other provision of this
87-4 amendment, a municipality may enact an ordinance regarding
88-5 golf cart operation and equipment that is less restrictive
89-6 than the restrictions enumerated in this amendment authorizing
90-7 the use of golf carts for periods not to exceed 80 hours by
91-8 the municipality or a civic organization in conjunction with
92-9 civic events or events to raise funds, promote economic
93-10 development, or similar purposes as authorized in the
94-11 ordinance.
95-12 Upon ratification of this constitutional amendment
96-13 and contingent upon the ratification of the Constitution of
97-14 Alabama of 2022, the Code Commissioner shall number and place
98-15 this amendment as appropriate in the constitution based upon a
99-16 logical sequence and the particular subject or topic of the
100-17 amendment. In this amendment, the Code Commissioner may change
101-18 capitalization, spelling, and punctuation for the purpose of
102-19 style and uniformity; correct manifest grammatical, clerical,
103-20 and typographical errors; and correct incorrect
104-21 cross-references. When publishing the Constitution of Alabama
105-22 of 2022, the Code Commissioner may omit this instructional
106-23 paragraph.
107-24 Section 2. An election upon the proposed amendment
108-25 shall be held in accordance with Section 284.01 of the
109-Page 4 HB436
110-1 Constitution of Alabama of 1901, now appearing as Section
111-2 284.01 of the Official Recompilation of the Constitution of
112-3 Alabama of 1901, as amended, and the election laws of this
113-4 state.
114-5 Section 3. The appropriate election official shall
115-6 assign a ballot number for the proposed constitutional
116-7 amendment on the election ballot and shall set forth the
117-8 following description of the substance or subject matter of
118-9 the proposed constitutional amendment:
119-10 Relating to Butler County, proposing an amendment to
120-11 the Constitution of Alabama of 1901, to authorize any
121-12 municipality in the county to allow limited operation of golf
122-13 carts on designated municipal streets or public roads subject
123-14 to restrictions and civil penalties for violations.
124-15 "Proposed by Act _________"
125-16 This description shall be followed by the following
126-17 language:
127-18 "Yes ( ) No ( )."
128-Page 5 HB436
129-1
7+Page 0 1 217925-1:n:02/22/2022:FC/ma LSA2022-760
1308 2
1319 3
13210 4
133-Speaker of the House of Representatives
134-
13511 5
136-6 President and Presiding Officer of the Senate
137-House of Representatives7
138-I hereby certify that the within Act originated in8
139-9 and was passed by the House 10-MAR-22.
140-10
141-11 Jeff Woodard
142-12 Clerk
143-13
12+6
13+7
14+8 SYNOPSIS: This bill would propose an amendment to the
15+9 Constitution of Alabama of 1901, relating to Butler
16+10 County, to authorize municipalities in the county
17+11 to permit the limited operation of golf carts on
18+12 municipal streets or public roads subject to
19+13 restrictions and civil penalties for violations.
14420 14
145- 15
146-Senate16 30-MAR-22 Passed
147- 17
148-Page 6
21+15 A BILL
22+16 TO BE ENTITLED
23+17 AN ACT
24+18
25+19 Relating to Butler County; to propose an amendment
26+20 to the Constitution of Alabama of 1901, authorizing a
27+21 municipality in the county to permit the limited operation of
28+22 golf carts on a municipal street or public road; to provide
29+23 limitations; to require the driver to have a driver's license;
30+24 to require the operator of a golf cart on a municipal street
31+25 or public roadway to be covered by liability insurance; and to
32+26 authorize the municipality to assess a civil penalty for
33+27 violations.
34+Page 1 1 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
35+2 Section 1. The following amendment to the
36+3 Constitution of Alabama of 1901, is proposed and shall become
37+4 valid as a part of the Constitution when all requirements of
38+5 this act are fulfilled:
39+6 PROPOSED AMENDMENT
40+7 (a) A municipality in Butler County may designate
41+8 municipal streets or public roads within the municipality for
42+9 use by golf carts. Before making that designation, the
43+10 municipality shall first determine that golf carts may safely
44+11 travel on or across the street or road. The municipality
45+12 making the safety determination shall consider factors
46+13 including, but not limited to, the speed, volume, and
47+14 character of motor vehicle traffic using the road or street.
48+15 Upon a determination that golf carts may be safely operated on
49+16 the designated street or road, the municipality shall post
50+17 appropriate signs to indicate that the operation of golf carts
51+18 is authorized.
52+19 (b) A municipality that authorizes the use of golf
53+20 carts pursuant to subsection (a) shall inspect any golf cart
54+21 that an owner wishes to use pursuant to subsection (a) to
55+22 determine if the safety equipment required by subsection (e)
56+23 is present on the golf cart and shall verify that the operator
57+24 of the golf cart on a municipal street or public road is
58+25 covered by a policy of liability insurance held by the owner
59+26 of the golf cart. The liability limits for operation of the
60+27 golf cart shall be the same as for operation of a motor
61+Page 2 1 vehicle. If the proper safety equipment is present and the
62+2 golf cart is covered by liability insurance, the municipality
63+3 shall issue a permit to the owner upon payment of a permit
64+4 fee. The municipality may designate the appropriate department
65+5 of the municipality to inspect and permit golf carts and may
66+6 adopt rules for permitting golf carts, including providing for
67+7 a permit fee.
68+8 (c) A municipality may not allow a golf cart to
69+9 operate on a municipal street or public road where the posted
70+10 speed limit exceeds 25 miles per hour.
71+11 (d) A municipality may limit the operation of a golf
72+12 cart pursuant to this section to only between the hours of
73+13 sunrise and sunset.
74+14 (e) The golf cart shall be equipped with headlights,
75+15 brake lights, turn signals, and a windshield.
76+16 (f) No person may operate a golf cart on a public
77+17 street or road without a driver's license.
78+18 (g) A municipality may enact an ordinance regarding
79+19 golf cart operation and equipment that is more restrictive
80+20 than the restrictions enumerated in this section. Upon
81+21 enactment, the municipality shall post appropriate signs or
82+22 otherwise inform residents that the ordinance exists and will
83+23 be enforced within the jurisdictional limits of the
84+24 municipality.
85+25 (h) All golf carts shall be entitled to full use of
86+26 a lane, and no motor vehicle shall be driven in such a manner
87+27 as to deprive any golf cart of the full use of a lane.
88+Page 3 1 (i) The operator of a golf cart may not overtake and
89+2 pass in the same lane occupied by the vehicle being overtaken.
90+3 (j) A golf cart may not be operated between lanes of
91+4 traffic or between adjacent lines or rows of vehicles.
92+5 (k) Golf carts may not be operated two or more
93+6 abreast in a single lane.
94+7 (l) The unauthorized operation of a golf cart on a
95+8 municipal street or public road is a violation for which the
96+9 municipality may collect a civil penalty of up to fifty
97+10 dollars ($50).
98+11 (m) Notwithstanding any other provision of this
99+12 amendment, a municipality may enact an ordinance regarding
100+13 golf cart operation and equipment that is less restrictive
101+14 than the restrictions enumerated in this amendment authorizing
102+15 the use of golf carts for periods not to exceed 80 hours by
103+16 the municipality or a civic organization in conjunction with
104+17 civic events or events to raise funds, promote economic
105+18 development, or similar purposes as authorized in the
106+19 ordinance.
107+20 Upon ratification of this constitutional amendment
108+21 and contingent upon the ratification of the Constitution of
109+22 Alabama of 2022, the Code Commissioner shall number and place
110+23 this amendment as appropriate in the constitution based upon a
111+24 logical sequence and the particular subject or topic of the
112+25 amendment. In this amendment, the Code Commissioner may change
113+26 capitalization, spelling, and punctuation for the purpose of
114+27 style and uniformity; correct manifest grammatical, clerical,
115+Page 4 1 and typographical errors; and correct incorrect
116+2 cross-references. When publishing the Constitution of Alabama
117+3 of 2022, the Code Commissioner may omit this instructional
118+4 paragraph.
119+5 Section 2. An election upon the proposed amendment
120+6 shall be held in accordance with Section 284.01 of the
121+7 Constitution of Alabama of 1901, now appearing as Section
122+8 284.01 of the Official Recompilation of the Constitution of
123+9 Alabama of 1901, as amended, and the election laws of this
124+10 state.
125+11 Section 3. The appropriate election official shall
126+12 assign a ballot number for the proposed constitutional
127+13 amendment on the election ballot and shall set forth the
128+14 following description of the substance or subject matter of
129+15 the proposed constitutional amendment:
130+16 Relating to Butler County, proposing an amendment to
131+17 the Constitution of Alabama of 1901, to authorize any
132+18 municipality in the county to allow limited operation of golf
133+19 carts on designated municipal streets or public roads subject
134+20 to restrictions and civil penalties for violations.
135+21 "Proposed by Act _________"
136+22 This description shall be followed by the following
137+23 language:
138+24 "Yes ( ) No ( )."
139+Page 5