Alabama 2023 Regular Session

Alabama House Bill HB107 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB107ENROLLED~~
	1	+	HB107INTRODUCED
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3		-	ZGVQKR-3
	3	+	ZGVQKR-1
4	4		By Representatives Givan, Treadaway (N & P)
5	5		RFD: Public Safety and Homeland Security
6	6		First Read: 07-Mar-23
7		-	2023 Regular Session
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13		-	6 HB107 EnrolledHB107 Enrolled
	11	+	5 ZGVQKR-1 02/08/2023 CMH (L) CMH 2023-23
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15		-	Enrolled, An Act,
16		-	Relating to Jefferson County; to prohibit certain
17		-	forms of street racing and exhibition driving; to authorize
18		-	the county commission to assess civil penalties for
19		-	violations; to authorize the towing and impoundment of a motor
20		-	vehicle for a violation; to provide for the administration and
21		-	enforcement procedures; and to provide adjudicative and
22		-	appellate procedures.
	13	+	A BILL
	14	+	TO BE ENTITLED
	15	+	AN ACT
	16	+	Relating to Jefferson County; to prohibit certain forms
	17	+	of street racing and exhibition driving; to authorize the
	18	+	county commission to assess civil penalties for violations; to
	19	+	authorize the towing and impoundment of a motor vehicle for a
	20	+	violation; to provide for the administration and enforcement
	21	+	procedures; and to provide adjudicative and appellate
	22	+	procedures.
23	23		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24	24		Section 1. (a) This act shall only apply to Jefferson
25	25		County.
26	26		(b) As used in this act, the following terms have the
27	27		following meanings:
28	28		(1) COUNTY COMMISSION. The Jefferson County Commission.
29	29		(2) MOTOR VEHICLE BURNOUT. The practice of
30	30		intentionally keeping a motor vehicle stationary by using the
31	31		brake pedal or parking brake of the vehicle, while
32	32		simultaneously engaging the gas pedal to allow one set of
33	33		wheels to spin. The practice may result in the vehicle tires
34	34		being heated to a sufficient degree so as to cause smoke to
35	35		appear.
36		-	(3) MOTOR VEHICLE DONUT. The intentional and
37		-	unnecessary operation of a motor vehicle in a manner that
38		-	causes the vehicle to move in a zigzag or circular course or
39		-	to gyrate or spin around. The term does not include
40		-	maneuvering the otherwise lawfully operated vehicle when
41		-	necessary to avoid collision, injury, or damage.
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	65	+	(3) MOTOR VEHICLE DONUT. The intentional and
	66	+	unnecessary operation of a motor vehicle in a manner that
	67	+	causes the vehicle to move in a zigzag or circular course or
	68	+	to gyrate or spin around. The term does not include
	69	+	maneuvering the otherwise lawfully operated vehicle when
	70	+	necessary to avoid collision, injury, or damage.
71	71		(4) MOTOR VEHICLE SPEED CONTEST. The operation of two
72	72		or more vehicles at accelerated speeds from a starting point
73	73		to an ending point in a competitive attempt to outdistance
74	74		each other, or the operation of one or more vehicles over a
75	75		common selected course from a starting point to an ending
76	76		point for the purpose of comparing the relative speeds or
77	77		power of acceleration of such vehicle or vehicles within a
78	78		certain distance or time limit. The term includes drag racing.
79	79		(5) MOTOR VEHICLE EXHIBITION OF SPEED. The operation of
80	80		one or more vehicles from a starting point to an ending point,
81	81		or over a common selected course, for the purpose of
82	82		exhibiting the speed or power of the vehicle.
83	83		(6) MOTOR VEHICLE SIDESHOW. An event in which one or
84	84		more persons perform motor vehicle stunts, including burnouts,
85	85		donuts, motor vehicle speed contests, motor vehicle
86	86		exhibitions of speed, or reckless driving, for spectators.
87	87		(7) OFF STREET PARKING FACILITY. Any public or private
88	88		lot, building, or space used for the parking of motor
89	89		vehicles, regardless of whether charges are made for the use
90	90		thereof.
91	91		(8) TRAFFIC ENFORCEMENT OFFICER. Any parking
92	92		enforcement officer or traffic enforcement officer, as
93		-	designated by the Jefferson County Commission or a
94		-	municipality within Jefferson County, who is not required to
95		-	be certified by the Alabama Peace Officers' Standards and
96		-	Training Commission; and any law enforcement officer.
97		-	Section 2. A person may not engage in, or aid or abet
98		-	the furtherance of, any of the following on a public road or
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	122	+	designated by the Jefferson County Commission or a
	123	+	municipality within Jefferson County, who is not required to
	124	+	be certified by the Alabama Peace Officers' Standards and
	125	+	Training Commission; and any law enforcement officer.
	126	+	Section 2. A person may not engage in, or aid or abet
	127	+	the furtherance of, any of the following on a public road or
128	128		highway, off street parking facility, or any other parcel of
129	129		public or private property, without the consent of the owner
130	130		of that property:
131	131		(1) A motor vehicle speed contest.
132	132		(2) A motor vehicle exhibition of speed.
133	133		(3) A motor vehicle sideshow.
134	134		(4) A motor vehicle burnout, motor vehicle donut, or
135	135		other reckless driving maneuver.
136	136		Section 3. (a) Where an automated photographic or video
137	137		traffic enforcement system is authorized to be used by
138	138		existing law, the traffic enforcement system may be used to
139	139		assist in the detection and recording of violations of this
140	140		act. A traffic enforcement officer may issue notices of civil
141	141		violations by mail and prosecute civil violations for the
142	142		recorded or observed violations which occur within the county
143	143		limits.
144	144		(b) In addition, the county commission, by resolution,
145	145		may provide for a civil penalty to be assessed upon an
146	146		adjudication of a violation of this act.
147	147		Section 4. (a) A traffic enforcement officer who
148	148		observes a violation of this act, or who obtains proof of a
149	149		violation through the use of an automated photographic or
150		-	video traffic enforcement system, may cause a motor vehicle
151		-	operated in violation of this section to be towed and
152		-	impounded at the registered owner's expense as follows:
153		-	(1) On a first violation, for a period of 10 days.
154		-	(2) On a second violation, for a period of 20 days.
155		-	(3) On a third or subsequent violation, for a period of
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	179	+	video traffic enforcement system, may cause a motor vehicle
	180	+	operated in violation of this section to be towed and
	181	+	impounded at the registered owner's expense as follows:
	182	+	(1) On a first violation, for a period of 10 days.
	183	+	(2) On a second violation, for a period of 20 days.
	184	+	(3) On a third or subsequent violation, for a period of
185	185		30 days.
186	186		(b) The traffic enforcement officer making the
187	187		impoundment shall direct an approved towing service to tow the
188	188		vehicle to the garage of the towing service, storage lot, or
189	189		other place of safety and maintain custody and control of the
190	190		vehicle for the required amount of time. Thereafter, the
191	191		registered owner or authorized agent of the registered owner
192	192		may claim the vehicle by paying all reasonable and customary
193	193		towing and storage fees for the services of the towing
194	194		company. The vehicle shall then be released to the registered
195	195		owner or an agent of the owner.
196	196		(c) Any towing service or towing company removing the
197	197		vehicle at the direction of a traffic enforcement officer in
198	198		accordance with this act shall have a lien on the motor
199	199		vehicle for all reasonable and customary fees relating to the
200	200		towing and storage of the motor vehicle. This lien shall be
201	201		subject and subordinate to all prior security interests and
202	202		other liens affecting the vehicle whether evidenced on the
203	203		certificate of title or otherwise. Notice of any sale or other
204	204		proceedings relative to this lien shall be given to the
205	205		holders of all prior security interests or other liens by
206	206		official service of process at least 15 days prior to any sale
207		-	or other proceedings.
208		-	(d) Subject to the requirements of this act, the
209		-	provisions of Chapter 13 of Title 32, Code of Alabama 1975,
210		-	relating to the impoundment and sale of abandoned motor
211		-	vehicles, shall apply to any person in possession of a motor
212		-	vehicle impounded pursuant to this section.
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	236	+	or other proceedings.
	237	+	(d) Subject to the requirements of this act, the
	238	+	provisions of Chapter 13 of Title 32, Code of Alabama 1975,
	239	+	relating to the impoundment and sale of abandoned motor
	240	+	vehicles, shall apply to any person in possession of a motor
	241	+	vehicle impounded pursuant to this section.
242	242		(e) Notwithstanding anything in this section to the
243	243		contrary, a person who is adjudicated to have not committed a
244	244		violation of this section shall not be required to pay any
245	245		reasonable and customary towing and storage fees for the
246		-	services of the towing company. All reasonable and customary
247		-	towing and storage fees shall be paid to the towing company by
248		-	the governing body employing the traffic enforcement officer
249		-	who directed the vehicle to be towed as required by Section
250		-	4(b).
	246	+	services of the towing company.
251	247		Section 5. (a) The district court is vested with the
252	248		power and jurisdiction to hear and adjudicate the civil
253	249		violations provided for in this act, and to issue orders
254	250		imposing any civil penalty authorized by the county
255	251		commission, and to order the towing and impoundment of a motor
256	252		vehicle in violation of this act.
257	253		(b) A person who receives a notice of violation may
258	254		contest the imposition of the civil penalty or the towing and
259	255		impoundment of the motor vehicle by submitting a request for a
260	256		hearing on the adjudication of the civil violation, in
261	257		writing, within 15 days of the 10th day after the date the
262	258		notice of violation is mailed. Upon receipt of a timely
263	259		request, the county commission shall notify the person of the
264	260		date and time of the adjudicative hearing.
265	261		(c) Failure to pay a civil penalty or to contest
266	262		liability as provided in the notice of violation.
267	263		(d) The civil penalty and court costs shall not be
268		-	assessed if, after a hearing, the court enters a finding of no
269		-	liability. In addition, the person shall not be required to
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	293	+	assessed if, after a hearing, the court enters a finding of no
	294	+	liability. In addition, the person shall not be required to
299	295		pay any costs or fees or the towing or impoundment of the
300	296		motor vehicle.
301	297		(e) If an adjudicative hearing is requested, the county
302	298		commission shall have the burden of proving the violation by a
303	299		preponderance of the evidence. The reliability of a
304	300		photographic traffic signal enforcement system used to produce
305	301		the recorded image of the violation may be attested to by
306	302		affidavit of a trained technician. An affidavit of a trained
307	303		technician that alleges a violation based on an inspection of
308	304		the pertinent recorded image is admissible in a proceeding
309	305		under this act and is evidence of the facts contained in the
310	306		affidavit.
311	307		(f) The notice of violation, the recorded and
312	308		reproduced images of the traffic signal violation, regardless
313	309		of the media on which they are recorded, accompanied by a
314	310		certification of authenticity of a trained technician, and
315	311		evidence of ownership of a vehicle as shown by copies or
316	312		summaries of official records shall be admissible into
317	313		evidence without foundation unless the court finds there is an
318	314		indication of untrustworthiness, in which case the county
319	315		commission shall be given a reasonable opportunity to lay an
320	316		evidentiary foundation.
321	317		(g) All other matters of evidence and procedure not
322	318		specifically addressed in this part shall be subject to the
323	319		rules of evidence and the rules of procedure as they apply in
324	320		the small claims courts of this state, except that on any
325		-	appeal to the circuit court for trial de novo the evidence and
326		-	procedures shall be as for any civil case in the circuit court
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	350	+	appeal to the circuit court for trial de novo the evidence and
	351	+	procedures shall be as for any civil case in the circuit court
356	352		except as otherwise provided in this act.
357	353		(h) A person who is found liable for the civil
358	354		violation after an adjudicative hearing or who requests an
359	355		adjudicative hearing and thereafter fails to appear at the
360	356		time and place of the hearing is liable for court costs and
361	357		fees set out herein in addition to the amount of the civil
362	358		penalty assessed for the violation. A person who is found
363	359		liable for a civil violation after an adjudicative hearing
364	360		shall pay any civil penalty and court costs assessed by the
365	361		court within 10 days of the hearing.
366	362		(i) Whenever payment of a civil penalty is owed to the
367	363		county commission, the amount of the civil penalty as set by
368	364		resolution may not be increased, decreased, or remitted by the
369	365		court, and the liability may be satisfied only by payment.
370	366		Section 6. (a) It shall be an affirmative defense to
371	367		the imposition of civil liability under this act, to be proven
372	368		by a preponderance of the evidence, that:
373	369		(1) The motor vehicle was stolen or being operated by a
374	370		person other than the owner of the vehicle without the
375	371		effective consent of the owner.
376	372		(2) The license plate depicted in the recorded image of
377	373		the violation was a stolen plate and being displayed on a
378	374		motor vehicle other than the motor vehicle for which the plate
379	375		had been issued.
380	376		(3) The person who received the notice of violation was
381	377		not the owner of the motor vehicle at the time of the
382		-	violation.
383		-	(b) To demonstrate that at the time of the violation
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	407	+	violation.
	408	+	(b) To demonstrate that at the time of the violation
413	409		the motor vehicle was a stolen vehicle or the license plate
414	410		displayed on the motor vehicle was a stolen plate, the owner
415	411		must submit proof acceptable to the hearing officer that the
416	412		theft of the vehicle or license plate, prior to the time of
417	413		the violation, had been timely reported to the appropriate law
418	414		enforcement agency.
419	415		Section 7. Notwithstanding anything in this act to the
420	416		contrary, a person who fails to pay the amount of a civil
421	417		penalty or to contest liability in a timely manner is entitled
422	418		to an adjudicative hearing on the violation if:
423	419		(1) The person files an affidavit with the hearing
424	420		officer stating the date on which the person received the
425	421		notice of violation that was mailed to the person, if not
426	422		received by the 10th day after same is mailed.
427	423		(2) Within 15 days of the date of actual receipt, the
428	424		person requests an administrative adjudicative hearing.
429	425		Section 8. (a) Following an adjudicative hearing, the
430	426		court shall issue an order stating:
431	427		(1) Whether the person charged with the civil violation
432	428		is liable for the violation; and
433	429		(2) If so, the amount of the civil penalty assessed
434	430		against the person, along with any other fees and costs of
435	431		court.
436	432		(b) The orders issued under this section may be filed
437	433		in the office of the Judge of Probate of Jefferson County, and
438	434		shall operate as a judicial lien in the same manner and with
439		-	the same weight and effect as any other civil judgment filed
440		-	therein.
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	464	+	the same weight and effect as any other civil judgment filed
	465	+	therein.
470	466		(c) A person who is found liable after an adjudicative
471	467		hearing may appeal that finding of civil liability to the
472	468		circuit court, by filing a notice of appeal with the clerk of
473	469		the municipal court. The notice of appeal must be filed not
474	470		later than the 14th day after the date on which the municipal
475	471		court judge entered the finding of civil liability. The filing
476	472		of a notice of appeal shall stay the enforcement of the civil
477	473		penalty. An appeal shall be determined by the circuit court by
478	474		trial de novo.
479	475		Section 9. The circuit court hearing an appeal shall
480	476		use the procedures that apply to criminal proceedings with the
481	477		following qualifications:
482	478		(1) The proceedings shall retain their civil nature on
483	479		appeal with the circuit court applying the preponderance of
484	480		the evidence standard.
485	481		(2) If the person is adjudicated by the circuit court
486	482		to be responsible for payment of a civil penalty, circuit
487	483		court costs shall be owed by the person adjudicated
488	484		responsible, with 100 percent of those court costs retained by
489	485		the circuit court. Court costs in the circuit court shall be
490	486		calculated as are court costs for criminal appeals from the
491	487		municipal court, and in the event the circuit court finds the
492	488		person appealing to not be responsible, no court costs shall
493	489		be owed to the county commission.
494	490		(3) Regardless of the civil nature of the proceedings,
495	491		the circuit court, in its discretion and for its
496		-	administrative convenience, may assign case numbers as for
497		-	criminal appeals and place the appeals on criminal dockets
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	521	+	administrative convenience, may assign case numbers as for
	522	+	criminal appeals and place the appeals on criminal dockets
527	523		(4) The circuit court shall sit as trier of both fact
528	524		and law in the civil proceedings in the circuit court.
529	525		(5) The county commission shall be responsible for
530	526		providing an attorney to represent the county commission and
531	527		to prosecute the civil proceedings in the circuit court.
532	528		Section 10. In the event the evidence produced by a
533	529		photographic traffic signal enforcement system does not
534	530		produce an image of the license plate with sufficient clarity
535	531		for a traffic enforcement officer to determine the identity of
536	532		the owner, and if the identity cannot otherwise be reliably
537	533		established, then no notice of violation may be issued
538	534		pursuant to this act. If, however, a notice of violation is
539	535		issued, to the degree constitutionally allowed, those issues
540	536		related to the identity of the vehicle or its owner shall
541	537		affect the weight to be accorded the evidence and shall not
542	538		affect its admissibility.
543	539		Section 11. This act shall become effective on the
544	540		first day of the third month following its passage and
545	541		approval by the Governor, or its otherwise becoming law.
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564		-	271 HB107 EnrolledHB107 Enrolled
565		-	Page 11
566		-	________________________________________________
567		-	Speaker of the House of Representatives
568		-	________________________________________________
569		-	President and Presiding Officer of the Senate
570		-	House of Representatives
571		-	I hereby certify that the within Act originated in and
572		-	was passed by the House 06-Apr-23, as amended.
573		-	John Treadwell
574		-	Clerk
575		-	Senate 03-May-23
576		-	Passed
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