HB107INTRODUCED
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HB107
CCPLWJ-1
By Representatives Clouse, Paramore(Constitutional Amendment)
RFD: Local Legislation
First Read: 06-Feb-24
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6 CCPLWJ-1 10/04/2023 FC (L)ma 2023-2568
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First Read: 06-Feb-24
SYNOPSIS:
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to Dale
County, to authorize municipalities in the county to
permit the limited operation of golf carts on municipal
streets or public roads subject to restrictions and
civil penalties for violations.
A BILL
TO BE ENTITLED
AN ACT
Relating to Dale County; to propose an amendment to the
Constitution of Alabama of 2022, authorizing a municipality in
the county to permit the limited operation of golf carts on a
municipal street or public road; to provide limitations; to
require the driver to have a driver license; to require the
operator of a golf cart on a municipal street or public
roadway to be covered by liability insurance; and to authorize
the municipality to assess a civil penalty for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed and shall become valid as a
part of the constitution when all requirements of this act and
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part of the constitution when all requirements of this act and
applicable constitutional provisions are fulfilled:
PROPOSED AMENDMENT
(a) A municipality in Dale County 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.
Upon a determination that golf carts may be safely operated on
the designated street or road, the municipality shall post
appropriate signs to indicate that the operation of golf carts
is authorized.
(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
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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 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) A municipality may limit the operation of a golf
cart pursuant to this section to only between the hours of
sunrise and sunset.
(e) The golf cart shall be equipped with headlights,
brake lights, turn signals, and a windshield.
(f) No person may operate a golf cart on a public
street or road without a driver license.
(g) 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.
(h) All golf carts 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.
(i) The operator of a golf cart may not overtake and
pass in the same lane occupied by the vehicle being overtaken.
(j) A golf cart may not be operated between lanes of
traffic or between adjacent lines or rows of vehicles.
(k) Golf carts may not be operated two or more abreast
in a single lane.
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in a single lane.
(l) The unauthorized operation of a golf cart on a
municipal street or public road is a violation for which the
municipality may collect a civil penalty of up to fifty
dollars ($50).
(m) Notwithstanding any other provision of this
amendment, a municipality may enact an ordinance regarding
golf cart operation and equipment that is less restrictive
than the restrictions enumerated in this amendment 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.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierachy, spelling, and punctuation for
purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal and external citations and cross-references; and
translate effective date.
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, and 285
of the Constitution of Alabama of 2022, and the election laws
of this state.
Section 3. The appropriate election official shall
assign a ballot number for the proposed constitutional
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assign a ballot number for the proposed constitutional
amendment on the election ballot and shall set forth the
following description of the substance or subject matter of
the proposed constitutional amendment:
"Relating to Dale County, proposing an amendment to the
Constitution of Alabama of 2022, to (a) A municipality in Dale
County 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.
Upon a determination that golf carts may be safely operated on
the designated street or road, the municipality shall post
appropriate signs to indicate that the operation of golf carts
is authorized.
(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
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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 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) A municipality may limit the operation of a golf
cart pursuant to this section to only between the hours of
sunrise and sunset.
(e) The golf cart shall be equipped with headlights,
brake lights, turn signals, and a windshield.
(f) No person may operate a golf cart on a public
street or road without a driver license.
(g) 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.
(h) All golf carts 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.
(i) The operator of a golf cart may not overtake and
pass in the same lane occupied by the vehicle being overtaken.
(j) A golf cart may not be operated between lanes of
traffic or between adjacent lines or rows of vehicles.
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traffic or between adjacent lines or rows of vehicles.
(k) Golf carts may not be operated two or more abreast
in a single lane.
(l) The unauthorized operation of a golf cart on a
municipal street or public road is a violation for which the
municipality may collect a civil penalty of up to fifty
dollars ($50).
(m) Notwithstanding any other provision of this
amendment, a municipality may enact an ordinance regarding
golf cart operation and equipment that is less restrictive
than the restrictions enumerated in this amendment 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.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
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