Amendment vs bill Amendment 3TAAVZ-1 vs Enrolled

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HB107 ENROLLED ZGVQKR-3 By Representatives Givan, Treadaway (N & P) RFD:
3TAAVZ-1 03/07/2023 CMH (L) CMH 2023-23 House Jefferson County Legislation Engrossed Substitute for HB107 2 4 A BILL TO BE ENTITLED AN ACT 9 Relating to Jefferson County;
Public Safety and Homeland Security First Read:
07-Mar-23 2023 Regular Session Page 0 HB107 Enrolled Enrolled, An Act, 3 Relating to Jefferson County;
(3) MOTOR VEHICLE DONUT.
Page 1 House Jefferson County Legislation Engrossed Substitute for HB107 (3) MOTOR VEHICLE DONUT.
Page 1 HB107 Enrolled (4) MOTOR VEHICLE SPEED CONTEST.
(4) MOTOR VEHICLE SPEED CONTEST.
Any parking enforcement officer or traffic enforcement officer, as designated by the Jefferson County Commission or a municipality within Jefferson County, who is not required to be certified by the Alabama Peace Officers' Standards and Training Commission;
Any parking enforcement officer or traffic enforcement officer, as Page 2 House Jefferson County Legislation Engrossed Substitute for HB107 designated by the Jefferson County Commission or a municipality within Jefferson County, who is not required to be certified by the Alabama Peace Officers' Standards and Training Commission;
A person may not engage in, or aid or abet the furtherance of, any of the following on a public road or Page 2 HB107 Enrolled highway, off street parking facility, or any other parcel of public or private property, without the consent of the owner of that property:
A person may not engage in, or aid or abet the furtherance of, any of the following on a public road or highway, off street parking facility, or any other parcel of public or private property, without the consent of the owner of that property:
(a) A traffic enforcement officer who observes a violation of this act, or who obtains proof of a violation through the use of an automated photographic or video traffic enforcement system, may cause a motor vehicle operated in violation of this section to be towed and impounded at the registered owner's expense as follows:
(a) A traffic enforcement officer who observes a violation of this act, or who obtains proof of a violation through the use of an automated photographic or Page 3 House Jefferson County Legislation Engrossed Substitute for HB107 video traffic enforcement system, may cause a motor vehicle operated in violation of this section to be towed and impounded at the registered owner's expense as follows:
(3) On a third or subsequent violation, for a period of Page 3 HB107 Enrolled 30 days.
(3) On a third or subsequent violation, for a period of 30 days.
(b) The traffic enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle for the required amount of time.
(b) The traffic enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or 95 other place of safety and maintain custody and control of the vehicle for the required amount of time.
The vehicle shall then be released to the registered 95 owner or an agent of the owner.
The vehicle shall then be released to the registered owner or an agent of the owner.
Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 15 days prior to any sale or other proceedings.
Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 15 days prior to any sale Page 4 House Jefferson County Legislation Engrossed Substitute for HB107 or other proceedings.
Page 4 HB107 Enrolled (e) Notwithstanding anything in this section to the contrary, a person who is adjudicated to have not committed a violation of this section shall not be required to pay any reasonable and customary towing and storage fees for the services of the towing company.
(e) Notwithstanding anything in this section to the contrary, a person who is adjudicated to have not committed a violation of this section shall not be required to pay any reasonable and customary towing and storage fees for the services of the towing company.
Upon receipt of a timely request, the county commission shall notify the person of the date and time of the adjudicative hearing.
Upon receipt of a timely request, the county commission shall notify the person of the Page 5 House Jefferson County Legislation Engrossed Substitute for HB107 date and time of the adjudicative hearing.
In addition, the person shall not be required to Page 5 HB107 Enrolled pay any costs or fees or the towing or impoundment of the motor vehicle.
In addition, the person shall not be required to pay any costs or fees or the towing or impoundment of the motor vehicle.
(g) All other matters of evidence and procedure not specifically addressed in this part shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to the circuit court for trial de novo the evidence and procedures shall be as for any civil case in the circuit court Page 6 HB107 Enrolled except as otherwise provided in this act.
Page 6 House Jefferson County Legislation Engrossed Substitute for HB107 (g) All other matters of evidence and procedure not specifically addressed in this part shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to the circuit court for trial de novo the evidence and procedures shall be as for any civil case in the circuit court except as otherwise provided in this act.
(2) The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued.
(2) The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a Page 7 House Jefferson County Legislation Engrossed Substitute for HB107 motor vehicle other than the motor vehicle for which the plate had been issued.
(b) To demonstrate that at the time of the violation Page 7 HB107 Enrolled the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate, prior to the time of the violation, had been timely reported to the appropriate law enforcement agency.
(b) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate, prior to the time of the violation, had been timely reported to the appropriate law enforcement agency.
and (2) If so, the amount of the civil penalty assessed against the person, along with any other fees and costs of court.
and (2) If so, the amount of the civil penalty assessed against the person, along with any other fees and costs of Page 8 House Jefferson County Legislation Engrossed Substitute for HB107 court.
Page 8 HB107 Enrolled (c) A person who is found liable after an adjudicative hearing may appeal that finding of civil liability to the circuit court, by filing a notice of appeal with the clerk of the municipal court.
(c) A person who is found liable after an adjudicative hearing may appeal that finding of civil liability to the circuit court, by filing a notice of appeal with the clerk of the municipal court.
Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing to not be responsible, no court costs shall be owed to the county commission.
Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the Page 9 House Jefferson County Legislation Engrossed Substitute for HB107 person appealing to not be responsible, no court costs shall be owed to the county commission.
(3) Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets Page 9 HB107 Enrolled (4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court.
(3) Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets (4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court.
Page 10 HB107 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 06-Apr-23, as amended.
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John Treadwell Clerk Senate 03-May-23 Passed Page 11