SB 58 — Relating to motor vehicles; to prohibit certain motor vehicle speed contests, motor vehicle exhibitions of speed, and motor vehicle sideshows; to provide criminal penalties for a violation; 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 Section 111.05 of the Constitution of Alabama of 2022.

SB58 INTRODUCEDENGROSSED O7S1WM-1O7S1WM-2 By Senator Smitherman RFD:

07-Mar-23 Page 0 O7S1WM-1SB58 03/07/2023Engrossed CMH2 (L)4 bm6 2023-774A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT Relating to motor vehicles;

This bill would prohibit certain motor vehicle speed contests, motor vehicle exhibitions of speed, and motor vehicle sideshows and to provide criminal penalties for a violation.

Section 111.05 of the Constitution of Alabama of 2022, 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.

A BILL Page 1 SB58 INTRODUCED TO BE ENTITLED AN ACT Relating to motor vehicles;

(a)Article As14, usedcommencing inwith thisSection section,13A-11-300, theis followingadded termsto haveChapter 11 of Title 13A of the followingCode meanings:of Alabama 1975, to read as follows:

Article 14 §13A-11-300 (a) As used in this section, the following terms have the following meanings:

The practice of intentionally keeping a motor vehicle stationary by using the brake pedal or parking brake of the vehicle, while simultaneously engaging the gas pedal to allow one set of Page 1 SB58 Engrossed wheels to spin.

The operation of two or more vehicles at accelerated speeds from a starting point Page 2 SB58 INTRODUCED to an ending point in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from a starting point to an ending point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.

Any public or private lot, building, or space used for the parking of motor vehicles, regardless of whether charges are made for the use Page 2 SB58 Engrossed thereof.

Page 3 SB58 INTRODUCED (c) A person convicted of violating subsection (b)(b), shallfor be punished upon a first convictionviolation, byshall imprisonmentbe forguilty a period of nota lessClass thanC fivemisdemeanor, days nor more than 90 days, or by fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by both fine and imprisonment,for and on a second or subsequent convictionviolation shall be punishedguilty byof imprisonment for not less than 10 days nor more than six months, or by a fineClass ofB notmisdemeanor. less than fifty dollars ($50) nor more than five hundred dollars ($500), or by both fine and imprisonment.

In addition, the court may prohibit the 95 person from driving a motor vehicle on the public highways of this state for a period not exceeding six months.

In addition, the court Page 3 SB58 Engrossed shall prohibit the person from operating a motor vehicle on the public highways of this state for a period of two years.

In Page 4 SB58 INTRODUCED addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for not less than two years.

(e)(1)(e) AAny lawcontracts enforcementin officerplace whobetween arrestsan aarresting personmunicipality forand athe violationcounty offor thisthe section,actual orhousing whocosts otherwiseof seizes95 aindividuals vehiclehoused in violationthe ofcounty thisjail section,shall mayapply cause the vehicle to bean towedarrest andmade impoundedby ata themunicipal registeredpolice owner'sofficer expenseresulting forin notmisdemeanor lesscharges thanunder 48this hours.act.

If no contract is in place, the arresting municipality shall reimburse the county for the actual housing costs of the incarceration of any individuals held on misdemeanor charges.

(f)(1) A law enforcement officer who arrests a person for a violation of this section, or who otherwise seizes a vehicle in violation of this section, may cause the vehicle to be towed and impounded at the registered owner's expense for not less than 48 hours.

The Page 4 SB58 Engrossed vehicle shall then be released to the registered owner or an agent of the owner.

NoticeAn owner of anya salemotor orvehicle otherseized proceedingsor relativeimpounded tounder this liensubdivision shallmay becontest giventhe topropriety of the holdersseizure, ofcontinued allimpoundment, priorand securityassociated interestsfines or otherfees liensin byaccordance officialwith servicethe procedures of processSection at20-2-93(1) leastor 15Rule days3.13(a) priorof tothe anyAlabama saleRules orof otherCriminal proceedings.Procedure.

Page(2) 5A SB58financial INTRODUCEDinstitution (2)that Ifhas a personlien hason beena convictedmotor ofvehicle threeas orcollateral morefor violationsa ofloan thisshall section,have the motorright vehicleto operatedpreserve byits thelien person in accordance with the commissionterms of the offenseloan shallagreement be seized and mayapplicable belaw. deemed contraband and forfeited pursuant to Section 20-2-93, Code of Alabama 1975.

(f)A Ifcredit aunion person'sshall privilegebe entitled to operatereceive anotice, motorby vehiclefirst isclass suspendedmail, orat restrictedleast by15 adays courtprior pursuant to thisany section,sale the court shall notify the Alabama State Law Enforcement Agency and the license of the person shall be suspended or restrictedtransfer for the period by the Secretary of thea Alabamavehicle Stateon Lawwhich Enforcementit Agencyhas pursuanta tolien. Section 32-5A-195, Code of Alabama 1975.

(g) NothingIf ina thisperson sectionhas appliesbeen toconvicted privateof motorthree speedways or othermore areasviolations of privatethis landsection, wherethe racingmotor orvehicle stuntoperated drivingby activitiesthe areperson authorizedin tothe commission of the offense shall be performedseized byand forfeited pursuant to the ownerprocedures andof operatorSection thereof.20-2-93, Code of Alabama 1975.

(h) If a person's privilege to operate a motor vehicle is suspended or restricted by a court pursuant to this section, the court shall notify the Alabama State Law Page 5 SB58 Engrossed Enforcement Agency and the license of the person shall be suspended or restricted for the period by the Secretary of the Alabama State Law Enforcement Agency pursuant to Section 32-5A-195, Code of Alabama 1975.

(i) Nothing in this section applies to private motor speedways or other areas of private land where racing or stunt driving activities are authorized to be performed by the owner and operator thereof.

Page 6 SB58 Engrossed Senate Read for the first time and referred ................07-Mar-23 to the Senate committee on Judiciary Read for the second time and placed ................05-Apr-23 on the calendar:

3 amendments Read for the third time and passed ................06-Apr-23 as amended Yeas 33 Nays 0 Abstains 0 Patrick Harris, Secretary.

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