Compare versions

--- version:Introduced
+++ version:(document, no version)
@@ -1,672 +1,20 @@
-SB147 INTRODUCED
-Page 0
-SB147
-V7I81LL-1
-By Senator Allen
-RFD: Veterans, Military Affairs and Public Safety
-First Read: 14-Jan-26
-1
-2
-3
-4
-5
-V7I81LL-1 01/13/2026 CMH (L)bm 2025-3581
+FN-2JV2PKI-1
 Page 1
-First Read: 14-Jan-26
-SYNOPSIS:
-This bill would establish the Alabama
-Construction Zone Safety Act to authorize the Alabama
-Department of Transportation to install an automated
-photographic speed enforcement system in construction
-zones on the public highways of the state.
-This bill would also require the Alabama State
-Law Enforcement Agency to operate the automated
-photographic speed enforcement system and issue civil
-traffic citations to the owners of motor vehicles
-recorded traveling 10 or more miles per hour over the
-posted speed limit in a construction zone.
-A BILL
-TO BE ENTITLED
-AN ACT
-Relating to public safety; to establish the Alabama
-Construction Zone Safety Act; to authorize the Alabama
-Department of Transportation to install an automated
-photographic speed enforcement system in a construction zone
-on the public highways of the state; to authorize the Alabama
-State Law Enforcement Agency to operate the automated
-photographic speed enforcement system; to authorize the
-1
-2
-3
-4
-5
-6
-7
-8
-9
-10
-11
-12
-13
-14
-15
-16
-17
-18
-19
-20
-21
-22
-23
-24
-25
-26
-27
-28
-SB147 INTRODUCED
-Page 2
-photographic speed enforcement system; to authorize the
-issuance of civil traffic citations for violations; to
-establish a process for contesting and appealing a citation;
-and to establish affirmative defenses to a violation.
-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
-Section 1.  This act shall be known and may be cited as
-the Alabama Construction Zone Safety Act.
-Section 2.  As used in this act, the following terms
-have the following meanings:
-(1) AUTOMATED PHOTOGRAPHIC SPEED ENFORCEMENT SYSTEM. A
-camera system that is designed to record a digital image of
-motor vehicles engaged in speeding violations.
-(2) CIVIL TRAFFIC CITATION. A non-criminal citation
-created pursuant to this act, the penalty for which is a civil
-fine, and the enforceability of which is accomplished through
-civil action.
-(3) OWNER. The owner of a motor vehicle as shown on the
-motor vehicle registration records of the Alabama Department
-of Revenue or the analogous department or agency of another
-state or country, except as follows:
-a. The term does not include a motor vehicle rental or
-leasing company when a motor vehicle registered by the company
-is rented or leased to another person under a rental or lease
-agreement with the company, in which event "owner" means the
-person to whom the vehicle is rented or leased.
-b. The term does not include a motor vehicle displaying
-a dealer license plate, in which event "owner" means the
-person to whom the vehicle is assigned for use.
-c. The term does not include the owner of any stolen
-29
-30
-31
-32
-33
-34
-35
-36
-37
-38
-39
-40
-41
-42
-43
-44
-45
-46
-47
-48
-49
-50
-51
-52
-53
-54
-55
-56
-SB147 INTRODUCED
-Page 3
-c. The term does not include the owner of any stolen
-motor vehicle, in which event "owner" means the person who is
-guilty of stealing the motor vehicle.
-(4) SPEEDING VIOLATION. Any violation of a motor
-vehicle at a speed that exceeds 10 miles per hour over the
-posted speed limit.
-Section 3.  (a) The Department of Transportation may
-install automated photographic speed enforcement systems to
-monitor motor vehicle activity in construction zones on the
-public highways of the state.
-(b) The automated photographic speed enforcement system
-shall be a camera system that is designed and installed to
-work in conjunction with an electrically operated speed
-detection device synchronized to automatically record digital
-imaging of motor vehicles. The device shall be capable of
-producing at least two recorded images, at least one of which
-is capable of clearly depicting the license plate of a motor
-vehicle that is speeding.
-(c) The department may place automated photographic
-speed enforcement systems at construction zones without public
-notice of the specific location, may change locations without
-public notice, and may install and move as needed decoy
-devices designed to resemble photographic speeding enforcement
-systems.
-Section 4.  (a) The Alabama State Law Enforcement Agency
-shall operate automated photographic speed enforcement systems
-that are installed pursuant to Section 3 to detect and record
-speeding violations on the public highways of the state when
-all of the following are satisfied:
-57
-58
-59
-60
-61
-62
-63
-64
-65
-66
-67
-68
-69
-70
-71
-72
-73
-74
-75
-76
-77
-78
-79
-80
-81
-82
-83
-84
-SB147 INTRODUCED
-Page 4
-all of the following are satisfied:
-(1) The moving vehicle is in a construction zone
-designated by the Department of Transportation or a political
-subdivision of the state.
-(2) Construction or maintenance workers are present at
-the construction zone.
-(3) Work zone traffic control devices, traffic
-controls, or warning signs are present to notify motorists of
-construction or maintenance workers in the area.
-(b) The Alabama State Law Enforcement Agency shall
-issue a civil traffic citation to the registered owner of a
-motor vehicle that is recorded operating at a speed that
-exceeds 10 miles per hour over the posted speed limit in the
-construction zone under the conditions described in subsection
-(a).
-(c) When a violation is recorded under Section 4, the
-Alabama State Law Enforcement Agency shall send to the owner
-of the motor vehicle, via first class United States mail, a
-notice of the civil traffic citation which was recorded by the
-automated photographic speed enforcement system while
-committing a speeding violation. The notice shall be sent not
-later than 30 days after the date the speeding violation is
-recorded, as follows:
-(1) If the vehicle is registered in this state, to the
-registered owner's address as shown on the registration
-records of the Department of Revenue.
-(2) If the vehicle is registered in another state or
-country, to the registered owner's address as shown on the
-motor vehicle registration records of the other state or
-85
-86
-87
-88
-89
-90
-91
-92
-93
-94
-95
-96
-97
-98
-99
-100
-101
-102
-103
-104
-105
-106
-107
-108
-109
-110
-111
-112
-SB147 INTRODUCED
-Page 5
-motor vehicle registration records of the other state or
-country.
-(d) The notice shall contain all of the following:
-(1) A description of the violation alleged, including
-the speed at which the motor vehicle is alleged to have been
-operated, and the maximum speed applicable at the location.
-(2) The date, time, and location of the speeding
-violation.
-(3) A copy of recorded images of the vehicle involved
-in the speeding violation.
-(4) The amount of the civil penalty to be imposed for
-the speeding violation.
-(5) The date by which the civil penalty must be paid.
-For purposes of this subdivision, the Alabama State Law
-Enforcement Agency shall require the civil penalty to be paid
-by a date certain, not less than 60 days following issuance of
-the notice of violation.
-(6) A statement that the person named in the notice of
-violation may pay the civil penalty in lieu of appearing at an
-administrative adjudication hearing.
-(7) A statement that the person has the right to
-contest the imposition of the civil penalty in an
-administrative adjudication and information about the manner
-and time in which the person may contest the imposition of the
-civil penalty.
-(8) A statement that failure to pay the civil penalty
-or to contest liability is an admission of liability.
-(9) A statement that a recorded image is evidence in a
-proceeding for the imposition of a civil penalty.
-113
-114
-115
-116
-117
-118
-119
-120
-121
-122
-123
-124
-125
-126
-127
-128
-129
-130
-131
-132
-133
-134
-135
-136
-137
-138
-139
-140
-SB147 INTRODUCED
-Page 6
-proceeding for the imposition of a civil penalty.
-(10) A statement that failure to pay the civil penalty
-within the time allowed may result in the imposition of a late
-penalty not exceeding twenty-five dollars ($25) for each month
-after the issuance of the order imposing the civil penalty.
-(11) Any other information necessary for issuing the
-public notice.
-(e) In lieu of issuing a notice of violation, the
-Alabama State Law Enforcement Agency may mail a warning notice
-to the registered owner. The Alabama State Law Enforcement
-Agency shall exercise discretion in which recorded speeding
-violations are prosecuted based upon the quality and
-legibility of the recorded image.
-Section 5.  (a) Failure to pay a civil penalty or to
-contest liability in a timely manner is an admission of
-liability in the full amount of the civil fine assessed in the
-notice of violation.
-(b) Prior to the imposition of a late penalty for
-failure to pay or failure to contest liability, the Alabama
-State Law Enforcement Agency shall send a second notice to the
-registered owner of the vehicle. The second notice shall be
-sent by certified mail and shall include the information
-required under Section 4(d).
-Section 6.  (a) A speeding violation under this act
-shall be prosecuted by the local district attorney in the same
-manner as non-felony traffic infractions are prosecuted,
-except the burden of proof for the prosecution of the speeding
-violation shall be the preponderance of the evidence standard.
-(b)(1) Speeding violations under this act shall be
-141
-142
-143
-144
-145
-146
-147
-148
-149
-150
-151
-152
-153
-154
-155
-156
-157
-158
-159
-160
-161
-162
-163
-164
-165
-166
-167
-168
-SB147 INTRODUCED
-Page 7
-(b)(1) Speeding violations under this act shall be
-punished by a civil fine of two hundred dollars ($200), which
-shall be collected as other civil judgments are collected.
-Court costs may not be assessed except as provided in
-subsection (c).
-(2) In no event shall a speeding violation be
-punishable by a criminal fine or imprisonment.
-(3) The Secretary of the Alabama State Law Enforcement
-Agency shall not assess any points against a driver license or
-suspend or revoke a driver license for a speeding violation.
-(c) A person who is found liable for the speeding
-violation after an adjudicative hearing or who requests an
-adjudicative hearing and thereafter fails to appear at the
-time and place of the hearing is liable for court costs and
-fees set in addition to the amount of the civil penalty
-assessed for the speeding violation. A person who is found
-liable for a speeding violation after an adjudicative hearing
-shall pay the civil penalty and costs within 60 days of the
-hearing.
-(d) Whenever a person is ordered to pay a civil penalty
-under this act, the amount of the civil penalty as set by this
-act may not be increased, decreased, or remitted by the court,
-and the liability may be satisfied only by payment in full.
-(e) An order issued under this section shall have the
-same weight and effect as any other civil judgment.
-Section 7.  (a) For purposes of this act, a person shall
-be deemed a "trained technician" if he or she is a law
-enforcement officer who has received instruction and training
-in the proper use of the automated photographic speed
-169
-170
-171
-172
-173
-174
-175
-176
-177
-178
-179
-180
-181
-182
-183
-184
-185
-186
-187
-188
-189
-190
-191
-192
-193
-194
-195
-196
-SB147 INTRODUCED
-Page 8
-in the proper use of the automated photographic speed
-enforcement system by the manufacturer, the vendor installing
-the system, or the county or municipal engineer.
-(b) The reliability of the photographic speed
-enforcement system used to produce the recorded image of the
-speeding violation may be attested to by affidavit of a
-trained technician.
-(c) An affidavit of a trained technician that alleges a
-violation based on an inspection of the pertinent recorded
-image is admissible in a proceeding under this act and is
-evidence of the facts contained in the affidavit.
-(d) The notice of violation, the recorded and
-reproduced images of the speeding violation, regardless of the
-media on which they are recorded, accompanied by a
-certification of authenticity of a trained technician, and
-evidence of ownership of a vehicle as shown by copies or
-summaries of official records, shall be admissible into
-evidence without foundation unless the court finds there is an
-indication of untrustworthiness, in which case the prosecution
-shall be given a reasonable opportunity to lay an evidentiary
-foundation.
-(e) All other matters of evidence and procedure not
-specifically addressed in this act shall be subject to the
-rules of evidence and the rules of procedure as they apply in
-the prosecution of traffic infractions.
-Section 8.  Each of the following shall be an
-affirmative defense to the imposition of liability under this
-act:
-(1) The operator of the motor vehicle was acting in
-197
-198
-199
-200
-201
-202
-203
-204
-205
-206
-207
-208
-209
-210
-211
-212
-213
-214
-215
-216
-217
-218
-219
-220
-221
-222
-223
-224
-SB147 INTRODUCED
-Page 9
-(1) The operator of the motor vehicle was acting in
-compliance with the lawful order or direction of a police
-officer.
-(2) The motor vehicle was being operated as an
-authorized emergency vehicle.
-(3) The motor vehicle was stolen or being operated by a
-person other than the owner of the vehicle without the
-effective consent of the owner.
-(4) The license plate depicted in the recorded image of
-the speeding violation was a stolen license plate and being
-displayed on a motor vehicle other than the motor vehicle for
-which the license plate had been issued.
-(5) The presence of ice, snow, unusual amounts of rain,
-or other unusually hazardous road conditions existed that
-would make compliance with this act more dangerous under the
-circumstances than noncompliance.
-(6) The person who received the notice of civil traffic
-citation was not the owner of the motor vehicle at the time of
-the speeding violation.
-Section 9.  (a) 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 court.
-(b) The notice of appeal must be filed not later than
-15 days after the date on which the court entered the finding
-of civil liability.
-(c) The filing of a notice of appeal shall stay the
-enforcement of the civil penalty. An appeal shall be
-determined by the circuit court by trial de novo.
-225
-226
-227
-228
-229
-230
-231
-232
-233
-234
-235
-236
-237
-238
-239
-240
-241
-242
-243
-244
-245
-246
-247
-248
-249
-250
-251
-252
-SB147 INTRODUCED
-Page 10
-determined by the circuit court by trial de novo.
-(d) The circuit court hearing an appeal shall use the
-procedures that apply to criminal convictions, subject to the
-following qualifications:
-(1) The proceedings shall retain their civil nature on
-appeal with the circuit court applying the preponderance of
-the evidence standard.
-(2) If the person is adjudicated by the circuit court
-to be responsible for payment of the civil penalty, circuit
-court costs shall be owed by the person adjudicated
-responsible, with 100 percent of those court costs retained by
-the circuit court. Court costs in the circuit court shall be
-calculated as are court costs for criminal appeals, and in the
-event the circuit court finds the person appealing to not be
-responsible, no court costs shall be owed.
-(3) The circuit court may assign case numbers as for
-criminal appeals and place the appeals on criminal dockets in
-the same manner as criminal appeals from municipal court.
-(4) The circuit court shall sit as trier of both fact
-and law in the civil proceedings in the circuit court.
-(5) A defendant shall be entitled to representation by
-an attorney in the same manner as in a criminal proceeding.
-Section 10.  (a) In the event the evidence produced by
-an automated photographic speed enforcement system does not
-produce an image of the license plate with sufficient clarity
-for a trained technician to determine the identity of the
-owner, and if the identity cannot otherwise be reliably
-established, then no notice of speeding violation may be
-issued pursuant to this act.
-253
-254
-255
-256
-257
-258
-259
-260
-261
-262
-263
-264
-265
-266
-267
-268
-269
-270
-271
-272
-273
-274
-275
-276
-277
-278
-279
-280
-SB147 INTRODUCED
-Page 11
-issued pursuant to this act.
-(b) If a notice of violation is issued, the issue of
-whether an image of a license plate is sufficiently clear to
-identify the vehicle is admissible as to the weight of the
-evidence.
-Section 11.  The Department of Transportation shall
-place traffic control devices in conformity to the most recent
-edition of the Traffic Engineering Handbook. There is a
-presumption that the department's actions are in compliance
-with this section unless the contrary is shown by a
-preponderance of the evidence.
-Section 12.  No civil penalty may be imposed and no
-adjudication of liability for a civil violation may be made
-under this act if the operator of the vehicle was arrested or
-was issued a citation and notice to appear by a law
-enforcement officer for a criminal violation of any other
-portion of Title 32, Code of Alabama 1975, or any other
-municipal ordinance that embraces and incorporates the
-statutes contained in that title, and which occurred
-simultaneously with and under the same set of circumstances
-recorded by the automated photographic speed enforcement
-system.
-Section 13.  All civil penalties collected under this
-act shall be distributed as follows:
-(1) Fifty percent to the Public Safety Fund of the
-Alabama State Law Enforcement Agency and shall be used
-exclusively for law enforcement purposes.
-(2) Fifty Percent to the Public Road and Bridge Fund of
-the Department of Transportation and shall be used exclusively
-281
-282
-283
-284
-285
-286
-287
-288
-289
-290
-291
-292
-293
-294
-295
-296
-297
-298
-299
-300
-301
-302
-303
-304
-305
-306
-307
-308
-SB147 INTRODUCED
-Page 12
-the Department of Transportation and shall be used exclusively
-in the construction, repair, maintenance, and operation of
-public roads and bridges in this state, including public roads
-in state parks and any toll road or toll bridge constructed by
-the Department of Transportation or maintained and operated by
-it or under its supervision.
-Section 14.  This act shall become effective on October
-1, 2026.
-309
-310
-311
-312
-313
-314
-315
+FISCAL NOTE
+Senate Bill 147
+Committee: Veterans, Military Affairs, and Public Safety Sponsor: Senator Gerald H. Allen
+Analyst: Jennifer Farish Date: 01/21/2026
+Senate Bill 147 as introduced could increase receipts, by undetermined amounts, to the Public
+Safety Fund and the Public Road and Bridge Fund  from civil traffic citations issued by the
+Alabama Law Enforcement Agency (ALEA) in the amount of $200, to persons recorded
+speeding by an automated photographic speed enforcement system in a construction zone; and
+could decrease receipts, by a corresponding amount to the State General Fund.
+Additionally, this bill could increase receipts to the State General Fund and the county general
+funds to which court costs are deposited dependent on the number of people determined to be
+liable for a construction zone speeding violation after an adjudicative hearing or that failed to
+appear for an adjudicative hearing for the speeding violation.
+Finally, this bill could increase the obligations to the Alabama Department of Transportation
+(DOT) for the installation of automated speed enforcement systems in construction zones on
+public highways, depending on the number of automated speed enforcement systems installed.
+Per the department the cost for automated speed enforcement system placed in a work zone can
+range from $200,000-$400,000, depending on the length of the construction project.