HB183 Alabama 2013 Session

This bill would enable county and municipal boards of education to approve in their jurisdiction a process of civil enforcement of offenses related to overtaking a school bus by using automated detection devices, and allowing a civil notice of violation to be issued by mail. It would provide that the owner of the vehicle is presumptively responsible but provide procedures to transfer responsibility or to contest the notice of violation. The bill would allow a law enforcement agency or a local governing entity, in consultation with a school system, to enter an agreement with a private vendor for the installation, operation, notice processing, and administration of a school bus automated device. District and municipal courts would be granted subject matter jurisdiction to adjudicate the civil notice. The bill would provide procedures for civil action taken pursuant to this act. The bill would provide for the destruction of all images and other recorded information within certain time periods. The bill would provide for appeals. Civil fines would be authorized. Any person who becomes responsible for payment of the civil fine would not have the violation entered on the driver's history, not suffer other adverse consequences so long as the civil fine is timely paid, and insurance companies could not use a violation to set or change insurance rates. Failure to timely pay a civil fine would result in civil collection efforts by a county or a municipal board of education

Authorizing automated enforcement related to overtaking a school bus in counties and municipalities as a civil offense; authorizing a county or municipal board of education to approve, in their respective jurisdiction, a civil process of automated detection device of a school bus violation enforcement; requiring certain procedures to be followed by a county or municipal board of education using automated school bus enforcement; making the owner of the vehicle involved in a violation presumptively responsible for payment of a civil fine, but providing procedures to contest responsibility or transfer responsibility to another person; providing for jurisdiction in district courts and in municipal courts over the civil offenses; providing for procedures for administrating this act; allowing a law enforcement agency or a local governing entity to enter agreements with vendors of automated devices; providing for the destruction of recorded information after certain time periods; and allowing appeals to the circuit court; providing enforcement regarding licensing, titling and driver's license issuance and renewal until the civil fine is paid.