| 1 | 1 | | 1 SB65 |
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| 2 | 2 | | 2 212288-1 |
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| 3 | 3 | | 3 By Senator Chambliss |
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| 4 | 4 | | 4 RFD: Governmental Affairs |
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| 5 | 5 | | 5 First Read: 11-JAN-22 |
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| 6 | 6 | | |
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| 7 | 7 | | Page 0 1 212288-1:n:03/29/2021:AHP/cmg LSA2021-982 |
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| 8 | 8 | | 2 |
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| 9 | 9 | | 3 |
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| 10 | 10 | | 4 |
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| 11 | 11 | | 5 |
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| 12 | 12 | | 6 |
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| 13 | 13 | | 7 |
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| 14 | 14 | | 8 SYNOPSIS: Existing law requires individuals riding a |
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| 15 | 15 | | 9 motorcycle or motor-driven cycle to wear protective |
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| 16 | 16 | | 10 headgear. |
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| 17 | 17 | | 11 This bill would require the protective |
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| 18 | 18 | | 12 headgear to be equipped with reflective features |
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| 19 | 19 | | 13 for high visibility. |
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| 20 | 20 | | 14 This bill would also require the Director of |
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| 21 | 21 | | 15 the Department of Public Safety to approve |
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| 22 | 22 | | 16 reflective features for use on motorcycle helmets. |
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| 23 | 23 | | 17 |
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| 24 | 24 | | 18 A BILL |
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| 25 | 25 | | 19 TO BE ENTITLED |
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| 26 | 26 | | 20 AN ACT |
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| 27 | 27 | | 21 |
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| 28 | 28 | | 22 Relating to motorcycles; to amend Section 32-5A-245, |
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| 29 | 29 | | 23 Code of Alabama 1975; to require protective headgear worn by a |
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| 30 | 30 | | 24 motorcyclist to be equipped with reflective features for high |
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| 31 | 31 | | 25 visibility; and to require the Director of the Department of |
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| 32 | 32 | | 26 Public Safety to approve reflective features for use on |
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| 33 | 33 | | 27 motorcycle helmets. |
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| 34 | 34 | | Page 1 1 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 35 | 35 | | 2 Section 1. Section 32-5A-245, Code of Alabama 1975, |
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| 36 | 36 | | 3 is amended to read as follows: |
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| 37 | 37 | | 4 "ยง32-5A-245. |
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| 38 | 38 | | 5 "(a) No person shall operate or ride upon a |
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| 39 | 39 | | 6 motorcycle or motor-driven cycle unless he or she is wearing |
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| 40 | 40 | | 7 protective headgear that is equipped with reflective features, |
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| 41 | 41 | | 8 approved by the Director of the Department of Public Safety, |
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| 42 | 42 | | 9 on both sides for high visibility and which otherwise complies |
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| 43 | 43 | | 10 with standards established by Section 32-12-41. |
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| 44 | 44 | | 11 "(b) No person shall operate or ride upon a |
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| 45 | 45 | | 12 motorcycle or motor-driven cycle unless he or she is wearing |
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| 46 | 46 | | 13 shoes. |
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| 47 | 47 | | 14 "(c) This section shall not apply to persons riding |
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| 48 | 48 | | 15 within an enclosed cab. |
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| 49 | 49 | | 16 "(d) The Director of Public Safety is hereby |
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| 50 | 50 | | 17 authorized to director shall approve or disapprove protective |
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| 51 | 51 | | 18 headgear and reflective features, and to issue and enforce |
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| 52 | 52 | | 19 regulations establishing standards and specifications for the |
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| 53 | 53 | | 20 approval thereof. The Director of Public Safety director shall |
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| 54 | 54 | | 21 publish lists of all protective headgear which have been |
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| 55 | 55 | | 22 approved by him or her. |
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| 56 | 56 | | 23 "(e) No person shall knowingly permit or allow any |
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| 57 | 57 | | 24 juvenile for whom he or she is a parent or guardian to operate |
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| 58 | 58 | | 25 or ride upon a motorcycle or motor-driven cycle while not |
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| 59 | 59 | | 26 wearing a protective helmet of the kind authorized by Section |
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| 60 | 60 | | 27 32-12-41 described in subsection (a). |
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| 61 | 61 | | Page 2 1 "(f) No person shall knowingly permit or allow any |
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| 62 | 62 | | 2 juvenile for whom he or she is a parent or guardian to operate |
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| 63 | 63 | | 3 or ride upon a motorcycle or motor-driven cycle while not |
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| 64 | 64 | | 4 wearing shoes. |
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| 65 | 65 | | 5 "(g) No manufacturer, retailer, or other person |
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| 66 | 66 | | 6 shall sell or offer for sale motorcycle helmets that fail to |
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| 67 | 67 | | 7 comply with the standards established by the Director of |
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| 68 | 68 | | 8 Public Safety director pursuant to this section." |
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| 69 | 69 | | 9 Section 2. This act shall become effective on the |
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| 70 | 70 | | 10 first day of the third month following its passage and |
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| 71 | 71 | | 11 approval by the Governor, or its otherwise becoming law. |
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| 72 | 72 | | Page 3 |
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