SB283ENROLLED
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SB283
7S6SEE2-2
By Senator Hovey
RFD: Transportation and Energy
First Read: 04-Apr-24
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First Read: 04-Apr-24
Enrolled, An Act,
Relating to first responders; to add Section 32-5A-2.1
to the Code of Alabama 1975, to provide a definition of
pedestrian; and to amend Sections 32-5A-213, 32-5A-218, and
32-1-1.1, Code of Alabama 1975, to provide for the duty of a
driver to exercise due care to avoid a first responder; and to
require the driver of a vehicle to yield the right-of-way to a
first responder on a sidewalk.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-5A-2.1 is added to Chapter 5A to
read as follows:
§32-5A-2.1
(a) For purposes of this chapter, "pedestrian" means
any individual afoot, except as provided in subsection (b).
(b) For purposes of this chapter, "pedestrian" does not
include a first responder performing a public safety function
that the first responder is authorized to perform and that is
in the line and scope of his or her employment or volunteer
service, including, but not limited to, any of the following:
(1) Directing, controlling, or regulating the flow of
traffic.
(2) Responding to a fire, a collision site, an
emergency call, or a fire alarm.
(3) Rendering first aid or emergency medical care.
(4) Responding to an imminent threat of bodily injury
to self or others.
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to self or others.
(5) Pursuing or apprehending an actual or suspected
violator of the law.
(6) Moving a vehicle standing upon a street or highway.
(7) Entering or remaining on a street or highway for
any other law enforcement purpose.
Section 2. Sections 32-5A-213, 32-5A-218, and 32-1-1.1,
Code of Alabama 1975, are amended to read as follows:
"§32-5A-213
Notwithstanding other provisions of this chapter or the
provisions of any local ordinance any provision of law to the
contrary, every driver of a vehicle shall exercise due care to
avoid colliding with any pedestrian or first responder and
shall give warning by sounding the horn when necessary and
shall exercise proper precaution upon observing any child or
any obviously confused, incapacitated, or intoxicated person."
"§32-5A-218
The driver of a vehicle shall yield the right-of-way to
any pedestrian or first responder on a sidewalk."
"§32-1-1.1
The following words and phrases when used in this title
shall have the following meanings respectively ascribed to
them in this section , except when the context otherwise
requires:
(1) ALLEY. A street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts and not intended for the purpose of through
vehicular traffic.
(2) ARTERIAL STREET. Any federal or state numbered
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(2) ARTERIAL STREET. Any federal or state numbered
route, controlled-access highway, or other major radial or
circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways.
(3) AUTHORIZED EMERGENCY VEHICLE. Such fire department
vehicles, police vehicles, and ambulances as are publicly
owned, and such other publicly or privately owned vehicles as
are designated by the Secretary of the Alabama State Law
Enforcement Agency or the chief of police of an incorporated
city.
(4) BICYCLE. Every device propelled by human power upon
which any individual may ride, having two tandem wheels either
of which is more than 14 inches in diameter.
(5) BUS. Every motor vehicle designed for carrying more
than 10 passengers and used for the transportation of
individuals and every motor vehicle other than a taxicab,
designed and used for the transportation of individuals for
compensation.
(6) BUSINESS DISTRICT. The territory contiguous to and
including a highway when within any 600 feet along the highway
there are buildings in use for business or industrial
purposes, including, but not limited to, hotels, banks, office
buildings, railroad stations, and public buildings which
occupy at least 300 feet of frontage on one side or 300 feet
collectively on both sides of the highway.
(7) CANCELLATION OF DRIVER'SDRIVER LICENSE. The
annulment or termination by formal action of the Secretary of
the Alabama State Law Enforcement Agency of an individual's
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the Alabama State Law Enforcement Agency of an individual's
driver'sdriver license because of some error or defect in the
license or because the licensee is no longer entitled to the
license, but the cancellation of a license is without
prejudice and application for a new license may be made at any
time after such cancellation.
(8) CONTROLLED-ACCESS HIGHWAY. Every highway, street,
or roadway in respect to which owners or occupants of abutting
lands and other persons have no legal right of access to or
from the same except at such points only and in such manner as
may be determined by the public authority having jurisdiction
over the highway, street, or roadway.
(9) CROSSWALK. Either of the following:
a. That part of a roadway at an intersection included
within the connections of the lateral lines of the sidewalks
on opposite sides of the highway measured from the curbs or,
in the absence of curbs, from the edges of the traversable
roadway.
b. Any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by
lines or other markings on the surface.
(10) DEALER. Every person engaged in the business of
buying, selling, or exchanging vehicles who has an established
place of business for that purpose in this state and to whom
current dealer registration plates have been issued by the
Department of Revenue.
(11) DEPARTMENT. The Alabama State Law Enforcement
Agency acting directly or through its duly authorized officers
and agents.
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and agents.
(12) DIRECTOR. The Secretary of the Alabama State Law
Enforcement Agency.
(13) DRIVEAWAY-TOWAWAY OPERATION. Any operation in
which any motor vehicle, trailer, or semitrailer, singly or in
combination, new or used, constitutes the commodity being
transported, when one set or more of wheels of any such
vehicle are on the roadway during the course of
transportation, whether or not any such vehicle furnishes the
motive power.
(14) DRIVER. Every individual who drives or is in
actual physical control of a vehicle.
(15) DRIVER'SDRIVER LICENSE. Any license to operate a
motor vehicle issued under the laws of this state.
(16) ELECTRIC BICYCLE. A bicycle equipped with fully
operable pedals, a saddle or seat for the rider, and an
electric motor of less than 750 watts that meets the
requirements of one of the following three classes:
a. Class 1 electric bicycle means an electric bicycle
equipped with a motor that provides assistance only when the
rider is pedaling and that ceases to provide assistance when
the bicycle reaches the speed of 20 miles per hour.
b. Class 2 electric bicycle means an electric bicycle
equipped with a motor that may be used exclusively to propel
the bicycle and that is not capable of providing assistance
when the bicycle reaches the speed of 20 miles per hour.
c. Class 3 electric bicycle means an electric bicycle
equipped with a motor that provides assistance only when the
rider is pedaling and that ceases to provide assistance when
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rider is pedaling and that ceases to provide assistance when
the bicycle reaches the speed of 28 miles per hour.
(17) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A
self-balancing, two non-tandem wheeled device designed to
transport only one individual with an electric propulsion
system with an average power of 750 watts (1 h.p.), that has a
maximum speed on a paved level surface, when powered solely by
the propulsion system while ridden by an operator who weighs
not more than 170 pounds, of less than 20 m.p.h. The term
shall not include a motorized bicycle, motorized scooter, or
motorized skateboard.
(18) ESSENTIAL PARTS. All integral and body parts of a
vehicle of a type required to be registered under this title,
the removal, alteration, or substitution of which would tend
to conceal the identity of the vehicle or substantially alter
its appearance, model, type, or mode of operation.
(19) ESTABLISHED PLACE OF BUSINESS. The place actually
occupied either continuously or at regular periods by a dealer
or manufacturer where his or her books and records are kept
and a large share of his or her business is transacted.
(20) EXPLOSIVES. Any chemical compound or mechanical
mixture that is commonly used or intended for the purpose of
producing an explosion and which contains any oxidizing and
combustive units or other ingredients in such proportions,
quantities, or packing that an ignition by fire, by friction,
by concussion, by percussion, or by detonator of any part of
the compound or mixture may cause such a sudden generation of
highly heated gases that the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects
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capable of producing destructive effects on contiguous objects
or of destroying life or limb.
(21) FARM TRACTOR. Every motor vehicle designed and
used primarily as a farm implement, for drawing plows, mowing
machines, and other implements of husbandry.
(22) FIRST RESPONDER. Any law enforcement officer,
firefighter, paramedic, or emergency medical technician.
(22)(23) FLAMMABLE LIQUID. Any liquid which has a flash
point of 70 F. or less, as determined by a fagliabue or
equivalent closed-cup test device.
(23)(24) FOREIGN VEHICLE. Every vehicle of a type
required to be registered hereunder brought into this state
from another state, territory, or country other than in the
ordinary course of business by or through a manufacturer or
dealer and not registered in this state.
(24)(25) GROSS WEIGHT. The weight of a vehicle without
load plus the weight of any load thereon.
(25)(26) HIGHWAY. The entire width between the boundary
lines of every way publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular
travel.
(26)(27) HOUSE TRAILER. Either of the following:
a. A trailer or semitrailer that is designed,
constructed, and equipped as a dwelling place, living abode,
or sleeping place, either permanently or temporarily, and is
equipped for use as a conveyance on streets and highways.
b. A trailer or semitrailer that has a chassis and
exterior shell that is designed and constructed for use as a
house trailer, as defined in paragraph a., but which is used
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house trailer, as defined in paragraph a., but which is used
instead permanently or temporarily for the advertising, sales,
display, or promotion of merchandise or services, or for any
other commercial purpose except the transportation of property
for hire or the transportation of property for distribution by
a private carrier.
(27)(28) IMPLEMENT OF HUSBANDRY. Every vehicle designed
and adapted exclusively for agricultural, horticultural, or
livestock raising operations or for lifting or carrying an
implement of husbandry and in either case not subject to
registration if used upon the highways.
(28)(29) INTERSECTION. Any of the following:
a. The area embraced within the prolongation or
connection of the lateral curb lines, or, if none, then the
lateral boundary lines of the roadways of two highways that
join one another at, or approximately at, right angles, or the
area within which vehicles traveling upon different highways
joining at any other angle may come in conflict.
b. Where a highway includes two roadways 30 feet or
more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be regarded
as a separate intersection. In the event the intersecting
highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of such highways shall be
regarded as a separate intersection.
c. The junction of an alley with a street or highway
shall not constitute an intersection.
(29)(30) LANED ROADWAY. A roadway that is divided into
two or more clearly marked lanes for vehicular traffic.
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two or more clearly marked lanes for vehicular traffic.
(30)(31) LICENSE or LICENSE TO OPERATE A MOTOR VEHICLE.
Any driver'sdriver license or any other license or permit to
operate a motor vehicle issued by the director under the laws
of this state, including any nonresident's operating privilege
as defined herein.
(31)(32) LOCAL AUTHORITIES. Either of the following:
a. Every county commission.
b. Every municipal and other local board or body having
authority to enact laws relating to traffic under the
constitution and laws of this state.
(32)(33) MAIL. To deposit in the United States mail
properly addressed and with postage prepaid.
(33)(34) METAL TIRE. Every tire the surface of which in
contact with the highway is wholly or partly of metal or other
hard, nonresilient material.
(34)(35) MOTOR VEHICLE. Every vehicle that is
self-propelled and every vehicle that is propelled by electric
power obtained from overhead trolley wires, but not operated
upon rails, except for electric personal assistive mobility
devices and electric bicycles.
(35)(36) MOTORCYCLE. Every motor vehicle having a seat
or saddle for the use of the rider and designed to travel on
not more than three wheels in contact with the ground, but
excluding a tractor and an electric bicycle.
(36)(37) MOTOR-DRIVEN CYCLE. Every motorcycle,
including every motor scooter, with a motor that produces not
more than five brake horsepower nor exceeds 150 cubic
centimeter engine displacement, and weighs less than 200
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centimeter engine displacement, and weighs less than 200
pounds fully equipped, and every bicycle with a motor
attached. The term does not include electric bicycles.
(37)(38) NONRESIDENT. Every individual who is not a
resident of this state.
(38)(39) NONRESIDENT'S OPERATING PRIVILEGE. The
privilege conferred upon a nonresident by the laws of this
state pertaining to the operation by the nonresident of a
motor vehicle, or the use of a vehicle owned by the
nonresident, in this state.
(39)(40) OFFICIAL TRAFFIC-CONTROL DEVICES. All signs,
signals, markings, and devices not inconsistent with this
title placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating,
warning, or guiding traffic.
(40)(41) OWNER. A person, other than a lienholder,
having the property in or title to a vehicle. The term
includes a person entitled to the use and possession of a
vehicle subject to a security interest in another person, but
excludes a lessee under a lease not intended as security.
(41)(42) PARK or PARKING. The standing of a vehicle,
whether occupied or not. The term does not include a vehicle
that is stopped temporarily for the purpose of and actually
engaged in loading or unloading merchandise or passengers.
(42)(43) PASSENGER CAR. Every motor vehicle, except
motorcycles and motor-driven cycles, designed for carrying 10
passengers or less and used for the transportation of
individuals.
(43)(44) PEDESTRIAN. Any individual afoot.
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(43)(44) PEDESTRIAN. Any individual afoot.
(44)(45) PERSON. Every individual, firm, copartnership,
association, or corporation.
(45)(46) PNEUMATIC TIRE. Every tire in which compressed
air is designed to support the load.
(46)(47) POLE TRAILER. Every vehicle without motive
power designed to be drawn by another vehicle and attached to
the towing vehicle by means of a reach or pole, or by being
boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregularly shaped
loads such as poles, pipes, or structural members capable,
generally, of sustaining themselves as beams between the
supporting connections.
(47)(48) POLICE OFFICER. Every officer authorized to
direct or regulate traffic or to make arrests for violations
of traffic regulations.
(48)(49) PRIVATE ROAD or DRIVEWAY. Every way or place
in private ownership and used for vehicular travel by the
owner and those having express or implied permission from the
owner, but not by other persons.
(49)(50) RAILROAD. A carrier of individuals or property
upon cars other than street cars, operated upon stationary
rails.
(50)(51) RAILROAD SIGN or SIGNAL. Any sign, signal, or
device erected by authority of a public body or official or by
a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train.
(51)(52) RAILROAD TRAIN. A steam engine, electric or
other motor, with or without cars coupled thereto, operated
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other motor, with or without cars coupled thereto, operated
upon rails.
(52)(53) RECONSTRUCTED VEHICLE. Every vehicle of a type
required to be registered under this title materially altered
from its original construction by the removal, addition, or
substitution of essential parts, new or used.
(53)(54) REGISTRATION. The registration certificate or
certificates and registration plates issued under the laws of
this state pertaining to the registration of vehicles.
(54)(55) RESIDENCE DISTRICT. The territory contiguous
to and including a highway not comprising a business district
when the property on the highway for a distance of 300 feet or
more is, in the main, improved with residences or residences
and buildings in use for business.
(55)(56) REVOCATION OF DRIVER'SDRIVER LICENSE. The
termination by formal action of the director of an
individual's license or privilege to operate a motor vehicle
on the public highways, which termination shall not be subject
to renewal or restoration except that an application for a new
license may be presented and acted upon by the director after
the expiration of the applicable period of time prescribed in
this title.
(56)(57) RIGHT-OF-WAY. The right of one vehicle or
pedestrian to proceed in a lawful manner in preference to
another vehicle or pedestrian approaching under such
circumstances of direction, speed, and proximity as to give
rise to danger of collision unless one grants precedence to
the other.
(57)(58) ROAD TRACTOR. Every motor vehicle designed and
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(57)(58) ROAD TRACTOR. Every motor vehicle designed and
used for drawing other vehicles and not so constructed as to
carry any load thereon either independently or any part of the
weight of a vehicle or load so drawn.
(58)(59) ROADWAY. That portion of a highway improved,
designed, or ordinarily used for vehicular travel, exclusive
of the berm or shoulder. In the event a highway includes two
or more separate roadways, the term refers to each roadway
separately but not to all roadways collectively.
(59)(60) SAFETY ZONE. The area or space officially set
apart within a roadway for the exclusive use of pedestrians
and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set
apart as a safety zone.
(60)(61) SCHOOL BUS. Every motor vehicle that complies
with the color and identification requirements set forth by
law or rule and is used to transport children to or from
school or in connection with school activities, but not
including buses operated by common carriers in urban
transportation of school children.
(61)(62) SCOOTER. A device weighing less than 100
pounds that satisfies all of the following:
a. Has handlebars and an electric motor.
b. Is solely powered by the electric motor or human
power.
c. Has a maximum speed of no more than 20 m.p.h. on a
paved level surface when powered solely by the electric motor.
This term does not include an e-bike, EPAMD, Segway,
motorcycle, or moped.
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motorcycle, or moped.
(62)(63) SECURITY AGREEMENT. A written agreement that
reserves or creates a security interest.
(63)(64) SECURITY INTEREST. An interest in a vehicle
reserved or created by agreement and which secures payment or
performance of an obligation. The term includes the interest
of a lessor under a lease intended as security. A security
interest is perfected when it is valid against third parties
generally, subject only to specific statutory exceptions.
(64)(65) SEMITRAILER. Every vehicle with or without
motive power, other than a pole trailer, designed for carrying
individuals or property and for being drawn by a motor vehicle
and so constructed that some part of its weight and that of
its load rests upon or is carried by another vehicle.
(65)(66) SHARED MICROMOBILITY DEVICE. A type of
transportation device that includes a bicycle, electric
bicycle, tricycle, scooter, hoverboard, skateboard, pedal car,
or similar device, except a device used as an electrical
personal assistive mobility device by an individual with
disabilities, used in a shared micromobility device system.
(66)(67) SHARED MICROMOBILITY DEVICE SYSTEM. A system
that provides shared micromobility devices to users for
short-term rentals, whether or not the system requires docking
stations or other similar fixed infrastructure to receive or
return the shared micromobility device.
(67)(68) SIDEWALK. That portion of a street between the
curb lines, or the lateral lines of a roadway, and the
adjacent property lines, intended for use by pedestrians.
(68)(69) SOLID TIRE. Every tire of rubber or other
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(68)(69) SOLID TIRE. Every tire of rubber or other
resilient material which does not depend upon compressed air
for the support of the load.
(69)(70) SPECIAL MOBILE EQUIPMENT. Every vehicle not
designed or used primarily for the transportation of
individuals or property and only incidentally operated or
moved over a highway, including, but not limited to: Ditch
digging apparatus, well boring apparatus, and road
construction and maintenance machinery such as asphalt
spreaders, bituminous mixers, bucket loaders, tractors other
than truck tractors, ditchers, levelling graders, finishing
machines, motor graders, road rollers, scarifiers, earth
moving carry-alls and scrapers, power shovels and drag lines,
and self-propelled cranes, and earth moving equipment. The
term does not include house trailers, dump trucks, truck
mounted transit mixers, cranes or shovels, or other vehicles
designed for the transportation of individuals or property to
which machinery has been attached.
(70)(71) SPECIALLY CONSTRUCTED VEHICLE. Every vehicle
of a type required to be registered under this title not
originally constructed under a distinctive name, make, model,
or type by a generally recognized manufacturer of vehicles and
not materially altered from its original construction.
(71)(72) STAND or STANDING. The halting of a vehicle,
whether occupied or not. The term does not include a vehicle
that is halted temporarily for the purpose of and actually
engaged in receiving or discharging passengers.
(72)(73) STATE. A state, territory, or possession of
the United States, the District of Columbia, the Commonwealth
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the United States, the District of Columbia, the Commonwealth
of Puerto Rico, or a province of Canada.
(73)(74) STOP. When required, means complete cessation
from movement.
(74)(75) STOP or STOPPING. When prohibited, means any
halting, even momentarily, of a vehicle, whether occupied or
not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police
officer or traffic-control sign or signal.
(75)(76) STREET. The entire width between boundary
lines of every way publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular
travel.
(76)(77) SUSPENSION OF DRIVER'SDRIVER LICENSE. The
temporary withdrawal by formal action of the Secretary of the
Alabama State Law Enforcement Agency of an individual's driver
license or privilege to operate a motor vehicle on the public
highways, which temporary withdrawal shall be for a period
specifically designated by the secretary.
(77)(78) THROUGH HIGHWAY. Every highway or portion
thereof on which vehicular traffic is given preferential
right-of-way, and at the entrances to which vehicular traffic
from intersecting highways is required by law to yield the
right-of-way to vehicles on such through highway in obedience
to a stop sign, yield sign, or other official traffic-control
device, when such signs or devices are erected as provided in
this title.
(78)(79) TRACKLESS TROLLEY COACH. Every motor vehicle
which is propelled by electric power obtained from overhead
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which is propelled by electric power obtained from overhead
trolley wires but not operated upon rails.
(79)(80) TRAFFIC. Pedestrians, ridden or herded
animals, vehicles, streetcars, and other conveyances, either
singly or together, while using any highway for purposes of
travel.
(80)(81) TRAFFIC-CONTROL SIGNAL. Any device, whether
manually, electrically, or mechanically operated, by which
traffic is alternately directed to stop and permitted to
proceed.
(81)(82) TRAILER. Every vehicle with or without motive
power, other than a pole trailer, designed for carrying
individuals or property and for being drawn by a motor vehicle
and so constructed that no part of its weight rests upon the
towing vehicle.
(82)(83) TRANSPORTER. Every person engaged in the
business of delivering vehicles of a type required to be
registered under this title from a manufacturing, assembling,
or distributing plant to dealers or sales agents of a
manufacturer.
(83)(84) TRUCK. Every motor vehicle designed, used, or
maintained primarily for the transportation of property.
(84)(85) TRUCK PLATOON. A group of individual
commercial trucks traveling in a unified manner at
electronically coordinated speeds at following distances that
are closer than would be reasonable and prudent without the
electronic coordination.
(85)(86) TRUCK TRACTOR. Every motor vehicle designed
and used primarily for drawing other vehicles and not so
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and used primarily for drawing other vehicles and not so
constructed as to carry a load other than a part of the weight
of the vehicle and load so drawn.
(86)(87) URBAN DISTRICT. The territory contiguous to
and including any street which is built up with structures
devoted to business, industry, or dwelling houses situated at
intervals of less than 100 feet for a distance of a quarter of
a mile or more.
(87)(88) VEHICLE. Every device in, upon, or by which
any individual or property is or may be transported or drawn
upon a highway, excepting devices moved by human power or used
exclusively upon stationary rails or tracks or electric
personal assistive mobility devices; provided, that for the
purposes of this title, a bicycle, an electric bicycle, or a
ridden animal shall be deemed a vehicle, except those
provisions of this title, which by their very nature can have
no application."
Section 3. This act shall become effective on October
1, 2024.
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494 SB283 Enrolled
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1, 2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB283
Senate 18-Apr-24
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 02-May-24
By: Senator Hovey
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