SB73 Alabama 2023 Session

Summary

Primary Sponsor

Gerald H. Allen Senator

Republican

Session

Regular Session 2023

Title

Relating to electric bicycles; to amend Section 32-5A-267, Code of Alabama 1975, to further provide minimum age requirements for the operation of certain electric bicycles; and to require the use of helmets during the operation of electric bicycles; 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.

Description

Under existing law, there are three classes of electric bicycles, and an individual under the age of 16 years may not operate a Class 3 electric bicycle.

This bill would provide that an individual under the age of 14 years may not operate a Class 1 or Class 2 electric bicycle.

Also under existing law, operators of a Class electric bicycle are required to wear helmets.

This bill would require the operators of any class of electric bicycle to wear a helmet during the operation.

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 SB73 INTRODUCED 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.

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