2002 -- S 2585 SUBSTITUTE A

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LC01771/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRIC PERSONAL ASSISTIVE

MOBILITY DEVICE

     Introduced By: Senators Walaska, Celona, Ruggerio, Alves, and Tassoni

     Date Introduced: February 06, 2002

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-1-3 of the General Laws in Chapter 31-1 entitled "Definitions

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and General Code Provisions" is hereby amended to read as follows:

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     31-1-3. Types of vehicles. -- (a) (1) "Antique motor car" means any motor vehicle which

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is more than twenty-five (25) years old. Unless fully inspected and meeting inspection

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requirements, the vehicle may be maintained solely for use in exhibitions, club activities, parades,

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and other functions of public interest and may not be used primarily for the transportation of

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passengers or goods over any public highway;

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      (2) After the vehicle has met the requirements of state inspection, a registration plate

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may be issued to it on payment of the standard fee. The vehicle may be operated on the highways

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of this and other states, and may in addition to the registration plate retain the designation

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"antique" and display an "antique plate".

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      (b) (1) "Antique motorcycle" means any motorcycle which is more than twenty-five (25)

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years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

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maintained solely for use in exhibitions, club activities, parades, and other functions of public

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interest and may not be used primarily for the transportation of passengers or goods over any

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public highway;

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      (2) After the vehicle has met the requirements of state inspection, a registration plate

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may be issued to it on payment of the standard fee, and the vehicle may be operated on the

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highways of this and other states, and may in addition to the registration plate retain the

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designation "antique" and display an "antique plate".

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      (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol),

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police vehicles, vehicles used by Rhode Island state marshals in the department of corrections,

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vehicles used by the state bomb squad within the division of state fire marshal, vehicles of

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municipal departments or public service corporations designated or authorized by the

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administrator as ambulances and emergency vehicles; and privately owned motor vehicles of

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volunteer firefighters or privately owned motor vehicles of volunteer ambulance drivers or

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attendants, as authorized by the department chief or commander and permitted by the Rhode

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Island association of fire chiefs and Rhode Island association of police chiefs joint committee for

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volunteer warning light permits.

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      (d) "Automobile" means, for registration purposes, every motor vehicle carrying

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passengers other than for hire.

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      (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and

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similar devices, propelled exclusively by human power, and upon which a person may ride.

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     (ee) Electric personal assistive mobility device ("EPAMD") is a self-balancing two (2)

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non-tandem wheeled device, designed to transport only one (1) person, with an electric

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propulsion system which limits the maximum speed of the device to fifteen (15) miles per hour.

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      (f) "Hearse" means every motor vehicle used for transporting human corpses. A hearse

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shall be considered an automobile for registration purposes.

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      (g) "Jitney or bus" means: (1) a "public bus" which includes every motor vehicle, trailer,

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semitrailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

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for hire, and operated wholly or in part upon any street or highway as a means of transportation

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similar to that afforded by a street railway company, by indiscriminately receiving or discharging

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passengers, or running on a regular route or over any portion of one, or between fixed termini; or

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(2) a "private bus" which includes every motor vehicle other than a public bus or passenger van

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designed for carrying more than ten (10) passengers and used for the transportation of persons,

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and every motor vehicle other than a taxicab designed and used for the transportation of persons

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for compensation.

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      (h) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

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in contact with the ground and a saddle on which the driver sits astride, except bicycles with

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helper motors as defined in subsection (j).

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      (i) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a

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motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

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subsection (j).

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      (j) "Motorized bicycles" means two (2) wheel vehicles which may be propelled by

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human power or helper power, or by both, with a motor rated not more than one and one-half

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(1.5) brake horsepower or two (2) (S.A.E.) horsepower which is capable of a maximum speed of

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not more than thirty (30) miles per hour.

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      (k) "Motorized camper" means a portable dwelling designed and constructed as an

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integral part of a self-propelled vehicle used as a temporary dwelling for travel, camping,

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recreational, and vacation use, and which is eligible to be registered for highway use.

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      (l) "Motorized tricycles" means tricycles which may be propelled by human power or

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helper motor, or by both, with a motor rated no more than 1.5 brake horsepower which is capable

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of a maximum speed of not more than thirty (30) miles per hour.

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      (m) "Motorized wheelchair" means any self-propelled vehicle, designed for and used by

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a person with a disability, that is incapable of speed in excess of eight (8) miles per hour.

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      (n) "Motor vehicle" means every vehicle which is self-propelled or propelled by electric

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power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

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exclusively by human power, an EPAMD wherein defined and motorized wheelchairs.

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      (o) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

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hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

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persons for compensation in any form, or motor vehicles rented for transporting persons either

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with or without furnishing an operator.

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      (p) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

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(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

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vans may be used for vanpools, transporting passengers to and from work locations, provided that

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the operator receives no remuneration other than free use of the vehicle.

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      (q) "Pick-up coach or pick-up camper" means a structure designed primarily to be

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mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use

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as a temporary dwelling for travel, camping, recreational, and vacation uses, and which is eligible

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to be registered for highway use.

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      (r) "School bus" means every motor vehicle owned by a public or governmental agency,

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when operated for the transportation of children to or from school; or privately owned, when

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operated for compensation for the transportation of children to or from school.

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      (s) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable

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body or with removable seats, usable for both passenger and delivery purposes, and including

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motor vehicles commonly known as station or depot wagons or any vehicle into which access can

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be gained through the rear by means of a hatch or trunk and where the rear seats can be folded

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down to permit the carrying of articles as well as passengers.

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      (t) "Tent trailer" means a canvas, folding structure, mounted on wheels but not self-

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propelled, used as a temporary dwelling for travel, camping, recreational, and vacation uses, and

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which is eligible to be registered for highway use.

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      (u) "Trackless trolley coach" means every motor vehicle which is propelled by electric

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power obtained from overhead trolley wires, but not operated on rails.

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      (v) "Travel trailer" means a vehicular structure built on a chassis, portable but not self-

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propelled, designed to be used as a temporary dwelling for travel, camping, recreational, and

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vacation uses, and when equipped for the road has a body width not exceeding eight feet (8') and

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which is eligible to be registered for highway use.

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      (w) "Vehicle" means every device in, upon, or by which any person or property is or

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may be transported or drawn upon a highway, except devices used exclusively upon stationary

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rails or tracks.

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     SECTION 2. Section 31-3-2.2 of the General Laws in Chapter 31-3 entitled "Registration

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of Vehicles" is hereby amended to read as follows:

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     31-3-2.2. Registration of motorcycles, motorized bicycles, and motorized tricycles. --

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Every motorcycle, motorized bicycle, and motorized tricycle owned by a resident of this state

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shall be subject to the registration provisions of chapters 3 -- 9 of this title, whether the

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motorcycle, motorized bicycle, or motorized tricycle is operated or drawn upon a highway within

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this state or upon private property.

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     (b) Notwithstanding any general law to the contrary, cities and towns are empowered to

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enact ordinances that permit the use and regulation of electric personal assistive mobility devices

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("EPAMD"). Provided, however, the EPAMD shall be exclusively restricted to governmental or

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law enforcement uses.

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     SECTION 3. Sections 31-19-3, 31-19-11, and 31-19-12 of the General Laws in Chapter

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31-19 entitled "Operation of Bicycles" are hereby amended to read as follows:

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     31-19-3. Applicability of traffic laws. -- Every person riding an electric personal

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assistive mobility device ("EPAMD") or propelling a vehicle by human power shall be granted all

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of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle

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by chapters 12 -- 27 of this title, except as to special regulations in this chapter and except as to

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those provisions of chapters 12 -- 27 which by their nature can have no application. This section

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shall not forbid a bicyclist from traveling upon the shoulders of the highway except for those

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highways which prohibit bicyclists. , provided further that an EPAMD shall possess all the rights

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and obligations of a pedestrian, but shall not have the rights and responsibilities of the operator of

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a motor vehicle and that cities and towns may regulate the operation of an EPAMD.

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     31-19-11. Bicycles and motorized wheelchairs on sidewalks and crosswalks. -- A

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person may ride any vehicle operated by human power or may operate a motorized wheelchair or

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an electric personal assistive mobility device ("EPAMD") as defined in section 31-1-3 upon and

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along a sidewalk, or across a roadway upon and along a crosswalk, unless prohibited by official

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traffic-control devices (signs).

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     31-19-12. Bicycles on sidewalks and crosswalks -- Rights and duties. -- A person

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propelling a vehicle by human power or operating an electric personal assistive mobility device

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("EPAMD") upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall

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be granted all the rights and shall be subject to all the duties applicable to a pedestrian under the

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same circumstances; provided, however, that a person riding an electric personal assistive

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mobility device ("EPAMD") on a sidewalk or a bicycle path or trail shall yield the right-of-way to

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pedestrians or give an audible signal before overtaking any passing pedestrian. Pedestrians using

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an EPAMD shall exercise a high degree of care when passing a pedestrian using a wheelchair,

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walker or other mobility aid and only pass when the width of the sidewalk exceeds five (5) feet.

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     SECTION 4. This act shall take effect upon passage but until further action by the

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general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails shall be

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limited to government agencies, including law enforcement personnel in the performance of their

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duties.

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LC01771/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRIC PERSONAL ASSISTIVE

MOBILITY DEVICE

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     This act would define the use of an electric personal assistive mobility device

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("EPAMD").

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     This act would take effect upon passage, but until further action by the general assembly

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the operation of an EPAMD on sidewalks, bicycle paths and trails would be limited to

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governmental agencies, including law enforcement personnel in the performance of their duties.

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LC01771/SUB A/2

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