Legislature(2021 - 2022)GRUENBERG 120

05/05/2021 01:00 PM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 65 LIABILITY CONSULTING HEALTH CARE PROVIDER TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 87 ELECTRIC-ASSISTED BICYCLES TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 5, 2021                                                                                           
                           1:02 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Liz Snyder, Vice Chair                                                                                           
Representative Harriet Drummond                                                                                                 
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative David Eastman                                                                                                    
Representative Christopher Kurka                                                                                                
Representative Sarah Vance                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 65(JUD)                                                                                                  
"An  Act   relating  to   immunity  for   consulting  physicians,                                                               
podiatrists,  osteopaths,  advanced practice  registered  nurses,                                                               
physician assistants, chiropractors,  dentists, optometrists, and                                                               
pharmacists."                                                                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 87                                                                                                               
"An Act relating to electric-assisted bicycles."                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  65                                                                                                                  
SHORT TITLE: LIABILITY CONSULTING HEALTH CARE PROVIDER                                                                          
SPONSOR(s): SENATOR(s) KIEHL                                                                                                    
                                                                                                                                
02/03/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/03/21       (S)       HSS, JUD                                                                                               
02/16/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/16/21       (S)       Heard & Held                                                                                           
02/16/21       (S)       MINUTE(HSS)                                                                                            
02/18/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/18/21       (S)       OPIOID OVERDOSE DRUGS                                                                                  
02/19/21       (S)       HSS RPT CS 3DP 1NR NEW TITLE                                                                           
02/19/21       (S)       DP: WILSON, BEGICH, HUGHES                                                                             
02/19/21       (S)       NR: REINBOLD                                                                                           
03/05/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
03/05/21       (S)       -- MEETING CANCELED --                                                                                 
03/08/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
03/08/21       (S)       Heard & Held                                                                                           
03/08/21       (S)       MINUTE(JUD)                                                                                            
03/12/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
03/12/21       (S)       Heard & Held                                                                                           
03/12/21       (S)       MINUTE(JUD)                                                                                            
03/31/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
03/31/21       (S)       Moved CSSB 65(JUD) Out of Committee                                                                    
03/31/21       (S)       MINUTE(JUD)                                                                                            
04/03/21       (S)       JUD RPT CS 3DP 2NR NEW TITLE                                                                           
04/03/21       (S)       DP: KIEHL, HUGHES, MYERS                                                                               
04/03/21       (S)       NR: REINBOLD, SHOWER                                                                                   
04/12/21       (S)       TRANSMITTED TO (H)                                                                                     
04/12/21       (S)       VERSION: CSSB 65(JUD)                                                                                  
04/14/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/14/21       (H)       HSS, JUD                                                                                               
04/27/21       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
04/27/21       (H)       Heard & Held                                                                                           
04/27/21       (H)       MINUTE(HSS)                                                                                            
04/29/21       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
04/29/21       (H)       -- MEETING CANCELED --                                                                                 
05/04/21       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
05/04/21       (H)       Moved HCS CSSB 65(HSS) Out of Committee                                                                
05/04/21       (H)       MINUTE(HSS)                                                                                            
05/05/21       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB  87                                                                                                                  
SHORT TITLE: ELECTRIC-ASSISTED BICYCLES                                                                                         
SPONSOR(s): REPRESENTATIVE(s) WOOL                                                                                              
                                                                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       TRA, JUD                                                                                               
04/20/21       (H)       TRA AT 1:00 PM BARNES 124                                                                              
04/20/21       (H)       Heard & Held                                                                                           
04/20/21       (H)       MINUTE(TRA)                                                                                            
04/27/21       (H)       TRA AT 1:00 PM BARNES 124                                                                              
04/27/21       (H)       Moved HB 87 Out of Committee                                                                           
04/27/21       (H)       MINUTE(TRA)                                                                                            
04/28/21       (H)       TRA RPT 4DP 2NR                                                                                        
04/28/21       (H)       DP: DRUMMOND, HANNAN, MCKAY, MCCABE                                                                    
04/28/21       (H)       NR: CRONK, HOPKINS                                                                                     
05/03/21       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
05/03/21       (H)       Heard & Held                                                                                           
05/03/21       (H)       MINUTE(JUD)                                                                                            
05/05/21       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR JESSE KIEHL                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, introduced SB 65.                                                                      
                                                                                                                                
CATHY SCHLINGHEYDE, Staff                                                                                                       
Senator Kiehl                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  On behalf of Senator Kiehl, prime sponsor,                                                               
presented SB 65.                                                                                                                
                                                                                                                                
Robert Craig, Chief Executive Officer                                                                                           
Alaska Heart and Vascular Institute                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 65.                                                                           
                                                                                                                                
JACOB KELLY, M.D.                                                                                                               
Alaska Heart and Vascular Institute                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 65.                                                                           
                                                                                                                                
ASHLEY CARRICK, Staff                                                                                                           
Representative Adam Wool                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  On behalf of Representative Wool, prime                                                                  
sponsor, answered questions during the hearing on HB 87.                                                                        
                                                                                                                                
ANDREW DUNMIRE, Attorney                                                                                                        
Legislative Legal & Research Services                                                                                           
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB
87.                                                                                                                             
                                                                                                                                
REPRESENTATIVE ADAM WOOL                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime  sponsor, answered questions during                                                             
the hearing on HB 87.                                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:53 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to order  at 1:02 p.m.   Representatives Vance, Drummond,                                                               
Snyder,  and   Claman  were  present   at  the  call   to  order.                                                               
Representatives  Kreiss-Tomkins, Eastman,  and  Kurka arrived  as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
        SB 65-LIABILITY CONSULTING HEALTH CARE PROVIDER                                                                     
                                                                                                                                
1:03:28 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the first order of business would be                                                                
CS FOR SENATE BILL NO. 65(JUD),  "An Act relating to immunity for                                                               
consulting   physicians,    podiatrists,   osteopaths,   advanced                                                               
practice registered nurses,  physician assistants, chiropractors,                                                               
dentists, optometrists, and pharmacists."   [Before the committee                                                               
was HCS CSSB 65(HSS).]                                                                                                          
                                                                                                                                
1:03:55 PM                                                                                                                    
                                                                                                                                
SENATOR JESSE  KIEHL, Alaska State Legislature,  introduced SB 65                                                               
as prime  sponsor.  He  said that SB 65  is a proposed  tort bill                                                               
pertaining  to  health  care.   He  explained  that  health  care                                                               
providers   regularly  consult   formally  and   informally  with                                                               
colleagues.     He  characterized  the   informal,  uncompensated                                                               
consultations as  "curbside consultations" which take  place both                                                               
in person  and telephonically.   He further qualified  a curbside                                                               
consultation  as  one  in  which there  exists  no  financial  or                                                               
business  relationship  between   providers,  and  the  consulted                                                               
provider  as  having  no  doctor/patient  relationship  with  the                                                               
patient.   He explained that a  case had been brought  before the                                                               
Minnesota  Supreme  Court in  which  it  had  been ruled  that  a                                                               
healthcare provider  who had  no doctor/patient  relationship was                                                               
required  to defend  his/herself  against  a medical  malpractice                                                               
claim.  He stated  that the effect of the ruling  in the case had                                                               
resulted   in   providers   ceasing  to   provide   uncompensated                                                               
consultations   or   reconsidering   whether   to   establish   a                                                               
doctor/patient relationship in such cases.   He suggested that SB
65 would limit  liability to the treating  physician or provider.                                                               
He added that SB 65 would  further limit that liability and would                                                               
not  be shifted  [from  a  treating physician]  nor  would it  be                                                               
reduced.                                                                                                                        
                                                                                                                                
1:08:54 PM                                                                                                                    
                                                                                                                                
CATHY   SCHLINGHEYDE,   Staff,   Senator  Kiehl,   Alaska   State                                                               
Legislature, on  behalf of prime  sponsor, presented  a sectional                                                               
analysis during the hearing on  SB 65, [included in the committee                                                               
packet] which read as follows: [original punctuation provided]:                                                                 
                                                                                                                                
     Sec. 1 of the bill creates a new section in AS 09.55:                                                                      
                                                                                                                                
     Sec.  09.55.552(a): Consulting  physicians, osteopaths,                                                                    
     podiatrists,   advanced  practice   registered  nurses,                                                                    
     physician    assistants,    chiropractors,    dentists,                                                                    
     optometrists,  pharmacists,  physical  therapists,  and                                                                    
     occupational therapists are not  liable for providing a                                                                    
     consultation if  they meet a list  of requirements that                                                                    
     establishes the consultant was not compensated and                                                                         
     had no doctor-patient relationship.                                                                                        
                                                                                                                                
     Sec. 09.55.552(b): The health  care provider cannot use                                                                    
     the  consultant's  advice  to  reduce his  or  her  own                                                                    
     liability in a medical malpractice case.                                                                                   
                                                                                                                                
     Sec.  09.55.552(c): Defines  the health  care providers                                                                    
     and health care facilities covered by this bill                                                                            
                                                                                                                                
1:09:38 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN introduced invited testimony.                                                                                      
                                                                                                                                
1:09:49 PM                                                                                                                    
                                                                                                                                
ROBERT CRAIG, Chief Executive Officer,  Alaska Heart and Vascular                                                               
Institute, testified in support of SB  65.  He explained that the                                                               
members  of   the  Alaska  Heart  and   Vascular  Institute  were                                                               
cardiologists  who   remain  on   call  to   treating  physicians                                                               
throughout the  state for uncompensated  consultations pertaining                                                               
to cardiovascular  care.  He  stated that the  institute remained                                                               
committed to  provide timely and  accurate medical  expertise for                                                               
patients  under  another physician's  care  to  aid in  care  and                                                               
transportation  decisions.    He  stated that  the  alternate  to                                                               
uncompensated consultations would be  for the consulted physician                                                               
to instruct  the treating physician  to either refer  the patient                                                               
for  a paid  consultation  or  to transport  the  patient to  the                                                               
consulting  physician,  either  of  which could  delay  care  and                                                               
increase  costs.   He stated  that  the goal  of the  institute's                                                               
physicians  is  to  provide high  quality  and  low-cost  cardiac                                                               
service to the state's healthcare providers.                                                                                    
                                                                                                                                
1:11:39 PM}                                                                                                                   
                                                                                                                                
JACOB  KELLY,   M.D.,  Alaska   Heart  and   Vascular  Institute,                                                               
testified in  support of SB  65.  He stated  that he was  a heart                                                               
failure cardiologist  at the Alaska Heart  and Vascular Institute                                                               
and  had  been  practicing medicine  and  providing  consultation                                                               
during his four years in Alaska.   He explained that requests for                                                               
consultation,  occasionally in  excess  of 20  per day,  occurred                                                               
during all hours  and from all areas of the  state.  He explained                                                               
that physicians calling for consultations  represent a variety of                                                               
different  practitioners who  may  need consultation  to aid  the                                                               
safety and comfort of their  patients.  He explained that, should                                                               
physicians become  wary of the risk  of litigation, inappropriate                                                               
and costly  requests for [patient]  transfers and care  may occur                                                               
for common conditions.   He suggested that  allowing for curbside                                                               
consultation is  helpful to  all fields  of medicine  to increase                                                               
the safety and quality of all local patient care.                                                                               
                                                                                                                                
1:16:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  stated his  support for immunity  for the                                                               
professions  listed  in  the  bill,   and  asked  whether  family                                                               
therapists,   acupuncturists,   ophthalmologists,   and   massage                                                               
therapists, among  others should also receive  immunity should SB
65 pass.                                                                                                                        
                                                                                                                                
SENATOR KIEHL  answered that  it had been  considered to  use the                                                               
term "health care  providers," and a more specific  list had been                                                               
determined   to   be   most   appropriate.      He   added   that                                                               
ophthalmologists are  licensed physicians and would  be included.                                                               
He further explained  that the immunity granted  with the passage                                                               
of SB  65 pertained to the  scope of practice, potential  risk to                                                               
patients,   and  the   ability  of   the  treating   health  care                                                               
professional  to independently  evaluate and  analyze the  advice                                                               
that  he/she  is given  [during  a  curbside consultation].    He                                                               
stated  that  the list  had  been  adjusted through  the  hearing                                                               
process and includes professions  that he deemed appropriate, and                                                               
that immunity granted should be  carefully considered when making                                                               
tort reform.                                                                                                                    
                                                                                                                                
1:18:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN noted  that  occupational therapists  are                                                               
listed  in the  bill; however,  family  therapists are  not.   He                                                               
recalled that  there had been  a situation in which  a supervisor                                                               
at a youth  detention facility was unable to be  prosecuted for a                                                               
sexual  relationship with  a minor  due to  [the category  of the                                                               
detention officer]  not being included  in the list of  those who                                                               
may be prosecuted.   He asked whether a court  would be likely to                                                               
rule that  the immunity as proposed  in SB 65 would  not apply to                                                               
family therapists.                                                                                                              
                                                                                                                                
1:19:55 PM                                                                                                                    
                                                                                                                                
MS. SCHLINGHEYDE answered  that courts in Alaska  have ruled that                                                               
medical  malpractice cases  are  treated  differently than  other                                                               
cases  of alleged  negligence.   She  referred to  the ruling  in                                                               
Smith  vs. Radecki  in which  it was  established that  a special                                                             
relationship  exists between  a  physician and  a  patient.   She                                                               
further  explained that  other cases  of  alleged negligence  are                                                               
evaluated   on  a   "foreseeability"  test.     She   added  that                                                               
individuals  not  listed in  SB  65  would  still be  subject  to                                                               
potential liability for negligence  under foreseeability and duty                                                               
of care.                                                                                                                        
                                                                                                                                
1:20:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked why  a  family  therapist was  not                                                               
included in the list of professions.                                                                                            
                                                                                                                                
1:21:05 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  offered that the  categories of  professions listed                                                               
in SB  65 specifically relate  to medical malpractice and  that a                                                               
family therapist would never fall into that category.                                                                           
                                                                                                                                
1:21:24 PM                                                                                                                    
                                                                                                                                
SENATOR  KIEHL  explained his  intent  was  to address  liability                                                               
among  physical  health  practitioners   and  not  mental  health                                                               
practitioners,  the  dichotomy  of   which  exists  elsewhere  in                                                               
statute.                                                                                                                        
                                                                                                                                
1:21:49 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  referred to  a  case  in  the State  of  Minnesota                                                               
[included  in the  committee packet]  entitled "SB  65 Additional                                                               
Document - Warren v. Dinter  Supreme Court of Minnesota April 17,                                                             
2019 (Distributed  by HJUD  Committee)," in  which the  court was                                                               
specific in its ruling that the  case did not pertain to curbside                                                               
consultations.  He asked why  the perception following the ruling                                                               
was that it did pertain to curbside consultations.                                                                              
                                                                                                                                
1:22:22 PM                                                                                                                    
                                                                                                                                
SENATOR KIEHL explained  that, while a dissenting  opinion in the                                                               
ruling did not have precedential  value, the matter of the ruling                                                               
having  no  pertinence  to  the   curbside  consultations  was  a                                                               
controversial one.   He stated that the  ruling having pertinence                                                               
to  cases  in   which  there  did  not   exist  a  doctor/patient                                                               
relationship  likely contributed  to  the  perception that  there                                                               
exists a risk  in consultation when no  such relationship exists.                                                               
He suggested  that HB  65 would  further define  boundaries which                                                               
remained unclear following the ruling in the State of Minnesota.                                                                
                                                                                                                                
1:23:28 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  postulated that the  ruling in the  Minnesota case,                                                               
including case precedent in Alaska,  had taken into consideration                                                               
the foreseeability  of harm and  he asked  why the ruling  in the                                                               
State  of Minnesota  would have  an effect  different from  those                                                               
upon which the courts in Alaska had already ruled.                                                                              
                                                                                                                                
1:24:09 PM                                                                                                                    
                                                                                                                                
MS.  SCHLINGHEYDE stated  that the  ruling in  Smith vs.  Radecki                                                             
held that a doctor/patient relationship  must exist [to allow for                                                               
litigation  for  malpractice]  and  that footnotes  in  the  case                                                               
address but do  not fully explore fact patterns  which may result                                                               
in the  existence of  a doctor/patient  relationship.   She noted                                                               
that  another case  in  the State  of Rhode  Island  that held  a                                                               
similar ruling to Smith vs.  Radecki did not offer any additional                                                             
clarity on when the doctor/patient relationship exists.                                                                         
                                                                                                                                
1:24:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked  at   what  point  a  doctor/patient                                                               
relationship exists in telehealth consultations.                                                                                
                                                                                                                                
MS. SCHLINGHEYDE answered that  telehealth consultations would be                                                               
categorized the same  as in person visits with the  passage of SB
65, and that the question  of malpractice liability exists when a                                                               
provider  consults  another provider.    She  added further  that                                                               
legal  malpractice precedents  existed in  which liability  to an                                                               
attorney  could  occur  despite  a  client  not  having  formally                                                               
retained  the attorney.   She  stated that,  in cases  of medical                                                               
malpractice  liability,  the  precedent of  the  legal  liability                                                               
could be applied similarly to medical malpractice liability.                                                                    
                                                                                                                                
1:26:54 PM                                                                                                                    
                                                                                                                                
SENATOR KIEHL added that SB 65  proposed to broadly define that a                                                               
doctor/patient relationship  shall exist if  a doctor is  paid by                                                               
the patient, and immunity would not apply.                                                                                      
                                                                                                                                
1:27:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN recalled,  in reference  to Representative                                                               
Vance's line of questioning, that,  during the COVID-19 pandemic,                                                               
health care  providers had encountered difficulties  in providing                                                               
care  via   telehealth  and  in  establishing   a  doctor/patient                                                               
relationship   due  to   travel   restrictions,  and   telehealth                                                               
consultations  had resulted  in doctor/patient  relationships and                                                               
would  not  be  considered  the curbside  consultation  that  was                                                               
contemplated in SB 65.                                                                                                          
                                                                                                                                
1:28:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   VANCE  asked   whether,  similar   to  attorneys                                                               
providing  consultations pro-bono,  doctors  have an  equivalent,                                                               
uncompensated consulting relationship with certain patients.                                                                    
                                                                                                                                
SENATOR KIEHL stated  that SB 65 pertained  only to uncompensated                                                               
consultations  between health  care  providers and  not to  those                                                               
between physicians and patients.                                                                                                
                                                                                                                                
1:29:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked, should  SB  65  pass, what  other                                                               
professions  may be  affected,  such as  immunity for  structural                                                               
engineers such as in the case of a building collapse.                                                                           
                                                                                                                                
SENATOR  KIEHL   answered  that   tort  statutes   treat  medical                                                               
malpractice differently  than other cases  involving malpractice.                                                               
He added that  there exist several court rulings  in Alaska which                                                               
address  medical  malpractice as  separate  from  other forms  of                                                               
malpractice.                                                                                                                    
                                                                                                                                
1:31:18 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony  on HCS CSSB 65(HSS).  After                                                               
ascertaining  that there  was no  one who  wished to  testify, he                                                               
closed public testimony.                                                                                                        
                                                                                                                                
1:32:13 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:32:59 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that HCS CSSB 65(HSS) was held over.                                                                     
                                                                                                                                
1:33:44 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The House Judiciary Standing Committee  was recessed at 1:34 p.m.                                                               
to a call of the chair.                                                                                                         
                                                                                                                                
2:46:42 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  called  the  House  Judiciary  Standing  Committee                                                               
meeting back to order  at 2:47 p.m.  Present at  the call back to                                                               
order were Representatives Claman, Vance, and Eastman.                                                                          
                                                                                                                                
                HB 87-ELECTRIC-ASSISTED BICYCLES                                                                            
                                                                                                                                
2:46:42 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  87,  "An   Act  relating  to  electric-assisted                                                               
bicycles."                                                                                                                      
                                                                                                                                
2:47:16 PM                                                                                                                    
                                                                                                                                
ASHLEY  CARRICK, Staff,  Representative Adam  Wool, Alaska  State                                                               
Legislature,  on  behalf  of prime  sponsor,  answered  questions                                                               
during the hearing on HB 87.   She referred to questions that the                                                               
committee  had requested  follow up  on pertaining  to HB  87 and                                                               
recommended that Legislative Legal  and Research Services provide                                                               
answers  to those.   She  referred first  to questions  that were                                                               
posed on  Section 2 of  the bill which pertained  to municipality                                                               
regulations for e-bikes used on sidewalks.                                                                                      
                                                                                                                                
CHAIR CLAMAN stated that the  question pertaining to Section 2 of                                                               
the  bill was  whether  municipalities would  be prohibited  from                                                               
regulating the use of e-bikes on sidewalks, should HB 87 pass.                                                                  
                                                                                                                                
2:48:43 PM                                                                                                                    
                                                                                                                                
ANDREW   DUNMIRE,  Attorney,   Legislative  Legal   and  Research                                                               
Services,  Alaska State  Legislature,  answered questions  during                                                               
the  hearing on  HB  87.   He  opined that,  should  HB 87  pass,                                                               
municipalities would not  be restricted in regulating  the use of                                                               
e-bikes on  their own pathways.   He referenced Section 3  of the                                                               
bill  that specifies  that municipalities  may enact  regulations                                                               
for e-bikes for their locality.                                                                                                 
                                                                                                                                
2:49:35 PM                                                                                                                    
                                                                                                                                
CHAIR   CLAMAN   recalled   an    earlier   question   posed   by                                                               
Representative Vance  whether it  would be beneficial  to include                                                               
the three-tiered  classification such as  exists in the  State of                                                               
California.                                                                                                                     
                                                                                                                                
2:50:13 PM                                                                                                                    
                                                                                                                                
MR.  DUNMIRE  stated his  understanding  of  the question  to  be                                                               
whether  an  amendment  classifying  e-bikes  in  a  three-tiered                                                               
structure  would be  beneficial, and  he suggested  that such  an                                                               
amendment  would be  a policy  decision to  be determined  by the                                                               
legislature.   He  suggested that,  should  the legislature  deem                                                               
such   a   classification   system   to   be   unnecessary,   his                                                               
recommendation  would be  not to  include a  definition since  it                                                               
would limit how e-bikes are defined.                                                                                            
                                                                                                                                
2:51:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE added  that her  constituents had  endorsed                                                               
including the  three-tiered definition of e-bikes  as proposed by                                                               
the  People  for  Bikes to  achieve  uniformity  among  different                                                               
states' regulations.  She suggested  that the question of whether                                                               
to  amend the  bill  to include  the three-tiered  classification                                                               
should be at the discretion of  the bill sponsor, and she offered                                                               
her understanding  that including  a three-tiered  definition may                                                               
not provide any legal benefit.                                                                                                  
                                                                                                                                
2:51:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ADAM WOOL,  Alaska  State  Legislature, as  prime                                                               
sponsor,  answered questions  during the  hearing on  HB 87.   He                                                               
offered additional  information to describe the  various types of                                                               
vehicles  and assisted  bicycles.   He  stated  that there  exist                                                               
bikes which  can be operated  by a throttle without  pedaling and                                                               
that those  are not considered  in the  proposed bill.   He added                                                               
that  it  remained  a  policy decision  for  the  legislature  to                                                               
determine  whether  to  include the  three-tiered  classification                                                               
system or to combine class 1 and  class 3 e-bikes.  He added that                                                               
it  would be  difficult to  ascertain  motor size  and whether  a                                                               
pedal assist  to engage a motor  by simply looking at  an e-bike.                                                               
He added  that motor size would  be capped at [a  maximum] of 750                                                               
watts and the speed capped at 20 miles per hour.                                                                                
                                                                                                                                
2:53:56 PM                                                                                                                    
                                                                                                                                
CHAIR   CLAMAN   recalled   an    earlier   question   posed   by                                                               
Representative  Eastman pertaining  to  vehicles  that have  two,                                                               
non-tandem wheels and how they relate to the proposed bill.                                                                     
                                                                                                                                
MR.  DUNMIRE  explained that  a  Segway,  which consists  of  two                                                               
tandem wheels  on which  a rider balances,  would be  included in                                                               
the definition, and  that a three-wheeled mobility  cart, such as                                                               
one might see at a grocery store, would not.                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN stated his  understanding of the intent of                                                               
the bill  would be to allow  devices such as a  Segway be allowed                                                               
to operate on a sidewalk  and asked why [a three-wheeled mobility                                                               
cart,  such as  one  might see  at a  grocery  store] would  not.                                                               
During  the  discussion, he  asked  whether  HB 87  would  forbid                                                               
grocery store scooters from being operated on a sidewalk.                                                                       
                                                                                                                                
REPRESENTATIVE  WOOL  answered  that  HB 87  permits  only  those                                                               
devices which have  operable pedals to be  classified as e-bikes,                                                               
and  that  neither  a  Segway  nor an  assistive  cart  would  be                                                               
classified as  an e-bike [should  HB 87 pass].   He added  that a                                                               
tricycle  with  an  electric  assist might  be  included  in  the                                                               
definition should it have operable pedals.                                                                                      
                                                                                                                                
2:56:49 PM                                                                                                                    
                                                                                                                                
CHAIR   CLAMAN   recalled   an    earlier   question   posed   by                                                               
Representative   Snyder  in   which   she  referenced   assistive                                                               
technology  as  defined  in  AS   45.45.600  and  whether  HB  87                                                               
pertained to any  of those devices, which she  had suggested that                                                               
it would not.                                                                                                                   
                                                                                                                                
MR.  DUNMIRE  stated  his  belief  that  Representative  Snyder's                                                               
assertion that HB 87 would  not pertain to assistive technologies                                                               
described in the statute was correct.                                                                                           
                                                                                                                                
2:57:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  suggested   that  replacing   the  word                                                               
"bicycle" with "cycle" would allow  for devices with one to three                                                               
wheels to be  categorized as e-bikes under the  proposed bill and                                                               
would include tricycles and unicycles.                                                                                          
                                                                                                                                
REPRESENTATIVE  WOOL  asked  whether Representative  Eastman  had                                                               
suggested that  e-cycle be the referenced  terminology instead of                                                               
e-bikes for  devices with one to  three, but not four,  wheels as                                                               
currently written in  the proposed bill.  He  offered to consider                                                               
the change  to the  language if  there existed  sufficient public                                                               
interest on  the matter,  and if  there existed  many individuals                                                               
operating electric  assisted three-wheeled bikes.   He stated his                                                               
preference to maintain the word "bicycles" in the proposed bill.                                                                
                                                                                                                                
2:59:10 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked Ms. Carrick  whether the committee and invited                                                               
testimony had answered all the  questions previously posed by the                                                               
committee.                                                                                                                      
                                                                                                                                
MS. CARRICK  stated her belief that,  for the most part,  it had,                                                               
and  she invited  additional questions  should they  arise.   She                                                               
added that Representative  Kurka had asked whether  gas- or fuel-                                                               
operated motors would be included in the definition of e-bikes.                                                                 
                                                                                                                                
REPRESENTATIVE WOOL explained  that fuel-driven assisted bicycles                                                               
with an  engine size  of 50  cubic centimeters  (cc) or  less are                                                               
classified as a motor-driven cycle.                                                                                             
                                                                                                                                
3:00:19 PM                                                                                                                    
                                                                                                                                
MS. CARRICK  explained that terms  are defined  in the bill.   In                                                               
Section 5,  on page 3, line  22 is the definition  of an electric                                                               
personal motor  vehicle that differentiates between  a Segway and                                                               
a motorized grocery  cart.  She added that in  Section 6, on page                                                               
3,  line 28  motor vehicle  is defined,  and on  page 4,  line 2,                                                               
motor-driven cycle is  referenced.  She explained  that an engine                                                               
which is 50  cubic centimeters (cc) or less would  be covered and                                                               
those greater  than 50  cc would be  classified as  a motorcycle.                                                               
She  pointed  out  that  there  exists  a  difference  between  a                                                               
"motorcycle" and a "motor-driven  cycle" and suggested that there                                                               
exists some confusion between the two.                                                                                          
                                                                                                                                
[HB 87 was held over.]                                                                                                          
                                                                                                                                
3:02:20 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:02 p.m.                                                                 

Document Name Date/Time Subjects
SB 65 v. W 5.5.2021.PDF HJUD 5/5/2021 1:00:00 PM
SB 65
SB 65 Sponsor Statement 2.4.2021.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HHSS 5/4/2021 3:00:00 PM
HJUD 5/5/2021 1:00:00 PM
HJUD 5/17/2021 1:00:00 PM
SHSS 2/16/2021 1:30:00 PM
SB 65
SB 65 Sectional Analysis ver. W 5.5.2021.pdf HJUD 5/5/2021 1:00:00 PM
SB 65
SB 65 Explanation of Changes ver. A to ver. W 5.5.2021.pdf HJUD 5/5/2021 1:00:00 PM
SB 65
SB 65 Supporting Document - Letters Received by 4.28.2021.pdf HJUD 5/5/2021 1:00:00 PM
SB 65
SB 65 Additional Document - Warren v. Dinter Supreme Court of Minnesota April 17, 2019 (Distributed by HJUD Committee).pdf HJUD 5/5/2021 1:00:00 PM
SB 65
SB 65 Fiscal Note LAW-CIV 2.12.2021.pdf HJUD 5/5/2021 1:00:00 PM
HJUD 5/17/2021 1:00:00 PM
SB 65
HB 87 v. A 2.18.2021.pdf HJUD 5/3/2021 1:00:00 PM
HJUD 5/5/2021 1:00:00 PM
HJUD 5/7/2021 1:00:00 PM
HTRA 4/20/2021 1:00:00 PM
HB 87
HB 87 Sponsor Statement v. A 4.20.2021.pdf HJUD 5/3/2021 1:00:00 PM
HJUD 5/5/2021 1:00:00 PM
HJUD 5/7/2021 1:00:00 PM
HTRA 4/20/2021 1:00:00 PM
HB 87
HB 87 Sectional Analysis v. A 5.3.2021.pdf HJUD 5/3/2021 1:00:00 PM
HJUD 5/5/2021 1:00:00 PM
HJUD 5/7/2021 1:00:00 PM
HB 87
HB 87 Supporting Document - People for Bikes Factsheet 4.20.2021.pdf HJUD 5/3/2021 1:00:00 PM
HJUD 5/5/2021 1:00:00 PM
HJUD 5/7/2021 1:00:00 PM
HTRA 4/20/2021 1:00:00 PM
HB 87
HB 87 Supporting Document - JMBA Letter 4.27.2021.pdf HJUD 5/3/2021 1:00:00 PM
HJUD 5/5/2021 1:00:00 PM
HJUD 5/7/2021 1:00:00 PM
HB 87
HB 87 Supporting Document - Testimony Received as of 5.5.2021.pdf HJUD 5/5/2021 1:00:00 PM
HJUD 5/7/2021 1:00:00 PM
HB 87
HB 87 Fiscal Note DOA-DMV 4.16.2021.pdf HJUD 5/5/2021 1:00:00 PM
HJUD 5/7/2021 1:00:00 PM
HTRA 4/20/2021 1:00:00 PM
HB 87