Legislature(2021 - 2022)GRUENBERG 120
05/07/2021 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB87 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 87 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 7, 2021
2:04 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
HOUSE BILL NO. 87
"An Act relating to electric-assisted bicycles."
- MOVED CSHB 87(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
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
05/05/21 (H) Heard & Held
05/05/21 (H) MINUTE(JUD)
05/07/21 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE ADAM WOOL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, answered questions during
the hearing on HB 87.
ACTION NARRATIVE
2:04:37 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 2:04 p.m. Representatives Snyder, Kreiss-
Tompkins, Eastman, Vance, Drummond, and Claman were present at
the call to order. Representative Kurka arrived as the meeting
was in progress.
HB 87-ELECTRIC-ASSISTED BICYCLES
2:05:14 PM
CHAIR CLAMAN announced that the only order of business would be
HOUSE BILL NO. 87, "An Act relating to electric-assisted
bicycles."
CHAIR CLAMAN said that Legislative Legal & Research services may
make technical or conforming changes to the bill.
2:06:02 PM
REPRESENTATIVE KREISS-TOMKINS moved to adopt Amendment 1,
labeled 32-LS0397\A.9, Dunmire, 5/7/21, which read as follows:
Page 2, line 13:
Delete "or electric-assisted bicycles"
Insert ", electric-assisted bicycles, or specific
classes of electric-assisted bicycles,"
Following "requirements;":
Insert "unless otherwise specified by regulation,
(A) an electric-assisted bicycle is
considered a bicycle and may not be regulated as
another type of vehicle; and
(B) a user of an electric-assisted bicycle
shall be afforded the same rights and be subject to
the same duties as a user of a bicycle;"
Page 3, following line 31:
Insert a new bill section to read:
"* Sec. 7. AS 28.90.990(a)(19) is amended to read:
(19) "motorcycle" means a vehicle having a
seat or saddle for the use of the rider and designed
to travel on not more than three wheels in contact
with the ground; "motorcycle" [THE TERM] does not
include a tractor or an electric-assisted bicycle;"
Renumber the following bill sections accordingly.
Page 4, following line 7:
Insert new paragraphs to read:
"(34) "class 1 electric-assisted bicycle"
means a bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that
stops providing assistance when the bicycle reaches
the speed of 20 miles per hour;
(35) "class 2 electric-assisted bicycle"
means a bicycle equipped with a motor that may be used
exclusively to propel the bicycle and that stops
providing assistance when the bicycle reaches the
speed of 20 miles per hour;
(36) "class 3 electric-assisted bicycle"
means a bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that
stops providing assistance when the bicycle reaches
the speed of 28 miles per hour;"
Renumber the following paragraph accordingly.
Page 4, line 11:
Delete "and"
Page 4, following line 11:
Insert a new subparagraph to read:
"(C) has a seat or saddle for use of the
rider;"
Reletter the following subparagraph accordingly.
Page 4, line 12, following "that":
Insert "has a power output of not more than 750
watts; and"
Page 4, lines 13 - 17:
Delete all material and insert:
"(E) is a class 1, class 2, or class 3
electric-assisted bicycle."
2:06:05 PM
REPRESENTATIVE KREISS-TOMKINS stated that Amendment 1 would
institute a three-tiered classification system of e-bikes that
had been discussed in previous hearings on HB 87.
REPRESENTATIVE EASTMAN asked for an explanation on the rationale
to include such a classification system.
REPRESENTATIVE KREISS-TOMKINS answered that the classification
system had been proposed to bring conformity on emerging
national standards. He added that testimony at other hearings
on HB 87 had compelled his rationale for proposing the
amendment.
CHAIR CLAMAN asked the bill's sponsor his position on the
proposed amendment before the committee.
2:07:30 PM
REPRESENTATIVE ADAM WOOL, Alaska State Legislature, stated that
his position on the proposed amendment language had changed and
that he now had no opposition to the proposed amendment.
REPRESENTATIVE VANCE remarked that including the proposed
amendment would aid municipalities to guide the development of
local regulations based on feedback that she had received from
her constituents.
REPRESENTATIVE EASTMAN asked whether the new definition of class
2 would require the bicycle to have pedals.
REPRESENTATIVE WOOL answered that any e-bike would be required
to have functional pedals.
REPRESENTATIVE EASTMAN asked whether a scooter would be
categorized as an e-bike.
REPRESENTATIVE WOOL answered that a scooter is not a bicycle nor
an e-bike if it does not have pedals.
CHAIR CLAMAN stated his position of support of Amendment 1 to HB
87.
REPRESENTATIVE EASTMAN removed his objection.
CHAIR CLAMAN stated that, there being no further objection,
Amendment 1 was adopted.
2:13:14 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 2, labeled 32-
LS0397\A.2, Dunmire, 5/4/21, which read as follows:
Page 4, line 12, following "that":
Insert "provides assistance only when the rider
is pedaling and stops providing assistance when the
bicycle reaches a speed of 28 miles per hour."
Page 4, lines 13 - 17:
Delete all material.
REPRESENTATIVE SNYDER objected.
2:13:28 PM
REPRESENTATIVE EASTMAN stated that Amendment 2 would remove
language related to wattage [of an e-bike.]
REPRESENTATIVE WOOL stated that, as prime sponsor, he did not
support Amendment 2. He stated that the adoption of Amendment 2
would negate the language adopted in Amendment 1. He stated
that the industry standard of wattage for an e-bike was 750
watts. He stated that a limitation on wattage would cap the
size of those which could be categorized as an e-bike.
REPRESENTATIVE KURKA stated his support for Amendment 2 so that
the proposed law is not overly detailed and would permit for
changing [technologies.] He stated his belief that an e-bike
should be regulated based on its speed.
CHAIR CLAMAN stated that he would not support Amendment 2
because it would be inconsistent with the language adopted in
Amendment 1.
REPRESENTATIVE EASTMAN asked for an explanation of the perceived
conflict between the language in Amendment 1 and Amendment 2.
CHAIR CLAMAN answered that Amendment 2, on line 4 would delete n
page 1, lines 13-17 in Amendment 1 and the two actions would be
inconsistent. He added that the change incorporated by
Amendment 1 on page 4, line 12 [of HB 87] would be fundamentally
different with the adoption of Amendment 2.
CHAIR CLAMAN called for a vote on Amendment 2.
2:19:19 PM
REPRESENTATIVE KURKA asked to offer a conceptual amendment to
Amendment 2.
CHAIR CLAMAN answered that a roll call vote would be taken on
Amendment 2.
2:19:31 PM
A roll call vote was taken. Representatives Eastman and Kurka
voted in favor of Amendment 2. Representatives Snyder, Kreiss-
Tompkins, Vance, Drummond, and Claman voted against it.
Therefore, Amendment 2 to HB 87 failed to be adopted by a vote
of 2-5.
2:20:37 PM
REPRESENTATIVE EASTMAN moved Amendment 3, labeled 32-LS0397\A.5,
Dunmire, 5/4/21, which read as follows:
Page 3, line 24:
Delete "self-balancing"
Insert "[SELF-BALANCING]"
Delete "nontandem"
Insert "or more [NONTANDEM]"
REPRESENTATIVE SNYDER objected.
2:20:46 PM
REPRESENTAIVE EASTMAN referred to Section 5 of HB 87 which would
update the definition of "electric personal motor vehicle" which
would include Segways to operate on a sidewalk and up to 15
miles per hour. He stated that eliminating the words
"nontandem" and "self-balancing" would clarify that an electric
scooter such as a grocery shopping cart would not be included in
the definition.
REPRESENTATIVE WOOL stated that electric personal motor vehicles
is outside of the scope of HB 87 and such a shopping cart would
not be defined under HB 87.
REPRESENTATIVE VANCE stated that, while electric personal motor
vehicles may fall outside of the scope of the bill as drafted,
she encouraged refining the statute to address concerns
expressed by a constituent who uses a four-wheel electric
scooter, and that Amendment 3 was a reasonable one.
REPRESENTATIVE SNYDER referred to 45.45.600 which pertains to
assistive technology devices.
CHAIR CLAMAN added that scooters such as those at a grocery
store were regulated under that statute based on previous
testimony from Legislative Legal & Research Services. He stated
that he did not support the adoption of Amendment 3 because it
is addressed otherwise in existing statute.
REPRESENTATIVE EASTMAN stated that the definition of electric
personal vehicle had been developed specifically to address
Segway travel on sidewalks. He stated he was not aware of any
electric vehicle use permitted in existing statute.
REPRESENTATIVE SNYDER maintained her objection.
2:26:39 PM
A roll call vote was taken. Representatives Eastman, Kurka, and
Vance voted in favor of Amendment 3. Representatives Snyder,
Kreiss-Tomkins, Drummond, and Claman voted against it.
Therefore, Amendment 3 failed by a vote of 3-4.
2:27:23 PM
REPRESENTATIVE EASTMAN moved Amendment 4 labeled 32-LS0397\A.7,
Dunmire, 5/5/21, which read as follows:
Page 4, line 12:
Delete "an electric"
Insert "a"
REPRESENTATIVE SNYDER objected.
REPRESENTATIVE EASTMAN explained that that the intent of the
amendment would be that the bicycles considered under HB 87
would include other types of motors including electric.
REPRESENTATIVE WOOL stated that he did not support the amendment
and that the intent of the bill was to be confined to e-bikes in
production and high in use in Alaska. He noted that the engine
size would be required to be amended from 750 watts to include
other engine sizes, should Amendment 4 pass.
REPRESENTATIVE EASTMAN expressed his appreciation to the prime
sponsor for the intent of the bill. He encouraged passage of
the amendment.
REPRESENTATIVE SNYDER maintained her objection.
2:31:29 PM
A roll call vote was taken. Representatives Eastman, Kurka, and
Vance voted in favor of Amendment 4. Representatives Snyder,
Kreiss-Tompkins, Drummond, and Claman voted against it.
Therefore, Amendment 4 failed by a vote of 3-4.
2:32:18 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 5, labeled 32-
LS0397\A.8, Dunmire, 5/6/21, which read as follows:
Page 1, line 1, following "bicycles":
Insert "and other electric-assisted cycles"
Page 1, line 6:
Delete "bicycle"
Insert "cycle"
Page 1, line 14:
Delete "has the meaning given in AS 28.90.990(a)"
Insert "includes an electric-assisted cycle"
Page 2, line 9:
Delete "bicycle"
Insert "cycle"
Page 2, line 11:
Delete "bicycles"
Insert "cycles"
Page 2, line 13:
Delete "bicycles"
Insert "cycles"
REPRESENTATIVE SNYDER objected.
REPRESENTATIVE EASTMAN stated that Amendment 5 pertained to
section 8 of HB 87 and stated that his intent would be to
include a device with a quantity of wheels other than two.
REPRESENTATIVE WOOL stated that his preference would be to
retain the word bicycle as it was common parlance and predicted
that there would not be confusion as a result.
REPRESENTATIVE VANCE stated that she has many constituents who
use nonmotorized vehicles including three-wheeled vehicles. She
asked whether three-wheeled bikes are regulated in the same
manner as others.
REPRESENTATIVE WOOL stated that HB 87 specifies that an e-bike
may have up to three wheels.
2:38:22 PM
REPRESENTATIVE KURKA stated his support of the proposed
amendment and stated that he was unfamiliar with any cycle with
one or three wheels referred to as a bicycle.
REPRESENTATIVE WOOL stated that a recumbent bike is an example
of a bicycle that may have a quantity of three wheels.
REPRESENTATIVE SNYDER stated that she understood the underlying
logic of the amendment but allowed that the term bicycle was
used [in common parlance] to refer to a cycle which has a number
different than two wheels.
REPRESENTATIVE KREISS-TOMKINS compared referring to a variety of
cycles with wheels that number other than two as bicycles was
akin to other lexicons such as referring to "Kleenex" when
describing all facial tissues.
REPRESENTATIVE EASTMAN predicted that ambiguity could result
when the proposed regulations are enforced.
REPRESENTATIVE SNYDER maintained her objection.
2:43:58 PM
A roll call vote was taken. Representatives Eastman, Kurka, and
Vance voted in favor of Amendment 5. Representatives Snyder,
Kreiss-Tompkins, Drummond, and Claman voted against it.
Therefore, Amendment 5 failed by a vote of 3-4.
2:45:10 PM
REPRESENTATIVE DRUMMOND stated her support for HB 87, as
amended. She stated that electric assisted tricycles may have a
motor larger than 750 watts.
REPRESENTATIVE VANCE thanked the prime sponsor and expressed her
desire that HB 87 benefit he public.
REPRESENTATIVE EASTMAN recalled that an earlier proposed
amendment would have removed the wattage requirement.
2:46:48 PM
REPRESENTATIVE SNYDER moved to report HB 87, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 87(JUD) was
reported out of the House Judiciary Standing Committee.
2:47:53 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:48 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 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 PowerPoint Presentation 4.20.2021.pdf |
HJUD 5/3/2021 1:00:00 PM HJUD 5/7/2021 1:00:00 PM HTRA 4/20/2021 1:00:00 PM |
HB 87 |
| HB 87 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 |
| HB 87 v. A Amendments #1-5 HJUD v. 2 5.7.2021.pdf |
HJUD 5/7/2021 1:00:00 PM |
HB 87 |
| HB 87 v. A Amendments #1-5 HJUD v. 2 Final Votes 5.7.2021.pdf |
HJUD 5/7/2021 1:00:00 PM |
HB 87 |