Legislature(2019 - 2020)BARNES 124
04/16/2019 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HJR12 | |
| HB23 | |
| HB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 12 | TELECONFERENCED | |
| += | HB 23 | TELECONFERENCED | |
| *+ | HB 123 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 16, 2019
1:12 p.m.
MEMBERS PRESENT
Representative Louise Stutes, Co-Chair
Representative Adam Wool, Co-Chair
Representative Harriet Drummond
Representative Andi Story
Representative Dave Talerico
Representative Sara Rasmussen
MEMBERS ABSENT
Representative Matt Claman
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 12
Supporting the completion of the Northern Rail Extension;
supporting the increase in defensive capabilities at Fort
Greely, Alaska; and encouraging the development of critical
Arctic infrastructure.
- MOVED HJR 12 OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 23
"An Act relating to registration fees for snowmobiles and off-
highway vehicles."
- MOVED SSHB 23 OUT OF COMMITTEE
HOUSE BILL NO. 123
"An Act relating to electric-assisted bicycles."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 12
SHORT TITLE: NORTHERN RAIL EXTENSION
SPONSOR(s): REPRESENTATIVE(s) TALERICO
03/13/19 (H) READ THE FIRST TIME - REFERRALS
03/13/19 (H) MLV, TRA
03/19/19 (H) MLV AT 2:00 PM GRUENBERG 120
03/19/19 (H) Heard & Held
03/19/19 (H) MINUTE(MLV)
03/21/19 (H) MLV AT 2:00 PM GRUENBERG 120
03/21/19 (H) Moved HJR 12 Out of Committee
03/21/19 (H) MINUTE(MLV)
03/22/19 (H) MLV RPT 4DP
03/22/19 (H) DP: RAUSCHER, JACKSON, TARR, LEDOUX
04/02/19 (H) TRA AT 1:00 PM BARNES 124
04/02/19 (H) Heard & Held
04/02/19 (H) MINUTE(TRA)
04/16/19 (H) TRA AT 1:00 PM BARNES 124
BILL: HB 23
SHORT TITLE: SNOWMOBILE REGISTRATION FEES
SPONSOR(s): REPRESENTATIVE(s) NEUMAN
02/20/19 (H) PREFILE RELEASED 1/7/19
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) TRA, FIN
03/13/19 (H) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
03/13/19 (H) READ THE FIRST TIME - REFERRALS
03/13/19 (H) TRA, FIN
03/26/19 (H) TRA AT 1:00 PM BARNES 124
03/26/19 (H) Heard & Held
03/26/19 (H) MINUTE(TRA)
04/16/19 (H) TRA AT 1:00 PM BARNES 124
BILL: HB 123
SHORT TITLE: ELECTRIC-ASSISTED BICYCLES
SPONSOR(s): REPRESENTATIVE(s) WOOL
04/05/19 (H) READ THE FIRST TIME - REFERRALS
04/05/19 (H) TRA, JUD
04/16/19 (H) TRA AT 1:00 PM BARNES 124
WITNESS REGISTER
WILLIAM GAMBLE, Staff
Representative Mark Neuman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 23 on behalf of Representative
Neuman, prime sponsor.
RICKY GEASE, Director
Division of Parks and Outdoor Recreation (DPOR)
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Answered questions pertaining to HB 23.
MARLA THOMPSON, Director
Division of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions pertaining to HB 23.
DAN SADDLER, Legislative Liaison/Communications Director
Office of the Commissioner
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Answered questions pertaining to HB 23.
ANNE RITTGERS, Staff
Representative Adam Wool
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation during
the hearing on HB 123, on behalf of Representative Wool, prime
sponsor.
ACTION NARRATIVE
1:12:03 PM
CO-CHAIR ADAM WOOL called the House Transportation Standing
Committee meeting to order at 1:12 p.m. Representatives
Drummond, Talerico, Story, Stutes, and Wool were present at the
call to order. Representative Rasmussen arrived as the meeting
was in progress.
HJR 12-NORTHERN RAIL EXTENSION
1:12:51 PM
CO-CHAIR WOOL announced that the first order of business would
be HOUSE JOINT RESOLUTION NO. 12, Supporting the completion of
the Northern Rail Extension; supporting the increase in
defensive capabilities at Fort Greely, Alaska; and encouraging
the development of critical Arctic infrastructure.
1:13:21 PM
REPRESENTATIVE TALERICO, as prime sponsor of HJR 12, suggested
his presentation of HJR 12 [on 4/2/19] covered everything;
therefore, he asked if members had questions for him today.
1:13:40 PM
CO-CHAIR STUTES noted there was a zero fiscal note, and she
asked the sponsor whether there would be another fiscal note.
1:13:50 PM
REPRESENTATIVE TALERICO answered there would not be, because HJR
12 asks for full federal funding.
1:14:29 PM
REPRESENTATIVE STORY characterized HJR 12 as "a good
opportunity" and said she is pleased to see the joint resolution
"brought forward."
1:14:38 PM
CO-CHAIR WOOL concurred.
1:14:42 PM
REPRESENTATIVE DRUMMOND mentioned her experience touring the
rail line last summer with other legislators and how one of the
uses of the rail line could be for farmers to move their product
and avoid having to drive a difficult highway. She opined that
the legislature needs to support its farmers, wherever they are
in the state. She expressed support for finishing the rail
line.
1:16:10 PM
CO-CHAIR STUTES moved to report HJR 12 out of committee with
individual recommendations and the accompanying zero fiscal
note. There being no objection, HJR 12 was reported out of the
House Transportation Standing Committee.
HB 23-SNOWMOBILE REGISTRATION FEES
1:16:40 PM
CO-CHAIR WOOL announced that the next order of business would be
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 23, "An Act relating to
registration fees for snowmobiles and off-highway vehicles."
1:16:59 PM
WILLIAM GAMBLE, Staff, Representative Mark Neuman, Alaska State
Legislature, presented SSHB 23 on behalf of Representative
Neuman, prime sponsor. [The first presentation having taken
place on 3/26/19], Mr. Gamble offered to answer questions from
the committee.
1:17:28 PM
CO-CHAIR STUTES asked for greater specificity regarding the
current use of funds.
1:17:51 PM
MR. GAMBLE offered his understanding that Governor Mike Dunleavy
has taken the money out of the Fiscal Year 2020 (FY 20) budget;
however, he said he cannot answer as to the intentions of the
governor for funds that "come in through" the Division of Motor
Vehicles (DMV).
1:18:07 PM
CO-CHAIR WOOL recollected that the bill sponsor had said he
wanted the fees to go to trail maintenance - snow machine
trails, in particular.
MR. GAMBLE confirmed that is correct. He said the name of the
program is Snow Track.
1:18:39 PM
RICKY GEASE, Director, Division of Parks and Outdoor Recreation
(DPOR), Department of Natural Resources (DNR), stated that the
division oversees the Snowmobile Trails Grant Program. Last
year the division had approximately $400,000 total in requested
funding, of which $180,000 in receipts came from DMV. He said
minus the administration fees, the division put out $158,000 in
grants for trail grooming, which is about 38 percent of the
overall requests. With more money coming in, along with receipt
authority, the division could give out more money.
1:19:47 PM
CO-CHAIR WOOL observed that SSHB 23 would double the amount of
money coming in; however, the actual amount would not double,
since there would be a provision wherein people could spend less
by paying for more years up front. He asked whether $350,000
would be "a fair target."
MR. GEASE answered that according the fiscal analysis, that is
correct.
1:20:17 PM
CO-CHAIR STUTES asked whether the requests to which Mr. Gease
referred were specifically for trail maintenance.
1:20:39 PM
MR. GEASE responded that the majority of it went toward the
grooming of trails. He noted that some money was requested to
cover the cost of putting up safety signage. In response to a
follow-up question, he said the intent behind the increase of
fees under SSHB 23 would be to cover the trail grooming and
signage. He said the Snow Track Advisory Council reviews [the
applications], and the money is distributed to the groups. He
spoke of larger equipment used for maintenance, and he mentioned
volunteer organizations. He clarified that the equipment is
owned by the nonprofit organizations.
1:22:31 PM
CO-CHAIR WOOL asked whether he is correct in thinking that the
money allocated for trails "is not going to be entirely used
inside the state parks."
MR. GEASE answered that what Co-Chair Wool was referring to is a
different program called the Recreational Trails Program. In
response to a follow-up question from Co-Chair Stutes, he
clarified that funding for the Snowmobile Trails Grant Program
comes from snowmobile users paying a registration fee to DMV,
and then, through the receipt authority, that money is
transferred to DNR to allocate to the grantees of the program -
the groomers across the state.
1:24:13 PM
CO-CHAIR WOOL asked whether any of the funds go to other uses,
such as maintenance of summer trails.
MR. GEASE answered that all the funds are used to maintain
winter trails; however, sometimes "fat tire" bicycle riders use
the snow machine trails.
1:25:00 PM
MR. GAMBLE noted that almost 12 percent of the receipts go
towards administering the program. He said it is all self-
funded. He stated, "It's no cost to DNR, except for the ...
[snowmobile] registration fees; they pay for all the ...
administration of the program itself."
1:25:19 PM
REPRESENTATIVE STORY shared her appreciation for the legislative
research information that shows what the cost of snowmobile
registration is in other states, as well as "the community use
of the registrations across the state."
1:25:41 PM
REPRESENTATIVE DRUMMOND referred to the fiscal note [from the
Department of Administration, included in the committee packet],
and noted that the revenue is listed as an undesignated general
fund (UGF). She offered her understanding that funds specified
for expenditure in a specific way are categorized as a
designated general fund (DGF).
1:26:33 PM
MARLA THOMPSON, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), said the fiscal note was
"double-checked," so it is UGF. Notwithstanding that, she said
she would check with an administrator and get back to the
committee on the issue.
1:27:39 PM
DAN SADDLER, Legislative Liaison/Communications Director, Office
of the Commissioner, Department of Natural Resources (DNR),
explained that the money is raised by registration fees on
snowmobiles, which are collected by the DMV. The money, funded
by capital grants, is UGF; it is "available to any program to
spend" and is allocated through the capital budget to DNR,
through capital grants. In response to Representative Drummond,
he said he does not think the proposed legislation directs the
funds to be spent on the Snow Track [Grant Program]; however, he
stated, "I think the expectation is that's what would happen."
1:29:06 PM
CO-CHAIR STUTES moved to report SSHB 23 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, SSHB 23 was reported out of the House
Transportation Standing Committee.
1:29:35 PM
The committee took an at-ease from 1:29 p.m. to 1:32 p.m.
[During the at-ease, Co-Chair Wool passed the gavel to Co-Chair
Stutes.]
HB 123-ELECTRIC-ASSISTED BICYCLES
1:32:23 PM
CO-CHAIR STUTES announced that the final order of business would
be HOUSE BILL NO. 123, "An Act relating to electric-assisted
bicycles."
1:32:40 PM
CO-CHAIR WOOL, as prime sponsor, presented HB 123. He read the
sponsor statement, which read as follows [original punctuation
provided]:
The purpose of HB 123 is to clearly define electric-
assisted bicycle in statute. Currently, the state of
Alaska does not have any laws pertaining to electric-
assisted bicycles, nor related references to operating
licenses, safety requirements, local traffic laws, or
related definitions. An electric-assisted bicycle does
not fit into existing definitions of any other type of
vehicle. A new definition in statute is needed to
address electric-assisted bicycles to remove confusion
for electric-assisted bicycle owners and retailers.
On the municipal level, the Municipality of Anchorage
defined low-speed electric bicycles in 2016. On the
state level, thirty-three states in some manner define
electric bicycles. Adding this definition will
regulate electric-assisted bicycles as a bicycle
clarifying that Alaskans do not need a driver's
license or wear a helmet to operate an electric-
assisted bicycle; they are not subject to
registration, licensing, or insurance requirements
that apply to motor vehicles; and they may be operated
where regulations currently allow for bicycles to be
operated.
Please join me in supporting House Bill 123 to bring
our statutes up to date to reflect technological
advances related to electric-assisted bicycles.
CO-CHAIR WOOL explained that a constituent with a revoked
driver's license was pulled over and told he could not ride his
electric bicycle, and that was the impetus for HB 123.
1:34:40 PM
ANNE RITTGERS, Staff, Representative Adam Wool, Alaska State
Legislature, on behalf of Representative Wool, prime sponsor,
offered a PowerPoint presentation on HB 123. As shown on slide
1, she noted that electric-assisted bicycles are not currently
defined in statute; the objective of HB 123 is to regulate
electric-assisted bicycles as bicycles; update statute to
reflect technological advances; and bring clarity to consumers
and retailers on electric-assisted bicycle laws. She drew
attention to slide 2, and pointed out that the definition of
electric-assisted bicycle therein could also be found in Section
8 of the proposed legislation. The definition shows on slide 2,
as follows [original punctuation provided]:
A bicycle that is:
? Designed to travel with not more than three wheels
in contact with the ground
? Has fully operative pedals for human propulsion
? Is equipped with an electric motor that:
? has a power output of not more than 750 watts
(1 hp)
? provides assistance only when the rider is
pedaling
? ceases to provide assistance to the rider when
the bicycle reaches a speed of 28 miles per hour
MS. RITTGERS turned to slide 3, which shows states highlighted
in green or yellow as having varying levels of electric-assisted
bicycle definitions/classifications. Slide 4 shows an image of
an electric-assisted bicycle, which has a battery pack, motor,
and pedals. She said some electric-assisted bicycles look like
regular bicycles, because the battery and motor are encased in
the bicycle frame, as shown on slide 5. Ms. Rittgers pointed to
some differences in mopeds and scooters, such as their variation
in engine size and that they do not have fully operational
pedals or pedal assist, as seen on slide 6.
1:37:26 PM
REPRESENTATIVE RASMUSSEN asked whether there is anything in
current statute about [using an electric-assisted bicycle] while
under the influence of alcohol.
MS. RITTGERS answered that currently there is no driving under
the influence (DUI) in statute for those riding bicycles;
therefore, because the intent of HB 123 is to regulate electric-
assisted bicycles as bicycles, a rider of an electric-assisted
bicycle could not get a DUI. She said there is only a small
class of electric-assisted bicycles that go up to 28 miles per
hour (mph); the majority travel at speeds less than 20 mph.
1:38:31 PM
CO-CHAIR WOOL acknowledged Representative Rasmussen's concern.
He said a person riding a bicycle under the influence can be
cited, but he/she will not get a DUI, because it is not a motor
vehicle. He specified that although a bicyclist can get up to
higher speeds going downhill, the assist function of an
electric-assisted bicycle cuts off at 28 mph.
1:39:19 PM
CO-CHAIR STUTES directed attention to the map on slide 3, and
noted that those states highlighted in yellow are reflected as
having a "3-tier classification system." She asked what that
means.
MS. RITTGERS answered that Class 1 is an electric-assisted
bicycle that can travel at speeds up to 20 mph; Class 2 also
goes up to 20 mph, but with an option of pedal assist or
throttle; and Class 3 goes up to 28 mph.
1:40:23 PM
REPRESENTATIVE STORY, considering the speed of up to 28 mph,
asked whether other states have helmet laws that apply to
operators of electric-assisted bicycles.
1:40:54 PM
CO-CHAIR WOOL answered that there are states that regulate
bicycles that have an option of not pedaling; some states
include helmet laws. He said he didn't want to go into helmet
laws and age requirements in HB 123. In response to a follow-up
question, he said it is not that he does not think it is a
safety issue, but rather that he just wanted to treat [electric-
assisted bicycles] like regular bicycles, which he pointed out
can go faster than 28 mph. He opined that people should wear a
helmet on a regular bicycle; however, he reiterated that that is
not a requirement under Alaska state law. He pointed out that
Alaska does not even have a helmet law for people operating
motorcycles. He said he has ridden an electric-assisted
bicycle, and he shared how his brother retrofitted his sister-
in-law's bicycle and how that helped her on hills.
1:44:17 PM
REPRESENTATIVE RASMUSSEN stated that she believes it would be
beneficial to discuss the requirement of wearing a helmet. She
said her mother has an electric bicycle and fell off it perhaps
the first three or four times she rode it, because it "jumps"
sometimes when it goes into assist mode.
1:45:19 PM
CO-CHAIR WOOL concurred. He emphasized the need for bicycle
riders to wear helmets. He said he requires his children to
wear helmets. He pointed out that there is a big learning curve
to riding a Segway, but there is no helmet law on them. He
questioned whether people would want the state or government to
dictate [helmet requirements]. He reiterated his previous
statements about leaving the electric-assisted bicycles in
alignment with laws about bicycle riding. He also repeated that
he is "happy to have the discussion."
1:46:28 PM
REPRESENTATIVE DRUMMOND noted that the Bicycle Helmet Safety
Institute website lists Anchorage, Bethel, Juneau, Kenai, and
Sitka as communities that have had laws in place since the mid-
2000s requiring children under 16 or 18, depending on the
community, to wear helmets when they ride bicycles; therefore,
"communities are taking care of their young people as they so
choose." She indicated her own house rule is that children will
wear helmets [when riding bicycles].
1:47:06 PM
REPRESENTATIVE STORY inquired as to when a discussion of helmet
requirements has taken place in Alaska.
1:47:20 PM
MS. RITTGERS answered that the only requirements she found were
related to helmets required for passengers on motorcycles, those
younger than 18 operating a motorcycle, those operating a
motorcycle with an instruction permit, and those taking a
motorcycle road test.
1:48:02 PM
CO-CHAIR WOOL stated that some municipalities can and do have
laws regarding electric-assisted bicycles. For example, some
cities allow them to be ridden on bicycle trails, while other do
not allow it. He indicated that HB 123 spells out that local
municipalities can [adopt stricter regulations] regarding
electric-assisted bicycles.
1:48:49 PM
MS. RITTGERS, in response to Representative Story, advised that
that language is in Section 3 of the bill.
1:49:17 PM
REPRESENTATIVE TALERICO shared his appreciation for HB 123. He
said he does not think [electric-assisted bicycles] are a trend,
thus the state should see steady growth in their use. He
characterized the sponsor's bill as timely.
1:49:35 PM
CO-CHAIR STUTES echoed Representative Talerico's appreciation
for HB 123 and said she thinks people will be surprised by the
number of electric-assisted bicycles that will be seen on the
road.
[HB 123 was held over.]
1:49:58 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Committee meeting was adjourned at [1:49] p.m.