Legislature(2021 - 2022)BARNES 124
04/20/2021 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB87 | |
| HB166 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 87 | TELECONFERENCED | |
| *+ | HB 166 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 20, 2021
1:01 p.m.
MEMBERS PRESENT
Representative Grier Hopkins, Chair
Representative Sara Hannan, Vice Chair
Representative Ivy Spohnholz
Representative Harriet Drummond
Representative Tom McKay
Representative Kevin McCabe
Representative Mike Cronk
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 87
"An Act relating to electric-assisted bicycles."
- HEARD & HELD
HOUSE BILL NO. 166
"An Act relating to the issuance of vehicle registration
plates."
- HEARD & HELD
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
BILL: HB 166
SHORT TITLE: ONE LICENSE PLATE PER VEHICLE
SPONSOR(s): REPRESENTATIVE(s) MCCABE
04/07/21 (H) READ THE FIRST TIME - REFERRALS
04/07/21 (H) TRA, FIN
04/20/21 (H) TRA AT 1:00 PM BARNES 124
WITNESS REGISTER
ASHLEY CARRICK, Staff
Representative Adam Wool
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 87 on behalf of Representative
Wool, prime sponsor.
JEFFREY SCHMITZ, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
87 and HB 166.
REPRESENTATIVE ADAM WOOL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, provided information
regarding HB 87.
REPRESENTATIVE MCCABE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 166.
WILLIAM GAMBLE, Staff
Representative Kevin McCabe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 166
on behalf of Representative McCabe, prime sponsor.
ERIC OLSEN, Lieutenant
Alaska State Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during the hearing
on HB 166.
ACTION NARRATIVE
1:01:14 PM
CHAIR GRIER HOPKINS called the House Transportation Standing
Committee meeting to order at 1:01 p.m. Representatives McCabe,
McKay, Drummond, Cronk, Hannan, and Hopkins were present at the
call to order. Representative Spohnholz arrived as the meeting
was in progress.
HB 87-ELECTRIC-ASSISTED BICYCLES
1:02:17 PM
CHAIR HOPKINS announced that the first order of business would
be HOUSE BILL NO. 87, "An Act relating to electric-assisted
bicycles."
1:03:15 PM
ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State
Legislature, presented HB 87 on behalf of Representative Wool,
prime sponsor. Ms. Carrick noted that a previous iteration of
HB 87 was House Bill 123, which made it to the Senate floor
during the Thirty-First Alaska State Legislature, at which point
the session was adjourned early due to the COVID-19 pandemic.
She stated that HB 87 would define "electric-assisted" bicycles
in statute, as is done presently in 33 other states. She said
"this effort" is supported by local municipalities. She
specified that the new statute would focus solely on those
electric-assisted bicycles that are human-propulsion bicycles,
with no more than 750 watts of power, and which provide
assistance only when a rider is pedaling up to a maximum speed
of 28 miles per hour (mph).
MS. CARRICK gave a PowerPoint presentation [hardcopy included in
the committee packet], which shows the bill sponsor's intent
that electric-assisted bicycles be regulated as bicycles, that
statute be updated to reflect technological advances, and to
bring clarity to consumers and retailers regarding electric-
assisted bicycle laws. She drew attention to a slide that
reiterated the definition she gave previously of an electric-
assisted bicycle. Another slide shows which states define
electric-bicycles. Those that use a "strict definition," she
said, are depicted in green, while those in yellow are states
that use a three-tiered classification system. She noted that
the request for the bill came from "People for Bikes," a group
that is lobbying for three different classes of electronic-
assisted bicycles: Class 1, equipped with a motor providing
assistance only when a rider is peddling up to 20 mph; Class 2,
equipped for bicycles with a motor ceasing to provide assistance
when a rider reaches 20 mph, whether or not the rider is
pedaling; and Class 3, equipped with a motor providing
assistance when pedaling only, and ceasing to provide assistance
only when the bicycle reaches 28 mph. She clarified that the
definition of electric-assisted bicycle in HB 87 would include
Class 1 and 3 only, not Class 2. Ms. Carrick offered a
correction to the map, which should be updated to reflect there
are currently 33 states with statutes defining electric-assisted
bicycles.
1:08:44 PM
MS. CARRICK, in response to Representative Hannan, said under HB
87, Alaska would be added to the map in the category of green
states, since it would not include all three classes. In
response to a follow-up question, she indicated that the tiers
are used in retail and in policy-making to distinguish between
different bicycle types.
1:10:55 PM
MS. CARRICK, in response to a question from Chair Hopkins as to
the reason behind the 28 mph threshold, said that is the typical
threshold in manufacturing of electric-assisted bicycles, from
20 to 28 mph.
1:11:45 PM
MS. CARRICK returned to the PowerPoint and turned to the
remaining slides, which show photos of electric-assisted
bicycles, as well as those which are not, such as mopeds and
electric scooters, which do not have pedals to operate.
1:14:23 PM
CHAIR HOPKINS asked what type of registration, if any, would be
required for those bicycles that do require the rider to move
the pedal to ride.
1:14:35 PM
JEFFREY SCHMITZ, Director, Division of Motor Vehicles,
Department of Administration, indicated there is question as to
whether a [Class] 2 bike is considered to be a motorcycle, and
at times DMV staff must call the manufacturer to ask; however,
if it falls into the category of an electronic-assisted bicycle,
then it falls outside the scope of the DMV and is not
registered.
1:15:40 PM
MR. SCHMITZ, in response to Representative Hannan, said it is
rare that the DMV would be asked by someone into which category
his/her bike falls. In response to a follow-up question
regarding feedback from other states, he said many states handle
this issue differently, to the point that the Association of
Motor Vehicle Administrators has sought clarification nationwide
as to what a best practice would be. Currently each state is
deciding on its own; within each state, much of the decision-
making is being left up to local jurisdictions. He said this is
"an emerging area." He reiterated that information can come
from the manufacturer and, if it's not a motorcycle, it falls
outside the scope of the DMV.
1:18:50 PM
MS. CARRICK, upon invitation of Chair Hopkins, provided the
sectional analysis for HB 87, which read as follows [original
punctuation provided]:
This bill amends Titles 19, 28, and 41 of the Alaska
Statutes.
Section 1 (page 1) Amends AS 19.10.399(9) to state
that the definition of motor vehicle excludes
electric-assisted bicycles
Section 2 (page 1) Amends AS 19.10.399 (16) to state
that electric-assisted bicycles are to be regulated as
bicycles in regards to operation on a way, path, or
area
Section 3 (page 1-2) Amends AS 28.05.011(a) states
that electric-assisted bicycles should be regulated as
bicycles in regards to rules of the road; also
includes electric-assisted bicycle under an existing
provision allowing municipal ordinances to separately
regulate in this area
Section 4 (page 2-3) Amends AS 28.10.011 to state that
an electric-assisted bicycle is not required to be
registered as a vehicle
Section 5 (page 3) Amends AS 28.90.990(a)(12) to state
that an electric-assisted bicycle does not fall under
the definition of an "electric personal motor vehicle"
Section 6 (page 3) Amends AS 28.90.990(a)(18) to state
that an electric-assisted bicycle does not fall under
the definition of a "motor vehicle"
Section 7 (page 4) Amends AS 28.90.990(a)(20) to state
that an electric-assisted bicycle does not fall under
the definition of a "motor-driven cycle
Section 8 (page 4) Adds a new definition as AS
28.90.990(a)(34) to define an electric-assisted
bicycle as 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, and
is equipped with an electric motor that has a power
output of not more than 750 watts, provides assistance
only when the rider is pedaling, and ceases to provide
assistance to the rider when the bicycle reaches a
speed of 28 miles per hour.
Section 9 (page 4) Amends AS 41.23.300 to state that
electric-assisted bicycles are to be regulated as
bicycles in regards to operation in public use areas.
1:22:29 PM
REPRESENTATIVE ADAM WOOL, Alaska State Legislature, as prime
sponsor of HB 87, shared the story that instigated the
legislation, where an individual was pulled over and told he
needed a license to operate an electric-assisted bicycle he was
riding. The proposed legislation would clarify that someone
riding an electric-assisted bicycle does not need a license. In
response to Representative Hannan, he offered his understanding
that the man did not get arrested but had to walk the bike home.
1:25:09 PM
MR. SCHMITZ, in response to a question about the clarity needed
regarding Class 2, which is not covered under HB 87, reiterated
that if the DMV came across a vehicle where there was question
as to whether or not it was a bicycle or a motorcycle, then it
would contact the manufacturer.
1:27:33 PM
REPRESENTATIVE WOOL, in response to Representative Hannan,
agreed that the crux of the issue is to be able to determine
whether a vehicle requires registration. He pointed out that
the Class 2 has pedals but does not require their use, whereas
the Class 1 and 3 electric-assisted bicycles require use of the
pedals to engage the electric-assist feature of the bicycles.
Certain municipal ordinance may still ban electric-assisted
bicycles from bicycles paths; however, most allow both
traditional pedal bicycles and electric-assisted bicycles on the
paths.
1:29:39 PM
CHAIR HOPKINS opened public testimony on HB 87. After
ascertaining there was no one who wished to testify, he closed
public testimony.
1:29:54 PM
CHAIR HOPKINS announced that HB 87 was held over.
HB 166-ONE LICENSE PLATE PER VEHICLE
1:30:26 PM
CHAIR HOPKINS announced that the final order of business would
be HOUSE BILL NO. 166, "An Act relating to the issuance of
vehicle registration plates."
1:30:45 PM
The committee took an at-ease from 1:30 p.m. to 1:31 p.m.
1:31:35 PM
REPRESENTATIVE MCCABE, Alaska State Legislature, as prime
sponsor, presented HB 166. He indicated the bill would change a
requirement of "two [license] plates per vehicle" to "one
plate." Removing the requirement for license plates displayed
on the front of vehicles would result in fiscal savings of
$332,000, with virtually no other effect. He said there are 20
other states that do not require a front license plate, with
others following suit. He said some negative factors of having
to add a front license plate where there is no factory made
holder for one is having to drill into a bumper, which can lead
to rust and, in some newer vehicles, can interfere with sensor
technology. Further, electric cars do not require as much room
up front in design, thus there is less room for front license
plates on them.
1:35:45 PM
REPRESENTATIVE MCCABE allowed there are some public safety
concerns. Alaska State Troopers gave an example of someone
pulling up to a convenience store with plans to rob the store,
and the camera on the storefront captures the license plate on
the front of the vehicle. He suggested that concern may be
minimized when considering that a criminal may use a stolen
vehicle or take the plates off before using the vehicle. He
offered his understanding that the front plate is the plate most
typically stolen by thieves, because it is the least likely of
the two plates to be noticed missing by the vehicle owner.
1:38:07 PM
WILLIAM GAMBLE, Staff, Representative Kevin McCabe, Alaska State
Legislature, on behalf of Representative McCabe, prime sponsor
of HB 166, presented the sectional analysis [hard copy included
in the committee packet] which read as follows [original
punctuation provided]:
Section 1: Amends AS 28.10.108(g) to make all
references to "plates" and "registration" singular.
Section 2: Amends AS 28.10.108(h) to make all
references to "plates" singular.
Section 3: Amends AS 28.10.155(a) to make all
references to "plates" singular.
Section 4: Grammatically amends AS 28.10.161(a) to
conform with the singular intent of the bill.
Section 5: Amends AS 28.10.161(b) adds conforming
language for a singular plate.
Section 6: Adds a subsection to AS 28.10.161 that
provides an individual or organization the option to
return a plate should they be issued two plates.
Section 7: Grammatically amends AS 28.10.181(b) to
conform with the singular intent of the bill.
Section 8: Amends AS 28.10.181(j) to make all
references to "plates" singular.
Section 9: Amends AS 28.10.121(d)(9) to make all
references to "plates" singular. Section 10: Amends AS
28.10.441 to make all references to "plates" singular.
1:39:34 PM
REPRESENTATIVE MCCABE, in response to Representative McKay,
reiterated that the projected savings under HB 166, as reflected
on the fiscal note from the DMV, would be $332,000.
1:40:10 PM
REPRESENTATIVE MCCABE, in response to Representative Spohnholz,
said since HB 166 is "a state bill," he did not speak with any
local law enforcement personnel in his district; he spoke with
Alaska State Troopers. He said he spoke with Lieutenant Eric
Olsen. He said law enforcement would want as many identifying
features on a vehicle as possible. He said he did not discount
that factor, but indicated his focus was on cost savings. He
noted that statewide the number of citations issued amount only
to one each in 2018 and 2019, and five in 2020, for a missing
front license plate. He suggested that if the law is not being
forced, then why not save the money for the state?
REPRESENTATIVE SPOHNHOLZ emphasized keen interest in the view of
law enforcement on this issue. She added that just because
citations aren't being issued over a missing front license plate
doesn't mean front plates are not a useful investigative tool.
1:44:16 PM
ERIC OLSEN, Lieutenant, Alaska State Troopers, Department of
Public Safety, emphasized that the front license plate is an
important means by which to identify a vehicle. During
surveillance, sometimes the front of the vehicle is all that is
visible. When there are numerous vehicles of the same make,
model, and color, the license plate becomes an important
distinguisher. In terms of plates being stolen, he said either
get swiped - front or back. He talked about the front license
plate playing a role in getting search warrants. He said there
are many places in the state where citizens have to file their
own police reports, and photos help the troopers corroborate.
Photos are taken for that purpose and to submit to insurance
companies. He emphasized an important use of the license plate
in someone calling in a dangerous driver, and he pointed out
that sometimes the caller has a view only of the front of the
vehicle. Likewise, in cases of heinous crimes, witnesses have
sometimes identified suspects for law enforcement via
identifying the front license plate. Further, officers at times
will locate a stolen vehicle traveling the opposite direction by
spotting the front license plate. Sometimes that leads to a
traffic stop where stolen goods or narcotics are found in the
vehicle. He indicated cameras have recorded front license
plates, which saves time, money, and manpower for law
enforcement.
1:50:28 PM
LIEUTENANT OLSEN, in response to Chair Hopkins, said the
Department of Public Safety holds no position regarding HB 166.
He added, "However, we do support any laws and regulations
pertaining to public safety." In response to a question from
Representative Hannan, he confirmed that the department's Alaska
State Troopers do not utilize cameras to read license plates at
intersections, and he deferred to municipalities as to their use
of such cameras.
1:52:30 PM
REPRESENTATIVE MCCABE, in response to a question from
Representative Drummond regarding the revenue-making aspect of
the DMV, explained that unlike in some other states, the Alaska
DMV charges a fee for registration but does not charge for the
license plates; therefore, there would be no loss in revenue and
there would be the aforementioned savings [of $332,000].
REPRESENTATIVE DRUMMOND questioned how it would be an annual
savings thereafter, "because once they stop spending it they
don't need to stop spending it in subsequent years."
1:55:07 PM
JEFFREY SCHMITZ, Director, Division of Motor Vehicles,
Department of Administration, said the fiscal note from the DMV
reflects a savings of 50 percent off what the division would
spend in a normal year, which is $664,000 for the production of
license plates into its inventory. The fiscal note shows that
when the number of plates is cut in half, so, too, is the
expenditure of the division. He allowed that it depends on "how
you look at it." One way is that if HB 166 is not passed, then
the annual cost for the inventory to cover two plates per
vehicle would be $664,000 in perpetuity; if the bill passes,
then the amount would be $332,000 annually.
MR. SCHMITZ, in response to Chair Hopkins, noted that the
division's "plate contract" is up for renewal in summer 2021, so
this would be a good time to adjust the inventory requirements
from the producer of the license plates.
1:57:01 PM
REPRESENTATIVE CRONK expressed willingness to offer a conceptual
amendment to include an effective date, since currently there
was not one.
CHAIR HOPKINS told Representative Cronk there would be a date
set for amendments; therefore, he asked him to wait to offer an
amendment rather than offering a conceptual one now.
1:57:46 PM
CHAIR HOPKINS asked whether not having a front plate currently
could be a violation of probation.
LIEUTENANT OLSEN answered yes, it could be reported to a
probation officer.
1:58:49 PM
CHAIR HOPKINS opened public testimony on HB 166. After
ascertaining there was no one who wished to testify, he closed
public testimony.
1:59:01 PM
CHAIR HOPKINS announced that HB 166 was held over.
1:59:49 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at
[2:00] p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 166 Letter of Support Specialty Equipment Market Association 4.20.2021.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| HB0166.32LS0403.VerA.4.20.21.PDF |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| HB166.SectionalAnalysis.VerA.4.20.21.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| HB166.FiscalNote.DMV.4.20.21.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| HB166.SponsorStmt.VerA.4.20.21.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| HB166.SupportingLetters.4.20.21.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| 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 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 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 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 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 166 Letters of Support Second Batch 4.20.2021.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| HB166.SupportingLetters.fourthBatch.4.20.21.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| HB166.SupportingLetters.ThirdBatch.4.20.21.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |
| HB 166 Letter of Opposition 3M 4.20.2021.pdf |
HTRA 4/20/2021 1:00:00 PM |
HB 166 |