04/20/2023 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB21 | |
| Presentation: What is Electronic Registration | |
| SB95 | |
| HB8 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 21 | TELECONFERENCED | |
| *+ | SB 95 | TELECONFERENCED | |
| *+ | HB 8 | TELECONFERENCED | |
| + | SB 62 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 20, 2023
3:31 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Jesse Bjorkman
Senator Bill Wielechowski
Senator Kelly Merrick
MEMBERS ABSENT
Senator Matt Claman, Vice Chair
COMMITTEE CALENDAR
PRESENTATION: WHAT IS ELECTRONIC REGISTRATION
- HEARD
SENATE BILL NO. 21
"An Act relating to the Executive Budget Act; relating to
strategic plans, mission statements, performance plans, and
financial plans for executive branch agencies; and providing for
an effective date."
- MOVED SB 21 OUT OF COMMITTEE
SENATE BILL NO. 95
"An Act relating to special request specialty organization
registration plates; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 8
"An Act relating to electric-assisted bicycles."
- HEARD & HELD
SENATE BILL NO. 62
"An Act relating to electric-assisted bicycles."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 21
SHORT TITLE: STRATEGIC PLANS FOR STATE AGENCIES
SPONSOR(s): SENATOR(s) KAUFMAN
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) STA, FIN
03/14/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
03/14/23 (S) Heard & Held
03/14/23 (S) MINUTE(STA)
04/18/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
04/18/23 (S) -- MEETING CANCELED --
04/20/23 (S) STA AT 3:30 PM
BILL: SB 95
SHORT TITLE: LICENSE PLATES: SPECIALTY ORGANIZATIONS
SPONSOR(s): SENATOR(s) MERRICK
03/08/23 (S) READ THE FIRST TIME - REFERRALS
03/08/23 (S) STA, FIN
04/18/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
04/18/23 (S) -- MEETING CANCELED --
04/20/23 (S) STA AT 3:30 PM
BILL: HB 8
SHORT TITLE: ELECTRIC-ASSISTED BICYCLES
SPONSOR(s): REPRESENTATIVE(s) CARRICK
01/09/23 (H) PREFILE RELEASED 1/9/23
01/19/23 (H) READ THE FIRST TIME - REFERRALS
01/19/23 (H) STA, L&C, TRA
02/23/23 (H) STA AT 3:00 PM GRUENBERG 120
02/23/23 (H) Heard & Held
02/23/23 (H) MINUTE(STA)
02/27/23 (H) L&C REFERRAL REMOVED
02/27/23 (H) BILL REPRINTED
03/02/23 (H) STA AT 3:00 PM GRUENBERG 120
03/02/23 (H) Moved HB 8 Out of Committee
03/02/23 (H) MINUTE(STA)
03/06/23 (H) STA RPT 6DP
03/06/23 (H) DP: ARMSTRONG, CARPENTER, C.JOHNSON,
ALLARD, WRIGHT, SHAW
03/14/23 (H) TRA AT 1:00 PM BARNES 124
03/14/23 (H) Heard & Held
03/14/23 (H) MINUTE(TRA)
03/28/23 (H) TRA AT 1:00 PM BARNES 124
03/28/23 (H) Moved CSHB 8(TRA) Out of Committee
03/28/23 (H) MINUTE(TRA)
03/29/23 (H) TRA RPT CS(TRA) NEW TITLE 7DP
03/29/23 (H) DP: MINA, STUTES, MCKAY, C.JOHNSON,
SUMNER, VANCE, MCCABE
04/14/23 (H) FAILED TO ADOPT TRA CS N39 E1
04/17/23 (H) TRANSMITTED TO (S)
04/17/23 (H) VERSION: HB 8
04/19/23 (S) READ THE FIRST TIME - REFERRALS
04/19/23 (S) STA
04/20/23 (S) TRA AT 1:30 PM BUTROVICH 205
04/20/23 (S) STA AT 3:30 PM
WITNESS REGISTER
SENATOR JAMES KAUFMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 21.
SHANE HAMLIN, Executive Director
Electronic Registration Information Center (ERIC)
Washington, DC
POSITION STATEMENT: Delivered a presentation on ERIC.
KERRY CROCKER, Staff
Senator Kelly Merrick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 95.
JEFFREY SCHMITZ, Director
Division of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Stated that DMV is neutral on SB 95.
REPRESENTATIVE ASHLEY CARRICK, District 35
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 8.
STUART RELAY, Staff
Senator Ashley Carrick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 8 on
behalf of the sponsor.
ERIC TROYER, board member
Fairbanks Cycle Club
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 8.
DYANI CHAPMAN, State Director
Alaska Environment Action
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 8.
JOHN SCHAUER, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 8.
ACTION NARRATIVE
3:31:22 PM
CHAIR SCOTT KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Merrick, Bjorkman, and Chair Kawasaki.
Senator Claman arrived soon thereafter.
SB 21-STRATEGIC PLANS FOR STATE AGENCIES
3:32:45 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 21
"An Act relating to the Executive Budget Act; relating to
strategic plans, mission statements, performance plans, and
financial plans for executive branch agencies; and providing for
an effective date."
He asked the sponsor if he any had final comments before the
committee took action on the bill.
3:33:09 PM
SENATOR JAMES KAUFMAN, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 21, thanked the committee for hearing and
considering the bill.
3:33:25 PM
SENATOR MERRICK moved to report SB 21, work order 33-LS0207\A,
from committee with individual recommendations and attached
fiscal note(s).
3:33:37 PM
CHAIR KAWASAKI found no objection and SB 21 was reported from
the Senate State Affairs Standing Committee.
3:34:01 PM
At ease
^PRESENTATION: WHAT IS ELECTRONIC REGISTRATION
PRESENTATION: WHAT IS ELECTRONIC REGISTRATION
3:35:06 PM
CHAIR KAWASAKI reconvened the meeting and announced a
presentation on the Electronic Registration Information Center
(ERIC) and how it benefits elections. He read the following
statement about ERIC and Shane Hamlin.
Shane Hamlin is the Executive Director of the
Electronic Registration Information Center (ERIC).
ERIC is a nonprofit, nonpartisan organization
dedicated to helping states improve the accuracy of
America's voter rolls and increasing access to voter
registration for all eligible citizens. Shane has
worked in elections policy and elections
administration at the state and national levels for
over 17 years.
3:35:33 PM
SENATOR CLAMAN joined the committee.
3:36:23 PM
SHANE HAMLIN, Executive Director, Electronic Registration
Information Center (ERIC), Washington, DC, stated that he became
interested in election policy when he worked in the Washington
State legislature.
3:37:46 PM
At ease
3:38:21 PM
CHAIR KAWASAKI reconvened the meeting.
MR. HAMLIN began the presentation by discussing the challenges
associated with maintaining good voter rolls. He spoke to the
following:
Maintaining accurate voter rolls is a challenge
because, every day, voters move or die. Voters don't
always remember to update their registration.
• About 27 million people, or 8.4 percent of the
population, moved in 2021 according to the U.S.
Census Bureau. Note - this is the lowest rate in
recent history. Pre-COVID move rates are higher.
• Nearly 3.46 million Americans died in 2021, the
most recent year with official death estimates.
MR. HAMLIN added that it's difficult to get good results without
good quality data and a rigorous, high standard matching
process. He stated ERIC's mission and opined that ERIC is the
most effective tool to help election officials maintain the
integrity of their voter rolls. He noted that when ERIC was
created, the seven initial member states believed in the
balanced mission of maintaining accurate voter rolls so there
was confidence in the process and providing voter registration
information to those who were eligible and providing information
on the most effective and efficient way to register.
3:41:57 PM
MR. HAMLIN advanced to slide 4 that consists of a color-coded
map that identifies the 32 member states in green and the states
that have resigned from ERIC in yellow. He noted that membership
will drop to 27 in June, but ERIC is actively talking to other
states about joining.
MR. HAMLIN turned to slide 5, "ERIC 101 - The Basics" and spoke
to the following:
• Non-profit membership organization founded in 2012
by seven states, four led by Republican and three
led by Democrats. Today, ERIC is led by bipartisan
mix of Republican and Democratic state officials
across 32 states and DC.
• Participating states control ERIC. Chief elections
officials appoint a member representative to serve
on the Board of Directors. [For Alaska, Division of
Elections Director Carol Beecher] serves on the
board.
• Funded by participating states. New members pay a
one-time fee. All members pay annual dues. Start-up
support from Pew, no other funding source.
3:43:56 PM
MR. HAMLIN displayed the graphic on slide 6 that shows the data
ERIC uses to generate the reports it provides.
Voter Registration Information: full name, mailing and
residential address, date of birth, Social Security Number, and
the last activity date to determine the most recent record.
Division of Motor Vehicles: full name, mailing and residential
address, driver's license/ID numbers, Social Security Number,
and last activity dates.
Social Security Limited Master Death File: full name, date of
birth, Social Security Number, and date of death.
Information ERIC Does Not Collect: confidential voter records,
party affiliation, and known noncitizens.
Double Cryptographic Hashing: Member states apply a
cryptographic hash on the specific data fields for DOB, SSN, and
DL/ID# before the data is submitted to ERIC. He noted that a
cryptographic hash renders the data to a string of characters
that allow comparison but not discernable. Once the file is
taken in house, the data is hashed a second time ensuring that
ERIC never sees the data in plain text and they're not included
in reports. If somebody were to access the data center, the
hacker would not see the data fields in plain text.
3:47:59 PM
MR. HAMLIN turned to slide 7 to discuss the different reports
ERIC generates.
Eligible but Unregistered Report: This report identifies
individuals who appear to be eligible to vote but are not
registered.
List Maintenance Report is comprised of the following:
• In-state mover report identifies people who have moved
within Alaska but have not updated their voter registration
record.
• Cross-state movers report identifies Alaska voters who have
moved to another ERIC member state and have not canceled
their registration in Alaska.
• Deceased voter report is comprised of individuals who
appear on the National Death Data File from the Social
Security Administration.
• In-state duplicate registration report.
Optional Reports
• National Change of Address (NCOA) report uses data
individuals submit to the USPS.
• Voter Participation report identifies cases of
possible illegal voting, double voting within a member
state, voting in the same election between two member
states, or voting on behalf of a deceased voter.
Alaska uses this report but it is optional in an
attempt to protect peoples' rights against being
wrongfully accused of a crime.
3:50:26 PM
SENATOR CLAMAN asked if the reports only have data about people
who hit certain parameters or if the state was supposed to send
just certain data to ERIC.
MR. HAMLIN answered that a state requests the reports it wants
based on what it is trying to accomplish. For example, if the
state wants data on deceased voters, ERIC sends all the data it
has on the deceased voter report.
SENATOR CLAMAN summarized that ERIC goes through the entire
voter roll and sorts for the information the state requested.
MR. HAMLIN said that's correct. Member states are required to
upload a voter file and DMV file at least every 60 days and when
a state requests data, ERIC uses the most recent uploaded data.
If the request was for the individuals who moved cross-state,
that most recent file is compared to every other member state's
voter files and DMV records. The report includes the individuals
who have a driver's license or registration that appears to have
been obtained more recently in another state. That information
was provided to the Alaska Division of Elections and that's
their Cross-State report. That data is compared against all
currently registered voters in Alaska.
SENATOR CLAMAN asked how much is the one-time fee and the annual
fee.
MR. HAMLIN said the one-time fee to join is $25,000; it is
reserved for periodic large expenses. Alaska paid annual dues
of $26,000 this fiscal year and that goes toward operating
expenses.
SENATOR CLAMAN asked how that compares to a more populous state
like Texas.
MR. HAMLIN answered that Texas paid $116,000 this fiscal year.
He explained that the dues formula factors the voting age
population in the member state and the total number of states in
ERIC.
3:54:03 PM
MR. HAMLIN advanced to slide 8, "ERIC 101- Eligible but
Unregistered Report" and spoke to the following:
Important points:
• These reports come directly from ERIC and contain
individuals who have a driver's license/ID card
but who are not registered to vote.
• The data in these reports is from the DMVA,
protected by the Driver's Privacy Protection Act
of 1993.
• No political party information in these reports.
• States filter out any individual they know not to
be eligible, for example due to age or felony
status.
• Mailings clearly state the eligibility
requirements - age, citizenship, residency, etc.
3:56:20 PM
MR. HAMLIN advanced to slide 9, "ERIC 101 - List
Maintenance Reports." States are required to use these
reports to keep their rolls accurate and up to date. The
underlined and bolded language in the membership agreement
speaks to this. He highlighted that the agreement includes
a clause that says the member will use the report in a
manner that complies with applicable federal and state
laws. Members are required to use the report to do list
maintenance.
Membership Agreement, Section 4(b).
"When the Member receives credible ERIC
Data...indicating that information in an existing
voter's record is deemed to be inaccurate or out-of-
date, the Member shall, at a minimum, initiate contact
with that voter in order to correct the inaccuracy or
obtain information sufficient to inactivate or update
the voter's record. Each Member has ninety (90) days
after the data was sent to initiate contact with at
least 95% of the voters on whom data indicating a
record was inaccurate or out-of-date, as described
above, was provided."
3:57:55 PM
MR. HAMLIN advanced to slide 10 and continued to discuss the
List Maintenance Report. The table on the left shows how the
reports are generated.
Cross-state Movers
• The voter has a newer registration or licensing record
in another state.
In-state Updates
• This is a comparison to the DMV record. If DMV has
information that is newer or isn't on the voter
record, it's provided so they can either be added to
the voter record or the elections division can contact
the voter for the purposes of updating the record.
This report has the largest number of records.
Deceased
• This report compares the voter file to the Social
Security Death Master list.
In-state Duplicates
• This report is an analysis of the existing voter
file that looks for more than one registrations for
the same individual.
The requirements listed on the right side of the slide are
outlined below.
similar Members must request a minimum of one report at least once
every 425 days. He noted that this was old language that would
likely be replaced very soon with more stringent language.
similar Members are strongly encouraged to request and act on all four
list maintenance reports at least once per calendar year. He
encourages members to request these as frequently as local
election officials have the bandwidth to process in a year.
Some states take them monthly.
similar Members must certify that contact was initiated with at least
95 percent of individuals.
similar Possible actions on Cross-State and In-State:
similar Send postcard to old addresses and act on
undeliverables.
similar Send voluntary cancellation request to new address.
similar Send notice and inactivate if there is no response
as per NVRA.
4:00:46 PM
MR. HAMLIN displayed slide 11, "List Maintenance Reports: Alaska
2016-2023 chart" that provides a summary of the value Alaska has
received from ERIC since joining in 2016. The division has
received: 7 Cross-State Mover reports that identified 101,497
inaccuracies; 5 In-State Update reports that identified 56,366
inaccuracies; 6 Deceased Voters reports that identified 1,933
inaccuracies; and 6 Duplicate Registration reports that
identified 276 inaccuracies. He said the Alaska Division of
Elections has done a good job of requesting reports often enough
that the lists are updated prior to major elections. He noted
that he tells all members that they could maximize the value of
their investment by making more frequent requests for list
maintenance reports.
4:03:03 PM
CHAIR KAWASAKI asked if ERIC charges a member state each time it
requests an update to its active voter list.
MR. HAMLIN answered that the $26,000 that Alaska pays annually
entitles a state to request as many reports as the Division of
Elections (DOE) wants. There is no charge for subscription
services or assessment services for death data or NCOA data. The
state is getting data in the Cross-State report that isn't
available anywhere else.
4:05:28 PM
SENATOR WIELECHOWSKI asked if the 101 thousand cross-state
movers were people who moved away from Alaska and have voter
records in another state.
MR. HAMLIN confirmed that those are Alaska voters who moved away
and got a license or registered to vote in another state after
the last activity on their Alaska registration.
SENATOR WIELECHOWSKI asked if it was fair to say that the Cross-
State Mover report has potentially prevented 101,497 people from
fraudulently voting in Alaska.
MR. HAMLIN responded that it has significantly reduced the
opportunity for voter fraud.
SENATOR WIELECHOWSKI asked if it was fair to say that if Alaska
were to drop its membership in Eric, the likelihood for voter
fraud would increase exponentially.
MR. HAMLIN responded that the opportunity for fraud is higher
when a state does not have a robust list maintenance program.
It's easier for people to cheat.
4:07:43 PM
SENATOR WIELECHOWSKI asked if any other system was comparable to
ERIC.
MR. HAMLIN said no.
SENATOR WIELECHOWSKI asked if it was fair to say that if Alaska
were to change to another system, the likelihood for voter fraud
would probably increase.
MR. HAMLIN said the opportunity for voter fraud certainly would
increase.
SENATOR WIELECHOWSKI said his point is that with the concern
some people have with voter fraud, the likelihood of having more
voter fraud is increased without access to ERIC.
MR. HAMLIN agreed that the underlying point was why take away a
tool that reduces the opportunity to catch voter fraud. Another
tool that ERIC offers gives data to investigate cases of
possible duplicate voting. The credible cases are then referred
to law enforcement.
4:09:10 PM
SENATOR WIELECHOWSKI asked why some states were dropping their
membership in ERIC.
MR. HAMLIN prefaced his response by clarifying that every state
that has dropped their membership joined ERIC with the full
understanding of the membership requirements to request and act
on the reports. He continued that two primary concerns have been
expressed. One concern was that the individual who held one of
the two nonvoting board seats was increasingly viewed as
partisan. The member states voted in February on whether to
remove those nonvoting seats from the bylaws and it failed.
During a second February meeting the members voted to repeal
those seats so there are no longer any nonvoting board seats.
That issue has been resolved.
The second concern was that some states decided they no longer
wanted to spend state funds to mail postcards that have basic
information on how to register to vote to people who were
eligible but unregistered. Those states asked for that report to
be optional. The board convened a bipartisan working group that
developed a package of reforms for the full board to consider.
That reform package would have modified the report requirements
such that the eligible but unregistered report, and all the
other reports, would have been optional after the first one was
done. That vote failed and the states that initially expressed
the concerns opted to leave ERIC.
4:13:31 PM
SENATOR WIELECHOWSKI asked him to clarify that the voter
registration requirements that caused some states to leave ERIC
were requirements that those states agreed to when they joined
ERIC originally.
MR. HAMLIN said that is 100 percent accurate.
CHAIR KAWASAKI noted that Florida was one of the states that
left ERIC. He asked if it was more likely now that an Alaskan
voter could move to Florida and register to vote there.
MR. HAMLIN responded that Florida data will no longer appear in
the Cross-State-Movers report. He added that the larger point is
that the Cross-State-Movers report is more robust when more
states participate. The loss of states reduces the effectiveness
of that report, which is why ERIC is actively recruiting other
states to join.
4:15:18 PM
CHAIR KAWASAKI thanked Mr. Hamlin for the presentation.
4:16:08 PM
At ease
SB 95-LICENSE PLATES: SPECIALTY ORGANIZATIONS
4:17:55 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 95 "An Act relating to special
request specialty organization registration plates; and
providing for an effective date."
4:18:15 PM
SENATOR KELLY MERRICK, District L, speaking as sponsor of SB 95,
introduced the legislation speaking to the following sponsor
statement.
Each year, the Legislature is tasked with approving a
specialty plate for the various organizations and
nonprofits that request plates. As of now, there are
at least forty-two license plates that can be
purchased at the Division of Motor Vehicles.
Since 2003, the Legislature has passed nine bills that
authorized specialty license plates. In some cases,
multiple pieces of specialty plate legislation were
rolled into one bill. For example, in the 27th
Legislature, four bills were rolled into one bill that
authorized six different plates.
Senate Bill 95 was introduced to remove the
Legislature from approving specialty plates. Under
this legislation, responsibility would be turned over
to the Division of Motor Vehicles. Streamlining the
process for both the legislature and the (DMV).
The division would adopt regulations to allow for
issuance of specialty plates sponsored by tax exempt
organizations based within the state or Departments of
the state, or a municipality within the state.
4:19:38 PM
KERRY CROCKER, Staff, Senator Kelly Merrick, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 95.
Section 1: Creates a new subsection in the Motor
Vehicle statutes, AS 28.10 181, to require the
Division of Motor Vehicles (DMV) to adopt regulations
allowing for the issuance of specialty organization
license plates sponsored by charitable and government
organizations within Alaska.
Section 2: Adds a new paragraph to AS 28.10.421 that
sets the fees for new plates and allows for other
fees.
Section 3: Provides an effective date of January 1,
2024
SENATOR WIELECHOWSKI commented that it was an efficiency bill
and he appreciated the sponsor bringing it forward.
CHAIR KAWASAKI agreed that it created efficiency and was good
government. He asked the sponsor to comment on the license plate
she brought to the meeting.
4:21:39 PM
SENATOR MERRICK explained that she brought the specialty license
plate her mother used on all her vehicles. It had her initials
that spelled the word CAR.
4:22:29 PM
CHAIR KAWASAKI opened public testimony on SB 95; finding none,
he closed public testimony.
He noted who was available to answer questions.
SENATOR WIELECHOWSKI asked whether DMV had a position or any
thoughts on how to improve the bill.
4:23:10 PM
JEFFREY SCHMITZ, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), Anchorage, Alaska, stated
that DMV was neutral on SB 95 and he had no comments on the
legislation.
4:23:51 PM
CHAIR KAWASAKI held SB 95 in committee for future consideration.
HB 8-ELECTRIC-ASSISTED BICYCLES
4:24:20 PM
CHAIR KAWASAKI announced the consideration of CS FOR HOUSE BILL
NO. 8(TRA) "An Act relating to electric-assisted bicycles; and
providing for an effective date."
He noted that this was the companion bill to SB 62 that many
members had already seen.
4:25:00 PM
REPRESENTATIVE ASHLEY CARRICK, District 35, Alaska State
Legislature, Juneau, Alaska, sponsor of HB 8, introduced the
legislation speaking to the sponsor statement.
Electric-assisted bicycles are an emerging and
exciting source of exercise, transportation, and
recreation for Alaskans. Currently 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. This is problematic since
electric-assisted bicycles do not currently fit into
existing definitions of any other type of vehicle. A
new definition in statute is needed to address
electric-assisted bicycles that can resolve this
confusion for electric-assisted bicycle owners and
retailers.
Forty-six other states define electric bicycles and
thirty-nine of those states classify e-bikes with a
three-tiered industry standard definition. Here in
Alaska, the Municipality of Anchorage defined low-
speed electric bicycles in 2016. Adding this
definition to statute will regulate electric-assisted
bicycles as a bicycle, and that any current statute
related to bicycles includes electric assisted-
bicycles. Additionally, e-bikes are not subject to the
registration, licensing or insurance requirements that
apply to motor vehicles, and they may be operated
where regulations currently allow bicycles to be
operated.
Additionally, this legislation has passed the House in
the two preceding legislatures. Please join me in
supporting House Bill 8 to bring our statutes up to
date so all Alaskans can enjoy and use electric-
assisted bicycles.
4:27:14 PM
REPRESENTATIVE CARRICK stated that HB 8 has three goals: 1) to
regulate electric assisted bicycles as bicycles in statute, 2)
to update the statute to reflect the advances in technology, and
3) to bring clarity to consumers and retailers on electric-
assisted bicycle laws and allow local flexibility. The new
definition in statute would identify an e-bike as a bicycle that
is designed to have not more than three wheels in contact with
the ground; has fully operable pedals for human propulsion; and
is equipped with an electric motor with a power output of not
more than 750 watts.
HB 8 further defines three classes of electric bicycles; Class 1
provides assistance only while the rider pedals and stops
assisting at a maximum speed of 20 miles per hour (mph); Class 2
propels the rider whether or not the rider pedals and stops
assisting at a maximum speed of 20 mph; Class 3 assists the
rider only when the rider is pedaling and stops assisting at a
maximum speed of 28 mph. She highlighted that the definitions in
HB 8 have been adopted in 39 other states. The language in HB 8
also clarifies that e-bikes are not mopeds, motor scooters, dirt
bikes, segues, motorcycles, cars, or electric wheelchairs.
4:31:31 PM
CHAIR KAWASAKI requested the sectional analysis.
4:31:45 PM
STUART RELAY, Staff, Senator Ashley Carrick, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for HB 8 on behalf of the sponsor.
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 clarify
that electric-assisted bicycles are to be regulated as
bicycles in regard to operation on a way, path, or
area.
Section 3. (Page 1-2) Amends AS 28.05.011(a) to state
that electric-assisted bicycles should be regulated as
bicycles in regard to the rules of the road. It also
includes electric-assisted bicycles under an existing
provision allowing municipal ordinances to separately
regulate in this area.
Section 4. (Page 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 3-4) 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 4) Amends AS 28.90.990(a)(18) to
state that an electric-assisted bicycle does not fall
under the definition of "motor vehicle."
Section 7 (Page 4) Amends AS 28.90.990(a)(19) to state
that an electric assisted bicycle does not fall under
the definition of a "motorcycle."
Section 8 (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 9 (Page 4-5) Amends 28.90.990(a)(33-36) to
state the term "bicycle" includes electric-assisted
bicycles in the three following classes
(34) Class 1: bicycles that assist only while the
rider is pedaling and that stop providing
assistance at the speed of 20 miles per hour.
(35) Class 2: bicycles that can propel weather or
not the rider is pedaling and that stop providing
assistance at the speed of 20 miles per hour
(36) Class 3: bicycles that only assist while the
rider is pedaling and that stop providing
assistance at the speed of 28 miles per hour.
Section 9 Cont. (Page 4-5) Amends AS 28.90.990(a)(37)
to define electric assisted bicycles as a bicycle that
is designed to travel with not more than three wheels
in contract 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, and includes Class 1, Class 2, and
Class 3 electric assisted bicycles.
Section 10 (Page 5) Amends AS 41.23.300 is amended by
adding a new section that states "bicycling" includes
the use of electric-assisted bicycles, and that
"electric-assisted bicycles" have the meaning provided
for in the previous section.
MR. RELAY listed the letters of support for HB 8 that were in
members' packets.
4:36:39 PM
SENATOR WIELECHOWSKI asked how the definition of e-bikes in the
bill aligns with the federal definition.
MR. RELAY replied that the definitions are the same.
SENATOR WIELECHOWSKI asked if there were federal efforts to
regulate the usage of e-bikes.
MR. RELAY replied that the Department of the Interior, which
includes the National Park Service and the Bureau of Land
Management (BLM) and the US Forest Service (Department of
Agriculture) use this definition for e-bikes. In National Parks
it is up to the park superintendent whether or not e-bikes can
be used on trails that allow bicycles. He noted that Denali
National Park allows e-bikes on trails that bicycles use. On BLM
land, the land use plan for a particular parcel must allow the
use of e-bikes.
SENATOR WIELECHOWSKI asked whether this bill would impact
Anchorage's regulatory scheme for electric bicycles.
MR. RELAY responded that the Municipality of Anchorage uses the
same definition for e-bikes as the federal government.
4:38:49 PM
SENATOR WIELECHOWSKI asked whether the bill changes the way
Anchorage regulates e-bikes.
MR. RELAY answered no, the bill does not change how Anchorage
regulates electric assisted bikes.
SENATOR WIELECHOWSKI asked whether the bill will impact how e-
bikes are used on the BLM Special Recreation Management Area
Campbell Track that's in the Municipality of Anchorage.
MR. RELAY answered that BLM personnel are reviewing an amendment
to the land use plan for Campbell Track to allow e-bikes, but
they currently are not allowed.
SENATOR WIELECHOWSKI asked if HB 8 would create an inconsistency
between the way the state treats electric assisted bicycles and
motorized scooters. If so, he asked for the rational for the
disparity.
MR. RELAY replied that scooters fall under a completely
different definition that is not included in HB 8.
SENATOR WIELECHOWSKI asked for the rational for treating them
differently.
MR. RELAY replied they are treated differently because they are
different vehicles. Motorized scooters don't have to have
operable pedals and are not bicycles. HB 8 says that because of
the similarities between bicycles and electric assisted
bicycles, they are both bicycles.
SENATOR WIELECHOWSKI asked if there was an ongoing rewrite of
the regulations in 13 AAC (2) and (4) that could address the
definition of e-bicycles.
MR. RELAY replied that bills to define e-bikes as bicycles have
been introduced since 2019 and to his knowledge there was no
active rewrite of 13 AAC (2) and (4) in process.
SENATOR WIELECHOWSKI asked if any department had sufficient
statutory authority to define electric assisted bikes as not a
motorized vehicle or if that required a statutory change.
MR. RELAY offered his understanding that various department
define electric assisted bicycles differently, which results in
a gray area and HB 8 clears up that gray area.
4:41:41 PM
SENATOR WIELECHOWSKI asked if people who have lost their
driver's license because of a DUI or a dangerous driving
infraction would be able to get back on the road on an e-bike.
MR. RELAY answered that HB 8 regulates electric assisted
bicycles as bicycles. People who have lost their license are
able to ride bicycles so, as written, they would be able to ride
an electric assisted bicycle.
SENATOR WIELECHOWSKI asked if there was evidence that charging
an e-bike in a residential building could create a risk of fire
or explosion.
MR. RELAY answered that the sponsor has not found any instances
of that happening.
SENATOR WIELECHOWSKI asked if e-bikes can be modified to go
faster than allowed under the definition in the bill.
MR. RELAY replied that it would no longer be an e-bike.
4:43:19 PM
CHAIR KAWASAKI asked whether electric assisted bicycles require
a license plate or specialty registration to use on roads.
MR. RELAY responded that SB 95 relating to specialty plates
would not apply specifically to House Bill 8.
4:43:47 PM
SENATOR BJORKMAN asked why electric assisted bicycles can travel
so much faster than a regular bike that does not have electric
assist.
MR. RELY replied that the definition in the bill has been widely
adopted including by about three-quarters of the states, the
federal government, and the Municipality of Anchorage. HB 8
seeks to add Alaska to that list.
SENATOR BJORKMAN asked how far someone typically could travel on
one full battery.
MR. RELAY said he didn't have any personal experience but he
would guess the range would be 50-100 miles. He offered to
follow up with an answer after doing some research.
CHAIR KAWASAKI reported that the land speed record trailing
behind a vehicle was 183 mph and the top speed for a
conventional bike was 88.26 mph. He noted that Senator Claman
shared that his top speed down Thompson Pass was 45 mph.
4:48:32 PM
CHAIR KAWASAKI opened public testimony on SB 95.
4:48:40 PM
ERIC TROYER, board member, Fairbanks Cycle Club (FCC),
Fairbanks, Alaska, stated that FCC supports HB 8 for several
reasons: 1) it adds a definition for e-bikes to the Alaska
Administrative Code; 2) it adds e-bikes to the list of modes of
transportation that do not need to be registered with the
Division of Motor Vehicles (DMV); 3) it separates e-bikes from
motor-driven cycles such as motorcycles and motor scooters; 4)it
has language that defines the three classes of e-bikes; 5) the
national groups League of American bicyclists and People for
Bikes as well as 30 states advocate this language; and 6) it
supports local control by allowing municipalities and state
agencies to add further regulation. E-bikes encourage more
people to cycle and they encourage some people to replace car
trips with cycle trips, which improves health, reduces traffic
congestion, and reduces greenhouse gases that contribute to
climate change. He advocated for further encouraging e-bikes
with a good law like HB 8.
MR. TROYER offered the following perspective on the speed of e-
bikes. His wife, who is over 60, leads a group of fit women
riders and their average pace on road rides is 16 - 18 mph.
4:50:51 PM
SENATOR WIELECHOWSKI asked if there was any concern in the
cycling community about conflict between people using e-bikes on
trails where people and dogs are walking.
MR. TROYER replied that the club discussed the issue and decided
it was better to let local municipalities control any additional
regulations because what fits one municipality might not be
appropriate for another.
4:51:43 PM
DYANI CHAPMAN, State Director, Alaska Environment, Anchorage,
Alaska, stated that this is a statewide nonprofit environmental
organization that supports regulating e-bikes as bicycles. HB 8
allows people to have a better idea of how and where they will
be able to use e-bikes in their community. E-bikes provide a
more efficient transportation choice and make it possible for
more people to cycle whether they're going to work, running
errands, or recreating. E-bikes are an efficient use of energy
and don't contribute to air pollution. She relayed that she's
comfortable sharing space with e-bikes when she's riding her
traditional pedal bicycle. She also pointed out that the bill
gives municipalities the option of further regulating e-bikes if
there are concerns in a particular area. She thanked the
committee for considering HB 8.
4:53:46 PM
JOHN SCHAUER, representing self, Fairbanks, Alaska, stated that
he is 66 years old and in January 2018 he and his wife purchased
Class 1 electric assist bicycles. HB 8 would regulate these as
bicycles just as they're regulated in Canada, most of Europe, 39
other states, and the Municipality of Anchorage. Since he
purchased his bike he's ridden 6,900 miles, mostly on trails in
Alaska and the Yukon. He rides 6-20 miles 4-6 days per week
during most of the year. He typically averages 10-12 mph with
top speeds of 20 mph, which is about the speed he goes with his
Alaskan huskies. He shares trails with dog mushers, conventional
cyclists, skiers, and four-wheelers and has never had a
conflict. He relayed his experience with motorcycles and
motorized bikes and said his e-bike is definitely neither of
those. He rides his e-bike with his sons who are on mountain
bikes. They drop him on the down hills but he catches them on
the uphill. He views each of the four levels of assist as taking
10 years off his age. He can't ride a road bike at 17-18 mph for
40-50 miles any more but his e-bike allows him to get out and
enjoy the trails with all the other trail users and his dog. He
said he hopes the committee supports HB 8.
MR. RELAY thanked the committee for hearing the bill.
4:59:22 PM
CHAIR KAWASAKI closed public testimony HB 8 and held the bill in
committee.
5:00:39 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 5:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| License Plates Division of Motor Vehicles Department of Administration State of Alaska.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| HB8.LM.Municipal Regulation of EBikes (002).pdf |
SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 2023.03.28.HB8.Support.City of Homer.pdf |
SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| SB0095A.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| SB95A Sponsor Statement.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| SB95A Sectional.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| Fiscal note SB 95.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| HB 8 - Version A.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Sponsor Statement - Version A.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Sectional Analysis - Version A.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Support Letter - AOA - 2023.02.02.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Support Letter - JMBA - Updated 2023.02.01.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Fiscal Note - ADM.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Fiscal Note - DPS.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 2023.03.15.HB8.Support.FAST Planning.pdf |
HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 2023.03.20.HB8.Oppose.MarcGruber.pdf |
HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 2023.03.22.HB.Support.FCC.pdf |
HTRA 3/28/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |