CSHB 8(TRA): "An Act relating to electric-assisted bicycles; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 8(TRA) 01 "An Act relating to electric-assisted bicycles; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.05.255(a) is amended to read: 04 (a) The Board of Game may adopt regulations it considers advisable in 05 accordance with AS 44.62 (Administrative Procedure Act) for 06 (1) setting apart game reserve areas, refuges, and sanctuaries in the 07 water or on the land of the state over which it has jurisdiction, subject to the approval 08 of the legislature; 09 (2) establishing open and closed seasons and areas for the taking of 10 game; 11 (3) establishing the means and methods employed in the pursuit, 12 capture, taking, and transport of game, including regulations, consistent with resource 13 conservation and development goals, establishing means and methods that may be 14 employed by persons with physical disabilities; the regulations must provide that an 15 area that is closed to the use of motorized vehicles for hunting is also closed to the
01 use of electric-assisted bicycles for hunting, except for use by residents holding a 02 valid permanent identification card issued under AS 16.05.400(b) or who are 03 disabled veterans; in this paragraph, "disabled veteran" means a person 04 described under AS 16.05.341(1) or (2); 05 (4) setting quotas, bag limits, harvest levels, and sex, age, and size 06 limitations on the taking of game; 07 (5) classifying game as game birds, song birds, big game animals, fur 08 bearing animals, predators, or other categories; 09 (6) methods, means, and harvest levels necessary to control predation 10 and competition among game in the state; 11 (7) watershed and habitat improvement, and management, 12 conservation, protection, use, disposal, propagation, and stocking of game; 13 (8) prohibiting the live capture, possession, transport, or release of 14 native or exotic game or their eggs; 15 (9) establishing the times and dates during which the issuance of game 16 licenses, permits, and registrations and the transfer of permits and registrations 17 between registration areas and game management units or subunits is allowed; 18 (10) regulating sport hunting and subsistence hunting as needed for the 19 conservation, development, and utilization of game; 20 (11) taking game to ensure public safety; 21 (12) regulating the activities of persons licensed to control nuisance 22 wild birds and nuisance wild small mammals; 23 (13) promoting hunting and trapping and preserving the heritage of 24 hunting and trapping in the state. 25 * Sec. 2. AS 19.10.399(9) is amended to read: 26 (9) "motor vehicle" means a vehicle that is self-propelled, except for a 27 vehicle moved by human or animal power; "motor vehicle" does not include an 28 electric-assisted bicycle as defined in AS 28.90.990(a); 29 * Sec. 3. AS 19.10.399(16) is amended to read: 30 (16) "vehicular way or area" means a way, path, or area, other than a 31 highway or private property, that is designated by official traffic control devices or
01 customary usage and that is open to the public for purposes of pedestrian or vehicular 02 travel, and which way or area may be restricted in use to pedestrians, bicycles, or other 03 specific types of vehicles as determined by the Department of Public Safety or other 04 agency having jurisdiction over the way, path, or area; in this paragraph, "bicycle" 05 has the meaning given in AS 28.90.990(a). 06 * Sec. 4. AS 28.05.011(a) is amended to read: 07 (a) The commissioner of public safety shall, unless otherwise provided by 08 statute, adopt regulations in compliance with AS 44.62 (Administrative Procedure 09 Act) necessary to carry out the provisions of this title and other statutes whose 10 administration is vested in the Department of Public Safety. The regulations must 11 include 12 (1) rules of the road relating to the driving, stopping, standing, parking, 13 and other conduct of vehicles, to pedestrians, and to official traffic control devices; 14 regulations adopted under this paragraph may not prohibit the use of an electric 15 personal motor vehicle or an electric-assisted bicycle on a sidewalk, bike path, or 16 vehicular way or area restricted to the use of pedestrians; limitations on regulation of 17 electric personal motor vehicles or electric-assisted bicycles imposed under this 18 paragraph do not apply to a municipal ordinance regulating electric personal motor 19 vehicles, electric-assisted bicycles, or specific classes of electric-assisted bicycles, 20 enacted to meet local requirements; unless otherwise specified by regulation, 21 (A) an electric-assisted bicycle is considered a bicycle and 22 may not be regulated as another type of vehicle; and 23 (B) a user of an electric-assisted bicycle shall be afforded 24 the same rights and be subject to the same duties as a user of a bicycle; 25 (2) minimum equipment for vehicles, including minimum standards of 26 compliance to be met by manufacturers and vehicle sales and repairs businesses; 27 (3) inspection of vehicles other than commercial motor vehicles, and 28 the removal of vehicles from areas of public use when they are found to be in a 29 defective or unsafe condition; 30 (4) abandonment of vehicles; 31 (5) management of records of the Department of Public Safety
01 required for that department's administration of this title and its regulations adopted 02 under this title, including provisions for ensuring the accuracy of information 03 contained in automated and manual information retrieval systems; 04 (6) definitions of words and phrases used in this title and in regulations 05 adopted under this title unless otherwise provided by statute; 06 (7) certification and regulation of junk yards. 07 * Sec. 5. AS 28.10.011 is amended to read: 08 Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven, 09 moved, or parked on [UPON] a highway or other public parking place in the state 10 shall be registered under this chapter except when the vehicle is 11 (1) driven or moved on a highway only for the purpose of crossing the 12 highway from one private property to another, including an implement of husbandry 13 as defined by regulation; 14 (2) driven or moved on a highway under a dealer's plate or temporary 15 permit as provided for in AS 28.10.031 and 28.10.181(j); 16 (3) special mobile equipment as defined by regulation; 17 (4) owned by the United States; 18 (5) moved by human or animal power; 19 (6) exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil 20 Relief Act); 21 (7) driven or parked only on private property; 22 (8) the vehicle of a nonresident as provided under AS 28.10.121; 23 (9) transported under a special permit under AS 28.10.151; 24 (10) being driven or moved on a highway, vehicular way, or a public 25 parking place in the state that is not connected by a land highway or vehicular way to 26 (A) the land-connected state highway system; or 27 (B) a highway or vehicular way with an average daily traffic 28 volume greater than 499; 29 (11) an implement of husbandry operated in accordance with the 30 provisions of AS 19.10.065; 31 (12) an electric personal motor vehicle;
01 (13) an electric-assisted bicycle. 02 * Sec. 6. AS 28.90.990(a)(12) is amended to read: 03 (12) "electric personal motor vehicle" means an electric personal 04 assistive mobility device that is a self-balancing vehicle with two nontandem wheels, 05 designed to transport only one person, has an electric propulsion system, and has a 06 maximum speed of not more than 15 miles an hour; "electric personal motor 07 vehicle" does not include an electric-assisted bicycle; 08 * Sec. 7. AS 28.90.990(a)(18) is amended to read: 09 (18) "motor vehicle" means a vehicle that [WHICH] is self-propelled, 10 except for a vehicle moved by human or animal power; "motor vehicle" does not 11 include an electric-assisted bicycle; 12 * Sec. 8. AS 28.90.990(a)(19) is amended to read: 13 (19) "motorcycle" means a vehicle having a seat or saddle for the use 14 of the rider and designed to travel on not more than three wheels in contact with the 15 ground; "motorcycle" [THE TERM] does not include a tractor or an electric- 16 assisted bicycle; 17 * Sec. 9. AS 28.90.990(a)(20) is amended to read: 18 (20) "motor-driven cycle" means a motorcycle, motor scooter, 19 motorized bicycle, or similar conveyance with a motor attached and having an engine 20 with 50 or less cubic centimeters of displacement; "motor-driven cycle" does not 21 include an electric-assisted bicycle; 22 * Sec. 10. AS 28.90.990(a) is amended by adding new paragraphs to read: 23 (33) "bicycle" includes an electric-assisted bicycle; 24 (34) "class 1 electric-assisted bicycle" means a bicycle equipped with 25 an electric motor that provides assistance only when the rider is pedaling and that 26 stops providing assistance when the bicycle reaches the speed of 20 miles per hour; 27 (35) "class 2 electric-assisted bicycle" means a bicycle equipped with 28 an electric motor that may be used exclusively to propel the bicycle and that stops 29 providing assistance when the bicycle reaches the speed of 20 miles per hour; 30 (36) "class 3 electric-assisted bicycle" means a bicycle equipped with 31 an electric motor that provides assistance only when the rider is pedaling and that
01 stops providing assistance when the bicycle reaches the speed of 28 miles per hour; 02 (37) "electric-assisted bicycle" means a bicycle that 03 (A) is designed to travel with not more than three wheels in 04 contact with the ground; 05 (B) has fully operative pedals for human propulsion; 06 (C) has a seat or saddle for use of the rider; 07 (D) is equipped with an electric motor that has a power output 08 of not more than 750 watts; and 09 (E) is a class 1, class 2, or class 3 electric-assisted bicycle. 10 * Sec. 11. AS 41.23 is amended by adding a new section to article 1 to read: 11 Sec. 41.23.300. Definitions. In AS 41.23.010 - 41.23.300, 12 (1) "bicycling" includes the operation of an electric-assisted bicycle; 13 (2) "electric-assisted bicycle" has the meaning given in 14 AS 28.90.990(a). 15 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).