05/10/2019 01:00 PM House JUDICIARY

               HB 123-ELECTRIC-ASSISTED BICYCLES                                                                            
                                                                                                                                
1:25:21 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE  BILL  NO.  123,  "An  Act  relating  to  electric-assisted                                                               
bicycles."   He  announced that  his office  did not  receive any                                                               
proposed amendments to HB 123.                                                                                                  
                                                                                                                                
1:25:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN relayed  that there  were some  questions                                                               
left unanswered  at the previous  bill hearing.  After  a request                                                               
for  further  clarification,  he  noted that  the  committee  was                                                               
hoping to hear  from a representative from the  Department of Law                                                               
(DOL)  to speak  to how  police officers  are supposed  to handle                                                               
situations involving electric-assisted bicycles.                                                                                
                                                                                                                                
CHAIR CLAMAN  thanked him  for that reminder.   He  observed that                                                               
Kevin Higgins from DOL is available for questions.                                                                              
                                                                                                                                
1:26:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN referenced  an  anecdote  offered at  the                                                               
previous   hearing  in   which  one   of  Representative   Wool's                                                               
constituents  was pulled  over  for  riding an  electric-assisted                                                               
bicycle  and  told  he  could  not ride  it  without  a  driver's                                                               
license.   Representative Eastman explained that  knowing whether                                                               
the  conduct  was appropriate  or  not  will help  the  committee                                                               
decide how to act on HB 123.                                                                                                    
                                                                                                                                
1:27:24 PM                                                                                                                    
                                                                                                                                
KEVIN HIGGINS, Assistant Attorney  General, Labor & State Affairs                                                               
Section, Civil  Division, Department of  Law, said the  answer he                                                               
gave at  the previous  hearing still stands,  that whether  it is                                                               
appropriate   for  law   enforcement  to   stop  or   conduct  an                                                               
investigative  detention  of any  individual  is  a highly  fact-                                                               
specific determination.   He stated that, from what  he heard, he                                                               
does  not have  the facts  necessary to  offer an  opinion as  to                                                               
whether the law enforcement encounter was lawful.                                                                               
                                                                                                                                
1:28:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether "the  department"  has  a                                                               
position on HB 123.                                                                                                             
                                                                                                                                
MR. HIGGINS asked him to clarify  if he means DOL or the Division                                                               
of Motor  Vehicles (DMV) under  the Department  of Administration                                                               
(DOA).                                                                                                                          
                                                                                                                                
REPRESENTATIVE EASTMAN  said if  it were not  the same  answer in                                                               
both cases, he would be curious to know how they differ.                                                                        
                                                                                                                                
CHAIR CLAMAN observed that he  wants to know the administration's                                                               
perspective,   as  the   administration  supervises   both  those                                                               
departments.                                                                                                                    
                                                                                                                                
MR. HIGGINS said DOL does not  have any sort of official position                                                               
on HB 123.  He deferred to  Director Marla Thompson of the DMV as                                                               
to whether the DMV has a position.                                                                                              
                                                                                                                                
1:29:26 PM                                                                                                                    
                                                                                                                                
MARLA THOMPSON, Director, Division  of Motor Vehicles, Department                                                               
of  Administration,  answered  that  the  DMV  does  not  take  a                                                               
position on HB 123.                                                                                                             
                                                                                                                                
1:30:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  said  the  bill  clearly  defines  what  an                                                               
electric bicycle  is and how  large its motor  can be.   He added                                                               
that the bill  would treat an electric bicycle,  as defined, like                                                               
a bicycle and not like a  motorized vehicle.  He noted that other                                                               
states   have  passed   similar   legislation.     He  said   the                                                               
municipalities would  be welcome  to impose more  restrictions if                                                               
they  choose.   He spoke  to the  rising popularity  of electric-                                                               
assist bicycles  and how  they are currently  used.   He restated                                                               
his intention of defining what is and what is not an electric-                                                                  
assist bicycle in Alaska statute.                                                                                               
                                                                                                                                
1:31:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  moved to  report HB  123 out  of committee                                                               
with  individual  recommendations   and  attached  fiscal  notes.                                                               
There being  no objection, HB 123  was reported out of  the House                                                               
Judiciary Standing Committee.