Brief ⁽¹⁾

HB 2884 pertains to motorized bicycles and to restricted driver's licenses.

Motorized Bicycle Provisions

A. Electric-Assisted Bicycles. The bill would:

• Repeal the definition of "low power cycle" and replace it with "electric-assisted bicycle";



• Define an electric-assisted bicycle as a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and equipped with an electric motor; and



• Provide that the bicycle's electric motor have a power output of no more than 1,000 watts, be incapable of propelling the device at a speed of more than 20 miles per hour on level ground, and incapable of further increasing the speed of the device when human power alone is used to propel the device beyond 20 miles per hour.

These changes are basically definitional ones in which the current legal provisions relating to low-power cycles are transferred to electric-assisted bicycles.

B. Gas Powered Bicycle--The "Whizzer." The bill would change the current cylinder capacity of a motorized bicycle from not more than 50 cubic centimeters to not more than 130 cubic centimeters.

The change would allow the so-called "Whizzer" bicycles to fall under the legal definition of a motorized bicycle.

C. Motorized Bicycle Driver's License. The bill would allow persons who have had their driving privileges suspended to be issued a motorized bicycle license only.

Restricted Driver's Licenses. HB 2884 also provides that a student issued a restricted driver's license would be able to operate the appropriate vehicle over the most direct and accessible route from the licensee's residence to the licensee's school of enrollment or to school owned or leased property for school activities purposes to allow the licensee to participate in school activities. Participation does not include being merely a spectator at such school activities.

Under current law, a holder of a restricted license is entitled to drive to and from a job, the licensee's school of enrollment, and when accompanied in the vehicle by an adult who holds a valid motor vehicle driver's license. The amendment would add driving to and from school sponsored activities to the list of legal activities allowed for a holder of a restricted driver's license.

Background

Testimony Concerning Motorized Bicycles. Gary Long of Gary's Cycle Shop of Lawrence, Kansas, testified in support of the bill.

The Director of Vehicles indicated that the bill, as introduced, would have required electric-assisted bicycles to be titled and registered. She also noted the these bicycles do not have a vehicle identification number (VIN) and are not issued a title. The Director further noted that because these bicycles do not have a VIN, the Division of Vehicles would have to develop a new document to prove ownership.

No conferees testified against this part of the bill.

Testimony Regarding Restricted Driver's Licenses. Senator Nancey Harrington, sponsor of these provisions, testified that under current law the term "school attendance" means that a student with a restricted driver's license can only drive to school for classes. She also noted that in some cases local law enforcement officials have ticketed students returning from extracurricular activities. Others who testified included the Director of Marketing and Public Affairs of the American Automobile Association of Kansas and the Assistant Director, Public Policy Division, Kansas Farm Bureau.

Both of these conferees asked for clarification of the term "participation" as it related to school activities.

KSA 72-133 defines school activities to include: school activities and contests in the fields of athletics, music, forensics, dramatics, and any other interschool extracurricular activities by students enrolled in any of the grades from 7 to 12 inclusive.

House Amendment. The House Committee amended the bill by removing references to low-power cycles in the law and replacing them with electric-assisted bicycles. The Committee also amended the provisions of HB 2921 into HB 2884. This amendment would allow the Division of Vehicles to issue a motorized bicycle driver's license to a person whose driving privileges have been suspended as noted in the brief. This change is in response to an Attorney General's Opinion, 95-109, which prohibited the issuance of a motorized driver's license to a person whose license was suspended or revoked.

Senate Amendment. The Senate Transportation and Tourism Committee amended SB 369 into HB 2884. SB 369 concerns restricted driver's licenses.

The Senate Committee of the Whole amendment was technical.

An updated fiscal note is pending.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html