CORRECTED
SESSION OF 2022
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 101
As Amended by House Committee of the Whole

Brief*
House Sub. for SB 101, as amended, would amend the
definition of and regulate the operations of electric-assisted
bicycles (e-bikes).

Definitions and E-bike Specifications
“Electric-assisted bicycle” would continue to mean a
bicycle with two or three wheels, a saddle, fully operative
pedals for human propulsion, and an electric motor. The bill
would remove the current specifications of the motor (no
more than 1,000 watts, incapable of propelling the device at
more than 20 miles per hour [mph] on level ground, and
incapable of increasing the speed further above 20 mph when
human power alone is used to propel the device) and specify
the electric motor be less than 750 watts and meet the
requirements of one of three classes:
● A class 1 e-bike would be one equipped with a
motor that provides assistance only when the rider
is pedaling and ceases to provide assistance when
the bicycle reaches the speed of 20 mph;
● A class 2 e-bike would be one equipped with a
motor that may be used exclusively to propel the
bicycle and is not capable of providing assistance
when the bicycle reaches 20 mph; or
____________________
*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.kslegislature.org
 ● A class 3 e-bike would be one equipped with a
motor that provides assistance only when the rider
is pedaling and ceases to provide assistance when
the bicycle reaches 28 mph.
The bill would amend definitions in other statutes to
exclude e-bikes:
● In vehicle registration statutes and the Uniform Act
Regulating Traffic on Highways, from the definitions
of “all-terrain vehicle,” “electric-assisted scooter,”
“motor vehicle,” “motorcycle,” and “motorized
bicycle”; the bill also would specifically state an
e-bike is not considered a motor vehicle;
● In the Vehicle Dealers and Manufacturers
Licensing Act, from the definitions of “vehicle” and
“motor vehicle”; and
● In the wildlife and parks laws, from the definition of
“motor vehicle.”
The bill would require, on and after January 1, 2023,
manufacturers and distributors of e-bikes to apply a
permanently affixed label to a prominent location on each e-
bike containing the classification number, top assisted speed,
and motor wattage in Arial font in at least nine-point type. The
bill would prohibit tampering with or modifying an e-bike in a
way that changes the motor-powered speed capability or
engagement of an e-bike, unless the label indicating the
classification is replaced after modification.
The bill would require an e-bike to comply with the
equipment and manufacturing requirements of the U.S.
Consumer Product Safety Commission in 16 CFR Part 1512.


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Operating an E-bike
The bill would state an e-bike or its rider shall be
afforded all the rights and privileges, and be subject to the
responsibilities, of a bicycle or its rider, and an e-bike would
be a vehicle to the same extent as is a bicycle.
The bill would add an e-bike to the list of types of
vehicles that need not be registered. The bill would state
vehicle liability insurance, a driver’s license, a certificate of
title, and a license plate also would not be required.
The bill would state an e-bike may be ridden where
bicycles are allowed, including, but not limited to, streets,
highways, roadways, bicycle lanes, bicycle or multi-use
paths, and trails or trail networks.
The bill would state its provisions would not restrict a
city, through adopting an ordinance, from governing the
operation of e-bikes on streets, highways, and sidewalks
under its jurisdiction. Similarly, the bill would state its
provisions would not prevent a municipality, county, or agency
of the State having jurisdiction over a bicycle or multi-use
path, trail, or trail network from restricting or prohibiting the
operation of an e-bike or a specific class of e-bike on those
paths and trails. The bill would authorize a local authority or
state agency with jurisdiction over a trail to regulate the use of
an e-bike on such trail, including a trail specifically
designated as nonmotorized with a natural surface tread
made by clearing and grading the native soil with no added
surfacing materials.
The bill would prohibit operation of a class 3 e-bike by a
person younger than 16 but would state a person younger
than 16 could ride as a passenger if the e-bike is designed to
accommodate passengers.


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Background
The bill was introduced by the Senate Committee on
Transportation at the request of a representative of
PeopleForBikes.

Senate Committee on Transportation
In the Senate Committee hearing in 2021, proponent
testimony was provided by representatives of
PeopleForBikes, which they described as a trade association
of nearly 300 bicycle manufacturers, distributors, and
retailers. They stated the bill is part of a national effort to
create uniform state laws on the use of e-bikes, the fastest
growing segment of the bicycle market, and similar provisions
have been enacted by 28 states and are pending in 16. They
stated having three classes of e-bikes would help make clear
where e-bikes with certain characteristics may be ridden or
are prohibited.
A representative of the League of Kansas Municipalities
(LKM) presented opponent testimony, specifically opposing
the limits on local control proposed by the bill. The
Superintendent of Parks and Golf Courses, Johnson County
Park and Recreation District, provided opponent testimony
citing concerns with home rule and specifically regarding
allowing class 2 e-bikes on multi-use trails.
The City of Overland Park and representatives of the
City of Shawnee provided written-only neutral testimony
expressing concerns that the bill would limit city home-rule
authority to regulate the types of e-bikes on their parks and
recreation paths and trails and, specifically, operations of
class 2 e-bikes on multi-use trails.
[Note: The memorandum “Kansas Laws Applicable to
Bicycle and E-Scooter Operation” on the Kansas Legislative
Research Department website summarizes current law on
bicycle operations and equipment.]
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 The Senate Committee amended the bill to replace
provisions specifying a process for a local authority or state
agency to use to prohibit e-bike operation on bicycle or multi-
use paths, and authorizing a local authority or state agency to
prohibit class 3 e-bikes, with the provisions described above
regarding the authority of local units of government and state
agencies to regulate where e-bikes can be operated.

House Committee on Transportation
In the House Committee hearing in 2022, a
representative of PeopleForBikes provided proponent
testimony, and a second representative of PeopleForBikes
provided written-only proponent testimony. According to
testimony, 36 states have passed similar legislation, and the
bill would provide uniformity in regulation.
A representative of LKM provided neutral testimony and
expressed gratitude for the 2021 amendments to the bill. The
representative noted other states have made additional rules
for class 3 e-bikes and encouraged review of how
class 3 e-bikes should be treated under laws regarding
driving under the influence.
A private citizen provided opponent testimony,
expressing concerns about the potential lack of uniformity
among adjoining Kansas municipalities and measuring watts
for this purpose, and suggesting the definition of an e-bike be
expanded to include e-bikes of up to 2,000 watts or use of a
weight limit for an e-bike.
The House Committee recommended a substitute bill, at
the suggestion of the Revisor, to incorporate amendments to
KSA 8-126 and KSA 8-1402a enacted in 2021.


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House Committee of the Whole
The House Committee of the Whole amended the bill to
remove:
● A requirement for an e-bike to operate so that the
electric motor is disengaged or ceases to function
when the rider stops pedaling or when the brakes
are applied; and
● A requirement for a class 3 e-bike to be equipped
with a speedometer that displays the vehicle’s
speed in miles per hour.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced in 2021, the Department
of Revenue and the Department of Transportation state
enactment of the bill would have no fiscal effects on their
agencies.
E-bike; electric-assisted bicycle; bicycle


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Statutes affected:
As introduced: 8-126, 8-128, 8-1402a, 8-1437, 8-1438, 8-1439a, 8-1489, 8-1498, 8-1592b, 8-2401, 8-196, 32-701
As Amended by Senate Committee: 8-126, 8-128, 8-1402a, 8-1437, 8-1438, 8-1439a, 8-1489, 8-1498, 8-1592b, 8-2401, 8-196, 32-701
H Sub for: 8-126, 8-128, 8-1402a, 8-1437, 8-1438, 8-1439a, 8-1489, 8-1498, 8-1592b, 8-2401, 8-196, 32-701
{As Amended by House Committee of the Whole}: 8-126, 8-128, 8-1402a, 8-1437, 8-1438, 8-1439a, 8-1489, 8-1498, 8-1592b, 8-2401, 8-196, 32-701
Enrolled: 8-126, 8-128, 8-1402a, 8-1438, 8-2401, 8-1437, 8-1439a, 8-1489, 8-1498, 8-1592b, 8-196, 32-701