Gov. Mike Dunleavy was largely absent throughout the legislative session, including ditching out of Juneau on the last days of the session to attend a bear hunt, other than occasionally dropping in to stoke the fires of the far-right culture wars. That left legislators guessing about critical issues like education funding (which he vetoed) and new revenue (which he teased but never introduced), which appears to extend to e-bikes.
Last week, the governor vetoed Fairbanks Democratic Rep. Ashley Carrick’s House Bill 8. The legislation is essentially the same as has been adopted by most states and for federal parks, clarifying that e-bikes with pedals and under 750 watts of electric power can be treated as bicycles rather than motor vehicles.
The legislation passed the Legislature with a combined vote of 57-2, with several Republicans signed on as co-sponsors. The legislation faced no meaningful pushback throughout the legislative process, including from the Dunleavy administration. Instead, it was almost unanimous support from individuals, groups and local transportation agencies.
In a one-sentence statement to the Legislature, Dunleavy explained, “I vetoed this bill because it creates unnecessary bureaucracy by regulating a recreational activity.”
In a follow-up with the Alaska Beacon, an administration official worried about what would happen to e-bikes with more than 750 watts of power and suggested it was an issue for local governments to decide.
“If people want these types of activities regulated, the governor believes the decision should take place at the local level, where communities can decide for themselves what they permit and prohibit,” said Shannon Mason, a spokesperson for the governor, told the Alaska Beacon about the decision.
The problem, though, is that local governments rely on state law for clarity on this issue, and some have been hesitant to weigh in on the subject while state law treats motorcycles, mopeds and e-bikes the same.
The city of Homer, for example, passed a resolution earlier this year in support of the legislation, noting that state law is silent on e-bikes and that “standardized definitions classifying types of electric bicycles and separating electric bicycles from motor vehicles is necessary for regulating where different modes of transportation are appropriate within municipalities.”
In a statement, Rep. Carrick said she was frustrated that the governor didn’t engage during the legislative process to address the concerns but noted that those concerns don’t match what the bill does.
“During the consideration of this bill, we received no opposition from the administration and would have preferred that a dialogue had taken place prior to taking this action. The governor’s reasoning for vetoing is also inconsistent with what the bill actually does,” she said. “By defining e-bikes in statute using the industry standard definition already adopted in 39 states, this bill moves forward with current technology and clears up a current legal gray area around what electric bicycles are.”
The Legislature can override the governor’s veto with a 2/3 vote of the entire Legislature, a 40-vote threshold that would be easy to overcome if the votes remain the same as they did on the underlying legislation. The threshold for non-budget bills is lower than budget vetoes, which calls for a three-quarter majority. However, getting to a veto override would require both chambers of the Legislature to agree to hold an override session. That isn’t guaranteed with the Republican-led House, which has also opposed calling a special session to attempt to override the governor’s education funding vetoes.
Interestingly, those education funding vetoes may have been part of the calculus behind the governor’s veto of Carrick’s legislation. Fellow Fairbanks Democratic legislator, Sen. Scott Kawasaki, suggested just that to the Alaska Beacon, noting that Carrick has been a strong critic of the governor’s education funding vetoes and has called for an override.
“I can say there’s been chatter about the governor being hard on particular legislators,” Kawasaki said. “I just think the governor’s been a little petty with some of the obvious politics around good bills.”
During the budget vetoes, Dunleavy notably vetoed several earmarked projects in districts of Republican legislators who voted against the budget.
Carrick declined to weigh in on whether she thought the veto was retaliatory, saying she hoped that legislation is considered on its own merits.
When asked by the Beacon whether the veto was retaliatory, Mason said, “No, the veto is not retaliation.”
Matt Acuña Buxton is a long-time political reporter who has written for the Fairbanks Daily News-Miner and The Midnight Sun political blog. He also authors the daily politics newsletter, The Alaska Memo, and can frequently be found live-tweeting public meetings on Twitter.
