Hawaii 2023 Regular Session

Hawaii Senate Bill SB267 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 267 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to low-speed electric bicycles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 267
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	267
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to low-speed electric bicycles.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 249-1, Hawaii Revised Statutes, is amended by amending the definition of "moped" to read: ""Moped" means a device upon which a person may ride that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the device, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system, [which] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include [an] electric foot [scooter.] scooters or low-speed electric bicycles, as defined under title 15 United States Code section 2085." SECTION 2. Section 286-2, Hawaii Revised Statutes, is amended as follows: 1. By amending the definition of "moped" to read: ""Moped" means a device upon which a person may ride that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system, [which] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include [an] electric foot [scooter.] scooters or low-speed electric bicycles, as defined under title 15 United States Code section 2085." 2. By deleting the definition of "bicycle": [""Bicycle" means: (1) A device propelled solely by human power upon which any person may ride, having two tandem wheels sixteen inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels; or (2) A low-speed electric bicycle, as defined under title 15 United States Code section 2085."] SECTION 3. Section 291-21.3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: "Motorized bicycle" does not include low-speed electric bicycles, as defined under title 15 United States Code section 2085." SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended as follows: 1. By adding a new definition to be appropriately inserted and to read: ""Low-speed electric bicycle" shall have the same meaning as in title 15 United States Code section 2085." 2. By amending the definition of "bicycle" to read: ""Bicycle" means: (1) A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or (2) A low-speed electric bicycle[, as defined under title 15 United States Code section 2085]." 3. By amending the definition of "moped" to read: ""Moped" means a device upon which a person may ride that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the device unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system, [which] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include [an] electric foot [scooter.] scooters or low-speed electric bicycles." SECTION 5. Section 291C-141, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) [These] Except as otherwise provided in section 291C‑143.5, these regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any bicycle path set aside for the preferential or exclusive use of bicycles subject to those exceptions stated herein." SECTION 6. Section 291C-143, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) [No] Except as otherwise provided in section 291C‑143.5, no bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped." SECTION 7. Section 291C-143.5, Hawaii Revised Statutes, is amended to read as follows: "[[]§291C-143.5[]] Low-speed electric bicycles[; operator age]. (a) This section shall apply whenever a low-speed electric bicycle is operated upon any highway, street, roadway, or other designated public area set aside for the use of low‑speed electric bicycles. (b) The counties by ordinance shall regulate operations of low-speed electric bicycles with regard to, but not limited to, the following: (1) Operations in or upon roadways, bikeways, bicycle paths, and sidewalks; (2) Storage and docking locations; (3) Restrictions on maximum speed; (4) Safety considerations; and (5) Insurance requirements; provided that no ordinance adopted in accordance with this subsection shall be less restrictive than the requirements set forth in this part. (c) No person under the age of fifteen shall operate a low-speed electric bicycle [as defined under title 15 United States Code section 2085.] on a highway, street, roadway, or any other public property in the State. (d) No person shall operate a low-speed electric bicycle that is carrying any other person. (e) No person other than the operator shall ride upon a low-speed electric bicycle. (f) Any low-speed electric bicycle used from thirty minutes after sunset until thirty minutes before sunrise shall meet the specifications of, and requirements for, lamps and other equipment on bicycles as set forth in section 291C-147. (g) No person shall operate a low-speed electric bicycle: (1) At a speed other than is reasonable and prudent; provided that no person shall operate a low-speed electric bicycle at a speed greater than fifteen miles per hour; and (2) Without having regard to the actual and potential hazards and conditions then existing. (h) Any person who operates a low-speed electric bicycle recklessly in disregard for the safety of persons or property shall be assessed penalties as set forth in section 291C-161(b). (i) In addition to any requirements provided under section 291C-150(b), each entity that provides low-speed electric bicycles for hire shall provide to each renter or lessee a copy of the low-speed electric bicycle ordinances or rules that have been adopted by the applicable county. (j) Low-speed electric bicycles shall only be stored or docked at specific locations that shall be authorized by the counties." SECTION 8. Section 291C-147, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Every bicycle, except low-speed electric bicycled, shall be equipped with a red reflector at least four square inches in size [which] that shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. Every low-speed electric bicycle shall be equipped with a lighted lamp that is visible from the read." SECTION 9. Section 291C-148, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows: "(b) [Unless] Except as otherwise provided in section 291C-143.5 or otherwise prohibited[,] by law, rule, or ordinance, a bicycle may be driven at a speed of ten miles per hour or less on a sidewalk or sidewalk area; provided that the driver of the bicycle shall yield the right-of-way to any pedestrian and that bicycle riding shall be prohibited on sidewalks in business districts. (c) This section shall not be construed as preempting the director of transportation's or counties' authority to control parking on sidewalks under [section] sections 291C-114[.] and 291C-143.5. Nor shall this section be construed as prohibiting the director or a county from authorizing parking on sidewalks when the authorization is promulgated in accordance with [section] sections 291C-114[.] or 291C-143.5." SECTION 10. Section 707-700, Hawaii Revised Statutes, is amended by amending the definition of "vulnerable user" to read as follows: ""Vulnerable user" means: (1) A pedestrian legally within a street or public highway; (2) A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to: (a) Construction and maintenance workers; and (b) Police, fire, and other emergency responders; or (3) A person legally operating any of the following within the street or public highway: (a) A bicycle; (b) A moped; (c) An electric foot scooter; (d) An electric personal assistive mobility device; [or] (e) A wheelchair conveyance or other personal mobility device[.]; or (f) A low-speed electric bicycle, as defined under title 15 United States Code section 2085." SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 13. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 249-1, Hawaii Revised Statutes, is amended by amending the definition of "moped" to read:
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51	51	""Moped" means a device upon which a person may ride that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the device, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system, [which] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include [an] electric foot [scooter.] scooters or low-speed electric bicycles, as defined under title 15 United States Code section 2085."
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53	53	SECTION 2. Section 286-2, Hawaii Revised Statutes, is amended as follows:
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55	55	1. By amending the definition of "moped" to read:
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57	57	""Moped" means a device upon which a person may ride that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system, [which] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include [an] electric foot [scooter.] scooters or low-speed electric bicycles, as defined under title 15 United States Code section 2085."
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59	59	2. By deleting the definition of "bicycle":
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61	61	[""Bicycle" means:
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63	63	(1) A device propelled solely by human power upon which any person may ride, having two tandem wheels sixteen inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels; or
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65	65	(2) A low-speed electric bicycle, as defined under title 15 United States Code section 2085."]
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67	67	SECTION 3. Section 291-21.3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
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69	69	"Motorized bicycle" does not include low-speed electric bicycles, as defined under title 15 United States Code section 2085."
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71	71	SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended as follows:
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73	73	1. By adding a new definition to be appropriately inserted and to read:
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75	75	""Low-speed electric bicycle" shall have the same meaning as in title 15 United States Code section 2085."
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77	77	2. By amending the definition of "bicycle" to read:
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79	79	""Bicycle" means:
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81	81	(1) A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or
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83	83	(2) A low-speed electric bicycle[, as defined under title 15 United States Code section 2085]."
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85	85	3. By amending the definition of "moped" to read:
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87	87	""Moped" means a device upon which a person may ride that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the device unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system, [which] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include [an] electric foot [scooter.] scooters or low-speed electric bicycles."
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89	89	SECTION 5. Section 291C-141, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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91	91	"(c) [These] Except as otherwise provided in section 291C‑143.5, these regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any bicycle path set aside for the preferential or exclusive use of bicycles subject to those exceptions stated herein."
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93	93	SECTION 6. Section 291C-143, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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95	95	"(b) [No] Except as otherwise provided in section 291C‑143.5, no bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped."
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97	97	SECTION 7. Section 291C-143.5, Hawaii Revised Statutes, is amended to read as follows:
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99	99	"[[]§291C-143.5[]] Low-speed electric bicycles[; operator age]. (a) This section shall apply whenever a low-speed electric bicycle is operated upon any highway, street, roadway, or other designated public area set aside for the use of low‑speed electric bicycles.
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101	101	(b) The counties by ordinance shall regulate operations of low-speed electric bicycles with regard to, but not limited to, the following:
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103	103	(1) Operations in or upon roadways, bikeways, bicycle paths, and sidewalks;
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105	105	(2) Storage and docking locations;
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107	107	(3) Restrictions on maximum speed;
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109	109	(4) Safety considerations; and
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111	111	(5) Insurance requirements;
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113	113	provided that no ordinance adopted in accordance with this subsection shall be less restrictive than the requirements set forth in this part.
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115	115	(c) No person under the age of fifteen shall operate a low-speed electric bicycle [as defined under title 15 United States Code section 2085.] on a highway, street, roadway, or any other public property in the State.
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117	117	(d) No person shall operate a low-speed electric bicycle that is carrying any other person.
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119	119	(e) No person other than the operator shall ride upon a low-speed electric bicycle.
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121	121	(f) Any low-speed electric bicycle used from thirty minutes after sunset until thirty minutes before sunrise shall meet the specifications of, and requirements for, lamps and other equipment on bicycles as set forth in section 291C-147.
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123	123	(g) No person shall operate a low-speed electric bicycle:
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125	125	(1) At a speed other than is reasonable and prudent; provided that no person shall operate a low-speed electric bicycle at a speed greater than fifteen miles per hour; and
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127	127	(2) Without having regard to the actual and potential hazards and conditions then existing.
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129	129	(h) Any person who operates a low-speed electric bicycle recklessly in disregard for the safety of persons or property shall be assessed penalties as set forth in section 291C-161(b).
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131	131	(i) In addition to any requirements provided under section 291C-150(b), each entity that provides low-speed electric bicycles for hire shall provide to each renter or lessee a copy of the low-speed electric bicycle ordinances or rules that have been adopted by the applicable county.
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133	133	(j) Low-speed electric bicycles shall only be stored or docked at specific locations that shall be authorized by the counties."
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135	135	SECTION 8. Section 291C-147, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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137	137	"(b) Every bicycle, except low-speed electric bicycled, shall be equipped with a red reflector at least four square inches in size [which] that shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. Every low-speed electric bicycle shall be equipped with a lighted lamp that is visible from the read."
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139	139	SECTION 9. Section 291C-148, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
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141	141	"(b) [Unless] Except as otherwise provided in section 291C-143.5 or otherwise prohibited[,] by law, rule, or ordinance, a bicycle may be driven at a speed of ten miles per hour or less on a sidewalk or sidewalk area; provided that the driver of the bicycle shall yield the right-of-way to any pedestrian and that bicycle riding shall be prohibited on sidewalks in business districts.
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143	143	(c) This section shall not be construed as preempting the director of transportation's or counties' authority to control parking on sidewalks under [section] sections 291C-114[.] and 291C-143.5. Nor shall this section be construed as prohibiting the director or a county from authorizing parking on sidewalks when the authorization is promulgated in accordance with [section] sections 291C-114[.] or 291C-143.5."
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145	145	SECTION 10. Section 707-700, Hawaii Revised Statutes, is amended by amending the definition of "vulnerable user" to read as follows:
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147	147	""Vulnerable user" means:
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149	149	(1) A pedestrian legally within a street or public highway;
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151	151	(2) A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to:
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153	153	(a) Construction and maintenance workers; and
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155	155	(b) Police, fire, and other emergency responders; or
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157	157	(3) A person legally operating any of the following within the street or public highway:
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159	159	(a) A bicycle;
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161	161	(b) A moped;
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163	163	(c) An electric foot scooter;
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165	165	(d) An electric personal assistive mobility device; [or]
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167	167	(e) A wheelchair conveyance or other personal mobility device[.]; or
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169	169	(f) A low-speed electric bicycle, as defined under title 15 United States Code section 2085."
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171	171	SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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173	173	SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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175	175	SECTION 13. This Act shall take effect upon its approval.
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179	179	INTRODUCED BY: _____________________________
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181	181	INTRODUCED BY:
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183	183	_____________________________
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189	189	Report Title: Transportation; Low-Speed Electric Bicycles; Regulations Description: Amends various definitions of "moped" throughout the Hawaii Revised Statutes to exclude low-speed electric bicycles. Deletes an unused term from Chapter 286, Hawaii Revised Statutes. Establishes regulations for low-speed electric bicycles and clarifies the applicability of certain conflicting regulations that are applicable to all bicycles. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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195	195	Report Title:
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197	197	Transportation; Low-Speed Electric Bicycles; Regulations
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201	201	Description:
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203	203	Amends various definitions of "moped" throughout the Hawaii Revised Statutes to exclude low-speed electric bicycles. Deletes an unused term from Chapter 286, Hawaii Revised Statutes. Establishes regulations for low-speed electric bicycles and clarifies the applicability of certain conflicting regulations that are applicable to all bicycles.
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211	211	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.