S.F. 2205 Section 1. Section 308A.1, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. The department of natural resources, in consultation 3 with the state transportation commission, is hereby authorized 4 to establish recreational bikeways within this state for the 5 use, enjoyment, and participation of the public in nonmotorized 6 bicycling , not including the use of motorized bicycles as 7 defined in section 321.1 . The routes established for such 8 bikeways shall be designed to maximize the safety of cyclists 9 and motorists and may utilize secondary roads when the normal 10 flow of motor vehicle traffic will not be hindered, as well 11 as other infrequently traveled roads, streets, parkways, and 12 appropriate thoroughfares. Such bikeways shall be routed, 13 wherever possible, to allow the enjoyment of scenic views and 14 points of historical interest, and may connect state parks and 15 other recreational areas throughout the state. 16 Sec. 2. Section 321.1, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 036A. “Low-speed electric bicycle” means a 19 device having two or three wheels equipped with fully operable 20 pedals and an electric motor of less than seven hundred fifty 21 watts that meets the requirements of one of the following 22 classes: 23 a. “Class 1 low-speed electric bicycle” means a low-speed 24 electric bicycle equipped with a motor that may be used to 25 provide assistance only when the rider is pedaling and that 26 ceases to provide assistance when the bicycle reaches a speed 27 of twenty miles per hour or more. 28 b. “Class 2 low-speed electric bicycle” means a low-speed 29 electric bicycle equipped with a motor that may be used 30 exclusively to propel the bicycle and that is not capable of 31 providing assistance when the bicycle reaches a speed of twenty 32 miles per hour or more. 33 c. “Class 3 low-speed electric bicycle” means a low-speed 34 electric bicycle equipped with a motor that may be used to 35 -1- LSB 6304XS (6) 88 mo/ns 1/ 6

S.F. 2205 provide assistance only when the rider is pedaling and that 1 ceases to provide assistance when the bicycle reaches a speed 2 of twenty-eight miles per hour or more. 3 Sec. 3. Section 321.1, subsection 40, paragraph c, Code 4 2020, is amended to read as follows: 5 c. “Bicycle” means either of the following: 6 (1) A device having two wheels and having at least one 7 saddle or seat for the use of a rider which is propelled by 8 human power. 9 (2) A device having two or three wheels with fully operable 10 pedals and an electric motor of less than seven hundred fifty 11 watts (one horsepower), whose maximum speed on a paved level 12 surface, when powered solely by such a motor while ridden, is 13 less than twenty miles per hour A low-speed electric bicycle . 14 Sec. 4. Section 321.1, subsection 90, Code 2020, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . e. A low-speed electric bicycle. 17 Sec. 5. NEW SECTION . 321.235B Low-speed electric bicycles 18 —— labels —— operation. 19 1. A manufacturer or distributor of low-speed electric 20 bicycles shall apply a label that is permanently affixed 21 in a prominent location to each of the manufacturer’s or 22 distributor’s low-speed electric bicycles. The label shall 23 contain all of the following information printed in arial font 24 with a font size not less than nine point type: 25 a. A classification number for the low-speed electric 26 bicycle that corresponds with a class defined in section 321.1, 27 subsection 036A. 28 b. The low-speed electric bicycle’s top assisted speed. 29 c. The low-speed electric bicycle’s motor wattage. 30 2. A person shall not knowingly modify the speed capability 31 or engagement of a low-speed electric bicycle such that the 32 low-speed electric bicycle does not qualify for a class defined 33 in section 321.1, subsection 036A. If a person has modified 34 the speed capability or engagement of a low-speed electric 35 -2- LSB 6304XS (6) 88 mo/ns 2/ 6

S.F. 2205 bicycle, the person shall affix a new label containing the 1 information listed in subsection 1 to the modified low-speed 2 electric bicycle. 3 3. A low-speed electric bicycle shall be manufactured and 4 equipped in compliance with 16 C.F.R. pt. 1512. 5 4. A low-speed electric bicycle shall be manufactured to 6 operate in such a manner that when the rider stops pedaling, 7 applies the brakes, or the electric motor is disengaged, the 8 electric motor assist ceases to function. 9 5. A manufacturer, distributor, or person that violates 10 subsections 1 through 4 is guilty of a fraudulent practice. 11 6. A class 3 low-speed electric bicycle shall not be 12 operated unless it is equipped with a speedometer that displays 13 its speed in miles per hour. 14 7. A person under the age of sixteen shall not operate a 15 class 3 low-speed electric bicycle. A person under the age of 16 sixteen may ride as a passenger on a class 3 low-speed electric 17 bicycle in compliance with section 321.234, subsection 4. 18 Sec. 6. Section 805.8A, subsection 9A, Code 2020, is amended 19 to read as follows: 20 9A. Electric personal assistive mobility device 21 violations. For electric device violations under section 22 321.235A the following sections , the scheduled fine is fifteen 23 dollars. is as follows: 24 a. Section 321.235A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 25 b. Section 321.235B, subsections 6 and 7 . . . . . . . . . . . . . . . . . $15 26 Sec. 7. APPLICABILITY. Section 321.235B, subsections 1 and 27 2, as enacted in this Act, apply to low-speed electric bicycles 28 manufactured or distributed on or after January 1, 2021. 29 Sec. 8. APPLICABILITY. Section 321.235B, subsections 3 and 30 4, as enacted in this Act, apply to low-speed electric bicycles 31 manufactured or distributed on or after the effective date of 32 this Act. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 6304XS (6) 88 mo/ns 3/ 6

S.F. 2205 the explanation’s substance by the members of the general assembly. 1 Under current law, the definition of “bicycle” includes 2 a device with fully operable pedals and an electric motor of 3 less than 750 watts with a maximum speed of less than 20 miles 4 per hour when powered solely by the electric motor. This 5 bill strikes that provision and includes low-speed electric 6 bicycles within the definition of “bicycle”. The bill defines 7 the term “low-speed electric bicycle”, including three defined 8 classes. The bill excludes low-speed electric bicycles from 9 the definition of “vehicle” under Code section 321.1, thereby 10 making the provisions of Code chapter 321 (motor vehicles 11 and law of the road) relating to vehicles, motor vehicles, 12 automobiles, cars, motorcycles, and motorized bicycles 13 inapplicable to low-speed electric bicycles. 14 Because the bill includes low-speed electric bicycles within 15 the definition of “bicycle”, a person operating a low-speed 16 electric bicycle on a highway is subject to the provisions 17 of Code chapter 321 applicable to a rider of a bicycle on a 18 highway and has all the rights and duties under Code chapter 19 321 applicable to a rider of a bicycle. Under Code section 20 321.234, a person riding a bicycle on a highway is subject 21 to the provisions of Code chapter 321 and has all the rights 22 and duties applicable to a driver of a vehicle, except those 23 provisions which by their nature can have no application. Code 24 section 321.234 prohibits a person from using a bicycle on a 25 highway to carry more persons at one time than the number of 26 persons for which the bicycle is designed and equipped. Code 27 section 321.281 prohibits a person operating a motor vehicle 28 from steering the motor vehicle unreasonably close to or toward 29 a person riding a bicycle on a highway, including the roadway 30 or the shoulder adjacent to the roadway, and prohibits a person 31 from knowingly projecting any object or substance at or against 32 a person riding a bicycle on a highway. Code section 321.397 33 requires bicycles to at certain times be equipped with a lamp 34 on the front exhibiting a white light and a lamp on the rear 35 -4- LSB 6304XS (6) 88 mo/ns 4/ 6

S.F. 2205 exhibiting a red light, except that a red reflector may be used 1 in lieu of a rear light. Code section 321.434 prohibits a 2 bicycle from being equipped with, and a person from using upon 3 a bicycle, any siren or whistle. 4 By operation of law, a local authority is authorized to 5 regulate low-speed electric bicycles under Code section 6 321.236(10). 7 Beginning January 1, 2021, the bill requires manufacturers 8 and distributors of low-speed electric bicycles to apply a 9 label to each low-speed electric bicycle identifying the 10 class of the bicycle, the bicycle’s top assisted speed, and 11 the bicycle’s motor wattage. The bill further prohibits a 12 person from modifying the speed capability or engagement of a 13 low-speed electric bicycle such that the low-speed electric 14 bicycle does not qualify for a class as provided for in the 15 bill. A person who has modified the speed capability or 16 engagement of a low-speed electric bicycle must affix a new 17 label containing the required information as provided for in 18 the bill to the modified low-speed electric bicycle. 19 The bill also requires that low-speed electric bicycles 20 be manufactured in compliance with 16 C.F.R. pt. 1512 and be 21 manufactured to operate in such a manner that when the rider 22 stops pedaling, applies the brakes, or the electric motor is 23 disengaged, the electric motor assist ceases to function. A 24 violation of the label and manufacturing requirements of the 25 bill is punishable as a fraudulent practice. 26 The bill provides that a class 3 low-speed electric bicycle 27 shall not be operated unless it is equipped with a speedometer 28 that displays its speed in miles per hour. The bill also 29 prohibits persons under the age of 16 from operating a class 30 3 low-speed electric bicycle. However, such persons may ride 31 as a passenger on a class 3 low-speed electric bicycle. A 32 violation of these operating provisions is punishable by a 33 scheduled fine of $15. 34 The bill makes a conforming change to Code section 308A.1 35 -5- LSB 6304XS (6) 88 mo/ns 5/ 6