Legislature(2009 - 2010)CAPITOL 120

04/08/2009 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 194 LOW-SPEED MOTOR VEHICLES TELECONFERENCED
Moved CSHB 194(TRA) Out of Committee
*+ HJR 30 DEATH PENALTY FOR JOSHUA WADE TELECONFERENCED
Moved Out of Committee
*+ HB 138 CRUELTY TO ANIMALS TELECONFERENCED
Heard & Held
+= HB 140 JURY NULLIFICATION TELECONFERENCED
Failed To Move Out Of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 9 CAPITAL PUNISHMENT TELECONFERENCED
Moved CSHB 9(JUD) Out of Committee
HB 194 - LOW-SPEED MOTOR VEHICLES                                                                                             
                                                                                                                                
1:31:42 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 194, "An  Act relating  to the operation  of low-                                                               
speed vehicles."  [Before the committee was CSHB 194 (TRA).]                                                                    
                                                                                                                                
1:32:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PEGGY  WILSON, Alaska State  Legislature, sponsor,                                                               
noted that  HB 194 was  introduced at the urging  of constituents                                                               
in two  of her communities,  and offered that  low-speed vehicles                                                               
("LSVs") are  very useful in  small communities such as  those in                                                               
her district,  and fill a  transportation niche not being  met by                                                               
standard  passenger  vehicles, which  are  not  efficient at  low                                                               
speeds  or over  short  distances.   House  Bill  194 would  give                                                               
smaller  communities -  those with  [a population  of less]  than                                                               
35,000 -  the option to allow  LSVs on roads that  have a maximum                                                               
speed limit of 45 miles per hour (mph).                                                                                         
                                                                                                                                
1:33:07 PM                                                                                                                    
                                                                                                                                
REID  HARRIS, Staff,  Representative Peggy  Wilson, Alaska  State                                                               
Legislature,  added  on  behalf of  the  sponsor,  Representative                                                               
Wilson, that  the intent of HB  194 is to increase  the number of                                                               
roads available  to LSVs in order  to promote their use  in small                                                               
communities,  and that  the bill  does so  [in part]  by allowing                                                               
LSVs in certain, qualifying communities  to be used on roads that                                                               
have a maximum  speed limit of 45 mph; currently,  LSVs cannot be                                                               
used on  roads that have  a maximum speed  limit of more  than 35                                                               
mph.  The National Highway  Traffic Safety Administration (NHTSA)                                                               
and Alaska's Division of Motor Vehicles  (DMV) define an LSV as a                                                               
passenger  vehicle that  has  four wheels,  has  a maximum  gross                                                               
vehicle weight  rating (GVWR) of  3,000 pounds, and can  attain a                                                               
minimum speed  of 20  mph and  a maximum  speed of  25 mph.   The                                                               
NHTSA  has adopted  regulatory standards  for  LSVs that  require                                                               
much  of   the  same  technology  found   in  standard  passenger                                                               
vehicles,   including  headlights,   taillights,  turn   signals,                                                               
reflectors, a windshield that conforms  to federal standards, and                                                               
seatbelts for all designated seats.                                                                                             
                                                                                                                                
MR. HARRIS  noted that the  term "low-speed vehicle" refers  to a                                                               
legal class  of vehicle that meets  the aforementioned standards,                                                               
and not  to slow-moving vehicles  such as farm,  construction, or                                                               
snow-removal equipment.   The bill provides  a unique opportunity                                                               
for small  and rural communities  to allow themselves a  new form                                                               
of  transportation.   Such  vehicles are  convenient  and can  be                                                               
cheaper  for short  trips than  standard passenger  vehicles; not                                                               
all  people  want to  drive  their  full-size vehicle  the  short                                                               
distance to  the grocery store,  for example,  particularly given                                                               
the  high price  of  gasoline in  rural  communities.   Low-speed                                                               
vehicles  can reduce  gasoline usage,  dramatically cut  down the                                                               
amount of  air-borne pollution a community  produces, satisfy the                                                               
demand  for reduced-emission  transportation, and  be powered  by                                                               
gasoline,  electricity, or  a combination  of  both gasoline  and                                                               
electricity.                                                                                                                    
                                                                                                                                
MR. HARRIS said  that although there are concerns  that LSVs will                                                               
cause congestion  on public  roads, the  bill seeks  to alleviate                                                               
those concerns  by requiring that  qualifying communities  have a                                                               
population of  less than 35,000 and  not be connected by  road to                                                               
Anchorage or  Fairbanks.  Furthermore,  the bill  stipulates that                                                               
an LSV  may only cross a  highway that has a  maximum speed limit                                                               
greater than  45 mph if the  crossing is made at  an intersection                                                               
where the  roads on both  sides of  the highway are  eligible for                                                               
LSV  use.    In  conclusion,  he mentioned  that  the  bill  also                                                               
stipulates that  otherwise qualifying communities must  also pass                                                               
a local ordinance allowing for  the operation of LSVs as provided                                                               
for in  the bill; this will  ensure that LSVs are  welcome in the                                                               
communities  that choose  to accept  them,  and not  a burden  on                                                               
those communities that do not.                                                                                                  
                                                                                                                                
REPRESENTATIVE DAHLSTROM, noting that  she believes in the intent                                                               
of  HB 194,  asked what  position law  enforcement agencies,  the                                                               
DMV, and insurance companies have taken on the bill.                                                                            
                                                                                                                                
MR. HARRIS  said he's  not yet  spoken with  representatives from                                                               
any of those  groups, but surmised that  law enforcement officers                                                               
would be  able to ticket  any LSV  that isn't complying  with the                                                               
law.   In response  to other questions,  he reiterated  that LSVs                                                               
are  required  to have  all  the  standard safety  features  that                                                               
regular passenger  vehicles are  required to have,  and indicated                                                               
that  studded tires  are probably  available for  LSVs, and  that                                                               
certain  models  might come  with  all-wheel  drive and  traction                                                               
control.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GATTO  expressed concern  that LSVs be  capable of                                                               
driving in [winter] conditions.                                                                                                 
                                                                                                                                
CHAIR RAMRAS,  in response to  comments, noted that  existing law                                                               
already  addresses LSV  usage,  and  that HB  194  would just  be                                                               
expanding that existing law.                                                                                                    
                                                                                                                                
MR. HARRIS  remarked that  it would  be up to  an LSV's  owner to                                                               
decide whether  he/she wanted to  drive his/her LSV in  less than                                                               
optimum  driving  conditions.   In  response  to a  question,  he                                                               
reiterated that LSVs can be  powered by gasoline, electricity, or                                                               
a combination of both gasoline  and electricity, adding that LSVs                                                               
are  required to  be  self  propelled.   In  response to  another                                                               
question,  he   offered  his  understanding   that  [Segway-type]                                                               
vehicles are  not LSVs, and  would probably not be  practical for                                                               
the communities HB 194 is intended to address.                                                                                  
                                                                                                                                
1:43:37 PM                                                                                                                    
                                                                                                                                
GERALD HERBRANDSON,  Solar Wind  of Alaska,  said that  there are                                                               
currently  10  LSVs  operating in  Petersburg,  with  a  combined                                                               
mileage of well  over 10,000 miles.  These LSVs  are small, four-                                                               
door  sedans with  hatchbacks; they  seat  four adult  passengers                                                               
comfortably;  they have  all the  same  lights that  conventional                                                               
cars have; and,  with snow tires or studded tires,  they are very                                                               
aggressive in snow and slush,  and have bypassed four-wheel drive                                                               
vehicles that  have gotten  stuck.   The only  difference between                                                               
regular  vehicles  and  LSVs  is  that the  LSVs  go  slower  and                                                               
conserve  energy.    In  Petersburg,  there  a  couple  of  short                                                               
stretches of the highway that  have a maximum speed limit greater                                                               
than 35 mph,  and so passage of  HB 194 would allow  LSVs on even                                                               
those  stretches,  thereby making  LSVs  ideally  suited for  the                                                               
community of Petersburg and other similar communities.                                                                          
                                                                                                                                
MR.  HERBRANDSON  offered  his   belief  that  regular  passenger                                                               
vehicles are not well-suited to  driving short distances, whereas                                                               
LSVs  are  ideal  for  such  trips, and  that  most  drivers  [in                                                               
Petersburg] generally  don't drive very  far when taking  care of                                                               
daily  errands.     Low-speed  vehicles  are   energy  efficient,                                                               
convenient  to use,  and can  be fully  insured through  numerous                                                               
insurance  companies.   He mentioned  that he's  given the  local                                                               
police chief a ride  in an LSV, and found the  police chief to be                                                               
supportive of the  concept of LSVs.  In  conclusion, he mentioned                                                               
that  LSVs  do   have  heaters,  and  that   he  appreciates  the                                                               
opportunity [being  provided via  HB 194] for  people to  be more                                                               
energy conscious.                                                                                                               
                                                                                                                                
1:46:45 PM                                                                                                                    
                                                                                                                                
MEGAN PASTERNACK,  in response  to a  question, relayed  that her                                                               
LSV, which  she has owned  for more than  a year, still  has less                                                               
than  3,000 miles  on it.    She offered  her understanding  that                                                               
currently there are  at least nineteen LSVs  in Southeast Alaska,                                                               
two  in Kodiak,  and possibly  more  throughout the  rest of  the                                                               
state.   Her LSV is a  fully enclosed vehicle with  a crush-proof                                                               
body;  it has  lights,  windshield wipers,  mirrors, front  wheel                                                               
drive,  and turn  indicators;  it meets  or  exceeds the  federal                                                               
motor vehicle safety standards for LSVs  - "FMVSS 500"; and it is                                                               
fully insured.   She opined that  HB 194 is about  much more than                                                               
just cheap transportation  - it is also  another much-needed step                                                               
toward   helping   eliminate   pollution   and   protecting   the                                                               
environment,  and will  help  legislators, Alaska's  communities,                                                               
the state  of Alaska, the  United States,  and the world.   House                                                               
Bill 194 will  help those who must transit 45-mph  zones for work                                                               
or other purposes  and who have had reservations  about owning an                                                               
LSV  because  of  the  current 35-mph  limitation;  if  the  bill                                                               
passes, such  people would then be  able to make the  decision to                                                               
join others who are trying to [lessen] their carbon footprints.                                                                 
                                                                                                                                
MS. PASTERNAK said  that as an LSV driver, she  is very conscious                                                               
of the  traffic around her, and  does not impede others  who wish                                                               
to go faster than her allowed speed  of 25 mph; that to that end,                                                               
she waits to enter a  roadway until approaching traffic [has gone                                                               
past], and  pulls over whenever  possible to allow  other drivers                                                               
to pass  her.  She  surmised that other  LSV drivers are  just as                                                               
conscientious.   Many LSVs are  in use  in Europe, and  have been                                                               
for quite some  time.  She offered her understanding  that one of                                                               
the reasons LSVs are safe is  that when involved in a crash, they                                                               
are  so lightweight  that they  tend to  just bounce  away rather                                                               
than absorb  the full force  of the impact.   House Bill  194 has                                                               
great flexibility  in that it requires  individual communities to                                                               
decide,  based on  local  conditions, whether  to  allow LSVs  to                                                               
travel in  45-mph zones.   Although some have argued  that owners                                                               
of  LSVs won't  be contributing  to  the building  and upkeep  of                                                               
roads and highways  because they won't be purchasing  [as much if                                                               
any]  fuel and  thus won't  be paying  the associated  taxes, she                                                               
would be more than  willing to pay a tax or  fee specific to LSVs                                                               
when  registering   or  renewing   license  tabs,   she  relayed.                                                               
Furthermore,  she  posited, her  1,200-pound  LSV  does far  less                                                               
damage to  the roads  then overloaded  dump trucks  that traverse                                                               
them.                                                                                                                           
                                                                                                                                
MS. PASTERNAK,  in conclusion, opined  that if  legislators would                                                               
like  to  do  more  to  encourage LSV  usage,  they  should  also                                                               
consider allowing  LSVs to  be modified  so that  they can  go 35                                                               
mph; her  LSV had that  capability but the  modification allowing                                                               
such had to  be removed in order for her  to comply with Alaska's                                                               
LSV registration and licensing requirements.                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM asked whether the DMV supports HB 194.                                                                 
                                                                                                                                
1:50:55 PM                                                                                                                    
                                                                                                                                
CARL  SPRINGER, JR.,  Registrar, Director's  Office, Division  of                                                               
Motor Vehicles  (DMV), Department  of Administration  (DOA), said                                                               
the DMV  is not  opposed to  the bill  and has  the understanding                                                               
that it  would only change which  roads LSVs could travel  on and                                                               
would  have no  effect on  the DMV's  workload.   In response  to                                                               
another question, he  said that the two-year  registration fee of                                                               
$100  is  the same  for  LSVs  as  it  is for  regular  passenger                                                               
vehicles.  In  response to a further question,  he explained that                                                               
the  federal and  state definitions  of what  constitutes an  LSV                                                               
address  the minimum  and  maximum  speeds at  which  an LSV  can                                                               
travel, not the size or type  of engine or how much horsepower it                                                               
has;  if an  LSV is  modified to  exceed that  maximum speed,  it                                                               
cannot be  registered as an LSV  in Alaska.  In  response to more                                                               
questions, he said  that LSVs are manufactured to  meet their own                                                               
standards,  which  are  not  as stringent  as  those  of  regular                                                               
passenger  vehicles; that  such standards  [in part]  address the                                                               
crash-worthiness of vehicles in  head-on collisions; that he does                                                               
not have  any information regarding  rear-end collisions  of LSVs                                                               
compared to regular passenger vehicles;  that any such collisions                                                               
will most  likely cause damage  unless the vehicle  impacting the                                                               
LSV is  traveling at  a very  slow speed;  that because  LSVs are                                                               
required to  have seatbelts, they can  therefore also accommodate                                                               
child restraint systems; and that LSVs do not have airbags.                                                                     
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 194.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response  to  a question,  relayed                                                               
that  he  would  not  be   offering  the  amendment  labeled  26-                                                               
LS0715\P.3, Luckhaupt, 4/1/09, which read:                                                                                      
                                                                                                                                
     Page 1, line 6, following "may":                                                                                           
          Insert "operate that vehicle"                                                                                     
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "operate that vehicle"                                                                                     
                                                                                                                                
     Page 2, lines 3 - 8:                                                                                                       
          Delete all material and insert:                                                                                       
               "(2)  across an intersection with [CROSS] a                                                                  
     highway that has a maximum  speed limit greater than is                                                                
     permissible  [OF MORE  THAN  35 MILES  AN  HOUR IF  THE                                                                
     CROSSING  IS MADE  AT THE  INTERSECTION WITH  A HIGHWAY                                                                    
     THAT IS  AUTHORIZED] for low-speed vehicles  under this                                                                
     subsection."                                                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES said she thought  that that amendment would                                                               
clarify the one part of the bill that she found confusing.                                                                      
                                                                                                                                
REPRESENTATIVE WILSON,  in response  to a question,  relayed that                                                               
both  she   and  the  Department   of  Transportation   &  Public                                                               
Facilities  (DOT&PF)  prefer  the  language  currently  in  [CSHB
194(TRA)].                                                                                                                      
                                                                                                                                
MR. HARRIS, in  response to a question, relayed  that LSVs cannot                                                               
drive on  the shoulder  of the road  but can pull  over on  it in                                                               
order to let other vehicles pass;  LSVs are to be operated in the                                                               
same fashion as regular passenger vehicles.                                                                                     
                                                                                                                                
1:58:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   report  CSHB  194(TRA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  note.    There  being no  objection,  CSHB  194(TRA)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                

Document Name Date/Time Subjects
01 HB138 Sponsor Statement.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
01 HB194 Sponsor Statement.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
HB140 Amendment A.1.pdf HJUD 4/8/2009 1:00:00 PM
HB 140
02 HB138 CS version P.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
03 HB138 version S.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
04 HB138 DOC FN.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
05 HB138 LAW-CRIM-FN.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
06 HB138 Lettrs of SupportOpposition.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
02 HB194 Bill version P.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
03 HB194 DOT FN.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
04 HB194 Backup.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
05 HB194 Amendment P.3.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
HJR 30 version R.pdf HJUD 4/8/2009 1:00:00 PM