Legislature(1993 - 1994)
01/26/1993 01:37 PM Senate L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATOR KELLY introduced SPONSOR SUBSTITUTE FOR SENATE BILL
NO. 47 (REGISTRATION/EQUIPMENT OF CUSTOM CARS). He said the
bill was requested by the Anchorage Midnight Sun Street Rod
Association and invited the vice-president of the
association, RAY ELLEVER, to testify via teleconference from
Anchorage.
Number 013
MR. ELLEVER thanked the committee for supporting legislation
that, he thought, added to their quality of life. He gave
background information both on himself and the specialty of
custom cars, of which there are about 150 thousand modified
pre-49 automobiles in the country. MR. ELLEVER described
all facets of the industry generated by the interest in
modified vehicles. He outlined the protection afforded by
SSSB 47 to the drivers and their customized vehicles in the
areas of titling, licenses, registration, and clunker
ordinances.
Number 097
SENATOR KELLY questioned the magic of a pre-49 vehicle, and
MR. ELLEVER explained 1948 was the last year cars were
manufactured with running boards. SENATOR RIEGER asked how
the legislation would allow the custom collector vehicles to
stay on the road - legally.
Number 152
MR. ELLEVER described members being cited for the alteration
of custom vehicle heights and modern suspension or the
removal of fenders, bumpers, and hoods. SENATOR RIEGER
referred to replicas and the federal requirements regarding
bumpers. MR. ELLEVER said these were set by date of
manufacture and bumper restrictions were set about 1974.
Number 176
SENATOR KELLY pointed to the first section of the bill which
outlined 8 modern safety features that must be on the
customized car and considered part of a national definition
of a street rod. SENATOR RIEGER was assured by MR. ELLEVER
that bumper requirements for replicas of vehicles designed
before 1949 would be legal in 1993. MR. ELLEVER explained
there were not many old metal cars around, hence the new
manufacture of old cars.
Number 197
SENATOR KELLY questioned the emission standards. MR.
ELLEVER answered the emission standards came about in 1968,
and their cars are pre-49.
SENATOR KELLY queried his aide, MAX GIFFORD, on the fiscal
notes. MR. GIFFORD summarized the fiscal note and a neutral
position from the Division of Motor Vehicles. He suggested
further questions could be answered by JUANITA HENSLEY, from
the Division of Motor Vehicles.
MS HENSLEY, Chief of Driver Services, described the concerns
of the Department of Public Safety on special interest
plates, which might open the program to other potential
interest clubs that might want plates.
Number 240
SENATOR SALO questioned the car crusher laws in relation to
air pollution and the number of custom cars that might be
involved. MR. ELLEVER explained most of the custom cars
were parked during the heavy pollution winter months and
driven about 500 miles during the year. In addition, he
said most of the cars were running PCV valves. SENATOR SALO
asked about noise pollution, and MR. ELLEVER maintained most
of the cars have the turbo muffler which is legal.
Number 264
SENATOR KELLY asked about the insurance on the custom built
vehicles, and he was told GLEN NICOLAI from Eagle was going
to address insurance. MR. NICOLAI explained he was a member
of both state and national associations, and he traced the
increase in availability of insurance coverage. MR. NICOLAI
said his vehicles were insured by State Farm but other
insurance carriers would also provide policies at reasonable
rates because of a low incidence of claims.
Number 296
MR. NICOLAI said the associations didn't ask for any noise
pollution exemptions for street rods, and he expressed pride
in the clubs' safety programs.
SENATOR KELLY asked for the estimated average age of the
club members, and MR. NICOLIA said it ranged from the 40's
to their oldest member at age 73, ROSS JARDINE.
SENATOR LINCOLN asked for clarification on emission controls
in relation to the definition in Section 3 which allows an
exemption for custom collector vehicles whose body and frame
were manufactured before 1949. MR. NICOLAI praised the
custom cars which were able to pass emission controls
because the engines were so carefully maintained.
Number 357
SENATOR KELLY invited ROSS JARDINE, the 73 year old car buff
from Sand Lake to testify.
MR. JARDINE outlined his participation in street rod
building and riding. He described his 1936 Ford and a 1933
Ford, both of which are insured, in top condition, and would
pass any inspection including emissions. MR. JARDINE said
he was a member of the safety committee for his club, and he
listed all of the required features on his vehicles. He
described an increase in car buff participation in charity
events.
Number 382
SENATOR KELLY invited CHARLES ALVAREZ from the Peninsula
Cruisers in Soldotna to testify.
MR. ALVAREZ described the membership and activities of the
Peninsula Cruisers and pitched for additional members. He
presented his support for the legislation and described the
peer pressure in maintaining safe and clean vehicles.
Number 397
SENATOR RIEGER moved to pass SPONSOR SUBSTITUTE FOR SENATE
BILL NO. 47 from committee with individual recommendations.
Without objections, so ordered.
SENATOR KELLY introduced the work draft for CS FOR SENATE
BILL NO. 44 for additional changes by the committee and
asked JOSH FINK to walk the committee through the changes as
adopted in the 1/21/93 committee meeting.
Number 425
MR. FINK carefully noted, page by page, all of the changes,
with the additions in yellow in the work draft and reviewed
the notation references in the committee substitute. He
explained the drafter, MIKE FORD, was ill and unable to
participate in the present overview. Changes were made on
pages 2, 3, 4, 5, 8, 9, 10, 11, and 12.
Number 510
SENATOR KELLY asked GARY MENDIVIL, the business manager, if
Eaglecrest was included in the bill. MR. MENDIVIL said it
would include them, and this was clarified by MR. FINK on
page 12, lines 22 and 23.
SENATOR KELLY asked DON HITCHCOCK from Risk Management in
the Department of Administration if he was satisfied the
state was cleared of liability. MR. HITCHCOCK agreed and
indicated there would be no fiscal note from Risk
Management.
MR. FINK confirmed there were 2 zero fiscal notes.
Number 527
SENATOR RIEGER expressed concerns on page 2 about what he
considered a broad based description.
SENATOR PEARCE reminded the committee the rough draft had
not been adopted yet.
SENATOR PEARCE moved to adopt the work draft for CS FOR
SENATE BILL NO. 44. Without objections, so ordered.
SENATOR RIEGER suggested changes on page 2, line 8 and line
12 which would clarify the definition of snow. It was
adopted as an amendment.
Number 548
SENATOR RIEGER asked that line 2 of page 3 be changed to
read "desirable to groom all snow to a particular finish."
The amendment was adopted.
On page 4, line 12, SENATOR RIEGER thought it should be
"and" rather than "or." After some discussion the change
was adopted.
On page 5, lines 10 and 11, SENATOR RIEGER questioned how
the subsection (b) would work in statutory law.
JOHN HEISER, Director of Mountain Operations for the Alyeska
Resort, indicated he was comfortable with the language.
There was a discussion on the materials, education, and
training for ski patrol members.
SENATOR KELLY asked MR. MENDIVIL if Eaglecrest was satisfied
with the wording as discussed, and he was.
TAPE 93-6, SIDE B
SENATOR RIEGER had a technical question on page 7, lines 18
and 19 about a closed trail sign and asked if it was a legal
description. After some discussion the subsection was
changed to read, "(5) closed trails and slopes designated by
a sign with a red circle or octagon around a white interior
containing a black figure ..."
Number 031
SENATOR RIEGER, in reference to page 7, line 29, asked if
the entrance to a trail was identified but no action was
taken.
SENATOR RIEGER moved to page 10, line 18, to asked for the
difference in suing another skier on line 18 and bringing an
action against a skier as referenced in line 21. It was
decided they were interchangeable.
On page 11, line 25, SENATOR RIEGER asked about the
violation of crossing the uphill track of a J-bar, and MR.
FINK said the violation on line 26 would have the maximum
fine of $300. There was some raillery at this.
There ensued a discussion of page 11, lines 26 through 29
with MR. FINK explaining the Department of Natural Resources
might have a ranger for enforcement at Alyeska. SENATOR
PEARCE thought additional work should be contemplated on
lines 26 through 29.
MR. HEISER spoke in terms of the ranger working avalanche
violations which carry a fine. MR. SWANSON explained his
department was mainly responsible for managing the leases.
Number 078
SENATOR RIEGER, in reference to page 12, line 18, asked
about the circumstances of private ownership of land
adjacent to ski slopes. MR. FINK indicated ski operators
were required under the bill to mark the private land.
SENATOR RIEGER asked for an opinion as to the operational
control of a privately owned piece of sloped land. MR. FINK
said the question would be referred to MR. FORD. SENATOR
RIEGER didn't want private land owners with property
adjacent to ski areas to be potentially liable for an
injured skier onto his or her land.
SENATOR KELLY directed MR. FINK to ask the Senate Judiciary
Committee to look into SENATOR RIEGER'S concern in the
committee report.
SENATOR PEARCE questioned whether the Department of
Resources was going to have a fiscal note, and MR. SWANSON
explained why no new people would be needed.
SENATOR PEARCE moved to adopt CS FOR SENATE BILL NO. 44 as
amended. Without objections, so ordered.
Number 114
SENATOR PEARCE moved to pass CS FOR SENATE BILL NO. 44(L&C)
from committee with individual recommendations. Without
objections, so ordered.
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