Legislature(2001 - 2002)

04/30/2002 01:36 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
            HB 397-EXEMPTIONS FROM DRIVER'S LICENSING                                                                       
                                                                                                                                
CHAIRMAN   COWDERY  announced   CSHB   397(STA)  to   be  up   for                                                              
consideration.                                                                                                                  
                                                                                                                                
SENATOR WARD moved to pass CSHB 397(STA) from committee.                                                                        
                                                                                                                                
CHAIRMAN COWDERY objected  and asked the sponsor if  he had worked                                                              
out the problems from the previous meeting with Senator Wilken.                                                                 
                                                                                                                                
REPRESENTATIVE  VIC KOHRING,  sponsor  of HB  397  said he  didn't                                                              
think  they had  worked  out the  problems,  although  they had  a                                                              
meeting.                                                                                                                        
                                                                                                                                
SENATOR WARD moved to withdraw his  motion and asked for unanimous                                                              
consent. There were no objections and it was so ordered.                                                                        
                                                                                                                                
REPRESENTATIVE  KOHRING explained that  CSHB 397(STA)  removes the                                                              
license requirement  for an off-road vehicle, which  is defined as                                                              
snow  machines, boats,  ATVs, etc.  Having a  driver's license  to                                                              
drive a car in  a city street is not germane to  driving an ATV or                                                              
snow machine.                                                                                                                   
                                                                                                                                
4:10 p.m.                                                                                                                       
                                                                                                                                
SENATOR WILKEN  said he  had the opportunity  to ride  his ski-doo                                                              
this weekend  and went 85 mph. If  this bill is passed,  all proof                                                              
of responsibility  and restrictions for  a 13-year old to  jump on                                                              
that machine and  drive it will be gone. He would  suggest that is                                                              
like giving 13 year olds a lethal  weapon. It seems strange to him                                                              
that at 14,  a license is  required to operate an  automobile, but                                                              
at 13, 14 or 15 no license is required  to get on any snow machine                                                              
that will  kill. According to  testimony, there are  350 accidents                                                              
per year.  He maintained,  "This  bill is a  very dangerous  bill.                                                              
This bill, should  it go through, will kill kids  and I just don't                                                              
think that's really what we want to do."                                                                                        
                                                                                                                                
He  said  the  committee  is deliberating  this  bill  because  an                                                              
overzealous park ranger  unadvisedly wrote a citation  for a child                                                              
on  a kiddi  cat.  He  remarked, "We  have  taken that  event  and                                                              
changed it into what I consider to  be a huge bill that once again                                                              
puts our youth at risk."                                                                                                        
                                                                                                                                
He suggested addressing the following issues:                                                                                   
                                                                                                                                
   · If the unlicensed operator is within reasonable proximity to                                                               
     and under supervision of a licensed adult                                                                                  
   · Damages or injuries caused as a result of an unlicensed                                                                    
     operator are the responsibility of the parent or the legal                                                                 
     guardian of the operator                                                                                                   
   · The legislation is effective upon approval of the SNOTRAC                                                                  
     safety course by the Alaska Department of Public Safety                                                                    
   · This issue will be reviewed in five years                                                                                  
                                                                                                                                
He said the committee heard testimony  that SNOWTRAC is developing                                                              
a safety program.  He commented that if the  licensing requirement                                                              
is lifted,  there should at least  be some place to  send children                                                              
to get some level of training. He  said without changes he remains                                                              
adamantly opposed to the bill.                                                                                                  
                                                                                                                                
SENATOR WARD  said someone  can cross  a road,  but if someone  is                                                              
traveling from point  A down a road to get to  another snow mobile                                                              
trail, there is no local ordinance  that says that is legal. Those                                                              
people are illegally going down that  road. It's permissible to go                                                              
across a road. He  also said that not everyone abuses  the law and                                                              
in fact the ones that abuse it usually aren't kids.                                                                             
                                                                                                                                
SENATOR ELTON  asked what the net  effect of this  amendment would                                                              
be  on a  youngster  in Bush  Alaska where  they  have no  highway                                                              
system, and  a snow machine is often  used to get to  school, do a                                                              
trap line, or go to a grandmother's house.                                                                                      
                                                                                                                                
SENATOR WARD said  the youngster would need to have  an adult with                                                              
them.                                                                                                                           
                                                                                                                                
SENATOR WILKEN  said he  wanted to  go back to  the issue  of what                                                              
problem they are trying to solve. He stated:                                                                                    
                                                                                                                                
     This law has been on the books  for decades. Suddenly it                                                                   
     rises  because  of some  incident  -  it rises  to  some                                                                   
     notoriety…  So we  have an  administrative problem  that                                                                   
     we're going to  take what I consider to be  a very major                                                                   
     step that puts kids at risk.                                                                                               
                                                                                                                                
SENATOR  ELTON agreed  with  what Senator  Wilken  was saying  and                                                              
tended to agree up to a point with  what needs to be done and that                                                              
clearly there is  a safety issue. In his mind there  is a dramatic                                                              
difference between recreational use  in areas where a snow machine                                                              
will be  on a road system  in which you  have to obey the  laws of                                                              
the land  as written  for operators  of a  motor vehicle.  In some                                                              
areas of the  state, mostly the Bush, having a  snow machine isn't                                                              
a matter  of choice, it's  a matter of  necessity for all  ages of                                                              
users.                                                                                                                          
                                                                                                                                
SENATOR  WILKEN  said  they  are   not  just  talking  about  snow                                                              
machines,  but  ATVs,  jet  skis,  watercraft,  river  boats,  and                                                              
basically any propelled vehicle.                                                                                                
                                                                                                                                
REPRESENTATIVE  KOHRING  said he  also thought  that  safety is  a                                                              
concern. He  suggested passing the  bill to decriminalize  the use                                                              
of off-road vehicles  without a driver's license  and next session                                                              
look at the suggestions from the SNOTRAC Board.                                                                                 
                                                                                                                                
CHAIRMAN COWDERY asked  if the people who make snow  cats for kids                                                              
would be put out of business.                                                                                                   
                                                                                                                                
SENATOR WILKEN  responded that  Arctic Cat  doesn't make  them any                                                              
more, but Ski-doo  does and they  are limited to about  120 cc and                                                              
go about  8 mph.  Those machines  will still  get produced  and he                                                              
thought at  8 mph you're going  to be within reasonable  proximity                                                              
of your parent. He is bothered with  the issue of the 13-year old.                                                              
                                                                                                                                
REPRESENTATIVE  KOHRING pointed  out that  a safe  speed and  safe                                                              
driving  are still  applicable whether  there's a  license law  or                                                              
not.                                                                                                                            
                                                                                                                                
4:25 p.m.                                                                                                                       
                                                                                                                                
SENATOR  WARD explained  that his  grandchildren  have earned  the                                                              
right to drive  their off road vehicles and he  thought there were                                                              
enough laws  to take care of the  situation exactly the  way it is                                                              
and there  is nothing  they can legislate  to stop  a 13  year old                                                              
from going out  of control. He thought they needed  to enforce the                                                              
current laws.                                                                                                                   
                                                                                                                                
MR. DEL SMITH, Deputy Commissioner, Department of Public Safety,                                                                
said that  the State  Troopers are  somewhat ambivalent  about any                                                              
change in  the law recognizing that  they patrol a part  of Alaska                                                              
that  uses  off  road  vehicles   for  their  primary  source  for                                                              
transportation.   Requiring   a  driver's   license   is  not   an                                                              
enforcement priority for them for  a number of reasons. It is down                                                              
on the list of the seriousness of  things. They are trying to deal                                                              
with other issues  and with having enough staff to  patrol. A snow                                                              
machine  can outrun  a  car and  they don't  have  very many  snow                                                              
machine incidents.                                                                                                              
                                                                                                                                
SENATOR WILKEN asked how many citations  had been written for kids                                                              
operating snow machines without driver's licenses.                                                                              
                                                                                                                                
MR. SMITH replied that it is extremely rare.                                                                                    
                                                                                                                                
SENATOR  WILKEN  asked if  he  thought enforcement  efforts  would                                                              
increase or decrease if this law doesn't pass.                                                                                  
                                                                                                                                
MR. SMITH  replied that he would  say [it would not  change] given                                                              
their situation and the prioritization of their response.                                                                       
                                                                                                                                
SENATOR WARD pointed  out that Senator Wilken  said that Fairbanks                                                              
has an ordinance  that allows snow  mobilers to go down  a road to                                                              
get from one trail to another, but  he said it is impossible for a                                                              
local entity  to adopt such  an ordinance  because it would  be in                                                              
conflict with  state law, which says  you can go across  a road in                                                              
order to get across it. There's nothing  that says you can go down                                                              
a  road to  get to  another  trail. Otherwise  you  could use  the                                                              
argument that you can drive from Willow to Big Lake.                                                                            
                                                                                                                                
MR. SMITH  said he was quoting  13 AAC and the  90-degree crossing                                                              
roadways  is what  it  refers to.  People are  not  to travel  the                                                              
roadways, but he is not prepared to comment more.                                                                               
                                                                                                                                
SENATOR  WARD  said  the  troopers  in  his  area  have  told  all                                                              
operators, whether  of ATVs, snow  machines or dirt bikes  to stay                                                              
off the roadways.                                                                                                               
                                                                                                                                
SENATOR  WARD said  the in  the northern  part  of Seldovia,  most                                                              
people use ATVs  and four-wheelers to get from house  to house so,                                                              
so there is a conflict because kids are breaking the law now.                                                                   
                                                                                                                                
MR. FRANK  SACCO, Chief,  Surgery Service,  Alaska Native  Medical                                                              
Center, said  he acted as director  of the Trauma Service  and had                                                              
been taking  care of  patients, a  majority of  whom are  from the                                                              
Bush. He  shares some  of the concerns  about the  way the  law is                                                              
written, but he  thought they would be remiss if  they didn't look                                                              
at the  overall problems  with snow  machines and especially  with                                                              
children.  He  said he  sees  about one  child  per  month with  a                                                              
serious head injury  from riding a snow machine  without a helmet.                                                              
He has  never treated  one who  was wearing  a helmet. He  thought                                                              
they  are the  same  as  life preservers  for  kids  on boats.  He                                                              
strongly  urged that  the  bill require  the  use  of helmets  for                                                              
children. He sees  six-year olds driving four-year  olds around on                                                              
ATVs  and he  thought  there needs  to be  some  laws about  those                                                              
situations.                                                                                                                     
                                                                                                                                
SENATOR  WARD  asked  if  passing  a helmet  law  would  stop  the                                                              
irresponsible parents who were allowing  a six-year old to drive a                                                              
four-wheeler.                                                                                                                   
                                                                                                                                
MR.  SACCO  replied that  he  didn't  think they  could  legislate                                                              
personal responsibility for everyone,  but he thought a helmet law                                                              
for kids would increase usage of them.                                                                                          
                                                                                                                                
SENATOR   WARD  asked   if  Mr.   Sacco  had   asked  any   Native                                                              
organizations how they would feel about a helmet law.                                                                           
                                                                                                                                
MR. SACCO said he is speaking for  the Alaska Native Medical Board                                                              
(ANPHB) and they support of taking measures for children.                                                                       
                                                                                                                                
MS. MARY  LEEMHUIS, ANMC, said she  does a lot of  family teaching                                                              
and children  come in  with too many  brain injuries.  Most people                                                              
don't realize that it doesn't take  a lot of speed to cause severe                                                              
injury to  the brain and  even death.  A helmet would  protect the                                                              
brain of  a child.  Any time the  brain is  knocked around  it can                                                              
bleed  and tear  and  that's  what sometimes  causes  irreversible                                                              
damage.                                                                                                                         
                                                                                                                                
TAPE 02-21, SIDE A                                                                                                            
                                                                                                                              
4:47 p.m.                                                                                                                       
                                                                                                                                
MR.  BILL REED,  Providence  Hospital  surgeon,  said that  recent                                                              
patients who  are involved in  snow machine accidents  are exposed                                                              
to  much  greater   forces  than  they  have   ever  seen  before,                                                              
predominantly because of the speed  involved. The velocity is what                                                              
determines  the extent  of the  injury. In  addition, the  terrain                                                              
that  people  travel on  in  Alaska  is  much more  difficult.  He                                                              
stated:                                                                                                                         
                                                                                                                                
     The point we  are trying to make here is  that right now                                                                   
     the  only law that  controls children  on snow  machines                                                                   
     restricts people  who are 16 that don't have  a license.                                                                   
     Our concern  is that this is  a flawed law. It  could be                                                                   
     improved  upon   and  I  think  that   Senator  Wilken's                                                                   
     proposals go a long way to that improvement…                                                                               
                                                                                                                                
CHAIRMAN  COWDERY  asked  what  percentage  of  the  patients  are                                                              
adults.                                                                                                                         
                                                                                                                                
MR. REED replied about 50% were over the age of 18.                                                                             
                                                                                                                                
SENATOR WARD  asked if he was  advocating a helmet law  for people                                                              
under the age of 14.                                                                                                            
                                                                                                                                
MR. REED said in his opinion a helmet law is an important                                                                       
consideration and that compensation for the victims of accidents                                                                
should be part of this too.                                                                                                     
                                                                                                                                
MR. STEVE TOWER, Orthopedic Surgeon, Alaska State Medical                                                                       
Association, said he has 14 years of experience in medical                                                                      
practice in Alaska. He told members:                                                                                            
                                                                                                                                
     The   Alaska   State   Medical    Association   supports                                                                   
     legislation  regarding  snow   machines  and  ATVs  that                                                                   
     defines   and   enforces  elements   of   safe   machine                                                                   
     operation,  defines  and enforces  appropriate  training                                                                   
     and  documentation of  machine  operators, would  define                                                                   
     age restrictions  for machine  operators and define  and                                                                   
     enforce  safe  machine  operation  in  the  presence  of                                                                   
     pedestrians  and supports mandatory  use of  appropriate                                                                   
     helmets  by those  16 years  of age  or younger,  either                                                                   
     operating these machines or transporting the machine.                                                                      
                                                                                                                                
     The   reason  for   this   stance,  which   was   passed                                                                   
     overwhelming  by  the  delegates  of  the  Alaska  State                                                                   
     Medical Association,  is the  huge mass of trauma  grief                                                                   
     we're seeing on an annual basis,  which is increasing at                                                                   
     a rate of 10%  a year. You all should know  the scope of                                                                   
     the problem.  This is the second leading  cause of death                                                                   
     and injury in our children age  10 to 14. These machines                                                                   
     are known  in Alaska to be  ten times more  hazardous to                                                                   
     operate than a road vehicle.  I congratulate Senate Ward                                                                   
     with  being  able to  sit  there  without the  state  of                                                                   
     nervous  anxiety  while a  seven-year  old operates  one                                                                   
     without  adult supervision.  I  think that's  absolutely                                                                   
     idiotic and the data supports me there.                                                                                    
                                                                                                                                
     We know these machines kill  30 to 50 Alaskans per year.                                                                   
     They  hospitalize  300  to 400  Alaskans  a  year.  This                                                                   
     consumes  $2,000 to $3,000  days per  year to treat  the                                                                   
     injuries, most cost of which  is borne by the state. One                                                                   
     quarter of  those killed or  hospitalized are  minors. A                                                                   
     quarter  of those  hospitalized  are  brain injured  and                                                                   
     this is  the main driver  of long-term medical  expense.                                                                   
     For a brain-injured patient,  only a fraction of medical                                                                   
     and   social   expense   is   derived   in   the   acute                                                                   
     hospitalization  and about  8 to 10  times that  initial                                                                   
     expense is extracted from society  at a later date. Only                                                                   
     a small  fraction  of these people  are ever  employable                                                                   
     and in  many of these families,  a family member  has to                                                                   
     quit  work to  care for  them  at home.  It's for  these                                                                   
     reasons the State Medical Society  is vehemently opposed                                                                   
       to HB 397. This is an idiotic piece of legislation,                                                                      
     which was a hip shot and a problem that doesn't exist…                                                                     
                                                                                                                                
SENATOR WARD asked what he was advocating for.                                                                                  
                                                                                                                                
MR. REED replied that he wanted a  mandatory helmet law for people                                                              
16-years  old  or  younger  if  they  operate  or  transport  snow                                                              
machines and ATVs.                                                                                                              
                                                                                                                                
SENATOR WARD said  he wasn't ready to pass a law  like that today.                                                              
He also thanked him for his service to the community.                                                                           
                                                                                                                                
MR. CHARLES  HOSACK, Deputy Director,  Division of  Motor Vehicles                                                              
(DMV), said he would answer questions.                                                                                          
                                                                                                                                
SENATOR WARD  asked if the  DMV had a  position on  mandating that                                                              
everyone under the age of 16 wear a helmet.                                                                                     
                                                                                                                                
MR. HOSACK replied no.                                                                                                          
                                                                                                                                
SENATOR WARD asked him to get one, please.                                                                                      
                                                                                                                                
MR. SCOTT  HAMANN, ABATE,  said you can't  make criminals  of good                                                              
people and no one  even knew this bill existed. He  goes out every                                                              
weekend with about  30 kids from their church and  has a good time                                                              
and they  shouldn't be criminals.  He said  there are laws  on the                                                              
book right  now that  deal with reckless  endangerment  and things                                                              
like that and troopers have the discretion to enforce them.                                                                     
                                                                                                                                
CHAIRMAN  COWDERY   asked  if  snow  machine  shops   sell  safety                                                              
accessories like helmets of different sizes.                                                                                    
                                                                                                                                
MR.  HAMANN replied  they do.  He  thought the  freedom of  choice                                                              
works because about 75% people wear helmets on their own.                                                                       
                                                                                                                                
CHAIRMAN COWDERY commented  that every shop he's been  in tries to                                                              
sell him everything.                                                                                                            
                                                                                                                                
SENATOR WILKEN  said he  wanted the bill's  sponsor to  comment on                                                              
his four  suggestions; the issue  of safety and an  alternative to                                                              
this disqualification and a way to review it in five years.                                                                     
                                                                                                                                
REPRESENTATIVE   KOHRING   said    those   are   not   unimportant                                                              
considerations,  but  they  should   be  looked  at  in  different                                                              
legislation on  safety. He  appreciates Senator Wilken's  concerns                                                              
and didn't want to down play the issue of safety.                                                                               
                                                                                                                                
SENATOR ELTON moved  amendment 1, on page 2, line  7, which says a                                                              
person  who is at  least 16  years of  age with  a valid  driver's                                                              
license from  a jurisdiction other  than Alaska can drive  a motor                                                              
driven cycle with a provision that  an Alaska driver's license for                                                              
driving a motor  driven cycle be  obtained by the end of  a 90-day                                                              
period after entering the state.                                                                                                
                                                                                                                                
He  explained  the   purpose  of  the  amendment   is  to  address                                                              
situations  in which  a tourism  entrepreneur in  a community  may                                                              
want to rent  Vespas and mopeds  to tourists. Language on  page 1,                                                              
line 11 provides  that a non-resident who is at least  16 years of                                                              
age  and  who has  a  valid  driver's license  issued  by  another                                                              
jurisdiction  [may drive]  a  Vespa or  moped,  however an  Alaska                                                              
driver's  license  must  be  obtained  after a  90-day  period  of                                                              
entering  the  state.  There  is dispute  among  attorneys  as  to                                                              
whether or not  that exemption applies to motor  driven cycles. In                                                              
our  state   there  is  an   M1  qualification  that   applies  to                                                              
motorcycles  and  an  M2 qualification,  which  applies  to  Vespa                                                              
scooter, mopeds,  etc. In  most states  a driver's license  allows                                                              
you to use  a Vespa or a moped;  in Alaska it doesn't.  This would                                                              
provide that tourists who are getting  off a ship and want to rent                                                              
one can do  it. If they stay,  they can't. This has nothing  to do                                                              
with  discussions on  the  bill so  far, but  it  does provide  an                                                              
economic opportunity for tourism entrepreneurs.                                                                                 
                                                                                                                                
CHAIRMAN  COWDERY asked  if  this  would apply  to  dirt bikes  or                                                              
motorcycles.                                                                                                                    
                                                                                                                                
SENATOR ELTON replied that drivers  would need an M1 qualification                                                              
on  their   driver's  license.  This   only  applies  to   the  M2                                                              
qualification.                                                                                                                  
                                                                                                                                
MR. MIKE KRIEBER, staff to Representative  Kohring, explained that                                                              
HB 397 would exempt the license requirement for off road bikes.                                                                 
                                                                                                                                
SENATOR  ELTON  said  there  was a  difference  of  opinion  among                                                              
attorneys  about  whether  language on  page  1  of HB  397  would                                                              
actually  allow  his  constituent   to  have  the  vehicle  rental                                                              
business.  He said  this is  a common  business  in other  tourism                                                              
destinations and would  provide an economic opportunity  for a lot                                                              
of people.                                                                                                                      
                                                                                                                                
SENATOR WARD asked if the City and  Borough of Juneau can allow it                                                              
now without a state law.                                                                                                        
                                                                                                                                
SENATOR ELTON replied that state law prevails.                                                                                  
                                                                                                                                
SENATOR  WARD  asked   Mr.  Hosack  what  he   thought  about  the                                                              
amendment.                                                                                                                      
                                                                                                                                
MR. HOSACK responded  that they would have some  concerns over it.                                                              
Anyone  operating a  motorcycle in  Alaska is  required to  have a                                                              
motorcycle  endorsement, either  M1  or M2,  the M2  is for  small                                                              
bikes under 50  cc. He would be concerned if  the amendment allows                                                              
non-residents  a  privilege  that  is not  allowed  to  residents,                                                              
especially  over the  size of  the  power of  a vehicle  and in  a                                                              
crowded   city   environment   such  as   in   some   southeastern                                                              
communities. He opposed the amendment.                                                                                          
                                                                                                                                
SENATOR ELTON said he could understand DMV's concern and stated:                                                                
                                                                                                                                
     I would  just suggest  that if  other jurisdictions  are                                                                   
     licensing  people for the  operation of these  machines,                                                                   
     we  ought to  reciprocate unless  they are  going to  be                                                                   
     here for longer than 90 days.                                                                                              
                                                                                                                                
SENATOR TAYLOR said he would object  to the amendment only because                                                              
he thought it was  covered by language on paragraph  2 on line 11.                                                              
He is  somewhat surprised  by the  response from  DMV and  thought                                                              
they might amend the legislation to include it.                                                                                 
                                                                                                                                
SENATOR WARD said part of the problem  is that some states provide                                                              
for  a  driver's license  that  authorizes  a  person to  drive  a                                                              
motorcycle, too. Those 16 year olds  from those states who come to                                                              
Alaska would be able to rent a motorcycle,  but Alaskan kids would                                                              
not because Alaska  now has dual licensing. In  Nevada one license                                                              
covers all, like it used to here.                                                                                               
                                                                                                                                
MR.  KRIEBER  said   that  all  ages  are  required   to  have  an                                                              
endorsement for motorcycles.                                                                                                    
                                                                                                                                
SENATOR TAYLOR asked what impact  this would have on stand up two-                                                              
wheelers.                                                                                                                       
                                                                                                                                
SENATOR  ELTON  replied that  his  understanding  is that  in  the                                                              
legislation  regarding  personalized  motor  vehicles  no  license                                                              
would be required and the legislation  limited the restrictions on                                                              
where they could go.                                                                                                            
                                                                                                                                
SENATOR WILKEN  clarified that under regulation  2.455, section 3,                                                              
it is legal in Fairbanks to drive  on a road if you're making your                                                              
way to a trail.  The city has a prerogative to  adopt that policy.                                                              
You  can also  ride on  a bridge  as  long as  you don't  obstruct                                                              
traffic and  obey traffic rules.  He commented, "At least  in this                                                              
city, they  can have  a 13-year old  on a snow  machine on  a city                                                              
street going to the trail and it would be legal."                                                                               
                                                                                                                                
SENATOR WARD said that is in violation of state law.                                                                            
                                                                                                                                
SENATOR ELTON  said that  he was ready  to vote on  the amendment,                                                              
which inserted on page 2, after line  7, "a person who is at least                                                              
16 years of age with a valid driver's license."                                                                                 
                                                                                                                                
SENATOR TAYLOR noted that this amendment  shifts the intent of the                                                              
bill from just off road vehicles to on road.                                                                                    
                                                                                                                                
SENATOR WARD added and to out-of-state people.                                                                                  
                                                                                                                                
SENATOR TAYLOR said  it didn't mention anything about  the size of                                                              
the vehicle.                                                                                                                    
                                                                                                                                
SENATOR  ELTON responded  that the  definition of  a motor  driven                                                              
cycle is 50 cc's or less.                                                                                                       
                                                                                                                                
SENATOR TAYLOR asked what something above 50 cc's called.                                                                       
                                                                                                                                
SENATOR ELTON replied  that would be a motorcycle  requiring an M1                                                              
qualification on the driver's license.                                                                                          
                                                                                                                                
CHAIRMAN  COWDERY asked  if the  amendment would  require a  title                                                              
change.                                                                                                                         
                                                                                                                                
SENATOR  ELTON  replied that  from  opinions  he has  received  it                                                              
works.                                                                                                                          
                                                                                                                                
SENATOR  WARD maintained  his objection  because it treats  Alaska                                                              
citizens as second class people.                                                                                                
                                                                                                                                
CHAIRMAN  COWDERY  asked for  the  vote. SENATORS  TAYLOR,  ELTON,                                                              
WILKEN voted  in favor; SENATORS  WARD and COWDERY  voted against;                                                              
and Amendment 1 was adopted.                                                                                                    
                                                                                                                                
SENATOR WARD moved  to pass SCS CSHB 397(TRA)  from committee with                                                              
individual recommendations.                                                                                                     
                                                                                                                                
SENATOR WILKEN said it is a dangerous bill.                                                                                     
                                                                                                                                
SENATOR ELTON  agreed and thought  they should spend a  little bit                                                              
of time  to figure out  how to make it  work so that  it addresses                                                              
the  safety issue  and  the different  kinds  of  uses across  the                                                              
state.                                                                                                                          
                                                                                                                                
SENATOR TAYLOR  said they wouldn't  have this bill before  them if                                                              
it weren't for a bizarre incident.  He thought that there had been                                                              
great testimony,  but it  is a complicated  subject. He  said that                                                              
watercraft  in the  Bush is  one  of our  single biggest  killers.                                                              
There were  no objections and it  was so ordered. People  will act                                                              
irresponsibly,  but he asked  how to  regulate that. He  remarked,                                                              
"We're killing more  people on snow machines than  we are by drunk                                                              
drivers  and yet we're  falling all  over ourselves  down here  to                                                              
penalize  and  pass  laws  and  do   additional  things  on  drunk                                                              
drivers."                                                                                                                       
                                                                                                                                
CHAIRMAN  COWDERY  called  for the  vote.  SENATORS  ELTON,  WARD,                                                              
TAYLOR, and COWDERY  voted in favor; SENATOR WILKEN  voted against                                                              
and the bill passed from committee as amended.                                                                                  

Document Name Date/Time Subjects