Legislature(2001 - 2002)
02/21/2002 01:15 PM House TRA
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
February 21, 2002
1:15 p.m.
MEMBERS PRESENT
Representative Vic Kohring, Chair
Representative Beverly Masek, Vice Chair
Representative Scott Ogan
Representative Drew Scalzi
Representative Peggy Wilson
Representative Mary Kapsner
Representative Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 397
"An Act exempting a person driving a snowmobile from driver
licensing requirements."
- MOVED CSHB 397(TRA) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 397
SHORT TITLE:SNOWMOBILE DRIVERS' LICENSING EXEMPTION
SPONSOR(S): TRANSPORTATION
Jrn-Date Jrn-Page Action
02/08/02 2183 (H) READ THE FIRST TIME -
REFERRALS
02/08/02 2183 (H) TRA, STA
02/21/02 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
MIKE KRIEBER, Staff
to Representative Vic Kohring
Alaska State Legislature
Capitol Building, Room 24
Juneau, Alaska 99801
POSITION STATEMENT: As committee aide, presented HB 397 on
behalf of the House Transportation Standing Committee sponsor.
JIM JANSEN (ph)
(No address provided)
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of HB 397.
NANCY HILLSTRAND
(No address provided)
Homer, Alaska
POSITION STATEMENT: Testified on HB 397 and said that it could
be used to educate youth on safety.
JACK CAMPBELL, Mat-Su Motor Mushers
1830 East Parks Highway
Wasilla, Alaska 99654
POSITION STATEMENT: Testified in favor of HB 397.
ROBERT WEBER
P.O. Box 873244
Wasilla, Alaska 99687
POSITION STATEMENT: Testified on HB 397 saying that
snowmachines and cars do not mix.
NANCY WEBB, Assembly Member
Fairbanks Northstar Borough
P.O. Box 71267
Fairbanks, Alaska 99707
POSITION STATEMENT: Testified on HB 397, expressing her wish to
curb some of the behavior of the few snowmachine users who are
ruining it for the many.
MARK MEW, Deputy Chief
Anchorage Police Department
Municipality of Anchorage
4501 South Bragaw Street
Anchorage, Alaska 99507
POSITION STATEMENT: Testified on HB 397 on behalf of the
Anchorage Police Department, saying that he did not want the
wrong message to be sent by the bill.
STAN JUSTICE
1750 Reed Circle
Fairbanks, Alaska 99709
POSITION STATEMENT: Testified on HB 397 that something must be
done to reduce the number of deaths and injuries from
snowmachines.
ROGER BURNS
2559 Dale Road
Fairbanks, Alaska 99709
POSITION STATEMENT: Testified in support of HB 397.
PAT CARLSON
(No address provided)
Kodiak, Alaska
POSITION STATEMENT: Testified on HB 397.
MARY MARSHBURN, Director
Division of Motor Vehicles (DMV)
Department of Administration
3300B Fairbanks Street
Anchorage, Alaska 99503
POSITION STATEMENT: Testified on HB 397 on behalf of the DMV.
MARK WILKE, Treasurer
Juneau Snowmobile Club
4300 University Drive
Juneau, Alaska 99801
POSITION STATEMENT: Testified in support of safety education
and HB 397.
JIM STRATTON, Director
Division of Parks and Outdoor Recreation
Department of Natural Resources
550 West 7th Avenue, Suite 1380
Anchorage, Alaska 99501-3561
POSITION STATEMENT: Testified on behalf of the department on HB
397, saying he had no problem with the original bill but had
some reservations about Version C.
ACTION NARRATIVE
TAPE 02-3, SIDE A
Number 001
CHAIR VIC KOHRING called the House Transportation Standing
Committee meeting to order at 1:15 p.m. Members present at the
call to order were Representatives Ogan, Scalzi, Wilson,
Kapsner, Masek, and Kohring. Representative Kookesh joined the
meeting as it was in progress.
HB 397-SNOWMOBILE DRIVERS' LICENSING EXEMPTION
CHAIR KOHRING said that the matter before the committee was
HOUSE BILL NO. 397, "An Act exempting a person driving a
snowmobile from driver licensing requirements." He said the
bill was the result of the "discovery" of a licensing
requirement that many people did not know about. He said that
he did not feel that it is a necessary government function to
require a driver's license to operate a snowmachine, especially
in rural areas of the state.
Number 030
MIKE KRIEBER, Staff to Representative Vic Kohring, Alaska State
Legislature, presented HB 397 on behalf of the House
Transportation Standing Committee, sponsor. He said the
Department of Transportation [and Public Facilities] (DOT&PF)
presented its draft version of the "Winter Transportation Study"
in the previous year. The study was concerned with the off-road
uses of vehicles - primarily snowmachines. Mr. Krieber said it
was begun as a micro-study, focused on the Fairbanks area, and
dealt primarily with snowmachine use. The study quickly
expanded to a statewide scope.
MR. KRIEBER told the committee that the study found many people
were not well apprised of the law on the topic. The study
states that snowmachine operators are required to have a vehicle
driver's license to operate on roadways, as well as any public
properties, including lands and waters.
MR. KRIEBER said that there was additional testimony heard in
the previous year for other bills relating to airplane safety
equipment. It became evident that operation of an airplane
requires a driver's license in addition to a pilot's license.
Mr. Krieber made reference to a recent headline story in the
Anchorage Daily News that said a person needs a driver's license
to drive a snowmachine. Mr. Krieber said these revelations
showed a large number of people in the state was not legally
able to operate snowmachines. He gave the examples of persons
under the age of 16 and rural residents who do not drive cars or
have Department of Motor Vehicles (DMV) offices at hand,
characterizing both groups as ones that will be affected.
MR. KRIEBER said the bill was filed as a snowmachine driver's
license exemption. He said the original bill adds one line
including snowmachines in the statute that lists exemptions to
driver's license requirements.
Number 075
MR. KRIEBER said the exemption does not address the other issues
such as the use of ATVs, airplanes, and boats. He said if an
exemption is not listed, then it is a requirement. He gave the
examples of motorized wheelchairs and the IT [a new form of
motorized, personal transportation] that would not be exempted
from the driver's license requirement. He said instead of
listing all of the exemptions, a proposed committee substitute
(CS) was submitted for the committee's consideration.
MR. KRIEBER said the proposed CS would eliminate the need for a
driver's license for any type of motor vehicle that would be
operated on any area other than a highway. He alluded to the
definition of "highway" in AS 28.40.100, which reads:
(11) "highway" means the entire width between the boundary
lines of every way that is publicly maintained when a part
of it is open to the public for purposes of vehicular
travel, including but not limited to every street and the
Alaska state marine highway system but not vehicular ways
or areas;
He said if the committee wished to change the word "highway" to
"roadway" - the road surface - he had an amendment prepared that
would allow the use of off-road vehicles alongside the highway
without a driver's license. He clarified that the current law
prevents the use of [motorized vehicles] alongside the road
within right-of-way boundaries without a driver's license.
Number 113
REPRESENTATIVE OGAN moved to adopt the proposed CS, version 22-
LS1448\C, Ford, 2/12/02, as the working document. There being
no objection, Version C was before the committee.
Number 118
REPRESENTATIVE WILSON moved to adopt the aforementioned
amendment [amendment 1], changing the word "highway" to
"roadway" on page 1, line 5, of Version C.
CHAIR KOHRING said he understood the intent behind the amendment
was to allow "vehicular use along roadways without requiring a
license."
Number 125
CHAIR KOHRING asked if there were any objections to the adopting
the amendment. There being none, [Amendment 1] to Version C was
adopted.
Number 135
REPRESENTATIVE SCALZI mentioned watercraft, other ATVs, and
aircraft. He asked if those vehicles would be included under
the driver's license requirements.
MR. KRIEBER said they would be included in the definition of
"motor vehicles." He added that the way Version C is drafted
with the amendment, to operate any type of motor vehicle off of
the road surface would not require a driver's license.
REPRESENTATIVE OGAN asked if there would be any age limit
[imposed on the use of a motorized vehicle]. He expressed
concern that parents should not allow very young children to use
dangerous machinery.
Number 170
CHAIR KOHRING said that he was going to bring that issue before
the committee. He said it was his personal opinion that it
should be a matter of parental guidance and control, but he
added that the committee could address an age limit in the bill
if it so wished.
Number 173
REPRESENTATIVE WILSON asked what the bill would cover. She said
in her area, the town has no more than 12 miles of road. Beyond
the 12 miles of road there are logging roads. She asked if
children under the age of 16 would need to have their parents
drive them out to these logging roads and pick them up in order
for them to use their off-road vehicles under the legislation.
MR. KRIEBER said that if they were public lands, the legislation
would lift the driver's license requirement alongside the
roadway. If vehicles were to be operated on the road surface, a
driver's license would be required.
Number 193
REPRESENTATIVE KOOKESH said that until there are large amounts
of public complaint about underage drivers on the road, it is
"not a problem" and it need not be discussed. He said, "Nobody
has complained yet."
Number 200
REPRESENTATIVE MASEK said Alaska has many families that live an
outdoor lifestyle. She said a great deal of parents take time
to teach their children the proper use of machinery. She said
she knew many children that were better at handling some of the
vehicles mentioned than a number of adults. She said that the
use of [snowmachines and ATVs] is a tradition in the state, and
that parents should be given the responsibility to make the
decision of when their children are old enough to operate them.
She concurred with Representative Kookesh's assertion that since
there has not been an outcry from the public on the matter, it
is not a large problem.
REPRESENTATIVE KOOKESH posited that snowmachines and ATVs can be
as expensive as [cars]. He said that parents are very careful
to make sure that such an expensive investment is not misused.
REPRESENTATIVE OGAN said that his son once had an off-road
motorcycle and he did not "think for a minute that he wasn't
crazy with it." He said he was not naive enough to think that
all kids are using equipment in a responsible manner.
REPRESENTATIVE KAPSNER said that the bill should have a negative
fiscal note due to the fact that a "roving DMV" would be very
expensive.
Number 266
JIM JANSEN (ph) testified via teleconference. He said that his
20-year-old son has epilepsy and is not able to get a driver's
license. His son's favorite recreation is riding snowmachines
with his family. Mr. Jansen said that he and his family usually
ride in the mountains off of the road and rarely even see
others. He said he could not see how licensing would provide
any more safety in his son's case. He said he did not think it
right to require his son to be an outlaw in order to enjoy his
favorite pastime. Mr. Jansen said he believes snowmachine
riding is a great family outdoor activity and a great sport.
Number 300
NANCY HILLSTRAND testified via teleconference. She said that
she was looking at the issue as one of safety. She said the
bill was something that could be transformed into an educational
opportunity. Ms. Hillstrand told of an accident she endured
because of "two kids on a snowmobile that were going probably at
least 80 miles an hour." She said they are lucky to be alive
because she "could have easily creamed them."
MS. HILLSTRAND said this is a common occurrence because people
come from the sides of the road, out onto the road in order get
to the other side or because it is faster on the side of the
road. She agreed that parents should be responsible, but asked
if that was always the case. She proposed a certificate system
tied in with education about safety, trespassing, and vandalism
issues. She gave examples of stories in the Anchorage Daily
News where snowmachines were involved in mishaps. She said the
bill could be used for "something good" [such as education]
instead of "just a fuzzy feeling" of providing a recreational
opportunity to the people. She said the bill should be used as
an opportunity and "a tool."
Number 341
REPRESENTATIVE MASEK referred to a bill recently passed that
required the collection of a fee upon the registration of
snowmachines. The monies go to the Department of Natural
Resources and are then disbursed as grants to individuals,
groups, and nonprofit agencies in order to mark and groom trails
and to provide education. She said a group in the Matanuska -
Susitna area put on a four-hour safety course and sold helmets
for $25. She said that great strides are being made with regard
to the issue of safety education in the many facets of
snowmachining.
REPRESENTATIVE MASEK said that Version C is not a safety bill
but rather a question of "who is legal and who isn't."
Number 388
REPRESENTATIVE KAPSNER said that she saw two different classes
of snowmachine users in the state. She said many users in urban
Alaska use snowmachines for sport. She said most rural
snowmachine users utilize them for transportation and in
hunting. Representative Kapsner pointed out that many
municipalities have codes for ATVs and how they are to be used
on roads. She advised Nancy Hillstrand to talk with her
assemblymen about snowmachines on the road. She said that a
statewide approach might not be a wise approach because of the
differing kinds of use.
Number 405
REPRESENTATIVE SCALZI said snowmachine use in the right-of-way
is illegal by City of Homer City Kenai Peninsula Borough
ordinance. He said that whether the riders of the snowmachine
are above or below 16, riding on the road is illegal.
REPRESENTATIVE KAPSNER added that the school district could also
be a good conduit of information as to what is legal and what is
illegal with regard to snowmachine and ATV use.
Number 429
JACK CAMPBELL, Mat-Su Motor Mushers, testified via
teleconference. He said the existing law is "extremely
inapplicable" to off-road vehicles and that it was also
unenforceable. He said there is room for improvement in the
area of safety for off-road vehicle operation. He said the
existing law will cause a great reduction in family recreation
if enforced. He supported the bill.
Number 441
ROBERT WEBER testified via teleconference that, "Snowmachines
and cars don't mix." Crossing roadways and driveways requires a
driver's license under existing law. He said under the bill,
roadways and driveways must be crossed - "which constitutes a
driver's license."
MR. WEBBER asked, "What constitutes an off-road vehicle?" He
asked if he could drive his four-wheel-drive truck down the side
of the road without a driver's license under the new bill. He
said the state differentiates between urban and rural areas
regarding auto insurance. He asked why the same could not be
done for "snowmachines and the requirements there." He
suggested tying a driver's license requirement to where
automobile insurance is required. [He referred to 13 AAC
02.487. DRIVING ON SIDEWALK, and 13 AAC 02.430. APPLICABILITY
OF REGULATIONS; PARENTAL RESPONSIBILITY, subsection (b).] He
said snowmachines and cars need to be kept separate.
Number 464
CHAIR KOHRING said it was brought to his attention that there
are existing regulations that permit snowmachines and off-road
vehicles to cross roads and highways.
MR. KRIEBER cited 13 AAC 02.455 and said it addresses
snowmachine use and special rules for off-highway vehicles. He
said the particular regulation is entitled "OPERATION ON
HIGHWAYS AND OTHER LOCATIONS". He said there are details of
where crossings can be made. Mr. Krieber surmised that
crossings of roadways are allowed for off-road vehicles.
Number 476
NANCY WEBB, Assembly Member, Fairbanks Norhthstar Borough,
testified via teleconference. She said there is a high level of
concern in the Fairbanks area, and she said that concern was
part of the reason the "Winter Transportation Study" originated
there. She said she could understand how the license
requirement would seem absurd to rural residents, but she said
she had concerns about unsupervised children using high-speed
motor vehicles. She said it is a risk to people other than just
the children themselves such as trail users. Ms. Webb said
people are beginning to resent snowmachine use because of
youth's "dangerous antics," trespassing through yards, and
"becoming a tremendous annoyance." Ms. Webb said she only
thought that it was a few, giving a bad name to the many
snowmachine riders who are also her constituents.
MS. WEBB asked that the legislature "add some tool" to their
removal of the license requirement that would send a message to
the children who are causing the problem, and their parents.
She proposed confiscating a vehicle until the end of "the
season." She also offered that it may be necessary to forfeit
vehicles after repeated offenses.
Number 511
REPRESENTATIVE KAPSNER asked what was prohibiting the Fairbanks
assembly from addressing the issue at the local level.
MS. WEBB said that she was told by the troopers that boroughwide
standards would have to be in place to implement her penalties
for infraction. She said that the legislature would have to
give the borough authority to enforce a boroughwide standard.
REPRESENTATIVE KAPSNER said that she could sympathize with Ms.
Webb's concerns but added that in rural Alaska, children become
adults very quickly. She said life in rural Alaska is like that
on many farms where children must help with the work of daily
life and that this work often requires the use of snowmachines
and like vehicles. She said that young people in rural Alaska
should not be penalized for "a few people in urban Alaska."
MS. WEBB said that there are responsible youth riders [in the
Fairbanks area], and that only a few people are causing trouble.
Number 532
REPRESENTATIVE KOOKESH said Ms. Webb's concerns sound like
another matter than the one being addressed by the bill. He
said that he was for a legislative process that would give
municipalities the power to act, but not in this legislation.
Number 542
MARK MEW, Deputy Chief, Anchorage Police Department,
Municipality of Anchorage, testified via teleconference. He
said the issue sounds like more of a rural issue than an urban
issue. Anchorage has a local ordinance that prevents the
operation of snowmachines and other off-road vehicles on roads.
He said that the Anchorage Police Department can already impound
the machines and cite users for offenses other than driving
without a license.
MR. MEW said he understands the situation in rural Alaska is
different from the one in Anchorage, but he expressed his
concern about making a statement that it is all right for
children to operate this type of equipment with no further
guidance or control. He said that he would not bank on parental
guidance to keep children safe when they are riding a vehicle
capable of speeds in excess of 80 miles per hour. He said the
issue should be looked at beyond just the scope of snowmachines,
and he asked that all recreational vehicles be considered. He
suggested something akin to a hunter safety course that would
give them proper safety training. He said there will be tragic
results if "we just throw open the doors on this issue."
Number 577
REPRESENTATIVE KOOKESH pointed out that there are 85 communities
in rural Alaska without any form of law enforcement. He said
there should be a statewide police presence before there is talk
of statewide enforcement issues.
Number 594
TAPE 02-3, SIDE B
STAN JUSTICE testified via teleconference. He said he had
recently helped in recovering the bodies of a 13-year-old girl
and her father after they had been killed by a collapsing
cornice above Summit Lake. He said HB 397 is "a simple fix to a
complex problem, and it may make matters much worse." The last
six years have seen a dramatic rise in the rate of snowmachine
accidents. He said that the rate of snowmachine deaths has gone
up from 13 in 1996, to 32 last year. Injuries are on the rise
as well.
MR. JUSTICE said that there are snowmachines in many areas of
Fairbanks. He said that many snowmachine drivers have lost
their driver's licenses for drinking and driving. They drive
their snowmachines because they know there is no enforcement.
He said three of last year's snowmachine deaths were children
less than 15 years of age.
MR. JUSTICE called for strong snowmachine laws such as age
limits, speed limits, restrictions on where they can go, a way
to identify both machine and rider, as well as a police force
capable of enforcing those laws. He said if the Bush does not
want such laws, that the legislature should write exemptions
like the license plate exemption. Mr. Justice asked the
committee to go back to the drawing board and write
comprehensive snowmachine legislation. He characterized HB 397
as "throwing the baby out with the bathwater." He said to
remove the age limit in the face of such high death and accident
rates was irresponsible.
Number 567
REPRESENTATIVE SCALZI asked Mr. Justice if he believed no one
under 16 should be able to operate a snowmachine.
MR. JUSTICE said that he thought the legislature should consider
what to do about the situation.
REPRESENTATIVE SCALZI asked what percentage of the number of
deaths Mr. Justice had mentioned earlier were children under the
age of 16.
MR. JUSTICE said that he only had the figure of the three under
the age of 15 but was not sure of the others.
Number 552
ROGER BURNS testified via teleconference. He characterized the
bill as a good thing and added that the amendments clean it up a
great deal. This bill would "restore the status quo." He
agreed that there are a lot of snowmachine related problems that
need to be addressed, but he said this bill is not the place to
do it. The bill does not close the door on future legislation.
He characterized the bill as a "necessary first step" so that
snowmobilers, airplane pilots, and wheelchair operators are not
turned into outlaws. He gave his support to the bill.
Number 526
PAT CARLSON testified via teleconference. He said that
snowmachines in Kodiak were not as much a problem as four-
wheelers. He said this bill would be good in concert with the
legislature's giving municipalities the abilities to license,
control, and register these vehicles through the ordinance
process. He said that there are different situations in both
rural and urban Alaska, and that these areas should have the
flexibility to deal with their unique problems. He said he
would like to participate in the bill's moving forward.
Number 507
MARY MARSHBURN, Director, Division of Motor Vehicles (DMV),
Department of Administration, testified via teleconference. She
said there is a law on the books requiring a driver's license
for all of the off-road vehicles that had been mentioned, but
she added that there had not been any overt action on behalf of
the division or the state to require a driver's license. She
said that the law has evolved over the past 30 years, and today
there is a "circumstance" on the books without the state's
having acted to bring it about.
MS. MARSHBURN said that the division recognizes an "off-road
vehicle uniqueness" for Alaska; off-road vehicles form a
necessary part of everyday life in a large portion of the state.
She said that in much of the state, "there is no public safety;
there is no DMV, even with a licensing requirement." She said
that her division is also mandated to be concerned about the
safety of the driving public. Speaking to that, the bill, and
the proposed CS, she said there is a classification for vehicles
that are defined as off-road vehicles. She said that the
equipment is different from that of "traditional road vehicles"
and that they do not meet federal standards for road vehicles.
The off-road vehicles are not permitted to travel roads except
in special circumstances - most of them related to crossing the
road. She said local jurisdictions can, and do, allow off-road
vehicles to travel on the roads of that jurisdiction. That
provision leaves it to the municipality to determine what to do.
MS. MARSHBURN said that once a vehicle enters the roadway it
must comply with the rules of the road. The operator can be
cited for noncompliance with the rules of the road, whether
licensed or not. She said these things would not change if the
bill passes.
Number 464
MS. MARSHBURN said she had a bit of hesitation with some of the
language in the proposed CS, specifically with [lines 5-6],
removing "VEHICULAR WAY OR AREA, OR OTHER PUBLIC PROPERTY IN
THIS STATE". She said this language might open the overall
driver licensing law to weakening. She said removing that
language might lend itself to a situation in which a citation
for a violation in a "Sears parking lot" or on public property
would not be held up in court because a driver's license was not
required.
Number 447
MS. MARSHBURN said she would like the opportunity for legal
staff to look at the proposed CS because she had some
reservations about it. She said the bill itself - before the
proposed CS - was a "cleaner way" to deal with the situation.
She said the original bill would simply exempt off-road vehicles
from the driver licensing law. She asked that all off-road
vehicles be treated consistently, if that was the route to be
taken by the committee.
Number 436
MS. MARSHBURN brought up the issue of off-road safety education.
She characterized it as a very valid issue and called for its
discussion and consideration. She said a number of states do
not regulate or license snowmachines. Some states require a
driver's license, but no state requires a "snowmobile license."
She said some states have safety education programs for young
operators of snowmachines. She said that safety education might
be a topic worthy of more information and discussion "away from
this bill."
Number 412
MARK WILKE, Treasurer, Juneau Snowmobile Club, testified before
the committee. He had his son Dexter with him. He told the
committee that his son had been snowmachining since he was 11
and that he was always very safe. Mr. Wilke said that snow
machining allows him to share a great deal with his son. It
allows them to do something together in the outdoors. He said
the bill would allow them do enjoy their pastime legally.
MR. WILKE said that he agreed that the safety issue was a big
problem in the state. He said that too many people are being
killed - mostly by avalanches. He proposed raising the
snowmobile registration fees by $10 and using that money to fund
a comprehensive snowmobile safety and avalanche education
program. He suggested that the monies could be transferred to
the Division of Parks and Outdoor Recreation so that it could
hire a full-time snowmachine safety person. He said most
snowmachine users in the state that he had talked to are in
support of such a fee.
Number 381
REPRESENTATIVE SCALZI asked if he would like to see the
education program as a voluntary or mandatory one.
MR. WILKE said that the thinking among snowmobilers is it
probably should be voluntary. He said that for young children,
however education should be mandatory.
Number 364
REPRESENTATIVE KOOKESH asked Mr. Wilke how he would implement
such a mandatory program in rural Alaska. He said the safety
concerns are legitimate and should be addressed, but he added
that this is not a safety bill.
MR. WILKE said he believed the program should be carried out in
the schools. He gave the example of hunter safety education
program he went through as a youth in Oregon.
REPRESENTATIVE KOOKESH asked Mr. Wilke if he thought it could be
done without making it mandatory.
MR. WILKE said that he would like to see it mandatory because
snowmachines are taking a great deal of "negative press." He
said making it mandatory might reduce some of the pressure on
snowmachine users.
REPRESENTATIVE KOOKESH said he would support a mandatory program
for "sports people."
REPRESENTATIVE MASEK told the committee about a pamphlet offered
by the state, "Common Sense About Snowmobiling," and said that
it was available at State Trooper posts throughout the state.
She said that snowmachine manufacturers also provide safety
information. She said snowmachining is undergoing a period of
increased popularity throughout the state. She said that there
are many uses for snowmachines throughout the state including
racing, sport use, pleasure and recreation, and transportation.
She agreed with Representative Kookesh and said that this is an
issue of law. She said the bill should be concerned with making
sure that people are not breaking the law. She suggested
dealing with safety issues at another time with a different
piece of legislation.
MR. WILKE said he supports the bill very much.
Number 299
JIM STRATTON, Director, Division of Parks and Outdoor
Recreation, Department of Natural Resources, testified before
the committee. He said the division is interested in the
educational opportunities brought forward by the legislation.
He said the division instituted a program called the Snowmobile
Trails Advisory Committee (SnoTRAC) - of which Mr. Wilke is a
member - from the monies that were taken from the fee
Representative Masek had talked about earlier. He said one
thing that came from the "DOT Winter Transportation Study" was
other rules and regulations. He said that the department asked
if the SnoTRAC board would look at all of those issues and find
out where snowmachine users stood on them. He said education
was a big issue in that regard.
Number 280
MR. STRATTON said that whether it is mandatory versus voluntary,
age requirements, and urban-versus-rural regulations are all
things that must be grappled with by the SnoTRAC board. He said
the division is waiting for that process to bring some consensus
from the snowmobile community statewide, and that the division
would play a role in delivering an education program. He said
there are great education programs for snowmachine use in
existence at the present time. He gave the example of the
Fairbanks Police Department's program that is delivered through
the school system. He said he envisions the department's role
as being the "maypole" around which good ideas can be shared
with the rest of the state.
Number 257
REPRESENTATIVE MASEK asked Mr. Stratton if he supported the
proposed CS.
MR. STRATTON said that he had no problem with the original bill
but said he had some reservations about the language in the
proposed CS. He said specifying that someone does not need a
driver's license to operate an off-highway vehicle is a cleaner
way to approach the problem, but he said there would still be
concerns about the under-16 riders.
Number 228
DOUG McBRIDE testified via teleconference. He said he is an
assistant scoutmaster for a Boy Scout troop in Eagle River. He
said a large part of his scout program is teaching responsible
use of the outdoors. Within this is snowmachining. He said
that his group takes trips on snowmachines with an age limit of
13 or older. All involved in the trip - both adults and scouts
- are required to attend a safety training course at Fort
Richardson.
MR. McBRIDE said that he was in the process of planning this
year's trip when the licensing requirement came to light. This
year, those scouts without a driver's license will not be
allowed to go. He said the licensing requirement is needlessly
restricting opportunities. He said he was in strong support of
the bill as well as issue-specific solutions, such as training.
Number 162
REPRESENTATIVE SCALZI moved to report CSHB 397, version 22-
LS1448\C, Ford, 2/12/02, as amended, out of committee with
individual recommendations and a zero fiscal note. He said that
there had been a lot of good dialogue about the bill. He said
he did not feel that many of the safety issues should be
addressed by the bill, and holding the bill up to make it
resolve some of them would be wrong. He said the bill was
intended to "make people legal."
Number 142
REPRESENTATIVE MASEK referred to line 5, page 1 of the proposed
CS, where the committee had changed "highway" to "roadway". She
asked what would happen if "roadway" were put in and "vehicular
way or area" were kept in.
Number 125
MR. KRIEBER said he thought it a great idea and said it would
serve to address many of DMV's concerns. He said the public
property issue was the driving force behind the proposed CS and
that it would still be deleted from the language.
Number 119
REPRESENTATIVE SCALZI withdrew his motion to move the proposed
CS out of committee.
Number 111
REPRESENTATIVE MASEK made a motion to move Amendment 2, on lines
5-6, to remove the two [brackets] and add back into the bill,
"vehicular way or area, or other public property in this state".
CHAIR KOHRING asked if it was Representative Masek's intent to
extract "vehicular way or area" and not the entire portion.
REPRESENTATIVE MASEK said that "or other public property in this
state" could be left out.
MR. KRIEBER said the committee was "doing double negatives," and
that he wanted to make it clear that "we are exempting the need
for a driver's license requirement from public property." He
clarified that Amendment 2 would remove the bracket on line 5
after "roadway" - Amendment 1 - which would then leave
"vehicular way or area" and then place a bracket on line six
after the comma following the word "area". Deleted out of the
existing law would be "or other public property in this state".
Number 054
REPRESENTATIVE SCALZI expressed his concern that all other
vehicles be included "except for cars and et cetera, et cetera."
MR. KRIEBER said that the definition of motor vehicle includes
all of the things Representative Scalzi had discussed.
Number 047
CHAIR KOHRING asked if there were any objections to the
amendment, there being no objection, Amendment 2 was adopted.
Number 041
REPRESENTATIVE SCALZI moved to report CSHB 397, version 22-
LS1448\C, Ford, 2/12/02, as amended, out of committee with
individual recommendations and a zero fiscal note.
There being no objection, CSHB 397(TRA) was moved out of the
House Transportation Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 2:45
p.m.
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