Legislature(2001 - 2002)

04/16/2002 01:38 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                 SENATE TRANSPORTATION COMMITTEE                                                                              
                         April 16, 2002                                                                                         
                            1:38 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Cowdery, Chair                                                                                                     
Senator Jerry Ward, Vice Chair                                                                                                  
Senator Gary Wilken                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Robin Taylor                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 238(STA)                                                                                                 
"An Act relating  to state safety plans, programs,  and procedures                                                              
and  to systems,  facilities,  and  infrastructure  in the  state;                                                              
exempting  from  public  inspection   as  public  records  certain                                                              
records and information relating  to state safety plans, programs,                                                              
and procedures; and providing for an effective date."                                                                           
                                                                                                                                
     MOVED CSSB 238(STA) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 397(STA)                                                                                                  
"An  Act  exempting  a  person  driving  certain  motor  vehicles,                                                              
aircraft, or  watercraft from  driver licensing requirements;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                              
SB 238  - See  State Affairs  minutes dated  1/24/02, 1/31/02  and                                                              
2/12/02.                                                                                                                        
                                                                                                                                
HB 397 - No previous action to consider.                                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Carol Carroll                                                                                                               
Department of Military &                                                                                                        
  Veterans Affairs                                                                                                              
PO Box 5800                                                                                                                     
Ft Richardson, AK  99505-0800                                                                                                   
POSITION STATEMENT: Explained the provisions of SB 238.                                                                       
                                                                                                                                
Ms. Deborah Behr                                                                                                                
Legislative and Regulations Section                                                                                             
Department of Law                                                                                                               
POB 110300                                                                                                                      
Juneau AK 99811-0300                                                                                                            
POSITION STATEMENT: Answered questions about SB 238.                                                                          
                                                                                                                                
Representative Vic Kohring                                                                                                      
Alaska State Capitol                                                                                                            
Juneau AK 99801-1182                                                                                                            
POSITION STATEMENT: Presented HB 397.                                                                                       
                                                                                                                                
Mr. Mike Krieber                                                                                                                
Staff to Representative Kohring                                                                                                 
Alaska State Capitol                                                                                                            
Juneau AK 99801-1182                                                                                                            
POSITION STATEMENT: Commented on HB 397.                                                                                      
                                                                                                                                
Ms. Mary Marshburn, Director                                                                                                    
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
3300B Fairbanks St.                                                                                                             
Anchorage AK 99503                                                                                                              
POSITION STATEMENT: Supported HB 397.                                                                                         
                                                                                                                                
Ms. Marianne Beckham                                                                                                            
SNOTRAC                                                                                                                         
3323 Wiley Post Loop                                                                                                            
Anchorage AK 99517                                                                                                              
POSITION STATEMENT: Supported HB 397.                                                                                         
                                                                                                                                
Mr. Robert Weber                                                                                                                
POB 873244                                                                                                                      
Wasilla AK 99687                                                                                                                
POSITION STATEMENT: Opposed HB 397.                                                                                           
                                                                                                                                
Mr. Lee Johnson                                                                                                                 
Fairbanks AK                                                                                                                    
POSITION STATEMENT: Supported HB 397.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-17, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
         SB 238-PUBLIC RECORDS: STATE SECURITY & SAFETY                                                                     
                                                                                                                              
CHAIRMAN JOHN  COWDERY called the Senate Transportation  Committee                                                            
meeting to  order at 1:38 p.m. and  announced SB 238 to  be up for                                                              
consideration.  Senators  Ward,  Elton, Wilken  and  Cowdery  were                                                              
present.                                                                                                                        
                                                                                                                                
MS. CAROL CARROLL, Department of  Military and Veterans, said that                                                              
Deborah Behr from the Department of Law would testify with her.                                                                 
                                                                                                                                
MS. CARROLL said  that SB 238 addresses state  security and safety                                                              
plans  and procedures.  She explained  that Section  2 deals  with                                                              
exceptions   to  Alaska's  public   records  statute.   Currently,                                                              
Alaska's  public  records  statute  is  quite  broad;  most  state                                                              
information  is available  to  the public.  Section  2 will  allow                                                              
state   agencies  to   withhold  certain   documents  in   certain                                                              
circumstances.   Section   3  pertains   to   the   Administrative                                                              
Procedures Act and  allows plans to be adopted  by Executive Order                                                              
instead of by regulation, which requires public comment.                                                                        
                                                                                                                                
CHAIRMAN  COWDERY asked  her to explain  the changes  made  in the                                                              
Senate State Affairs committee substitute.                                                                                      
                                                                                                                                
MS. CARROLL  responded that the original  bill had a  section that                                                              
allowed  the Department  of Transportation  and Public  Facilities                                                              
(DOTPF)  to have  citation authority  in  international and  rural                                                              
airports.  [Ms.  Carroll's  next   statement  was  indiscernible.]                                                              
Currently, the FAA can fine the states  for security violations at                                                              
international  airports. There  is no  easy way  for the state  to                                                              
pass  that  on  to  the  actual  violator  so  the  State  Affairs                                                              
Committee took  that out of the  bill. In addition, Section  3 was                                                              
tightened up.  Section 3 used to  apply to boards  and commissions                                                              
but  the Senate  State  Affairs  Committee  thought that  was  too                                                              
broad.                                                                                                                          
                                                                                                                                
CHAIRMAN  COWDERY asked  her to  explain the  type of  information                                                              
they are talking about.                                                                                                         
                                                                                                                                
MS. DEBORAH  BEHR, Regulations Attorney,  Department of  Law, told                                                              
members that  she is before  the committee because  she frequently                                                              
advises state agencies on the public  records act. She stated that                                                              
Section 1 of the  bill is designed to deal with  a very narrow set                                                              
of  state  records  that  deal  with   security  plans,  programs,                                                              
procedures and detailed descriptions  of state infrastructure. She                                                              
explained:                                                                                                                      
                                                                                                                                
     It  allows  those  records,   which  arguably  could  be                                                                   
     disclosed  to the  public, to  be  exempted from  public                                                                   
     disclosure. Just  because something is a  security plan,                                                                   
     it doesn't  automatically mean  that a state  agency can                                                                   
     preclude its  release into the  public. We have  to show                                                                   
     that   the   disclosure   would   interfere   with   its                                                                   
     implementation  or that it  would disclose  confidential                                                                   
     guidelines  or would  cause  a substantial  risk to  the                                                                   
     public  to do  so. The  privilege  in the  bill is  very                                                                   
     similar to  what law enforcement  privileges are  to law                                                                   
     enforcement   officers.    The   federal    Freedom   of                                                                   
     Information Act (FOIA) has a  national defense exception                                                                   
     to it. We  do not have a similar exemption  in the state                                                                   
     statute.  People who  believe  that a  state agency  has                                                                   
     unjustifiably   withheld  a  record   can  ask   for  an                                                                   
     administrative appeal  on the issue and  then ultimately                                                                   
     go to court if they need to.                                                                                               
                                                                                                                                
CHAIRMAN  COWDERY asked  her to  give an  example of  the kind  of                                                              
information that would be undesirable to be made public.                                                                        
                                                                                                                                
MS. BEHR replied that an example  might be a security system for a                                                              
state building  in which  people wearing red  badges on  a certain                                                              
day of the week were considered law  enforcement officers and were                                                              
not subject to the same level of  search as the general public. In                                                              
that case,  the badge color of the  day would not be  disclosed to                                                              
the general public.                                                                                                             
                                                                                                                                
There being  no further  discussion, SENATOR  ELTON moved  to pass                                                              
CSSB 238(STA) with  the attached zero fiscal note  from committee.                                                              
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
CHAIRMAN COWDERY announced a brief at-ease.                                                                                     
                                                                                                                                
        CSHB 397(STA)-EXEMPTIONS FROM DRIVER'S LICENSING                                                                    
                                                                                                                                
CHAIRMAN COWDERY announced HB 397 to be up for consideration.                                                                   
                                                                                                                                
REPRESENTATIVE VIC  KOHRING told members the  House Transportation                                                              
Committee sponsored  HB 397, which  exempted the requirement  of a                                                              
driver's  license  for  snow machines.  The  House  State  Affairs                                                              
Committee expanded  that exemption  to include off-road  vehicles.                                                              
He explained that  the current law defines snow  machines as motor                                                              
vehicles, so they require a driver's license.                                                                                   
                                                                                                                                
He said that last year the House  Transportation Committee invited                                                              
DOTPF to present its winter transportation  plan to the committee.                                                              
The report made  reference to various laws governing  snow machine                                                              
use, including  the law requiring  operators of a snow  machine to                                                              
have  a  driver's  license  even  on  trails.  DOTPF  published  a                                                              
brochure this last fall that spotlighted  this issue and generated                                                              
a  lot  of  publicity.  As  a  result,  the  House  Transportation                                                              
Committee filed  this bill.  He said that  he received  calls from                                                              
many parents  who did not want to  tell their children  it is okay                                                              
to break the law  by riding a snow machine; parents  who depend on                                                              
their  children to  help them  at  fishnet sights;  and Boy  Scout                                                              
leaders who  have to  tell 14 and  15 year  olds that have  passed                                                              
safety  courses  they  are  too  young  to  participate  in  these                                                              
activities.  What  he  found  more   profound  is  that  it  would                                                              
adversely affect  rural Alaskans, many  of whom don't  have access                                                              
to roads or  to a DMV office  to take a driver's license  test and                                                              
who  depend on  snow machines,  four-wheelers and  boats as  their                                                              
only means of transportation. He  said the things a person studies                                                              
to take  the driver's  license test, such  as using turn  signals,                                                              
don't necessarily  demonstrate competence or relevance  to driving                                                              
a snow  machine through  the woods  on a trail  or driving  a boat                                                              
across a lake.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  KOHRING noted that  this bill  does not  allow off                                                              
road  vehicles  to be  used  on  roadways  or highways.  It  deals                                                              
strictly  with  off  road  conditions.  The  House  Transportation                                                              
Committee  believes  that safety  is  an important  issue.  Safety                                                              
training courses  are available on  a statewide basis  through the                                                              
Trails  and  Recreation  Access   for  Alaska  (TRAAK)  Board  and                                                              
snowmobile  associations.  In  addition, there  is  also  parental                                                              
supervision.                                                                                                                    
                                                                                                                                
He said the Division  of Motor Vehicles and the  Department of Law                                                              
support this legislation.                                                                                                       
                                                                                                                                
MR. MIKE KRIEBER, staff to Representative  Kohring, added that Lee                                                              
Johnson  is the  TRAAK  Board member  who is  the  liaison to  the                                                              
SNOTRAC  Board, a  TRAAK  subcommittee that  is  focusing on  snow                                                              
machine issues.                                                                                                                 
                                                                                                                                
CHAIRMAN  COWDERY  noted he  would  be  losing  a quorum  in  five                                                              
minutes.                                                                                                                        
                                                                                                                                
SENATOR  WARD moved  to  pass CSHB  397(STA)  from committee  with                                                              
individual recommendations and its accompanying fiscal note.                                                                    
                                                                                                                                
SENATOR  ELTON  objected  to  ask  if this  bill  would  allow  an                                                              
unlicensed  person to  drive a snowmobile  on  a state highway  or                                                              
road or a municipal highway or road.                                                                                            
                                                                                                                                
REPRESENTATIVE KOHRING replied that it does not.                                                                                
                                                                                                                                
SENATOR WILKEN objected and said  he has some serious concerns. He                                                              
asked that the committee take a brief  recess and come back to the                                                              
bill as  it is a transportation  issue that this  committee should                                                              
address.                                                                                                                        
                                                                                                                                
CHAIRMAN  COWDERY remarked  that  his children  and  grandchildren                                                              
started  off  on small  "kid  cats" riding  on  a trail  with  the                                                              
family. They  would be  banned from getting  a license  because of                                                              
their age. He asked Representative Kohring to comment.                                                                          
                                                                                                                                
MR. KRIEBER answered  that one of the people who  would be calling                                                              
in today is standing  in front of a judge at  2:00 for arraignment                                                              
for receiving  a ticket for allowing  his child to operate  a "kid                                                              
cat."                                                                                                                           
                                                                                                                                
REPRESENTATIVE KOHRING clarified  that current law has been on the                                                              
books for  about 25 years,  which very  few people knew  about. It                                                              
requires  a driver's  license  for off-road  type  vehicles or  to                                                              
drive a  car or  a truck  on a  city street  or highway roads.  He                                                              
added:                                                                                                                          
                                                                                                                                
     We're just saying that we don't  think it's an apples to                                                                   
     apples comparison  - the issue of studying  material and                                                                   
     taking  a   test  to  demonstrate  competency   of  that                                                                   
     material is germane  when it comes to driving  a car and                                                                   
     a  truck on  a  city street  or highway  and  road -  is                                                                   
     germane  toward  operating a  snow  machine  out in  the                                                                   
     woods or an ATV across a swamp  or a boat across a lake.                                                                   
                                                                                                                                
He said  because there  is no  direct comparison,  this bill  will                                                              
simply remove the  off-road driver's license requirement  to clean                                                              
up the issue.                                                                                                                   
                                                                                                                                
1:59 p.m. to 2:24 p.m. - RECESS                                                                                                 
                                                                                                                                
SENATOR WILKEN said he understands  the problem they are trying to                                                              
fix, but he finds  the cure worse than the disease.  He asked what                                                              
the difference  is between  a 14-year  old driving a  four-wheeler                                                              
down a rural trail and a 14-year  old driving a pickup down a dirt                                                              
road.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  KOHRING  replied   that  there  shouldn't  be  any                                                              
difference.                                                                                                                     
                                                                                                                                
SENATOR WILKEN suggested that there  probably isn't any difference                                                              
between a  14-year old on  a four-wheeler on  a rural trail  and a                                                              
16-year old  in a pickup  driving down  a dirt road.  He expressed                                                              
concern that  this bill says it's  okay for a 14-year old  to jump                                                              
on  a snow  machine  that will  go  110 miles  an  hour and  drive                                                              
without  a license.  He thought someone  needed  to say that  they                                                              
need training to  do that. A driver's license in  our society is a                                                              
right of  passage and shows a  level of maturity. He  thought this                                                              
bill lifted  that whole statement  of personal responsibility  off                                                              
of the shoulders of the 14-year old and the parents.                                                                            
                                                                                                                                
REPRESENTATIVE  KOHRING responded that  the state doesn't  require                                                              
any training  for someone to drive  a snow machine or  an outboard                                                              
across a lake right now.                                                                                                        
                                                                                                                                
SENATOR WILKEN said  current law requires a 14-year  old to have a                                                              
driver's license  to run  a snow machine.  Without that  law, that                                                              
requirement  goes  away. He  asked  Representative  Kohring if  he                                                              
considered  limiting  this bill  by  engine  size or  age  without                                                              
lifting all responsibility so broadly.                                                                                          
                                                                                                                                
REPRESENTATIVE  KOHRING  responded   that  operating  a  motorized                                                              
vehicle on any roadway system does  require a driver's license and                                                              
the threshold  age of 16 to do  that. If they need to  address the                                                              
safe operations of  the off-highway type vehicles as  opposed to a                                                              
car or  a truck, they could  craft legislation that  would address                                                              
the issue  of requiring  standards for anyone  to meet  to operate                                                              
those  different  kinds of  motorized  vehicles.  He thought  that                                                              
would fall in  the area of recommendations that  the SNOTRAC Board                                                              
would come up with.                                                                                                             
                                                                                                                                
SENATOR WILKEN  said he was concerned  about the safety  aspect of                                                              
this legislation.                                                                                                               
                                                                                                                                
CHAIRMAN COWDERY  said he thought  they should have  some limiting                                                              
language.                                                                                                                       
                                                                                                                                
SENATOR WARD noted that his motion  was still on the floor and the                                                              
reason he supports  this legislation is that they  are not talking                                                              
about  legally  licensed  vehicles   to  be  driven  on  roads  or                                                              
secondary trails. He  said the class of vehicles  they are talking                                                              
about needs to be separate.                                                                                                     
                                                                                                                                
SENATOR ELTON  noted that  part of the  issue is whether  they are                                                              
substituting  inappropriate training. He  agrees with  the sponsor                                                              
that taking  a driving test  is probably not appropriate  training                                                              
to drive a snow  machine across Big Lake at 80 mph,  but he is not                                                              
entirely comfortable  with removing  the inappropriate  thresholds                                                              
and substituting nothing.                                                                                                       
                                                                                                                                
MS. MARY  MARSHBURN, Director, Division  of Motor  Vehicles (DMV),                                                              
thanked Representative Kohring and  Senator Ward for their support                                                              
of this  bill and  said that  DMV supports  this bill, which  will                                                              
remove a  glitch in the law  that requires a driver's  license for                                                              
off-road vehicles and others that are not designed for road use.                                                                
                                                                                                                                
SENATOR WILKEN  asked Ms.  Marshburn what  problem this  bill will                                                              
fix.                                                                                                                            
                                                                                                                                
MS. MARSHBURN said it cleans up a glitch in the law.                                                                            
                                                                                                                                
SENATOR WILKEN asked if it is an administrative problem for DMV.                                                                
                                                                                                                                
MS. MARSHBURN  replied that  it is  and the  greater issue  is for                                                              
parents and  families and  for [the  Department of Public  Safety]                                                              
that really has no or limited enforcement ability.                                                                              
                                                                                                                                
SENATOR WILKEN asked her if she agrees  that it's legal to operate                                                              
any vehicle  crossing a public highway  when going from  one trail                                                              
to another.                                                                                                                     
                                                                                                                                
MS. MARSHBURN replied  that is addressed although  she didn't have                                                              
the specific language.                                                                                                          
                                                                                                                                
SENATOR  WILKEN  asked if  a  14-year  old  could operate  a  snow                                                              
machine without any prior training.                                                                                             
                                                                                                                                
MS. MARSHBURN replied  that they could unless  the parents provide                                                              
some training.                                                                                                                  
                                                                                                                                
SENATOR  ELTON said  he was assuming  that under  current law,  if                                                              
Troopers  stop   someone  for  operating  a  snow   machine  while                                                              
intoxicated, points could be taken  against their driving license.                                                              
                                                                                                                                
MS. MARSHBURN  replied  that a DWI  applies to  operators of  snow                                                              
machines as well as cars.                                                                                                       
                                                                                                                                
SENATOR  ELTON asked  if this bill  passes, which  says you  don't                                                              
need a driver's  license, whether DMV could take  points away from                                                              
an adult  holder of a driver's  license who is caught  operating a                                                              
snow machine while intoxicated.                                                                                                 
                                                                                                                                
MS. MARSHBURN  said she believed so,  but she would have  to check                                                              
with the Department of Law.                                                                                                     
                                                                                                                                
SENATOR ELTON asked her to do that and get back to him.                                                                         
                                                                                                                                
MS. MARIANNE  BECKHAM, Chairperson, Snow Trail  Advisory Committee                                                              
(SNOTRAC)  Committee,  said  they   are  a  nine-member  committee                                                              
representing  snow-mobilers,  the  industry  and  its  groups  who                                                              
advises  the  Division   of  Parks  and  Recreation   as  well  as                                                              
administers  grants that  come  from the  snowmobile  registration                                                              
fees. She supports HB 397 because  SNOTRAC is currently working on                                                              
training  and safety  guidelines  to  present to  the  legislature                                                              
governing the  use of snowmobiles.  They are acutely aware  of the                                                              
need  for further  training and  safety  education on  the use  of                                                              
snowmobiles  and support  that  100 percent.  Over  17 percent  of                                                              
their grants  on an annual basis  are specifically for  safety and                                                              
education  programs  - including  safe  speeds,  how to  read  the                                                              
terrain,  which  safety  gear  should  be worn  and  operation  of                                                              
equipment. SNOTRAC  believes a person needs training  to operate a                                                              
snowmobile  no  matter what  age,  but  they believe  requiring  a                                                              
driver's  license is  counterproductive. There  are many  villages                                                              
throughout the state  that require some mode of  transportation to                                                              
schools or churches,  etc. other than roads and  highways. If they                                                              
are  required to  have a  driver's  license, the  state should  be                                                              
ready to substitute  some method for them to get  to school and to                                                              
church, etc. She would much rather  train them to use the vehicles                                                              
appropriately  and  added that  training  would  also extend  into                                                              
their  adult  life.  They  do  not  condone  the  illegal  use  of                                                              
motorized vehicles  on public  roadways, but  if she is  operating                                                              
her four-horse Johnson  outboard down a river, she  didn't know if                                                              
the  safety  training  that  goes with  driver's  licenses  is  an                                                              
applicable  skill. "Safety  education  is the  critical key,"  she                                                              
said, and  they want  the opportunity  to make recommendations  to                                                              
the legislature.                                                                                                                
                                                                                                                                
She  noted that  SNOTRAC is  an independent  organization and  its                                                              
opinions are  not necessarily  that of  the Department  of Natural                                                              
Resources or the Division of Parks and Recreation.                                                                              
                                                                                                                                
SENATOR  WILKEN  asked  when the  curriculum  for  their  training                                                              
program would be complete.                                                                                                      
                                                                                                                                
MS. BECKHAM replied they would meet  on Friday to have their first                                                              
discussion on  the scope of  the regulations. They  meet quarterly                                                              
and they would be ready for the next legislative session.                                                                       
                                                                                                                                
SENATOR WILKEN asked if she would  support a cubic centimeter (cc)                                                              
limit on  the vehicle,  some sort  of age limit  and some  sort of                                                              
location-specific criteria.                                                                                                     
                                                                                                                                
MS. BECKHAM  replied that she wasn't  sure about the cc  limit and                                                              
would have  to read the language.  Another possibility is  to base                                                              
it on horsepower.  She said possibly  they could word  it "outside                                                              
of public  roadways." She  also commented  that having  a driver's                                                              
license doesn't  necessarily mean  that you  are mature  and added                                                              
that what's important is the training that you get.                                                                             
                                                                                                                                
TAPE 02-17, SIDE B                                                                                                            
                                                                                                                              
MS. BECKHAM  said she  would have  to look  carefully at  what age                                                              
would truly be appropriate.                                                                                                     
                                                                                                                                
SENATOR  WILKEN asked  her what problem  this  bill, as is,  would                                                              
solve today.                                                                                                                    
                                                                                                                                
MS.  BECKHAM  replied  that  it   would  prevent  well-intentioned                                                              
parents  who  have   purchased  very  small  machines   for  their                                                              
youngsters to ride and enjoy from engaging in criminal activity.                                                                
                                                                                                                                
SENATOR WILKEN said he doesn't have  a problem with the Kiddi Cats                                                              
nor the  four-horsepowers on the  Deshkakat River. His  problem is                                                              
the state saying it's all right for  14-year olds to go 100 mph on                                                              
a snow machine  without any sort  of training. He suggests  that a                                                              
driver's  license  is  the  beginning  of  that  training  and  he                                                              
applauded their efforts  to bring about more training.  He thought                                                              
that effort could be made into some legislation.                                                                                
                                                                                                                                
MS.  BECKHAM  thanked   him  and  said  they   would  keep  people                                                              
appraised.                                                                                                                      
                                                                                                                                
SENATOR  WARD  said  he  agreed with  her  comments.  He  has  six                                                              
grandchildren; five of  them are 7 to 9 and two  are 11 years old.                                                              
Last  weekend  all five  of  them  took  turns taking  their  snow                                                              
machine to  work the  trap line  on the  Kashwitna River.  He said                                                              
they could  not put enough  laws or regulations  in place  to keep                                                              
some  people  from going  110  mph.  They can't  legislate  common                                                              
sense. His  five grandkids  work a  trap line  and enjoy  doing it                                                              
even  though two  of them  had been  hurt on  snow machines.  They                                                              
learn from it and that's part of life.                                                                                          
                                                                                                                                
MR. ROBERT  WEBER said he was  representing himself and  any other                                                              
people who had been driving on highways  that had near misses with                                                              
snow machines  and ATVs.  He doesn't  have a  problem with  people                                                              
taking their family out to do whatever  they want to do on private                                                              
property,  but  his problem  is  when  a  snow machine  crosses  a                                                              
roadway in front of a legal vehicle  driving down the road or when                                                              
one  drives  over  a  culvert  without  guard  rails  and  hits  a                                                              
pedestrian.  According to  the State  Troopers,  the snow  machine                                                              
driver didn't violate  the law. That has happened  twice there. He                                                              
said the Board is wrong and that:                                                                                               
                                                                                                                                
     This  bill   will  allow   unlicensed  drivers   on  the                                                                   
     roadways,  because under state  statute, there  are many                                                                   
     conditions  in  which  you  can  legally  drive  a  snow                                                                   
     machine  on the  roadway. By  taking  away the  driver's                                                                   
     license requirement, you can  have 15 DWIs and you could                                                                   
     still get down to the Park. You can get home legally.                                                                      
                                                                                                                                
He said another  issue is what will happen to  the federal highway                                                              
funds when  the federal government  finds out the State  of Alaska                                                              
is allowing unlicensed  drivers on the roadway  system. He stated,                                                              
"I've got  serious problems  with  snow machines  and ATVs  on the                                                              
roadway. I don't  drive my car down trails and I  don't think they                                                              
should be on roadways."                                                                                                         
                                                                                                                                
He said  he could  count 50 to  500 violations  of the law  in his                                                              
neighborhood  any weekend  of the  year. He said  the snow  mobile                                                              
drivers deliberately  try to  see how much  snow they can  pile in                                                              
his driveway. He  said he made a left-hand turn  into his driveway                                                              
once and  almost hit a  snow machine that  was passing him  on the                                                              
left from behind in the roadway.                                                                                                
                                                                                                                                
SENATOR WARD asked if he could name  a specific law that says it's                                                              
legal for a snow machine or ATV to  be on the road and asked if he                                                              
could give him the name of the Trooper who said it was a law.                                                                   
                                                                                                                                
MR. WEBER said  he could cite the  statute, 13 AAC 2.403  - Riding                                                              
Snow  Machines and  Other  Off-Road Highway  Vehicles  and 13  AAC                                                              
2.455 - Operation  on Highways and Other Locations.  He added, "It                                                              
is legal under state statute to ride  snow machines on the roadway                                                              
under certain conditions."                                                                                                      
                                                                                                                                
SENATOR WARD asked what the conditions were.                                                                                    
                                                                                                                                
MR. WEBER replied:                                                                                                              
                                                                                                                                
     You can  ride across the street,  you can ride  across a                                                                   
     four-lane highway,  you can  traverse it, but  you can't                                                                   
     ride down  the center  of the median,  but you can  ride                                                                   
     across it. If  there's a bridge, like the  Susitna River                                                                   
       Bridge on the Parks Highway, you can have your four-                                                                     
       year old kid on his Kiddi Cat riding down a lane of                                                                      
     traffic to cross the river.                                                                                                
                                                                                                                                
SENATOR WARD said he was describing  the ability to cross the road                                                              
or to  cross a  river, but  he wasn't  talking about  riding  on a                                                              
roadway.                                                                                                                        
                                                                                                                                
MR. WEBER  replied that  they are crossing  on a roadway.  He said                                                              
the Alaska State  Troopers told him that operators  can drive down                                                              
a  roadway  with  guardrails  and someone  did  that  in  Susitna,                                                              
killing a pedestrian.                                                                                                           
                                                                                                                                
SENATOR WARD said that Trooper was mistaken.                                                                                    
                                                                                                                                
MR. WEBER said he was also told by  the Palmer State Troopers that                                                              
it was  their opinion  that  it is legal  to ride  a snow  machine                                                              
without a driver's license currently.                                                                                           
                                                                                                                                
SENATOR WARD said it is legal, but not on a roadway.                                                                            
                                                                                                                                
CHAIRMAN COWDERY  said the Trooper  was wrong and he  was probably                                                              
trying to say  that you can do  that if you're crossing  a road or                                                              
river.                                                                                                                          
                                                                                                                                
MR. WEBER clarified  that the Trooper told him it  was legal for a                                                              
four-year  old  driving down  the  road  in  front of  his  house,                                                              
crossing  his  roadway because  he  was  not  required to  have  a                                                              
license.                                                                                                                        
                                                                                                                                
SENATOR WARD responded that there  is an exemption to cross a road                                                              
or a river.                                                                                                                     
                                                                                                                                
MR.  WEBER said  he  was told  it  was legal  to  drive a  machine                                                              
without a valid operator's license.                                                                                             
                                                                                                                                
SENATOR WARD said  that was correct. This bill  attempts to repeal                                                              
the driver's license  requirement, but the people  who are driving                                                              
on the road in front of his house  would still be breaking the law                                                              
with or without the license.                                                                                                    
                                                                                                                                
MR.  KRIEBER  said current  law  requires  a driver's  license  to                                                              
operate a  motor vehicle  - period. This  bill attempts  to remove                                                              
that requirement  for crossing  the road,  a river  or a  lake. It                                                              
does  not  allow  someone  to  drive down  a  road.  He  said  the                                                              
Department of Law  is aware of the accidents and  has decided that                                                              
the  driver's  license  issue  was minor  compared  to  the  other                                                              
issues.                                                                                                                         
                                                                                                                                
MR.  LEE JOHNSON,  Fairbanks Trails  and  Recreational Access  for                                                              
Alaska Board member,  said he is liaison to the  SNOTRAC Board and                                                              
that they had not taken a position  on this bill, but he supported                                                              
dropping  the license  requirement. He  thought it  was the  wrong                                                              
tool  to address  a lot  of people's  concerns  with training  and                                                              
education,  adding that  it would  be good  to have  a program  in                                                              
place to  replace the  licensing requirement  and that  people are                                                              
working on it.                                                                                                                  
                                                                                                                                
He said using horsepower language  is an uncertain remedy, because                                                              
the new  generation of  snow mobiles is  being developed  as four-                                                              
strokes. They are  a lot higher displacement,  but not necessarily                                                              
high-powered. Some  of the lowest power machines  have the highest                                                              
displacement. No amount of regulations  will address irresponsible                                                              
people who are inclined to ignore  common sense and public safety.                                                              
                                                                                                                                
He added that a snow machine that  goes 100 mph is about as common                                                              
as the  80 lb.  king salmon  and the  speed of  machines might  be                                                              
exaggerated. There are few machines  that go that fast and a small                                                              
segment of  the population that would  do it and he  would support                                                              
efforts to "reel in" that segment of the population.                                                                            
                                                                                                                                
SENATOR WILKEN  asked Ms. Marshburn  if there was any  minimum age                                                              
to take the driver's license test.                                                                                              
                                                                                                                                
MS. MARSHBURN replied 14 years old.                                                                                             
                                                                                                                                
SENATOR  WILKEN said  he  understood they  couldn't  get a  permit                                                              
until they  were 14 years  old, but he  wanted to know  if someone                                                              
could take the test at 13.                                                                                                      
                                                                                                                                
MS. MARSHBURN  said she  would have to  look at the  language, but                                                              
she didn't  think so,  because there  are other requirements  that                                                              
have to be met before the department will test an individual.                                                                   
                                                                                                                                
In reference to Senator Elton's question,  she said a DWI is still                                                              
applicable to  a snow machine operator  whether he has  a driver's                                                              
license or not.                                                                                                                 
                                                                                                                                
SENATOR ELTON thanked her for the  follow-up and noted if there is                                                              
no license  for a snow  machine operator,  that takes away  one of                                                              
the remedies  for someone  who abuses the  privilege of  driving a                                                              
snow machine. The license cannot  be revoked as punishment and you                                                              
cannot prevent  that person  from using the  machine. He  asked if                                                              
that was correct.                                                                                                               
                                                                                                                                
MS. MARSHBURN responded that the  same thing would apply to a boat                                                              
or  an airplane.  They can  be cited  and penalized  for DWI,  but                                                              
there is no license requirement in this law for those.                                                                          
                                                                                                                                
SENATOR WARD  moved to remove his  motion to move the bill  out of                                                              
committee  and   asked  for  unanimous  consent.   There  were  no                                                              
objections and it was so ordered.                                                                                               
                                                                                                                                
SENATOR WILKEN asked why, on the  page entitled, "Applicable Legal                                                              
Definitions," number 25 is there.                                                                                               
                                                                                                                                
REPRESENTIVE KOHRING replied that  they had a different version of                                                              
this bill in  the House Transportation Committee  that referred to                                                              
a different section  of the law that removes the  driver's license                                                              
requirement.  It  accomplishes  the  same  goal  of  removing  the                                                              
driver's license requirement, but  they did it in a different way.                                                              
The  vehicular  waiver area  was  in that  earlier  Transportation                                                              
version and doesn't apply to this one.                                                                                          
                                                                                                                                
SENATOR ELTON  said he wanted the  sponsor to know that  he wasn't                                                              
necessarily opposed to this bill,  recognizing the implications of                                                              
maintaining  the  requirement  that   everyone  needs  a  driver's                                                              
license. He was not prepared to make  up his mind today. He wanted                                                              
to talk  to the  Troopers and the  Department of  Law to  see what                                                              
kinds of discretions they are exercising now.                                                                                   
                                                                                                                                
REPRESENTATIVE KOHRING said he had  a gentleman to testify, but he                                                              
is standing before a judge on arraignment  right now on this exact                                                              
issue.                                                                                                                          
                                                                                                                                
SENATOR  ELTON said  he was more  interested in  hearing from  the                                                              
Troopers  and the  Department  of  Law and  how  this affects  the                                                              
recreational  as well  as the  lifestyle users  of these  machines                                                              
than from someone who has been charged.                                                                                         
                                                                                                                                
SENATOR WILKEN  said if  they are writing  tickets for  people who                                                              
are safely operating  Kiddi Cat snow machines,  there is something                                                              
wrong.                                                                                                                          
                                                                                                                                
SENATOR WARD said that's what's happening.                                                                                      
                                                                                                                                
CHAIRMAN  COWDERY said  he intended  to bring  this bill back  and                                                              
asked the sponsor to work with Senator Wilken on his concerns.                                                                  
                                                                                                                                
SENATOR ELTON asked the SNOTRAC people, if they develop any                                                                     
suggestions at their Friday meeting, to get them to the                                                                         
committee.                                                                                                                      
                                                                                                                                
COWDERY said he thought something needs to be done on this issue                                                                
and hoped they would work together and adjourned the meeting at                                                                 
3:20 p.m.                                                                                                                       

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