02/24/2009 01:00 PM Senate TRANSPORTATION

                SB  59-LOW- SPEED MOTOR VEHICLES                                                                            
                                                                                                                                
1:15:11 PM                                                                                                                    
CHAIR KOOKESH  announced the consideration  of SB 59.  He recapped                                                              
that  during  the  first  hearing   the  administration  expressed                                                              
concern  about  certain  parts  of  the  bill  and  he  asked  the                                                              
sponsor's office to work with DOTPF to find a compromise.                                                                       
                                                                                                                                
1:15:23 PM                                                                                                                    
DARWIN  PETERSON,  Staff  to  Senator   Stedman,  said  they  took                                                              
direction from the Chair and worked on a committee substitute.                                                                  
                                                                                                                                
CHAIR  KOOKESH  asked   for  a  motion  to  adopt   the  committee                                                              
substitute (CS).                                                                                                                
                                                                                                                                
SENATOR  MENARD moved  to  adopt the  CS for  SB  59, labeled  26-                                                              
LS0280\S,  as the  working  document.  There being  no  objection,                                                              
version S was before the committee.                                                                                             
                                                                                                                                
MR. PETERSON explained  that Section 1 maintains  the existing law                                                              
prohibiting  low-speed  vehicles to  operate  on  highways with  a                                                              
posted speed  of 35 miles  an hour or  higher. "It's still  an opt                                                              
out  for municipalities  if they  choose  not to  allow that,"  he                                                              
said. Section  2 adds a new  subsection to allow the  operation of                                                              
low-speed vehicles  on highways with a maximum posted  speed of 45                                                              
miles an  hour: in municipalities  that have a population  of less                                                              
than  25,000; that  are  not connected  by  road  to Anchorage  or                                                              
Fairbanks;  and  that  have  passed  an  ordinance  to  allow  the                                                              
operation of low-speed vehicles.                                                                                                
                                                                                                                                
CHAIR KOOKESH asked to hear from the administration.                                                                            
                                                                                                                                
1:18:03 PM                                                                                                                    
ROGER  HEALY, Chief  Engineer, Division  of  Design &  Engineering                                                              
Services,  Department   of  Transportation  &   Public  Facilities                                                              
(DOTPF)  and  Kurt  Smith,  Traffic  and  Safety  Engineer,  DOTPF                                                              
introduced themselves.                                                                                                          
                                                                                                                                
MR.  HEALY  said his  earlier  testimony  touched on  the  concern                                                              
about differences  in mean  speed and the  new CS addresses  that.                                                              
"By   all    accounts   it    maintains   existing    law   within                                                              
municipalities,"  he added.  With  respect to  the current  draft,                                                              
DOTPF continues  to have concern  about where the bill  intends to                                                              
go,  so   they  asked  the  Department   of  Law  to   provide  an                                                              
interpretation.  DOTPF reads Section  2, subsection (d)(1)  to say                                                              
that  areas of  the state  outside of  municipalities would  allow                                                              
low-speed vehicles.  Under that  reading low-speed vehicles  would                                                              
be allowed  within the contiguous  road system of  Delta Junction,                                                              
Nenana and  Glennallen, and DOTPF does  not promote a mix  of low-                                                              
speed  vehicles  and  high-speed   vehicles  in  those  areas.  He                                                              
suggested  that  a  minor  modification   to  the  language  could                                                              
address  that concern.  He doesn't  believe it  was the  drafter's                                                              
intent to include those areas.                                                                                                  
                                                                                                                                
CHAIR KOOKESH  asked if he  brought that  to the attention  of the                                                              
sponsor or the drafter.                                                                                                         
                                                                                                                                
MR. HEALY  replied it  was mentioned  in a  phone call  early this                                                              
morning.                                                                                                                        
                                                                                                                                
CHAIR  KOOKESH  asked if  the  department  would support,  or  not                                                              
oppose, the bill if that modification were made.                                                                                
                                                                                                                                
1:20:45 PM                                                                                                                    
MR. HEALY replied  they would be more comfortable  if the language                                                              
in  subsection  (d) in  Section  2  contained  the same  "may  not                                                              
operate" language  that is contained in subsection  (b) in Section                                                              
1.  DOTPF basically  views  the "may  operate"  language to  allow                                                              
low-speed  vehicles on  highways with  speeds of  55-60 miles  per                                                              
hour.                                                                                                                           
                                                                                                                                
CHAIR KOOKESH admonished  the department for not  working with the                                                              
sponsor to  develop language  that both could  agree on  and asked                                                              
why that didn't happen.                                                                                                         
                                                                                                                                
MR. HEALY replied  they were only able to get  together last night                                                              
to review the current language.                                                                                                 
                                                                                                                                
CHAIR KOOKESH  announced that if  the committee didn't  object, he                                                              
would send  the bill  back for  further work.  He again  asked the                                                              
department  and  the  sponsor  to   get  together  and  find  some                                                              
resolution. It's a  simple bill that applies to  specific areas in                                                              
the state. "Let's just get it done," he said.                                                                                   
                                                                                                                                
CHAIR KOOKESH held SB 59 in committee.