SENATE LABOR AND COMMERCE COMMITTEE January 26, 1993 1:37 pm MEMBERS PRESENT Senator Tim Kelly, Chairman Senator Steve Rieger, Vice-Chairman Senator Drue Pearce Senator Georgianna Lincoln Senator Judy Salo MEMBERS ABSENT NONE COMMITTEE CALENDAR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 "An Act relating to equipment, registration, and identification of custom collector vehicles; and providing for an effective date." SENATE BILL NO. 44 "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION SB 47 - NONE SB 44 - See L&C minutes dated 1/19/93 and 1/21/93. WITNESS REGISTER Ray Ellever, Vice-President Anchorage Midnight Sun Street Rod Association 5860 Jordan Circle Anchorage, Alaska 99504 POSITION STATEMENT: Supported SB 47. Max Gifford, aide Senator Tim Kelly State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Gave information on SB 47. Juanita Hensley Chief, Driver Services Division of Motor Vehicles Department of Public Safety P.O. Box 20020 Juneau, Alaska 99802-0020 POSITION STATEMENT: Gave information on SB 47. Glen Nicolai 17408 Charity Lane Eagle River, Alaska 99577 POSITION STATEMENT: Supported SB 47. Ross Jardine 4000 Caravelle Drive Anchorage, Alaska 99502 POSITION STATEMENT: Supported SB 47. Charles Alvarez Peninsula Cruisers Kenai, Alaska 99611 POSITION STATEMENT: Supported SB 47. Josh Fink, committee aide Senator Tim Kelly State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Gave information on CSSB 44. Gary Mendivil, Business Manager Eaglecrest Ski Area Juneau, Alaska 99801 POSITION STATEMENT: Supported CSSB 44. Don Hitchcock, Director Division of Risk Management Department of Administration P.O. Box 110218 Juneau, Alaska 99811-0218 POSITION STATEMENT: Supported CSSB 44. John Heiser, Director Mountain Operations Alyeska Resort Girdwood, Alaska 99587 POSITION STATEMENT: Supported CSSB 44. Ron Swanson, Director Division of Land P.O. Box 107005 Anchorage, Alaska 99510-7005 POSITION STATEMENT: Supported CSSB 44. ACTION NARRATIVE TAPE 93-6, SIDE A Number 001 CHAIRMAN TIM KELLY called the Labor and Commerce Committee meeting to order at 1:37 p.m. SENATOR KELLY introduced SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 (REGISTRATION/EQUIPMENT OF CUSTOM CARS). He said the bill was requested by the Anchorage Midnight Sun Street Rod Association and invited the vice-president of the association, RAY ELLEVER, to testify via teleconference from Anchorage. Number 013 MR. ELLEVER thanked the committee for supporting legislation that, he thought, added to their quality of life. He gave background information both on himself and the specialty of custom cars, of which there are about 150 thousand modified pre-49 automobiles in the country. MR. ELLEVER described all facets of the industry generated by the interest in modified vehicles. He outlined the protection afforded by SSSB 47 to the drivers and their customized vehicles in the areas of titling, licenses, registration, and clunker ordinances. Number 097 SENATOR KELLY questioned the magic of a pre-49 vehicle, and MR. ELLEVER explained 1948 was the last year cars were manufactured with running boards. SENATOR RIEGER asked how the legislation would allow the custom collector vehicles to stay on the road - legally. Number 152 MR. ELLEVER described members being cited for the alteration of custom vehicle heights and modern suspension or the removal of fenders, bumpers, and hoods. SENATOR RIEGER referred to replicas and the federal requirements regarding bumpers. MR. ELLEVER said these were set by date of manufacture and bumper restrictions were set about 1974. Number 176 SENATOR KELLY pointed to the first section of the bill which outlined 8 modern safety features that must be on the customized car and considered part of a national definition of a street rod. SENATOR RIEGER was assured by MR. ELLEVER that bumper requirements for replicas of vehicles designed before 1949 would be legal in 1993. MR. ELLEVER explained there were not many old metal cars around, hence the new manufacture of old cars. Number 197 SENATOR KELLY questioned the emission standards. MR. ELLEVER answered the emission standards came about in 1968, and their cars are pre-49. SENATOR KELLY queried his aide, MAX GIFFORD, on the fiscal notes. MR. GIFFORD summarized the fiscal note and a neutral position from the Division of Motor Vehicles. He suggested further questions could be answered by JUANITA HENSLEY, from the Division of Motor Vehicles. MS HENSLEY, Chief of Driver Services, described the concerns of the Department of Public Safety on special interest plates, which might open the program to other potential interest clubs that might want plates. Number 240 SENATOR SALO questioned the car crusher laws in relation to air pollution and the number of custom cars that might be involved. MR. ELLEVER explained most of the custom cars were parked during the heavy pollution winter months and driven about 500 miles during the year. In addition, he said most of the cars were running PCV valves. SENATOR SALO asked about noise pollution, and MR. ELLEVER maintained most of the cars have the turbo muffler which is legal. Number 264 SENATOR KELLY asked about the insurance on the custom built vehicles, and he was told GLEN NICOLAI from Eagle was going to address insurance. MR. NICOLAI explained he was a member of both state and national associations, and he traced the increase in availability of insurance coverage. MR. NICOLAI said his vehicles were insured by State Farm but other insurance carriers would also provide policies at reasonable rates because of a low incidence of claims. Number 296 MR. NICOLAI said the associations didn't ask for any noise pollution exemptions for street rods, and he expressed pride in the clubs' safety programs. SENATOR KELLY asked for the estimated average age of the club members, and MR. NICOLIA said it ranged from the 40's to their oldest member at age 73, ROSS JARDINE. SENATOR LINCOLN asked for clarification on emission controls in relation to the definition in Section 3 which allows an exemption for custom collector vehicles whose body and frame were manufactured before 1949. MR. NICOLAI praised the custom cars which were able to pass emission controls because the engines were so carefully maintained. Number 357 SENATOR KELLY invited ROSS JARDINE, the 73 year old car buff from Sand Lake to testify. MR. JARDINE outlined his participation in street rod building and riding. He described his 1936 Ford and a 1933 Ford, both of which are insured, in top condition, and would pass any inspection including emissions. MR. JARDINE said he was a member of the safety committee for his club, and he listed all of the required features on his vehicles. He described an increase in car buff participation in charity events. Number 382 SENATOR KELLY invited CHARLES ALVAREZ from the Peninsula Cruisers in Soldotna to testify. MR. ALVAREZ described the membership and activities of the Peninsula Cruisers and pitched for additional members. He presented his support for the legislation and described the peer pressure in maintaining safe and clean vehicles. Number 397 SENATOR RIEGER moved to pass SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 from committee with individual recommendations. Without objections, so ordered. SENATOR KELLY introduced the work draft for CS FOR SENATE BILL NO. 44 for additional changes by the committee and asked JOSH FINK to walk the committee through the changes as adopted in the 1/21/93 committee meeting. Number 425 MR. FINK carefully noted, page by page, all of the changes, with the additions in yellow in the work draft and reviewed the notation references in the committee substitute. He explained the drafter, MIKE FORD, was ill and unable to participate in the present overview. Changes were made on pages 2, 3, 4, 5, 8, 9, 10, 11, and 12. Number 510 SENATOR KELLY asked GARY MENDIVIL, the business manager, if Eaglecrest was included in the bill. MR. MENDIVIL said it would include them, and this was clarified by MR. FINK on page 12, lines 22 and 23. SENATOR KELLY asked DON HITCHCOCK from Risk Management in the Department of Administration if he was satisfied the state was cleared of liability. MR. HITCHCOCK agreed and indicated there would be no fiscal note from Risk Management. MR. FINK confirmed there were 2 zero fiscal notes. Number 527 SENATOR RIEGER expressed concerns on page 2 about what he considered a broad based description. SENATOR PEARCE reminded the committee the rough draft had not been adopted yet. SENATOR PEARCE moved to adopt the work draft for CS FOR SENATE BILL NO. 44. Without objections, so ordered. SENATOR RIEGER suggested changes on page 2, line 8 and line 12 which would clarify the definition of snow. It was adopted as an amendment. Number 548 SENATOR RIEGER asked that line 2 of page 3 be changed to read "desirable to groom all snow to a particular finish." The amendment was adopted. On page 4, line 12, SENATOR RIEGER thought it should be "and" rather than "or." After some discussion the change was adopted. On page 5, lines 10 and 11, SENATOR RIEGER questioned how the subsection (b) would work in statutory law. JOHN HEISER, Director of Mountain Operations for the Alyeska Resort, indicated he was comfortable with the language. There was a discussion on the materials, education, and training for ski patrol members. SENATOR KELLY asked MR. MENDIVIL if Eaglecrest was satisfied with the wording as discussed, and he was. TAPE 93-6, SIDE B SENATOR RIEGER had a technical question on page 7, lines 18 and 19 about a closed trail sign and asked if it was a legal description. After some discussion the subsection was changed to read, "(5) closed trails and slopes designated by a sign with a red circle or octagon around a white interior containing a black figure ..." Number 031 SENATOR RIEGER, in reference to page 7, line 29, asked if the entrance to a trail was identified but no action was taken. SENATOR RIEGER moved to page 10, line 18, to asked for the difference in suing another skier on line 18 and bringing an action against a skier as referenced in line 21. It was decided they were interchangeable. On page 11, line 25, SENATOR RIEGER asked about the violation of crossing the uphill track of a J-bar, and MR. FINK said the violation on line 26 would have the maximum fine of $300. There was some raillery at this. There ensued a discussion of page 11, lines 26 through 29 with MR. FINK explaining the Department of Natural Resources might have a ranger for enforcement at Alyeska. SENATOR PEARCE thought additional work should be contemplated on lines 26 through 29. MR. HEISER spoke in terms of the ranger working avalanche violations which carry a fine. MR. SWANSON explained his department was mainly responsible for managing the leases. Number 078 SENATOR RIEGER, in reference to page 12, line 18, asked about the circumstances of private ownership of land adjacent to ski slopes. MR. FINK indicated ski operators were required under the bill to mark the private land. SENATOR RIEGER asked for an opinion as to the operational control of a privately owned piece of sloped land. MR. FINK said the question would be referred to MR. FORD. SENATOR RIEGER didn't want private land owners with property adjacent to ski areas to be potentially liable for an injured skier onto his or her land. SENATOR KELLY directed MR. FINK to ask the Senate Judiciary Committee to look into SENATOR RIEGER'S concern in the committee report. SENATOR PEARCE questioned whether the Department of Resources was going to have a fiscal note, and MR. SWANSON explained why no new people would be needed. SENATOR PEARCE moved to adopt CS FOR SENATE BILL NO. 44 as amended. Without objections, so ordered. Number 114 SENATOR PEARCE moved to pass CS FOR SENATE BILL NO. 44(L&C) from committee with individual recommendations. Without objections, so ordered. There being no further business to come before the committee, the meeting was adjourned at 2:35 p.m.