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[scanned from a printed document. May not be 100% accurate.]
Date: January 14, 2004
Time: 3:20 p.m
Room: 104, LOB
The Senate Committee on Transportation held a hearing on the following:
SB 458 relative to private driving instruction and exhibition facilities.
Members of Committee present:
Senator Kenney
Senator Morse
Senator Below
Senator Flanders
Senator Martel
The Chair, Senator Joseph D. Kenney, opened the hearing.
Senator Joseph D. Kenney, D. 3: I open up the hearing on SB 458 and this is in regards to private driving instruction and exhibition facilities. I would ask Senator Clegg who is the first speaker, if he's here. I'm sorry it's Senator Gallus. Senator Gallus, prime sponsor, welcome to the Transportation Committee.
Senator John Gallus. D. 1: Thank you Mr. Chairman and members of the Committee. Sorry I'm two seconds late. For the record, I am Senator John Gallus, District 1, serving 56 towns and one city. I am pleased to be here today as the prime sponsor of SB 458. This is an important bill, which seeks to clarify the state law regarding public, professional spectator racetracks versus private, non-spectator and structural [instructional?] club road courses.
A private non-spectator club should not fall under the same law that regulates public, spectator racetracks. Public racetracks and private motorsports clubs are apples and oranges. The existing state law RSA 31:41- a and RSA 31:42, which was adopted three decades ago, is a good law. It was designated to help municipalities regulate the operation of professional spectator-based facilities and to lessen the municipal burdens associated with those types of facilities. Club Motorsports Development in Tamworth is not a racetrack like any of the public, spectator-based circular tracks around Now Hampshire and should not be regulated the same. Now it doesn't seem to be [me?] that a Motorsports Park Club, like the one that Club Motorsports wants to operate, is not a racetrack. The club is for members and their guests only - not for the general public. The driving course is a curving road through the woods, not a racing oval. The vehicles driven at the club are with members own cars not special racing cars.
Since we in the legislature are the ones who enacted the racetrack statute in the 60's, it is up to us make sure the statute is not applied wrongly or unfairly. SB 458 makes it clear that motorsports parks like Club Motorsports are not racetracks for the purposes of RSA: 31:41-a. This bill will ensure that these clubs get treated like any other landowner in the town. They should be regulated through zoning and not through special ordinances which have directed a single business.
Before I close I want to review some of the economic benefits brought to the residents of Tamworth and the State by the development of Club Motorsports. The Motorsports Park in Tamworth will increase property tax rolls by $14 million initially. Over 15 percent of the municipal budget will come from Club Motorsports' taxes when Phase I of the development is completed. Phase two is expected to add an additional $16 million to the tax base of Tamworth. Since Club Motorsports will be providing its own security and emergency and fire services, the motorsports park will present no financial burden to the town. Club Motorsports will produce about $80,000 annually in statewide property taxes and will also be making a BET payment of around $21,000 - as well as BPT payments and rooms and meals taxes. There will be increased state tax revenue as a result of the increased usage of the local area businesses, which will be patronized by Club Motorsports members and their families. Local restaurants, hotels, recreational activities and shopping. Perhaps, most importantly, Club Motorsports will create fifty new full-time jobs and about 200 part-time jobs. Because Club Motorsports is trying to hire locally, a motorsports park in Tamworth will be an important new employer in the area.
We in New Hampshire, and especially we in those parts of New Hampshire which have not seen the economic successes of the southern section of the state, are in no position to be turning away good new businesses. Our economy is tourism based and this club certainly fits into increased tourism for the North Country. We certainly should not be potentially turning away new jobs and economic development on the basis of an ordinance which applies only to a single ordinance [business?].
I ask you, the members of the Committee, to clarify our current law and to recommend Ought to Pass on SB 458 and I thank you.
Senator Jose-ph D. Kenney, D. 3: Thank you for your testimony, Senator Gallus. Are there any questions of the Committee?
Senator Clifton Below, D. 5: Thank you. I'm just slightly confused about one thing. The Roman 1, (c), line 11, states the use is limited to (a) through (d), and (c) says conducting supervised amateur competitions; (d) says similar non-spectator activities which are recreational or educational in nature. I guess what you are saying is that a supervised amateur competition - would that normally be considered a non-spectator activity? I can see that it's recreational because it's amateur.
Senator John Gallus, D. 1: Well it’s not a road course. It is not set up as a spectator event, I would think.
Senator Clifton Below, D. 5: Well presumably your family and friends could come and watch.
Senator John Gallus, D. 1: It’s still a private facility. It’s not Loudon – charging people to come in and watch an event. I’m sure some of the people coming after me can really answer that question a little more thoroughly.
Senator Joseph D. Kenney, D. 3: Something that comes to my mind is like boxcars, like they have for derbies. A facility to race around; that's a question as far as amateur competition. That's just something that comes to mind.
Senator John Gallus, D. 1: I would think on a road course, you’d need a straight facility to do that type of thing.
Senator Joseph D. Kenney, D. 3: Maybe the following speakers can answer that.
Senator Clifton Below, D. 5: But just to clarify the intent. The term you use is "private driving instruction and exhibition facility". You actually don't reuse the word "private" and define that. But you’re saying the intent is that this would be for members and maybe their invitees and guests only and not for the general public.
Senator John Gallus, D. 1: I think when you're talking amateur here is supervised amateur competitions. You're talking "non-professional' to NASCAR operations or something like that.
Senator Clifton Below, D. 5: You are not going to be charging people to come and watch. Thanks.
Senator Joseph D. Kenney, D. 3: Are there any other questions of Senator Gallus? Thank you Senator Gallus.
Senator Gallus, D. 1: Thank you very much Mr. Chairman.
Senator Joseph D. Kenney, D. 3: I do have a sign-up list if anyone else would like to sign up. I’ll pass that over there.
Senator Robert K. Boyce, D.4: I didn’t want to barge in.
Senator Joseph D. Kenney, D. 3: You saw the amateur competition part and you just wanted to jump in.
Senator Robert K. Boyce, D.4: Thank you. I am Senator Boyce representing the Lakes Region. I particularly wanted to mention that in reference to the question of amateur competition. I haven't done it in a few years. But back in the 1970’s I lived in Colorado. The Corvette club that I was a member of would put on these amateur-racing competitions. What they usually do – they call them autocross. Sometimes the FCCA calls them (inaudible) events. What they are is one car at a time with a timer and you run through the course and see what your time is. That’s the way we usually ran them. There are other ways to do things like that. What it usually amounted to is half a dozen or a dozen people would show up and put the cars out there on the track. Run them one at a time. I suppose you could do two at a time but we didn’t because, I think, our insurance wouldn’t cover that. You run it through there and the spectators or whoever you brought with you – it was usually your family. The other people had their cars there---club members and so forth. We did this back then in parking lots.
For some reason out there at that time the shopping malls were closed on Sundays. We could get the shopping mall's parking lot and put up little orange traffic cones and drive through there as quick as we could. Once in a while we were fortunate enough to get a go-kart track. We were able to rent the go-kart tracks and run our cars on that. We did tear up the shoulders a little bit and had to pay them for repairs. It was good fun. It usually was very safe. We had safety inspections. We had to pass a safety inspection before we could go out and run. We had to have seat belts. Had to have helmets. If it was an open car, you had to have a rollbar and they did check the brakes and mufflers. It was just a lot of fun. I have a box of trophies in the basement. My wife even won a bunch of trophies for that. It's not an intense level of competition. It's certainly not Star Speedway on Saturday night. The kinds of cars we're talking about usually don't like to rub fenders. You rub a corvette to corvette and you get splinters (inaudible). So it's not anything like the racing at Star Speedway, or Lee or Hudson or any of the racetracks. It's also not like the drag racing where those cars make a lot of noise and you can hear them from a long ways away.
This type of racing is low-key. Competition can be pretty intense. My Corvette can beat Sapareto's Porsche. I was talking in the hallway about one I put on at the Colorado State University in Ft. Collins. I had done the poster advertising that. I said-come see America's only sports car beat the best that Europe has to offer. Potentially trying to antagonize the Porsches. We got a good turnout of the Porsches. In fact they brought one factory racing team's car to try and run our little course. It was too big and too powerful to run a little parking lot course. They didn't do well. It was always fun and that was the whole thing, fun. You buy a corvette, which I have. Senator Gallus has one. Sapareto has his Porsche. People have cars that are really intended...Your BMW really should go faster than 55 mph. You're really not allowed by law to run the car on the road the way it really ought be driven. It's a lot of fun to take a car around the corner at a speed where the tires are almost ready to let go and keep the thing under control. It's an adrenaline rush. It's a lot of fun. I think that to compare that to Saturday night at Star Speedway is not quite the right comparison. I just wanted to point that out.
Senator Joseph D. Kenney, D. 3: To clarify that in my mind, are you for or opposed to this?
Senator Boyce: I'm one of the sponsors I believe. Any questions I can answer?
Senator Joseph D. Kenney, D. 3: Thank you Senator Boyce. Are there any questions of the Committee? If not, Senator Martel.
Senator Andre Martel, D. 18: Thank you Mr. Chairman and members of the Committee. I won’t take much time here. I fully concur to what Senator Gallus and Senator Boyce had to say. I have a feeling that this will have a tremendous positive impact not only on the tax base, but more importantly on the economic base. Not only in Tamworth, but it will enhance tourism spending at the facility and local restaurants and hotels as well. By the picture that I saw, this type of track have the aesthetics of a facility which blends into the Mountainside and does not look like a two or four-lane highway. This race is more of a demonstration than anything else. So I urge the members of the Committee to vote Ought to Pass on this bill. Can I answer any questions you might have?
Senator Joseph D. Kenney, D. 3: Any questions? Thank you Senator Martel. I'm sorry Senator Flanders; you had signed up earlier than Senator Martel and Senator Boyce; so you are up next.
Senator Robert B. Flanders, D. 7: Thank you Mr. Chairman and members of the Committee. My name is Bob Flanders. I represent Senate District 7. Let the record show that when Senator Boyce was testifying he forgot to mention, may I say, Thunderbirds. The reason I am testifying today is for several reasons. Number one, I think you all know that the North Country is my second home. I have a little cabin up there. I've been going up there for about 35 years and I know the area somewhat.
My understanding of this bill is just strictly to correct the existing statute to allow this type of racetrack to be built in New Hampshire. It is also further my understanding that Tamworth still has a say. We are not overriding home rule in this situation in any way. Tamworth, or any other town, has the decision. I think it's interesting because I did sign up as a co-sponsor on this bill and I think it's a first in my history of three years of being in the Senate that I've signed up on a bill such as this one. My telephone has not rung off the hook. I think, very truly, it's a bill that evidently the people in the area must support because I did not receive, not one, phone call. To repeat basically what Senator Gallus said, my figures show that if someone is willing to put $14 to $16 million into this type of a venture, it certainly will be run right. I think that, Senator Below, I have seen maps and there are no bleachers. I think that's all your thought. I think it is wonderful to take a piece of land, that is my understanding is in current use with little or no tax coming from it, and be able to put a tax assessment on that of $14 to $16 million will certainly be great for the area. Also, the 40 or 50 jobs would do neat things for the area. I urge you to consider voting yes on this. I certainly will. Thank you very much
Senator Joseph D. Kenney, D. 3: Thank you Senator Flanders. Are there any questions of the Committee? Okay, thank you.
Representative Bob Letourneau: Thank you Mr. Chairman and members of the Committee. For the record, I'm Representative Bob Letourneau serving District 77, Derry, New Hampshire. I am here today in support of SB 458. I'd like to say that it's interesting that at least these Transportation hearings are a lot more fun than some of the other ones we have. We have some interesting subjects here.
Senator Joseph D. Kenney, D. 3: We send all the plate bills to the House.
Representative Bob Letourneau: SB 458 is seeking to clarify an existing statute that was created for, as Senator Gallus said, professional racetracks. There is a difference between professional racetracks and this type of motorsport park, which is a private club. It's not even a racetrack at all even though it's been referred to as that.
I'll give you some examples of some different types of events that will occur at this motorsport park. First of all there will be no spectator events. That means no large traffic impact to the area and all the problems that go along with that. There are no professional races. The club will be used only by members, members only, and it's similar to a golf course. Club Motorsports is going to be a unique first of its kind facility in New' Hampshire. It's a private road course and a country club with a heavy emphasis on driving instruction. That's more or less driver training for people who have these sports-type cars. Of course, I don't know much about sports cars because I ride motorcycles. It's a whole different thing for me. It's not an oval or circular track. It's a road course through the woods. So you have natural buffer zones from the trees so that noise shouldn’t be an issue. They don’t bunch up like stock cars or oval or round tracks. All the racing will be done in the daytime. All of the events will be done in the daytime. There will not be any night events so you won’t have sound carrying such as you have at Star Speedway, or Lee Speedway or something like that. The cars that are going to be used on this particular course will be the type of cars that are registered and driven on the road. So primarily 95% to 98% will probably have mufflers on them. The only exceptions to that would be vintage cars. Some older cars that I can't imagine would be too awful loud.
So SB 458 really basically is looking to clarify the existing law as we know it so we can accommodate this private motorsport club. With that I am going to conclude my testimony. I just wanted to point out the difference between this and a regular racetrack. Thank you very much.
Senator Joseph D. Kenney, D. 3: Thank you. Are there any questions of the Committee?
Senator Clifton Below D. 5: Thank you Mr. Chairman. Representative, something you said made me think that maybe the intent should be further clarified a little bit, if only verbally. You mentioned there might be, for instance, a clubhouse, which understandably is entirely appropriate. There's the phrase "the use of which is limited to", a-d in the bill on line 7. I take it that means the "use of which is limited to" doesn’t apply to the whole facility but rather to the roadways of the facility. If you look at line 6 and 7, it says "shall mean a facility containing a paved roadway 2 or more miles in length the use of which is limited to" a-d. If that was read to mean the whole facility is limited to that then sort of a clubhouse and social facilities wouldn't be allowed or wouldn't be covered by the exemptions or whatever. It wouldn’t be part of the definition. But in fact what you are saying is the use of the roadways will be limited to a-d, but there might be other support facilities like a clubhouse. Because you said it was like a country club.
Representative Bob Letourneau: Are you talking about the clubhouse in particular?
Senator Clifton Below, D. 5: Yes.
Representative Letourneau: The clubhouse, I believe, is going to be in- Phase 2 of the project. The clubhouse will be similar to a clubhouse you would have at a golf resort. You'd have a restaurant, which would be serving food, and it would have food available. I'm assuming some overnight facilities available. I'm not quite sure I understand what you are asking me and how that relates to the road course.
Senator Clifton Below, D. 5: I just wanted to clarify so there wasn't a future misunderstanding that the phrase in line 6 and 7 didn’t preclude what you're describing as ancillary facilities. Because it says a facility "the use of which is limited to" a, b, c and d. What you just described-a clubhouse, a restaurant-isn't a, b, c, or d.
Representative Letourneau: Well I think those fall under different rules. The rules that we're addressing here have to do with the golf course itself.
Senator Clifton Below, D. 5: Right.
Senator Joseph D. Kenney, D. 3: I'll just moderate here. I think we can get the answer from the next speaker on your question.
Senator Clifton Below, D. 5: I wanted to get it from a sponsor. The phrase "limited to" should be construed to apply to how the roadways are used not how the whole project is used.
Representative Letourneau: Okay, it’s a good point.
Senator Joseph D. Kenney, D. 3: I will just mention that the "private driving instruction exhibition facility" is in quotes. I think you're looking at just roadways which is the exhibition facility.
Are there any other questions of Representative Letourneau? If not, thank you very much, sir.
Representative Letourneau: Thank you very much.
Senator Joseph D. Kenney, D. 3: The next speaker will be Theresa Rosenberger representing CMI.
Theresa Rosenberger: Thank you Mr. Chairman. I'm Theresa Rosenberger from Devine, Millimet and Branch and I'm here representing Club Motorsports. May I first address Senator Below's last comment. You are absolutely right in your right to have a sponsor say so. You're absolutely 100% right, a-d is just to apply to the (inaudible).
I'm here in support of the bill. Ready to answer any questions. It is only amateur. The reason that language was put in was because there may be such as security people or people on the course just watching in case, for example, somebody blew a tire or an accident. So that's what the supermodest means, its non-spectator. Someone may be there watching for security and safety reasons as people drive by. Other than that I am here to answer other questions. We are very appreciative of the sponsorship of this and fully support it.
Senator Jose-ph D. Kenney, D. 3: Are there any questions of the Committee?
Senator Andre Martel, D. 18: Just one quick one. Does my 1990 Oldsmobile have a right be up there as well as these other fancy cars?
Senator Robert B. Flanders, D. 7: If you've got the money, they've got the road.
Theresa Rosenberger: Provided your car is safe and everything's functioning properly. Also provided that you can drive it as fast as it will go. Yes, your car is allowed.
Senator Joseph D. Kenney, D. 3: If there are no further questions, then we appreciate your input. Thank you very much for coming.
Theresa Rosenberger: Thank you.
Senator Joseph D. Kenney, D. 3: We'll go ahead and close the hearing.
Hearing concluded at 3:44 p.m.
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