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Enrolled SB 261: Relating to the designation of traffic safety corridors; relating to the bail or fine for an offense committed in a traffic safety corridor and to separately accounting for such fines; relating to the license point penalty; relating to damage claims regarding a highway work zone; and providing for an effective date.

00 Enrolled SB 261                                                                                                         
01 Relating to the designation of traffic safety corridors; relating to the bail or fine for an offense                    
02 committed in a traffic safety corridor and to separately accounting for such fines; relating to                         
03 the license point penalty; relating to damage claims regarding a highway work zone; and                                 
04 providing for an effective date.                                                                                        
05                           _______________                                                                               
06    * Section 1. AS 19.10 is amended by adding a new section to read:                                                  
07            Sec. 19.10.075. Designation of traffic safety corridors; fines. (a) To promote                             
08       traffic safety, the department may designate a portion of a highway to be a traffic                               
09       safety corridor. The commissioner shall establish criteria for the designation and                                
10       continuation of traffic safety corridors. In establishing the criteria, the commissioner                          
11       may consider accident data and reports, the type and volume of vehicular traffic,                                 
12       engineering and traffic studies, and other relevant factors. Before the department                                
13       designates a traffic safety corridor, the commissioner shall consult with the                                     
14       commissioner of public safety and shall consult with other local, state, and federal                              
01       agencies with responsibility for traffic safety. A motor vehicle or traffic offense                               
02       committed in a traffic safety corridor is subject to a double fine as provided in                                 
03       AS 28.40.070. The department shall erect signs designating traffic safety corridors and                           
04       alerting the public that motor vehicle and traffic offenses committed within a corridor                           
05       are subject to double fines. A claim for damages may not be made against the state or                             
06       its officers, employees, or agents for an act or omission relating to the designation of                          
07       and erection of signs regarding a traffic safety corridor.                                                        
08            (b)  The legislature may appropriate 50 percent of the fines for offenses                                    
09       committed in a traffic safety corridor imposed under AS 28.40.070 and collected and                               
10       separately accounted for by the state under AS 37.05.142, to the division of the                                  
11       Department of Transportation and Public Facilities responsible for highway safety                                 
12       planning, for highway safety programs.                                                                            
13    * Sec. 2. AS 28.05.151(d) is amended to read:                                                                      
14            (d)  The supreme court, in establishing scheduled amounts of bail under this                                 
15       section, and each municipality that establishes or has established a fine schedule under                          
16       this section shall provide that the scheduled amount of bail or fine, as applicable, for a                        
17       motor vehicle or traffic offense that is committed in a highway work zone or traffic                          
18       safety corridor shall be double the amount of the bail or fine for the offense if it had                      
19       not been committed in a highway work zone or traffic safety corridor.                                         
20    * Sec. 3. AS 28.15.221 is amended by adding a new subsection to read:                                              
21            (c)  The regulations adopted under (a) of this section shall include a two-point                             
22       addition to a licensee's assessed total if the licensee, while in a designated traffic                            
23       safety corridor, overtakes and passes another vehicle in a zone designated by a safety                            
24       control device that prohibits passing.                                                                            
25    * Sec. 4. AS 28.40.070 is amended to read:                                                                         
26            Sec. 28.40.070. Fines for offenses committed within highway work zones                                     
27       and traffic safety corridors doubled. Whenever a person violates a provision of this                          
28       title or a regulation adopted under the authority of this title within a highway work                             
29       zone or traffic safety corridor, notwithstanding the amount of the fine or the                                
30       maximum fine set under this title, the fine, or maximum fine, is double the amount                                
31       provided in this title.                                                                                           
01    * Sec. 5. AS 28.40.070 is amended by adding new subsections to read:                                               
02            (b)  Fines imposed and collected under this section for offenses that are                                    
03       committed in a traffic safety corridor shall be separately accounted for under                                    
04       AS 37.05.142.                                                                                                     
05            (c)  Notwithstanding the requirements of (b) of this section and AS 37.05.142,                               
06       the Alaska Court System shall deposit fines collected under this section for offenses                             
07       committed in a traffic safety corridor in the general fund if the fine is collected at a                          
08       court location where separate accounting for traffic safety corridor fines is not                                 
09       achievable.                                                                                                       
10            (d)  The administrative director of the Alaska Court System shall notify the                                 
11       Department of Administration                                                                                      
12                 (1)  of court locations where separate accounting under (b) of this                                     
13       section is not achievable; and                                                                                    
14                 (2)  when a court location identified under (1) of this subsection                                      
15       becomes able to separately account for fines under (b) of this section.                                           
16    * Sec. 6. AS 28.40 is amended by adding a new section to read:                                                     
17            Sec. 28.40.072. Prohibition of damage claims regarding highway work                                        
18       zone signs. A claim for damages may not be made against the state or its officers,                              
19       employees, or agents for an act or omission relating to the designation of and erection                           
20       of signs regarding a highway work zone.                                                                           
21    * Sec. 7. AS 28.40.100(a) is amended by adding a new paragraph to read:                                            
22                 (27)  "traffic safety corridor" means a portion of a highway on which                                   
23       signs have been erected designating that portion as a traffic safety corridor under                               
24       AS 19.10.075.                                                                                                     
25    * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).