Legislature(2013 - 2014)CAPITOL 120
03/28/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB235 | |
| HB205 | |
| SB64 | |
| HB282 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 205 | TELECONFERENCED | |
| += | SB 64 | TELECONFERENCED | |
| + | HB 282 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 235 | TELECONFERENCED | |
HB 205-TRAFFIC OFFENSES: FINES/SCHOOL ZONES
1:31:42 PM
CHAIR WES KELLER announced that the next order of business would
be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 205, "An Act relating
to traffic offenses committed in a school zone; and prohibiting
changing lanes in a school zone."
1:32:02 PM
REPRESENTATIVE LYNN moved Amendment 1,
Page 2, line 1:
Delete "a misdemeanor"
Insert "an infraction and is punishable by a fine not
to exceed $500"
CHAIR KELLER objected.
REPRESENTATIVE LYNN said school zones are very hazardous areas,
but a misdemeanor is "probably over the top." Making the
offense an infraction brings it in line with any other
infraction, and there is flexibility for a judge because it says
"not to exceed."
1:33:43 PM
REPRESENTATIVE GABRIELLE LEDOUX pointed out that a misdemeanor
would give the offender the right to a trial by jury, and she
does not think an infraction would provide that right. A
misdemeanor would also provide for a public defender, so the
infraction would be less costly to the state and municipalities.
REPRESENTATIVE LYNN asked if a ticket for speeding in a school
zone is a misdemeanor or an infraction.
REPRESENTATIVE LEDOUX replied that she thinks speeding in a
school zone gets a person a ticket, not a misdemeanor.
1:34:42 PM
REPRESENTATIVE LYNN surmised that he could amend HB 205 "to make
it similar to any other traffic ticket a person might get in a
particular place like a school zone."
CHAIR KELLER said he wanted to get this on the record, but he
will save the question for later. He withdrew his objection to
the amendment.
REPRESENTATIVE MAX GRUENBERG said the questions need to be
answered before voting on the amendment.
1:35:37 PM
REPRESENTATIVE NEAL FOSTER, Alaska State Legislature, said HB
205 is an act relating to traffic offenses committed in a school
zone and prohibiting [changing] lanes in a school zone. He
thanked Representative Lynn for strengthening the bill by adding
the provision on changing lanes. A tragedy occurred in 2011; a
boy had just moved from Nome to Fairbanks and while waiting on
the corner by his school he was struck and killed by a person
under the influence of prescription medications and who was
speeding through the intersection. The boy's family will be
testifying, he added. The incident caused him to think about
what could be done to make children safer. He pointed out that
people driving along highways are subject to double fines when
construction workers are present. "Why wouldn't we afford that
same level of protection to our youngest and our most
vulnerable?" he asked. The bill is simple: it says drivers who
speed through school zones will be subject to double fines and
drivers may not change lanes in a school zone that is equipped
with a flashing light if the light is flashing.
1:37:34 PM
PAUL LABOLLE, Staff, Representative Neal Foster, Alaska State
Legislature, stated that speeding is considered a violation, and
violations and infractions and are treated by the courts equally
and are both considered minor infractions.
CHAIR KELLER asked if Representative Lynn's amendment is
appropriate.
MR. LABOLLE said he has discussed the issue with the courts, and
it does seem in line with the remainder of the bill.
1:38:33 PM
REPRESENTATIVE LANCE PRUITT pointed out a street in Anchorage
that goes underneath a bridge by a junior high school and is a
school zone at times. There are about three lanes on each side,
and the street can easily get backed up, he noted. He said he
understands why the cars need to slow down because students
cross the street, but now a person who changes lanes could be in
trouble [under HB 205].
1:39:51 PM
REPRESENTATIVE FOSTER said that the topic was discussed right
before this meeting.
REPRESENTATIVE LYNN noted that the school zone he goes through
most often is on Lake Otis [Parkway], "and sometimes I
contemplate a citizen's arrest." He said he is religious about
not exceeding the speed limit of 20 miles per hour, and people
pass him like he is tied to a post, going in and out of lanes.
It is a public safety hazard, he opined. He originally thought
of outlawing passing in a school zone but, for now, has decided
it would be "too unwieldy." He said he decided to coordinate
with Representative Foster on HB 205, and he wants to still have
that provision if it can be made practical. He spoke about
drivers needing to change lanes to make a turn. "This is a very
good bill, and I don't want to impede its progress." He asked
for potential solutions from the committee.
1:43:14 PM
REPRESENTATIVE LEDOUX said she is a really lousy driver and does
not know the answer. She asked if changing lanes in a school
zone is dangerous when driving the speed limit and being
cautious.
REPRESENTATIVE LYNN stated that changing lanes is inherently
more dangerous than not changing lanes-any place. He noted that
there is a difference from just changing lanes and weaving in
and out.
REPRESENTATIVE GRUENBERG said that the amendment the committee
just adopted created an infraction punishable by a fine not to
exceed $500. The term "infraction" is defined in AS 28.90.010
with a maximum fine of $300. He said he does not know if there
is an inconsistency between "the other two sections and Section
2." The other two sections delegate to the Supreme Court the
responsibility of setting the fine schedule, and "it says that
if you're doing it in a traffic safety corridor, it should be
double the amount normally." He said, "We're adding school zone
to that and here we're putting this particular crime as an
infraction, and I don't know how that would be reconciled with
the other two sections of the bill." He noted that in 1985, the
legislature dealt with something similar, and it was a very
thorny problem. The question then was how to effectively
prosecute somebody who passes a school bus when the bus is
stopped and the lights are flashing. In the darkness, it is
difficult to tell who is driving the car, and it was effectively
impossible to prosecute.
1:48:54 PM
REPRESENTATIVE GRUENBERG said the same problem may exist with HB
205. A crossing guard will be watching the kids and a speeder
may zoom by "and they're lucky if they get the license number."
The decision was to take a Minnesota law that said, "If you can
identify and prove the owner of the car, there shall be a civil
penalty assessed against owner." The amount of the civil
penalty was set out, and if the owner of the car came forth and
identified the driver and said the driver was not the owner,
"then they prosecute the driver and the civil penalty would be
abated."
1:49:59 PM
CHAIR KELLER announced the start of public testimony.
CUSSY KAUER, Nome, Alaska, thanked the authors of the bill. The
driving population in Alaska needs to be educated that when one
puts our children at risk by bad driving behavior the
consequences are now more severe, she said.
1:51:22 PM
MS. KAUER, speaking for Jamison Thrun, who was a 4th generation
Alaskan and 11-year-old student at University Park Elementary in
Fairbanks said:
A bright sunny August morning me and my little brother
Kaden were walking to school and Kaden forgot his
soccer ball. I told him to go back home and get it; I
would wait for him. He started running back to our
house and I heard the screaming of tires.
MS. KAUER continued:
That day, August 30, 2011, changed the lives of our
family, my daughter Kelly, her husband, her children,
and those of many across Alaska as we mourn the
instant killing of Jamison just 15 days after he left
Nome for his new Fairbanks home. Kaden returned with
his soccer ball and witnessed his brother lying in the
grass while EMTs prepared him for the ambulance. He
put his hand over his eyes as he passed by and ran the
rest of the way to school and in shock waited for his
big brother Jamison who would never come. Jamison had
plans for a new life in his new home, at his new
school, in his new town, but he died on the streets of
Fairbanks on his way to school. He wanted to play
football. He had just gotten a new trampoline two
days earlier. I know Jamison is in heaven and his
mother is missing him terribly. Jamison had plans,
and, I assure you, residing in Birch Hill Cemetery was
not part of them. Parents should expect when their
child leaves home for school in the morning the next
time they will see them that evening is at the supper
table, not laying opened up on an operating table.
Highway work zones involve men and women exposed to an
element of risk and danger as they are performing
their work tasks, sometimes only protected by a hard
hat, vulnerable to the driving behaviors of fellow
Alaskans and the public. The same care and caution
should be exercised by drivers where there are high
concentrations of our most precious, which includes
school zones, school yards, and school drive-throughs.
While this bill does not address these other
properties, by passing HB 205 and amending current
statutes it is one small step down a long path I
intend to take with the help of all of you and on
behalf of my grandson, Jamison Thrun.
1:54:40 PM
CHAIR KELLER stated that everyone is sobered in hearing Ms.
Kauer's testimony.
CONNIE McKENZIE, Legislative Liaison, Department of
Transportation and Public Facilities (DOT), said the DOT is
preparing a fiscal note on HB 205, and she apologized for
forgetting the signage aspect of the bill. There will be
signage on the flashing lights to indicate that there would be
no turning within the school zone, and there will be signage
indicating the start and end of a double-fine zone.
REPRESENTATIVE LYNN asked if the fiscal note would be different
with the changing lanes provision.
MS. McKENZIE said the fiscal note would change because part of
the signage is addressing the "no turn zone."
1:57:03 PM
REPRESENTATIVE FOSTER asked her to make a fiscal note with just
the double fines and one with both.
MS. McKENZIE said DOT could break out each section.
CHAIR KELLER asked how many school zones are where turns are
even possible.
MS. McKENZIE said DOT has estimated the number, and there is
often more than one school zone around a school. The estimate
is 168 school zones statewide.
1:58:53 PM
CHAIR KELLER said he was setting HB 205 aside.