Legislature(2005 - 2006)SENATE FINANCE 532
03/21/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB261 | |
| SB271 | |
| SB308 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 261 | TELECONFERENCED | |
| + | SB 271 | TELECONFERENCED | |
| + | SB 308 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR SENATE BILL NO. 261(TRA)
"An Act 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; and providing for an effective
date."
This was the first hearing for this bill in the Senate Finance
Committee.
JOHN MACKINNON, Deputy Commissioner of Highways and Public
Facilities, Department of Transportation and Public Facilities
informed the Committee that this legislation would allow the
Department to establish "Traffic Safety Corridors" (TSC) and
double the traffic fines within those Corridors. This
legislation is the result of repeated tragic accidents occurring
on certain roadways, including the Seward Highway. Typically
when a road is experiencing a large number of accidents,
"structural improvements" such as changing its "geometry",
widening the road, and adding passing lanes are made. The
Department is furthering the TSC designation because it would
produce "more immediate results".
Mr. MacKinnon stated that the six states that have established
TSCs in areas experiencing "a higher than average rate of fatal
and very serious accidents" have deemed the endeavor a success.
Mr. MacKinnon informed the Committee that, when it was
considering establishing TSCs, the Department analyzed certain
road segments, primarily "in the Central region of the State".
Contrary to the Department's assumption that the Seward Highway
would be ranked the most dangerous, the accident rate on other
road segments, specifically those in the Matanuska Susitna (Mat-
Su) Valley "were every bit if not more dangerous as the Seward
Highway".
Mr. MacKinnon remarked that "more immediate results" are
experienced by addressing drivers' behavior, as opposed to
making road improvements. Research indicates that "high risk
drivers, drivers that are not driving safely, respond to only
one message. That message is increased enforcement." This
legislation would couple increased enforcement with double
traffic fines.
Mr. MacKinnon continued that the passage of a TSC law would
allow the Commissioner of the Department of Transportation and
Public Facilities, upon "consultation" with the Commissioner of
the Department of Public Safety, "to designate corridors of
roads as Traffic Safety Corridors."
9:10:21 AM
Mr. MacKinnon reiterated the fact that the TSC designation would
be accompanied by increased law enforcement efforts, which would
be supported by the Department of Transportation and Public
Facilities using federal highway aid Safety Sanction Funds
(SSF)". The State must utilize SSF to address road safety issues
such as "road improvements on the geometry side of things",
education programs such as the State's "Click It or Ticket" seat
belt message, or increased Driving Under the Influence (DUI)
enforcement.
Mr. MacKinnon specified that this bill would allow the increased
revenue resulting from the double traffic fines collected in the
TSC "to be returned to the Department". Those funds would then
be funneled to the Department of Public Safety to provide for
the expense of the increased enforcement on the TSCs.
9:11:39 AM
Mr. MacKinnon informed the Committee that the Department of
Transportation and Public Facilities worked with the Department
of Public Safety "in crafting" this legislation.
Mr. MacKinnon referred the Committee to four maps [copies on
file] "that illustrate the point that we are trying to make".
The maps depict a 13-mile segment on the Parks Highway from
Lucus Road to the Alaska Railroad-Houston Crossing; a 9.94 mile
segment on the Palmer/Wasilla Highway from Glenn Highway to
Parks Highway; a 17.25 mile segment on the Knik/Goose Bay Road
from Parks Highway to Point McKenzie Road; and a 26.94 mile
segment on the Seward Highway from Potter Marsh to Girdwood.
Mr. MacKinnon explained that each map depicts the location of
each fatal accident that occurred on that specific highway
segment during the years 1977 to 2005. Each fatality is
portrayed in either a blue or yellow box. A blue box indicates
that alcohol and drugs were the driver behavior issue involved
in the fatality; a yellow box indicates that such things as
inattention, unsafe speed, and improper lane changes were
involved. The increased enforcement proposed in this bill would
have a tremendous "affect on controlling driver behavior".
9:13:08 AM
Senator Stedman asked whether the increased traffic penalties
proposed in this bill would include points against a person's
driver's license or additional penalties for drug and/or alcohol
use offenses.
Mr. MacKinnon responded that the bill would be limited to
increased fine penalties. Points against a driver for the
offense would not be doubled in the TSCs.
Co-Chair Green declared that the penalty would address excess
speed.
Mr. MacKinnon affirmed. This legislation would "hit them in the
pocketbook".
Co-Chair Green clarified that the penalty would not affect the
point scenario.
Senator Stedman, while agreeing that doubling fines "would get
people's attention," opined that increasing the point penalty
would further the effort to modify drivers' behavior. Thus, he
asked whether a discussion on the point issue had occurred.
Co-Chair Green pointed out that the point issue had not been
addressed when separate legislation increasing penalties in
construction zones had been discussed.
9:15:24 AM
CINDY CASHEN, Administrator, Highway Safety Office, Department
of Transportation and Public Facilities viewed Senator Stedman's
increased point query as "a good" question. Noting that Duane
Bannock, Director, Division of Motor Vehicles, Department of
Administration, could more appropriately respond to the
question, she remarked, "that when there's excessive speeding",
a separate charge referred to as "racing" could be applied.
Points would accompany that charge. Continuing, she noted that,
"the majority of high risk drivers tend to already have lost
their license. That's not effective in making them change their
behavior. What's effective with them is hitting them in the
pocketbook."
9:16:19 AM
Co-Chair Wilken suggested that the word "may" in Section 1, page
one line 13 of the bill be changed to "shall", as that would
ensure that the Commissioner of the Department of Transportation
and Public Facilities would consult with the Commissioner of the
Department of Public Safety and other pertinent people when
making the TSC determination.
Mr. MacKinnon stated that TSCs would "primarily be rural,"
outside of urban areas. Urban area traffic accidents tend to
occur due to intersection issues rather than "long stretches of
road". It should be mandatory that the Commissioner of
Department of Transportation and Public Facilities consult with
the Department of Public Safety. However, "there might not be a
local entity to consult with. We will consult with any local
entity there is, State, local, or federal."
In response to a question from Co-Chair Wilken, Mr. MacKinnon
voiced no objection to changing the word "may" to "shall".
Amendment #1: This amendment replaces the word "may" with
"shall" in Section 1, page 1 line 13 of the bill.
Co-Chair Wilken moved to adopt Amendment #1.
Co-Chair Green objected for discussion.
Co-Chair Green asked whether the majority of TSCs would be
located on State and federal highways.
Mr. MacKinnon affirmed they would.
Senator Bunde inquired as to whether changing the language from
"may consult with other local, state, and federal agencies…" to
"shall consult with other local, state, and federal agencies…""
would require the State to consult with numerous entities prior
to moving forward or whether the consultation would be limited
to entities responsible with activities within that local area.
Co-Chair Green observed that the Department utilized statistical
information to identify the primary "trouble spots" rather than
consulting "with downtown Wasilla, Mat-Su, or the City and
Borough of Anchorage" officials. Continuing, she asked whether
the Department consulted with local entities when considering
changing the speed limit on State highways.
Mr. MacKinnon responded the Department, while it "is not
required" to consult with local entities when changing speed
limits on State highways, does so "as a matter of courtesy".
Co-Chair Wilken opined the term "'consult' is a pretty loose
word." The Department should endeavor to provide local entities
with at least, "a minimal level of consultation. … It doesn't
speak to being approved or passed by any sort of assembly or
anything, it'll just let them know;" particularly in regards to
any impending "traffic restrictions".
Mr. MacKinnon understood the intent to be for the Department to
"consult with other local, State, and federal agencies with
responsibility for traffic safety in that area". This would
include the local police department.
Co-Chair Wilken pointed out that the sentence in question
"speaks to 'a traffic safety corridor'".
LIEUTENANT JAMES HELGOE, Alaska State Troopers, informed the
Committee that the Department of Public Safety "does share
information with all local and municipal law enforcement
agencies for statistical gathering for grant statistics that
come through Highway Safety."
9:20:56 AM
Lieutenant Helgoe shared that the Department of Public Safety
has "good working relationships with the Wasilla Police
Department, the Palmer Police Department, and all police
departments in the State." The Department would continue to
share statistical information.
Co-Chair Green withdrew her objection to the amendment.
There being no further objection, Amendment #1 was ADOPTED.
Co-Chair Wilken asked for an explanation of the Alaska Traffic
Manual handout titled "Draft" [copy on file] the Department of
Transportation and Public Facilities had distributed.
Mr. MacKinnon explained that the Highway Traffic Manual dictates
to the Department "when and where signs should be used and how
they should be placed." The regulations proposed in the Draft
would be specific to traffic safety corridors. Including this
language in the Traffic Manual would allow adjustments to be
make quickly "were it found that, "for some reason the target we
picked was not correct. Were the language included in State
Statute, the process of changing it would be more "cumbersome".
If we put it into regulation, it is a much more time consuming
process to change it." "The Traffic Manual's what governs where
we put signs, how we put'em, why we put'em as well as the kinds
of signs" that are placed.
9:22:33 AM
Co-Chair Wilken understood therefore that the language reflected
in the "Draft" document "would be inserted into the Traffic
Manual", were this bill adopted.
Mr. MacKinnon affirmed. Continuing, he noted that in order to
establish a TSC, certain "thresholds must be reached";
specifically the Department must have "a three year record
looking back … and show that the fatal plus major injury
accident rate per mile exceeds 110 percent of the Statewide
average". After three years, a TSC designation could be
disestablished were the statistics to reflect "a significant
improvement" in the accident rate.
9:23:30 AM
Mr. MacKinnon stated that the establishment of a TSC would be
accompanied by publicity and public information. This would also
occur were a TSC dis-established, as that would substantiate the
program's success.
Senator Bunde agreed with the concept of the program. The
"unfortunate" aspect of the situation is that people must die
before the program could be established. Continuing, he asked
whether a local group or government could identity a particular
road as dangerous "and appeal to the Department" to have it
designated as a TSC prior to fatalities occurring.
Mr. MacKinnon responded that "there is always the potential" to
do that; however, he questioned whether the anticipation that a
particular road segment might be dangerous without statistics
would suffice. Continuing, he cautioned that establishing "too
many" TSCs could reduce their "effectiveness". He agreed "it is
a sad thing" that lives must be lost in order to establish a
safety corridor.
9:25:23 AM
Senator Stedman asked regarding "the interaction" that might
occur between the Department and a small community desiring "to
take a pro-active approach" to reduce speed limits on one of its
roads in order to curtail fatalities. He understood that the
Department "has been fairly responsive" to these types of
requests.
Mr. MacKinnon affirmed that the Department is responsive to such
situations when "enough people" are concerned about a particular
road. While the Department also receives requests to increase
the speed limit on certain roads, "there's a lot more resistance
to increasing speed limits."
Mr. MacKinnon pointed out that on certain road segments, simply
reducing the speed limit would "not necessarily result in a
decrease in accidents because it's the speeders that are causing
the problems and not the people obeying the speed limit." The
Department would not post a speed limit exceeding "the
geometries" of the road. The goal of establishing TSCs "is to
direct this effort toward driver behavior."
Co-Chair Green noted that language in Section 1, page 1 lines 9
through 12 might address Senator Bunde and Senator Stedman's
concerns about whether people could request certain roads to be
designated as TSCs. This information reads as follows.
In establishing the criteria, the commissioner may consider
accident data and reports, the types and volume of
vehicular traffic, engineering and traffic studies and
other relevant factors.
Co-Chair Green believed that this language would provide a
manner through which citizen concerns could be addressed.
Mr. MacKinnon agreed that the language would allow "non-
technical reasons" to be considered in the establishment of a
TSC. Again, the Department's concern would be that establishing
too many TSCs would be counterproductive. The Department has
proposed in the Draft regulations that "no more than ten" TSCs
be established Statewide. Establishing too many would reduce
their effectiveness. "There would also be the question of
whether the Alaska State Troopers or the local PDs (police
departments) would be able to adequately increase enforcement."
Co-Chair Green remarked that that would be a "major"
consideration.
Senator Olson stated that increasing the level of fines in a TSC
could be characterized as "counterintuitive", as the people
guilty of the offenses might be dead.
Mr. MacKinnon responded that the "sad part" is that "quite often
the fatalities" are innocent victims rather than the person who
was driving offensively.
Senator Olson asked regarding the collection rate on such fines.
Mr. MacKinnon responded that he would endeavor to provide this
information.
Senator Olson remarked that such information would assist in
determining the effectiveness of the program.
9:29:47 AM
Senator Stedman pointed out that the $5,000 fiscal impact
depicted on the Department of Transportation and Public
Facilities fiscal note #1 should be $5,000 per corridor.
Consideration might be given to increasing the fiscal note in
order to more accurately reflect the expense of seven to ten
corridors. The cost for seven corridors would be $35,000.
Mr. MacKinnon affirmed the fiscal impact would be $5,000 per
corridor. A "significant amount of signage" would be erected in
each corridor to alert drivers they were in a TSC with double
traffic fines. Signs would be placed to designate the beginning
and end of a TSC as well as throughout its length.
9:31:17 AM
Co-Chair Wilken thought the aforementioned maps were
interesting. To that point, he suggested that the map legend
should identity the significance of the blue and yellow boxes.
Mr. MacKinnon qualified that each box depicted on the map
indicates a fatality. Blue boxes indicate that alcohol or drug
abuse was a factor in the fatality. Yellow boxes indicate other
factors as being involved.
Mr. MacKinnon agreed that this information should be specified.
Continuing he noted that the Department of Public Safety was
interested in getting copies of the maps to distribute to their
staff, as the information would assist the Alaska State Troopers
in determining where they should focus their enforcement
efforts. The red dots on the map indicate where major accidents
and fatalities have occurred after a significant highway
improvement. The white dots indicate where accidents and
fatalities occurred before major highway improvements.
9:33:15 AM
Co-Chair Green asked whether the double fine signage at
construction sites has made a "notable difference" in driver's
speed.
9:33:41 AM
KURT SMITH, State Highway Traffic Engineer, Department of
Transportation and Public Facilities informed the Committee that
no data is available in this regard as such data "is hard to
collect in construction zones". The overall feeling of people
working at construction projects is that the signs "are
generally effective".
Co-Chair Green remarked that the signs catch her attention when
she is driving in a construction zone.
9:34:53 AM
Senator Bunde moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objection, CS SB 261(FIN) was REPORTED from
Committee with previous $5,000 fiscal note #1 dated January 30,
2006 from the Department of Transportation and Public
Facilities; previous zero fiscal note #2 dated January 27, 2006
from the Department of Public Safety; and new zero fiscal note
dated March 17, 2006 from the Alaska Court System.
9:35:39 AM
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