02/23/1998 01:07 PM House JUD

HB 87 - TRAFFIC OFFENSES IN HIGHWAY WORK ZONES                                 
                                                                               
Number 2412                                                                    
                                                                               
CHAIRMAN GREEN announced the final item of business would be HB 87,            
"An Act relating to fines and bail forfeiture amounts for certain              
offenses committed within highway work zones."                                 
                                                                               
REPRESENTATIVE KIM ELTON, sponsor, characterized HB 87 as                      
straightforward.  It doubles the fines for speeding, and for                   
reckless or negligent driving, in a highway construction zone.  It             
is designed to lessen the danger that these workers face every day             
in construction zones.  It is similar to legislation that has                  
recently been passed in New York, Delaware, Iowa and Virginia.                 
                                                                               
REPRESENTATIVE ELTON advised members that he had a videotaped news             
story from the state of Washington, which showed a motor vehicle               
accident in a highway working zone that happened the same day that             
state's law went into effect.  Hawaii has something even more                  
stringent, requiring that a police officer be posted in each work              
zone, which is probably one step further than this bill goes.                  
                                                                               
Number 2462                                                                    
                                                                               
REPRESENTATIVE ELTON referred to committee packets and informed                
members that although the department does not track accidents in               
work zones, they had provided anecdotal material.                              
                                                                               
TAPE 98-23, SIDE B                                                             
Number 0006                                                                    
                                                                               
REPRESENTATIVE ELTON mentioned problems that had occurred in                   
Alaska, including 11 accidents in a work zone on the Glenn Highway             
in 1995, a death in a highway work zone in North Pole five or six              
years ago, and a serious injury in a work zone in the Tudor Road               
area in Anchorage.  Noting that packets did not contain that                   
information sheet, Representative Elton said he would provide it so            
that it could go with the bill if it moved out.                                
                                                                               
Number 0058                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ said these are for state statutes.  He                
asked, "But if there's a municipal ordinance that covers the same              
behavior - in Anchorage, I think it's careless driving - would this            
reach out and touch that kind of conduct?"                                     
                                                                               
REPRESENTATIVE ELTON said no, this applies only to projects that               
are occurring in work zones on state highways and state-maintained             
road systems.  He suggested the question is local option, that if              
a municipality wants to extend that type of enhanced penalty in                
their projects, they could do that.                                            
                                                                               
CHAIRMAN GREEN suggested that where that highway runs through a                
municipality, it still is in effect.                                           
                                                                               
REPRESENTATIVE ELTON said that is correct.  He said a good example             
is the accident on the Seward Highway accident near Tudor, noting              
that that is a state-maintained road.                                          
                                                                               
Number 0096                                                                    
                                                                               
REPRESENTATIVE PORTER said that if the Anchorage Police Department             
(APD) investigated the accident in that case, the APD would make a             
citation under the city traffic code, which to his knowledge                   
doesn't have this provision.                                                   
                                                                               
REPRESENTATIVE ELTON responded, "I think that's right.  I mean,                
Representative Porter would know more about this.  But wouldn't the            
municipality also have the option, if it happened in a state area,             
to make the citation under the state code also?"                               
                                                                               
REPRESENTATIVE PORTER replied that they have that option, but they             
use the municipal code.                                                        
                                                                               
CHAIRMAN GREEN asked whether there were further questions.                     
                                                                               
Number 0119                                                                    
                                                                               
REPRESENTATIVE JAMES made a motion to move HB 87 out of committee              
with individual recommendations and the attached zero fiscal notes.            
                                                                               
CHAIRMAN GREEN asked whether there was any objection.                          
                                                                               
REPRESENTATIVE BUNDE objected to comment that there is so little               
road construction in Alaska that he doesn't think this bill will               
have much impact.  He then removed his objection.                              
                                                                               
Number 0144                                                                    
                                                                               
CHAIRMAN GREEN announced that hearing no objection, HB 87 was moved            
from the House Judiciary Standing Committee.