Legislature(2013 - 2014)CAPITOL 120

03/28/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 205 TRAFFIC OFFENSES: FINES/SCHOOL ZONES TELECONFERENCED
Heard & Held
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Heard & Held
+ HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 235 CONFIDENTIALITY OF APOC COMPLAINTS TELECONFERENCED
Heard & Held
          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.                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB282 Sponsor Statement.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB 282 ver. N.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Sectional Analysis.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CS HB 282 L&C.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.1.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.3.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.4.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CS HB282 (L&C) Amendment P.5.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Fiscal Note~DOR.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB 282 Opposition Letter~Mellen Investment Company.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Documents - Realtor Letter.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Document-Email Kris Abegg 02-24-2014.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Documents-Letter Cathleen Hahn 03.11.14.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Opposition Letter~AK Hotel & Lodging Association.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB235 verY.pdf HJUD 3/28/2014 1:00:00 PM
HB 235
CSHB 235 ver Y Explanation of Changes.pdf HJUD 3/28/2014 1:00:00 PM
HB 235
CSHB 235 ver Y Section Analysis.pdf HJUD 3/28/2014 1:00:00 PM
HB 235