Legislature(2007 - 2008)CAPITOL 17

02/15/2007 01:30 PM House TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
*+ HB 102 PASSING STATIONARY VEHICLES TELECONFERENCED
Moved Out of Committee
*+ HB 126 DRIVER'S LICENSES AND PERMITS TELECONFERENCED
<Bill Hearing Canceled>
*+ HJR 8 WASHINGTON CONTAINER FEE TELECONFERENCED
Moved CSHJR 8(TRA) Out of Committee
*+ HB 8 J. KEVIN LAMM TRAINING FACILITY TELECONFERENCED
Heard & Held
HB 102-PASSING STATIONARY VEHICLES                                                                                            
                                                                                                                                
1:35:11 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR NEUMAN  announced that  the first  order of  business                                                               
would be HOUSE  BILL NO. 102, "An Act relating  to vacating lanes                                                               
or slowing down for certain vehicles  stopped along the side of a                                                               
road."                                                                                                                          
                                                                                                                                
1:36:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHN  COGHILL, Alaska State  Legislature, sponsor,                                                               
presented HB 102.  He  explained that under current law regarding                                                               
highways with two  or more lanes in the same  direction, a driver                                                               
approaching emergency  vehicles performing official  duties shall                                                               
pull over or slow to a  prudent speed.  This language is creating                                                               
enforcement problems.   Also,  the current  law does  not address                                                               
single  lane highways.   He  said HB  102 cleans  up the  current                                                               
statute  by describing  a two-lane  situation in  which a  driver                                                               
must pull over  if possible and a single-lane  situation in which                                                               
a  driver must  slow down.   This  provides a  safety zone  and a                                                               
method for  making violations  of the  safety zone  punishable in                                                               
court.                                                                                                                          
                                                                                                                                
1:37:59 PM                                                                                                                    
                                                                                                                                
KAREN  LIDSTER,  Staff  to Representative  John  Coghill,  Alaska                                                               
State Legislature,  reiterated that the  purpose of HB 102  is to                                                               
clean up the current law's  language and ensure the protection of                                                               
law enforcement  officials and emergency service  providers.  She                                                               
directed attention  to a  written statement  of support  from the                                                               
Public  Safety Employees  Association and  a resolution  from the                                                               
Alaska  Association of  Chiefs of  Police.   She  also noted  the                                                               
presence of  Lauren Rice, Special  Assistant with  the Department                                                               
of Public Safety.                                                                                                               
                                                                                                                                
1:39:27 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  NEUMAN asked  who contacted  Representative Coghill's                                                               
office regarding this issue.                                                                                                    
                                                                                                                                
MS. LIDSTER  responded that Representative Coghill  was contacted                                                               
by an  individual who was given  a ticket between North  Pole and                                                               
Fairbanks.   Her first contact,  she said,  was with the  City of                                                               
Fairbanks  Chief of  Police, Daniel  Hoffman.   She relayed  that                                                               
Chief Hoffman felt the intent of  the law is to protect emergency                                                               
providers  and law  enforcement  personnel  by requiring  passing                                                               
drivers to  first choose moving into  another lane if safe  to do                                                               
so "or" to  slow down if changing lanes is  not possible.  Moving                                                               
to the farthest  lane if possible is the safest  first choice for                                                               
the emergency personnel  on the highway.  However,  the word "or"                                                               
makes the law  unenforceable because it gives drivers  no need to                                                               
first choose  the farthest  lane when it  is safe to  do so  on a                                                               
highway with two lanes going in the same direction.                                                                             
                                                                                                                                
1:41:53 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Attachment,                                                               
Division of  Alaska State Troopers, Department  of Public Safety,                                                               
stated that  the department  fully supports HB  102.   He pointed                                                               
out that 30  states have similar laws, referred to  as "move over                                                               
laws", which are intended to  protect police, fire, and emergency                                                               
service personnel.   He  cited national  statistics that  show 30                                                               
percent  of all  crashes occur  as the  result of  another crash.                                                               
Giving  emergency responders  plenty of  room reduces  the chance                                                               
that another  collision will occur.   This issue,  he emphasized,                                                               
is important for  the public, too, because for  every minute that                                                               
a freeway lane is  closed or a two lane road  is closed, it takes                                                               
an average of four additional  minutes for traffic to recover and                                                               
this accounts  for about  60 percent of  urban congestion.   Over                                                               
the  past  10  years,  he   reported,  approximately  471  police                                                               
officers  nationwide  have  died  in  traffic-related  accidents,                                                               
including  about 146  who were  struck by  vehicles.   He further                                                               
noted  that FBI  statistics show  traffic crashes  now claim  the                                                               
lives of more  police personnel than any other cause  of death in                                                               
the line  of duty,  including shootings,  with 13  officers being                                                               
struck and  killed last year  while they worked outside  of their                                                               
vehicles.                                                                                                                       
                                                                                                                                
1:44:10 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR NEUMAN  asked  what procedures  are  employed by  the                                                               
department  to  ensure  trooper  safety when  they  pull  over  a                                                               
vehicle.                                                                                                                        
                                                                                                                                
LIEUTENANT  DIAL  explained  that  officers are  trained  at  the                                                               
Department of Public Safety Academy  to park vehicles in a manner                                                               
that offsets  the vehicle  just slightly  into the  traffic lane.                                                               
This provides  a little  bit of  a barrier  for oncoming  cars so                                                               
that they  have to move slightly  over to the left  with the idea                                                               
that either  the police  vehicle or  the vehicle  in front  of it                                                               
would be  hit before the  officer.   Also, he said,  officers are                                                               
equipped  with various  warning devices  such as  lights, flares,                                                               
and reflective equipment.                                                                                                       
                                                                                                                                
1:45:29 PM                                                                                                                    
                                                                                                                                
VERNON  MARSHALL,  Lobbyist  for   the  Public  Safety  Employees                                                               
Association  (PSEA), Juneau,  stated that  the PSEA  supports the                                                               
bill and  has provided  a position  paper to  the committee.   He                                                               
said the  bill corrects  a technical error  and will  promote the                                                               
protection  of public  safety officers,  as well  as the  public,                                                               
when  dealing  with  an accident  or  conducting  an  enforcement                                                               
action.                                                                                                                         
                                                                                                                                
1:47:02 PM                                                                                                                    
                                                                                                                                
VICE CHAIR NEUMAN, after ascertaining  that no one else wished to                                                               
testify, closed public  testimony.  He then  took the opportunity                                                               
to note that  Representative Ramras's amendment last  year to [AS                                                               
28.35.185(a)] added "tow trucks" to  the list of emergency, fire,                                                               
and  law enforcement  vehicles for  which this  law applies.   He                                                               
pointed out  that tow truck  drivers brought this  issue forward,                                                               
and   allowing   the  public   to   come   to  legislators   with                                                               
recommendations  is an  important  part of  what the  legislature                                                               
does.                                                                                                                           
                                                                                                                                
1:47:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  moved to report  HB 102 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 102 was reported  from the                                                               
House Transportation Standing Committee.                                                                                        
                                                                                                                                

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