Legislature(2005 - 2006)BUTROVICH 205

02/23/2005 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 83 TERM. PARENTAL RTS/CINA/DELINQUENCY CASES TELECONFERENCED
Heard & Held
+ SB 84 CHILD PROTECTION CONFIDENTIALITY TELECONFERENCED
Scheduled But Not Heard
*+ SB 109 INCREASE FINE FOR SCHOOL ZONE VIOLATIONS TELECONFERENCED
Moved CSSB 109(JUD Out of Committee
        SB 109-INCREASE FINE FOR SCHOOL ZONE VIOLATIONS                                                                     
                                                                                                                              
SENATOR GARY WILKEN, sponsor of  SB 109, described the purpose of                                                               
the  bill  was a  measure  to  create  double fines  for  traffic                                                               
violations in school zones during school hours.                                                                                 
                                                                                                                                
8:40:26 AM                                                                                                                    
SENATOR WILKEN introduced  Crossing Guard Bob Myers  and Lt. Todd                                                               
Sharp.                                                                                                                          
                                                                                                                                
SENATOR  HUGGINS   asked  Senator   Wilken  whether   buses  were                                                               
considered in the bill.                                                                                                         
                                                                                                                                
8:43:11 AM                                                                                                                    
SENATOR WILKEN  stated his belief  that buses are  well accounted                                                               
for in existing legislation.                                                                                                    
                                                                                                                                
SENATOR FRENCH drew attention to  a paragraph in the Alaska State                                                               
Troopers fiscal note concerning  modification of the current bail                                                               
schedule. He asked Senator Wilken to clarify.                                                                                   
                                                                                                                                
SENATOR WILKEN deferred to Lt. Sharp.                                                                                           
                                                                                                                                
LT. TODD SHARP,  Alaska State Troopers, advised  the current bail                                                               
schedule would need to be modified.                                                                                             
                                                                                                                                
SENATOR FRENCH asked Lt. Sharp  to explain the difference between                                                               
the bail amount and the fine amount.                                                                                            
                                                                                                                                
LT. SHARP  responded the penalty  would be set at  twelve dollars                                                               
per mile per hour and the fine would be doubled.                                                                                
                                                                                                                                
8:48:30 AM                                                                                                                    
LT. SHARP clarified the fine amount  is based on the bail for the                                                               
amount of  speed over the  limit. The penalty is  the incremental                                                               
unit through which the fine is determined.                                                                                      
                                                                                                                                
SENATOR  FRENCH asked  if the  bail  was the  amount posted  when                                                               
contesting a ticket.                                                                                                            
                                                                                                                                
LT. SHARP affirmed.                                                                                                             
                                                                                                                                
CHAIR SEEKINS  asked the reason  the Anchorage  Police Department                                                               
has a  disproportionate amount of  traffic citations  and whether                                                               
there was  a specific  area with a  regular patrol  that accounts                                                               
for the disproportionate number of tickets.                                                                                     
                                                                                                                                
LT. SHARP did not know.                                                                                                         
                                                                                                                                
8:51:23 AM                                                                                                                    
SENATOR  HUGGINS  asked  whether  SB 109  would  require  a  sign                                                               
alerting people of the double fines.                                                                                            
                                                                                                                                
SENATOR  WILKEN  responded  the  bill  only  stipulates  flashing                                                               
lights.                                                                                                                         
                                                                                                                                
SENATOR THERRIAULT  asked Lt.  Sharp if  the fine  always matches                                                               
the bail.                                                                                                                       
                                                                                                                                
LT. SHARP  said if someone  contests the citation, a  judge could                                                               
reduce the fine. She or he could not exceed the fine.                                                                           
                                                                                                                                
CHAIR SEEKINS  noted sometimes blinking  lights are  not visible.                                                               
He  asked if  it was  possible  to ensure  that such  a light  is                                                               
visible to all drivers.                                                                                                         
                                                                                                                                
SENATOR  WILKEN  said  the  visibility  of  the  light  would  be                                                               
determined by Department of Transportation (DOT) specifications.                                                                
                                                                                                                                
SENATOR THERRIAULT  asked Lt. Sharp  to describe  the computation                                                               
of  how  the  surcharge  [funding   police  office  training]  is                                                               
figured.                                                                                                                        
                                                                                                                                
LT. SHARP  responded the surcharge  would be ten dollars  for any                                                               
variation of the penalty.                                                                                                       
                                                                                                                                
SENATOR  GUESS asked  Senator Wilken  to explain  the reason  the                                                               
bill stipulates flashing  yellow lights. She said  most lights in                                                               
her districts don't have flashing yellow lights.                                                                                
                                                                                                                                
SENATOR WILKEN responded  flashing lights define when  an area is                                                               
active.                                                                                                                         
                                                                                                                                
8:57:48 AM                                                                                                                    
MR. BOB MEYER,  crossing guard, introduced himself  in support of                                                               
the  bill.  He  described  the pertinent  aspects  of  his  work.                                                               
Children cross the  street unattended after 3:00  pm. Speeding is                                                               
common in the areas he has worked.                                                                                              
                                                                                                                                
9:00:08 AM                                                                                                                    
Peak time for student crossing  coincides with morning rush hour.                                                               
Drivers sometimes run stop signs or slide through them.                                                                         
                                                                                                                                
9:02:41 AM                                                                                                                    
MR. MEYER thanked  Senator Wilken for sponsoring  SB 109. Several                                                               
more people violate  the crossing zone than  are caught. Children                                                               
are often hit, injured, and killed.                                                                                             
                                                                                                                                
9:05:08 AM                                                                                                                    
CHAIR SEEKINS asked  whether there is a flashing  yellow light on                                                               
Danby road.                                                                                                                     
                                                                                                                                
MR. MEYER responded yes.                                                                                                        
                                                                                                                                
SENATOR WILKEN added SB 109  would be effective immediately in 95                                                               
zones across the state.                                                                                                         
                                                                                                                                
MS. NONA WILSON,  legislative liaison for DOT,  offered to answer                                                               
questions.                                                                                                                      
                                                                                                                                
CHAIR SEEKINS asked  Ms. Wilson the standard  for flashing yellow                                                               
lights.                                                                                                                         
                                                                                                                                
MS.  WILSON responded  DOT focuses  on  consistency. The  control                                                               
devices  [flashing yellow  signs] are  placed outside  the lanes.                                                               
The standard  is two  installations. Sometimes  a third  light is                                                               
applied.                                                                                                                        
                                                                                                                                
9:08:52 AM                                                                                                                    
Criteria for placing signs are  complicated and are determined by                                                               
speed  of  traffic,  volume  of  traffic,  and  the  age  of  the                                                               
students. The cost for sign installation is $70,000.                                                                            
                                                                                                                                
CHAIR SEEKINS  mentioned he has  experienced rampant  speeding on                                                               
Minnesota  Avenue in  Fairbanks.  He has  often  missed the  sign                                                               
himself.  He  questioned the  responsibility  of  posting such  a                                                               
sign.                                                                                                                           
                                                                                                                                
9:12:47 AM                                                                                                                    
CHAIR SEEKINS wondered whether the  bill should include a mention                                                               
of visibility of signs.                                                                                                         
                                                                                                                                
MS. WILSON  noted the  alternative for  DOT would  be to  try and                                                               
provide additional advanced warning signage.                                                                                    
                                                                                                                                
9:14:46 AM                                                                                                                    
SENATOR  HUGGINS  wondered  whether   the  bill  included  school                                                               
parking  lots. He  expressed  concern about  the  hazards in  the                                                               
parking lots.                                                                                                                   
                                                                                                                                
9:18:03 AM                                                                                                                    
SENATOR  THERRIAULT asked  Lt. Sharp  if  the department  usually                                                               
tickets for three miles per hour over the speed limit.                                                                          
                                                                                                                                
LT. SHARP responded usually not.                                                                                                
                                                                                                                                
SENATOR WILKEN moved Amendment 1.                                                                                               
     Page 2, line 2 after the word "area" insert the word                                                                       
     "clearly". After the word "lights" insert "visible from all                                                                
     lanes of traffic."                                                                                                         
                                                                                                                                
Hearing no objections, Amendment 1 was adopted.                                                                                 
                                                                                                                                
SENATOR THERRIAULT  asked how Alaskans  would be informed  of the                                                               
new law.                                                                                                                        
                                                                                                                                
MS. WILSON said the DOT would be responsible for an ad campaign.                                                                
                                                                                                                                
SENATOR  HUGGINS   moved  CSSB   109(JUD)  from   committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         

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