Legislature(2013 - 2014)BARNES 124
03/13/2014 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HCR24 | |
| HB317 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 317 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HCR 24 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 13, 2014
8:05 a.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Benjamin Nageak, Co-Chair
Representative Neal Foster
Representative Bob Herron
Representative Sam Kito III
MEMBERS ABSENT
Representative Kurt Olson
Representative Lora Reinbold
COMMITTEE CALENDAR
HOUSE CONCURRENT RESOLUTION NO. 24
Recognizing, honoring, supporting, and encouraging support for
dog mushing and dog mushers in the state.
- MOVED HCR 24 OUT OF COMMITTEE
HOUSE BILL NO. 317
"An Act relating to official traffic-control devices at schools
and in school zones."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HCR 24
SHORT TITLE: SUPPORTING DOG MUSHING
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
03/03/14 (H) READ THE FIRST TIME - REFERRALS
03/03/14 (H) CRA
03/11/14 (H) CRA AT 8:00 AM BARNES 124
03/11/14 (H) Moved Out of Committee
03/11/14 (H) MINUTE(CRA)
03/13/14 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 317
SHORT TITLE: TRAFFIC CONTROL DEVICES NEAR SCHOOLS
SPONSOR(s): TUCK
02/19/14 (H) READ THE FIRST TIME - REFERRALS
02/19/14 (H) CRA, TRA
03/13/14 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE CHRIS TUCK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 317.
CONNIE MCKENZIE, Legislative Liaison
Office of the Commissioner
Department of Transportation & Public Facilities
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing of HB
317.
KENDRA KLOSTER, Staff
Representative Chris Tuck
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing of HB
317.
JESSICA ULLRICH
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 317.
CORRINE OSBORNE
North Las Vegas, Nevada
POSITION STATEMENT: Testified in support of HB 317 at the
request of Representative Tuck.
SUSANNA ORR
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 317.
ROBERT BOYLE, Superintendent
Ketchikan Gateway Borough School District
Ketchikan, Alaska
POSITION STATEMENT: Testified during the hearing of HB 317.
LUKE HOPKINS, Mayor
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: Suggested amending HB 317.
BOB PRISTASH, Lead Engineer
Design and Construction
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing of HB 317.
KIMBERLY CLARK
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 317.
KATHIE WASSERMAN, Executive Director
Alaska Municipal League
Juneau, Alaska
POSITION STATEMENT: Expressed her concern about the structure
of HB 317.
ACTION NARRATIVE
8:05:27 AM
CO-CHAIR GABRIELLE LEDOUX called the House Community and
Regional Affairs Standing Committee meeting to order at 8:05
a.m. Representatives Foster, Kito III, Nageak, LeDoux were
present at the call to order. Representative Herron arrived as
the meeting was in progress.
HCR 24-SUPPORTING DOG MUSHING
8:05:58 AM
CO-CHAIR LEDOUX announced that the first order of business would
be HOUSE CONCURRENT RESOLUTION NO. 24, Recognizing, honoring,
supporting, and encouraging support for dog mushing and dog
mushers in the state.
8:06:32 AM
CO-CHAIR NAGEAK moved to rescind the committee's action on
3/11/14 in reporting HCR 24 from committee. There being no
objection, HCR 24 was again before the committee.
8:06:45 AM
CO-CHAIR NAGEAK moved to report HCR 24, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HCR 24 was reported out of the House
Community and Regional Affairs Standing Committee.
8:07:11 AM
The committee took an at-ease from 8:07 a.m. to 8:08 a.m.
HB 317-TRAFFIC CONTROL DEVICES NEAR SCHOOLS
8:08:58 AM
CO-CHAIR LEDOUX announced that the final order of business would
be HOUSE BILL NO. 317, "An Act relating to official traffic-
control devices at schools and in school zones."
8:09:19 AM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, speaking as
the sponsor of HB 317, said the safety and well-being of
Alaska's children should be its top priority. Representative
Tuck noted that school zones are essential, regardless of the
type of school or the funding it receives. Charter schools are
public schools, but mandatory school zones are not required
around charter school buildings. In response to public and
parental concerns, HB 317 brings increased safety precautions to
all schools, to ensure the well-being of every child, by
requiring installation of school zones for all public, private,
and religious schools, while still allowing the discretion of
the municipality on the location and placement of signs, speed
zones, lights, or other measures. Drivers should be alerted to
all areas where children will be present in large numbers, and
requiring school zone markings at all school locations will slow
traffic, improve student safety in the vicinity of schools, and
may prevent tragic accidents. In addition, the bill also
requires signage to indicate school zones are drug-free zones.
Representative Tuck read in part from the bill on page 1, line
4, as follows:
The regulations adopted by the department under (a) of
this section must include provisions for the posting
of official traffic-control devices at schools and in
school zones. In this subsection, "school" has the
meaning given in AS 28.01.010(k).
REPRESENTATIVE TUCK continued to explain that section 2 amends
[AS 28.01.010(d)] to direct that municipalities post official
traffic-control devices at schools and in school zones. Section
3 defines "school" to mean a public school established under AS
14, a "charter school" as defined in [AS 14.03.290], a private
school" as defined in [AS 14.45.200], and a "religious school"
as defined in AS [14.45.200].
REPRESENTATIVE FOSTER asked for information regarding any fiscal
notes attached to the bill.
REPRESENTATIVE TUCK responded that the fiscal notes address
annual maintenance costs, regional operating costs, and capital
expenditures for signage.
8:12:44 AM
CONNIE MCKENZIE, Legislative Liaison, Office of the
Commissioner, Department of Transportation & Public Facilities,
explained that the Department of Transportation & Public
Facilities (DOT&PF) has prepared three fiscal notes because the
state is divided into three regions. The department's traffic
engineers have calculated that about 30 percent of all schools
affected by the proposed bill are located on state-owned roads,
and further calculated that in some areas school zone signage
already exists, but schools would need school zone signs and
flashers installed, and some areas need "the full assembly" of
signage.
CO-CHAIR LEDOUX asked whether DOT&PF currently has signage
around all neighborhood public schools on state-owned roads, but
does not put up signage around charter schools.
MS. MCKENZIE said no. However, there are not necessarily school
zone signs for every neighborhood school; the department works
with school districts and municipalities to determine the
location and type of signage that is necessary.
CO-CHAIR LEDOUX asked whether the current status is simply
"discriminating against charter schools."
MS. MCKENZIE said, "I'm not aware of, I don't know if there's
signage at charter schools or not, I don't know if any charter
schools have been evaluated to have signage."
REPRESENTATIVE FOSTER surmised the cost of the bill is not a
cost to the school, but a cost to DOT&PF.
MS. MCKENZIE said correct.
REPRESENTATIVE FOSTER asked whether the fiscal notes include the
cost of signage for schools in villages that may not be located
on state-owned roads.
MS. MCKENZIE responded that DOT&PF estimated that 30 percent of
schools are on state-owned roads, and thus are the state's
responsibility.
8:16:34 AM
REPRESENTATIVE KITO III asked if the department identified
schools that already have signage, so those schools were not
inadvertently included in the cost estimate.
MS. MCKENZIE explained that 139 schools would need "some sort"
of signage, but an analysis was not done on every school.
CO-CHAIR LEDOUX observed the cost to municipalities is not
included in the fiscal notes; however, if the cost to the state
is $20 million for 30 percent of the signs, would the cost to
municipalities be upwards of $40 million, because 70 percent of
schools are located on municipal roads.
MS. MCKENZIE said she was unable to answer that question.
REPRESENTATIVE KITO III requested a breakdown of the fiscal
notes.
MS. MCKENZIE stated that capital costs for the Northern,
Central, and Southeast Regions total approximately $19 million;
the total operating costs are estimated at $200,000.
REPRESENTATIVE TUCK confirmed the overall [capital] cost is
[$19.701.6] for the state.
8:19:23 AM
CO-CHAIR LEDOUX reiterated her presumption of the cost to
municipalities.
REPRESENTATIVE TUCK agreed, although many public schools already
have signage except for charter schools, religious schools, and
private schools. He said he could not estimate the percentage
of schools without signage, but stressed that currently there is
nothing in statute that requires signage for schools of any
type, and the bill ensures that - where practicable - safety
zones would be established.
8:20:34 AM
KENDRA KLOSTER, Staff, Representative Chris Tuck, addressed the
costs in the fiscal notes and pointed out that DOT&PF has
included the installation of flashing lights; however, the
language in the bill states "as [far as] practicable," because
some villages may not need flashing lights and many schools
would only need school zone signs 30 feet from the entrance to
the school. Also, of the 139 schools identified by DOT&PF, some
already have flashing lights. Ms. Kloster related that the bill
sponsor has been contacted by charter schools that only have
walking routes, and municipalities will not post signage at
schools that have no school buses. Some of the charter schools
in Anchorage are located on very busy roads but have received no
help from the municipality to slow down traffic, and that is one
of the reasons for the bill. She remarked,
We don't have to put up big, expensive flashing lights
where they're not needed. This cost that DOT has is
definitely the very top that you could reach, but in
many of these communities you're not going to need
something that expensive.
CO-CHAIR LEDOUX asked whether there are communities that don't
need signage.
MS. KLOSTER opined the intent of the bill is to ensure that
individuals are aware of the location of schools and the need to
slow down. It is appropriate in all areas to have signage to
warn drivers of the proximity of schools and to proceed with
caution.
CO-CHAIR LEDOUX gave the example of a village of 50 people,
where the location of the school could not be missed.
MS. KLOSTER clarified that the proposed legislation affects
cities, boroughs, and municipalities.
REPRESENTATIVE TUCK added that private and religious schools are
often located in business areas where schools aren't normally
located, and they also don't look like traditional schools. The
bill will ensure that people are aware of all school facilities.
8:24:34 AM
REPRESENTATIVE KITO III cautioned that the cost could be a
significant overestimate because in some municipalities there
would be a small number of schools in need of signage.
CO-CHAIR NAGEAK recalled visiting a small school in his
constituency which was located in a busy traffic area and that
would benefit from signage.
REPRESENTATIVE FOSTER noted that the bill is directed to charter
schools. He referred to the language in the bill [on page 1,
line 9], and inquired as to who decides "what's practicable;"
for example, whether an official would dictate to a village what
signage is required, and if it conforms to the bill.
REPRESENTATIVE TUCK explained that DOT&PF has existing state and
federal guidelines on signage. In Anchorage, the municipality
looks at walking routes within a radius of about one-half mile
from a school and determines the best location; however, not all
areas can have a school zone because of certain dangers. The
determination on signage is made on a case-by-case situation,
with the community and school district involved.
8:27:48 AM
CO-CHAIR LEDOUX opened public testimony on HB 317.
8:28:09 AM
JESSICA ULLRICH informed the committee she was the parent of two
children who attend the Alaska Native Cultural Charter School in
Anchorage. She said her children's school moved to a new
building last fall and after she investigated, she found that
the Municipality of Anchorage Traffic Division conducted an
assessment and determined there was no need for 20 mile per hour
(mph) traffic signs. The school is located off of Bragaw
[Street], which is a four-lane road, with a speed limit of 35
mph, and with a hill obstructing vision at the one entrance to
the school. Ms. Ullrich said signage is "very much needed" to
protect children as they are walking and driven to school. She
was told by the Traffic Division that it places a lot of
emphasis on the number of children they observe walking to
school and, at the time of its assessment, only nine children
were seen walking to and from school. Ms. Ullrich suggested
that more students would walk to school if the walk were safer.
She also questioned whether the assessment adequately considered
the effect of the hill on drivers' vision, and whether the
process was subjective when the municipality assesses [the need
for] and pays for signage. Further, she expressed her concern
with the future scheduled changes in the road system that will
lead to increases in traffic flow in the area. She stated her
support for HB 317 as the bill removes the question of
discrimination by the municipality, and described her continuing
efforts in this regard as children's safety is the bottom line.
8:32:57 AM
CORRINE OSBORNE said she used to live in Anchorage and was asked
by Representative Tuck to testify. On October 6, 2003, her 13-
year-old daughter was hit by a car on her way to school and died
two days later. Her daughter was hit in front of the school by
a car going 45 mph, which was the legal speed limit, and there
were no school zone designations or warnings to slow drivers
down. For the next year, Ms. Osborne fought to designate the
area a school zone with a posted speed limit of 25 mph, to add
crosswalks, and to add on-demand stoplights, but was met with
lots of resistance from the city and DOT&PF because of the cost,
the street was an arterial road, and the children had other
options. Eventually, all of the improvements were implemented a
year later, and there have been no accidents or injuries to
children since then. She acknowledged that this is a political
issue, but she is a mother who lost her child due to a
preventable accident. The proposed bill to establish school
zones and install signs at the charter school also has
resistance from DOT&PF, and she strongly urged that before
voting, the committee think of the safety of all of Alaska's
children, and vote to approve the bill.
8:37:04 AM
SUSANNA ORR informed the committee she was speaking as a
concerned parent. She expressed her support of HB 317 and urged
the committee to support the proposed legislature to install
better signage and speed regulations in areas surrounding
schools and community centers that are frequented by children.
Ms. Orr related her recent personal experience in which her
father and her daughter were traveling in a car that was hit by
another car. It is unknown whether the driver who hit them
exceeded the speed limit because the posted speed limit on
O'Malley Road is 50 mph. As a working parent, she noted that
the peak traffic times at her child's school are from 8:45-9:00
a.m., and 3:30-3:45 p.m., when about 150 vehicles enter and exit
from O'Malley Road. Due to the location of their home, her
daughter does not qualify for transportation by school bus which
would drop her off in an area with less traffic, and she is
transported by her grandparent. O'Malley Elementary School is
located off of Rockridge Drive, about one block south of
O'Malley Road, and the speed limit on Rockridge is marked by 20
mph and school signs. There are many students who walk to
school, but there are no sidewalks or road shoulders on either
O'Malley or Rockridge. There is a stop sign on Rockridge at the
intersection with O'Malley, but no signage indicating the
proximity of a school except one sign. The accident her family
was involved in was at a location where many accidents have
occurred because of the lack of signage and a speed zone. Ms.
Orr urged the committee to support HB 317 in order to protect
children across the state who do not have appropriate signage at
their school. She also expressed her fervent hope that this
issue is not rolled into a larger debate of school funding as
this is not an educational issue but one of basic public safety.
CO-CHAIR LEDOUX asked whether Ms. Orr's daughter attends a
neighborhood school or a charter school.
MS. ORR responded that she attends a neighborhood public school.
In further response to Co-Chair LeDoux, she explained that her
school is located on a residential street, and there is signage
within 30 feet of the school, but no signage on the adjacent
state road. Furthermore, on O'Malley Road, the speed limit is
50 mph.
8:44:20 AM
ROBERT BOYLE, Superintendent, Ketchikan Gateway Borough School
District, said [Part 7 of the Alaska Traffic Manual Supplement
to the Manual on Uniform Traffic Control Devices, Federal
Highway Administration, U. S. Department of Transportation
(USDOT)], Chapter 7: Traffic Control for School Areas,
establishes school routes and the requirements for posting signs
around school zones. Urban and rural traffic control matrixes
are presented on tables 7A.100-7A.101, found on page 130, and
establish the criterion that USDOT should follow in the routes
to schools, however, in many cases it fails to do so. In fact,
DOT&PF has adopted an international program called the Safe
Routes to School Program which is designed to encourage walking
and biking to school by establishing safe routes. An
examination of this program in Alaska reveals no mention of
charter schools. On the other hand, the State of New Jersey
specifically includes charter schools in the traffic control
signage that is required by its department of transportation.
Mr. Boyle related the Municipality of Anchorage has a school
zone policy manual and charter schools are not mentioned.
Valley Park School in the Ketchikan Gateway Borough School
District (KGBSD) contains two different charter schools and when
construction changed the entrance to the two schools, KGBSD had
a difficult time with DOT&PF rearranging the traffic control
signs that indicated the school zone. He was unsure whether the
problem was related to the fact that the schools were charter
schools, but it was difficult to get DOT&PF to adhere to their
requirements to put up signs and establish safe zones. He
opined that the extensive costs for the proposed legislation can
be rejected because the requirements for school zones already
exist, and [locating and sizing] the traffic controls are
already presented on the aforementioned tables. He remarked:
And so the [requirement] under House Bill 317 is
simply a requirement that the department of
transportation already has. This is not a new
requirement - the rules, the regulations are there.
The goals of the department are stated in their Safe
Routes to School Program. And those already establish
the routes and how the department should respond to
the fact that charter schools exist. The bigger part
of this bill that I see as important is the
establishment of the fact that charter schools are
indeed public schools. And we need to recognize
charter as public schools within other organizations;
in other words, we as a school district recognize the
charter school - we think it's important for the
establishment of charter schools as public schools
within other organizations, so that they are not
discounted.
8:48:54 AM
CO-CHAIR LEDOUX asked if the documents referenced by Mr. Boyle
specifically exclude charter schools.
MR. BOYLE responded that charter schools are not mentioned, thus
HB 317 "opens the platform" to ensure charter schools are
included.
CO-CHAIR LEDOUX questioned why, if a document refers to public
schools and it is widely known that charter schools are public
schools, that charter schools would not be included, unless
there is a specific exclusion.
MR. BOYLE clarified that his reference was to other states that
explicitly state that charter schools are included; however,
DOT&PF does not make that statement.
REPRESENTATIVE FOSTER said he represents over 60 rural
communities and pointed out that on page 130 of the
aforementioned manual the definition of rural is "a specially
populated area, and rural schools have different traffic control
than urban schools because there are generally fewer students
that must walk to school." Representative Foster said that is
sometimes true but in many parts of Alaska with villages, almost
all of the students walk to school. Although the manual
concludes that placing 20 mph school zones in rural areas is not
always a good idea, Representative Foster pointed out that
Alaska is a "very large and very diverse state."
MR. BOYLE recalled his experience as the superintendent of the
Northwest Arctic Borough School District that had rural schools,
but did not have charter schools. He stressed that HB 317 does
not change the rules or regulations for rural areas, but ensures
that charter schools are recognized with the same status as are
other public schools.
8:52:49 AM
LUKE HOPKINS, Mayor, Fairbanks North Star Borough, informed the
committee that the Fairbanks North Star Borough (FNSB) holds the
responsibility for school construction, properties, and signage.
He stated that he was struck by the power of earlier testimony.
Mayor Hopkins noted that FNSB also utilizes the state Safe
Routes to School Program and reviewed 16 of 34 schools for which
FNSB is responsible. As a result, FNSB developed a large list
of what was necessary to provide safe routes to schools; in
fact, at one school FNSB is providing a section of sidewalk for
children to walk to school that is costing $500,000. Mayor
Hopkins requested that the committee and the sponsor seriously
consider amending HB 317 to include funds for the Safe Routes to
School Program, because from that program individual
municipalities can seek grants and matching funds. He pointed
out that FNSB is very different from Anchorage - the borough has
104 road service areas and many have charter, private, and
religious schools. Although the call for improved safety for
schoolchildren and parents is understandable, a mandate calls
for funds, and he restated his suggestion that funds should be
appropriated to the Safe Routes to School Program. He expressed
his belief that federal funds for the program were provided for
three years but the state is not "picking up that funding
level." Mayor Hopkins asked that legislators give
municipalities the opportunity to apply for grants from the Safe
Routes to School Program. As an example [of possible expenses
to a municipality], he said a seven-inch-high book of needs was
the result of the analyses of just sixteen public schools. He
agreed that safety is serious issue; however, DOT&PF's estimates
may be low because "signs are not the only thing that get the
children to have safe routes."
8:57:17 AM
CO-CHAIR LEDOUX asked if charter schools are considered when
FNSB determines which schools get signage and which do not.
MAYOR HOPKINS answered that FNSB follows the traffic standards
that have been referenced earlier in the hearing. The public
works department makes recommendations to charter schools
regarding signage for that school. He remarked:
A charter school goes out ... and steps into a leased
property. They may or may not put up the signs
because they don't have bus routes, everybody drives
or the children walk. So again, they're not
necessarily in areas where a sidewalk [is], so, it is
true that it's not addressed in our codes. We don't,
we don't have the depth of codes that, say, Anchorage
does, but then we heard that Anchorage does not apply
it to charter schools. So, there are issues that need
to be addressed, that's true. I'm speaking to how we
provide the funding for that operation.
8:59:10 AM
BOB PRISTASH, Lead Engineer, Design and Construction, City of
Fairbanks, said he has been in his position for over 25 years.
From an engineering prospective, he advised that more signage
doesn't necessarily equate to greater safety. The Manual on
Uniform Traffic Control Devices (MUTCD) indicates the size and
location of signs, but does not indicate exactly at which
intersections signs are needed; in fact, some intersections
require a yield sign, a traffic signal, or no stop sign at all.
Mr. Pristash expressed his concern that HB 317 requires the
installation of devices at schools when [officials] really
should be using engineering judgment, along with the need to
follow the national standards as modified by the supplement [to
MUTCD] which becomes the Alaska Traffic Manual. He noted that
the City of Fairbanks has installed some devices based on the
classification of the roadway, the pedestrian trip generation,
and traffic speeds; however, the most appropriate method to
increase safety may not be devices but to improve a sidewalk,
widen the road, or maintain the road. He cautioned that the
bill is well-meaning but there may be unintended consequences.
9:02:38 AM
KIMBERLY CLARK stated she is the parent of a charter school
student in Juneau. Ms. Clark related a recent event in which a
family member was involved in a car accident very near her son's
school. As a matter of fact, she was unaware of the location of
the charter school herself until her son was enrolled there,
because there are no signs identifying the school. She
disagreed with a previous speaker because when she is driving,
school signage does alert her to the presence of children and
the need to be more aware. Ms. Clark said there is no price
that can be put on the safety and the life of a child. She
stressed that charter schools are part of the Juneau public
school system, although many don't consider charter schools part
of the [Juneau School] District. Moreover, charter schools do
not have the funding to post signs. She said she fully supports
HB 317.
REPRESENTATIVE KITO III observed that the charter school nearby
[the Capitol] does not have a physical education facility and
thus the students walk to the park to have physical education
and recess, and are perhaps walking along the road quite often.
9:06:18 AM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League,
said she appreciated the intent of HB 317 and encouraged an
ongoing discussion thereof; however, she expressed concern with
the structure of the bill. The Alaska Municipal League (AML)
represents the percentage of schools that are in other
communities. The bill affects issues in larger communities,
such as Anchorage, and another 161 municipalities as well. Her
research on the bill did not reveal who defines what is
practicable and what equipment is needed. Ms. Wasserman
stressed that [budget] cuts are coming; there will be a huge
deficit in the legislature even without an unfunded mandate, and
in some communities it will be difficult to even plow the roads.
She encouraged the committee to "look at the big picture," and
opined that traffic control devices can be different in every
community. In fact, in 50 percent of the smaller communities
that are served by a Village Public Safety Officer (VPSO), there
is no local traffic ordinance, no ability to ticket an offender,
and no court in which to prosecute an offender. She concluded
that a sign is really just a warning that is unnecessary where
the school is the center of the community. Ms. Wasserman
expressed her concern that the bill holds an unfunded mandate
for an unidentified cost.
9:08:51 AM
REPRESENTATIVE KITO III advised that according to the bill,
existing statute refers to "practicable" and most municipalities
provide school zone signage for most neighborhood schools. The
intent is to add charter and religious schools "as schools that
should be protected as well." There are 27 charter schools in
the state, so the addition of 27 charter schools and [and
unknown number of] private schools, to 400 [public neighborhood
schools] doesn't seem overly burdensome for municipalities that
are already providing traffic control signs for neighborhood
schools.
REPRESENTATIVE FOSTER surmised that DOT&PF pays for the signage
on state-owned roads; the municipality pays within its
jurisdiction; and in a village, the state pays.
MS. WASSERMAN said that under Alaska law, some villages are
municipalities and some are not.
REPRESENTATIVE FOSTER asked about the status of communities
within a Regional Educational Attendance Area (REAA) that do not
assess property taxes.
MS. WASSERMAN agreed that REAAs do not have a tax base because
of Native land or other reasons, and HB 317 would result in a
huge expense. Some communities are building smaller schools due
to reduced funding. In further response to Representative
Foster, she said she understood that the municipality within an
REAA is responsible for providing the signage at its school
under [proposed section 1, subsection] (d) of the bill.
9:11:43 AM
CO-CHAIR LEDOUX announced HB 317 would be held over. She said
she would like to see charter schools covered to the extent that
public schools are covered; however, the testimony suggested
that not all public schools have [adequate] signage. Co-Chair
LeDoux also questioned the fiscal notes attached to the bill and
sought more information on estimated costs to municipalities.
REPRESENTATIVE TUCK stressed that current state statute does not
include requirements for school zones. He then read from AS
28.01.010(d) [in part] as follows:
(d) A municipality shall erect necessary official
traffic control devices on streets and highways within
its jurisdiction that as far as practicable conform to
the current edition of the Alaska Traffic Manual
prepared by the Department of Transportation and
Public Facilities.
REPRESENTATIVE TUCK pointed out that the term "practicable" is
already in statute and has been used by municipalities to
establish drug-free school zones. He continued to read from AS
28.01.010 (d) [in part] as follows:
The municipality (1) shall post a sign indicating that
the school is a "drug-free school zone"
REPRESENTATIVE TUCK recalled the legislature established drug-
free school zones to raise awareness, and it is even more
important to raise awareness of school safety concerns. He
turned to the issue of funding, and expressed his surprise that
"money is more of a concern than the safety of our children.
Because that's what it comes down to. And I think the fiscal
note[s] [are] actually ... a little bit large ... but still very
reasonable." He further elaborated that charter schools are
handled differently within a municipality, because private and
charter schools don't have a bus route system or good walking
areas and thus were excluded from [the Municipality of]
Anchorage's review of school zones. The discussion of HB 317
has strengthened the awareness that charter schools are public
schools, however, making the public aware that they are also
located in nontraditional facilities requires signage. The bill
does not dictate traffic patterns, but raises awareness.
Representative Tuck acknowledged that the Safe Routes to School
Program is a worthy program, but its funding is not addressed in
HB 317.
9:16:17 AM
REPRESENTATIVE FOSTER told of another student fatality in a
school zone. He supported the spirit of the bill and will
continue to measure its effect on villages. He said, "We're
looking at safety of the children and so it's hard to put a
dollar value on that."
REPRESENTATIVE HERRON observed there is signage throughout the
state raising awareness of litter removal and of memorials at
the site of accidents. He suggested the funding issue could be
avoided by efforts from members of a community to find funding
for "awareness" signs near public, private, and charter schools,
and that would be a local effort. Through enabling legislation,
this might be a way to get around a difficult funding issue and
also result in the local community becoming more proactive.
REPRESENTATIVE TUCK returned to the issue of rural conditions,
and noted that most federal traffic standards consider rural
areas to be mostly farmland - where students would not walk to
school - but that's not the case in Alaska. The bill is a
proactive approach to make changes "before something happens."
It is also proactive in that it does not put the [financial]
burden on charter schools, which do not receive the same funding
as other public schools, and rely in many ways on charter school
families. He read [in part] from a letter written by a
municipal traffic engineer [document not provided] as follows:
Because charter schools are not zoned like other
district schools they do not provide busing or have
defined school walking routes, which means they do not
have specified school zones to be marked.
REPRESENTATIVE TUCK closed by saying we're asking that charter
schools do have specified school zones. They do not have to
meet all of the same standards, but they do need to be
considered. A study of two locations in Anchorage have seen
immediate results [from raising awareness].
9:21:15 AM
CO-CHAIR LEDOUX closed public testimony.
[HB 317 was held over.]
9:21:25 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:21 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 317 ver A.pdf |
HCRA 3/13/2014 8:00:00 AM HCRA 3/27/2014 8:00:00 AM |
HB 317 |
| HB 317 Sponsor Statement.pdf |
HCRA 3/13/2014 8:00:00 AM HCRA 3/27/2014 8:00:00 AM |
HB 317 |
| HB 317 DOT CRHA.pdf |
HCRA 3/13/2014 8:00:00 AM |
HB 317 |
| HB 317 DOT NRHA.pdf |
HCRA 3/13/2014 8:00:00 AM |
HB 317 |
| HB 317 DOT SDES.pdf |
HCRA 3/13/2014 8:00:00 AM |
HB 317 |
| HB 317 School Zone Standards.pdf |
HCRA 3/13/2014 8:00:00 AM HCRA 3/27/2014 8:00:00 AM |
HB 317 |
| HB 317 DOT Traffic Control Devices for School Areas.pdf |
HCRA 3/13/2014 8:00:00 AM HCRA 3/27/2014 8:00:00 AM |
HB 317 |
| HB 317 Lttr of Support Ketchikan Gateway Borough.pdf |
HCRA 3/13/2014 8:00:00 AM HCRA 3/27/2014 8:00:00 AM |
HB 317 |