Legislature(2005 - 2006)CAPITOL 17

03/21/2006 01:30 PM House TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 432 YUKON RIVER FERRY SERVICE TELECONFERENCED
Moved CSHB 432(TRA) Out of Committee
*+ HB 417 REGULATION OF HWYS; TRAFFIC OFFENSES TELECONFERENCED
Moved CSHB 417(TRA) Out of Committee
+= HJR 18 FEDERAL MARINE TRANSPORTATION SAFETY ACT TELECONFERENCED
Moved Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                         March 21, 2006                                                                                         
                           1:38 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jim Elkins, Co-Chair                                                                                             
Representative Carl Gatto, Co-Chair                                                                                             
Representative Vic Kohring                                                                                                      
Representative Mark Neuman                                                                                                      
Representative Bill Thomas                                                                                                      
Representative Mary Kapsner                                                                                                     
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 432                                                                                                              
"An Act expanding the Alaska marine highway system to Yukon                                                                     
River locations."                                                                                                               
                                                                                                                                
     - MOVED CSHB 432(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 18                                                                                                   
Relating to the federal Maritime Transportation Security Act of                                                                 
2002 and the state's right to tax commercial passenger vessels.                                                                 
                                                                                                                                
     - MOVED HJR 18 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 417                                                                                                              
"An Act relating to the  designation of traffic safety corridors;                                                               
relating  to the  bail  or fine  for an  offense  committed in  a                                                               
traffic  safety corridor  and to  separately accounting  for such                                                               
fines; and providing for an effective date."                                                                                    
                                                                                                                                
     - MOVED CSHB 417(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 432                                                                                                                  
SHORT TITLE: YUKON RIVER FERRY SERVICE                                                                                          
SPONSOR(s): REPRESENTATIVE(s) SALMON                                                                                            
                                                                                                                                
02/08/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/06       (H)       TRA, FIN                                                                                               
03/21/06       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HJR 18                                                                                                                  
SHORT TITLE: FEDERAL MARINE TRANSPORTATION SAFETY ACT                                                                           
SPONSOR(s): REPRESENTATIVE(s) GATTO                                                                                             
                                                                                                                                
04/15/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/05       (H)       TRA, FIN                                                                                               
04/23/05       (H)       TRA AT 2:00 PM CAPITOL 17                                                                              
04/23/05       (H)       Tabled                                                                                                 
04/23/05       (H)       MINUTE(TRA)                                                                                            
03/21/06       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HB 417                                                                                                                  
SHORT TITLE: REGULATION OF HWYS; TRAFFIC OFFENSES                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/01/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/06       (H)       TRA, JUD, FIN                                                                                          
03/21/06       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ROBIN TAYLOR, Deputy Director/Director of Marine Operations                                                                     
Alaska Marine Highway System                                                                                                    
Department of Transportation & Public Facilities                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified that DOT&PF is moderately                                                                        
supportive of HB 432.                                                                                                           
                                                                                                                                
CODY RICE, Staff                                                                                                                
to Representative Gatto                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HJR 18.                                                                                          
                                                                                                                                
JOHN MACKINNON, Deputy Commissioner                                                                                             
of Highways & Public Facilities                                                                                                 
Office of the Commissioner                                                                                                      
Department of Transportation & Public Facilities                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained HB 417.                                                                                          
                                                                                                                                
ROBERT  MYERS, SR.                                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Suggested an amendment to HB  417 such that                                                               
school zones would be classified as traffic safety corridors.                                                                   
                                                                                                                                
JAMES HELGOE, Lieutenant                                                                                                        
Division of Alaska State Troopers                                                                                               
Department of Public Safety                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions  related to  Amendment 2                                                               
to HB 417.                                                                                                                      
                                                                                                                                
CURT SMITH, Traffic and Safety Engineer                                                                                         
Department of Transportation & Public Facilities                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Expressed the need  for HB 417 to only refer                                                               
to traffic safety corridors and not include school zones.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  CARL GATTO  called  the  House Transportation  Standing                                                             
Committee  meeting  to  order at  1:38:12  PM.    Representatives                                                             
Thomas, Salmon,  Elkins, and  Gatto were present  at the  call to                                                               
order.   Representatives Kohring, Neuman, and  Kapsner arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
HB 432-YUKON RIVER FERRY SERVICE                                                                                              
                                                                                                                                
1:39:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO announced  that the first order  of business would                                                               
be  HOUSE BILL  NO.  432,  "An Act  expanding  the Alaska  marine                                                               
highway system to Yukon River locations."                                                                                       
                                                                                                                                
REPRESENTATIVE  SALMON,  speaking  as  the  sponsor  of  HB  432,                                                               
explained  that   HB  432  would   require  the   [Department  of                                                               
Transportation &  Public Facilities] to study  the feasibility of                                                               
a state  ferry system on  the Yukon River.   [A ferry  running on                                                               
the Yukon River] will impact around  30 villages.  He opined that                                                               
tourists from surrounding areas [and  outside of the state] would                                                               
be interested  in riding routes  once traveled by  the steamships                                                               
in  the late  1800s.    He pointed  out  that the  infrastructure                                                               
necessary  for  this operation  wouldn't  be  major because  [the                                                               
routes] would only  be in operation for four months  of the year.                                                               
Furthermore, [regular]  ferry [service]  on the Yukon  River will                                                               
provide those  living along the  Yukon River with  another option                                                               
for the  shipment of goods.   He then noted the  connecting roads                                                               
from the villages  along the Yukon River.   Representative Salmon                                                               
opined  that the  ferry  system  could also  be  utilized on  the                                                               
Kuskokwim  River and  the  Stikine River.    Utilizing the  ferry                                                               
system will provide residents with safe transportation.                                                                         
                                                                                                                                
1:44:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ELKINS  inquired as  to  the  cost  of  a study  as  is                                                               
proposed in HB 432.                                                                                                             
                                                                                                                                
REPRESENTATIVE  SALMON  drew  the committee's  attention  to  the                                                               
fiscal  note  specifying that  the  feasibility  study will  cost                                                               
about $250,000.                                                                                                                 
                                                                                                                                
CO-CHAIR  GATTO recalled  his  many canoe  trips  from Dawson  to                                                               
Eagle  and also  recalled  that there's  a  private ferry,  Yukon                                                               
Queen, that  is fast.  From  that he surmised that  it's possible                                                               
to make money  with a ferry.  He then  expressed concern with the                                                               
new  language in  Section  2, which  requires  the department  to                                                               
construct  or  obtain  ferry  terminal  facilities  at  locations                                                               
"including   communities   along   the   Yukon   River".      The                                                           
aforementioned requires a different fiscal note.                                                                                
                                                                                                                                
REPRESENTATIVE  SALMON  said that  although  it  sounds like  the                                                               
state would  be purchasing,  this would  require the  approval of                                                               
DOT&PF.                                                                                                                         
                                                                                                                                
CO-CHAIR GATTO suggested  that perhaps the language  in Section 2                                                               
should  specify that  the department  "may"  rather than  "shall"                                                               
construct or obtain ferry terminal  facilities depending upon the                                                               
results of the  Section 1 study.  Such  language wouldn't require                                                               
a costly fiscal note.                                                                                                           
                                                                                                                                
REPRESENTATIVE SALMON said he is always open to amendments.                                                                     
                                                                                                                                
1:48:25 PM                                                                                                                    
                                                                                                                                
ROBIN  TAYLOR,  Deputy  Director/Director of  Marine  Operations,                                                               
Alaska  Marine Highway  System,  Department  of Transportation  &                                                               
Public  Facilities,  drew  attention to  the  existing  statutory                                                               
language  in  Section 2  of  "it  selects".   The  aforementioned                                                               
allows  the  department  to  move   forward  with  the  purchase,                                                               
construction,  or  lease  of   terminal  facilities  but  doesn't                                                               
require  the  department to  do  so.    He  said that  he  didn't                                                               
disagree with Co-Chair Gatto's suggestion,  but opined that "may"                                                               
and "it selects" accomplish the same thing.                                                                                     
                                                                                                                                
CO-CHAIR  GATTO suggested  a  conceptual  amendment, which  would                                                               
insert  language in  Section 2  to ensure  the department  is not                                                               
required  to construct,  maintain, or  purchase facilities  until                                                               
the legislature  approves the  expansion of  the ferry  system to                                                               
the Yukon River locations.                                                                                                      
                                                                                                                                
CO-CHAIR  ELKINS asked  whether the  "shall" in  Section 2  could                                                               
merely be changed to "may" and accomplish the same goal.                                                                        
                                                                                                                                
CO-CHAIR GATTO replied yes, but he  expressed the need to be very                                                               
clear.                                                                                                                          
                                                                                                                                
REPRESENTATIVE SALMON pointed out  that changing "shall" to "may"                                                               
will  change  the  current  statute and  impact  the  main  ferry                                                               
system.                                                                                                                         
                                                                                                                                
MR. TAYLOR  agreed, adding that  is why he believes  the existing                                                               
language "it  selects" addresses  the concern.   Furthermore, the                                                               
department  is  unable  to  purchase   any  facility  unless  the                                                               
legislature includes  funding in the  budget for it.   Mr. Taylor                                                               
opined  that  [the new  language  in  Section  2]  may be  a  bit                                                               
premature  until the  study  is  completed and  thus  may not  be                                                               
necessary until the study is completed.                                                                                         
                                                                                                                                
1:53:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO said  he was surprised that  the original language                                                               
doesn't  specify that  the ferry  terminals shall  be constructed                                                               
subject to the approval of the legislature.                                                                                     
                                                                                                                                
MR. TAYLOR  noted that oftentimes  [DOT&PF] has had to  move with                                                               
some dispatch.  Furthermore, these  often aren't major options to                                                               
acquire   property  for   terminal   facilities.     Mr.   Taylor                                                               
highlighted  that   terminal  facilities  aren't   built  without                                                               
federal  funding,  which  has  to   move  through  the  Statewide                                                               
Transportation   Improvement   Program   (STIP)  and   the   full                                                               
legislative appropriation process during the capital budget.                                                                    
                                                                                                                                
CO-CHAIR GATTO opined that the  language is fairly broad approval                                                               
for spending state money.                                                                                                       
                                                                                                                                
MR. TAYLOR  said, "We've  not utilized  it in  recent years.   In                                                               
fact, legislative  drafters are  very reluctant  to put  the word                                                               
'shall' in."  He said that the language has worked well.                                                                        
                                                                                                                                
CO-CHAIR  GATTO  indicated  disagreement  that  the  language  is                                                               
working well because [the state]  spends $3.00 for every $1.00 of                                                               
revenue.                                                                                                                        
                                                                                                                                
CO-CHAIR  ELKINS  pointed out  that  the  state receives  $5  [in                                                               
federal funds] for  every $1.00 spent.  Therefore,  there isn't a                                                               
highway in the state that makes money.                                                                                          
                                                                                                                                
CO-CHAIR GATTO  moved that  the committee  adopt Amendment  1, as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 12;                                                                                                           
          Delete "shall"                                                                                                        
          Insert "may"                                                                                                          
                                                                                                                                
CO-CHAIR  ELKINS   announced  that  he  would   support  HB  432.                                                               
However,  he commented  that Representative  Salmon has  his work                                                               
cut out for  him because [the legislature] is  fighting to return                                                               
the 10  percent that was cut  from AMHS's budget back.   Co-Chair                                                               
Elkins  highlighted that  the notion  is to  return AMHS  back to                                                               
what it  was 25  years ago  with regard  to quality  and vessels.                                                               
Although this legislation  would fit with those  goals, there are                                                               
members  of  the legislature  who  would  like to  eliminate  the                                                               
entire ferry system.                                                                                                            
                                                                                                                                
CO-CHAIR GATTO  asked if AMHS  always encompassed  the facilities                                                               
that it currently has.                                                                                                          
                                                                                                                                
MR. TAYLOR  replied no, informing  the committee that  AMHS began                                                               
with  three vessels  serving  from Seattle  or  Prince Rupert  to                                                               
Skagway.   Over  the years  two vessels  were added  in order  to                                                               
provide  service to  the outer  villages of  Craig, Klawock,  and                                                               
Hydaburg.   Over about  20 years ago,  service was  expanded such                                                               
that two vessels served Hoonah,  Angoon, Pelican, and Kake.  With                                                               
the purchase  of the M/V  Kennicott, service was  expanded across                                                               
the  Gulf.   Two other  vessels were  used to  expand service  in                                                               
Prince William  Sound and to  the Aleutian  Chain.  The  run from                                                               
the Pacific Northwest to Skagway  remains the basic core level of                                                               
service that was  expanded out to the Aleutian  Chain as detailed                                                               
above.    In  further  response to  Co-Chair  Gatto,  Mr.  Taylor                                                               
informed  the committee  that in  1973 DOT&PF  performed a  study                                                               
regarding the concept of a  shallow-draft ferry that would push a                                                               
small barge in front of it.   He offered to provide the committee                                                               
a quick presentation on the concept.                                                                                            
                                                                                                                                
CO-CHAIR  GATTO said  he would  pass on  the presentation  at the                                                               
moment.   He  then  inquired as  to the  situation  with the  M/V                                                               
Tustumena.                                                                                                                      
                                                                                                                                
MR.  TAYLOR clarified  that  the M/V  Tustumena  is undergoing  a                                                               
major   overhaul,  an   almost   $3.5  million   project.     The                                                               
aforementioned is  funded by  federal money.   However,  he noted                                                               
that  typically a  portion of  each of  these contracts  is state                                                               
money appropriated  from the general  fund for vessel  repair and                                                               
maintenance.  To the extent  possible, such contracts are kept in                                                               
state.                                                                                                                          
                                                                                                                                
2:01:01 PM                                                                                                                    
                                                                                                                                
MR. TAYLOR  related that  DOT&PF is  moderately supportive  of HB
432  due  to the  struggles  to  fund  the  current budget.    He                                                               
cautioned against having 30 villages  reliant on the ferry system                                                               
as  is  the  case  with the  isolated  communities  of  Southeast                                                               
Alaska,  Prince  William  Sound,  and the  Aleutian  Chain.    He                                                               
suggested that such  dependence on the ferry  system could result                                                               
in the communities of the  Yukon River facing concerns related to                                                               
increased costs.  Mr. Taylor  highlighted that the private sector                                                               
can and  does provide service  where it's  economically feasible,                                                               
as is the  case with the barge service currently  provided on the                                                               
Yukon River.   He projected that  to provide ferry service  to an                                                               
area with very little revenue base will be costly.                                                                              
                                                                                                                                
2:03:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SALMON,  in response to Co-Chair  Gatto, explained                                                               
that Yutana Barge Lines, a  private company, only carries freight                                                               
and only services some areas along  the Yukon River once or twice                                                               
yearly.                                                                                                                         
                                                                                                                                
CO-CHAIR  GATTO  asked  if  $250,000 is  the  correct  amount  to                                                               
perform the study.                                                                                                              
                                                                                                                                
MR. TAYLOR  replied yes, it  should allow adequate  assessment of                                                               
the  proposal  and  promptly  return   to  the  legislature  with                                                               
information.                                                                                                                    
                                                                                                                                
REPRESENTATIVE SALMON,  in response to Co-Chair  Elkins, answered                                                               
that  the Yukon  River  is free  of  ice mid-May  to  the end  of                                                               
September.                                                                                                                      
                                                                                                                                
2:04:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  related  his understanding  that  the  ferry  at                                                               
Dawson City is operated by the government since it's free.                                                                      
                                                                                                                                
CO-CHAIR GATTO  reminded the committee  of the pending  motion to                                                               
adopt Amendment  1 and asked if  there was any objection.   There                                                               
being no objection, Amendment 1 was adopted.                                                                                    
                                                                                                                                
REPRESENTATIVE THOMAS moved to report  HB 432, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  432(TRA)  was                                                               
reported from the House Transportation Standing Committee.                                                                      
                                                                                                                                
2:06:21 PM                                                                                                                    
                                                                                                                                
HJR 18-FEDERAL MARINE TRANSPORTATION SAFETY ACT                                                                               
                                                                                                                                
CO-CHAIR GATTO  announced that the  next order of  business would                                                               
be  HOUSE  JOINT  RESOLUTION  NO. 18,  Relating  to  the  federal                                                               
Maritime  Transportation Security  Act  of 2002  and the  state's                                                               
right to tax commercial passenger vessels.                                                                                      
                                                                                                                                
2:07:20 PM                                                                                                                    
                                                                                                                                
CODY   RICE,  Staff   to  Representative   Gatto,  Alaska   State                                                               
Legislature,  explained  that HJR  18  asks  Congress to  clarify                                                               
subsection  445 of  the Maritime  Transportation Security  Act of                                                               
2002 (MTSA).  Subsection 445  was intended to prohibit/exclude an                                                               
ad valorem  tax imposed by  Yakutat on cruise ships  that entered                                                               
the bay  but did not actually  stop at the port.   Subsection 445                                                               
has been broadly  interpreted to invalidate a  number of existing                                                               
and proposed taxes nationwide.                                                                                                  
                                                                                                                                
2:08:52 PM                                                                                                                    
                                                                                                                                
MR.  RICE related  his understanding  that Congress  is going  to                                                               
address subsection 445 this year  through the "Coast Guard" bill.                                                               
He recalled  discussions with the offices  of U.S. Representative                                                               
Don Young and  U.S. Senator Ted Stevens on  this particular issue                                                               
and they have expressed interest  in clarifying the issue through                                                               
the  aforementioned bill.   Mr.  Rice  opined that  HJR 18  would                                                               
illustrate strong support from the legislature.                                                                                 
                                                                                                                                
REPRESENTATIVE THOMAS commented that  he hasn't heard from anyone                                                               
in opposition to this.                                                                                                          
                                                                                                                                
CO-CHAIR  GATTO   reminded  the   committee  that  there   is  an                                                               
initiative on  the ballot for  which clarification  of subsection                                                               
445 would  be helpful.  Furthermore,  this seems to be  a state's                                                               
rights issue.                                                                                                                   
                                                                                                                                
REPRESENTATIVE THOMAS  pointed out that  if the head  tax remains                                                               
and money has to be spent  in relation to cruise ship industries.                                                               
He reminded  the committee  that the Ketchikan  bridge had  to be                                                               
raised  in order  to allow  the cruise  ships to  pass under  it.                                                               
Therefore, he  questioned whether  the bridge in  Ketchikan could                                                               
be funded by the cruise ship monies.                                                                                            
                                                                                                                                
CO-CHAIR GATTO highlighted  that sometimes the law  says that the                                                               
money "must" be  used for specific facilities.   He then informed                                                               
the  committee that  taller ships  are in  the design  phase, and                                                               
thus he  surmised that  the bridge  would have  to be  raised yet                                                               
again.                                                                                                                          
                                                                                                                                
CO-CHAIR ELKINS disagreed, and pointed  out that the ships can go                                                               
around.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  THOMAS recalled  that originally,  the first  bid                                                               
was  where  the  South  Coast  properties  were  and  thus  there                                                               
would've been a  "small shot across."  However,  the cruise ships                                                               
wanted to go through and the  [Ketchikan bridge] was moved to its                                                               
present location and raised.                                                                                                    
                                                                                                                                
CO-CHAIR   ELKINS    mentioned   that   the    Federal   Aviation                                                               
Administration didn't want the bridge on the north end.                                                                         
                                                                                                                                
CO-CHAIR   GATTO  questioned   why  a   drawbridge  isn't   being                                                               
considered.                                                                                                                     
                                                                                                                                
2:12:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ELKINS announced that he  will support HJR 18 because if                                                               
the  referendum  passes,  clarity  [on subsection  445]  will  be                                                               
necessary.                                                                                                                      
                                                                                                                                
2:13:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ELKINS moved  to report  HJR 18  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
2:13:59 PM                                                                                                                    
                                                                                                                                
HB 417-REGULATION OF HWYS; TRAFFIC OFFENSES                                                                                   
                                                                                                                                
[Contains discussion of SB 261]                                                                                                 
                                                                                                                                
CO-CHAIR GATTO announced  that the final order  of business would                                                               
be HOUSE  BILL NO. 417,  "An Act  relating to the  designation of                                                               
traffic safety  corridors; relating  to the bail  or fine  for an                                                               
offense committed in a traffic  safety corridor and to separately                                                               
accounting for such fines; and providing for an effective date."                                                                
                                                                                                                                
2:14:32 PM                                                                                                                    
                                                                                                                                
JOHN  MACKINNON,   Deputy  Commissioner  of  Highways   &  Public                                                               
Facilities,   Office   of   the   Commissioner,   Department   of                                                               
Transportation &  Public Facilities  (DOT&PF), explained  that HB
417 allows DOT&PF  in consultation with the  Department of Public                                                               
Safety,  local  police  departments, and  other  law  enforcement                                                               
agencies to establish  a traffic safety corridor on  a segment of                                                               
highway that has exhibited higher  than average fatal and serious                                                               
accident rates.   Rules will  be established to determine  when a                                                               
traffic  safety corridor  is "turned  on  ... [and]  off."   This                                                               
legislation, he  highlighted, allows for double  traffic fines to                                                               
be imposed and  collected in these corridors  whenever an offense                                                               
is  committed  in  the  corridor.     Moreover,  the  legislation                                                               
provides for  increased enforcement in traffic  safety corridors.                                                               
By using  its safety sanction  funds, DOT&PF will assist  DPS and                                                               
other  police  departments  in   providing  increased  levels  of                                                               
enforcement in these corridors.                                                                                                 
                                                                                                                                
CO-CHAIR  GATTO  asked whether  the  increased  revenue from  the                                                               
double fines  fund any of  the enforcement  or does it  return to                                                               
the general fund.                                                                                                               
                                                                                                                                
MR. MACKINNON  specified that the  intent is that the  fines will                                                               
return to  [DOT&PF] in order  to pay for  additional enforcement.                                                               
He informed  the committee that SB  261 was amended such  that it                                                               
includes language that  allows the additional fines  to return to                                                               
the department to  support the enforcement.   In further response                                                               
to Co-Chair Gatto, Mr. MacKinnon said  that in SB 261 a "may" was                                                               
changed to "shall"  in order to ensure that  DOT&PF is consulting                                                               
with  DPS as  well as  the  local police  departments or  federal                                                               
agencies  that  may  have  enforcement  jurisdiction.    He  then                                                               
provided the  committee with maps  illustrating accidents  on the                                                               
roads and  related that the  accident markers are  color-coded to                                                               
relate whether  drugs and/or alcohol were  involved, the accident                                                               
was caused by  a driver behavior issue, and  whether the accident                                                               
occurred  prior  to  or  after a  highway  realignment  or  major                                                               
reconstruction.   This legislation is  aimed at getting  a handle                                                               
on driver  behavior by allowing  the increase of  enforcement and                                                               
collecting double traffic fines.                                                                                                
                                                                                                                                
2:21:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMAS  recalled  during the  deliberations  over                                                               
mandatory  seatbelt  use,  the   term  "rural"  was  thrown  out.                                                               
However, most of  the accidents occurred in urban  areas on rural                                                               
roads.   Therefore, it's misleading  to [refer to these  roads in                                                               
the urban areas] as "major rural routes."                                                                                       
                                                                                                                                
MR.  MACKINNON said,  "We have  different ...  issues here  and a                                                               
slightly different  definition."  He  specified that there  is no                                                               
desire to include an urban street  or highway in a traffic safety                                                               
corridor   because  those   accidents  are   mainly  related   to                                                               
intersections and not due to a length of road.                                                                                  
                                                                                                                                
REPRESENTATIVE  THOMAS  opined  that  roads which  go  through  a                                                               
borough such  as the Matanuska-Susitna  Borough or  the Anchorage                                                               
Borough  are urban  roads, even  the roads  connecting these  two                                                               
large areas.                                                                                                                    
                                                                                                                                
2:24:26 PM                                                                                                                    
                                                                                                                                
MR. MACKINNON  pointed out that  three of the six  most dangerous                                                               
roads  in  Alaska   are  located  in  the  Mat-Su   Valley.    He                                                               
highlighted that  Knik-Goose Bay Road provides  a graphic example                                                               
of these dangerous roads.                                                                                                       
                                                                                                                                
REPRESENTATIVE NEUMAN  informed the committee that  in the summer                                                               
over 4 million  people travel from Wasilla to Big  Lake cutoff on                                                               
up to Interior  Alaska.  Therefore, it's not just  the locals who                                                               
have  the accidents.   Representative  Neuman related  his belief                                                               
that some  of the roads  in the  Mat-Su area would  be considered                                                               
rural.                                                                                                                          
                                                                                                                                
MR.  MACKINNON agreed  that parts  of the  Mat-Su Valley  fit the                                                               
"rural" criteria.                                                                                                               
                                                                                                                                
2:26:32 PM                                                                                                                    
                                                                                                                                
MR. MACKINNON mentioned that the  committee packet includes draft                                                               
language that  would be  inserted in  the Alaska  Traffic Manual,                                                               
which  would  be where  the  criteria  would be  established  for                                                               
creating traffic safety  zones.  He specified, "We  would like to                                                               
see a three-year  fatal plus major injury accident  rate per mile                                                               
that   exceeds   110   percent   of   the   statewide   average."                                                               
Furthermore,  the  notion is  that  the  traffic safety  corridor                                                               
would be  decommissioned when  the fatal  plus major  injury rate                                                               
per  mile falls  below  the statewide  average  for a  three-year                                                               
period.  Moreover,  when a traffic safety corridor  is created or                                                               
decommissioned  it  should  be  done with  a  certain  amount  of                                                               
publicity in order to make the public aware.                                                                                    
                                                                                                                                
CO-CHAIR  GATTO asked  if  prior  to the  creation  of a  traffic                                                               
safety corridor there are 30 days of warning signs.                                                                             
                                                                                                                                
2:28:11 PM                                                                                                                    
                                                                                                                                
MR. MACKINNON opined that there would  need to be an "opening up"                                                               
period  and signage  at  the  beginning and  end  of the  traffic                                                               
safety corridor  and signage relating  the double fines  while in                                                               
the traffic  safety corridor.   There has been a  suggestion that                                                               
upon entering a  traffic safety corridor, there  would be signage                                                               
specifying the length of it.                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO asked  if the  program will  be reviewed  at some                                                               
point in regard to its success.                                                                                                 
                                                                                                                                
MR.  MACKINNON  answered  that  at this  point  the  program  has                                                               
eternal  life,  although  it will  be  continually  monitored  in                                                               
relation to the accident rates.   Other states that have utilized                                                               
this program  have achieved  success.  In  fact, in  Oregon there                                                               
was a substantial  reduction in accidents, which  he estimated to                                                               
be a reduction of more than 10 percent.                                                                                         
                                                                                                                                
2:30:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ELKINS  inquired as to  which legislation, HB 417  or SB
261, is DOT&PF most comfortable.                                                                                                
                                                                                                                                
MR.  MACKINNON  related  that  the  legislation  started  out  as                                                               
identical.    However, an  amendment  to  SB  261 in  the  Senate                                                               
Transportation  Standing   Committee  added   some  miscellaneous                                                               
clarifying  language,  a  new paragraph  regarding  criteria  and                                                               
factors  to  be  considered  in designating  the  traffic  safety                                                               
corridors.   The  amendment also  required consultation  with the                                                               
commissioner of  DPS as  that's the  department that  will likely                                                               
provide the increased enforcement.   Also, an amendment to SB 261                                                               
added a new  Section 6 regarding the accounting  for double fines                                                               
in  some court  locations where  there is  no ability  to perform                                                               
separate accounting.                                                                                                            
                                                                                                                                
2:32:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ELKINS  surmised then that  SB 261 is more  complete and                                                               
serves the public better.                                                                                                       
                                                                                                                                
MR.  MACKINNON  replied yes.    He  then  added that  the  Senate                                                               
Finance Committee changed SB 261  such that it requires DOT&PF to                                                               
consult   with  other   state,   local,   and  federal   agencies                                                               
responsible for traffic safety.                                                                                                 
                                                                                                                                
CO-CHAIR  GATTO  related  his   understanding  that  all  of  the                                                               
aforementioned changes to SB 261 occurred  in Section 1 of HB 417                                                               
and seem to be additions to the legislation.                                                                                    
                                                                                                                                
MR. MACKINNON  noted his agreement,  adding that the  only change                                                               
to CSSB 261(TRA)  is the change from "shall" to  "may" on page 1,                                                               
line 13.                                                                                                                        
                                                                                                                                
CO-CHAIR ELKINS  moved that the  committee table HB 417  and wait                                                               
for SB 261 to be forwarded to the House.                                                                                        
                                                                                                                                
CO-CHAIR GATTO objected for discussion purposes.                                                                                
                                                                                                                                
REPRESENTATIVE THOMAS  opined that HB  417 should be  reported to                                                               
next committee.                                                                                                                 
                                                                                                                                
2:36:20 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:36 p.m. to 2:40 p.m.                                                                       
                                                                                                                                
2:40:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ELKINS withdrew his motion to table HB 417.                                                                            
                                                                                                                                
CO-CHAIR  GATTO   moved  that  the  committee   adopt  Conceptual                                                               
Amendment  1,  which  would take  the  Senate  Finance  Committee                                                               
version  [of  SB  261]  and  add  to HB  417.    There  being  no                                                               
objection, Conceptual Amendment 1 was adopted.                                                                                  
                                                                                                                                
CO-CHAIR  GATTO clarified  that with  the adoption  of Conceptual                                                               
Amendment  1 HB  417  now mirrors  the  Senate Finance  Committee                                                               
version of SB 261.                                                                                                              
                                                                                                                                
2:41:45 PM                                                                                                                    
                                                                                                                                
ROBERT  MYERS, SR., said that he  would like HB 417 to be amended                                                               
such that  Section 1  includes the  following language:   "school                                                               
zones  may  be  designated  as traffic  safety  corridors."    He                                                               
explained that  as a school  employee of  one of the  two schools                                                               
located on  Danby Street in Fairbanks  one of his duties  is as a                                                               
crossing guard.   As a crossing  guard, he said he  sees speeding                                                               
and passing on  the right shoulder of the road  on a daily basis.                                                               
There  are  no left  turn  lanes  into  the  two schools  or  the                                                               
military housing  located on Danby Street.   In fact, he  said he                                                               
has observed vehicles passing a  vehicle making a left turn while                                                               
he has  children in the cross  walk.  He acknowledged  that there                                                               
are increased fines  for infractions in a school  zone.  However,                                                               
he said that those fines aren't  adequate nor are they noticed on                                                               
signs in the school zones.                                                                                                      
                                                                                                                                
MR.  MYERS, in  response  to Co-Chair  Gatto,  clarified that  he                                                               
would like  the signage to be  increased in school zones  and for                                                               
the fines to be doubled as  well as added enforcement as proposed                                                               
for traffic safety corridors.   He highlighted that the signs for                                                               
the  "Click It  or Ticket"  program for  seatbelts are  twice the                                                               
size of the  school zone signs.  He expressed  the need to change                                                               
the legislation  as he suggested  and implement changes  before a                                                               
child is hit by a vehicle in a school zone.                                                                                     
                                                                                                                                
2:49:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ELKINS  moved that  the  committee  adopt Amendment  2,                                                               
labeled 24-GH2083\A.1, Kane, 2/24/06, which read:                                                                               
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Following "safety,":                                                                                                  
          Insert "every highway or street designated by an                                                                      
      official traffic control device placed or erected by                                                                      
     the department or a municipality to identify a school                                                                      
     zone is designated as a traffic safety corridor, and"                                                                      
          Following "designate":                                                                                                
          Insert "other"                                                                                                        
          Following "highway":                                                                                                  
          Insert "or street"                                                                                                    
                                                                                                                                
     Page 2, line 23, following "highway":                                                                                      
          Insert "or street"                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  objected for  discussion purposes.   He  asked if                                                               
fines in  school zones are effective  in reducing the speed  in a                                                               
school zone.                                                                                                                    
                                                                                                                                
2:50:02 PM                                                                                                                    
                                                                                                                                
JAMES  HELGOE, Lieutenant,  Division  of  Alaska State  Troopers,                                                               
Department of  Public Safety, related  that the fines  for school                                                               
zones are graduated for every mile  per hour over the speed limit                                                               
in the school zone, although it's  not a double fine.  In further                                                               
response  to   Co-Chair  Gatto,   Lieutenant  Helgoe   said  that                                                               
generally enforcement  sticks to  the roads because  parking lots                                                               
are often  considered a type  of private property.   However, law                                                               
enforcement would be available if  there as a concern regarding a                                                               
school  parking lot.   He  opined that  law enforcement  has more                                                               
effect obtaining voluntary compliance if visible on the roadway.                                                                
                                                                                                                                
CO-CHAIR GATTO suggested that the fine  in a school zone could be                                                               
doubled at any time.                                                                                                            
                                                                                                                                
LIEUTENANT HELGOE  said that one  of the problems  with including                                                               
school zones in the proposed  traffic safety corridors is that it                                                               
would dilute the intent of  the legislation.  In further response                                                               
to  Co-Chair  Gatto,  he  opined  that  double  fine  signage  in                                                               
construction zones has calmed and slowed traffic.                                                                               
                                                                                                                                
2:52:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ELKINS  questioned how  Amendment  2  would dilute  the                                                               
intent of  HB 417 as  the amendment  merely seems to  broaden the                                                               
legislation.                                                                                                                    
                                                                                                                                
LIEUTENANT HELGOE clarified  his belief that if  all school zones                                                               
are designated  as traffic safety  corridors, perhaps  the impact                                                               
of the signage is lost.                                                                                                         
                                                                                                                                
CO-CHAIR ELKINS  related his understanding  that the  bottom line                                                               
is public safety.                                                                                                               
                                                                                                                                
LIEUTENANT HELGOE agreed.                                                                                                       
                                                                                                                                
CO-CHAIR GATTO  asked if Lieutenant Helgoe  would support posting                                                               
a sign on the existing  school zone signs specifying double fines                                                               
rather than making it a traffic safety corridor.                                                                                
                                                                                                                                
LIEUTENANT HELGOE  said that the division  would support anything                                                               
that can gain speed compliance within school zones.                                                                             
                                                                                                                                
CO-CHAIR  GATTO  indicated  that  there is  a  problem  with  the                                                               
definition  of a  "school zone"  that  would fit  statewide.   He                                                               
emphasized the need for a driver  to clearly know when he/she has                                                               
to speed up or slow down.                                                                                                       
                                                                                                                                
2:55:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  said he  isn't  sure  about Amendment  2,                                                               
particularly  because school  zones have  their own  issues.   He                                                               
related his  belief that there  is already  a system in  place to                                                               
address  school   zones.    Furthermore,   Representative  Neuman                                                               
expressed concern  that sometimes when  traffic is slowed  at the                                                               
wrong location, it can be even more problematic.                                                                                
                                                                                                                                
2:57:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMAS  opined that  if the  school zone  issue is                                                               
buried  in HB  417, it  won't have  the same  significance as  it                                                               
would in separate legislation.   Therefore, Amendment 2 should be                                                               
introduced as its own legislation.                                                                                              
                                                                                                                                
2:59:14 PM                                                                                                                    
                                                                                                                                
MR. MYERS said  making all school zones  traffic safety corridors                                                               
is not his intention because not  all school zones are located in                                                               
high-speed dangerous  areas.   Therefore, the  suggested language                                                               
utilizes the language "may".                                                                                                    
                                                                                                                                
3:00:20 PM                                                                                                                    
                                                                                                                                
CURT   SMITH,  Traffic   and  Safety   Engineer,  Department   of                                                               
Transportation  & Public  Facilities, agreed  with Representative                                                               
Thomas that  traffic safety  corridors and  school zones  are two                                                               
distinct  issues.   Therefore,  he  recommended  the two  matters                                                               
remain separate.                                                                                                                
                                                                                                                                
CO-CHAIR ELKINS withdrew his motion to adopt Amendment 2.                                                                       
                                                                                                                                
3:01:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN moved to report  HB 417, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  417(TRA)  was                                                               
reported from the House Transportation Standing Committee.                                                                      
                                                                                                                                
3:01:30 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Transportation Standing Committee meeting was adjourned at 3:01                                                                 
p.m.                                                                                                                            

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