Legislature(2005 - 2006)CAPITOL 17
03/21/2006 01:30 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB432 | |
| HJR18 | |
| HB417 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 432 | TELECONFERENCED | |
| *+ | HB 417 | TELECONFERENCED | |
| += | HJR 18 | TELECONFERENCED | |
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.
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