Legislature(2005 - 2006)SENATE FINANCE 532

03/21/2006 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 261 REGULATION OF HWYS; TRAFFIC OFFENSES TELECONFERENCED
Moved CSSB 261(FIN) Out of Committee
+ SB 271 AUTHORIZE HWY PROGRAM PARTICIPATION TELECONFERENCED
Heard & Held
+ SB 308 ALASKA RAILROAD REVENUE BONDS TELECONFERENCED
Moved SB 308 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
     CS FOR SENATE BILL NO. 261(TRA)                                                                                            
     "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."                                                                                                                     
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
JOHN  MACKINNON,  Deputy  Commissioner  of  Highways  and  Public                                                               
Facilities,  Department of  Transportation and  Public Facilities                                                               
informed  the Committee  that this  legislation  would allow  the                                                               
Department  to establish  "Traffic  Safety  Corridors" (TSC)  and                                                               
double   the  traffic   fines   within   those  Corridors.   This                                                               
legislation is the result of  repeated tragic accidents occurring                                                               
on  certain roadways,  including  the  Seward Highway.  Typically                                                               
when  a  road  is  experiencing  a  large  number  of  accidents,                                                               
"structural  improvements"  such   as  changing  its  "geometry",                                                               
widening  the  road,  and  adding passing  lanes  are  made.  The                                                               
Department  is furthering  the TSC  designation because  it would                                                               
produce "more immediate results".                                                                                               
                                                                                                                                
Mr. MacKinnon  stated that the  six states that  have established                                                               
TSCs in areas  experiencing "a higher than average  rate of fatal                                                               
and very serious accidents" have deemed the endeavor a success.                                                                 
                                                                                                                                
Mr.  MacKinnon   informed  the  Committee   that,  when   it  was                                                               
considering  establishing TSCs,  the Department  analyzed certain                                                               
road segments,  primarily "in the  Central region of  the State".                                                               
Contrary to  the Department's assumption that  the Seward Highway                                                               
would be  ranked the most  dangerous, the accident rate  on other                                                               
road segments, specifically those  in the Matanuska Susitna (Mat-                                                               
Su) Valley  "were every bit if  not more dangerous as  the Seward                                                               
Highway".                                                                                                                       
                                                                                                                                
Mr.  MacKinnon   remarked  that  "more  immediate   results"  are                                                               
experienced  by  addressing  drivers'  behavior,  as  opposed  to                                                               
making  road improvements.  Research  indicates  that "high  risk                                                               
drivers, drivers  that are  not driving  safely, respond  to only                                                               
one  message.  That  message   is  increased  enforcement."  This                                                               
legislation  would  couple   increased  enforcement  with  double                                                               
traffic fines.                                                                                                                  
                                                                                                                                
Mr.  MacKinnon continued  that the  passage  of a  TSC law  would                                                               
allow the  Commissioner of the  Department of  Transportation and                                                               
Public Facilities,  upon "consultation" with the  Commissioner of                                                               
the  Department  of Public  Safety,  "to  designate corridors  of                                                               
roads as Traffic Safety Corridors."                                                                                             
                                                                                                                                
9:10:21 AM                                                                                                                    
                                                                                                                                
Mr. MacKinnon reiterated the fact  that the TSC designation would                                                               
be accompanied by increased law  enforcement efforts, which would                                                               
be  supported  by the  Department  of  Transportation and  Public                                                               
Facilities  using  federal  highway  aid  Safety  Sanction  Funds                                                               
(SSF)". The State must utilize  SSF to address road safety issues                                                               
such  as "road  improvements  on the  geometry  side of  things",                                                               
education programs such as the  State's "Click It or Ticket" seat                                                               
belt  message, or  increased Driving  Under  the Influence  (DUI)                                                               
enforcement.                                                                                                                    
                                                                                                                                
Mr. MacKinnon specified that this  bill would allow the increased                                                               
revenue resulting from the double  traffic fines collected in the                                                               
TSC "to  be returned to  the Department". Those funds  would then                                                               
be funneled  to the  Department of Public  Safety to  provide for                                                               
the expense of the increased enforcement on the TSCs.                                                                           
                                                                                                                                
9:11:39 AM                                                                                                                    
                                                                                                                                
Mr.  MacKinnon  informed the  Committee  that  the Department  of                                                               
Transportation and  Public Facilities worked with  the Department                                                               
of Public Safety "in crafting" this legislation.                                                                                
                                                                                                                                
Mr.  MacKinnon referred  the Committee  to four  maps [copies  on                                                               
file] "that  illustrate the  point that we  are trying  to make".                                                               
The  maps depict  a 13-mile  segment  on the  Parks Highway  from                                                               
Lucus Road to  the Alaska Railroad-Houston Crossing;  a 9.94 mile                                                               
segment  on  the Palmer/Wasilla  Highway  from  Glenn Highway  to                                                               
Parks Highway;  a 17.25 mile  segment on the Knik/Goose  Bay Road                                                               
from  Parks Highway  to Point  McKenzie  Road; and  a 26.94  mile                                                               
segment on the Seward Highway from Potter Marsh to Girdwood.                                                                    
                                                                                                                                
Mr. MacKinnon  explained that  each map  depicts the  location of                                                               
each  fatal  accident  that occurred  on  that  specific  highway                                                               
segment  during  the  years  1977   to  2005.  Each  fatality  is                                                               
portrayed in  either a blue or  yellow box. A blue  box indicates                                                               
that alcohol  and drugs were  the driver behavior  issue involved                                                               
in  the fatality;  a yellow  box  indicates that  such things  as                                                               
inattention,  unsafe  speed,  and   improper  lane  changes  were                                                               
involved. The  increased enforcement proposed in  this bill would                                                               
have a tremendous "affect on controlling driver behavior".                                                                      
                                                                                                                                
9:13:08 AM                                                                                                                    
                                                                                                                                
Senator  Stedman asked  whether the  increased traffic  penalties                                                               
proposed in  this bill  would include  points against  a person's                                                               
driver's license or additional penalties  for drug and/or alcohol                                                               
use offenses.                                                                                                                   
                                                                                                                                
Mr.  MacKinnon  responded  that  the bill  would  be  limited  to                                                               
increased  fine  penalties.  Points  against  a  driver  for  the                                                               
offense would not be doubled in the TSCs.                                                                                       
                                                                                                                                
Co-Chair  Green declared  that the  penalty would  address excess                                                               
speed.                                                                                                                          
                                                                                                                                
Mr. MacKinnon affirmed.  This legislation would "hit  them in the                                                               
pocketbook".                                                                                                                    
                                                                                                                                
Co-Chair Green  clarified that the  penalty would not  affect the                                                               
point scenario.                                                                                                                 
                                                                                                                                
Senator Stedman,  while agreeing  that doubling fines  "would get                                                               
people's  attention," opined  that increasing  the point  penalty                                                               
would further  the effort to  modify drivers' behavior.  Thus, he                                                               
asked whether a discussion on the point issue had occurred.                                                                     
                                                                                                                                
Co-Chair  Green pointed  out that  the point  issue had  not been                                                               
addressed  when  separate  legislation  increasing  penalties  in                                                               
construction zones had been discussed.                                                                                          
                                                                                                                                
9:15:24 AM                                                                                                                    
                                                                                                                                
CINDY  CASHEN, Administrator,  Highway Safety  Office, Department                                                               
of Transportation and Public  Facilities viewed Senator Stedman's                                                               
increased point  query as  "a good"  question. Noting  that Duane                                                               
Bannock,  Director, Division  of  Motor  Vehicles, Department  of                                                               
Administration,   could  more   appropriately   respond  to   the                                                               
question, she  remarked, "that when there's  excessive speeding",                                                               
a  separate charge  referred  to as  "racing"  could be  applied.                                                               
Points would  accompany that charge. Continuing,  she noted that,                                                               
"the  majority of  high risk  drivers tend  to already  have lost                                                               
their license. That's  not effective in making  them change their                                                               
behavior.  What's effective  with  them is  hitting  them in  the                                                               
pocketbook."                                                                                                                    
                                                                                                                                
9:16:19 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilken suggested that the  word "may" in Section 1, page                                                               
one line  13 of  the bill  be changed to  "shall", as  that would                                                               
ensure that the Commissioner of  the Department of Transportation                                                               
and Public Facilities would consult  with the Commissioner of the                                                               
Department  of  Public Safety  and  other  pertinent people  when                                                               
making the TSC determination.                                                                                                   
                                                                                                                                
Mr.  MacKinnon  stated  that TSCs  would  "primarily  be  rural,"                                                               
outside  of urban  areas. Urban  area traffic  accidents tend  to                                                               
occur due to  intersection issues rather than  "long stretches of                                                               
road".  It   should  be  mandatory   that  the   Commissioner  of                                                               
Department of  Transportation and Public Facilities  consult with                                                               
the Department of  Public Safety. However, "there might  not be a                                                               
local  entity to  consult with.  We will  consult with  any local                                                               
entity there is, State, local, or federal."                                                                                     
                                                                                                                                
In response  to a  question from  Co-Chair Wilken,  Mr. MacKinnon                                                               
voiced no objection to changing the word "may" to "shall".                                                                      
                                                                                                                                
Amendment  #1:  This  amendment  replaces  the  word  "may"  with                                                               
"shall" in Section 1, page 1 line 13 of the bill.                                                                               
                                                                                                                                
Co-Chair Wilken moved to adopt Amendment #1.                                                                                    
                                                                                                                                
Co-Chair Green objected for discussion.                                                                                         
                                                                                                                                
Co-Chair  Green  asked whether  the  majority  of TSCs  would  be                                                               
located on State and federal highways.                                                                                          
                                                                                                                                
Mr. MacKinnon affirmed they would.                                                                                              
                                                                                                                                
Senator Bunde inquired  as to whether changing  the language from                                                               
"may consult with  other local, state, and  federal agencies…" to                                                               
"shall consult  with other local, state,  and federal agencies…""                                                               
would require the  State to consult with  numerous entities prior                                                               
to moving  forward or whether  the consultation would  be limited                                                               
to entities responsible with activities within that local area.                                                                 
                                                                                                                                
Co-Chair Green observed that  the Department utilized statistical                                                               
information to  identify the primary "trouble  spots" rather than                                                               
consulting  "with  downtown  Wasilla,  Mat-Su, or  the  City  and                                                               
Borough of  Anchorage" officials.  Continuing, she  asked whether                                                               
the  Department consulted  with local  entities when  considering                                                               
changing the speed limit on State highways.                                                                                     
                                                                                                                                
Mr.  MacKinnon  responded  the   Department,  while  it  "is  not                                                               
required"  to consult  with local  entities  when changing  speed                                                               
limits on State highways, does so "as a matter of courtesy".                                                                    
                                                                                                                                
Co-Chair  Wilken opined  the term  "'consult' is  a pretty  loose                                                               
word." The  Department should endeavor to  provide local entities                                                               
with at  least, "a  minimal level of  consultation. …  It doesn't                                                               
speak to  being approved  or passed  by any  sort of  assembly or                                                               
anything, it'll just  let them know;" particularly  in regards to                                                               
any impending "traffic restrictions".                                                                                           
                                                                                                                                
Mr. MacKinnon understood  the intent to be for  the Department to                                                               
"consult  with  other local,  State,  and  federal agencies  with                                                               
responsibility  for  traffic safety  in  that  area". This  would                                                               
include the local police department.                                                                                            
                                                                                                                                
Co-Chair  Wilken  pointed  out  that  the  sentence  in  question                                                               
"speaks to 'a traffic safety corridor'".                                                                                        
                                                                                                                                
LIEUTENANT  JAMES HELGOE,  Alaska  State  Troopers, informed  the                                                               
Committee  that  the  Department  of Public  Safety  "does  share                                                               
information  with   all  local  and  municipal   law  enforcement                                                               
agencies  for statistical  gathering  for  grant statistics  that                                                               
come through Highway Safety."                                                                                                   
                                                                                                                                
9:20:56 AM                                                                                                                    
                                                                                                                                
Lieutenant  Helgoe shared  that the  Department of  Public Safety                                                               
has  "good   working  relationships   with  the   Wasilla  Police                                                               
Department,  the   Palmer  Police  Department,  and   all  police                                                               
departments  in  the State."  The  Department  would continue  to                                                               
share statistical information.                                                                                                  
                                                                                                                                
Co-Chair Green withdrew her objection to the amendment.                                                                         
                                                                                                                                
There being no further objection, Amendment #1 was ADOPTED.                                                                     
                                                                                                                                
Co-Chair Wilken  asked for an  explanation of the  Alaska Traffic                                                               
Manual handout  titled "Draft" [copy  on file] the  Department of                                                               
Transportation and Public Facilities had distributed.                                                                           
                                                                                                                                
Mr. MacKinnon explained that the  Highway Traffic Manual dictates                                                               
to the  Department "when and where  signs should be used  and how                                                               
they should  be placed."  The regulations  proposed in  the Draft                                                               
would  be specific  to traffic  safety corridors.  Including this                                                               
language  in the  Traffic Manual  would allow  adjustments to  be                                                               
make quickly "were it found that,  "for some reason the target we                                                               
picked  was not  correct.  Were the  language  included in  State                                                               
Statute, the process  of changing it would  be more "cumbersome".                                                               
If we  put it into regulation,  it is a much  more time consuming                                                               
process to change  it." "The Traffic Manual's  what governs where                                                               
we put signs, how  we put'em, why we put'em as  well as the kinds                                                               
of signs" that are placed.                                                                                                      
                                                                                                                                
9:22:33 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilken understood therefore  that the language reflected                                                               
in  the "Draft"  document  "would be  inserted  into the  Traffic                                                               
Manual", were this bill adopted.                                                                                                
                                                                                                                                
Mr. MacKinnon  affirmed. Continuing,  he noted  that in  order to                                                               
establish   a  TSC,   certain  "thresholds   must  be   reached";                                                               
specifically  the  Department  must  have "a  three  year  record                                                               
looking  back  …  and  show  that the  fatal  plus  major  injury                                                               
accident  rate per  mile  exceeds 110  percent  of the  Statewide                                                               
average".  After   three  years,  a  TSC   designation  could  be                                                               
disestablished  were the  statistics  to  reflect "a  significant                                                               
improvement" in the accident rate.                                                                                              
                                                                                                                                
9:23:30 AM                                                                                                                    
                                                                                                                                
Mr. MacKinnon  stated that  the establishment of  a TSC  would be                                                               
accompanied by publicity and public  information. This would also                                                               
occur were a TSC dis-established,  as that would substantiate the                                                               
program's success.                                                                                                              
                                                                                                                                
Senator  Bunde  agreed  with  the concept  of  the  program.  The                                                               
"unfortunate" aspect  of the  situation is  that people  must die                                                               
before  the program  could be  established. Continuing,  he asked                                                               
whether a local  group or government could  identity a particular                                                               
road  as dangerous  "and appeal  to  the Department"  to have  it                                                               
designated as a TSC prior to fatalities occurring.                                                                              
                                                                                                                                
Mr. MacKinnon responded  that "there is always  the potential" to                                                               
do that; however,  he questioned whether the  anticipation that a                                                               
particular  road segment  might be  dangerous without  statistics                                                               
would suffice.  Continuing, he  cautioned that  establishing "too                                                               
many" TSCs could  reduce their "effectiveness". He  agreed "it is                                                               
a sad  thing" that  lives must  be lost in  order to  establish a                                                               
safety corridor.                                                                                                                
                                                                                                                                
9:25:23 AM                                                                                                                    
                                                                                                                                
Senator  Stedman asked  regarding  "the  interaction" that  might                                                               
occur between the  Department and a small  community desiring "to                                                               
take a pro-active approach" to reduce  speed limits on one of its                                                               
roads  in order  to curtail  fatalities. He  understood that  the                                                               
Department  "has  been  fairly  responsive"  to  these  types  of                                                               
requests.                                                                                                                       
                                                                                                                                
Mr. MacKinnon affirmed that the  Department is responsive to such                                                               
situations when "enough people"  are concerned about a particular                                                               
road.  While the  Department also  receives requests  to increase                                                               
the speed limit on certain  roads, "there's a lot more resistance                                                               
to increasing speed limits."                                                                                                    
                                                                                                                                
Mr. MacKinnon pointed  out that on certain  road segments, simply                                                               
reducing  the speed  limit  would "not  necessarily  result in  a                                                               
decrease in accidents because it's  the speeders that are causing                                                               
the problems  and not  the people obeying  the speed  limit." The                                                               
Department  would   not  post  a   speed  limit   exceeding  "the                                                               
geometries" of  the road.  The goal of  establishing TSCs  "is to                                                               
direct this effort toward driver behavior."                                                                                     
                                                                                                                                
Co-Chair Green noted  that language in Section 1, page  1 lines 9                                                               
through  12 might  address Senator  Bunde  and Senator  Stedman's                                                               
concerns about whether  people could request certain  roads to be                                                               
designated as TSCs. This information reads as follows.                                                                          
                                                                                                                                
     In establishing the criteria,  the commissioner may consider                                                               
     accident  data   and  reports,  the  types   and  volume  of                                                               
     vehicular  traffic,  engineering  and  traffic  studies  and                                                               
     other relevant factors.                                                                                                    
                                                                                                                                
Co-Chair  Green  believed  that this  language  would  provide  a                                                               
manner through which citizen concerns could be addressed.                                                                       
                                                                                                                                
Mr. MacKinnon agreed that the language would allow "non-                                                                        
technical reasons"  to be  considered in  the establishment  of a                                                               
TSC. Again,  the Department's concern would  be that establishing                                                               
too  many TSCs  would  be counterproductive.  The Department  has                                                               
proposed in  the Draft regulations  that "no more than  ten" TSCs                                                               
be  established Statewide.  Establishing  too  many would  reduce                                                               
their  effectiveness.  "There  would  also  be  the  question  of                                                               
whether  the  Alaska State  Troopers  or  the local  PDs  (police                                                               
departments) would be able to adequately increase enforcement."                                                                 
                                                                                                                                
Co-Chair   Green  remarked   that   that  would   be  a   "major"                                                               
consideration.                                                                                                                  
                                                                                                                                
Senator Olson stated that increasing the  level of fines in a TSC                                                               
could  be  characterized  as "counterintuitive",  as  the  people                                                               
guilty of the offenses might be dead.                                                                                           
                                                                                                                                
Mr. MacKinnon responded that the  "sad part" is that "quite often                                                               
the fatalities" are  innocent victims rather than  the person who                                                               
was driving offensively.                                                                                                        
                                                                                                                                
Senator Olson asked regarding the collection rate on such fines.                                                                
                                                                                                                                
Mr. MacKinnon  responded that he  would endeavor to  provide this                                                               
information.                                                                                                                    
                                                                                                                                
Senator  Olson remarked  that such  information  would assist  in                                                               
determining the effectiveness of the program.                                                                                   
                                                                                                                                
9:29:47 AM                                                                                                                    
                                                                                                                                
Senator  Stedman  pointed  out  that  the  $5,000  fiscal  impact                                                               
depicted  on   the  Department   of  Transportation   and  Public                                                               
Facilities  fiscal  note  #1  should   be  $5,000  per  corridor.                                                               
Consideration might  be given  to increasing  the fiscal  note in                                                               
order  to more  accurately reflect  the expense  of seven  to ten                                                               
corridors. The cost for seven corridors would be $35,000.                                                                       
                                                                                                                                
Mr.  MacKinnon affirmed  the fiscal  impact would  be $5,000  per                                                               
corridor. A "significant  amount of signage" would  be erected in                                                               
each corridor  to alert drivers  they were  in a TSC  with double                                                               
traffic fines. Signs  would be placed to  designate the beginning                                                               
and end of a TSC as well as throughout its length.                                                                              
                                                                                                                                
9:31:17 AM                                                                                                                    
                                                                                                                                
Co-Chair   Wilken   thought    the   aforementioned   maps   were                                                               
interesting.  To that  point, he  suggested that  the map  legend                                                               
should identity the significance of the blue and yellow boxes.                                                                  
                                                                                                                                
Mr.  MacKinnon  qualified  that  each box  depicted  on  the  map                                                               
indicates a  fatality. Blue boxes  indicate that alcohol  or drug                                                               
abuse was a  factor in the fatality. Yellow  boxes indicate other                                                               
factors as being involved.                                                                                                      
                                                                                                                                
Mr. MacKinnon  agreed that this information  should be specified.                                                               
Continuing  he noted  that the  Department of  Public Safety  was                                                               
interested in getting  copies of the maps to  distribute to their                                                               
staff, as the information would  assist the Alaska State Troopers                                                               
in  determining   where  they  should  focus   their  enforcement                                                               
efforts. The red  dots on the map indicate  where major accidents                                                               
and  fatalities   have  occurred  after  a   significant  highway                                                               
improvement.  The   white  dots  indicate  where   accidents  and                                                               
fatalities occurred before major highway improvements.                                                                          
                                                                                                                                
9:33:15 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green   asked  whether  the  double   fine  signage  at                                                               
construction sites  has made a  "notable difference"  in driver's                                                               
speed.                                                                                                                          
                                                                                                                                
9:33:41 AM                                                                                                                    
                                                                                                                                
KURT  SMITH,  State  Highway   Traffic  Engineer,  Department  of                                                               
Transportation and Public Facilities  informed the Committee that                                                               
no data  is available  in this  regard as such  data "is  hard to                                                               
collect  in construction  zones". The  overall feeling  of people                                                               
working  at   construction  projects  is  that   the  signs  "are                                                               
generally effective".                                                                                                           
                                                                                                                                
Co-Chair Green remarked  that the signs catch  her attention when                                                               
she is driving in a construction zone.                                                                                          
                                                                                                                                
9:34:53 AM                                                                                                                    
                                                                                                                                
Senator  Bunde  moved to  report  the  bill from  Committee  with                                                               
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There  being  no objection,  CS  SB  261(FIN) was  REPORTED  from                                                               
Committee with previous  $5,000 fiscal note #1  dated January 30,                                                               
2006   from  the   Department   of   Transportation  and   Public                                                               
Facilities; previous zero  fiscal note #2 dated  January 27, 2006                                                               
from the  Department of Public  Safety; and new zero  fiscal note                                                               
dated March 17, 2006 from the Alaska Court System.                                                                              
                                                                                                                                
9:35:39 AM                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects