Legislature(2003 - 2004)
01/30/2004 08:02 AM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 244-INCREASE FINE FOR SCHOOL ZONE VIOLATIONS
SENATOR GARY WILKEN, sponsor of SB 244, informed members that in
1998, the Legislature enacted a law that doubled fines for
traffic violations in construction zones, which was supported by
the Alaska General Contractors (AGC) and others. During the
interim, someone suggested to him that a law be passed to double
traffic violation fines in school zones. After looking into the
matter, he found other states have found that their construction
zone laws changed people's attitudes so that they slow down in
construction zones. SB 244 would allow a judge to impose a $600
rather than $300 fine for speeding in a school zone. The six-
point assessment on one's license for that infraction would
remain the same.
SENATOR WILKEN pointed out that members' packets contain two
zero fiscal notes: one from the Alaska State Troopers (AST), the
other from the Alaska Court System. In addition, Bob Myers and
Ann Shortt, Superintendent of the Fairbanks North star Borough
School District, submitted letters of support.
SENATOR ELLIS noted that former Senator Robin Taylor
vociferously criticized increasing the penalties in the drug
free school zone statute and asked if there is any interplay
between that statute and this legislation.
SENATOR WILKEN said not that he is aware of.
SENATOR ELLIS asked him to look into how the two might fit
together in relation to signage and penalties.
SENATOR WILKEN agreed to do so.
SENATOR ELLIS asked Senator Wilken if he anticipates any
additional signage requirements for local school districts.
SENATOR WILKEN explained that on roads maintained by the
Department of Transportation and Public Facilities (DOTPF),
DOTPF will be responsible for the signs; school districts or the
local governments will be responsible for the signs on other
roads.
SENATOR ELLIS questioned whether any of the fiscal notes reflect
the cost to local school districts.
SENATOR WILKEN answered that cost would be part of the local
school districts' normal operating budgets and DOTPF has
indicated that the signage will have no impact on its budget.
SENATOR ELLIS asked if school districts have indicated the cost
to them.
SENATOR WILKEN said he is relatively confident the cost will be
minimal to attach a small double-fine sign to the school zone
sign.
SENATOR ELLIS asked Senator Wilken if he envisions that a third
sign would be attached under the school zone sign and the drug
free school zone signs.
SENATOR WILKEN said he assumes there would be some signage
somewhere that warns drivers of double fines for speeding in a
school zone, much like the signs used for construction zones.
CHAIR SEEKINS announced that he expects members to converse
freely with the witnesses without having to address the chair
for each question. He prefers to allow the matter to be fully
discussed while maintaining the same amount of decorum as
committee members showed last year. He then noted that with no
further questions from committee members, the committee would
hear from Mr. Myers.
MR. BOB MYERS, testifying on his own behalf, stated support for
SB 244 as a father, grandfather, foster parent, and elementary
school employee. He told members he has been a crossing guard on
Danby Street in the mornings for four years. Two intersections
in that area feed students from military housing to an
elementary and middle school. Speeding is a daily occurrence.
The peak morning rush hour occurs at the same time children are
heading to school. Twice since the winter break, cars have run
his stop sign while children were in the crosswalk. He has made
many attempts during his four years to increase community
awareness of the danger to children but believes more needs to
be done. He asked members if the Legislature is willing to
protect construction workers, why not children? In October he
contacted Senator Wilken and asked that he introduce
legislation. Just the day before, a student was killed in Juneau
while riding a bike to school. He pointed out that the existing
signage in Fairbanks is inadequate and not visible in the dark.
He urged members to pass this legislation to better protect
children.
8:15 a.m.
SENATOR HOLLIS FRENCH asked Senator Wilken if SB 244 would apply
24 hours per day or only during the actual hours that children
travel to and from school. He noted in Anchorage, flashing
lights at the school zone are turned on 45 minutes before school
starts and drivers must slow down to 20 mph. Once school begins,
the lights are turned off and normal highway speed applies. He
questioned whether a person could get a double fine at 3:00 a.m.
or only during times when children are present.
SENATOR WILKEN responded:
...subject to a statute there's a change in the speed
as you've just spoken to and it lowers or raises the
speed limit depending on time and that's already
addressed in current statute so if you violated this
speed at that time - the time of day that that
particular speed was in effect, then that would be the
double fine, so your example - 3 a.m. - no.
SENATOR FRENCH asked if this law would apply only during the
lowered speed limit times.
SENATOR WILKEN said if a person breaks the speed limit when the
speed is lowered because children are arriving at or leaving
school, that person would be subject to SB 244. This bill would
not apply at other times; the normal speed limit law would
apply.
SENATOR FRENCH asked if the driver would violate normal speed
violations during evening hours and double fine speed violations
during heightened school hours.
SENATOR WILKEN affirmed that is correct.
CHAIR SEEKINS pointed out the language in the bill says "in a
school zone" so that a literal reading of that language would
mean the fine would be double if a person sped in a school zone
any time of day. He said if Senator Wilken's intent is to apply
the double fine in a school zone during the time the reduced
speed is in effect, the language should be clarified.
SENATOR ELLIS noted that was his question - he understands the
sponsor's intent but read the bill to say differently.
SENATOR WILKEN said current law allows for a change to the speed
limit in a school zone but he would find the citation to clarify
it or suggest language to amend the bill.
CHAIR SEEKINS asked who would get the revenue from the fines.
SENATOR WILKEN thought it would go to the general fund like any
criminal fine.
CHAIR SEEKINS recalled that many years ago, a line-up of Seattle
motorcycle cops would stop drivers in school zones one minute
after the restricted speed was in effect. Fines from those
violations were a major source of revenue for the city.
SENATOR WILKEN said he recently spoke with a Washington State
official to learn about Washington's program; the state splits
the revenue with the municipalities. He was told the fines bring
in millions of dollars. He then informed members he would work
on the definition of "school zones."
8:21 a.m.
SENATOR THERRIAULT asked if the state has a surcharge on
different traffic fines that goes to the police officers'
training fund.
SENATOR WILKEN said he is not aware of that and does not believe
this bill would have any effect on it.
CHAIR SEEKINS suggested that enforcement would be immediately
heightened if the revenue goes to the municipalities.
SENATOR THERRIAULT said [if that were the case], those
municipalities that want to provide services to their
constituents could pay for the program.
SENATOR WILKEN informed members that in FY '03, there were 481
school zone violations so the bill could be a revenue generator.
CHAIR SEEKINS asked Mr. Springer to testify.
MR. HENRY SPRINGER, testifying on his own behalf from Anchorage,
told members that he was the executive director of the
Associated General Contractors (AGC) when the construction zone
legislation was enacted. He worked closely with former Senator
Donley on that bill at that time. That bill doubled traffic
violation fines in construction zones and was modeled after
similar legislation enacted in other states. Statistics have
shown that legislation has been very successful for two reasons.
First, it does not take a lot of effort to implement; the new
signage can be coupled with other signs that identify school
zones. Second, it is inexpensive from the standpoint of law
enforcement. The goal is to increase safety for pedestrians. He
said he is confident that what worked in construction zones will
work in school zones.
[Senator Ogan arrived.]
LIEUTENANT AL STOREY, Alaska State Troopers, Department of
Public Safety (DPS), told members that 481 citations were issued
in school zones in FY '03. The Anchorage Police Department
issued 410 of those. The Anchorage Police Department has
enhanced its enforcement effort for several years; that effort
has had a real impact on the driving habits of people in school
zones. He believes that a statewide effort to slow drivers in
school zones would modify driving behavior and make those areas
safer for children.
LIEUTENANT STOREY said that while comparing SB 244 with the
programs in Oregon and Washington, he discovered a few
interesting points. Washington State has an aggregated penalty
for school zone violations. The base fine amount for the slowest
speeding violation is $100. The penalty in Washington for
passing a school bus when its flashing lights are activated is
$327. The State of Oregon's violation and infraction system
differs from Alaska's. Oregon has class A through D violations.
The lowest school zone violation is a class B violation, which
costs $123 for driving 1 to 10 miles over the speed limit in a
school zone. A class A violation - driving 30 miles per hour or
more in a school zone - costs $672. The cost for a commercial
vehicle is $1,248. Oregon has taken a strong stand on school
zone violations and has experienced great success in making
those areas safer for children. He told members DPS supports
this legislation. He also said, speaking of the issue of when
the zone is activated for enforcement purposes, the area is only
considered a school zone when the yellow lights are flashing or,
in areas with no lights, during the hours posted on the signage.
SENATOR OGAN expressed concern about school zones without
flashing lights. He said a school zone exists between 7:25 a.m.
and 8:15 a.m. around a new charter school in his district.
Drivers must stop before they get to the school zone and look at
their watches, which he believes is hazardous. In addition, not
all drivers have watches. He confessed that he has driven
through those school zones without slowing down because he has
been driving in that area for years before it was a school zone
and forgot about the change. He said he would be more
comfortable if the double fine penalty applied only in school
zones with flashing lights and planned to talk to the sponsor
about offering an amendment to that effect. He asked Lieutenant
Storey if he is aware of a person using the defense that he or
she was not wearing a watch.
LIEUTENANT STOREY said not that he is aware of.
SENATOR THERRIAULT asked how a construction zone is delineated
and whether, when a school is constructed, the property owner
must establish the school zone with signage.
LIEUTENANT STOREY said that construction zones, by statute, are
clearly identified by signs. Typically, signs are placed that
warn drivers they are approaching and leaving a construction
zone and then another sign is posted that warns of double
penalties for violations within that zone. He said it is his
impression that the intent of the bill is to post an additional
sign warning of double penalties on the established school zone
signage.
SENATOR THERRIAULT asked if the double fine could be imposed
around new or charter schools that have no signage.
LIEUTENANT STOREY said for enforcement purposes, the school zone
would have to be marked with either flashing lights or an
additional warning sign.
SENATOR THERRIAULT replied, "So no signs, no double fine."
LIEUTENANT STOREY said that is correct.
CHAIR SEEKINS asked if anything in statute or regulations
requires a driver to be aware of the time.
LIEUTENANT STOREY said not that he is aware of.
CHAIR SEEKINS noted a driver could fall prey to a violation
inadvertently.
LIEUTENANT STOREY said that is a possibility but many variables
would alert a driver that children are traveling to school.
CHAIR SEEKINS asked if the double fine sign requirement for
construction zones is in statute or regulation.
LIEUTENANT STOREY thought it was required by regulation.
SENATOR WILKEN thought Chair Seekins was asking whether double
fines could not be imposed if no signs are posted.
LIEUTENANT STOREY said he believes the statute says the area
must be an identified highway construction zone. He affirmed
that the AST does not write citations for double fines unless
the signs are posted.
SENATOR WILKEN added that 13 AAC 02.325 says to be a school
zone, the area must be posted with an official school, school
crossing, or speed control sign.
SENATOR ELLIS stated, "But it need not be posted as double fines
in a school zone because before we talked about - you anticipate
there being additional signage that says double fines so that
would have to be in place to trigger the doubling of the fine."
SENATOR WILKEN asked Senator Ellis if he was asking if no double
fines could be imposed if no double fine signs were posted.
SENATOR ELLIS asked if that is what SB 244 says.
SENATOR WILKEN said he does not believe so.
CHAIR SEEKINS agreed and noted that is why he asked if that
requirement is in regulation or statute. He noted it appears to
be in regulation.
SENATOR WILKEN replied:
That I don't know. I guess I just anticipated that it
would be much like the construction zones - that if
you really wanted the law to have some teeth, you
would go to the minimal effort of just putting up a
sign to complete the process of what we're trying to
do here - get people to slow down.
SENATOR ELLIS asked if the fines would be doubled only in those
school districts that choose to bear the cost of additional
signage.
SENATOR WILKEN said he would get an answer to that question.
CHAIR SEEKINS said that is the situation with construction
zones. He asked Senator Wilken if his intent is to get drivers
to slow down to protect children.
SENATOR ELLIS said he appreciates Senator Wilken's intent but
feels some of the details need to be worked out.
SENATOR WILKEN offered to get back to the committee with
answers.
MR. MYERS said sometimes rules and regulations are imposed on
schools with no funding and asked if some of the revenue from
the fines could go to the school districts to cover the cost of
the signage.
SENATOR THERRIAULT said part of the answer is linked to some of
the information Senator Wilken will be providing because there
may be no requirement to post that the fines are doubled so the
existing school zone signs may suffice. He said once members get
an answer to the first question, they will know whether the
second question is a problem.
SENATOR WILKINS said he would also find out where the funds go.
CHAIR SEEKINS announced the committee would put SB 244 aside to
await answers to members' questions and take up SB 203.
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