Legislature(2005 - 2006)BUTROVICH 205

03/09/2006 01:30 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 261 REGULATION OF HWYS; TRAFFIC OFFENSES
Moved CSSB 261(TRA) Out of Committee
= SB 271 AUTHORIZE HWY PROGRAM PARTICIPATION
Moved SB 271 Out of Committee
= SB 300 MOTOR VEHICLE NEGATIVE EQUITY
Moved SB 300 Out of Committee
= SB 304 AIRPORT PARKING SHUTTLES/AIRPORT CHARGES
Moved SB 304 Out of Committee
          SB 261-REGULATION OF HWYS; TRAFFIC OFFENSES                                                                       
                                                                                                                                
CHAIR HUGGINS announced SB 261 to be up for discussion.                                                                         
                                                                                                                                
JOHN    MacKINNON,    Deputy    Commissioner,    Department    of                                                               
Transportation and  Public Facilities (DOTPF), referred  to a map                                                               
showing  28  years' worth  of  accidents  on the  Seward  Highway                                                               
between Girdwood and  Potter's Marsh.  He remarked  that the high                                                               
accident rates  were mostly  the result of  driver behavior.   He                                                               
explained that the bill allows  segments of road to be identified                                                               
that  have a  high rate  of  accidents and  establishes a  safety                                                               
corridor  where  the  fines  are   higher  and  enforcement  more                                                               
stringent.                                                                                                                      
                                                                                                                                
2:08:24 PM                                                                                                                    
SENATOR  FRENCH asked  if the  designation  of "safety  corridor"                                                               
included a role  for the Department of Public  Safety (DPS) since                                                               
the state troopers enforce the law.                                                                                             
                                                                                                                                
DEPUTY  COMMISSIONER MacKINNON  replied  that he  wanted to  have                                                               
very close  coordination and cooperation  with the  Department of                                                               
Public  Safety.  He  said  the  original  bill  stated  that  the                                                               
department would  designate portions of  a highway to  be traffic                                                               
safety corridors and he had  proposed a clarifying amendment that                                                               
says the  commissioner of the Department  of Transportation shall                                                               
consult with commissioner of Public Safety as follows:                                                                          
                                                       24G-2                                                                    
                                                   2/21/2006                                                                    
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
     Page 1, line 6, following "corridors":                                                                                   
          Insert "; fines"                                                                                                    
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "by posting signs at the beginning and end                                                                     
     of the corridor."                                                                                                          
          Insert ". The commissioner shall establish                                                                            
     criteria  for  the   designation  and  continuation  of                                                                    
     traffic   safety   corridors.   In   establishing   the                                                                    
     criteria, the  commissioner may consider  accident data                                                                    
     and reports, the type and  volume of vehicular traffic,                                                                    
     engineering  and traffic  studies,  and other  relevant                                                                    
     factors.   Before the  department designates  a traffic                                                                    
     safety  corridor, the  commissioner shall  consult with                                                                    
     the commissioner of public safety  and may consult with                                                                    
     other   local,  state,   and   federal  agencies   with                                                                    
     responsibility for traffic safety."                                                                                        
                                                                                                                                
     Page 1, line 10, following "AS 28.40.070.":                                                                                
          Insert   "The   department   shall   erect   signs                                                                    
     designating traffic  safety corridors and  alerting the                                                                    
     public   that  motor   vehicle  and   traffic  offenses                                                                    
     committed  within  a  corridor are  subject  to  double                                                                    
     fines."                                                                                                                    
                                                                                                                                
     Page 1, line 11, following "designation":                                                                                  
          Insert "of"                                                                                                           
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "posting of"                                                                                                   
          Insert "erection of signs regarding"                                                                                  
                                                                                                                                
     Page 2, line 23:                                                                                                           
          Delete "posted"                                                                                                       
          Insert "on which signs have been erected                                                                              
     designating that portion"                                                                                                  
                                                                                                                                
     Page 2, following line 24:                                                                                                 
          Insert a new bill section to read:                                                                                    
       "* Sec. 6. The uncodified  law of the State of Alaska                                                                
     is amended by adding a new section to read:                                                                                
          TRANSITION. (a) Notwithstanding the requirements                                                                      
     of AS 28.40.070(b),  added by  sec. 4 of this  Act, and                                                                    
     AS 37.05.142  that fines  collected under  AS 28.40.070                                                                    
     for offenses committed in a  traffic safety corridor be                                                                    
     accounted  for  separately,  the  Alaska  Court  System                                                                    
     shall  deposit  such  money collected  in  the  general                                                                    
     fund.                                                                                                                      
          (b)  Subsection (a) of this section applies to                                                                        
     collections   at  a   court  location   where  separate                                                                    
     accounting  for traffic  safety corridor  fines is  not                                                                    
     achievable. The  administrative director of  the Alaska                                                                    
     Court   System   shall   notify   the   Department   of                                                                    
     Administration when  such a court  location is  able to                                                                    
     separately  account  for  fines imposed  and  collected                                                                    
     under AS 28.40.070 for offenses  committed in a traffic                                                                    
     safety corridor."                                                                                                          
                                                                                                                                
     Renumber the remaining bill section accordingly.                                                                           
                                                                                                                                
2:10:03 PM                                                                                                                    
DEPUTY COMMISSIONER MacKINNON  said he had a  public meeting with                                                               
the State  Troopers in Wasilla  recently in which he  showed them                                                               
the department's highway  maps. He referenced the  one behind the                                                               
chairman  showing  the Knik/Goose  Bay  Road  that indicated  the                                                               
fatal accident locations for the  years 1977 through 2005. It was                                                               
the top  road in the state  as far as accidents  go. The Troopers                                                               
thought  it was  an  opportunity to  focus  enforcement in  those                                                               
areas.                                                                                                                          
                                                                                                                                
2:11:01 PM                                                                                                                    
SENATOR  FRENCH  remarked that  the  maps  were valuable  and  he                                                               
wondered what  efforts the department  was making with  regard to                                                               
publicizing this  information.  He  emphasized that it  was worth                                                               
getting the word out beyond  this hearing. Most people would like                                                               
to be able to know where the accidents happen.                                                                                  
                                                                                                                                
DEPUTY  COMMISSIONER  MacKINNON  noted the  Wasilla  meeting  two                                                               
weeks ago and said that the  department would be meeting on April                                                               
 th                                                                                                                             
4   with the  joint Palmer/Wasilla  Chamber of  Commerce to  give                                                               
them  a  similar  presentation for  their  area.  The  Matanuska-                                                               
Susitna Borough has three bad  road segments that involved driver                                                               
behavior issues.                                                                                                                
                                                                                                                                
2:12:32 PM                                                                                                                    
SENATOR FRENCH  said he is a  member of the Department  of Public                                                               
Safety Budget Subcommittee  and wanted to show these  maps to the                                                               
commissioner at some point.                                                                                                     
                                                                                                                                
DEPUTY COMMISSIONER  MacKINNON agreed  to provide him  with those                                                               
maps mounted.   Speaking to  the proposed amendment, he  noted it                                                               
would give the  commissioner of DOTPF direction  on what criteria                                                               
and factors to  consider in designating the  safety corridors and                                                               
requires consultation with the DPS  commissioner. The new Section                                                               
6 was  requested by the  court system and covered  accounting for                                                               
the double fines.  It allowed a portion of  the increased penalty                                                               
to  go  back   to  the  department  to  be   used  for  increased                                                               
enforcement and education programs.                                                                                             
                                                                                                                                
He also provided the committee with  a draft of the criteria that                                                               
would be used in establishing  the traffic zones in their traffic                                                               
manual.  Being in  the manual  would allow  them to  make quicker                                                               
adjustments  if   certain  criterion  is  not   adequate  or  too                                                               
stringent.  It  also  contains   thresholds  for  triggering  and                                                               
decommissioning  traffic safety  corridors that  were recommended                                                               
by their traffic engineers.                                                                                                     
                                                                                                                                
2:15:24 PM                                                                                                                    
SENATOR  FRENCH  moved  to  adopt  Amendment  1,  labeled  24G-2,                                                               
2/21/2006. There were no objections and it was so ordered.                                                                      
                                                                                                                                
DEPUTY COMMISSIONER MacKINNON explained  that using an average of                                                               
three years  to measure fatal,  plus major injury rate,  per mile                                                               
of corridor falls  was a minimum amount of time  to establish any                                                               
statistical  significance.  He  didn't   want  to  see  corridors                                                               
lasting forever  and didn't want  them put everywhere.  He didn't                                                               
want  more than  10 statewide  and preferably  only five  or six,                                                               
because when too many are used, they lose their impact.                                                                         
                                                                                                                                
2:17:00 PM                                                                                                                    
CHAIR HUGGINS mentioned requiring headlights to be turned on.                                                                   
                                                                                                                                
DEPUTY COMMISSIONER MacKINNON acknowledged that could be done.                                                                  
                                                                                                                                
2:17:38 PM                                                                                                                    
JEFF   OTTESEN,  Director,   Division  of   Program  Development,                                                               
Department  of Transportation  and Public  Facilities, said  that                                                               
topic  had been  dear  to  his heart  for  about  20 years.  Both                                                               
Scandinavia and  Canada require  headlights year  round. Research                                                               
has shown  that in high latitude  locations, a lot of  the day is                                                               
at low sun angles and that  causes long shadows across the road -                                                               
and in  Alaska, we have  dirty cars.  The combination of  a grey,                                                               
dark car  in shadow  makes it hard  to see.  Mandatory headlights                                                               
have been shown  to reduce accidents by as much  as 20 percent in                                                               
those locations.  He couldn't think  of anything else  that would                                                               
yield such a benefit for such a low cost.                                                                                       
                                                                                                                                
2:18:57 PM                                                                                                                    
CHAIR HUGGINS said  he wanted to look at the  possibility of such                                                               
a mandatory requirement.                                                                                                        
                                                                                                                                
MR. OTTESEN said  he thought that would be  an excellent addition                                                               
to this bill.                                                                                                                   
                                                                                                                                
SENATOR KOOKESH  opined that should  be part of the  criteria and                                                               
not part of the bill.                                                                                                           
                                                                                                                                
CHAIR HUGGINS understood that and  he also wanted a definition of                                                               
"rural roads".                                                                                                                  
                                                                                                                                
DEPUTY  COMMISSIONER MacKINNON  said the  Parks Highway  would be                                                               
considered a rural road.                                                                                                        
                                                                                                                                
SENATOR KOOKESH asked if it wasn't in the city limits.                                                                          
                                                                                                                                
MR.  OTTESEN explained  that the  definition of  rural and  urban                                                               
usually fell to the census  bureau definition, which looks at the                                                               
total population and density. Most of Mat-Su remains rural.                                                                     
                                                                                                                                
DEPUTY  COMMISSIONER MacKINNON  added that  on the  rural highway                                                               
segments,  accidents are  mostly head-on  collisions and  running                                                               
off  the road,  whereas  in  urban situations,  they  tend to  be                                                               
intersection-related.                                                                                                           
                                                                                                                                
2:21:36 PM                                                                                                                    
CHAIR  HUGGINS said  they had  also talked  about having  digital                                                               
read  out speed  signs and  asked if  that would  fit within  the                                                               
$5,000 budget for a corridor.                                                                                                   
                                                                                                                                
DEPUTY  COMMISSIONER MacKINNON  replies  yes. That  would be  the                                                               
cost  of putting  up  non-electronic signs.  A  number of  reader                                                               
boards and speed carts are on order.                                                                                            
                                                                                                                                
CHAIR HUGGINS asked if they were expensive.                                                                                     
                                                                                                                                
DEPUTY  COMMISSIONER MacKINNON  replied they  are a  few tens  of                                                               
thousands. Small  signs that  are attached  to the  same standard                                                               
are more reasonably priced.                                                                                                     
                                                                                                                                
2:22:46 PM                                                                                                                    
CHAIR HUGGINS  asked if he was  confident that a large  number of                                                               
communities wouldn't qualify with the criteria he has drafted.                                                                  
                                                                                                                                
DEPUTY COMMISSIONER MacKINNON replied yes.                                                                                      
                                                                                                                                
CHAIR HUGGINS asked what others he anticipated qualifying.                                                                      
                                                                                                                                
DEPUTY  COMMISSIONER  MacKINNON  replied in  the  Central  Region                                                               
between  Anchorage and  Seward, probably  three or  four segments                                                               
could be considered  safety corridors. In fact,  all the sections                                                               
could  be considered  as one  corridor. Wasilla  has three.  Data                                                               
from the Northern Region hadn't been crunched yet.                                                                              
                                                                                                                                
2:24:20 PM                                                                                                                    
CHAIR  HUGGINS asked  if  making  a whole  segment  of highway  a                                                               
safety corridor was a good idea.                                                                                                
                                                                                                                                
DEPUTY  COMMISSIONER  MacKINNON  replied that  the  stretch  from                                                               
Potter  Marsh to  Girdwood definitely  fits the  criteria and  it                                                               
makes  sense  to  include  small stretches  that  don't  fit  the                                                               
criteria with the larger stretches.                                                                                             
                                                                                                                                
2:26:57 PM                                                                                                                    
CHAIR   HUGGINS   asked  how   detailed   the   process  is   for                                                               
decommissioning the corridors.                                                                                                  
                                                                                                                                
DEPUTY COMMISSIONER  MacKINNON replied that  two of three  "Es" -                                                               
education and enforcement  - could be applied  immediately to any                                                               
corridor. Engineering  would involve reconstruction of  the road,                                                               
but  that  would  follow  in many  cases  and,  therefore,  takes                                                               
longer.                                                                                                                         
                                                                                                                                
2:28:53 PM                                                                                                                    
CHAIR  HUGGINS said  there should  be a  review process  for this                                                               
issue next year.                                                                                                                
                                                                                                                                
DEPUTY COMMISSIONER  MacKINNON agreed  and said he  wouldn't pass                                                               
up an opportunity  to "blow our own horn." He  explained that his                                                               
highway engineers do highway  safety improvement programs (HSIP),                                                               
which are a lot of  little construction projects in sections that                                                               
have  high accident  rates.  As soon  as  those improvements  are                                                               
made, their  effectiveness is measured  - with an  almost instant                                                               
success rate.  "You put  the turn-lanes in  and you  start seeing                                                               
fewer and fewer accidents."                                                                                                     
                                                                                                                                
2:30:30 PM                                                                                                                    
SENATOR FRENCH said the bill  doesn't give the commissioner power                                                               
to  order that  headlights  lights be  on and  he  asked if  that                                                               
authority exist someplace else either in regulation or statute.                                                                 
                                                                                                                                
MR. OTTESEN said  he wasn't aware of that authority,  so it might                                                               
be a good  minor addition to this  bill.  He added  that he could                                                               
provide research.                                                                                                               
                                                                                                                                
SENATOR FRENCH  surmised that all  the committee  members thought                                                               
it would be a good idea.                                                                                                        
                                                                                                                                
2:31:52 PM                                                                                                                    
CHAIR HUGGINS suggested the  aforementioned modification could be                                                               
made in the next committee of referral.                                                                                         
                                                                                                                                
2:32:04 PM                                                                                                                    
SENATOR FRENCH moved to report  CSSB 261(TRA) from committee with                                                               
individual  recommendations and  attached fiscal  note.   Without                                                               
objection,   CSSB  261(TRA)   was   reported   from  the   Senate                                                               
Transportation Standing Committee.                                                                                              

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