HB 87 - TRAFFIC OFFENSES IN HIGHWAY WORK ZONES Number 2412 CHAIRMAN GREEN announced the final item of business would be HB 87, "An Act relating to fines and bail forfeiture amounts for certain offenses committed within highway work zones." REPRESENTATIVE KIM ELTON, sponsor, characterized HB 87 as straightforward. It doubles the fines for speeding, and for reckless or negligent driving, in a highway construction zone. It is designed to lessen the danger that these workers face every day in construction zones. It is similar to legislation that has recently been passed in New York, Delaware, Iowa and Virginia. REPRESENTATIVE ELTON advised members that he had a videotaped news story from the state of Washington, which showed a motor vehicle accident in a highway working zone that happened the same day that state's law went into effect. Hawaii has something even more stringent, requiring that a police officer be posted in each work zone, which is probably one step further than this bill goes. Number 2462 REPRESENTATIVE ELTON referred to committee packets and informed members that although the department does not track accidents in work zones, they had provided anecdotal material. TAPE 98-23, SIDE B Number 0006 REPRESENTATIVE ELTON mentioned problems that had occurred in Alaska, including 11 accidents in a work zone on the Glenn Highway in 1995, a death in a highway work zone in North Pole five or six years ago, and a serious injury in a work zone in the Tudor Road area in Anchorage. Noting that packets did not contain that information sheet, Representative Elton said he would provide it so that it could go with the bill if it moved out. Number 0058 REPRESENTATIVE BERKOWITZ said these are for state statutes. He asked, "But if there's a municipal ordinance that covers the same behavior - in Anchorage, I think it's careless driving - would this reach out and touch that kind of conduct?" REPRESENTATIVE ELTON said no, this applies only to projects that are occurring in work zones on state highways and state-maintained road systems. He suggested the question is local option, that if a municipality wants to extend that type of enhanced penalty in their projects, they could do that. CHAIRMAN GREEN suggested that where that highway runs through a municipality, it still is in effect. REPRESENTATIVE ELTON said that is correct. He said a good example is the accident on the Seward Highway accident near Tudor, noting that that is a state-maintained road. Number 0096 REPRESENTATIVE PORTER said that if the Anchorage Police Department (APD) investigated the accident in that case, the APD would make a citation under the city traffic code, which to his knowledge doesn't have this provision. REPRESENTATIVE ELTON responded, "I think that's right. I mean, Representative Porter would know more about this. But wouldn't the municipality also have the option, if it happened in a state area, to make the citation under the state code also?" REPRESENTATIVE PORTER replied that they have that option, but they use the municipal code. CHAIRMAN GREEN asked whether there were further questions. Number 0119 REPRESENTATIVE JAMES made a motion to move HB 87 out of committee with individual recommendations and the attached zero fiscal notes. CHAIRMAN GREEN asked whether there was any objection. REPRESENTATIVE BUNDE objected to comment that there is so little road construction in Alaska that he doesn't think this bill will have much impact. He then removed his objection. Number 0144 CHAIRMAN GREEN announced that hearing no objection, HB 87 was moved from the House Judiciary Standing Committee.