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