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.