HB 438-MOVE OVER LAW FOR DRIVERS  MR. MATTHEW RUDIG, staff to Representative Holm, sponsor of HB 438, told members that moving over and slowing down can save lives. It is very dangerous for law enforcement officers and emergency personnel to work alongside a roadway. According to the National Law Enforcement Officers Memorial Fund report, from 1997 through 2002, 93 law enforcement officers were struck and killed nationwide along the roadside. Many more have been injured and many have had close calls. No measure of "move over" legislation will guarantee officers and emergency personnel complete safety, however this bill and further public education efforts will heighten driver awareness of the inherent dangers of officers and emergency personnel. Establishing such a requirement in statute will encourage the public to take precautions when passing emergency vehicles along the roadside with emergency lights flashing. Thirty other states have enacted similar legislation. Testimonials given by several Fairbanks police officers are included in members' packets that expressed a need for such legislation. SENATOR THERRIAULT asked if this legislation essentially requires drivers to slow down to 20 mph and move over to the lane furthest away if an emergency vehicle is alongside the road. He pointed out that he was referring to information on the fiscal note. MR. RUDIG said that language was in the original version of the bill but was amended by the House Judiciary and Senate State Affairs Committees. The new language in those versions reads: Unless otherwise directed by law enforcement or emergency personnel, shall slow to a reasonable and prudent speed considering the traffic roadway and weather conditions. CHAIR SEEKINS noted the bill in its present form has no stated speed limit in these instances. MR. RUDIG agreed. SENATOR OGAN said he fully supports the intent of this legislation but asked if this bill simply clarifies the law and creates a class A misdemeanor if personal injury results if a person does not follow the law. MR. RUDIG said that is correct but that the offense could be written as a violation as well. CHAIR SEEKINS noted it would be an infraction if no personal injury resulted. SENATOR THERRIAULT said this only applies to stationary emergency vehicles, not vehicles en route. MR. RUDIG clarified that is the intent of the sponsor. SENATOR OGAN moved SCS CSHB 438(STA) from committee with individual recommendations and attached fiscal notes. The motion carried with Senators Ogan, Therriault and Seekins in favor. With no further business to come before the committee, CHAIR SEEKINS adjourned the meeting at 5:08 p.m.