HB 256: "An Act allowing the commissioner of transportation and public facilities to designate a portion of a highway within a traffic safety corridor as a zero tolerance district and setting out the penalties for a traffic violation within a zero tolerance district."
00 HOUSE BILL NO. 256 01 "An Act allowing the commissioner of transportation and public facilities to designate a 02 portion of a highway within a traffic safety corridor as a zero tolerance district and 03 setting out the penalties for a traffic violation within a zero tolerance district." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE OF AS 19.10.077. It is the purpose of AS 19.10.077, enacted by sec. 2 of 08 this Act, to establish a presumption that, in areas within traffic safety corridors identified by 09 the commissioner of transportation and public facilities as areas in which there is objective 10 evidence of a demonstrably heightened chance of vehicle accidents or substantial harm to 11 other persons using the highway, motor vehicle operators are given actual notice of the risks 12 that attach to negligent vehicle operation and that, having been made aware of the risk, 13 operation of the motor vehicle in a manner that contributes to the death of another person in 14 the area constitutes conduct that may properly be charged as the crime of manslaughter.
01 * Sec. 2. AS 19.10 is amended by adding a new section to read: 02 Sec. 19.10.077. Designation of zero tolerance districts; fines. (a) To promote 03 traffic safety and deter unsafe driving of vehicles, and to give notice to motor vehicle 04 operators of the risks that attach to conduct in violation of AS 28 (Alaska Uniform 05 Vehicle Code) in areas in which the commissioner has determined that there is a 06 greater chance of accidents or harm than in most areas of a traffic safety corridor, the 07 department may designate all or a portion of a traffic safety corridor established under 08 AS 19.10.075 to be a zero tolerance district. The commissioner shall establish criteria 09 for the designation and continuation of zero tolerance districts that include showing 10 that an area has a greater chance of accidents or harm than in most areas of a traffic 11 safety corridor. In establishing the criteria, the commissioner may consider accident 12 data and reports, the type and volume of vehicular traffic, engineering and traffic 13 studies, and other relevant factors. Before the department designates a zero tolerance 14 district, the commissioner shall consult with the commissioner of public safety and 15 shall consult with other local, state, and federal agencies with responsibility for traffic 16 safety. 17 (b) A motor vehicle or traffic offense committed in a zero tolerance district is 18 subject to fines or imprisonment under the schedule listed in AS 28.90.032. 19 (c) The department shall erect signs designating zero tolerance districts and 20 alerting the public that motor vehicle and traffic offenses committed within a zero 21 tolerance district are subject to increased penalties. 22 (d) A claim for damages may not be made against the state or its officers, 23 employees, or agents for an act or omission relating to the designation of and erection 24 of signs regarding a zero tolerance district. 25 (e) The legislature may appropriate 50 percent of the fines for offenses 26 committed in a zero tolerance district imposed under AS 28.90.032 and collected and 27 separately accounted for by the state under AS 37.05.142 to the division in the 28 Department of Transportation and Public Facilities responsible for highway safety 29 planning, for highway safety programs. 30 * Sec. 3. AS 28.15.221(c) is amended to read: 31 (c) The regulations adopted under (a) of this section shall include a two-point
01 addition to a licensee's assessed total if the licensee, while in a designated traffic 02 safety corridor or zero tolerance district, overtakes and passes another vehicle in a 03 zone designated by a safety control device that prohibits passing. 04 * Sec. 4. AS 28.90.030 is amended by adding a new subsection to read: 05 (e) The provisions of this section do not apply to offenses committed within a 06 zero tolerance district. 07 * Sec. 5. AS 28.90 is amended by adding a new section to read: 08 Sec. 28.90.032. Fines for offenses committed within a zero tolerance 09 district. (a) Unless it is declared to be a felony, a violation of this title or regulation 10 adopted under this title committed in a zero tolerance district is a class A 11 misdemeanor. Upon conviction, the court shall impose a minimum sentence of 12 (1) a 90-day suspension of the person's driver's license or a fine of 13 $10,000 if the person has not been previously convicted under this section within the 14 four years preceding the violation; 15 (2) imprisonment of not less than 30 days and a 180-day suspension of 16 the person's driver's license if the person has been previously convicted once under 17 this section in the four years preceding the violation; 18 (3) imprisonment of not less than 90 days, forfeiture of the vehicle, and 19 permanent revocation of the person's driver's license if the person has been convicted 20 twice under this section in the four years preceding the violation. 21 (b) Fines imposed and collected under this section shall be separately 22 accounted for under AS 37.05.142. 23 (c) Notwithstanding the requirements of (b) of this section and AS 37.05.142, 24 the Alaska Court System shall deposit fines collected under this section in the general 25 fund if the fine is collected at a court location where separate accounting for zero 26 tolerance district fines is not achievable. 27 (d) The administrative director of the Alaska Court System shall notify the 28 Department of Administration 29 (1) of court locations where separate accounting under (b) of this 30 section is not achievable; and 31 (2) when a court location identified under (1) of this subsection
01 becomes able to separately account for fines under (b) of this section. 02 * Sec. 6. AS 28.90.990(a) is amended by adding a new paragraph to read: 03 (31) "zero tolerance district" means a portion of a highway designated 04 by the Department of Transportation and Public Facilities under AS 19.10.077(a) on 05 which signs have been erected designating that portion as a zero tolerance district 06 under AS 19.10.077(c).