Legislature(2003 - 2004)
05/01/2003 03:35 PM Senate STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 127-ROADSIDE MEMORIALS
LORI BACKES, staff to Representative Jim Whittaker, said HB 127
seeks to allow Alaskans the right to express their grief at the
loss of a loved one with as little governmental interference as
possible. When someone is killed on an Alaskan highway, family
and friends sometimes place a memorial at the site of the
accident. The memorials serve two purposes. First they pay
tribute to the individual who died, and second they warn other
travelers of the potential tragedy associated with dangerous
driving.
Most states allow such memorials either officially or
unofficially. Although Alaska Department of Transportation and
Public Facilities (DOTPF) has traditionally ignored them, two
years ago they gave notice that personal memorials would have to
be removed. As a result, the mother of a person killed by a
drunk driver in the Fairbanks area circulated a petition
requesting the state continue to allow the memorials.
HB 127 sets out to clarify that the state won't discourage the
placing of such memorials, but they will reasonably regulate
them so as not to allow unsafe distractions and hazards in
Alaska's rights of way.
The Department of Law (DOL) requested an amendment to the bill,
which would avoid any liability to the state should a person
suffer injury or damage as a result of the placement of a
memorial. Representative Whitaker didn't object to the amendment
she said.
SENATOR JOHN COWDERY noted the Senate Transportation Committee
also amended the bill.
MS. BACKUS said the language in the original bill read, "a
person who died in a traffic accident" and the amended language
was, "a person who died as a result of a traffic accident."
SENATOR COWDERY asked what types of memorials would be allowed
and for the definition of temporary.
MS. BACKUS explained that temporary isn't intended to be any
particular length of time; it simply indicates the memorials
aren't permanent fixtures. She read page 1, lines 10-12 and said
a cement structure probably would not be allowed. It's been made
clear to DOTPF that they would be expected to craft guidelines
based on their knowledge of the realm of safety.
SENATOR COWDERY noted there have been legal problems associated
with expanding roads or buildings when they infringe on private
burial grounds. He asked what would happen if a road was
expanded.
MS BACKUS stated that all memorials would have contact
information in case the memorial needed to be moved. If the
contact information was not up to date or the contact individual
wasn't able to move the memorial, the contractor, working
through DOTPF, would have the authority to do so.
SENATOR COWDERY asked for assurance that there was no intent for
the state to be held liable if contact information on the
memorials became outdated.
MS. BACKUS replied DOTPF would have full authorization to move
the memorial.
SENATOR COWDERY said he intended to vote in favor of the
legislation and he believes memorials send a safety message.
SENATOR LYMAN HOFFMAN questioned whether this would jeopardize
any federal funding.
MS. BACKUS replied DOTPF was concerned about that because of
language in the Highway Beautification Program that speaks to
what would happen if a state didn't control encroachments in the
highway rights-of-way. The sponsor believes the legislation
allows the state the latitude to control encroachments to a
satisfactory degree and the department has never been threatened
with a loss of funding.
She said Lady Byrd Johnson did not intend for her program to
impact these types of memorials.
CHAIR GARY STEVENS asked the DOL to comment on the amendment.
JIM CANTOR from the Attorney General's office explained that the
amendment would add immunity for damage or injury as a result of
the placement of the memorial. The concern is that modern
highways are designed with a clear zone concept, which is the
zone where a vehicle could leave the highway and not hit
something. Allowing memorials in the clear zone could subject
the state to liability.
Since the program is designed to eliminate governmental
interference, they propose this as a way to go forward without
increasing the fiscal cost to the state.
SIDE B
4:20 pm
CHAIR GARY STEVENS asked if the state could make itself not
liable by announcing it was not liable.
MR. CANTOR replied, "Yes."
SENATOR COWDERY made a motion to adopt amendment #1. Page 2,
line 8, following "damage to": insert ",or damage or injury
resulting from the presence of," There was no objection.
BARBARA DOWDY read a statement from Sheryl Riley into the record
relating Heather Dowdy's story. She was a vibrant, productive
17-year-old student who was ready to graduate from high school
when she was hit and killed by a drunk driver.
BARBARA DOWDY, Heather's mother, testified she is a member of
the MADD chapter in Fairbanks and she fully supports passage of
HB 127. On her way to deliver her testimony, she traveled the
Old Steese Highway so she could stop and place fresh flowers on
Heather's cross. She noted others had left flowers as well. She
said that roadside memorials let people know that a loved one is
remembered and their passing is noticed.
RACHAEL DOWDY, Heather's sister, outlined the last day of
Heather's life. After the accident, family and friends placed a
roadside memorial in her memory and to help in their healing
process. She said that roadside memorials remind people that
driving fatalities are personal and Heather's family has
anecdotal evidence that her memorial has changed at least one
person's drinking and driving behavior. They are sure the
standard DOTPF sign would not have this same affect.
She then read a statement written by Sandy Gilespie, Heather's
sister-in-law, supporting HB 127.
There was no further testimony.
SENATOR COWDERY made a motion to move SCS HB 127(STA) from
committee with individual recommendations and zero fiscal note.
There being no objection, it was so ordered.
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