01/18/2000 01:04 PM House TRA

HB 8 - NAMING SHELBY'S WAY PEDESTRIAN UNDERPASS                                                                                 
                                                                                                                                
CHAIRMAN HALCRO announced the next order of business as House Bill                                                              
8, "An Act naming the pedestrian underpass at Montana Creek on the                                                              
Parks Highway as Shelby's Way."                                                                                                 
                                                                                                                                
Number 1498                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO called for a brief at-ease at 1:25 p.m. and called                                                              
the meeting back to order at 1:30 p.m.                                                                                          
                                                                                                                                
Number 1520                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING, sponsor of HB 8, noted the bill was drafted                                                             
last year and tabled by the chairman of the House Transportation                                                                
Committee because of a pending lawsuit.  At this point, however,                                                                
the lawsuit has been resolved.                                                                                                  
                                                                                                                                
REPRESENTATIVE KOHRING explained that the bill would name an                                                                    
underpass that will be constructed on the Parks Highway as                                                                      
"Shelby's Way."  He explained Shelby passed away in an accident                                                                 
while camping and fishing with her family at Montana Creek, the                                                                 
site of the underpass.  It is sad that an accident such as Shelby's                                                             
was needed to get an underpass.  Nevertheless, he credited DOT/PF                                                               
for its immediate recognition of the need for the underpass and                                                                 
announced that construction will begin this summer.  Representative                                                             
Kohring further stated that, at the conclusion of the construction,                                                             
there will be a community-wide picnic to celebrate Shelby's life                                                                
and to dedicate the underpass in her honor.  The bill is the                                                                    
official vehicle for that to happen.                                                                                            
                                                                                                                                
Number 1675                                                                                                                     
                                                                                                                                
BOYD J. BROWNFIELD, Deputy Commissioner, Department of                                                                          
Transportation & Public Facilities [DOT/PF], came before the                                                                    
committee to present the department's position.  He stated that the                                                             
department supports HB 8 and noted that his comments on HB 266                                                                  
apply to this bill as well.                                                                                                     
                                                                                                                                
Number 1700                                                                                                                     
                                                                                                                                
BRENDA POTTER, Mother of Shelby Larsen, testified via                                                                           
teleconference from Mat-Su.  She stated the following:                                                                          
                                                                                                                                
     Shelby was a beautiful, little five year old who touched                                                                   
     the lives of everyone she met.  Truly God's little gift.                                                                   
     Because of the potential danger in these bridge areas and                                                                  
     in memory of my little girl, I launched a small crusade                                                                    
     to get safety in these areas enhanced for us and our                                                                       
     loved ones.  This bridge work has been started and will                                                                    
     continue this year.  This all started with the death of                                                                    
     one little girl, Shelby.  I believe it is only right,                                                                      
     since she took her last breath on that bridge and the                                                                      
     work that we're getting done, that it bears her name -                                                                     
     Shelby's Way.  Thank you.                                                                                                  
                                                                                                                                
Number 1742                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO closed the meeting to public testimony.                                                                         
                                                                                                                                
Number 1747                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON stated the ultimate tribute to Shelby is the                                                              
fact that there will be a tunnel [underpass] constructed.  However,                                                             
he wonders what the policy should be in these types of incidents.                                                               
He knows of two very fine individuals who were killed on a highway                                                              
in Juneau.  He can understand designating a stretch of a highway to                                                             
a state trooper to credit all other troopers or all veterans who                                                                
have served the state, but he is hesitant to move quickly towards                                                               
this kind of a designation.  He doesn't mean any disrespect; he                                                                 
just doesn't want to establish a new pattern, whereby anybody could                                                             
come before the legislature to designate a stretch of a highway to                                                              
someone who has lost his/her life.                                                                                              
                                                                                                                                
Number 1852                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY stated it seems that DOT/PF chose to                                                                     
construct an underpass for future safety reasons.  There is a lot                                                               
of activity at that bridge, especially when the salmon are running                                                              
in the summer.  The bill simply names the underpass.                                                                            
                                                                                                                                
Number 1900                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO stated he finds himself agreeing with                                                                           
Representative Hudson, but for a different reason.  Last year,                                                                  
DOT/PF and the Department of Law took issue with the danger, as                                                                 
this was the first time for a fatality or pedestrian accident.  But                                                             
it goes a step beyond that.  In this case, a five-year-old girl was                                                             
left unsupervised and she ran into the middle of the street, yet                                                                
with all the activity on the bridge it was the first time in 20                                                                 
years somebody was killed, and unfortunately, very unfortunately,                                                               
it was a five-year-old little girl.  He will support the bill, but                                                              
he is concerned about the future implications for the state.  He                                                                
reiterated that this is different than naming a corridor of a                                                                   
highway after a slain officer in the line of duty; this is                                                                      
surrounded by litigation in which the state had to settle on who                                                                
was liable.                                                                                                                     
                                                                                                                                
Number 2042                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY made a motion to move HB 8 out of committee                                                              
with individual recommendations and attached zero fiscal note(s);                                                               
he asked unanimous consent.  There being no objection, HB 8 so                                                                  
moved from the House Transportation Standing Committee.