Legislature(1993 - 1994)

03/01/1994 05:00 PM TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 367 - PROHIBITED HIGHWAY ADVERTISING                                      
                                                                               
  Number 495                                                                   
                                                                               
  CHAIR FOSTER asked Representative Olberg to present the                      
  committee with his bill, HB 367.                                             
                                                                               
  Number 498                                                                   
                                                                               
  REPRESENTATIVE OLBERG thanked the committee and introduced                   
  HB 367 by stating:                                                           
                                                                               
  "House Bill 367 would allow certain restricted exceptions to                 
  the State's limitations on outdoor advertising, thereby                      
  addressing the need for improved directional signage to                      
  accommodate the state's traveling public.  These changes                     
  would facilitate efforts by roadside businesses to direct                    
  motorists to available services and products.  In response                   
  to suggestions made by members of committees of both bodies                  
  last session, I would like you to consider this work draft,                  
  CSHB 367.                                                                    
                                                                               
  "This CS for HB 367 would allow one new exception to the                     
  state limitation on outdoor advertising signs, display, and                  
  devices.  Directional signs could be placed in zoned/unzoned                 
  commercial or industrial areas along a state highway,                        
  subject to stringent restrictions.  The draft bill would                     
  also codify two existing DOT/PF programs in statute:  the                    
  airspace leasing program and TODS (Tourist Oriented                          
  Directional Signing program).  The changes proposed by CSHB                  
  367 would help many small business owners while not                          
  negatively impacting the scenery visible from Alaska's                       
  highway.  I strongly encourage your support for this bill."                  
                                                                               
  REPRESENTATIVE MULDER moved that the committee adopt the CS                  
  for HB 367.                                                                  
                                                                               
  Number 525                                                                   
                                                                               
  REPRESENTATIVE VEZEY expressed concern over someone being                    
  imprisoned if they violated this bill, were it law, and                      
  suggested that there be no chance of imprisonment, but that                  
  the fine be between $250.00 and $500.00.                                     
                                                                               
  Number 548                                                                   
                                                                               
  REPRESENTATIVE OLBERG commented that he was not qualified to                 
  respond to that suggestion, but the drafter of his bill was                  
  in attendance.                                                               
                                                                               
  Number 551                                                                   
                                                                               
  REPRESENTATIVE HUDSON expressed concern over the possibility                 
  of imprisonment for noncompliance of this bill, if law,                      
  adding that imprisonment would be unreasonable.  He added                    
  that an amendment of the dollar amounts of fines would be                    
  different.                                                                   
                                                                               
  Number 558                                                                   
                                                                               
  REPRESENTATIVE OLBERG expressed his amenability to changing                  
  amounts of fines, and agreed that jail time seemed                           
  excessive.                                                                   
                                                                               
  Number 560                                                                   
                                                                               
  JERRY LUCKHAUPT identified himself as being with Legislative                 
  Affairs Legal Services.  He noted that no jail time is                       
  available for a violation of the Outdoor Advertising Act;                    
  jail time provisions were exempted from violations of the                    
  Outdoor Advertising Act.                                                     
                                                                               
  Number 588                                                                   
                                                                               
  REPRESENTATIVE VEZEY insisted that the penalty provision be                  
  amended, since it hadn't been for 15 years.                                  
                                                                               
  Number 590                                                                   
                                                                               
  MR. LUCKHAUPT concurred with Representative Vezey.                           
                                                                               
  Number 597                                                                   
                                                                               
  REPRESENTATIVE VEZEY requested that the committee ask Mr.                    
  Luckhaupt to prepare a section amending the penalty clause,                  
  that it not be a misdemeanor, just a fine, a minimum $250.00                 
  and maximum $2500.00.                                                        
                                                                               
  Number 602                                                                   
                                                                               
  MR. LUCKHAUPT responded that such an amendment would be easy                 
  to do.                                                                       
                                                                               
  Number 611                                                                   
                                                                               
  REPRESENTATIVE MULDER commented to Representative Olberg                     
  that administration of this bill would be a nightmare in a                   
  municipality like Anchorage, and asked if this bill would                    
  apply within municipalities.                                                 
                                                                               
  MR. LUCKHAUPT responded that municipalities can enact laws                   
  which are more restrictive, with the exception of 6A.                        
                                                                               
  Number 631                                                                   
                                                                               
  REPRESENTATIVE MULDER commented that Muldoon doesn't need                    
  any more signs, and in fact, they're trying to get rid of                    
  some of the ugly ones they already have.                                     
                                                                               
  TAPE 94-7, SIDE B                                                            
  Number 005                                                                   
                                                                               
  REPRESENTATIVE VEZEY made several comments to the effect                     
  that he had concerns about language to allow the department                  
  to force that the signs be maintained, but wondered aloud if                 
  the department's air space permit already addressed that.                    
                                                                               
  Number 025                                                                   
                                                                               
  REPRESENTATIVE HUDSON commented on the varieties of                          
  applications of penalties within the statute, and expressed                  
  the need, in the future, of going through and trying to                      
  establish some uniformity.                                                   
                                                                               
  Number 057                                                                   
                                                                               
  MR. LUCKHAUPT agreed that there should be other corrections                  
  made.                                                                        
                                                                               
  Number 089                                                                   
                                                                               
  CHAIR FOSTER expressed the belief that it seemed the only                    
  problems were with the penalty provisions.                                   
                                                                               
  Number 092                                                                   
                                                                               
  REPRESENTATIVE MULDER commented that this bill is consistent                 
  with what was done in the '60s, during the Johnson                           
  administration.                                                              
                                                                               
  Number 113                                                                   
                                                                               
  REPRESENTATIVE VEZEY made a motion that a new section be                     
  added to change the penalty provision to a violation                         
  punishable by a fine of $250.00 to $2500.00.                                 
                                                                               
  Number 120                                                                   
                                                                               
  REPRESENTATIVE OLBERG expressed his amenability to the                       
  amendment proposed by Representative Vezey.                                  
                                                                               
  Number 125                                                                   
                                                                               
  REPRESENTATIVE HUDSON suggested that the amendment be made a                 
  conceptual amendment, and that Mr. Luckhaupt do the actual                   
  preparation of it.                                                           
                                                                               
  Number 134                                                                   
                                                                               
  REPRESENTATIVE HUDSON moved CSHB 367, as amended by                          
  Transportation, with conceptual amendments, to the next                      
  committee of referral.                                                       
                                                                               
  Number 136                                                                   
                                                                               
  CHAIR FOSTER asked if there were any objections.  There were                 
  none, and he declared CSHB 367 to be moved out of the House                  
  Transportation Committee.                                                    
                                                                               
  Number 138                                                                   
                                                                               
  CHAIR FOSTER adjourned the meeting at 6:02 p.m.                              

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