Legislature(1993 - 1994)
03/01/1994 05:00 PM TRA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.