Legislature(2003 - 2004)

05/01/2003 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ 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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