Legislature(2003 - 2004)
04/24/2003 01:37 PM Senate TRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HB 127-ROADSIDE MEMORIALS
RYAN COLGAN, staff to Representative Jim Whitaker, introduced HB
127. He explained the genesis of the bill was a public notice of
regulation change issued by the Department of Transportation and
Public Facilities (DOTPF) to address their perception that:
· Road sign memorials were in conflict with the outdoor
advertising statutes
· The state might lose federal highway funds if memorials
were placed in highway rights-of-way - although West
Virginia has a memorial program and has not lost funding.
HB 127 exempts personal roadside memorials from the outdoor
advertising statutes and restricts them to those that are safe
and that don't interfere with the right-of-way. The person
placing the memorial must post contact information on the
memorial and provide that information to the department along
with the location of the memorial. If DOTPF asks that the
memorial be changed or moved, the contact person would be
required to do so at no cost to the state. If a memorial doesn't
meet the requirements set forth in HB 127, they may be
considered an illegal encroachment and treated as such.
SENATOR GEORGIANNA LINCOLN expressed support for the bill, but
was concerned about limiting the program to those who had died
in a traffic accident as set forth on page 1, line 8. She was
aware of and didn't want to exclude memorials to people that
have died on roadways, but not as a result of a traffic
accident.
MR. COLGAN said he didn't know whether that had been considered.
He acknowledged there are different types of memorials in
rights-of-way that were erected for a variety of reasons and
that people use them as a way to grieve the loss of someone.
SENATOR DONNY OLSON noted there are federal highway funds and
federal funds and asked whether other states have been exempt
from both types of funding cuts.
MR. COLGAN advised they aren't exemptions. The federal
government simply hasn't withheld federal highway funding from
the state with a roadside memorial program. The concern arises
as a result of the Highway Beautification Act that allows the
federal government to withhold federal highway funds if there is
an encroachment on the right-of-way.
CHAIR COWDERY stated the Highway Beautification Program resulted
from Lady Bird Johnson's efforts to reduce the number and size
of billboards erected along highways.
SENATOR LINCOLN asked if the sponsor would consider deleting "in
a traffic accident" from page 1, line 8 because it wouldn't
detract from the intent of the bill, but would allow others to
be included. She cited an incident where a man's family erected
a roadside memorial after he was shot and killed at an
intersection on a Fairbanks highway. Current wording would
exclude that memorial.
MR. COLGAN replied he hadn't discussed that with the sponsor,
but was aware of the circumstance.
SENATOR GENE THERRIAULT said he wasn't sure he would support
broadening the language.
SENATOR LINCOLN advised she would present an amendment for
consideration to delete, "in a traffic accident" and didn't
believe doing so would be too inclusive.
SENATOR THERRIAULT pointed out that anyone killed in the general
vicinity could be included if that language were deleted.
CHAIR COWDERY agreed that broadening the language too much had
adverse implications.
SENATOR THOMAS WAGONER opined cemeteries are the place for
memorials. This is an emotional issue to which he is
sympathetic, but he is not in favor of roadside memorials.
SENATOR LINCOLN said she was appreciative of the concern and she
would try to develop language that would not be unreasonably
inclusive.
SENATOR THERRIAULT noted they should always be aware of the law
of unintended consequences.
SENATOR LINCOLN agreed.
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. She and her family have erected a memorial on the Old
Steese Highway that is very personal to them and represents the
essence of Heather's life. A DOTPF sign could never adequately
express those personal sentiments. Roadside memorials let people
know that a loved one is remembered and their passing is
noticed. She received a letter from the Lady Bird Johnson's
staff stating that the highway beautification program was never
intended to become an issue to grieving families. Junkyards and
billboards should not be compared to and considered with
roadside memorials.
2:00 p.m.
SENATOR THERRIAULT advised Ms. Dowdy that activity that is
conducted on private property, such as the junkyard she
mentioned, is different than the issue of memorials placed in
the road right-of-way.
SANDY GILESPIE said she was Heather's sister-in-law. She read a
statement supporting HB 127 and specifically noted a number of
memorials in the Anchorage and Fairbanks areas.
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 to help in their healing
process. Roadside memorials remind people that driving
fatalities are personal and they have anecdotal evidence that
Heather's memorial has changed at least one person's drinking
and driving behavior. They are sure the standard DOTPF sign
would not have the same affect.
2:10 p.m.
SENATOR OLSON asked how DOTPF stood on the issue.
JOHN MACKINNON, Deputy Commissioner of the Department of
Transportation and Public Facilities, stated the department
worked with the sponsor and they did not oppose the bill.
SENATOR THERRIAULT asked the sponsor to comment on changing
language on page 1, line 8 to read "as a result of a traffic
accident" rather than "in a traffic accident" because a person
might die on the way to the hospital of in the hospital.
MR. COLGAN stated the sponsor would likely support that
amendment.
SENATOR THERRIAULT made a motion to adopt a conceptual amendment
to make it clear that the memorials were for individuals who
died as a result of a traffic accident.
Conceptual amendment 1 was adopted with no objection.
SENATOR LINCOLN said she would work with legislative legal to
expand the scope somewhat, but didn't object to the bill moving
to the next committee.
She made a motion to move CSHB 127(STA) as conceptually amended
[SCS CSHB 127(TRA)] from committee with individual
recommendations. There being no objection, it was so ordered.
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