Legislature(1995 - 1996)
04/10/1995 01:40 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
April 10, 1995
1:40 p.m.
MEMBERS PRESENT
Representative Gary Davis, Chairman
Representative Beverly Masek, Vice Chair
Representative Jerry Sanders
Representative Bill Williams
Representative Tom Brice
Representative Jeannette James
MEMBERS ABSENT
Representative Eileen MacLean
COMMITTEE CALENDAR
* HB 287: "An Act relating to outdoor advertising on trash
receptacles and restrictions on outdoor advertising."
PASSED OUT OF COMMITTEE
* HB 277: "An Act relating to issuance of instruction permits to
operate a snowmobile."
HEARD AND HELD
(* First public hearing)
WITNESS REGISTER
REPRESENTATIVE NORMAN ROKEBERG
Alaska State Legislature
State Capitol, Room 110
Juneau, Alaska 99801
Telephone: (907) 465-4968
POSITION STATEMENT: Prime sponsor of HB 287
RACE JONES, President
CanAd
P.O. Box 111725
Anchorage, Alaska 99511
Telephone: (907) 522-4328
POSITION STATEMENT: Supports HB 287
REPRESENTATIVE GENE KUBINA
Alaska State Legislature
State Capitol, Room 406
Juneau, Alaska 99801
Telephone: (907) 465-4859
POSITION STATEMENT: Prime sponsor of HB 277
MEGAN BUCK, Student
P. O. Box 1486
Valdez, Alaska 99686
Telephone: (907) 835-5663
POSITION STATEMENT: Opposed HB 277
BRADY STREET, Student
P.O. Box 212
Valdez, Alaska 99686
Telephone: (907) 835-5000
POSITION STATEMENT: Opposed HB 277
RYAN MORGAN, Student
P.O. Box 924
Valdez, Alaska 99686
Telephone: (907) 835-2457
POSITION STATEMENT: Opposed HB 277
DEAN BIALIK
P.O. Box 1020
Delta Junction, Alaska 99737
Telephone: (907) 895-4606
POSITION STATEMENT: Opposed HB 277
BERNARD GOODNO
P.O. Box 92
Delta Junction, Alaska 99737
Telephone: (907) 895-4000
POSITION STATEMENT: Opposed HB 277
JUANITA HENSLEY, Chief of Driver Services
Division of Motor Vehicles
Department of Public Safety
P.O. Box 20020
Juneau, Alaska 99811-0020
Telephone: (907) 465-4361
POSITION STATEMENT: Provided technical information for HB 277
JERRY JERNIGAN, Owner
Tok Recreational Vehicle Village; and
Member, Tok Chamber of Commerce
P.O. Box 741
Tok, Alaska 99780
Telephone: (907) 883-5877
POSITION STATEMENT: Testified on HB 277
PREVIOUS ACTION
BILL: HB 287
SHORT TITLE: OUTDOOR ADVERTISING
SPONSOR(S): REPRESENTATIVE(S) ROKEBERG BY REQUEST
JRN-DATE JRN-PG ACTION
03/29/95 978 (H) READ THE FIRST TIME - REFERRAL(S)
03/29/95 979 (H) TRANSPORTATION
04/07/95 (H) TRA AT 01:00 PM CAPITOL 17
04/10/95 (H) TRA AT 01:00 PM CAPITOL 17
BILL: HB 277
SHORT TITLE: PERMITS FOR DRIVING SNOWMOBILES
SPONSOR(S): REPRESENTATIVE(S) KUBINA
JRN-DATE JRN-PG ACTION
03/24/95 895 (H) READ THE FIRST TIME - REFERRAL(S)
03/24/95 896 (H) TRANSPORTATION, FINANCE
04/10/95 (H) TRA AT 01:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 95-15, SIDE A
Number 000
The House Transportation Committee was called to order by Chairman
Gary Davis at 1:40 p.m. Members present at the call to order were
Representatives Davis, Williams, Sanders, Brice, James and Masek.
Members absent were Representatives MacLean.
CHAIRMAN GARY DAVIS announced the agenda was to hear testimony on
HB 287 and HB 277 in that order. He asked Representative Rokeberg
to present HB 287.
HB 287 - OUTDOOR ADVERTISING
Number 012
REPRESENTATIVE NORMAN ROKEBERG, prime sponsor of HB 287, presented
the committee with a color photograph depicting the actual
configuration of the suggested trash receptacle. He said Mr. Race
Jones will give testimony on this concept. He explained HB 287
passed both Houses last year but was vetoed by the Governor. HB
287 is a positive small business economic development bill that
allows for the beautification and cleanup of areas. He indicated
the bill package contained a letter from the previous Commissioner
of the Department of Transportation & Public Facilities (DOT/PF)
indicating because both Alaska Statute 19.25.110 and Alaska
Administrative Code 20.010 only allow advertising on bus benches
and bus shelters, the department does not have the authority to
approve this request. Representative Rokeberg indicated there were
other supporting letters from Assembly members from the
municipality of Anchorage and Mayor Mystrom supporting this concept
which already exists in Anchorage. He indicated HB 287 has a zero
fiscal note, or, may even have a positive one if the Department of
Transportation adopts a permitting fee, which is also in place in
Anchorage. He asked for the Committee's support and said he was
available for questions.
Number 067
CHAIRMAN DAVIS announced Mr. Race Jones, who is scheduled to
testify via teleconference from Anchorage.
RACE JONES, President of CanAd, a company he formulated back in
1990, designed the trash receptacles to enhance the beautification
of the city of Anchorage as well as for the benefit of other areas.
He stated this was for other companies to benefit from and not just
his. He explained the receptacles have a 40 to 50 gallon capacity
and are fabricated locally. He fabricated, installed and
maintained the receptacles. Mr. Jones said the receptacles are
maintained through cooperation with the business communities. A
business sponsors a particular receptacle and for their sponsorship
they receive four 18" by 18" signs for all sides of the receptacle.
He explained his company or others would be responsible for
maintaining the integrity of their own receptacle. He noted it
cost the city of Anchorage approximately $30,000 a year to maintain
their litter pick-up in the downtown business district. Once his
program is up to speed it would save the municipality approximately
$30,000 which could be allotted to other areas. He stated over a
ten year period this could save the city quit a bit of money.
MR. JONES also indicated other benefits to the state which are
better control of litter on the streets as well as to improve
roadside areas, and possibly reducing maintenance on some of the
street cleaning machinery through less litter the machine has to
process. He stated he intends to promote this program by placing
these receptacles on public right-of-ways. Mr. Jones intended to
conduct a public education program through the media regarding the
use and importance of these receptacles. He communicated with Mr.
John Horn, Regional Director for the Central Region of the DOT/PF,
throughout the process. Mr. Horn also suggested the possibility of
an amendment from the DOT/PF for allowing the city to enact permits
on the particular state right-of-ways if HB 287 was enacted.
MR. JONES suggested this program would benefit rural Alaska as far
as employment and stimulate more small businesses. He stated he
did not intend to operate this program solely on his own. He
explained that being an entrepreneur, he was interested in a
percentage of the market but his interest as a Native Alaskan was
to benefit Alaskans and the state.
Number 184
REPRESENTATIVE ROKEBERG asked why Mr. Jones had the word "adjacent"
trash receptacle added.
MR. JONES explained "adjacent" trash receptacles would include
areas near bus shelters and benches. He suggested amending the
word "adjacent" due to the fact this was somewhat restricting to
the purpose of these trash receptacles. This would allow the
DOT/PF to regulate the permit issuance upon the applications, so if
they felt that the receptacles would not hinder handicap access
areas and not hindering sight of vision as far as traffic, then
they would accept the permit so it is not restricted to bus stops
and bus shelters. He noted the importance of placing these
receptacles in high traffic areas. In order for the program to be
effective, these trash receptacles need to be around intersections,
foot paths, bicycle paths and other accessible areas.
REPRESENTATIVE ROKEBERG asked if the word "adjacent" was deleted,
would this provide a greater ability to use these receptacles on
state right-of-ways.
MR. JONES said yes, and referred to an article where the new
Commissioner of the DOT/PF stated that with the decrease in state
revenues, it becomes more imperative to find ways to deal with
private enterprises, and this would be one of those innovative
ways. He reiterated his support for the removal of the word
"adjacent" which would be left to the Commissioner of the DOT/PF in
that particular area to decide whether or not the permit would be
applicable.
Number 214
CHAIRMAN DAVIS expressed concern for eliminating the word
"adjacent" and being able to place any container alongside the road
and calling it a trash receptacle. He explained there should be
some adjustment to the wording of "adjacent" and suggested the
wording "and those acceptable trash receptacles." He stated HB 287
"was a relatively simple bill and has only the House Transportation
Committee as a referral. If the committee keeps this in mind, it
would be his wish to keep that concern in mind when and if the bill
gets to the floor since it would be a minor amendment.
REPRESENTATIVE TOM BRICE expressed concern for waiting until HB 287
is heard on the floor to amend it.
MR. JONES interjected that he agreed with the wording "trash
receptacle." He explained one of the reasons he wanted to
elaborate on this concept was the design in itself is part of the
integrity. He noted he did not want just any 55-gallon drum placed
along the roadsides of Alaska. He stated "presentation is 75
percent of your sale." He agreed there has to be some sort of
control regarding the design and placement of the receptacles.
CHAIRMAN DAVIS stated it was his impression that HB 287 is drafted
specifically to accommodate the cities of Anchorage and Fairbanks.
There are other areas that do not have bus shelters or benches that
these receptacles would be required to be adjacent to, as indicated
in this bill. With the removal of the word "adjacent" and some
additional language, this would allow other areas of the state to
incorporate this project.
Number 267
REPRESENTATIVE BRICE expressed concern for the criteria already
established regarding bus benches and shelters, and the building
standards they are required to conform to before they are erected.
He asked about a similar process of standards with the application
of the trash receptacles.
CHAIRMAN DAVIS stated he shared Representative Brice's concern with
reference to waiting until this is heard on the floor, and he will
do some further research on this and possibly draft some proposed
amendments.
REPRESENTATIVE JERRY SANDERS expressed concern for the type of
advertisements that could be displayed on these trash receptacles
and the rules that govern what can and can't be advertised.
REPRESENTATIVE ROKEBERG stated it was his understanding that the
ordinances of the prevailing municipality regarding the material
for public display would be in order, contrary to any other state
regulations or law. Therefore, the local municipality could
address their first amendment rights with respect to that specific
area, such as what is in practice in the municipality of Anchorage.
CHAIRMAN DAVIS indicated this would be a state law and the DOT/PF
guidelines would also apply within the state right-of-way areas
outside the organized municipalities.
MR. JONES said the restrictions on the receptacles would be under
the municipal codes that would effectively have control over the
signs. He referenced what is currently being displayed on the bus
shelters and said the ordinance was not amended through the
municipality of Anchorage last week in regard to the political
advertising on the local municipal buses, but it does state the
applicability of municipal enactments...they may enact ordinances
that regulate outdoor advertising in a way that is more restrictive
than the provisions of the state. He indicated he had spoken to
the Mayor's office and the Public Works Department regarding this.
He explained the Public Works Department has the ability to pull
his permit from a given area if the advertising is offensive or if
the receptacle endangers the public in any way. He explained it
would be "suicide" for his business to advertise in any way that
would be offensive to the public.
CHAIRMAN DAVIS asked for further discussion. Then asked what the
will of the Committee was.
REPRESENTATIVE BEVERLY MASEK made a motion to move HB 287 out of
the House Transportation Committee with individual recommendations
and a zero fiscal note.
Number 357
CHAIRMAN DAVIS asked if there was any objection. Hearing none, HB
287 is moved out of the committee.
HB 277 - PERMITS FOR DRIVING SNOWMOBILES
CHAIRMAN DAVIS introduced Representative Gene Kubina, prime sponsor
of HB 277.
REPRESENTATIVE GENE KUBINA stated HB 277 would help to clarify the
existing law regarding the issue of permits for snowmobiles. He
noted this issue came up in Valdez where there are a number of
people that operate their snowmobiles on town roads. He indicated
there were numerous trails for snowmobiles directly off the roads
and people with only a learner's permit were operating snowmobiles.
This was brought to the attention of the city council as to whether
or not this was legal. The consensus of the meeting was that it
might only be legal if a person under 19 had someone 19 years of
age or older, with a driver's license on the snowmobile with them.
HB 277 was designed to clarify that people with learner permits
could ride on municipal streets with a municipal ordinance.
Representative Kubina indicated he received a letter about an hour
ago from the Department of Public Safety stating the intent of HB
277 would not be necessary, and the law already allows it. He said
his intent would then be, to take this and another letter regarding
this issue to the Attorney General's office for confirmation of the
fact his intent with this bill was already covered in an existing
law. If it is law, he would not want to duplicate this
information.
CHAIRMAN DAVIS asked if there were any questions from the committee
and announced there were people on line waiting to testify from
Valdez and Delta Junction. He asked for testimony from Valdez.
Number 381
MEGAN BUCK, High School Student from Valdez, stated people 19 years
or over should not have to accompany the younger operators of the
snowmobiles, who have just a permit. She opposed Section 2,
regarding the drivers education program and stated it should be a
snowmobile education class.
BRADY STREET, High School Student from Valdez, indicated he had the
same concerns as Ms. Buck. He expressed concern for the fact most
snowmobiles are not designed for a second person. He stated he
would support a snowmobile education class.
RYAN MORGAN, High School Student from Valdez, questioned the
relevancy of a drivers education class instead of a snowmobile
education class.
CHAIRMAN DAVIS stated he would now take testimony from persons in
Delta Junction.
Number 407
DEAN BIALIK from Delta Junction, stated he did not see a need for
the requirement for a permit. He stated there were city
regulations already in place regarding the operation of snowmobiles
in and around cities.
CHAIRMAN DAVIS suggested that the people on teleconference remain
on-line until the Division of Motor Vehicles presents information
regarding these issues.
BERNARD GOODNO from Delta Junction opposed HB 277 on the grounds
the state has covered this issue enough and felt there were enough
regulations on this issue.
Number 421
JUANITA HENSLEY, Chief of Driver Services, Division of Motor
Vehicles (DMV), Department of Public Safety, said the department
has viewed this issue for several years. The DMV's definition for
a snowmobile fall under the definition of a motor vehicle. Anyone
operating or exercising their privilege to drive in Alaska is
required to have, in their possession, a valid driver's license,
and in this case, a valid permit. A license under the definition
covered by the DMV laws includes a permit to drive. However, this
does not authorize the person to operate it on state highways. It
gives the municipalities the option of allowing and passing
ordinances for the operation of snowmobiles on city streets. She
indicated operating snowmobiles on state highways could create
serious problems and this was one of the things they would like to
have restricted. If a municipality so chooses, the current
regulations and statutes cover municipality for doing this. The
issue of a "child" operating a snowmobile on streets or a highway
or other vehicular-way area, is also covered in regulations. It
says that a parent may not permit a child to operate a snowmobile
on roadways. It was her belief there has been a number of
fatalities in the state as a result of snowmobile accidents, she
added the societal cost is astronomical dealing with off-road
vehicle accidents. She noted she did not have statistical
information on the fatalities. She felt there was sufficient law
and the laws do cover the operation, and they're subject to the
same rules of the road as anyone else, even through they are
operating in a municipality.
CHAIRMAN DAVIS asked for clarification on the legality of operating
a snowmobile within a state right-of-way if a person has a driver's
license or is on a permit basis, then they must be accompanied by
a person 19 years of age or older.
MS. HENSLEY indicated there are regulations that control where the
snowmobile may be operated on state highways in Alaska. They are
not allowed directly on highways. The laws are restricted enough
in that if a person has only an instruction permit and is under the
age of 16, that person is required to have a licensed driver who is
at least 19 years of age, and has been licensed for one year.
CHAIRMAN DAVIS said it is within the roadway system as opposed to
the right-of-way that the laws provide for.
MS. HENSLEY stated "vehicular-way or area is still covered under
the driver licensing laws in the state as far as what can be
operated in those vehicular-way areas. The right-of-way covers the
vehicular-way areas by definition in the law."
Number 472
REPRESENTATIVE KUBINA asked if persons requiring accompaniment on
a snowmobile, must have someone riding on the same machine, or can
they ride along side on a separate machine, as is the case with a
motorcycle.
MS. HENSLEY explained if the snowmobile was intended to carry two
passengers, the licensed driver would be required to ride on that
machine. If the machine was designed to carry only one passenger,
then someone would be required to ride along side on a separate
snowmobile.
Number 489
REPRESENTATIVE KUBINA stated his intent was to make allowances for
some leniency to the existing statute. He explained it would be
acceptable for the parents to ride on one snowmobile and the child
on another, which is what happens in most cases. He acknowledged
that a person may cross a highway but not ride directly on the
highway. It was his understanding that they are allowed by
municipal code to operate on municipal roads.
MS. HENSLEY said this was correct.
REPRESENTATIVE KUBINA remarked he would like to see a change in the
section requiring a licensed driver be required to accompany
someone who is under 19.
CHAIRMAN DAVIS said that would involve providing for the definition
of "accompanied." He noted currently in statute it states a person
must be accompanied by someone 19 years of age or older. He said
it was his understanding this implied the licensed driver must be
riding on the same snowmobile.
MS. HENSLEY asked Representative Kubina if he would then rather see
no adult supervision, if for example a 14-year-old is operating a
snowmobile?
REPRESENTATIVE KUBINA said no, not on the same snowmobile. He
agreed that the wording "accompanied" could possibly imply riding
along side on a separate snowmobile. He questioned whether the law
already allows for this. He indicated Ms. Hensley seems to imply
it does not.
MS. HENSLEY said she would say no, if that machine was designed for
one person.
REPRESENTATIVE KUBINA interjected and said this bill would then be
applicable for only a two-passenger snowmobile.
Number 493
REPRESENTATIVE JEANNETTE JAMES stated she could not compare a
snowmobile to a motorcycle. She noted snowmobiles do not contain
brakes. She questioned the benefit of a person riding along side
someone and indicated the person on the other machine would have
limited control over the person not licensed to operate a
snowmobile by themselves.
CHAIRMAN DAVIS stated for the record that Representative James
arrived at 2:00 p.m. He then commented to Ms. Hensley that most of
these municipalities in Alaska have state right-of-ways and state
highways that pass right through them. He remarked most municipal
officials realize this. However, a lot of residents are not aware
of the distinction between a city street and a state right-of-way.
He explained within Soldotna city limits it is illegal to run a
dirt bike, motorcycle or four wheeler within the city limits. He
added this was one of the best laws regarding this issue to be
placed on the books. He acknowledged that this may not be
practical for areas where it could be seen as a necessity to own a
snowmobile or all terrain vehicle (ATV) in such places as Delta
Junction, where there is more open land. To visit a neighbor a
person may have to travel a mile or more.
Number 525
MS. HENSLEY explained on one hand we are looking at trying to get
laws that will train a youthful driver to develop good driving
skills that they may use throughout their life. This was the
purpose of having a three-stage licensing system. She expressed
concern for the allowance of operating a snowmobile along side
other vehicular traffic.
CHAIRMAN DAVIS said there was one more person to testify via
teleconference from Tok.
JERRY JERNIGAN, Owner of Tok Recreational Vehicle Village; and
Member, Tok Chamber of Commerce, felt that HB 277 will probably not
stand due to lack of requirement. He hopes that the committee will
be involved in future regulations regarding this issue. He opposed
being regulated too strongly. He stated his intentions will be to
contact the Alaska State Snow Machine Association and recommend
they have extensive input regarding this issue. He stated he was
not sure if the association was aware of this particular bill. He
believed the use of a snowmobile was a way of life for some
Alaskans, particularly in rural areas. He said he was not aware of
existing laws restricting the areas in which snowmobiles could be
used. He stated what he was hearing from today's testimonies was
that it is illegal, however, we may not want to enforce this issue
in the rural communities, but it will be enforced in the
municipalities and the more concentrated population areas of the
state. He said he had a problem with this inconsistency of a law.
Number 552
CHAIRMAN DAVIS remarked one thing we learn in Juneau quickly is we
do not assume anything. HB 277 is probably not dead and
Representative Kubina has heard all testimony and will draft an
amended version of this bill and bring it back to the House
Transportation Committee at a later date.
MS. HENSLEY indicated that several years ago there was a superior
court decision on a snowmobile and drunk driving issue in the city
of St. Mary's. In that area, the individual filed an appeal with
the superior court stating that they could not take any action
against him for drunk driving because he was operating a
snowmobile. The city of St. Mary's then said they require by
ordinance that all individuals operating a snowmobile on the city
streets of St. Mary's must have a valid driver's license. The
court upheld that decision, stating that because the city had that
ordinance, they upheld that decision that he was drunk driving.
She said if the city of Valdez chooses to allow the operation of
snowmobile on their city streets, then, they can by ordinance,
adopt that they meet Title 28 licensing laws. She indicated the
department does have sufficient laws on the books that will allow
them to do that.
REPRESENTATIVE JAMES stated she did not realize that it was illegal
for young people to be riding snowmobile along roadways. She
agreed with Mr. Jernigan's comment on the fact we should not have
laws that we can turn our heads at. If we are going to look the
other way, then there should be a provision in the law that would
allow for this. She stated in the city of North Pole where she
lives, people freely use snowmobile on all the roads. She said she
was unaware of this being illegal and expressed concern for this
issue.
REPRESENTATIVE KUBINA said the city of Valdez has allowed this
practice to go on for years. He explained most people are
traveling from their homes to the snowmobile areas which are
scattered around the town. The city council felt uncomfortable
when they were talking about winter tourism and how they would
regulate snowmobile usage. The city attorney said it appears we
may be in violation of the law with the operation of snowmobiles.
The city did not want to be in violation of the law, but the police
chief said he was not familiar with the procedures for the
regulating of snowmobile usage; however, now that it is brought to
his attention, it places him in an uncomfortable situation. He
concluded this was the reason this bill was before the committee,
so as not to purposely break the law, but to make an attempt at
giving some flexibility to the municipalities for carrying this out
so it is done in a safe and legal manner.
Number 585
CHAIRMAN DAVIS asked if there were any questions and thanked
Representative Kubina. He announced that Representative Kubina
would present the House Transportation Committee with a revised
version of HB 277.
ADJOURNMENT
There being no further business to come before the House
Transportation Committee. Chairman Davis adjourned the meeting at
2:25 p.m.
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