Legislature(1993 - 1994)
02/15/1994 03:42 PM Senate TRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE TRANSPORTATION COMMITTEE
February 15, 1994
3:42 p.m.
MEMBERS PRESENT
Senator Bert Sharp, Chair
Senator Randy Phillips, Vice Chair
Senator Tim Kelly
Senator Jay Kerttula
MEMBERS ABSENT
Senator Georgianna Lincoln
COMMITTEE CALENDAR
SENATE BILL NO. 157
"An Act relating to the control of outdoor advertising."
PREVIOUS SENATE COMMITTEE ACTION
SB 157 - See Transportation minutes dated 3/23/93, 3/30/93,
and 2/10/94.
WITNESS REGISTER
David Skidmore
Aide to Senator Frank
State Capitol, Juneau, AK 99801-1182¶465-3709
POSITION STATEMENT: prime sponsor of SB 157
Senator Steve Frank
State Capitol, Juneau, AK 99801-1182¶465-3709
POSITION STATEMENT: prime sponsor of SB 157
Jeffrey C. Ottesen, Chief
Right-of-Way & Environment
Division of Engineering & Operations Standards
Department of Transportation & Public Facilities
3132 Channel Drive, Juneau, AK 99801-7898¶465-2951
POSITION STATEMENT: in favor of SB 157
ACTION NARRATIVE
TAPE 94-5, SIDE A
Number 001
CHAIRMAN SHARP calls the Senate Transportation Committee meeting to
order at 3:42 p.m.
Number 005
CHAIRMAN SHARP brings up SB 157 (PROHIBITED HIGHWAY ADVERTISING) as
the only order of business before the committee today. The
chairman calls the first witness.
Number 024
DAVID SKIDMORE, Aide to Senator Frank, begins to brief the
committee on the changes to SB 157. (Senator Frank arrives shortly
and takes over the briefing.)
Number 037
SENATOR FRANK says SB 157 will allow businesses to put up
directional signs for tourists. State highway sign laws are more
restrictive than federal law, and SB 157 would make more allowances
for highway signs in state law than are currently there. Under
federal law, signs are allowed in areas that are zoned commercial
or industrial, but they are not allowed under state law. The
committee had some legitimate concerns about a possible
proliferation of signs under SB 157, so we tried to limit the focus
of the bill. The limitations that were added to the proposed
committee substitute restrict signs to within 50 miles of the
business, and signs are limited in size to eight by twelve feet.
The bill also puts in statute two programs that the Department of
Transportation & Public Facilities (DOT) currently has in policy so
that those programs will continue in the future. Those programs
are the Airspace Leasing Program, which allows businesses to lease
space in right-of-ways between the business and the highway, and
the Tourist Orientational Directional Signs (TODS) Program. TODS
is a good program, but it is only available for rural areas.
Number 091
SENATOR RANDY PHILLIPS asks what is considered a rural area under
the TODS program.
Number 092
SENATOR FRANK thinks it is related to whether or not an area is
within a mass transit designation, such as AMATS or FMATS. Mr.
Skidmore confirms that definition.
Number 112
SENATOR RANDY PHILLIPS ask Senator Frank if the problem addressed
by SB 157 is an ongoing problem.
Number 114
SENATOR FRANK replies it is an ongoing problem. One thing intended
by the bill is to cause sign laws to be enforced and administered
equally throughout the state.
Number 125
CHAIRMAN SHARP notes that Jeff Ottesen of DOT is available on
teleconference to answer any questions.
Number 128
SENATOR KERTTULA asks why SB 157 does not address political
signage.
Number 141
SENATOR FRANK states he personally agrees with Senator Kerttula
that if a person owns property, that person should be able to put
up a sign of any type, with probably no exceptions. Senator Frank
comments he thinks it is a matter of a right to free speech, not a
right to free speech unless you're within 660 feet of a federally
funded highway. Senator Frank would hope SB 157 wouldn't take on
a different connotation and a lot of opposition if it were to be
broad enough to allow political signage.
Number 154
SENATOR KERTTULA states there probably is the right of private
property if a sign is posted on private property. He is not sure
the government doesn't run in to some severe problems if signs are
posted on private property.
Number 163
SENATOR RANDY PHILLIPS asks Jeff Ottesen if he would like to
testify.
Number 167
JEFFREY OTTESEN, DOT, Chief of Rights-of-Way, states Senator
Frank's description of SB 157 is very accurate. The bill relaxes
state law and basically makes it parallel to the federal law. The
bill would allow for signs in locations that federal law also
allows signs. Those locations would primarily be in areas zoned
commercial or industrial; or in areas of the state where there is
no zoning, signs would be allowed in areas that have the
characteristic of commercial or industrial land use.
Number 182
SENATOR KELLY asks Mr. Ottesen if DOT supports SB 157. Mr. Ottesen
responds that DOT does support SB 157.
Number 200
SENATOR KERTTULA comments on political signage and says he thinks
it is a trespass of private property to make a person take down a
sign on their property. Rights-of-ways are a concern of his,
because private property is taken for that purpose.
Number 212
SENATOR FRANK notes that SB 157 would only authorize signs in areas
that are zoned commercial or industrial, or have commercial or
industrial characteristics, if the area is unzoned.
Number 215
SENATOR KELLY states the draft committee substitute is more
acceptable to him than the original bill. His only concern is
allowing signs 50 miles from the business. That distance seems a
little far to him.
Number 220
SENATOR KERTTULA comments that a 50 mile distance is only about a
thirty-five minute drive.
Number 223
SENATOR FRANK says the reason the maximum distance specified is 50
miles, is the travelling public generally wants to know of a
location's existence approximately 50 miles ahead of the location.
So allowing signs 50 miles from the business is for the convenience
of the travelling public.
Number 229
SENATOR RANDY PHILLIPS comments it makes sense to him to allow
signs 50 miles from the business location.
Number 234
SENATOR FRANK says there is a limitation of four total signs per
business, in order to lessen the probability of a proliferation of
signs.
Number 236
CHAIRMAN SHARP asks if a committee member will move the adoption of
the committee substitute for SB 157.
Number 237
SENATOR RANDY PHILLIPS moves the adoption of CSSB 157(TRA).
Number 239
CHAIRMAN SHARP, hearing no objections, notes that CSSB 157(TRA) has
been adopted in lieu of the original bill.
Number 242
SENATOR KELLY comments he can see signage abuses and sign wars
between businesses coming as a result of SB 157.
Number 248
SENATOR KERTTULA makes a motion to move CSSB 157(TRA) from the
Senate Transportation Committee with individual recommendations.
Number 250
CHAIRMAN SHARP, hearing no objection, orders CSSB 157(TRA) released
from committee with individual recommendations.
Number 277
CHAIRMAN SHARP adjourns the Senate Transportation Committee meeting
at 3:56 p.m.
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