Legislature(1995 - 1996)
05/08/1995 01:02 PM Senate TRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE TRANSPORTATION
May 8, 1995
1:02 p.m.
MEMBERS PRESENT
Senator Steve Rieger, Chairman
Senator Robin Taylor, Vice Chair
Senator Lyda Green
MEMBERS ABSENT
Senator Al Adams
Senator Georgianna Lincoln
COMMITTEE CALENDAR
HOUSE BILL NO. 287
"An Act relating to outdoor advertising on trash receptacles and
restrictions on outdoor advertising."
PREVIOUS SENATE ACTION
HB 287 - No previous action to record.
WITNESS REGISTER
Shirley Armstrong, Staff
Representative Rokeberg
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Discussed HB 287.
ACTION NARRATIVE
TAPE 95-12, SIDE A
HB 287 OUTDOOR ADVERTISING
Number 002
CHAIRMAN RIEGER called the Senate Transportation meeting to order
at 1:02 p.m. and introduced HB 287 as the only order of business
before the committee.
SHIRLEY ARMSTRONG, staff to Representative Rokeberg, pointed out
that committee packets contain Representative Rokeberg's sponsor
statement. Ms. Armstrong said that Representative Rokeberg
believes HB 287 to be a win-win situation. HB 287 is an
endorsement of small business, economic development as well as a
vote for litter free streets. This legislation would promote
health and welfare while providing a small business opportunity.
A gentleman in Anchorage is currently doing this, but Anchorage has
many state-owned and maintained streets on which this gentleman is
not allowed to advertise on trash receptacles. This gentleman does
have permission to advertise on municipal streets. Ms. Armstrong
noted that HB 287 basically adds a few words in statute;
advertisement would be allowed on trash receptacles adjacent to bus
shelters and benches.
SENATOR TAYLOR asked if there had been in movement towards the
purification of trash receptacles as with gaming in order to
disallow a political candidate from utilizing these receptacles for
advertising. SHIRLEY ARMSTRONG directed the committee to the
statute on permitted advertising in which the Department of
Transportation (DOT) determines these regulations. Ms. Armstrong
doubted that DOT would allow political advertising on these trash
receptacles. HB 287 gives the municipality the ability to regulate
the type of advertising in order to avoid the advertisement of X
rated movies.
SENATOR TAYLOR asked if the venture that Congressman Don Young was
concerned about would be a problem. SHIRLEY ARMSTRONG said that
she hoped not.
Number 068
SENATOR TAYLOR asked if there was a specific pornographic provision
for pornography on trash cans. CHAIRMAN RIEGER said not yet.
SHIRLEY ARMSTRONG said perhaps on side trash cans.
CHAIRMAN RIEGER asked if "adjacent" had been defined. SHIRLEY
ARMSTRONG said that "adjacent" had not been defined. Ms. Armstrong
explained that the words "adjacent trash receptacles" was in last
year's bill regarding billboards which was vetoed by the governor.
Ms. Armstrong indicated that "adjacent trash receptacles" had been
added by Senator Pearce in Senate Transportation last year. The
gentleman that is interested in this legislation has approached
Representative Rokeberg and Senator Pearce's office.
In response to Chairman Rieger, SHIRLEY ARMSTRONG said that the
gentleman that requested this legislation would be interested in
advertising on trash receptacles at bus benches or shelters that
are located outside of Anchorage. The gentleman did not want to
make this legislation only apply to Anchorage. Ms. Armstrong noted
that there had been some discussion regarding the deletion of
"adjacent" in order to allow trash receptacles in a number of
areas. The discussion determined that without the word "adjacent"
there may be similar problems as those under the billboard
legislation of last year.
In response to Senator Taylor, SHIRLEY ARMSTRONG said that
advertising on a dumpster would only be prevented if the criteria
from DOT was set up as such. There are rules for the bus shelters
and benches, so there should be rules for the trash receptacles as
well.
SENATOR TAYLOR inquired as to why trash dumpsters would be
discriminated against since most of the dumpsters are not located
in highly visible areas. CHAIRMAN RIEGER stated that it was equal
protection.
SENATOR TAYLOR understood that under this legislation, someone
owning a dumpster could advertise on that dumpster. SHIRLEY
ARMSTRONG pointed out that the legislation says "and". SENATOR
TAYLOR asked if that meant that the legislation refers only to
garbage cans located next to bus shelters and benches. SHIRLEY
ARMSTRONG replied yes. Ms. Armstrong informed the committee that
Representative Rokeberg would have liked to remove "adjacent", but
that there had not been much support for the removal of that word.
Number 150
SENATOR TAYLOR moved that HB 287 be moved out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
There being no further business before the committee, the meeting
adjourned at 1:10 p.m.
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