Legislature(1997 - 1998)

01/28/1997 01:35 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE TRANSPORTATION COMMITTEE                                
                        January 28, 1997                                       
                           1:35 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Jerry Ward, Chairman                                                  
 Senator Gary Wilken, Vice Chairman                                            
 Senator Lyda Green                                                            
 Senator Rick Halford                                                          
 Senator Georgianna Lincoln                                                    
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present.                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 56                                                            
 "An Act relating to tourist oriented directional signs that are 90            
 inches in width and 18 inches in height, relating to penalties for            
 violations related to outdoor advertising, and annulling a                    
 regulation of the Department of Transportation and Public                     
 Facilities."                                                                  
                                                                               
  - MOVED SB 56 OUT OF COMMITTEE                                               
                                                                               
 SENATE BILL NO. 8                                                             
 "An Act relating to the noise levels of airports and sport shooting           
 facilities."                                                                  
                                                                               
  - MOVED SB 8 OUT OF COMMITTEE                                                
                                                                               
  PREVIOUS SENATE ACTION                                                       
                                                                               
 SB 56 - No previous Senate action to record.                                  
                                                                               
 SB 8 - No previous Senate action to record.                                   
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Janey Weininger, Staff                                                        
 Senator Green                                                                 
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Explained SB 56.                                       
                                                                               
 Boyd Brownfield, Deputy Commissioner                                          
 Department of Transportation & Public Facilities                              
 3132 Channel Drive                                                            
 Juneau, Alaska 99801-7898                                                     
  POSITION STATEMENT:  Administration opposed SB 56 in its current             
                     form.                                                     
                                                                               
 Sam Kito III, Special Assistant                                               
 Department of Transportation & Public Facilities                              
 3132 Channel Drive                                                            
 Juneau, Alaska 99801-7898                                                     
  POSITION STATEMENT:   Discussed the draft report from the task               
                      force.                                                   
                                                                               
 Robert Reges, Assistant Attorney General                                      
 Department of Law                                                             
 PO Box 110300                                                                 
 Juneau, Alaska 99811-0300                                                     
  POSITION STATEMENT:   Discussed the language on page 2, lines 22-24.         
                                                                               
 Kevin Ritchie, Executive Director                                             
 Alaska Municipal League                                                       
 217 Second Street, Suite 200                                                  
 Juneau, Alaska 99801                                                          
  POSITION STATEMENT:   Did not yet have a position on SB 8.                   
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 97-1, SIDE A                                                            
                                                                               
                                                                               
           SB  56 BUSINESS SIGNS/OUTDOOR ADVERTISING                          
                                                                              
 Number 001                                                                    
                                                                               
  CHAIRMAN WARD  called the Senate Transportation Committee meeting to         
 order at 1:35 p.m. and introduced  SB 56  as the first order of               
 business before the committee.                                                
                                                                               
  JANEY WEININGER , Staff to Senator Green, explained that SB 56 would         
 amend Alaska Statute Title 19, allowing certain restricted                    
 exceptions to current outdoor advertising so as to better serve the           
 traveling public and provide increased opportunity for Alaskans and           
 their businesses.  Businesses off the main road would be allowed,             
 under SB 56, to use standardized signs measuring 18"x90" which                
 contained the business' name, directional arrows and symbols.  The            
 program in SB 56 is modeled after an experimental directional                 
 signage program that DOT/PF has been using since 1981.  Although              
 the experimental program has been running without the legal                   
 authority to do so, the program does conform with the Federal                 
 Highway Administration (FHWA) standards as well as the Manual of             
 Uniform Traffic Devices.  The legislation utilizes user-friendly             
 signage while maintaining scenic areas in the state.  Ms. Weininger           
 informed the committee that SB 56 is supported by the Alaska                  
 Campground Owners Association and the Alaska Visitor's Association            
 as well as many other tourist oriented businesses.  Ms. Weininger             
 noted that SB 56 was introduced in the 19th Legislature as SB 181.            
 SB 181 passed the House and Senate overwhelmingly.                            
                                                                               
 Number 064                                                                    
                                                                               
  BOYD BROWNFIELD , Deputy Commissioner of the Department of                   
 Transportation & Public Facilities, informed the committee that the           
 Administration opposed SB 56 in its current form.  The                        
 Administration opposes a change in the statute that would                     
 significantly perpetuate an increase of signage effecting the                 
 scenic beauty of the Alaska highways.  The Administration opposed             
 establishing a category of signs over which the state does not have           
 jurisdiction or control, specifically those on private lands.                 
 Establishing a sign category outside of the state's right-of-way              
 would be difficult to enforce and could create legal and                      
 administrative burdens for the state.                                         
                                                                               
 Mr. Brownfield said that the Administration opposed the reduction             
 of the penalty for an offense relating to an outdoor advertising              
 sign from a misdemeanor to a simple violation.  A simple violation            
 does not have an additive affect as would a misdemeanor.  Due to              
 limited staff, stretches of highway may lie unchecked for sign                
 compliance for three years.  Mr. Brownfield commented that the                
 reduction of the penalty seemed to mean that Alaska's scenic                  
 highways are not of importance.  Furthermore, the reduction of the            
 penalty could allow a sign owner to violate a regulation and view             
 the fine every three or four years as a business expense.                     
                                                                               
 Number 126                                                                    
                                                                               
 Mr. Brownfield pointed out that SB 56 states that directional signs           
 should be established "in a manner consistent with standards                  
 established by the Federal Highway Administration and the Manual of           
 Uniform Traffic Control Devices."  The FHWA's standards allow signs           
 of a maximum size of 650 square feet, with a maximum of 20'x50'.              
 Although, SB 56 does limit the size this merely brings Alaska one             
 step closer to billboards under the FHWA's standards.  In                     
 conclusion, Mr. Brownfield informed the committee that the Governor           
 had directed DOT to establish a committee consisting of members               
 from DOT, DCED, and the tourism industry in order to review signage           
 issues without compromising Alaska's scenery.                                 
                                                                               
  SAM KITO III , Special Assistant in DOT/PF, passed out the draft             
 task force report which outlines several options Alaska has with              
 regards to establishing signage for businesses along the highway              
 system.  As a result of this information, DOT has created a group             
 to review the options for a signage policy as well as creating                
 regulations implementing the policy.  The regulations should be               
 completed around the end of June 1997, but this could change as the           
 process evolves.                                                              
                                                                               
  SENATOR LINCOLN  inquired as to how individuals in rural Alaska who          
 own businesses off the highway would be addressed under this                  
 legislation.   BOYD BROWNFIELD  informed the committee that the               
 possibility of placing signage before a recreational area was being           
 reviewed.                                                                     
                                                                               
 Number 202                                                                    
                                                                               
  SAM KITO III  explained that the signage program being reviewed in           
 the task force would offer more than just the Tourist Oriented                
 Directional Signs (TODS) type.  TODS notifies the traveling public            
 of amenities along the highway.  The task force is reviewing a                
 federal program called LOGO signs as well as the option of placing            
 kiosks outside a community area.  Currently, TODS signs are not               
 allowed in areas with a population greater than 5,000.  With                  
 regards to the rural areas, a service provider can place signs on             
 their own property or apply for a TODS sign.  Mr. Kito acknowledged           
 that the TODS signs are fairly restrictive.  The LOGO signs would             
 allow signs with icons describing a service and the distance to               
 that service.  The regulations encompassing the TODS signs, the               
 LOGO program and the kiosks should address most of concerns of                
 those located on the rural road system.                                       
                                                                               
                                                                               
  BOYD BROWNFIELD  noted that he and his staff had worked with Senator         
 Green last year on this issue in order to develop a mutually                  
 acceptable regulation.  That did not come to fruition, but did                
 impel a more in depth review of what can and cannot be done.                  
                                                                               
 Number 249                                                                    
                                                                               
  SENATOR GREEN  did not believe that the desire was to imprison a             
 person who violates sign regulations.  The violation in the bill              
 allows DOT the same authority with violators of sign regulations.             
 With regards to the task force, many of the constituents who                  
 attended left discouraged due to the lack of knowledge on the part            
 of the task force.  Senator Green emphasized that the size was                
 specified in the title of the bill in order to avoid the                      
 possibility of billboards.  This bill is an extension of the                  
 present practices that are not in code.  This should be in the                
 interest of DOT.                                                              
                                                                               
  BOYD BROWNFIELD  pointed out the following two issues of                     
 disagreement:  placing signs on private property; changing the                
 violation from a misdemeanor to a simple violation.  It is not                
 mandatory that a misdemeanor have a jail sentence.  However, if a             
 person violates statute repeatedly harsher consequences would get             
 their attention.  The problem is that the department does not have            
 the resources to police the offenders.  When policing does occur,             
 once every third year or so, under SB 56 the violator could view              
 the fine as a business expense.  The violator could absorb the fine           
 and build another sign, wait until the next policing occurs in a              
 few years.                                                                    
                                                                               
  SENATOR GREEN  moved to report SB 56 out of committee with                   
 individual recommendations and attached fiscal notes.  Without                
 objection, it was so ordered.                                                 
                                                                               
                                                                               
         SB   8 AIRPORT/SHOOTING FACILITY NOISE LEVELS                        
                                                                              
 Number 309                                                                    
                                                                               
  CHAIRMAN WARD  announced that  SB 8  was the next order of business          
 before the committee.                                                         
                                                                               
  BRETT HUBER , Staff to Senator Halford, noted that the sponsor               
 statement, a zero fiscal note, sectional analysis, and letters of             
 support were included in the committee packet.  SB 8 was introduced           
 in order to protect existing shooting ranges and private airports             
 from nuisance lawsuits based on noise level.  Although this has not           
 yet been a significant problem in Alaska, many sport shooting                 
 ranges and private airports in the Lower 48 have found themselves             
 in such lawsuits.                                                             
                                                                               
 Mr. Huber noted that this issue was addressed in the 19th                     
 Legislature with the passage of SB 274.  SB 274 passed by a wide              
 margin, but was ultimately vetoed.  The National Rifle Association,           
 Alaska Air Carriers Association, the Alaska Outdoor Council, Alaska           
 Boating Association, and the Alaska Airmen's Association have                 
 endorsed SB 8.                                                                
                                                                               
  SENATOR LINCOLN  was interested in Senator Halford's response to the         
 Governor's veto letter from last year.  The letter said that with             
 such legislation the state would usurp a control traditionally                
 belonging to municipal authorities.  Further, the AMU noted in its            
 opposition statement that the state should not restrict the                   
 enforcement of municipal ordinances.  Senator Lincoln expressed               
 support of local control.                                                     
                                                                               
  SENATOR HALFORD  pointed out that the municipal authorities are              
 created by the state and are limited in numerous ways.  With                  
 regards to noise, there is a statewide preemption.  There are many            
 areas in which the state in representing the whole do not allow               
 municipal intervention in the regulatory structure.                           
                                                                               
 Number 352                                                                    
                                                                               
  SENATOR LINCOLN  asked if this was in the municipality's power in            
 this case.   SENATOR HALFORD  explained that two issues are at hand,          
 civil and criminal action by lawsuit, and action by the                       
 municipality itself.  In other jurisdictions, people move into an             
 area with an established facility operating and decide to sue to              
 close the operation.  Senator Halford noted that this does not                
 preclude the municipality's ability for reasons of public safety,             
 zoning, or the other municipal powers to represent its                        
 constituency.  This legislation means that a municipality cannot              
 close a facility existing prior to the action of the municipality             
 or the individual suing merely on the basis of noise.                         
                                                                               
  SENATOR LINCOLN  noted the concern with the hearing process that the         
 general public was not able to participate in the hearings.  The              
 Alaska Municipal League (AML) will be meeting soon on this                    
 legislation.  Senator Lincoln wanted to allow the public to                   
 participate in the hearing process.                                           
                                                                               
  SENATOR HALFORD  expressed shock that Governor Knowles felt the bill         
 last year did not have a sufficient review.  Last year, the bill              
 passed through more than one committee in the Senate and the House            
 and all of the proper notices and readings.  Senator Halford                  
 indicated that this issue was raised by AML at the last minute.               
                                                                               
 Number 391                                                                    
                                                                               
  ROBERT REGES , Assistant Attorney General with the Department of             
 Law, informed the committee that he had tracked this bill last                
 year, but had not yet conferred with his clients on this.  With               
 regards to the municipality still having power to regulate noise              
 and other issues for purposes of public health.  If that was the              
 statement, the Department of Law would suggest an amendment to the            
 language on page 2, lines 22-24.                                              
                                                                               
  SENATOR HALFORD  clarified that he stated that municipalities could          
 regulate for health purposes, public safety, zoning, or all other             
 purposes.  He did not mean to imply that a municipality could                 
 regulate for noise and those other purposes together.                         
                                                                               
  SENATOR LINCOLN  inquired as to Mr. Reges' interpretation of that            
 section in the bill.   ROBERT REGES  interpreted the language on page         
 2, lines 22-24 to prohibit any regulation based on noise whether in           
 whole or part.   SENATOR HALFORD  said that was intended.                     
                                                                               
  SENATOR LINCOLN  asked why that was intended.   SENATOR HALFORD              
 reiterated that this legislation would only apply to a facility               
 that was established before there were any regulations or change of           
 regulations.                                                                  
                                                                               
  SENATOR LINCOLN  asked for an example to illustrate why this                 
 legislation would be necessary.   SENATOR HALFORD  posed the                  
 following scenario.  An influential individual moves into a                   
 community off the end of an airport, they do not like the noise.              
 The individual moves through the process, making contributions,               
 supporting candidates and controlling the assembly in order to get            
 an ordinance to close an airport that existed before the individual           
 resided in that area.                                                         
                                                                               
 Number 437                                                                    
                                                                               
  KEVIN RITCHIE , Executive Director of the Alaska Municipal League            
 (AML), informed the committee that AML's legislative committee                
 would be meeting on this bill.  He offered to work with the                   
 committee and the sponsor on the bill.                                        
                                                                               
  SENATOR HALFORD  inquired as to why AML did not raise any issue with         
 the bill last year after the bill had extensive consideration.                
                                                                               
  KEVIN RITCHIE  agreed that the bill had gone through the process.            
 The bill was not identified as an issue to municipal governments.             
 After the passage of the bill, some municipalities expressed                  
 concern.  Mr. Ritchie stated that AML did not have a position on              
 the bill at this time.                                                        
                                                                               
  SENATOR HALFORD  moved to report SB 8 out of committee with                  
 individual recommendations and attached fiscal notes.                         
                                                                               
  SENATOR LINCOLN  objected.  Due to the fact that AML will be meeting         
 on the bill as well as the fact that the bill only goes to Senate             
 Resources after this, perhaps the bill could be held in order to              
 hear from AML.                                                                
                                                                               
  CHAIRMAN WARD  requested that a roll call vote be taken.  Upon a             
 roll call vote, Senators Ward, Wilken, Green and Halford voted                
 "Yea" and Senator Lincoln voted "Nay".  Therefore, SB 8 was                   
 reported out of committee.                                                    
                                                                               
 There being no further business before the committee, the meeting             
 was adjourned at 2:10 p.m.                                                    
                                                                               

Document Name Date/Time Subjects