HB 133: "An Act relating to traffic control devices on highways and claims related to those devices; relating to designation of highway systems; making conforming amendments; and providing for an effective date."
00 HOUSE BILL NO. 133 01 "An Act relating to traffic control devices on highways and claims related to those 02 devices; relating to designation of highway systems; making conforming amendments; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE. The purpose of this Act is to 08 (1) identify expressly the Alaska Traffic Manual in statute; 09 (2) validate and affirm that the Alaska Traffic Manual is not intended by the 10 legislature to set legal requirements for the installation of traffic control devices unless the 11 manual sets out mandatory standards; 12 (3) recognize expressly that the state, a municipality, and other public entities 13 that use the Alaska Traffic Manual have the same protection from certain claims for damages 14 for actions or inactions related to traffic control devices;
01 (4) overrule that portion of Guerrero v. Alaska Housing Finance Corp., 123 02 P.3d 966 (Alaska 2005), related to the statement set out in (2) of this section; and 03 (5) replace certain statutory references to "marking," "posting," and "signals" 04 with a uniform reference to "traffic control devices." 05 * Sec. 2. AS 19.10.020 is amended to read: 06 Sec. 19.10.020. Designation of [STATE] highway systems [SYSTEM]. The 07 department may designate, locate, create, and determine what highways constitute the 08 state highway system and may classify and designate other highways as authorized 09 by law or necessary to meet federal requirements [. IN DESIGNATING, 10 LOCATING, CREATING, AND DETERMINING THE SEVERAL ROUTES OF 11 THE STATE HIGHWAY SYSTEM, THE DEPARTMENT SHALL STRIVE TO 12 ATTAIN THE PURPOSES AND OBJECTIVES SET OUT IN AS 19.05.125]. 13 * Sec. 3. AS 19.10.050 is repealed and reenacted to read: 14 Sec. 19.10.050. Traffic control devices. (a) The department shall adopt by 15 regulation a uniform system of traffic control devices as specified in the Alaska 16 Traffic Manual. The Alaska Traffic Manual consists of a Manual on Uniform Traffic 17 Control Devices and an Alaska supplement approved by the Federal Highway 18 Administration. The Alaska Traffic Manual is the standard for all traffic control 19 devices installed on highways and bicycle trails open to public travel in the state. 20 (b) A claim for damages may not be made against the state, a state agency, a 21 municipality, a public entity, or an employee of the state, a municipality, or a public 22 entity for failure to conform to the Alaska Traffic Manual unless the claim is based on 23 an alleged failure to conform to mandatory traffic control provisions contained in the 24 Alaska Traffic Manual. This subsection does not 25 (1) amend or preclude the application of AS 09.50.250 or 26 AS 09.65.070; 27 (2) prohibit the department, a municipality, or a public entity from 28 making design modifications; or 29 (3) preclude the application of any other defense available to the 30 department, a municipality, or other public entity in a legal action. 31 (c) A municipality or other public entity may not place or maintain a traffic
01 control device on a highway under the jurisdiction of the department except by written 02 authorization of the department. 03 (d) The department may adopt regulations to implement this section. 04 (e) In this section, 05 (1) "Alaska Traffic Manual" means the Alaska Traffic Manual adopted 06 in regulation by the department; 07 (2) "mandatory traffic control provisions" means only the provisions in 08 the Alaska Traffic Manual that are designated by the term "shall." 09 * Sec. 4. AS 19.25.080 is amended to read: 10 Sec. 19.25.080. Purpose. The purposes of AS 19.25.080 - 19.25.180 are 11 (1) to protect the public safety and the welfare of persons using the 12 highways of the state by having outdoor advertising signs, displays, and devices along 13 the highways controlled; 14 (2) to prevent unreasonable distraction of operators of motor vehicles; 15 to prevent confusion with regard to traffic control devices [TRAFFIC LIGHTS, 16 SIGNS, OR SIGNALS] or other interference with the effectiveness of traffic 17 regulations; [, AND] to promote the safety, convenience, and enjoyment of travel on, 18 and protection of the public investment in, highways in this state; to preserve and 19 enhance the natural scenic beauty or aesthetic features of the highways and adjacent 20 areas; and to attract tourists; 21 (3) to regulate outdoor advertising signs, displays, and devices in areas 22 adjacent to the rights-of-way of the interstate, primary, and secondary systems within 23 this state in accordance with this chapter and the regulations adopted under this 24 chapter; 25 (4) to provide that outdoor advertising signs, displays, and devices that 26 are not in conformity with the requirements of this chapter are a public nuisance; 27 (5) to provide a statutory basis for regulation of outdoor advertising 28 signs, displays, and devices consistent with the public policy declared by the United 29 States Congress relating to areas within and adjacent to the right-of-way of a highway 30 of the interstate, primary, or secondary systems. 31 * Sec. 5. AS 19.59.001 is amended by adding a new paragraph to read:
01 (13) "traffic control device" means a sign, signal, marking, or other 02 device used to control, regulate, warn, or guide traffic that is placed on, over, or 03 adjacent to a highway, pedestrian facility, bicycle trail, or multi-use pathway by 04 authority of a public entity having jurisdiction. 05 * Sec. 6. AS 28.01.010(d) is amended to read: 06 (d) A municipality shall erect necessary official traffic control devices on 07 streets and highways within its jurisdiction that as far as practicable conform to the 08 current edition of the Alaska Traffic Manual, as that document is described in 09 AS 19.10.050, prepared by the Department of Transportation and Public Facilities. 10 The municipality 11 (1) shall post a sign indicating that the school is a "drug-free school 12 zone" at each location in which it has installed a sign identifying the location of a 13 school; 14 (2) may post a sign at each recreation and youth center indicating that 15 the center is a "drug-free recreation and youth center zone"; in this paragraph, 16 "recreation or youth center" has the meaning given in AS 11.71.900. 17 * Sec. 7. AS 19.10.040 is repealed. 18 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 21 heading of art. 1 of AS 19.10 from "Designation, Marking, and Use" to "Designation, Traffic 22 Control Device, and Use." 23 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).