Legislature(2003 - 2004)
03/11/2004 03:35 PM Senate STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 230(STA)-POLITICAL SIGNS ON PRIVATE PROPERTY
CHAIR GARY STEVENS announced CSHB 230(STA) to be up for
consideration and noted that the sponsor's staff member was
present.
TODD LARKIN, staff to Representative Jim Holm, bill sponsor,
reminded members that they heard the bill previously so his
recap would be very brief.
The state has traditionally disallowed political signs within
660 feet of the edge of rights-of-way, but those restrictions
are a little excessive and not necessary to continue to qualify
for federal highway funds.
"HB 230 seeks to give free speech rights back to property owners
within the 660-foot margin, but outside of DOT rights-of-way."
CHAIR GARY STEVENS noted that the committee passed an amended
version of amendment 1 at the previous meeting. He asked for
verification that you couldn't put signs in the rights-of-way on
private property.
MR. LARKIN clarified that the original statute covers rights-of-
way and there was some question regarding whether easements and
rights-of-way were technically not the same thing. Because of
that the committee adopted an amendment in the last hearing
specifically saying that signs cannot be placed in a DOT
easement.
CHAIR GARY STEVENS asked him to explain proposed amendment 2.
MR. LARKIN explained that the second amendment is the result of
conversations with the federal highways administration. They
would like intent language included in the bill to make it clear
that the Legislature does not intend for the political signs to
"pose an opportunity for indirect commercial advertising."
CHAIR GARY STEVENS summarized that the purpose is to make sure
federal highway funds aren't jeopardized.
MR. LARKIN replied there is no threat to federal funds, but this
increases the comfort level.
SENATOR BERT STEDMAN made a motion to adopt amendment 2. There
being no objection, it was so ordered.
23-LS0780\U.1
Utermohle
10/7/04
A M E N D M E N T 2
OFFERED IN THE SENATE
TO: CSHB 230(STA)
Page 1, following line 2:
Insert a new bill section to read:
"* Section 1. The uncodified law of the State of Alaska is
amended by adding a new section to read:
INTENT. It is the intent of the Alaska State Legislature
that political signs on private property not pose an opportunity
for indirect commercial advertising."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill section accordingly.
JEFF STARK, Department of Law, participated via teleconference
to say that he was asked to look at this on behalf of the
Department of Transportation and was available for questions.
SENATOR GRETCHEN GUESS asked for his opinion on the bill and how
it might impact any federal funds.
MR. STARK said it shouldn't have any affect on federal funds as
written. "Anytime you get into any sort of regulation of signs
and particularly political signs we had concerns about the
constitutionality of the language. We took a look at it and I
think our feeling is that as written it is probably all right.
Once you get into constitutional issues, you never really know
what the answer is until a judge takes a look at it and tells
you what the answer is."
SENATOR GUESS asked if he understood that the Department of
Transportation would be the enforcing entity.
MR. STARK replied, "Absolutely, they enforce the statutes as
written now and this is simply an amendment to that statute."
SENATOR STEDMAN made a motion to move SCS CSHB 230(STA) from
committee with the attached zero fiscal note. There being no
objection, it was so ordered.
| Document Name | Date/Time | Subjects |
|---|