05/08/1995 01:02 PM Senate TRA

                                                                               
                  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.