01/28/1997 01:35 PM Senate TRA

                                                                               
           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.