Legislature(1995 - 1996)
05/08/1995 01:02 PM TRA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.