Legislature(1997 - 1998)
01/28/1997 01:35 PM Senate TRA
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SENATE TRANSPORTATION COMMITTEE
January 28, 1997
1:35 p.m.
MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Gary Wilken, Vice Chairman
Senator Lyda Green
Senator Rick Halford
Senator Georgianna Lincoln
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
SENATE BILL NO. 56
"An Act relating to tourist oriented directional signs that are 90
inches in width and 18 inches in height, relating to penalties for
violations related to outdoor advertising, and annulling a
regulation of the Department of Transportation and Public
Facilities."
- MOVED SB 56 OUT OF COMMITTEE
SENATE BILL NO. 8
"An Act relating to the noise levels of airports and sport shooting
facilities."
- MOVED SB 8 OUT OF COMMITTEE
PREVIOUS SENATE ACTION
SB 56 - No previous Senate action to record.
SB 8 - No previous Senate action to record.
WITNESS REGISTER
Janey Weininger, Staff
Senator Green
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Explained SB 56.
Boyd Brownfield, Deputy Commissioner
Department of Transportation & Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
POSITION STATEMENT: Administration opposed SB 56 in its current
form.
Sam Kito III, Special Assistant
Department of Transportation & Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
POSITION STATEMENT: Discussed the draft report from the task
force.
Robert Reges, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Discussed the language on page 2, lines 22-24.
Kevin Ritchie, Executive Director
Alaska Municipal League
217 Second Street, Suite 200
Juneau, Alaska 99801
POSITION STATEMENT: Did not yet have a position on SB 8.
ACTION NARRATIVE
TAPE 97-1, SIDE A
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.
SB 8 AIRPORT/SHOOTING FACILITY NOISE LEVELS
Number 309
CHAIRMAN WARD announced that SB 8 was the next order of business
before the committee.
BRETT HUBER , Staff to Senator Halford, noted that the sponsor
statement, a zero fiscal note, sectional analysis, and letters of
support were included in the committee packet. SB 8 was introduced
in order to protect existing shooting ranges and private airports
from nuisance lawsuits based on noise level. Although this has not
yet been a significant problem in Alaska, many sport shooting
ranges and private airports in the Lower 48 have found themselves
in such lawsuits.
Mr. Huber noted that this issue was addressed in the 19th
Legislature with the passage of SB 274. SB 274 passed by a wide
margin, but was ultimately vetoed. The National Rifle Association,
Alaska Air Carriers Association, the Alaska Outdoor Council, Alaska
Boating Association, and the Alaska Airmen's Association have
endorsed SB 8.
SENATOR LINCOLN was interested in Senator Halford's response to the
Governor's veto letter from last year. The letter said that with
such legislation the state would usurp a control traditionally
belonging to municipal authorities. Further, the AMU noted in its
opposition statement that the state should not restrict the
enforcement of municipal ordinances. Senator Lincoln expressed
support of local control.
SENATOR HALFORD pointed out that the municipal authorities are
created by the state and are limited in numerous ways. With
regards to noise, there is a statewide preemption. There are many
areas in which the state in representing the whole do not allow
municipal intervention in the regulatory structure.
Number 352
SENATOR LINCOLN asked if this was in the municipality's power in
this case. SENATOR HALFORD explained that two issues are at hand,
civil and criminal action by lawsuit, and action by the
municipality itself. In other jurisdictions, people move into an
area with an established facility operating and decide to sue to
close the operation. Senator Halford noted that this does not
preclude the municipality's ability for reasons of public safety,
zoning, or the other municipal powers to represent its
constituency. This legislation means that a municipality cannot
close a facility existing prior to the action of the municipality
or the individual suing merely on the basis of noise.
SENATOR LINCOLN noted the concern with the hearing process that the
general public was not able to participate in the hearings. The
Alaska Municipal League (AML) will be meeting soon on this
legislation. Senator Lincoln wanted to allow the public to
participate in the hearing process.
SENATOR HALFORD expressed shock that Governor Knowles felt the bill
last year did not have a sufficient review. Last year, the bill
passed through more than one committee in the Senate and the House
and all of the proper notices and readings. Senator Halford
indicated that this issue was raised by AML at the last minute.
Number 391
ROBERT REGES , Assistant Attorney General with the Department of
Law, informed the committee that he had tracked this bill last
year, but had not yet conferred with his clients on this. With
regards to the municipality still having power to regulate noise
and other issues for purposes of public health. If that was the
statement, the Department of Law would suggest an amendment to the
language on page 2, lines 22-24.
SENATOR HALFORD clarified that he stated that municipalities could
regulate for health purposes, public safety, zoning, or all other
purposes. He did not mean to imply that a municipality could
regulate for noise and those other purposes together.
SENATOR LINCOLN inquired as to Mr. Reges' interpretation of that
section in the bill. ROBERT REGES interpreted the language on page
2, lines 22-24 to prohibit any regulation based on noise whether in
whole or part. SENATOR HALFORD said that was intended.
SENATOR LINCOLN asked why that was intended. SENATOR HALFORD
reiterated that this legislation would only apply to a facility
that was established before there were any regulations or change of
regulations.
SENATOR LINCOLN asked for an example to illustrate why this
legislation would be necessary. SENATOR HALFORD posed the
following scenario. An influential individual moves into a
community off the end of an airport, they do not like the noise.
The individual moves through the process, making contributions,
supporting candidates and controlling the assembly in order to get
an ordinance to close an airport that existed before the individual
resided in that area.
Number 437
KEVIN RITCHIE , Executive Director of the Alaska Municipal League
(AML), informed the committee that AML's legislative committee
would be meeting on this bill. He offered to work with the
committee and the sponsor on the bill.
SENATOR HALFORD inquired as to why AML did not raise any issue with
the bill last year after the bill had extensive consideration.
KEVIN RITCHIE agreed that the bill had gone through the process.
The bill was not identified as an issue to municipal governments.
After the passage of the bill, some municipalities expressed
concern. Mr. Ritchie stated that AML did not have a position on
the bill at this time.
SENATOR HALFORD moved to report SB 8 out of committee with
individual recommendations and attached fiscal notes.
SENATOR LINCOLN objected. Due to the fact that AML will be meeting
on the bill as well as the fact that the bill only goes to Senate
Resources after this, perhaps the bill could be held in order to
hear from AML.
CHAIRMAN WARD requested that a roll call vote be taken. Upon a
roll call vote, Senators Ward, Wilken, Green and Halford voted
"Yea" and Senator Lincoln voted "Nay". Therefore, SB 8 was
reported out of committee.
There being no further business before the committee, the meeting
was adjourned at 2:10 p.m.
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