HB 127-ROADSIDE MEMORIALS  RYAN COLGAN, staff to Representative Jim Whitaker, introduced HB 127. He explained the genesis of the bill was a public notice of regulation change issued by the Department of Transportation and Public Facilities (DOTPF) to address their perception that: · Road sign memorials were in conflict with the outdoor advertising statutes · The state might lose federal highway funds if memorials were placed in highway rights-of-way - although West Virginia has a memorial program and has not lost funding. HB 127 exempts personal roadside memorials from the outdoor advertising statutes and restricts them to those that are safe and that don't interfere with the right-of-way. The person placing the memorial must post contact information on the memorial and provide that information to the department along with the location of the memorial. If DOTPF asks that the memorial be changed or moved, the contact person would be required to do so at no cost to the state. If a memorial doesn't meet the requirements set forth in HB 127, they may be considered an illegal encroachment and treated as such. SENATOR GEORGIANNA LINCOLN expressed support for the bill, but was concerned about limiting the program to those who had died in a traffic accident as set forth on page 1, line 8. She was aware of and didn't want to exclude memorials to people that have died on roadways, but not as a result of a traffic accident. MR. COLGAN said he didn't know whether that had been considered. He acknowledged there are different types of memorials in rights-of-way that were erected for a variety of reasons and that people use them as a way to grieve the loss of someone. SENATOR DONNY OLSON noted there are federal highway funds and federal funds and asked whether other states have been exempt from both types of funding cuts. MR. COLGAN advised they aren't exemptions. The federal government simply hasn't withheld federal highway funding from the state with a roadside memorial program. The concern arises as a result of the Highway Beautification Act that allows the federal government to withhold federal highway funds if there is an encroachment on the right-of-way. CHAIR COWDERY stated the Highway Beautification Program resulted from Lady Bird Johnson's efforts to reduce the number and size of billboards erected along highways. SENATOR LINCOLN asked if the sponsor would consider deleting "in a traffic accident" from page 1, line 8 because it wouldn't detract from the intent of the bill, but would allow others to be included. She cited an incident where a man's family erected a roadside memorial after he was shot and killed at an intersection on a Fairbanks highway. Current wording would exclude that memorial. MR. COLGAN replied he hadn't discussed that with the sponsor, but was aware of the circumstance. SENATOR GENE THERRIAULT said he wasn't sure he would support broadening the language. SENATOR LINCOLN advised she would present an amendment for consideration to delete, "in a traffic accident" and didn't believe doing so would be too inclusive. SENATOR THERRIAULT pointed out that anyone killed in the general vicinity could be included if that language were deleted. CHAIR COWDERY agreed that broadening the language too much had adverse implications. SENATOR THOMAS WAGONER opined cemeteries are the place for memorials. This is an emotional issue to which he is sympathetic, but he is not in favor of roadside memorials. SENATOR LINCOLN said she was appreciative of the concern and she would try to develop language that would not be unreasonably inclusive. SENATOR THERRIAULT noted they should always be aware of the law of unintended consequences. SENATOR LINCOLN agreed. BARBARA DOWDY read a statement from Sheryl Riley into the record relating Heather Dowdy's story. She was a vibrant, productive 17-year-old student who was ready to graduate from high school when she was hit and killed by a drunk driver. BARBARA DOWDY, Heather's mother, testified she is a member of the MADD chapter in Fairbanks and she fully supports passage of HB 127. She and her family have erected a memorial on the Old Steese Highway that is very personal to them and represents the essence of Heather's life. A DOTPF sign could never adequately express those personal sentiments. Roadside memorials let people know that a loved one is remembered and their passing is noticed. She received a letter from the Lady Bird Johnson's staff stating that the highway beautification program was never intended to become an issue to grieving families. Junkyards and billboards should not be compared to and considered with roadside memorials. 2:00 p.m.  SENATOR THERRIAULT advised Ms. Dowdy that activity that is conducted on private property, such as the junkyard she mentioned, is different than the issue of memorials placed in the road right-of-way. SANDY GILESPIE said she was Heather's sister-in-law. She read a statement supporting HB 127 and specifically noted a number of memorials in the Anchorage and Fairbanks areas. RACHAEL DOWDY, Heather's sister, outlined the last day of Heather's life. After the accident, family and friends placed a roadside memorial in her memory to help in their healing process. Roadside memorials remind people that driving fatalities are personal and they have anecdotal evidence that Heather's memorial has changed at least one person's drinking and driving behavior. They are sure the standard DOTPF sign would not have the same affect. 2:10 p.m.    SENATOR OLSON asked how DOTPF stood on the issue. JOHN MACKINNON, Deputy Commissioner of the Department of Transportation and Public Facilities, stated the department worked with the sponsor and they did not oppose the bill. SENATOR THERRIAULT asked the sponsor to comment on changing language on page 1, line 8 to read "as a result of a traffic accident" rather than "in a traffic accident" because a person might die on the way to the hospital of in the hospital. MR. COLGAN stated the sponsor would likely support that amendment. SENATOR THERRIAULT made a motion to adopt a conceptual amendment to make it clear that the memorials were for individuals who died as a result of a traffic accident. Conceptual amendment 1 was adopted with no objection. SENATOR LINCOLN said she would work with legislative legal to expand the scope somewhat, but didn't object to the bill moving to the next committee. She made a motion to move CSHB 127(STA) as conceptually amended [SCS CSHB 127(TRA)] from committee with individual recommendations. There being no objection, it was so ordered.