2004 Legislation
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SENATE BILL NO. 1271 – Hwy, right-of-way, political ads

SENATE BILL NO. 1271

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Bill Status



S1271aa...................................................by TRANSPORTATION
HIGHWAYS - POLITICAL ADS - Amends existing law to provide an exception to
the prohibition on advertising in or near rights-of-way for certain
political ads; to define "political ad"; and to provide that the exception
does not apply to interstate highways.
                                                                        
02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to Transp
02/20    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/26    To 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - FAILED - 15-20-0
      AYES -- Bailey, Brandt, Burkett, Calabretta, Compton, Davis, Gannon,
      Geddes, Hill, Ingram, McWilliams, Noble, Richardson, Schroeder,
      Stegner
      NAYS -- Andreason(Andreason), Bunderson, Burtenshaw, Cameron,
      Darrington, Goedde, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, Noh, Pearce, Sorensen, Stennett, Sweet, Werk, Williams
      Absent and excused -- None
    Floor Sponsor - Stegner
    Filed in Office of the Secretary of Senate

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1271
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAYS; AMENDING SECTION 40-1910,  IDAHO  CODE,  TO  PROVIDE  AN
  3        EXCEPTION  TO THE PROHIBITION ON ADVERTISING IN A HIGHWAY RIGHT-OF-WAY FOR
  4        CERTAIN POLITICAL ADS, TO DEFINE "POLITICAL  AD"  AND  TO  MAKE  TECHNICAL
  5        CHANGES; AND AMENDING SECTION 40-1911, IDAHO CODE, TO PROVIDE THAT CERTAIN
  6        POLITICAL  ADS  MAY  BE  ERECTED  NEAR A RIGHT-OF-WAY, TO PROVIDE THAT THE
  7        EXCEPTION DOES NOT APPLY TO INTERSTATE  HIGHWAYS  AND  TO  MAKE  TECHNICAL
  8        CHANGES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 40-1910, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        40-1910.  LOCATION OF DISPLAYS. (1) No advertising display shall be placed
 13    or maintained in any of the following locations or positions or under  any  of
 14    the  following  conditions  or  if the advertising structure or sign is of the
 15    following nature:
 16        (1a)  Within the right-of-way of any highway, except as otherwise provided
 17        in subsection (2) of this section;
 18        (2b)  Visible from any interstate or primary  highway  and  simulating  or
 19        imitating  any  directional, warning, danger or information sign permitted
 20        under the provisions of this chapter, or if intended or likely to be  con-
 21        strued as giving warnings of traffic;
 22        (3c)  Within  any  stream or drainage canal or below the flood water level
 23        of any stream or drainage canal where the  advertising  display  might  be
 24        deluged by flood waters and swept under any highway structure crossing the
 25        stream or drainage canal or against the supports of the highway structure;
 26        (4d)  Not maintained in a safe condition;
 27        (5e)  Visible  from  any  interstate or primary highway and displaying any
 28        red, blue or blinking intermittent light likely to be mistaken for a warn-
 29        ing or danger signal;
 30        (6f)  Illuminated with such brilliance and so positioned as  to  blind  or
 31        dazzle the vision of travelers on adjacent interstate or primary highways;
 32        (7g)  Purported to direct the movement of traffic;
 33        (8h)  Painted, affixed or attached to any natural feature as more particu-
 34        larly prohibited by section 18-7017, Idaho Code;
 35        (9i)  Hinder  the clear, unobstructed view of approaching or merging traf-
 36        fic, nor obscure from view any traffic sign or other official sign;
 37        (10j)  Located as to obscure the view of any connecting highway or  inter-
 38        section; and
 39        (11k)  Not clear or in good repair.
 40        (2)  (a) Political ads may be located within the right-of-way of any high-
 41        way, provided that such ads may not be so located earlier than thirty (30)
 42        days  prior  to  any primary or general election and provided further that
 43        such ads shall be removed no later than seventy-two (72) hours after  such
                                                                        
                                           2
                                                                        
  1        an election.
  2        (b)  As  used  in  this  section, "political ad" means an advertisement in
  3        support or opposition of, or relating  to,  a  candidate  for  any  public
  4        office or any measure to be voted on in any primary or general election.
                                                                        
  5        SECTION  2.  That  Section 40-1911, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        40-1911.  GENERAL PROHIBITIONS. (1) Notwithstanding any other provision of
  8    this chapter, no advertising display shall be erected or maintained within six
  9    hundred sixty (660) feet from the edge of the right-of-way of  the  interstate
 10    and primary system of highways within this state except the following:
 11        (1a)  Directional  or other official signs or notices that are required or
 12        authorized by law, informational or directional signs regarding  telephone
 13        service,  emergency  telephone  signs, buried or underground cable markers
 14        and above cable closures;
 15        (2b)  Signs advertising the sale or lease of property upon which they  are
 16        located;
 17        (3c)  Displays advertising activities conducted on the property upon which
 18        they  are  located, provided that not more than one (1) such sign, visible
 19        to traffic proceeding in any one  direction,  and  advertising  activities
 20        being  conducted  upon  the real property where the sign is located may be
 21        permitted more than fifty (50) feet from the advertising activity;
 22        (4d)  Displays located within areas zoned industrial, business or  commer-
 23        cial  under authority of state law, or in unzoned industrial or commercial
 24        areas as determined by the department;
 25        (5e)  Displays erected or maintained by the department on the right-of-way
 26        pursuant to regulation of the department designed to give  information  in
 27        the  specific  interest  of  the  traveling public. The department, by and
 28        through its director, may, upon receipt of a certified copy  of  an  ordi-
 29        nance from a board of county commissioners, or a city council, accompanied
 30        by  all economic studies required by federal rules and regulations showing
 31        that the removal of tourist-related advertising activities would cause  an
 32        economic  hardship  on a defined area, forward the ordinance to the secre-
 33        tary of the United States department of transportation for inclusion as  a
 34        defined  hardship  area,  qualifying  for  exemption  pursuant  to section
 35        131(o), title 23, United States Code. The ordinance and  economic  studies
 36        shall  show  that  (1i)  the  tourist-related  advertising devices provide
 37        directional information about goods and services in the  interest  of  the
 38        traveling  public,  and (2ii) that the removal of the specific directional
 39        advertising displays will work a  substantial  economic  hardship  in  the
 40        defined area;
 41        (6f)  Signs  lawfully  in  existence on October 22, 1965, determined to be
 42        landmark signs, including signs on farm structures or natural surfaces, of
 43        historic or artistic significance, the preservation of which would be con-
 44        sistent with the purposes of this chapter; and
 45        (g)  Political ads, as defined in section 40-1910(2)(b), Idaho Code,  pro-
 46        vided:
 47             (i)   Such ads shall not be erected or maintained earlier than thirty
 48             (30) days prior to any primary or general election;
 49             (ii)  Such  ads shall be removed no later than seventy-two (72) hours
 50             after such an election; and
 51             (iii) This exception shall not apply to  interstate  highways  within
 52             this state.
 53        (72)  On  or after July 1, 1985, no advertising structure or display shall
                                                                        
                                           3
                                                                        
  1    be erected or maintained in this state, other than those allowed  pursuant  to
  2    subparagraphs  (1)(2b),  (3c), (d) and (4g) of this section, which are located
  3    beyond six hundred sixty (660) feet of the right-of-way,  located  outside  of
  4    urban areas, visible from the main traveled way of the system, and erected for
  5    the  purpose of the message being read from that main traveled way of the sys-
  6    tem.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Stegner             
                                                                        
                                                     Seconded by Bailey              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1271
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 40, delete "Political" and  insert:
  3    "Unless otherwise prohibited by a city or county ordinance, political".
                                                                        
  4                                AMENDMENT TO SECTION 2
  5        On page 2, following line 46 insert:
  6             "(i)  Such ads are not otherwise prohibited by a city or county ordi-
  7             nance;";
  8    in  line  47,  delete "(i)" and insert: "(ii)"; in line 49, delete  "(ii)" and
  9    insert: "(iii)"; and in line 51, delete "(iii)" and insert: "(iv)".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1271, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAYS; AMENDING SECTION 40-1910,  IDAHO  CODE,  TO  PROVIDE  AN
  3        EXCEPTION  TO THE PROHIBITION ON ADVERTISING IN A HIGHWAY RIGHT-OF-WAY FOR
  4        CERTAIN POLITICAL ADS, TO DEFINE "POLITICAL  AD"  AND  TO  MAKE  TECHNICAL
  5        CHANGES; AND AMENDING SECTION 40-1911, IDAHO CODE, TO PROVIDE THAT CERTAIN
  6        POLITICAL  ADS  MAY  BE  ERECTED  NEAR A RIGHT-OF-WAY, TO PROVIDE THAT THE
  7        EXCEPTION DOES NOT APPLY TO INTERSTATE  HIGHWAYS  AND  TO  MAKE  TECHNICAL
  8        CHANGES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 40-1910, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        40-1910.  LOCATION OF DISPLAYS. (1) No advertising display shall be placed
 13    or maintained in any of the following locations or positions or under  any  of
 14    the  following  conditions  or  if the advertising structure or sign is of the
 15    following nature:
 16        (1a)  Within the right-of-way of any highway, except as otherwise provided
 17        in subsection (2) of this section;
 18        (2b)  Visible from any interstate or primary  highway  and  simulating  or
 19        imitating  any  directional, warning, danger or information sign permitted
 20        under the provisions of this chapter, or if intended or likely to be  con-
 21        strued as giving warnings of traffic;
 22        (3c)  Within  any  stream or drainage canal or below the flood water level
 23        of any stream or drainage canal where the  advertising  display  might  be
 24        deluged by flood waters and swept under any highway structure crossing the
 25        stream or drainage canal or against the supports of the highway structure;
 26        (4d)  Not maintained in a safe condition;
 27        (5e)  Visible  from  any  interstate or primary highway and displaying any
 28        red, blue or blinking intermittent light likely to be mistaken for a warn-
 29        ing or danger signal;
 30        (6f)  Illuminated with such brilliance and so positioned as  to  blind  or
 31        dazzle the vision of travelers on adjacent interstate or primary highways;
 32        (7g)  Purported to direct the movement of traffic;
 33        (8h)  Painted, affixed or attached to any natural feature as more particu-
 34        larly prohibited by section 18-7017, Idaho Code;
 35        (9i)  Hinder  the clear, unobstructed view of approaching or merging traf-
 36        fic, nor obscure from view any traffic sign or other official sign;
 37        (10j)  Located as to obscure the view of any connecting highway or  inter-
 38        section; and
 39        (11k)  Not clear or in good repair.
 40        (2)  (a) Unless otherwise prohibited by a city or county ordinance, polit-
 41        ical  ads  may be located within the right-of-way of any highway, provided
 42        that such ads may not be so located earlier than thirty (30) days prior to
 43        any primary or general election and provided further that such  ads  shall
                                                                        
                                           2
                                                                        
  1        be removed no later than seventy-two (72) hours after such an election.
  2        (b)  As  used  in  this  section, "political ad" means an advertisement in
  3        support or opposition of, or relating  to,  a  candidate  for  any  public
  4        office or any measure to be voted on in any primary or general election.
                                                                        
  5        SECTION  2.  That  Section 40-1911, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        40-1911.  GENERAL PROHIBITIONS. (1) Notwithstanding any other provision of
  8    this chapter, no advertising display shall be erected or maintained within six
  9    hundred sixty (660) feet from the edge of the right-of-way of  the  interstate
 10    and primary system of highways within this state except the following:
 11        (1a)  Directional  or other official signs or notices that are required or
 12        authorized by law, informational or directional signs regarding  telephone
 13        service,  emergency  telephone  signs, buried or underground cable markers
 14        and above cable closures;
 15        (2b)  Signs advertising the sale or lease of property upon which they  are
 16        located;
 17        (3c)  Displays advertising activities conducted on the property upon which
 18        they  are  located, provided that not more than one (1) such sign, visible
 19        to traffic proceeding in any one  direction,  and  advertising  activities
 20        being  conducted  upon  the real property where the sign is located may be
 21        permitted more than fifty (50) feet from the advertising activity;
 22        (4d)  Displays located within areas zoned industrial, business or  commer-
 23        cial  under authority of state law, or in unzoned industrial or commercial
 24        areas as determined by the department;
 25        (5e)  Displays erected or maintained by the department on the right-of-way
 26        pursuant to regulation of the department designed to give  information  in
 27        the  specific  interest  of  the  traveling public. The department, by and
 28        through its director, may, upon receipt of a certified copy  of  an  ordi-
 29        nance from a board of county commissioners, or a city council, accompanied
 30        by  all economic studies required by federal rules and regulations showing
 31        that the removal of tourist-related advertising activities would cause  an
 32        economic  hardship  on a defined area, forward the ordinance to the secre-
 33        tary of the United States department of transportation for inclusion as  a
 34        defined  hardship  area,  qualifying  for  exemption  pursuant  to section
 35        131(o), title 23, United States Code. The ordinance and  economic  studies
 36        shall  show  that  (1i)  the  tourist-related  advertising devices provide
 37        directional information about goods and services in the  interest  of  the
 38        traveling  public,  and (2ii) that the removal of the specific directional
 39        advertising displays will work a  substantial  economic  hardship  in  the
 40        defined area;
 41        (6f)  Signs  lawfully  in  existence on October 22, 1965, determined to be
 42        landmark signs, including signs on farm structures or natural surfaces, of
 43        historic or artistic significance, the preservation of which would be con-
 44        sistent with the purposes of this chapter; and
 45        (g)  Political ads, as defined in section 40-1910(2)(b), Idaho Code,  pro-
 46        vided:
 47             (i)   Such ads are not otherwise prohibited by a city or county ordi-
 48             nance;
 49             (ii)  Such ads shall not be erected or maintained earlier than thirty
 50             (30) days prior to any primary or general election;
 51             (iii) Such  ads shall be removed no later than seventy-two (72) hours
 52             after such an election; and
 53             (iv)  This exception shall not apply to  interstate  highways  within
                                                                        
                                           3
                                                                        
  1             this state.
  2        (72)  On  or after July 1, 1985, no advertising structure or display shall
  3    be erected or maintained in this state, other than those allowed  pursuant  to
  4    subparagraphs  (1)(2b),  (3c), (d) and (4g) of this section, which are located
  5    beyond six hundred sixty (660) feet of the right-of-way,  located  outside  of
  6    urban areas, visible from the main traveled way of the system, and erected for
  7    the  purpose of the message being read from that main traveled way of the sys-
  8    tem.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 13734C1



This legislation would authorize the placement of certain political
signs on highway right-of-ways 30 days before and until 3 days after a
statewide primary or general election, subject to current
restrictions.






                          FISCAL IMPACT

No Fiscal Impact on the General Fund




Contact
Name:  Senator Joe Stegner
Phone: (208) 332-1307
Senator Kent Bailey
Phone:  (208)    332-1345

STATEMENT OF PURPOSE/FISCAL NOTE                     S 1271