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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
]]]] 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.
]]]] 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)".
]]]] 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
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