Bill Text: IA HF792 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of advertising devices near certain highways.(Formerly HSB 229.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-11 - Withdrawn. H.J. 716. [HF792 Detail]
Download: Iowa-2021-HF792-Introduced.html
House
File
792
-
Introduced
HOUSE
FILE
792
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
229)
(COMPANION
TO
SF
548
BY
COMMITTEE
ON
TRANSPORTATION)
A
BILL
FOR
An
Act
relating
to
the
regulation
of
advertising
devices
near
1
certain
highways.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
306B.1,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
“Advertising
device”
includes
means
any
outdoor
sign,
3
display,
device,
figure,
painting,
drawing,
message,
placard,
4
poster,
billboard,
or
any
other
device
designed,
intended,
5
or
used
to
advertise
or
to
give
information
in
the
nature
of
6
advertising
inform,
for
which
remuneration
is
paid
or
earned
7
in
exchange
for
its
erection,
display,
or
existence
by
any
8
person,
and
having
the
capacity
of
being
which
is
visible
from
9
the
traveled
portion
of
any
highway
of
the
interstate
system
10
in
this
state.
11
Sec.
2.
Section
306B.1,
subsection
4,
Code
2021,
is
amended
12
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
13
following:
14
4.
“Remuneration”
means
the
exchange
of
anything
of
value,
15
including
but
not
limited
to
money,
securities,
real
property
16
interests,
personal
property
interests,
goods,
services,
future
17
consideration,
exchange
of
favor,
or
forbearance
of
debt.
18
Sec.
3.
Section
306B.2,
Code
2021,
is
amended
to
read
as
19
follows:
20
306B.2
Advertising
prohibited
——
exceptions.
21
No
An
advertising
device
shall
not
be
erected
or
maintained
22
within
six
hundred
sixty
feet
of
the
edge
of
the
right-of-way
23
of
the
interstate
system
except
the
following:
24
1.
Directional
or
other
official
signs
or
notices
that
25
are
erected
by
public
officers
or
agencies
and
required
or
26
authorized
by
law.
27
2.
Advertising
devices
in
compliance
with
national
policy
28
and
rules
promulgated
by
the
department
which
indicate
the
sale
29
or
lease
of
the
property
upon
which
such
devices
are
located
30
or
which
advertise
activities
being
conducted
on
the
property
31
where
the
devices
are
located
providing
said
rules
promulgated
32
by
the
said
department
shall
not
be
more
restrictive
than
33
required
to
conform
to
the
national
standards
as
set
forth
in
34
Tit.
23,
United
States
Code.
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3.
Advertising
devices
in
compliance
with
national
policy
1
and
rules
promulgated
by
the
department
which
are
designed
to
2
give
information
in
the
specific
interest
of
the
traveling
3
public.
4
4.
Advertising
devices
that
are
located
in
areas
zoned
and
5
used
for
commercial
or
industrial
purposes
under
authority
of
6
law,
regulation,
or
ordinance
of
this
state
or
a
political
7
subdivision
of
this
state.
For
purposes
of
this
subsection
8
section
,
“areas
zoned
and
used
for
commercial
or
industrial
9
purposes”
means
an
area
zoned
for
commercial
or
industrial
10
purposes
in
accordance
with
chapter
414
,
in
the
case
of
city
11
zoning,
or
in
accordance
with
chapter
335
,
in
the
case
of
12
county
zoning,
in
which
one
or
more
commercial
or
industrial
13
activities,
as
defined
under
the
city
or
county
zoning
14
ordinance,
are
located.
15
Sec.
4.
Section
306C.10,
subsections
2
and
3,
Code
2021,
are
16
amended
to
read
as
follows:
17
2.
“Advertising
device”
includes
means
any
outdoor
sign,
18
display,
device,
figure,
painting,
drawing,
message,
placard,
19
poster,
billboard,
or
any
other
device
designed,
intended,
20
or
used
to
advertise
or
give
information
in
the
nature
of
21
advertising,
inform,
for
which
remuneration
is
paid
or
earned
22
in
exchange
for
its
erection,
display,
or
existence
by
any
23
person,
and
having
the
capacity
of
being
which
is
visible
from
24
the
traveled
portion
of
any
primary
highway.
25
3.
“Bonus
interstate
highways”
includes
all
interstate
26
highways
except
those
interstate
highways
adjacent
to
areas
27
excepted
from
control
under
chapter
306B
by
authority
of
28
section
306B.2
,
subsection
4
.
29
Sec.
5.
Section
306C.10,
Code
2021,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
15A.
“Remuneration”
means
the
exchange
32
of
anything
of
value,
including
but
not
limited
to
money,
33
securities,
real
property
interests,
personal
property
34
interests,
goods,
services,
future
consideration,
exchange
of
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favor,
or
forbearance
of
debt.
1
Sec.
6.
Section
306C.10,
subsection
18,
Code
2021,
is
2
amended
by
striking
the
subsection.
3
Sec.
7.
Section
306C.11,
subsections
1
and
2,
Code
2021,
are
4
amended
by
striking
the
subsections.
5
Sec.
8.
Section
306C.11,
subsection
3,
paragraph
b,
6
subparagraph
(3),
Code
2021,
is
amended
by
striking
the
7
subparagraph.
8
Sec.
9.
Section
306C.11,
subsections
4
and
6,
Code
2021,
are
9
amended
by
striking
the
subsections.
10
Sec.
10.
Section
306C.12,
Code
2021,
is
amended
to
read
as
11
follows:
12
306C.12
None
visible
from
highway.
13
An
advertising
device
shall
not
be
constructed
or
14
reconstructed
beyond
the
adjacent
area
in
unincorporated
areas
15
of
the
state
if
it
is
visible
from
the
main-traveled
way
of
any
16
primary
highway
except
for
advertising
devices
permitted
in
17
section
306C.11,
subsections
1
and
2
.
Any
advertising
device
18
permitted
beyond
an
adjacent
area
in
unincorporated
areas
of
19
the
state
shall
be
subject
to
the
applicable
permit
provisions
20
of
section
306C.18
.
21
Sec.
11.
Section
306C.13,
subsections
2
and
3,
Code
2021,
22
are
amended
to
read
as
follows:
23
2.
Advertising
devices
located
within
the
adjacent
area
of
24
nonfreeway
primary
highways
shall
not
be
erected
or
maintained
25
closer
than
one
hundred
feet
to
another
advertising
device
26
facing
in
the
same
direction
than
one
hundred
feet
if
inside
27
the
corporate
limits
of
a
municipality.
No
An
advertising
28
device
,
other
than
as
excepted
or
permitted
by
subsection
29
4,
5,
or
6
,
shall
not
be
located
within
the
triangular
area
30
formed
by
the
line
connecting
two
points
each
fifty
feet
back
31
from
the
point
where
the
street
right-of-way
lines
of
the
32
main-traveled
way
and
the
intersecting
street
meet,
or
would
33
meet,
if
extended.
34
3.
Advertising
devices
located
within
the
adjacent
area
of
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nonfreeway
primary
highways
shall
not
be
erected
or
maintained
1
closer
than
three
hundred
feet
to
another
advertising
device
2
facing
in
the
same
direction
than
three
hundred
feet
if
outside
3
the
corporate
limits
of
a
municipality.
No
An
advertising
4
device
,
other
than
those
excepted
or
permitted
by
subsection
5
4,
5,
or
6
,
shall
not
be
located
within
the
triangular
area
6
formed
by
a
line
connecting
two
points
each
one
hundred
feet
7
back
from
the
point
where
the
street
right-of-way
lines
of
the
8
main-traveled
way
and
the
intersecting
street
meet,
or
would
9
meet,
if
extended.
10
Sec.
12.
Section
306C.13,
subsection
6,
Code
2021,
is
11
amended
by
striking
the
subsection.
12
Sec.
13.
Section
306C.13,
subsection
8,
paragraphs
c
and
g,
13
Code
2021,
are
amended
to
read
as
follows:
14
c.
Which
contain,
include,
or
are
illuminated
by
any
15
flashing,
intermittent,
or
moving
light
or
lights,
except
those
16
giving
public
service
information
such
as,
but
not
limited
to
17
time,
date,
temperature,
weather,
news
and
similar
information
.
18
g.
The
standards
contained
in
this
section
pertaining
to
19
size,
lighting,
and
spacing
shall
not
apply
to
advertising
20
devices
erected
or
maintained
within
six
hundred
sixty
feet
21
of
the
right-of-way
of
those
portions
of
the
interstate
22
highway
system
exempted
from
control
under
chapter
306B
by
23
authority
of
section
306B.2,
subsection
4
,
nor
to
advertising
24
devices
erected
and
maintained
within
adjacent
areas
along
25
noninterstate
primary
highways
within
zoned
and
unzoned
26
commercial
and
industrial
areas,
unless
said
advertising
27
devices
were
erected
subsequent
to
July
1,
1972.
28
Sec.
14.
Section
306C.18,
unnumbered
paragraph
1,
Code
29
2021,
is
amended
to
read
as
follows:
30
The
owner
of
every
advertising
device
regulated
by
this
31
chapter
,
except
signs
and
advertising
devices
excepted
by
32
section
306C.11
,
subsections
1,
2,
and
5
,
and
official
signs
33
erected
by
public
officers
or
agencies,
subsection
3,
shall
be
34
required
to
make
application
to
the
department
for
a
permit.
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Sec.
15.
REPEAL.
Sections
306B.3
and
306C.23,
Code
2021,
1
are
repealed.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
Under
current
law,
Code
chapter
306B
provides
rules,
6
regulations,
and
requirements
relating
to
advertising
devices
7
along
interstate
highways.
Code
chapter
306C
provides
rules,
8
regulations,
and
requirements
relating
to
advertising
devices
9
along
certain
primary
highways,
including
the
dimensions,
10
lighting,
and
distances
from
one
another,
from
cities
and
11
unincorporated
areas,
and
from
the
traveled
portion
of
the
12
roadway.
13
For
purposes
of
both
Code
chapters,
this
bill
redefines
14
“advertising
device”
to
mean
any
outdoor
sign,
display,
device,
15
figure,
painting,
drawing,
message,
placard,
poster,
billboard,
16
or
any
other
device
designed,
intended,
or
used
to
advertise
or
17
inform,
for
which
remuneration
is
paid
or
earned
in
exchange
18
for
its
erection,
display,
or
existence
by
any
person,
and
19
which
is
visible
from
the
traveled
portion
of
the
applicable
20
highway.
The
bill
also
defines
“remuneration”.
In
Code
21
chapter
306B,
the
bill
strikes
the
definition
of
“national
22
policy”
which
under
the
bill
would
no
longer
appear
in
the
Code
23
chapter.
24
The
bill
strikes
existing
exceptions
to
the
prohibition
25
against
advertising
devices
erected
or
maintained
within
660
26
feet
of
the
edge
of
the
right-of-way
of
the
interstate
system
27
including
for
directional
or
other
official
signs
or
notices,
28
advertising
devices
which
indicate
the
sale
or
lease
of
the
29
property
upon
which
such
devices
are
located
or
which
advertise
30
activities
being
conducted
on
the
property
where
the
devices
31
are
located,
and
advertising
devices
which
are
designed
to
give
32
information
in
the
specific
interest
of
the
traveling
public.
33
Under
current
law,
advertising
devices
concerning
the
sale
34
or
lease
of
property
upon
which
they
are
located,
advertising
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devices
concerning
activities
conducted
on
the
property
on
1
which
they
are
located,
official
and
directional
signs
and
2
notices,
and
signs
with
the
publication
title
of
a
newspaper
on
3
a
delivery
receptacle
attached
to
a
mailbox
or
mailbox
support
4
are
all
authorized
to
be
erected
or
maintained
near
any
primary
5
highway.
The
bill
strikes
these
authorizations.
6
The
bill
strikes
the
requirement
that
the
department
of
7
transportation
(DOT)
promulgate
rules
relating
to
the
criteria
8
for
on-premise
signs.
9
The
bill
strikes
a
provision
stating
that
official
and
10
directional
signs
and
notices
and
advertising
devices
11
concerning
the
sale
or
lease
of
the
property
or
activities
12
conducted
upon
the
property
as
specified
in
23
U.S.C.
§131(c)
13
shall
not
be
taken
into
consideration
in
determining
compliance
14
with
spacing
requirements.
15
Under
current
law,
advertising
devices
giving
public
service
16
information
such
as
but
not
limited
to
time,
date,
temperature,
17
weather,
news,
and
similar
information
are
exempt
from
the
18
prohibition
against
flashing,
intermittent,
or
moving
lights.
19
The
bill
strikes
this
exemption.
20
The
bill
repeals
Code
section
306B.3
which
requires
the
21
DOT
to
promulgate
and
enforce
rules
consistent
with
the
22
safety
of
the
traveling
public
and
in
compliance
with
national
23
policy
governing
the
erection,
maintenance,
and
frequency
24
of
advertising
devices
within
660
feet
of
the
edge
of
the
25
right-of-way
of
the
interstate
system,
as
authorized
under
26
Code
chapter
306B,
and
which
are
outside
of
commercial
and
27
industrial
zones.
28
Under
current
law,
a
special
event
sign
is
a
temporary
29
advertising
device,
not
larger
than
32
square
feet
in
30
area,
erected
for
the
purpose
of
notifying
the
public
of
31
noncommercial
community
events
including
but
not
limited
to
32
fairs,
centennials,
festivals,
and
celebrations
open
to
the
33
general
public
and
sponsored
or
approved
by
a
city,
county,
or
34
school
district.
Code
section
306C.23
allows
a
special
event
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sign
to
be
placed
on
private
property
with
permission
of
the
1
owner
at
any
time
during
the
period
beginning
60
days
prior
2
to
the
date
of
the
special
event
and
ending
on
the
day
of
the
3
special
event.
Code
section
306C.23
requires
special
event
4
signs
to
be
removed
not
later
than
24
hours
following
the
end
5
of
the
special
event,
and
prohibits
special
event
signs
where
6
they
may
constitute
a
traffic
hazard
or
a
detriment
to
traffic
7
safety.
8
The
bill
repeals
Code
section
306C.23
and
strikes
the
9
corresponding
definition
of
special
event
sign.
10
The
bill
makes
corresponding
changes
to
Code
chapters
306B
11
and
306C.
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