Bill Text: IA SF548 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to the regulation of advertising devices near certain highways. (Formerly SSB 1220.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-06-08 - Fiscal note. [SF548 Detail]
Download: Iowa-2021-SF548-Enrolled.html
Senate
File
548
-
Enrolled
Senate
File
548
AN
ACT
RELATING
TO
THE
REGULATION
OF
ADVERTISING
DEVICES
NEAR
CERTAIN
HIGHWAYS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
306B.1,
subsection
1,
Code
2021,
is
amended
to
read
as
follows:
1.
“Advertising
device”
includes
means
any
outdoor
sign,
display,
device,
figure,
painting,
drawing,
message,
placard,
poster,
billboard,
or
any
other
device
designed,
intended,
or
used
to
advertise
or
to
give
information
in
the
nature
of
advertising
inform,
for
which
remuneration
is
paid
or
earned
in
exchange
for
its
erection,
display,
or
existence
by
any
person,
and
having
the
capacity
of
being
which
is
visible
from
the
traveled
portion
of
any
highway
of
the
interstate
system
in
this
state.
Sec.
2.
Section
306B.1,
subsection
4,
Code
2021,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
4.
“Remuneration”
means
the
exchange
of
anything
of
value,
including
but
not
limited
to
money,
securities,
real
property
interests,
personal
property
interests,
goods,
services,
future
consideration,
exchange
of
favor,
or
forbearance
of
debt.
Sec.
3.
Section
306B.2,
Code
2021,
is
amended
to
read
as
follows:
306B.2
Advertising
prohibited
——
exceptions.
Senate
File
548,
p.
2
No
An
advertising
device
shall
not
be
erected
or
maintained
within
six
hundred
sixty
feet
of
the
edge
of
the
right-of-way
of
the
interstate
system
except
the
following:
1.
Directional
or
other
official
signs
or
notices
that
are
erected
by
public
officers
or
agencies
and
required
or
authorized
by
law.
2.
Advertising
devices
in
compliance
with
national
policy
and
rules
promulgated
by
the
department
which
indicate
the
sale
or
lease
of
the
property
upon
which
such
devices
are
located
or
which
advertise
activities
being
conducted
on
the
property
where
the
devices
are
located
providing
said
rules
promulgated
by
the
said
department
shall
not
be
more
restrictive
than
required
to
conform
to
the
national
standards
as
set
forth
in
Tit.
23,
United
States
Code.
3.
Advertising
devices
in
compliance
with
national
policy
and
rules
promulgated
by
the
department
which
are
designed
to
give
information
in
the
specific
interest
of
the
traveling
public.
4.
Advertising
devices
that
are
located
in
areas
zoned
and
used
for
commercial
or
industrial
purposes
under
authority
of
law,
regulation,
or
ordinance
of
this
state
or
a
political
subdivision
of
this
state.
For
purposes
of
this
subsection
section
,
“areas
zoned
and
used
for
commercial
or
industrial
purposes”
means
an
area
zoned
for
commercial
or
industrial
purposes
in
accordance
with
chapter
414
,
in
the
case
of
city
zoning,
or
in
accordance
with
chapter
335
,
in
the
case
of
county
zoning,
in
which
one
or
more
commercial
or
industrial
activities,
as
defined
under
the
city
or
county
zoning
ordinance,
are
located.
Sec.
4.
Section
306C.10,
subsections
2
and
3,
Code
2021,
are
amended
to
read
as
follows:
2.
“Advertising
device”
includes
means
any
outdoor
sign,
display,
device,
figure,
painting,
drawing,
message,
placard,
poster,
billboard,
or
any
other
device
designed,
intended,
or
used
to
advertise
or
give
information
in
the
nature
of
advertising,
inform,
for
which
remuneration
is
paid
or
earned
in
exchange
for
its
erection,
display,
or
existence
by
any
person,
and
having
the
capacity
of
being
which
is
visible
from
the
traveled
portion
of
any
primary
highway.
Senate
File
548,
p.
3
3.
“Bonus
interstate
highways”
includes
all
interstate
highways
except
those
interstate
highways
adjacent
to
areas
excepted
from
control
under
chapter
306B
by
authority
of
section
306B.2
,
subsection
4
.
Sec.
5.
Section
306C.10,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
15A.
“Remuneration”
means
the
exchange
of
anything
of
value,
including
but
not
limited
to
money,
securities,
real
property
interests,
personal
property
interests,
goods,
services,
future
consideration,
exchange
of
favor,
or
forbearance
of
debt.
Sec.
6.
Section
306C.10,
subsection
18,
Code
2021,
is
amended
by
striking
the
subsection.
Sec.
7.
Section
306C.11,
subsections
1
and
2,
Code
2021,
are
amended
by
striking
the
subsections.
Sec.
8.
Section
306C.11,
subsection
3,
paragraph
b,
subparagraph
(3),
Code
2021,
is
amended
by
striking
the
subparagraph.
Sec.
9.
Section
306C.11,
subsections
4
and
6,
Code
2021,
are
amended
by
striking
the
subsections.
Sec.
10.
Section
306C.12,
Code
2021,
is
amended
to
read
as
follows:
306C.12
None
visible
from
highway.
An
advertising
device
shall
not
be
constructed
or
reconstructed
beyond
the
adjacent
area
in
unincorporated
areas
of
the
state
if
it
is
visible
from
the
main-traveled
way
of
any
primary
highway
except
for
advertising
devices
permitted
in
section
306C.11,
subsections
1
and
2
.
Any
advertising
device
permitted
beyond
an
adjacent
area
in
unincorporated
areas
of
the
state
shall
be
subject
to
the
applicable
permit
provisions
of
section
306C.18
.
Sec.
11.
Section
306C.13,
subsections
2
and
3,
Code
2021,
are
amended
to
read
as
follows:
2.
Advertising
devices
located
within
the
adjacent
area
of
nonfreeway
primary
highways
shall
not
be
erected
or
maintained
closer
than
one
hundred
feet
to
another
advertising
device
facing
in
the
same
direction
than
one
hundred
feet
if
inside
the
corporate
limits
of
a
municipality.
No
An
advertising
device
,
other
than
as
excepted
or
permitted
by
subsection
Senate
File
548,
p.
4
4,
5,
or
6
,
shall
not
be
located
within
the
triangular
area
formed
by
the
line
connecting
two
points
each
fifty
feet
back
from
the
point
where
the
street
right-of-way
lines
of
the
main-traveled
way
and
the
intersecting
street
meet,
or
would
meet,
if
extended.
3.
Advertising
devices
located
within
the
adjacent
area
of
nonfreeway
primary
highways
shall
not
be
erected
or
maintained
closer
than
three
hundred
feet
to
another
advertising
device
facing
in
the
same
direction
than
three
hundred
feet
if
outside
the
corporate
limits
of
a
municipality.
No
An
advertising
device
,
other
than
those
excepted
or
permitted
by
subsection
4,
5,
or
6
,
shall
not
be
located
within
the
triangular
area
formed
by
a
line
connecting
two
points
each
one
hundred
feet
back
from
the
point
where
the
street
right-of-way
lines
of
the
main-traveled
way
and
the
intersecting
street
meet,
or
would
meet,
if
extended.
Sec.
12.
Section
306C.13,
subsection
6,
Code
2021,
is
amended
by
striking
the
subsection.
Sec.
13.
Section
306C.13,
subsection
8,
paragraphs
c
and
g,
Code
2021,
are
amended
to
read
as
follows:
c.
Which
contain,
include,
or
are
illuminated
by
any
flashing,
intermittent,
or
moving
light
or
lights,
except
those
giving
public
service
information
such
as,
but
not
limited
to
time,
date,
temperature,
weather,
news
and
similar
information
.
g.
The
standards
contained
in
this
section
pertaining
to
size,
lighting,
and
spacing
shall
not
apply
to
advertising
devices
erected
or
maintained
within
six
hundred
sixty
feet
of
the
right-of-way
of
those
portions
of
the
interstate
highway
system
exempted
from
control
under
chapter
306B
by
authority
of
section
306B.2,
subsection
4
,
nor
to
advertising
devices
erected
and
maintained
within
adjacent
areas
along
noninterstate
primary
highways
within
zoned
and
unzoned
commercial
and
industrial
areas,
unless
said
advertising
devices
were
erected
subsequent
to
July
1,
1972.
Sec.
14.
Section
306C.18,
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
The
owner
of
every
advertising
device
regulated
by
this
chapter
,
except
signs
and
advertising
devices
excepted
by
section
306C.11
,
subsections
1,
2,
and
5
,
and
official
signs
Senate
File
548,
p.
5
erected
by
public
officers
or
agencies,
subsection
3,
shall
be
required
to
make
application
to
the
department
for
a
permit.
Sec.
15.
REPEAL.
Sections
306B.3
and
306C.23,
Code
2021,
are
repealed.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
548,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor