Bill Text: WV SCR60 | 2022 | Regular Session | Introduced
Bill Title: Requesting Joint Committee on Government and Finance study outdoor advertising and propose updates to state's outdoor advertising laws and regulations
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2022-03-10 - To House Rules [SCR60 Detail]
Download: West_Virginia-2022-SCR60-Introduced.html
SENATE CONCURRENT RESOLUTION 60
(By Senators Karnes, Jeffries, Clements, Boley, Maynard, and Roberts)
[Originating in the Committee on Transportation and Infrastructure; Reported on March 8, 2022]
Requesting the Joint Committee on Government and Finance study outdoor advertising and propose updates to the state’s outdoor advertising laws and regulations, including allowing temporary signage that complies with federal law and regulations.
Whereas, There have been multiple attempts by the West Virginia Legislature to update state law on outdoor advertising, W.Va. Code §17-22-1 et seq., including Senate Bill 116 (2022), Senate Bills 329 and 615 and House Bill 3104 (2021), Senate Bill 497 (2020), House Bill 2701 (2019), Senate Bill 309 and House Bill 2365 (2018), and House Bill 2365 (2017), and some of this legislation sought to allow for temporary signage, including Senate Bill 116 (2022); and
Whereas, The West Virginia Division of Highways (DOH) typically points out in fiscal notes concerning such bills that the bills appear to violate federal law and regulations, as well as the Division of Highways’ January 6, 1969, agreement with the Federal Highway Administration (FHWA), and that this 1969 agreement contains no provisions to regulate temporary outdoor advertising signing; and
Whereas, Most sections in W.Va. Code §17-22-1 et seq. were enacted in 1939 or 1969 and have not been substantially updated since that time, despite changing needs, at least one U.S. Supreme Court opinion addressing temporary directional signs, and other developments; and
Whereas, Temporary outdoor advertising is an important tool for tourism and economic ventures, and temporary signage could be used to inform the public of fairs, festivals, special sales, and other worthy events; and
Whereas, Oregon law, Oregon Revised Statutes §377.735, makes special mention of temporary signs, indicating that signs that are up for less than 60 days in a year and are no more than 12 square feet and not posted for compensation may be exempt from needing a permit, further indicating that a state may enact temporary sign legislation without violating federal law and without jeopardizing federal funding; and
Whereas, The Division of Highways and the West Virginia Legislature should examine how outdoor advertising laws may be modernized to benefit the state; and
Whereas, The Division of Highways should consider updating Title 157, Series 6, of the Code of State Rules, a rule that contains provisions concerning outdoor advertising; and
Whereas, The Division of Highways and Department of Transportation should examine if and how the State Road Commission of West Virginia’s January 6, 1969, agreement with the United States of America, by the Secretary of Transportation, acting through the Federal Highway Administrator, may need to be revised to benefit the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study outdoor advertising and propose updates to the state’s outdoor advertising laws and regulations, including allowing temporary signage that complies with federal law and regulations; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
