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SCS CSHB 230(STA): "An Act relating to political signs on private property."

00                SENATE CS FOR CS FOR HOUSE BILL NO. 230(STA)                                                             
01 "An Act relating to political signs on private property."                                                               
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
04 to read:                                                                                                                
05       INTENT.  It is the intent of the Alaska State Legislature that political signs on private                         
06 property not pose an opportunity for indirect commercial advertising.                                                   
07    * Sec. 2.  AS 19.25.075 is amended by adding a new subsection to read:                                             
08            (c)  The Alaska State Legislature finds that                                                                 
09                 (1)  the right to advocate for or against those individuals who would                                   
10       occupy public office and issues of public interest is an inherent right that has been                             
11       repeatedly affirmed by the courts; and                                                                            
12                 (2)  the right to advocate for or against those individuals who would                                   
13       occupy public office and issues of public interest must be subject to only the minimum                            
14       of restrictions necessary to address a compelling public or government interest.                                  
15    * Sec. 3.  AS 19.25.105(a) is amended to read:                                                                     
01            (a)  Outdoor advertising may not be erected or maintained within 660 feet of                                 
02       the nearest edge of the right-of-way and visible from the main-traveled way of the                                
03       interstate, primary, or secondary highways in this state except the following:                                    
04                 (1)  directional and other official signs and notices that [WHICH]                                  
05       include, but are not limited to, signs and notices pertaining to natural wonders, scenic                          
06       and historic attractions, that [WHICH] are required or authorized by law, and that                        
07       [WHICH SHALL] conform to federal standards for interstate and primary systems;                                    
08                 (2)  signs, displays, and devices advertising the sale or lease of property                             
09       upon which they are located or advertising activities conducted on the property;                                  
10                 (3)  signs determined by the state, subject to concurrence of the United                                
11       States Department of Transportation, to be landmark signs, including signs on farm                                
12       structures, or natural surfaces, of historic or artistic significance, the preservation of                        
13       which would be consistent with the provisions of this chapter;                                                    
14                 (4)  directional signs and notices pertaining to schools;                                               
15                 (5)  advertising on bus benches or bus shelters, and adjacent trash                                     
16       receptacles, if the state determines that the advertising conforms to local, state, and                           
17       federal standards for interstate and primary highways; [.]                                                    
18                 (6)  political noncommercial signs on private property if                                           
19                      (A)  individual or conjoined signs do not exceed 32 square                                     
20            feet total per side;                                                                                     
21                      (B)  the signs do not interfere with, obstruct, confuse, or                                    
22            mislead traffic or pose a traffic hazard;                                                                
23                      (C)  the signs are located outside of Department of                                            
24            Transportation and Public Facilities easements; and                                                      
25                      (D)  the signs are consistent with regulations adopted by the                                  
26            department regarding the time and manner for removal of signs that do                                    
27            not have current relevance;  in this subparagraph,                                                       
28                           (i)  "current relevance" means the subject matter of                                      
29                 a sign is a matter of ongoing public consideration by the public and                                
30                 the date of decision on the subject matter of the sign has not                                      
31                 passed;                                                                                             
01                           (ii)  "date of decision" means the date on which a                                        
02                 decision on the subject matter of a sign is no longer subject to                                    
03                 influence by public opinion, such as the date of an election for                                    
04                 public office or on a ballot measure, action by the governor on a                                   
05                 bill passed by the legislature, formal settlement or formal                                         
06                 conclusion of an armed conflict, conclusion of contract                                             
07                 negotiations, or similar matters for which a date of decision may be                                
08                 ascertained [REPEALED].