Text: HF00483 Text: HF00485 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 319.13, Code 2003, is amended to read 1 2 as follows: 1 3 319.13RIGHT AND DUTY TO REMOVEREMOVAL OF TEMPORARY 1 4 OBSTRUCTIONS – POLITICAL SIGNS. 1 5 1. If the following constitute an immediate and dangerous 1 6 hazard, all billboards, advertising signs or devices, fences 1 7 other thanright of wayright-of-way boundary fences, or any 1 8 temporary obstruction, including abandoned vehicles except 1 9 signs or devices authorized by law or approved by the highway 1 10 authorities, placed or erected upon theright of wayright-of- 1 11 way of any public highway shall without notice or liability in 1 12 damages be removable and the costs thereof assessed against: 1 131.a. The owner of any billboard, advertising sign or 1 14 device so removed. 1 152.b. The vehicle owner in the case of abandoned vehicles. 1 163.c. The abutting property in the case of fences other 1 17 thanright of wayright-of-way line fences and other temporary 1 18 obstructions placed by the owner of or tenant on said 1 19 property. 1 204.d. The owner or person responsible for placement of all 1 21 other obstructions. 1 22 2. Any such obstruction not constituting an immediate and 1 23 dangerous hazard shall be removed without liability after 1 24 forty-eight hour notice served in the same manner in which an 1 25 original notice is served, or in writing by certified mail, or 1 26 in any other manner reasonably calculated to apprise the 1 27 person responsible for the obstruction that the obstruction 1 28 will be removed at the expense of such person after the notice 1 29 is given. 1 30 3. Such removal and assessment of cost in the case of 1 31 primary roads shall be by the department and in the case of 1 32 secondary roads by the board of supervisors. 1 33 4. Upon removal of the obstruction, the highway authority 1 34 may immediately send a statement of the cost of removal to the 1 35 person responsible for the obstruction. If within ten days 2 1 after sending the statement the cost is not paid, the highway 2 2 authority may institute proceeding in the district court 2 3 system to collect the cost of removal. 2 4 5. If the obstruction is a political sign placed or 2 5 erected on the right-of-way of a highway under the 2 6 jurisdiction of the department, the department shall charge a 2 7 fee of twenty-five dollars in addition to the department's 2 8 costs for removal of the sign. The department shall remove a 2 9 political sign that constitutes an immediate hazard without 2 10 notice as provided in subsection 1, or if the sign does not 2 11 constitute an immediate hazard, the department shall provide 2 12 the notice required in subsection 2 to the political committee 2 13 or candidate's committee that owns the sign or is responsible 2 14 for placement of the sign stating that the sign will be 2 15 removed and that costs and a fee will be assessed against the 2 16 political committee or candidate's campaign fund. Upon 2 17 removal of the political sign and assessment of the costs and 2 18 fee, the department shall notify the ethics and campaign 2 19 disclosure board by ordinary mail or comparable electronic 2 20 communication that the costs and fee were assessed against the 2 21 political committee or candidate's campaign fund. 2 22 Fees collected by the department pursuant to this 2 23 subsection shall be deposited in the keep Iowa beautiful fund 2 24 created in section 314.28. 2 25 Sec. 2. Section 319.15, Code 2003, is amended to read as 2 26 follows: 2 27 319.15DEFINITIONDEFINITIONS. 2 28 As used in this chapter, unless the context otherwise 2 29 requires, "department": 2 30 1. "Department" means the state department of 2 31 transportation. 2 32 2. "Political sign" means an outdoor sign of a temporary 2 33 nature erected for the purpose of soliciting votes or support 2 34 for or in opposition to any candidate or any political party 2 35 under whose designation any candidate is seeking nomination or 3 1 election or any public question on the ballot in an election 3 2 held under the laws of this state. 3 3 EXPLANATION 3 4 This bill requires that a political committee or 3 5 candidate's committee shall be charged a $25 fee, plus actual 3 6 costs, for removal of a political sign owned or placed by the 3 7 committee on a highway right-of-way under the jurisdiction of 3 8 the state department of transportation. Unless the political 3 9 sign constitutes an immediate hazard, the department is 3 10 required to give 48 hours' notice that the political sign will 3 11 be removed and a fee and costs assessed. Upon removal of a 3 12 political sign and assessment of the costs and fee, the 3 13 department shall notify the Iowa ethics and campaign 3 14 disclosure board that the costs and fee were assessed against 3 15 the political committee or candidate's campaign fund. Fees 3 16 collected for removal of political signs shall be deposited in 3 17 the keep Iowa beautiful fund. 3 18 LSB 2751YH 80 3 19 dea/sh/8
Text: HF00483 Text: HF00485 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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