House File 484
HOUSE FILE
BY THOMAS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the removal of political signs from the
2 primary highway right=of=way and establishing a fee.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2751YH 80
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PAG LIN
1 1 Section 1. Section 319.13, Code 2003, is amended to read
1 2 as follows:
1 3 319.13 RIGHT AND DUTY TO REMOVE REMOVAL 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 than right of way right=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 the right of way right=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 13 1. a. The owner of any billboard, advertising sign or
1 14 device so removed.
1 15 2. b. The vehicle owner in the case of abandoned vehicles.
1 16 3. c. The abutting property in the case of fences other
1 17 than right of way right=of=way line fences and other temporary
1 18 obstructions placed by the owner of or tenant on said
1 19 property.
1 20 4. 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 27 319.15 DEFINITION DEFINITIONS.
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
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