House File 49 - Introduced
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 campaign signs from the primary
2 highway right=of=way and establishing a fee.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1423YH 81
5 dea/sh/8
PAG LIN
1 1 Section 1. Section 319.13, Code 2005, is amended to read
1 2 as follows:
1 3 319.13 RIGHT AND DUTY TO REMOVE REMOVAL OF TEMPORARY
1 4 OBSTRUCTIONS == CAMPAIGN 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=
1 11 of=way of any public highway shall without notice or liability
1 12 in damages be removable and the costs thereof assessed
1 13 against:
1 14 1. a. The owner of any billboard, advertising sign or
1 15 device so removed.
1 16 2. b. The vehicle owner in the case of abandoned vehicles.
1 17 3. c. The abutting property in the case of fences other
1 18 than right of way right=of=way line fences and other temporary
1 19 obstructions placed by the owner of or tenant on said
1 20 property.
1 21 4. d. The owner or person responsible for placement of all
1 22 other obstructions.
1 23 2. Any such obstruction not constituting an immediate and
1 24 dangerous hazard shall be removed without liability after
1 25 forty=eight hour notice served in the same manner in which an
1 26 original notice is served, or in writing by certified mail, or
1 27 in any other manner reasonably calculated to apprise the
1 28 person responsible for the obstruction that the obstruction
1 29 will be removed at the expense of such person after the notice
1 30 is given.
1 31 3. Such removal and assessment of cost in the case of
1 32 primary roads shall be by the department and in the case of
1 33 secondary roads by the board of supervisors.
1 34 4. Upon removal of the obstruction, the highway authority
1 35 may immediately send a statement of the cost of removal to the
2 1 person responsible for the obstruction. If within ten days
2 2 after sending the statement the cost is not paid, the highway
2 3 authority may institute proceeding in the district court
2 4 system to collect the cost of removal.
2 5 5. If the obstruction is a campaign sign placed or erected
2 6 on the right=of=way of a highway under the jurisdiction of the
2 7 department, the department shall charge the political
2 8 committee or candidate's committee that owns the sign or is
2 9 responsible for placement of the sign a fee of twenty=five
2 10 dollars in addition to the department's costs for removal of
2 11 the sign. The department shall remove a campaign sign that
2 12 constitutes an immediate hazard without notice as provided in
2 13 subsection 1. In all other cases, upon a determination by the
2 14 Iowa ethics and campaign disclosure board that a sign has been
2 15 improperly placed pursuant to section 68A.406, the department
2 16 shall provide the notice required in subsection 2 of this
2 17 section to the political committee or candidate's committee
2 18 that owns the sign or is responsible for placement of the sign
2 19 stating that the sign will be removed and that costs and a fee
2 20 will be assessed against the political committee or
2 21 candidate's campaign fund. Upon removal of the campaign sign
2 22 and assessment of the costs and fee, the department shall
2 23 notify the Iowa ethics and campaign disclosure board by
2 24 ordinary mail or comparable electronic communication that the
2 25 costs and fee were assessed against the political committee or
2 26 candidate's campaign fund.
2 27 Fees collected by the department pursuant to this
2 28 subsection shall be deposited in the keep Iowa beautiful fund
2 29 created in section 314.28.
2 30 Sec. 2. Section 319.15, Code 2005, is amended to read as
2 31 follows:
2 32 319.15 DEFINITION DEFINITIONS.
2 33 As used in this chapter, unless the context otherwise
2 34 requires, "department":
2 35 1. "Campaign sign" means an outdoor sign of a temporary
3 1 nature erected for the purpose of soliciting votes or support
3 2 for or in opposition to any candidate or any political party
3 3 under whose designation any candidate is seeking nomination or
3 4 election or any public question on the ballot in an election
3 5 held under the laws of this state.
3 6 2. "Department" means the state department of
3 7 transportation.
3 8 EXPLANATION
3 9 This bill provides that a political committee or
3 10 candidate's committee shall be charged a $25 fee, plus actual
3 11 costs, for removal of a campaign sign owned or placed by the
3 12 committee on a highway right=of=way under the jurisdiction of
3 13 the state department of transportation. Unless the campaign
3 14 sign constitutes an immediate hazard, the department will act
3 15 upon a determination by the Iowa ethics and campaign
3 16 disclosure board that a sign has been improperly placed. The
3 17 department is required to give 48 hours' notice to a committee
3 18 that its sign will be removed and a fee and costs assessed.
3 19 Upon removal of a campaign sign and assessment of the costs
3 20 and fee, the department shall notify the Iowa ethics and
3 21 campaign disclosure board that the costs and fee were assessed
3 22 against the political committee or candidate's campaign fund.
3 23 Fees collected for removal of campaign signs shall be
3 24 deposited in the keep Iowa beautiful fund.
3 25 LSB 1423YH 81
3 26 dea/sh/8