Bills › 89th General Assembly

SF 548Signed by Governor · April 12, 2021

Relating to the regulation of advertising devices near certain highways

Sponsored by the Senate Transportation Committee

Topics:Transportation

Same legislation: HSB 229, SSB 1220, HF 792

Where it is now

  1. Done: IntroducedFebruary 23, 2021
  2. Done: SubcommitteeFebruary 23, 2021
  3. Done: Senate committeeMarch 3, 2021
  4. Done: Passes the SenateMarch 8, 202148–0
  5. Skipped: House committeeSkipped
  6. Done: Passes the HouseMarch 11, 2021
  7. Done: To the GovernorApril 12, 2021
  8. Done: Signed into lawApril 12, 2021

Signed into law What’s a funnel?

What’s in it

AI summary This bill changes the rules for outdoor signs and advertisements located near interstate and primary highways. It updates the definition of an advertising device and removes several exceptions that currently allow certain signs, like those for property sales or community events, to be placed near roadways. These changes also remove rules regarding flashing lights on public service signs and how the Department of Transportation manages sign spacing.1

Read the official explanation

Under current law, Code chapter 306B provides rules, regulations, and requirements relating to advertising devices along interstate highways. Code chapter 306C provides rules, regulations, and requirements relating to advertising devices along certain primary highways, including the dimensions, lighting, and distances from one another, from cities and unincorporated areas, and from the traveled portion of the roadway. For purposes of both Code chapters, this bill redefines “advertising device” to mean any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other device designed, intended, or used to advertise or inform, for which remuneration is paid or earned in exchange for its erection, display, or existence by any person, and which is visible from the traveled portion of the applicable highway. The bill also defines “remuneration”. In Code chapter 306B, the bill strikes the definition of “national policy” which under the bill would no longer appear in the Code chapter. The bill strikes existing exceptions to the prohibition against advertising devices erected or maintained within 660 feet of the edge of the right-of-way of the interstate system including for directional or other official signs or notices, advertising devices which indicate the sale or lease of the property upon which such devices are located or which advertise activities being conducted on the property where the devices are located, and advertising devices which are designed to give information in the specific interest of the traveling public. Under current law, advertising devices concerning the sale or lease of property upon which they are located, advertising devices concerning activities conducted on the property on which they are located, official and directional signs and notices, and signs with the publication title of a newspaper on a delivery receptacle attached to a mailbox or mailbox support are all authorized to be erected or maintained near any primary highway. The bill strikes these authorizations. The bill strikes the requirement that the department of transportation (DOT) promulgate rules relating to the criteria for on-premise signs. §131(c) shall not be taken into consideration in determining compliance with spacing requirements. Under current law, advertising devices giving public service information such as but not limited to time, date, temperature, weather, news, and similar information are exempt from the prohibition against flashing, intermittent, or moving lights. The bill strikes this exemption.3 which requires the DOT to promulgate and enforce rules consistent with the safety of the traveling public and in compliance with national policy governing the erection, maintenance, and frequency of advertising devices within 660 feet of the edge of the right-of-way of the interstate system, as authorized under Code chapter 306B, and which are outside of commercial and industrial zones. Under current law, a special event sign is a temporary advertising device, not larger than square feet in area, erected for the purpose of notifying the public of noncommercial community events including but not limited to fairs, centennials, festivals, and celebrations open to the general public and sponsored or approved by a city, county, or school district.23 allows a special event sign to be placed on private property with permission of the owner at any time during the period beginning days prior to the date of the special event and ending on the day of the special event.23 requires special event signs to be removed not later than hours following the end of the special event, and prohibits special event signs where they may constitute a traffic hazard or a detriment to traffic safety.23 and strikes the corresponding definition of special event sign. The bill makes corresponding changes to Code chapters 306B and 306C.

Full bill text · What changed before it passed2

Senate subcommittee

Named February 23, 2021 (as SSB 1220). Meeting: Thursday, February 25 · 9:30 AM · 217 Conference Room.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill changes how outdoor advertising along interstate highways is defined to ensure Iowa follows federal law. Enacting the bill would prevent the loss of approximately $53.2 million annually in federal highway funds.3

Read the fiscal note

Description

Senate File 548 relates to outdoor advertising along interstate highways. The Bill amends the definition of “advertising device” by making it contingent on renumeration paid or earned in exchange for erection, display, or existence of the device. The Bill also strikes various provisions in Iowa Code chapters 306B and 306C that are obsolete under the new definition of “advertising device.” Current Iowa statute may not be in compliance with federal law regulating outdoor advertising along federal interstates and primary highways.

Background

Under federal law, the State of Iowa must maintain effective control of outdoor advertising along interstates and primary roadways as defined in 23 CFR §750.705. If Iowa’s current law is out of compliance with federal regulations, the State would be subject to a 10.0% penalty to annual federal aid funding to highways pursuant to 23 U.S.C. §131.

Currently, outdoor advertising along interstates and primary State highways is regulated based on reading the content of a sign, such as a sign providing directions and times of special events, and then applying regulation based on the type of sign. Past court cases such as Reed v. Town of Gilbert and Willson v. City of Bel-Nor have challenged regulation of this nature as a violation of the First Amendment (Freedom of Speech), and Iowa currently regulates signs in a similar manner. If Iowa regulations are found to be unconstitutional, the State would no longer have effective control of outdoor advertising and would be subject to penalty. Texas, Oregon, Tennessee, and Kentucky have similar forms of sign regulation and have not had constitutional challenges.

Fiscal Impact

Senate File 548 is expected to keep Iowa’s outdoor advertising regulations in compliance with federal law. Enactment of the Bill would prevent the loss of approximately $53.2 million annually in federal highway funds.

Sources

  • Legislative Services Agency
  • Department of Transportation

Reading a fiscal note4

Iowa Code it changes

Amends§306B.1§306B.2§306C.10§306C.11§306C.12§306C.13§306C.18

Repeals§306B.3§306C.23

How the Code works5

Lobbying

4 for · 0 against · 5 undecided · Who →

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