98RS SB233


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SB 233 (BR 1774) - D. Boswell

     AN ACT relating to outdoor advertising devices.
     Amend KRS 177.830, relating to definitions governing billboard advertising, to define "billboard viewing zone", "screening", "routine maintenance", "destroyed", and "routine change of message"; amend KRS 177.850, relating to the purpose of regulating billboard advertising, to include providing standards for the opening of views to business and legally erected billboards that have been obscured by vegetation; amend KRS 177.860, relating to standards for billboard advertising, to permit routine maintenance to be performed on billboards and for the routine change of message on billboards; amend KRS 177.863, relating to prohibited billboards, to establish a process for persons to apply for a permit to conduct a selective vegetation control plan for billboards, permit non-conforming billboards to continue to exist after the effective date of this act, and establish guidelines for when off-premise non-conforming, but otherwise legal billboards may be removed; amend KRS 177.870, relating to declaring billboards to be a public nuisance to order their removal, to require the department of highways to give written notice to remove a billboard that is a public nuisance to the owner of the land where the billboard is located and to the owner of the billboard; provide that if the billboard is not removed within 30 days the department may remove the billboard without notice; require the department to promulgate administrative regulations to establish guidelines for the removal of billboards and to govern an appeal process; establish a fine of $100 per day for each day a person fails to remove a billboard violating the provisions of this act.


     SCS - Retain original provisions, except disallow replacement or addition of new poles; prohibit clear-cutting of vegetation that screens advertising devices; allow for removal of an advertising device for which a permit has been issued or designated as non-conforming, found to be in violation of KRS 177.830 to 177.890.
     HCS - Retain the provisions of the original bill with the following changes: delete subsection (5) of Section 2 in its entirety and insert in lieu thereof provisions for the Transportation Cabinet to issue permits for vegetation control within the viewing zone of a billboard; provide for the work to be done by either the Transportation Cabinet or by a person who has a contract with the cabinet; require the cabinet to promulgate administrative regulations to establish standards for vegetation control; in Section 5 amend the provisions to relate to illegal billboards; require the Transportation Cabinet to give the owner of a billboard notice prior to imposing a fine and clarify that the person must intentionally or knowingly violate the billboard laws before being subject to a $100 fine per day; establish a time frame before fines begin to be levied by the cabinet.
     HFA (1, J. Jenkins) - Require a 24-hour waiting period prior to a vegetation control permit being issued; require owner of a billboard to travel to Frankfort, provide proof of overnight lodging, and personally pick up permit for vegetation control; require the owner to sign an affidavit that they have reviewed literature published by the Transportation Cabinet depicting the horror and carnage of vegetation that has been cut, trimmed, or removed from the view of a billboard; require the owner to sign an affidavit that their decision to apply for a vegetation control permit is based on fact and logic and not emotion.
     HFA (2, B. Heleringer) - Require a billboard to be reduced in size to comply with the billboard viewing zone established in Section 1 of the bill if vegetation of any kind screens or obstructs the message on the billboard.
     HFA (3, B. Heleringer) - Give any citizen over the age of 18 standing to file suit to challenge potentially unlawful cutting, trimming, or removal of vegetation that obscures a billboard in the county where the vegetation is located.

     Jan 29-introduced in Senate
     Feb 2-to Transportation (S)
     Feb 25-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 26-2nd reading, to Rules
     Feb 27-posted for passage in the Regular Orders of the Day for March 2, 1998
     Mar 2-3rd reading, passed 26-6 with Committee Substitute
     Mar 3-received in House
     Mar 4-to Transportation (H)
     Mar 10-posted in committee
     Mar 20-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 23-2nd reading, to Rules; floor amendments (1) and (2) filed to Committee Substitute
     Mar 24-floor amendment (3) filed to Committee Substitute
     Mar 25-recommitted to Appropriations and Revenue (H)

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