03RS HB189


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HB 189 (BR 396) - P. Bather

     AN ACT relating to highway signs.
     Create new sections of KRS Chapter 177, to permit vegetation control obscuring outdoor advertising devices located on interstates in a county containing a local government that has been consolidated under the provisions of KRS Chapter 67C; define "advertising device", "advertising device viewing zone", "cabinet", "interstate", "multiple message system", "permit", and "trim or prune"; allow the owner of a legally erected advertising device to apply to the Transportation Cabinet for a permit to trim or prune vegetation obscuring an advertising device viewing zone; establish a $100 fee for the permit; specify information to be included in a permit application; require the cabinet to approve or deny a permit application within 45 days of receipt of the application; require all permit applications approved to be accompanied by a $2,500 performance bond; provide for a permit to be valid for one year from the date it is issued; require the cabinet to conduct monthly inspections to ensure the vegetation control is being conducted in compliance with the permit; require all trimming and pruning to be performed by an International Society of Arborculture certified arborist; require a person that violates the provisions of the permit application to be fined $100 per day for each day the person is not in compliance with the permit; require owners of illegally erected advertising devices anywhere in the state to remove the illegal device not later than July 1, 2004; provide a penalty of $100 per day for each day the owner of an illegal device fails to remove the device; provide that the cabinet shall not be required to pay just compensation to the owner of an illegal device; provide that penalties relating to illegal devices shall not be subject to conditional discharge, suspension, or other forms of reduction of penalty by judicial discretion.

     Jan 9-introduced in House
     Jan 10-to Transportation (H)

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