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SSSB 181: "An Act relating to the promotion of Alaska businesses through signs, displays, and devices within or adjacent to highway rights-of-way, to municipal regulation of directional signs, displays, and devices, and to penalties for violations related to outdoor advertising."

00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181                                                                              
01 "An Act relating to the promotion of Alaska businesses through signs, displays,                                         
02 and devices within or adjacent to highway rights-of-way, to municipal regulation                                        
03 of directional signs, displays, and devices, and to penalties for violations related                                    
04 to outdoor advertising."                                                                                                
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 19.25.105(a) is amended to read:                                                                    
07  (a)  Outdoor advertising may not be erected or maintained within 660 feet of                                          
08 the nearest edge of the right-of-way and visible from the main-traveled way of the                                      
09 interstate, primary, or secondary highways in this state except the following:                                          
10   (1)  directional and other official signs and notices which include, but                                             
11 are not limited to, signs and notices pertaining to natural wonders, scenic and historic                                
12 attractions, which are required or authorized by law, and which shall conform to                                        
13 federal standards for interstate and primary systems;                                                                   
14   (2)  signs, displays, and devices advertising the sale or lease of property                                          
01 upon which they are located or advertising activities conducted on the property upon                                   
02 which they are located;                                                                                                
03   (3)  signs determined by the state, subject to concurrence of the United                                             
04 States Department of Transportation, to be landmark signs, including signs on farm                                      
05 structures, or natural surfaces, of historic or artistic significance, the preservation of                              
06 which would be consistent with the provisions of this chapter;                                                          
07   (4)  directional signs and notices pertaining to schools;                                                            
08   (5)  advertising on bus benches or bus shelters, and adjacent trash                                                  
09 receptacles, if the state determines that the advertising conforms to local, state, and                                 
10 federal standards for interstate and primary highways;                                                                 
11   (6)  signs whose size, lighting, and spacing are approved by the                                                     
12 United States Department of Transportation, may be erected and maintained                                               
13 outside of the right-of-way adjacent to interstate and primary highways in areas                                        
14 zoned industrial or commercial or in unzoned commercial or industrial areas as                                          
15 may be determined by agreement with the United States Department of                                                     
16 Transportation; under this paragraph, the signs                                                                         
17   (A)  must be for an individual business entity that is of                                                           
18 significant interest to the traveling public as evidenced by documentation                                              
19 that at least 25 percent of the entity's gross business receipts are from                                               
20 motorists residing more than 20 miles from the business;                                                                
21   (B)  must be consistent with format and size standards                                                              
22 established by the department;                                                                                          
23   (C)  may be located on private property;                                                                            
24   (D)  must provide only directional information;                                                                     
25   (E)  must indicate the specific business entity; and                                                                
26   (F)  must be located                                                                                                
27   (i)  if the business entity is physically located on an                                                            
28 interstate or primary highway, within one mile of the physical                                                          
29 location of the business entity; or                                                                                     
30   (ii)  if the business entity is physically located on a                                                            
31 road that is not an interstate or primary highway, within six miles                                                     
01 of the nearest junction of the road with an interstate or primary                                                       
02 highway.                                                                                                               
03    * Sec. 2.  AS 19.25.105(d) is amended to read:                                                                       
04  (d)  Outdoor advertising may not be erected or maintained within the                                                  
05 right-of-way of an interstate, primary, or secondary highway except that                                                
06   (1)  outdoor advertising is allowed on bus benches and bus shelters, and                                           
07 adjacent trash receptacles, located within the right-of-way under the authority of a                                    
08 permit issued under AS 19.25.200, if the bus benches or bus shelters are located within                                 
09 a borough or unified municipality and the buses that stop at that location operate                                      
10 during the entire year;                                                                                               
11   (2)  signs within the right-of-way that give specific business                                                      
12 information in the interest of the traveling public may be erected and maintained                                       
13 to the extent permitted under federal law and under departmental regulations                                            
14 governing tourist oriented directional signs.                                                                          
15    * Sec. 3.  AS 19.25.130 is amended to read:                                                                          
16  Sec. 19.25.130.  PENALTY FOR VIOLATION.  A person who violates                                                        
17 AS 19.25.080 - 19.25.180, or a regulation adopted under AS 19.25.080 - 19.25.180                                       
18 [THEM], is guilty of a violation [MISDEMEANOR] and upon conviction is                                                
19 punishable by a fine of not less than $50 nor more than $1,000.                                                         
20    * Sec. 4.  AS 19.25.180 is amended by adding a new subsection to read:                                               
21  (b)  A municipality may enact by ordinance standards for directional signs,                                           
22 displays, and devices that have been adopted by the department.                                                         
23    * Sec. 5.  AS 19.45.002 is amended to read:                                                                          
24  Sec. 19.45.002.  PENALTIES.  A person who violates a [ANY] provision of                                             
25 AS 19.05 - AS 19.25, other than a provision of AS 19.25.080 - 19.25.180, is guilty                                    
26 of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor                                   
27 more than $500, or by imprisonment in jail for a period not to exceed one year, or by                                   
28 both.                                                                                                                   
29    * Sec. 6.  17 AAC 20.010 is annulled.