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CSHB 230(TRA): "An Act relating to political signs on private property."

00 CS FOR HOUSE BILL NO. 230(TRA) 01 "An Act relating to political signs on private property." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 FINDINGS. The Alaska State Legislature finds that 06 (1) the right to advocate for or against those individuals who would occupy 07 public office and issues of public interest is an inherent right that has been repeatedly affirmed 08 by the courts; and 09 (2) the right to advocate for or against those individuals who would occupy 10 public office and issues of public interest must be subject to only the minimum of restrictions 11 necessary to address a compelling public or government interest. 12 * Sec. 2. AS 19.25.105(a) is amended to read: 13 (a) Outdoor advertising may not be erected or maintained within 660 feet of 14 the nearest edge of the right-of-way and visible from the main-traveled way of the 15 interstate, primary, or secondary highways in this state except the following:

01 (1) directional and other official signs and notices that [WHICH] 02 include, but are not limited to, signs and notices pertaining to natural wonders, scenic 03 and historic attractions, that [WHICH] are required or authorized by law, and that 04 [WHICH SHALL] conform to federal standards for interstate and primary systems; 05 (2) signs, displays, and devices advertising the sale or lease of property 06 upon which they are located or advertising activities conducted on the property; 07 (3) signs determined by the state, subject to concurrence of the United 08 States Department of Transportation, to be landmark signs, including signs on farm 09 structures, or natural surfaces, of historic or artistic significance, the preservation of 10 which would be consistent with the provisions of this chapter; 11 (4) directional signs and notices pertaining to schools; 12 (5) advertising on bus benches or bus shelters, and adjacent trash 13 receptacles, if the state determines that the advertising conforms to local, state, and 14 federal standards for interstate and primary highways; [.] 15 (6) political signs on private property if 16 (A) individual or conjoined signs do not exceed 32 square 17 feet total per side; 18 (B) signs are temporary; 19 (C) the signs do not interfere with, obstruct, confuse, or 20 mislead traffic or pose a traffic hazard; 21 (D) the signs are consistent with regulations adopted by the 22 department regarding the time and manner for removal of signs that do 23 not have current relevance; in this subparagraph, 24 (i) "current relevance" means the subject matter of 25 a sign is a matter of ongoing public consideration by the public or 26 the date of decision on the subject matter of the sign has not 27 passed; 28 (ii) "date of decision" means the date on which a 29 decision on the subject matter of a sign is no longer subject to 30 influence by public opinion, such as the date of an election for 31 public office or on a ballot measure, action by the governor on a

01 bill passed by the legislature, formal settlement or formal 02 conclusion of an armed conflict, conclusion of contract 03 negotiations, or similar matters for which a date of decision may be 04 ascertained; and 05 (E) no person receives compensation for displaying the 06 signs [REPEALED].