00                      CS FOR HOUSE BILL NO. 279(TRA)                                                                    
01 "An Act relating to encroachments in the right-of-way of a highway."                                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 19.25.105(d) is amended to read:                                                                  
04            (d)  Outdoor advertising may not be erected or maintained within the right-of-                               
05       way of an interstate, primary, or secondary highway except that outdoor advertising                               
06                 (1)  on [IS ALLOWED ON (1)] 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 is allowed [,] if the bus benches or bus shelters are                        
09       located within a borough or unified municipality and the buses that stop at that                                  
10       location operate during the entire year; or                                                                   
11                 (2)  present in the right-of-way on the effective date of this Act may                              
12       remain until or unless an encroachment permit for the outdoor advertising is                                  
13       denied under AS 19.25.200(c) [REPEALED].                                                                      
14    * Sec. 2.  AS 19.25.200 is amended by adding a new subsection to read:                                             
15            (c)  The department shall issue an encroachment permit to a private person, a                                

01       government agency acting in a business capacity, or an owner or lessee of land                                    
02       contiguous to the right-of-way for an encroachment that on the effective date of this                             
03       Act is present within the right-of-way of an interstate, primary, or secondary highway                            
04       and is not authorized by a written encroachment permit if the department finds that the                           
05       encroachment does not pose a risk to the traveling public, that the erection of the                               
06       encroachment occurred in good faith, and that the denial of the encroachment permit                               
07       would pose a hardship on the person, agency, owner, or lessee who erected the                                     
08       encroachment.  The department may not remove an encroachment present within the                                   
09       right-of-way of an interstate, primary, or secondary highway that is not authorized by                            
10       a written encroachment permit on the effective date of this Act until the department                              
11       determines that the encroachment does not qualify for an encroachment permit issued                               
12       under this subsection.  The department may charge a fee, not to exceed $100, for an                               
13       encroachment permit issued under this subsection.