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

00 SENATE CS FOR CS FOR HOUSE BILL NO. 230(STA) 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 INTENT. It is the intent of the Alaska State Legislature that political signs on private 06 property not pose an opportunity for indirect commercial advertising. 07 * Sec. 2. AS 19.25.075 is amended by adding a new subsection to read: 08 (c) The Alaska State Legislature finds that 09 (1) the right to advocate for or against those individuals who would 10 occupy public office and issues of public interest is an inherent right that has been 11 repeatedly affirmed by the courts; and 12 (2) the right to advocate for or against those individuals who would 13 occupy public office and issues of public interest must be subject to only the minimum 14 of restrictions necessary to address a compelling public or government interest. 15 * Sec. 3. AS 19.25.105(a) is amended to read:

01 (a) Outdoor advertising may not be erected or maintained within 660 feet of 02 the nearest edge of the right-of-way and visible from the main-traveled way of the 03 interstate, primary, or secondary highways in this state except the following: 04 (1) directional and other official signs and notices that [WHICH] 05 include, but are not limited to, signs and notices pertaining to natural wonders, scenic 06 and historic attractions, that [WHICH] are required or authorized by law, and that 07 [WHICH SHALL] conform to federal standards for interstate and primary systems; 08 (2) signs, displays, and devices advertising the sale or lease of property 09 upon which they are located or advertising activities conducted on the property; 10 (3) signs determined by the state, subject to concurrence of the United 11 States Department of Transportation, to be landmark signs, including signs on farm 12 structures, or natural surfaces, of historic or artistic significance, the preservation of 13 which would be consistent with the provisions of this chapter; 14 (4) directional signs and notices pertaining to schools; 15 (5) advertising on bus benches or bus shelters, and adjacent trash 16 receptacles, if the state determines that the advertising conforms to local, state, and 17 federal standards for interstate and primary highways; [.] 18 (6) political noncommercial signs on private property if 19 (A) individual or conjoined signs do not exceed 32 square 20 feet total per side; 21 (B) the signs do not interfere with, obstruct, confuse, or 22 mislead traffic or pose a traffic hazard; 23 (C) the signs are located outside of Department of 24 Transportation and Public Facilities easements; and 25 (D) the signs are consistent with regulations adopted by the 26 department regarding the time and manner for removal of signs that do 27 not have current relevance; in this subparagraph, 28 (i) "current relevance" means the subject matter of 29 a sign is a matter of ongoing public consideration by the public and 30 the date of decision on the subject matter of the sign has not 31 passed;

01 (ii) "date of decision" means the date on which a 02 decision on the subject matter of a sign is no longer subject to 03 influence by public opinion, such as the date of an election for 04 public office or on a ballot measure, action by the governor on a 05 bill passed by the legislature, formal settlement or formal 06 conclusion of an armed conflict, conclusion of contract 07 negotiations, or similar matters for which a date of decision may be 08 ascertained [REPEALED].