HF 1879

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to advertising; regulating certain political 
  1.3             advertising and advertising adjacent to certain 
  1.4             highways; amending Minnesota Statutes 2000, sections 
  1.5             173.01; 173.02, subdivisions 1, 8; 173.08, subdivision 
  1.6             1; 173.27; 211B.05, subdivisions 1, 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 173.01, is 
  1.9   amended to read: 
  1.10     173.01 [DECLARATION OF POLICY.] 
  1.11     It is hereby found and declared that in the interest of and 
  1.12  to promote the general welfare of the people and to conserve the 
  1.13  natural beauty of areas adjacent to certain highways, it is 
  1.14  necessary to reasonably and effectively regulate and control the 
  1.15  erection or maintenance of advertising devices on land adjacent 
  1.16  to such highways.  It is further declared that inasmuch as 
  1.17  outdoor advertising is an integral part of the business and 
  1.18  marketing function, an established segment of the national 
  1.19  economy, and a legitimate commercial use of property adjacent to 
  1.20  roads and highways, it should be allowed to operate where other 
  1.21  business and commercial activities are conducted, and the 
  1.22  regulation of outdoor advertising should occur by the 
  1.23  application of reasonable regulatory standards consistent with 
  1.24  customary use of outdoor advertising and zoning principles in 
  1.25  this state which will properly and adequately carry out each and 
  1.26  all of the purposes of Laws 1971, chapter 883; that the 
  2.1   regulatory standards set forth in Laws 1971, chapter 883, are 
  2.2   consistent with customary use in this state.  It is the 
  2.3   intention hereby to comply with the policies declared by 
  2.4   Congress in United States Code, title 23, "Highways."  
  2.5      Sec. 2.  Minnesota Statutes 2000, section 173.02, 
  2.6   subdivision 1, is amended to read: 
  2.7      Subdivision 1.  [SCOPE.] For the purposes of Laws 1971, 
  2.8   chapter 883, this chapter, the terms defined in this section 
  2.9   shall have the meanings herein given them. 
  2.10     Sec. 3.  Minnesota Statutes 2000, section 173.02, 
  2.11  subdivision 8, is amended to read: 
  2.12     Subd. 8.  [ADJACENT AREA.] "Adjacent area" means any area 
  2.13  adjacent to the right-of-way of an interstate or trunk primary 
  2.14  highway. 
  2.15     Sec. 4.  Minnesota Statutes 2000, section 173.08, 
  2.16  subdivision 1, is amended to read: 
  2.17     Subdivision 1.  [ADVERTISING DEVICES RESTRICTED.] No 
  2.18  advertising device, excepting the advertising devices described 
  2.19  and permitted under sections 173.01 to 173.27, shall be erected 
  2.20  or maintained in an adjacent area, after June 8, 1971, except 
  2.21  the following: 
  2.22     (1) directional and other official signs, including, but 
  2.23  not limited to, signs pertaining to natural wonders, scenic and 
  2.24  historical attractions, which are required or authorized by law, 
  2.25  and which comply with rules which shall be promulgated by the 
  2.26  commissioner relative to their lighting, size, spacing and other 
  2.27  requirements as may be appropriate to implement sections 173.01 
  2.28  to 173.27; 
  2.29     (2) advertising devices advertising the sale or lease of 
  2.30  property upon which they are located, provided that there shall 
  2.31  not be more than one such sign, advertising the sale or lease of 
  2.32  the same property, visible to traffic proceeding in any one 
  2.33  direction on any one interstate or primary highway; 
  2.34     (3) advertising devices advertising activities conducted on 
  2.35  the property on which they are located, including, without 
  2.36  limiting the generality of the foregoing, goods sold, stored, 
  3.1   manufactured, processed or mined thereon, services rendered 
  3.2   thereon, and entertainment provided thereon; 
  3.3      (4) advertising devices stating the name and address of the 
  3.4   owner, lessee or occupant of such property or information 
  3.5   otherwise required or authorized by law to be posted or 
  3.6   displayed thereon; 
  3.7      (5) public utility signs; 
  3.8      (6) service club and religious notices; 
  3.9      (7) advertising devices of which the advertising copy or 
  3.10  the name of the owner thereof is in no part visible from the 
  3.11  traveled way of the aforesaid highways; 
  3.12     (8) advertising devices which are located, or which are to 
  3.13  be located, in business areas and which comply, or will comply 
  3.14  when erected, were lawfully erected before August 1, 2001, and 
  3.15  thereafter maintained in compliance with the provisions of 
  3.16  sections 173.01 to 173.27; 
  3.17     (9) signs placed temporarily by auctioneers under section 
  3.18  169.07; 
  3.19     (10) community identification signs which are located 
  3.20  within two miles of the community and do not exceed 750 square 
  3.21  feet.  "Community" means a county, town, or home rule charter or 
  3.22  statutory city.  Prior to the erection of a community 
  3.23  identification sign, the community must: 
  3.24     (i) obtain approval from the governing body of the 
  3.25  community; 
  3.26     (ii) consult with local road authorities on placement and 
  3.27  location of the sign; and 
  3.28     (iii) obtain consent of the owner of the land on which the 
  3.29  sign is to be erected.; 
  3.30     (11) star city and county signs and recycling center signs. 
  3.31     Sec. 5.  Minnesota Statutes 2000, section 173.27, is 
  3.32  amended to read: 
  3.33     173.27 [CITATION.] 
  3.34     Laws 1971, chapter 883, may be cited as the "Minnesota 
  3.35  Outdoor Advertising Control Act." 
  3.36     Sections 1 to 4 of this act may be cited as the "Minnesota 
  4.1   Highway Beautification and Scenic Preservation Act." 
  4.2      Sec. 6.  Minnesota Statutes 2000, section 211B.05, 
  4.3   subdivision 1, is amended to read: 
  4.4      Subdivision 1.  [ACCEPTANCE OF PAID ADVERTISEMENTS.] A 
  4.5   newspaper, periodical, or magazine, or the owner of an 
  4.6   advertising device as defined in section 173.02, may not 
  4.7   intentionally accept a political advertisement for insertion in 
  4.8   the newspaper, magazine, or periodical a political 
  4.9   advertisement, or on an advertising device, unless the words 
  4.10  "PAID ADVERTISEMENT," and the disclaimer required under section 
  4.11  211B.04 are included at the beginning or end of the 
  4.12  advertisement.  A radio station, television station, or cable 
  4.13  system may not accept for broadcast a political advertisement 
  4.14  unless the words "PAID ADVERTISEMENT" are included at the 
  4.15  beginning or end of the advertisement. 
  4.16     Sec. 7.  Minnesota Statutes 2000, section 211B.05, 
  4.17  subdivision 2, is amended to read: 
  4.18     Subd. 2.  [EQUAL ACCESS AND ADVERTISING RATES.] All 
  4.19  candidates and ballot questions must be allowed equal access to 
  4.20  advertising space.  Rates charged for advertising to support or 
  4.21  oppose a candidate or ballot question must be the same as the 
  4.22  charges made for any other political candidate and may be no 
  4.23  greater than charges made for any other comparable purpose or 
  4.24  use according to the seller's rate schedule.