HOUSE BILL REPORT

HB 785

BYRepresentatives Pruitt, Barnes, Fisher, Leonard, Winsley and Fisch

Regulating the placement of political campaign signs.

House Committe on Constitution, Elections & Ethics

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (4)

     Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Fisch and Leonard.

Minority Report:     Do not pass.  (3)

     Signed by Representatives Amondson, Barnes and Sanders.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON CONSTITUTION, ELECTIONS & ETHICS

MARCH 5, 1987

BACKGROUND:

The Highway Advertising and Control Act and the Scenic Vistas Act are administered and enforced by the state's Department of Transportation.  The provisions of these and other state and federal laws regulate the placement of signs and advertising within the rights of way of public highways and within the visual corridor of the state's interstate, primary, and scenic highway systems.  Several local jurisdictions within the state regulate various aspects of the placement of political campaign signs.

SUMMARY:

SUBSTITUTE BILL:  Political campaign signs shall not be displayed in public view more than sixty days prior to and five days after the date of the primary or election for which they are intended.  They may not be erected or maintained upon the right of way of any public way.

Political campaign signs shall be no larger than eight feet by four feet in size. Before such a sign is placed in public view, the person or entity owning the sign shall post a cash deposit or bond with the county auditor of the county in which the person or entity resides. The amount of the deposit or bond for a campaign concerning: (a) an elective office is equal to the amount of the filing fee for the office or $500 whichever is less; (b) a state-wide ballot measure is $500; and (c) any other ballot measure is $50. The deposit or bond shall be refunded within 14 days of the filing of a sworn statement by the person posting it that all of the person's signs have been removed from public view.  If such a statement is not filed by seven days after the primary or election, the deposit or bond shall be forfeited to the county.  A violation of these requirements or false swearing under them is a misdemeanor.  Cities, towns, and counties are not prohibited from establishing more restrictive regulations regarding such signs.

The Highway Advertising and Control Act and the Scenic Vistas Act are amended.  Political campaign signs may be erected and maintained in view of the state's primary highway system but not within view of the state's interstate highway or scenic highway systems.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The amount of the deposit or bond that must be deposited concerning political campaign signs is altered by the substitute bill.  The original bill authorized such signs to be placed within view of the state's scenic highway system; such placement is prohibited in the substitute bill.

Fiscal Note:    Requested February 23, 1987.

House Committee ‑ Testified For:     Don Ernst, Department of Transportation.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     (1) There are several local jurisdictions with ordinances that are similar to this bill. These rules are presumed to be valid unless a court finds otherwise.  (2) The provisions of the bill would remove the Department of Transportation from its current "no win" position of being asked to remove the signs but often being unable to do so. (3) It is reasonable to require that these signs be taken down in a timely manner.

House Committee - Testimony Against: The restrictions of the bill may violate First Amendment rights to free speech.