WEST virginia Legislature
2018 regular session
Introduced
Senate Bill 309
[Introduced January 17, 2018;
Referred
to the Committee on Transportation and Infrastructure; and then to the
Committee on Government Organization]
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§17-22-26, relating to outdoor advertising regulated by the Commissioner of
Highways; providing exemption to licensing requirement for a person to place
signs, displays, or devices advertising events to be held no more frequently
than once a year at locations other than where the event will be held; establishing
the Temporary Sign Placement License program; and requiring rulemaking.
Be it enacted by the
Legislature of West Virginia:
§17-22-26. Exception;
Temporary Sign Placement License; rulemaking.
(a) (1) Notwithstanding
any provision of this article or rules promulgated under this article, and subject
to subdivisions (2) and (3) of this subsection, a person may, by virtue of a
Temporary Sign Placement License, place signs, displays or devices advertising
events to be held no more frequently than once a year at locations other than
where the event will be held.
(2) The signs, displays
or devices may be placed up to three weeks in advance of the event.
(3) The events allowed to
be advertised under this section are limited to events such as auctions,
festivals, revivals, special sales and similar activities, as well as events
sponsored by not-for-profit organizations.
(b) The commissioner
shall propose rules for legislative approval in accordance with §29A-3-1 et
seq. of this code to establish a Temporary Sign Placement License program.
A license holder shall be issued a unique identifier number to be placed on a temporary
sign. License holders shall notify the commissioner the date when the sign(s)
will be placed and approximate location(s). The fee for each license may not
exceed $50.
(c) This section does
not authorize the placement of a sign, display or device on highway right-of-ways
or other property without permission of the property owner.
(d) The exception
provided in subsection (a) of this section does not apply to persons engaging
in the business of commercially providing signs, displays or devices for use by
others.
NOTE: The purpose of this bill is
to allow a person to place signs, displays or devices advertising events to be
held no more frequently than once a year at locations other than where the
event will be held, without obtaining a license from the Commissioner of Highways.
The bill establishes the Temporary Sign Placement License program and requires
rulemaking.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.