HOUSE BILL NO. 469

INTRODUCED BY M. BRAINARD

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATING TO ELECTIONS ; DELETING ELECTION DAY AS A STATE HOLIDAY AND PROVIDING THAT THE DAY BEFORE CHRISTMAS DAY IS A STATE HOLIDAY; SPECIFYING CONDITIONS FOR PLACEMENT OF POLITICAL ADVERTISING SIGNS ON CERTAIN PROPERTY; AND AMENDING SECTIONS 1-1-216 AND 60-6-101, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 1-1-216, MCA, is amended to read:

"1-1-216. Legal holidays and business days. (1) The following are legal holidays in the state of Montana:

(a) each Sunday;

(b) New Year's Day, January 1;

(c) Martin Luther King Jr. Day, the third Monday in January;

(d) Lincoln's and Washington's birthdays, the third Monday in February;

(e) Memorial Day, the last Monday in May;

(f) Independence Day, July 4;

(g) Labor Day, the first Monday in September;

(h) Columbus Day, the second Monday in October;

(i) Veterans' Day, November 11;

(j) Thanksgiving Day, the fourth Thursday in November;

(k) the day before Christmas Day, December 24;

(l) Christmas Day, December 25.

(2) If any of the above-enumerated holidays (except Sunday) fall upon a Sunday, the Monday following is a holiday. All other days are business days."

NEW SECTION. Section 2. Conditions for placement of campaign sign on certain property -- definitions. (1) An election campaign sign may not be placed upon private property without the approval of the owner or manager of the private property.

(2) An election campaign sign may not encroach upon a public highway unless the election campaign sign is attached to a fence or other fixture located upon private property and the election campaign sign extends no more than 12 inches into the public highway right-of-way.

(3) A campaign sign placed in violation of subsection (1) or (2) may be removed and returned to the campaign treasurer identified pursuant to 13-35-225. If a campaign sign is removed, the entity removing the sign shall notify the campaign treasurer of the sign's removal.

(4) The following definitions apply to this section:

(a) "Election campaign sign" means a sign, banner, marker, or other device indicating support for or opposition to a candidate or ballot issue in an election.

(b) "Highway" has the meaning provided in 60-1-103.

(c) "Private property" means real estate or a fixture on that real estate owned by a person other than a state or local government entity.

Section 3. Section 60-6-101, MCA, is amended to read:

"60-6-101. Highway encroachments -- immediate removal. (1) Except as provided in [section 2], if any highway under the jurisdiction of the commission is encroached upon by a fence, building, structure, sign, marker, mailbox, newspaper delivery box, or other obstruction, the department may give notice in writing to the person erecting or maintaining the encroachment requiring that the encroachment be removed.

(2) The department shall adopt rules pertaining to the accommodation of mailboxes and newspaper delivery boxes on public highway rights-of-way. The rules must ensure that the location and construction of mailboxes and newspaper delivery boxes conform to the rules and regulations of the U.S. postal service.

(3) Except as provided in [section 2], if the encroachment obstructs and prevents the use of the highway for vehicles, the department may immediately remove the encroachment without the notice required by 60-6-102."

NEW SECTION. Section 4. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 13, chapter 14, and the provisions of Title 13, chapter 14, apply to [section 2].

NEW SECTION. Section 5. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

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