SENATE BILL NO. 145

INTRODUCED BY MAHLUM D

BY REQUEST OF THE DEPARTMENT OF TRANSPORTATION

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LAWS RELATING TO UNLAWFUL OUTDOOR ADVERTISING; SHORTENING THE TIME PERIOD FOR REQUESTING A HEARING BEFORE THE TRANSPORTATION COMMISSION; REQUIRING THE SIGN OWNER OR THE LANDOWNER TO REMOVE THE UNLAWFUL ADVERTISING; IMPOSING A CIVIL PENALTY FOR FAILURE TO REMOVE THE UNLAWFUL ADVERTISING; AND AMENDING SECTIONS 60-5-514, 60-5-522, AND 75-15-131, MCA."

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

Section 1. Section 60-5-514, MCA, is amended to read:

"60-5-514. Business eligibility -- criteria -- restrictions. (1) To be eligible for placement of a business sign on a specific information sign panel, a business establishment shall meet standards for "GAS", "FOOD", "LODGING", and "CAMPING" services in rules adopted by the department pursuant to guidelines in the Manual on Uniform Traffic Control Devices, as amended.

(2) (a) Each business identified on a specific information sign shall provide assurance of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, color, sex, culture, social origin or condition, or political or religious ideas.

(b) If a business violates any of these laws, it loses eligibility for business identification on a specific information sign.

(3) A business that owns any outdoor advertising structure in violation of the provisions of Title 75, chapter 15, part 1, is not eligible for business identification on a specific information sign for 1 year after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 20 days of receiving notification under 75-15-131."

Section 2. Section 60-5-522, MCA, is amended to read:

"60-5-522. Business eligibility -- criteria -- restrictions. (1) To be eligible for business identification on a tourist-oriented directional sign, a business establishment shall meet the following standards for a business, service, or activity:

(a) Gas, food, lodging, and camping services must:

(i) be licensed and approved by the state and local agencies regulating the particular type of business;

(ii) provide an acceptable level of service to the public;

(iii) be in continuous operation at least 8 hours a day, 5 days a week, including Saturday or Sunday; and

(iv) have a telephone and restroom facilities available for public use.

(b) Recreation services must:

(i) be licensed and approved by state and local agencies as required by law;

(ii) provide to families and the public activities of interest in which people participate for purposes of physical exercise, collective amusement, or enjoyment of nature. Activities may include hiking, golfing, skiing, boating, swimming, picnicking, fishing, and horseback riding.

(c) Tourist services must:

(i) be licensed as required by law;

(ii) be open to the public at least 8 hours a day, 5 days a week, including Saturday or Sunday, during the normal tourist season; and

(iii) provide a natural, recreational, historical, cultural, educational, or entertainment activity or a unique or unusual commercial or nonprofit activity, from which the major portion of income or visitors is derived during normal business seasons from motorists not residing in the immediate area of the activity.

(2) Priority under subsection (1)(a) must be given to businesses that are in continuous operation for 12 months a year.

(3) (a) Each business identified on a tourist-oriented directional sign shall provide assurance of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, color, sex, culture, social origin or condition, or political or religious ideas.

(b) If a business violates any of these laws, it loses eligibility for business identification on a tourist-oriented directional sign.

(4) A business that owns any outdoor advertising structure in violation of the provisions of Title 75, chapter 15, part 1, is not eligible for business identification on a tourist-oriented directional sign for 1 year after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 20 days of receiving notification under 75-15-131."

Section 3. Section 75-15-131, MCA, is amended to read:

"75-15-131. Entry to inspect -- notice of unlawful advertising -- remedial action. (1) The department may enter upon lands bearing outdoor advertising and examine the advertising.

(2) The department shall give notice in writing, either by certified mail or by personal service, to the owner or occupant of the land on which advertising believed to be unlawful is located and to the owner of the outdoor advertising structure if the latter is known or, if unknown, by posting notice in a conspicuous place on the structure of its intention to remove the unlawful advertising. Within 20 days after the notice, the owner of the land or of the structure may make a written request for a hearing before the commission to show cause why the structure should not be removed.

(3) If a hearing before the commission is not requested , if there is no appeal taken from the commission's decision at the hearing, or if the commission's decision is affirmed on appeal, the sign owner or the landowner shall immediately remove or cause to be removed the unlawful outdoor advertising. If the unlawful advertising remains in place after the 20-day notice provided for in subsection (2) or after the final determination by the commission as provided in this subsection, the department may enter upon lands bearing the advertising and remove the unlawful advertising. The sign owner or the landowner may be liable for the costs of removal and a civil penalty of $25 a day for each day that the unlawful advertising remains in place after the 20-day time period or after the final determination by the commission.

(4) The owner of the structure and the owner or occupant of the land are jointly and severally liable for the costs of the removal."

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