74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2273
LC 812/HB 2273-2
HOUSE AMENDMENTS TO
HOUSE BILL 2273
By COMMITTEE ON TRANSPORTATION
April 4
On page 1 of the printed bill, line 4, delete 'and 377.787 '
and insert ', 377.787 and 377.800'.
In line 16, after the period delete the rest of the line and
line 17.
On page 3, line 4, after 'cutout' insert 'or display surface of
the same dimensions, replacing lights or the catwalk'.
In line 17, delete 'illegally' and insert 'unlawfully'.
In line 30, delete the period and insert '; or'.
In line 44, before 'height' insert 'overall'.
In line 45, delete 'legally' and insert 'lawfully'.
On page 4, after line 37, insert:
' (34) 'Travel plaza' means any staffed facility erected under
the authority of the Travel Information Council to serve
motorists by providing brochures, displays, signs and other
visitor information and located in close proximity to a
highway.'.
In line 38, delete '(34)' and insert '(35)' and delete ' an
outdoor advertising' and insert 'a'.
In line 44, delete '(35)' and insert '(36)'.
On page 5, line 3, delete '(36)' and insert '(37)'.
In line 26, delete 'legally' and insert 'lawfully'.
On page 6, line 29, delete 'maintain' and insert ' control'.
In line 30, delete 'maintenance' and insert 'control'.
On page 7, line 31, after '377.767' insert ', and the holder of
the permit is not entitled to a relocation credit as defined in
section 4 of this 2007 Act'.
On page 8, after line 1, insert:
' (15) Any hearing under this section shall be conducted as a
contested case hearing under ORS chapter 183.'.
On page 9, delete lines 35 through 45.
On page 10, delete lines 1 through 42 and insert:
' { + SECTION 13. + } ORS 377.765 is amended to read:
' 377.765. (1) Outdoor advertising signs in existence on
{ - June 12, 1975 - } { + the effective date of this 2007
Act + }, and lawfully located within commercial or industrial
zones in existence on
{ - June 12, 1975 - } { + the effective date of this 2007
Act + }, and outdoor advertising signs visible from a road or
street that is designated as a state highway after { - February
19, 1990 - } { + the effective date of this 2007 Act + },
{ + and + } lawfully located within a commercial or industrial
zone at the time { - of designation - } { + the road or
street is designated + } as a state highway, may remain. Subject
to the provisions of ORS 377.700 to 377.840, such signs may be
maintained, reconstructed and relocated. However, such signs
{ - shall - } { + may + } not be relocated unless a
relocation permit has been issued { - therefor - } pursuant to
ORS 377.767. { - No - } { + A + } permit may { + not + } be
issued to relocate an outdoor advertising sign that was not { +
lawfully + } in existence on { - June 12, 1975 - } { + the
effective date of this 2007 Act + }, except that { + outdoor
advertising signs that are visible from a road or street that is
designated as a state highway after the effective date of this
2007 Act, and that are lawfully located within a commercial or
industrial zone at the time the road or street is designated as a
state highway, may be relocated within the same section of
highway. + } { - signs that are visible from a road or street
that is designated as a state highway after February 19, 1990,
and that were lawfully located within a commercial or industrial
zone at the time of designation as a state highway, may be
relocated within the same section of the road or street. - }
' (2) All outdoor advertising signs { - which - }
{ + that + } are lawfully located outside of a commercial or
industrial zone and visible from an interstate highway or a
primary highway shall be removed
{ - forthwith - } upon payment of just compensation as
provided by ORS 377.780.
' (3) Upon payment of just compensation { + , the Department of
Transportation may remove + } any { + lawful + } outdoor
advertising sign located in a scenic area designated pursuant to
ORS 377.505 to 377.540 { - may be removed forthwith - } .
' (4) Where an outdoor advertising sign was reconstructed under
a waiver, upon payment of just compensation for that portion of
the value { - which - } { + that + } is not covered by the
waiver, { + the department may remove the outdoor advertising
sign. + } { - such outdoor advertising sign may be removed
forthwith. - }
' (5) Outdoor advertising signs in existence on { - July 1,
1971, which - } { + the effective date of this 2007 Act
that + } are lawfully located outside of a commercial or
industrial zone in existence on July 1, 1971, and visible from a
secondary highway and not within a scenic area existing on July
1, 1971, or thereafter designated a scenic area may be removed
only upon payment of just compensation as provided in ORS
377.780. { - Such a sign may, upon payment of such just
compensation, be removed forthwith. - } { + Upon payment of
just compensation, the department may remove the outdoor
advertising sign. + } It may not be reconstructed or replaced if
destroyed by natural causes and { - it may not be moved to a
different location - } { + may not be relocated + }.
' (6) Subject to subsection (2) of this section, { + the
department may remove without payment of just compensation + }
every outdoor advertising sign erected since October 22, 1965,
pursuant to a waiver, adjacent to an interstate highway or a
primary highway and outside of a commercial or industrial zone
{ - shall be removed forthwith, without payment of
compensation - } , unless an owner of such a sign or signs,
within 10 days after April 18, 1973, enters into an agreement
transferring title to the signs to the state. Such an agreement
may provide for the leasing back of such signs and for a
scheduled removal which shall be not later than December 31,
1975.
' (7) If a secondary highway existing on July 2, 1971, is
subsequently designated as an interstate or primary highway,
{ + upon payment of just compensation, the department may
remove + } outdoor advertising signs not conforming to the
provisions of ORS 377.700 to 377.840 { - shall be removed upon
payment of just compensation - } .
' (8) If any other highway is designated as an interstate or
primary highway, { + upon payment of just compensation, the
department may remove + } a nonconforming outdoor advertising
sign lawful before such designation but nonconforming thereafter
{ - shall be removed upon payment of just compensation - } .
' (9) Upon the construction or designation of a secondary
highway, after July 2, 1971, an outdoor advertising sign lawfully
in existence and not regulated under ORS 377.700 to 377.840 prior
to such construction or designation { - shall be governed
by - } { + is subject to + } subsection (5) of this section.
' (10) Any outdoor advertising sign lawfully { + + }in
existence outside of a city on July 2, 1971, beyond 660 feet from
the nearest edge of the right of way of an interstate or primary
highway and designed to be viewed primarily from such highway
shall be removed by July 1, 1976, without compensation.'.
On page 11, line 2, after the period delete the rest of the
line and line 3.
In line 4, delete 'ing sign.'.
In line 37, after the period insert 'For relocation credits
that exist as of the effective date of this 2007 Act, a permit
may not be issued to relocate an outdoor advertising sign more
than 100 miles from the existing site of the sign as of September
1, 1977, as measured along public streets, roads or highways
between that site and proposed new site.'.
On page 12, line 2, after the period insert 'If a portion of a
highway is no longer designated as a scenic byway, as provided by
state and federal law, an outdoor advertising sign may be
relocated to that portion subject to ORS 377.700 to 377.840 and
377.992 and any other limitations provided by law.'.
In line 38, delete 'legally' and insert 'lawfully'.
In line 44, delete 'legally' and insert 'lawfully'.
On page 14, delete lines 7 through 10.
In line 11, delete '(8)' and insert '(7)'.
Delete lines 13 through 42 and insert:
' { + SECTION 19. + } ORS 377.780 is amended to read:
' 377.780. (1) Where the Department of Transportation elects to
remove and pay for a sign visible from secondary highways
pursuant to ORS 377.765 (5), { + upon removal, the department
shall pay + } just compensation { - shall be paid upon the
removal thereof - } .
' (2) For the purposes of ORS 377.700 to 377.840, the
department may acquire by purchase, agreement, donation or
exercise of the power of eminent domain land or an interest in
land or a sign. { - It - } { + The department + } shall pay
just compensation for:
' (a) The taking from the owner of such lawfully
{ - placed - } { + located + } sign all right, title,
leasehold and interest in such sign; and
' (b) The taking from the owner of the real property on which
the sign is located the right to place such sign thereon.
' (3) When the department is required under ORS 377.700 to
377.840 to make payment therefor to remove a sign, the payment
shall be for the value of the items specified by subsection (2)
of this section, as determined by the department. In determining
value, the department shall use the accepted appraisal method
customarily used in such cases or the method prescribed by
federal regulations, if any, applicable to such appraisals or
payments, whichever results in the lowest valuation. However, in
any case, the department shall so appraise such signs or rights
taken by whatever method may be required to avoid imposition of a
reduction in the amount of federal highway funds the state
otherwise would be eligible to receive.
' { + SECTION 20. + } ORS 377.787 is amended to read:
' 377.787. (1) The Travel Information Council may enter into
contractual or other agreements with other governmental agencies
of this state or an independent contractor to study various ways
of providing information deemed necessary to the
{ - motoring - } { + traveling + } public by signs,
information centers or other means. The council may also enter
into contractual or other agreements with other governmental
agencies of this state or an independent contractor for the
construction of experimental signs or displays to provide
information deemed necessary to the { - motoring - } { +
traveling + } public.
' (2) Notwithstanding any other provisions of ORS 377.700 to
377.840, the Travel Information Council shall institute logo sign
and motorist informational sign programs on the state highway
system and adopt any rules necessary to carry out such
programs.'.
On page 16, after line 10, insert:
' { + SECTION 25. + } ORS 377.800 is amended to read:
' 377.800. { + (1) + } For the convenience and information of
the traveling public, a person may upon obtaining a permit
therefor display messages as may be allowed by rule adopted by
the Travel Information Council for the particular type of sign on
a motorist informational sign, tourist oriented directional sign
{ - , - } { + or + } logo sign or at a sign plaza { + or
travel plaza + }.
' { + (2) The Travel Information Council may not erect a
travel plaza on public lands without first obtaining consent from
the agency that owns the land. + }
' { + SECTION 26. + } { + (1) There is created the Sign Task
Force on outdoor signs, consisting of 13 members appointed as
follows:
' (a) The President of the Senate shall appoint one member from
among members of the Senate.
' (b) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives.
' (c) The Governor shall appoint one representative from the
Department of Transportation.
' (d) The Attorney General shall appoint one member.
' (e) The Director of Transportation shall appoint three
representatives from the outdoor sign industry holding 300 or
more outdoor sign permits and relocation credits combined.
' (f) The director shall appoint three representatives from the
outdoor sign industry holding fewer than 300 outdoor sign permits
and relocation credits combined.
' (g) The director shall appoint one representative from an
organization that promotes scenic values.
' (h) The director shall appoint one representative who is a
landowner and who receives compensation from outdoor advertising
companies.
' (i) The director shall appoint one representative from an
advertising agency that does business with outdoor advertising
companies in this state.
' (2) The task force shall examine:
' (a) Permitting of tri-vision signs;
' (b) Ownership, use and other issues regarding relocation
credits;
' (c) Emerging technologies in the outdoor sign industry;
' (d) Increasing the penalties for violation of outdoor sign
regulations;
' (e) Just compensation related to required removal of outdoor
advertising signs; and
' (f) Any other issues relating to the regulation of the
outdoor sign industry the task force determines is appropriate.
' (3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
' (4) Official action by the task force requires the approval
of a majority of the members of the task force.
' (5) The task force shall elect one of its members to serve as
chairperson.
' (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
' (7) The task force shall meet at times and places specified
by the call of the chairperson or of a majority of the members of
the task force.
' (8) The task force shall have its first meeting on or before
the later of 30 days after adjournment sine die of the regular
session of the Seventy-fourth Legislative Assembly or July 31,
2007.
' (9) The task force may adopt rules necessary for the
operation of the task force.
' (10) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee related
to transportation as appropriate no later than November 1, 2008.
' (11) The Department of Transportation shall provide staff
support to the task force.
' (12) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to the department for that
purpose.
' (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
' { + SECTION 27. + } { + Section 26 of this 2007 Act is
repealed on the date of the convening of the next regular
biennial legislative session. + } ' .
In line 11, delete '25' and insert '28'.
In line 12, delete '26' and insert '29'.
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