AN ACT TO PERMIT CAMPAIGN SIGNS IN HIGHWAY RIGHTS-OF-WAY WITH REASONABLE TIME, PLACE, AND MANNER RESTRICTIONS. Summarized in Daily Bulletin 3/10/11, 5/18/11, 6/15/11, and 7/27/11. Enacted August 4, 2011. Effective October 1, 2011.
Bill Summaries: S315 (2011-2012 Session)
Tracking:
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Summary date: Aug 25 2011 - View summary
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Bill S 315 (2011-2012)Summary date: Jul 27 2011 - View summary
Conference report recommends the following changes to 3rd edition to reconcile matters in controversy. Amends proposed GS 136-32(f) to allow a city to prohibit or regulate the placement of political signs on rights-of-way of streets that are located within the city’s corporate limits and maintained by the city (was, only required that the streets be located within the city’s corporate limits). Makes a conforming change. Removes provision that the definitions of highway and street in GS 20-4.01 apply.
Changes the effective date of the act from January 1, 2012 to October 1, 2011.
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Bill S 315 (2011-2012)Summary date: Jun 15 2011 - View summary
House committee substitute makes the following changes to 2nd edition: (1) limits the authority of a city to the placement of political signs on the rights-of-way of streets located within the corporate limits (was, and are maintained by the city) and (2) defines highway and street as those terms are defined in GS 20-4.01.
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Bill S 315 (2011-2012)Summary date: May 18 2011 - View summary
Senate committee substitute makes the following changes to 1st edition. Amends GS 136-32, to clarify that the Department of Transportation (DOT) may remove signs erected without authority or remaining beyond the deadline (previously, authorized DOT or any person to remove). Deletes provision authorizing a person to place signs in rights-of-way if three specified conditions are met. Allows a permittee to place signs after obtaining permission from the property owner of a residence, business, or religious institution fronting the right-of-way, as detailed. Deletes provisions concerning the procedures to be adopted by the State Board of Elections, and penalties for permit holders. Clarifies that a city may, by ordinance, prohibit or regulate the placement of political signs on rights-of-ways of streets maintained by the city and located within its corporate limits. Absent such an ordinance, certain provisions of this act apply. Makes other clarifying changes.
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Bill S 315 (2011-2012)Summary date: Mar 10 2011 - View summary
Amends GS 136-32 to provide for the regulation of political signs (any sign that advocates for political action) on highways and to permit the Department of Transportation (DOT) or any person to remove signs that have been erected without authority or remain beyond the deadline for removal specified in the act. During the period beginning 30 days before the beginning of one-stop early voting under GS 163-227.2 and ending on the 10th day after the primary or election day, a person may place a political sign in the right-of-way of the state highway system if the person: (1) obtains a permit from the State Board of Elections or the county board of elections, (2) places the signs in compliance with DOT rules, and (3) removes the signs by the 10th day after the primary or election day. Requires DOT to adopt rules for sign placement, including rules designating the portion of the state highway system right-of-way where signs are permitted, specifying the size of signs permitted, and requiring the permittee to seek the permission of any property owner of property fronting the right-of-way where a sign would be erected. Requires the State Board of Elections to adopt uniform rules for the issuance of permits and imposition of penalties for permit holders who fail to remove signs by the required date. Penalties must be enforced by the county board of elections in the county in which the violation occurred. Makes it a Class 3 misdemeanor for a person to unlawfully remove a campaign sign that is lawfully placed under these provisions. Municipalities may elect to have provisions of the act apply to street rights-of-way within the municipality and maintained by the municipality.
Effective January 1, 2012, and applies to any primary election held on or after that date.