HOUSE BILL 553

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Thomas C. Taylor

AN ACT

RELATING TO HIGHWAYS; REQUIRING THE PERMITTING OF OFF-PREMISES CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS CONSISTENT WITH NATIONAL STANDARDS PROMULGATED PURSUANT TO TITLE 23 OF THE UNITED STATES CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 67-12-5 NMSA 1978 (being Laws 1966, Chapter 65, Section 5, as amended) is amended to read:

     "67-12-5. OUTDOOR ADVERTISING--REGULATIONS--PERMITS.--

          A. The commission may promulgate [regulations] rules concerning:

                (1) the definition of unzoned industrial or commercial areas adjacent to the interstate and primary systems;

                (2) the removal of outdoor advertising so required or authorized under the Highway Beautification Act;

                (3) permits for the erection and maintenance of outdoor advertising; and

                (4) standards and specifications pertaining to outdoor advertising, including, but not limited to, construction, maintenance, spacing, lighting, size and location.

          B. The commission shall apply to the federal highway administration to obtain approval of rules to allow off-premises changeable electronic variable message signs pursuant to federal law and the federal-state agreement. The commission shall promulgate rules to permit off-premises changeable electronic variable message signs; provided that:

                (1) the duration of each display message is between six and ten seconds;

                (2) transition between each display message is less than two seconds;

                (3) the sign's brightness adjusts in response to changes in ambiant light to ensure the sign's light is not unreasonably bright for the safety of the motoring public;

                (4) spacing between signs is not less than the minimum spacing requirements pursuant to the federal-state agreement; and

                (5) the sign location is allowed pursuant to the federal-state agreement and appropriate to ensure safety of the motoring public.

          [B. Regulations] C. Rules promulgated by the commission under this section shall be consistent with the public policy of this state as declared in the Highway Beautification Act and national standards promulgated pursuant to Title 23, United States Code.

          [C.] D. The commission shall establish and collect uniform fees for the issuance of permits for outdoor advertising. The fees shall not be more than the actual cost to the commission of enforcement and administration of [this] the Highway Beautification Act, or five dollars ($5.00) per year, whichever is greater, for each sign, display and device. All fees so collected shall be paid to the state treasurer for credit to the state road fund.

          [D.] E. Any permit fee payable for the years 1966 through 1971 inclusive shall be deemed timely paid if, but only if, the fee is received by the commission prior to July 1, 1971. For the year 1972 and every year thereafter, the permit fee shall be deemed timely paid if said fee is received by the commission on or before the first day of the year for which said fee is being paid. Failure of timely payment of the permit fee for any outdoor advertising except those included in [Subsections A(1), A(2) and A(3)] Paragraphs (1) through (3) of Subsection A of Section [55-11-4 NMSA 1953] 67-12-4 NMSA 1978 shall render the outdoor advertising subject to removal by the commission without any compensation whatsoever and at the expense of the owner of the outdoor advertising.

          F. For purposes of this section, "federal-state agreement" means the existing agreement between the state and the federal government, pursuant to Title 23, Section 131 of the United States Code, for effective control of outdoor advertising."

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