Bill S7612-2013

Requires all outdoor advertising in N.Y. city to be licensed by the department of transportation

Requires all outdoor advertising in cities of over 1,000,000 to be licensed by the department of transportation.

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  • May 15, 2014: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S7612

TITLE OF BILL: An act to amend the transportation law, in relation to requiring sign properties, in cities having a population of one million or more, to be licensed by the department of transportation

PURPOSE OR GENERAL IDEA OF BILL:. This bill is intended to license outdoor advertising and streamline off-premise sign registration together with the State Department of Transportation's existing program. The proposal is expected to generate approximately $15 million in revenue for the State.

SUMMARY OF PROVISIONS: The bill adds a new section 23 to the transportation law to read as follows:

Section 1 defines the terms "city", "maintain" and "sign property" as used in this bill.

Section 2 requires all outdoor advertising companies maintaining a sign property in a city to obtain an outdoor advertising license through the Department of Transportation (DOT). Maintenance of such sign property shall only be authorized during the term of the advertising license issued therefore. No city shall impose any additional licensing requirements for sign properties, and the provisions of this bill shall preempt and supersede any local law, code or ordinance.

Section 3 states that an outdoor advertising license may be issued for a sign property upon the application of the outdoor advertising company submitted to the Department. Such application must be in a form and include information as determined by the Department. In addition, advertising companies shall submit an appropriate annual licensing fee as follows:

(i) $3.50 per square foot for a surface area of less than 220 square feet;

(ii) $3.75 per square foot for a surface area of 220 to 671 square feet;

(iii) $4.00 per square foot for a surface area of 672 to 1,100 square feet;

(iv) $4.25 per square foot for a surface area of more than 1,100 square feet;

Or for digital sign faces, $8.50 per square foot of surface area.

An additional fee of $100 for each late application may be charged by the Department for an outdoor advertising license or renewal thereof.

Section 4 provides that, upon receipt of an application and appropriate registration fee, DOT shall mark the application with the date and time the application was received. Determinations to approve or deny an application must be made with 180 days or else the application shall be automatically approved.

Section 5 establishes a $50 fee payable to DOT in the event that an outdoor advertising license has to be replaced.

Section 6 provides that any advertising company that currently utilizes a sign property pursuant to any permits issued by the City Department of Buildings shall be entitled to the issuance of a license through DOT. During the time that DOT reviews an application for a license relating to sign property that is already in existence, the advertising company maintaining such sign shall continue to maintain the property.

JUSTIFICATION: The program would be administered by the State Department of Transportation, which already regulates outdoor advertising through it s existing sign program for the rest of the State. The fee structure proposed in this bill was recommended by the advertising industry and is expected to generate approximately $315 million in state revenues.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: The bill is estimated to generate at least $15 million in state revenues.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7612 IN SENATE May 15, 2014 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to requiring sign properties, in cities having a population of one million or more, to be licensed by the department of transportation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The transportation law is amended by adding a new section 23 to read as follows: S 23. SIGN PROPERTY LICENSING; CERTAIN CITIES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL MEAN: (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE. (B) "MAINTAIN" MEANS THE MAINTENANCE OF A SIGN PROPERTY INCLUDING, BUT NOT LIMITED TO, THE INSTALLATION, MAINTENANCE AND REMOVAL OF ON-PREMISES AND OFF-PREMISES ADVERTISING COPY ON A SIGN PROPERTY. (C) "SIGN PROPERTY" MEANS AND INCLUDES BILLBOARDS, BULLETINS, WALLS- CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN. 2. NO OUTDOOR ADVERTISING COMPANY SHALL MAINTAIN A SIGN PROPERTY IN A CITY UNLESS THE DEPARTMENT HAS ISSUED AN OUTDOOR ADVERTISING LICENSE TO THE COMPANY FOR EACH SUCH PROPERTY MAINTAINED. FURTHERMORE, THE MAINTE- NANCE OF A SIGN PROPERTY IN A CITY SHALL ONLY BE AUTHORIZED DURING THE TERM OF THE OUTDOOR ADVERTISING LICENSE ISSUED THEREFOR. NO CITY SHALL IMPOSE ANY ADDITIONAL LICENSING REQUIREMENT FOR SIGN PROPERTIES OTHER THAN THOSE CONTAINED IN THIS SECTION, AND THE PROVISIONS OF THIS SECTION SHALL PREEMPT AND SUPERSEDE ANY LOCAL LAW, CODE OR ORDINANCE. 3. AN OUTDOOR ADVERTISING LICENSE MAY BE ISSUED FOR A SIGN PROPERTY UPON THE APPLICATION OF THE OUTDOOR ADVERTISING COMPANY SUBMITTED TO THE DEPARTMENT. THE APPLICATION SHALL BE IN SUCH FORM AND INCLUDE SUCH INFORMATION AS THE DEPARTMENT SHALL DETERMINE. IN ADDITION, EACH SUCH APPLICATION SHALL BE SUBMITTED WITH THE APPROPRIATE ANNUAL LICENSING FEE AS FOLLOWS: (A) FOR STATIC SIGN FACES: (I) WITH A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET: THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;
(II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR MORE SQUARE FEET, BUT LESS THAN SIX HUNDRED SEVENTY-TWO SQUARE FEET: THREE DOLLARS AND SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA; (III) WITH A SURFACE AREA OF SIX HUNDRED SEVENTY-TWO OR MORE SQUARE FEET, BUT NOT MORE THAN ONE THOUSAND ONE HUNDRED SQUARE FEET: FOUR DOLLARS PER SQUARE FOOT OF SURFACE AREA; (IV) WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED SQUARE FEET: FOUR DOLLARS AND TWENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA; OR (B) FOR DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA; AND (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION FOR AN OUTDOOR ADVERTISING LICENSE OR RENEWAL THEREOF, IF ACCEPTED BY THE DEPARTMENT. 4. UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH THE DATE AND TIME THE APPLICATION WAS RECEIVED. THE DEPARTMENT SHALL MAKE A DETERMINATION OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN ONE HUNDRED EIGHTY DAYS OF THE RECEIPT THEREOF. ANY DETERMINATION WHICH EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL. 5. IN THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF AN OUTDOOR ADVERTISING LICENSE, UPON THE FILING OF A STATEMENT OF THE HOLDER OF SUCH LICENSE, PROOF OF SUCH FACTS AS THE DEPARTMENT MAY REQUIRE AND A FEE OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR SUBSTI- TUTE LICENSE. 6. ANY OUTDOOR ADVERTISING COMPANY WHICH UTILIZES A SIGN PROPERTY WHICH WAS ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE ENTITLED TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR SUCH SIGN PROPERTY AS A MATTER OF RIGHT AND RENEWALS THEREOF IN ACCORDANCE WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION BY THE DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO A SIGN PROPERTY IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN- UE TO MAINTAIN THE SIGN PROPERTY. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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