Senator Michael K. McKell proposes the following substitute bill:




Chief Sponsor: Michael K. McKell

House Sponsor: Casey Snider


8     General Description:
9          This bill enacts provisions related to the removal of campaign signs.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     authorizes a transportation authority that removes a campaign sign from a roadway
14     to seek reimbursement for the removal from the candidate for public office
15     identified on the campaign sign; and
16          ▸     requires a transportation authority to provide a candidate for public office an
17     opportunity to contest payment of the reimbursement.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     ENACTS:
24          20A-17-104, Utah Code Annotated 1953

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 20A-17-104 is enacted to read:
28          20A-17-104. Removal of campaign signs from roadway by a transportation
29     authority -- Reimbursement.
30          (1) As used in this section:
31          (a) "Campaign sign" means a sign or document that advocates for the election of a
32     candidate to public office.
33          (b) "Declaration of candidacy" means the form an individual seeking to become a
34     candidate for public office files with the filing officer under Section 20A-9-202 or 20A-9-203.
35          (c) "Filing officer" means the same as that term is defined in Section 20A-9-101.
36          (d) "Mailing address" means:
37          (i) the address an individual designates on a declaration of candidacy as the address
38     where the individual may receive official election notices; or
39          (ii) if the address described in Subsection (1)(d)(i) is a protected record under Section
40     63G-2-305, the additional contact address the individual filing a declaration of candidacy
41     provides to the filing officer.
42          (e) "Municipality" means the same as that term is defined in Section 20A-1-102.
43          (f) "Public office" means the offices of governor, lieutenant governor, state auditor,
44     state treasurer, attorney general, state school board member, state senator, state representative,
45     or an elective office in a municipality.
46          (g) (i) "Roadway" means:
47          (A) a state highway, as described in Section 72-3-102;
48          (B) a county road, as described in Section 72-3-103;
49          (C) a city street, as described in Section 72-3-104;
50          (D) a class D road, as described in Section 72-3-105; and
51          (E) a rail-based fixed guideway operated by a large public transit district.
52          (ii) "Roadway" includes:
53          (A) the right-of-way for a roadway; and
54          (B) infrastructure appurtenant to a roadway that is owned, maintained, or operated by a
55     transportation authority.
56          (h) "Transportation authority" means:

57          (i) a city, county, town, or metro township;
58          (ii) a large public transit district organized under Title 17B, Chapter 2a, Part 8, Public
59     Transit District Act; or
60          (iii) the Department of Transportation created in Title 72, Chapter 1, Part 2,
61     Department of Transportation.
62          (2) A transportation authority that removes a campaign sign from a roadway may seek
63     reimbursement, from the candidate identified on the sign, for removing the sign at the rate of
64     $15 per sign removed, if:
65          (a) the placement of the sign creates a public safety hazard; or
66          (b) the transportation authority is otherwise authorized by law to remove the campaign
67     sign from the roadway.
68          (3) A transportation authority that seeks reimbursement for removing a campaign sign
69     under Subsection (2) shall:
70          (a) obtain, from the filing officer, the mailing address of the candidate for public office
71     who is identified on the campaign sign; and
72          (b) mail a reimbursement notice to the candidate.
73          (4) A reimbursement notice shall include:
74          (a) the number of campaign signs removed from the roadway by the transportation
75     authority;
76          (b) the reimbursement amount; and
77          (c) any other information determined relevant by the transportation authority to obtain
78     reimbursement for removing the campaign sign from the roadway.
79          (5) (a) Subject to Subsection (5)(b), a candidate for public office that receives a
80     reimbursement notice under this section shall pay the amount specified in the notice no later
81     than 30 days after the day on which the notice is received in the mail.
82          (b) A transportation authority shall provide the candidate for public office a reasonable
83     opportunity to establish, by a preponderance of the evidence, that payment of the
84     reimbursement notice is not required.
85          (6) A candidate for public office that receives a reimbursement notice under this
86     section may use campaign funds to pay the reimbursement amount specified in the notice.