senate Bill S5166

Authorizes commissioner of transportation to exempt certain signs from highway law

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO TRANSPORTATION
  • 02 / Jun / 2011
    • 1ST REPORT CAL.950
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 06 / Feb / 2012
    • 1ST REPORT CAL.176
  • 07 / Feb / 2012
    • 2ND REPORT CAL.
  • 13 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 14 / May / 2012
    • PASSED SENATE
  • 14 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 14 / May / 2012
    • REFERRED TO TRANSPORTATION

Summary

Authorizes commissioner of transportation to exempt certain signs from highway law.

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Bill Details

Versions:
S5166
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Highways
Versions Introduced in 2009-2010 Legislative Cycle:
S6758A

Sponsor Memo

BILL NUMBER:S5166

TITLE OF BILL:
An act
in relation to authorizing
the commissioner of transportation to issue a
permit exempting certain signs

PURPOSE OR GENERAL IDEA OF BILL:
This legislation will authorize the Department of Transportation (DOT)
to rectify an unforeseen issue that resulted from the passage of the
State Scenic Byway law within the City of Watertown.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Authorizes the commissioner of DOT to issue an exemption
pursuant to section 342-I of the highway law for any sign that was
constructed in reliance upon a building permit issued by the city of
Watertown in 2008, provided application is made to the commissioner
of transportation within 180 days of the effective date of this act.

Section 2 Directs the Commissioner of DOT to promulgate rules and
regulations in regards to this exemption.

Section 3 This act sale take effect immediately.

JUSTIFICATION:
As a result of the passage of the "Olympic Trail" law, some businesses
in Watertown are facing expensive propositions to move "off-premise"
signs. This legislation will authorize (DOT)to review this policy and
may make certain exemptions if it will not impact federal funding for
the Scenic Byway program.

Specifically, Arsenal Street in the city of Watertown is heavily
commercial street with many signs 'advertising local businesses.
However, depending upon the legal subdivision of the underlying land,
two identical signs on two identical locations could be treated
differently (i.e. one is authorized as an "on-premise" sign and one
is prohibited as an "off-premise" sign). As a result, the law can be
difficult even for the local government to administer and can have an
unfair application to business owners and the local economy.

This bill will authorize DOT to grant a permit authorizing the
continued use for signs that may have been classified as an
"off-premise" sign but were already constructed in reliance on the
issuance of a local building permit.

However, this law will give DOT the discretion to deny the permit if
it determines, for example, that the issuance will result in a
significant loss of federal funding for the Scenic Byway program.
Therefore, this
legislation balances the benefits of the Scenic Byway law while
affording DOT the ability to provide equitable relief to local
businesses that were unfairly aggrieved by the law.

PRIOR LEGISLATIVE HISTORY: S6758-A of 2010 Passed
Senate


FISCAL IMPLICATIONS FOR STATE MID LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5166

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT in relation to authorizing the commissioner of transportation  to
  issue a permit exempting certain signs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The commissioner of transportation is hereby authorized  to
issue  an exemption pursuant to section 342-i of the highway law for any
sign that was constructed in reliance upon a building permit  issued  by
the  city  of  Watertown  in  2008; provided, application is made to the
commissioner of transportation within 180 days of the effective date  of
this act.
  S  2.  The  commissioner  of transportation shall promulgate rules and
regulations specifying the proof required to establish  reliance  stated
in section one of this act.
  S 3. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08227-01-1

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