senate Bill S7612

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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May 15, 2014 referred to transportation

S7612 - Bill Details

See Assembly Version of this Bill:
A9663
Current Committee:
Law Section:
Transportation Law
Laws Affected:
Add ยง23, Transp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2150
2009-2010: A11504

S7612 - Bill Texts

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

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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.

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

                                  7612

                            I N  S E N A T E

                              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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15149-01-4

S. 7612                             2

  (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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