FISCAL NOTE
Date Requested: January 11, 2023
Time Requested: 10:47 PM |
| Agency: |
Highways, Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1511 |
Introduced |
SB118 |
|
|---|
| CBD Subject: |
Actions, Suits and Liens |
|---|
|
FUND(S):
State Road Fund
Sources of Revenue:
Special Fund
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
The proposed Senate Bill 118 creates an exception to Outdoor Advertising Code allowing a person to place signs, displays or devices advertising events, sponsored by not-for-profit organizations to be held no more frequently than once a year at locations other than where the event will be held (off premises), without obtaining a license. Outdoor Advertising rules at both the federal and state level are complex. The West Virginia Division of Highways (DOH) (Outdoor Advertising Section) has performed a very preliminary review of the proposed bill. The Federal Highway Administration (FHWA) Division Office previously provided comments on this bill as introduced in 2017 Legislative Session as HB2365 and 2019 Legislative Session as HB2505. Pertinent information from FHWA's review of previous similar proposed legislation is incorporated as appropriate.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2023
Increase/Decrease
(use"-") |
2024
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
700,000,000 |
725,000,000 |
750,000,000 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
As detailed in a letter dated July 3, 2007 from FHWA, FHWA demonstrated the financial impact on if it was determined DOH is not meeting the requirements of maintaining effective control of outdoor advertising. West Virginia Department of Transportation (DOT) federal apportionment for Federal Fiscal Year 2023 is roughly $700M resulting in an estimated penalty of up to $70M (10% of the annual apportionment) if FHWA made the referenced determination. The bonus payback would be an additional $2M.
Memorandum
Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
• This and similar bills appear to violate federal law as well as the DOH’s January 6, 1969 agreement with the FHWA as there were no provisions to regulate temporary outdoor advertising signing with respect to location, sign size, spacing or lighting which is in violation of 23 CFR 750. Information can be found at: https://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0750g.htm
• Section 2 allows signs to be placed three weeks in advance; however, no specific time period after the “event” is addressed.
• No provision for penalties are mentioned for those that advertise, in clearly a temporary manner that is not consistent with this bill.
• The bill is silent that sponsorship cannot be included on any sign, display or device
• It is unclear whether this allows unlimited placement of signing for events
• It should be noted that in our quick review, we could find no similar program in another state
• Special sale is open to significant interpretation and should be further defined
• At first blush, temporary signing management by DOH seems to require a significant amount of manpower and will be exceptionally difficult to manage due to its transient nature
* A subsection should be added to preclude the placement of signs in a location, manner, size that would constitute an obstruction or in any way affect the safety of the traveling public or efficient flow of traffic
However, DOH has discussed this with FHWA and believe we can develop a "Policy" that will allow almost all of the types of signs listed in the proposed bill. Auctions may not be permissable. DOH is currently working on this policy.
Person submitting Fiscal Note: Lorrie Hodges
Email Address: lorrie.a.hodges@wv.gov