LRB-1461/1
ARG:jld:pg
2005 - 2006 LEGISLATURE
October 11, 2005 - Introduced by Representatives Friske, Ainsworth, Hahn, Davis,
Musser, Albers, Townsend, Krawczyk, Gunderson and Ballweg,
cosponsored by Senators Grothman and Reynolds. Referred to Committee on
Transportation.
AB741,1,3
1An Act to renumber 84.30 (18);
to amend 84.30 (18) (title) and 227.43 (1) (bg);
2and
to create 84.30 (18) (b) of the statutes;
relating to: review of Department
3of Transportation decisions related to outdoor advertising signs.
Analysis by the Legislative Reference Bureau
The federal Highway Beautification Act requires states to restrict advertising
along interstate and federal-aid primary highways, and current state law
incorporates these requirements. Current law prohibits, with certain exceptions,
the erection or maintenance of outdoor advertising signs within 660 feet of, or
otherwise visible (and intended to be visible) from, the main-traveled way of an
interstate or federal-aid primary highway. Exceptions to this prohibition include,
with some restrictions, directional and other official signs, landmark signs, signs
advertising the sale or lease of property, "on-premises" signs, signs located beyond
660 feet of the highway in urban areas, and signs in business areas. The Department
of Transportation (DOT) may remove, upon 60 days' prior written notice, certain
signs that do not conform to applicable requirements but, for each sign removed,
must pay just compensation to the owner of the sign and to the owner of the land on
which the sign is located. A person receiving such a notice is entitled to a hearing
before the Division of Hearings and Appeals (DHA) in the Department of
Administration to contest the sign removal. (A person who contests only the amount
of compensation payable by DOT for a sign removal or relocation is entitled to bring
a condemnation action.) DOT also issues licenses to persons authorizing them to
engage in the business of outdoor advertising and may, by rule, require the payment
of annual permit fees for most outdoor advertising signs. Upon 30 days' prior written
notice, DOT may revoke a license. Hearings concerning the denial or revocation of
a sign permit or license must be conducted before the DHA. A person may obtain
judicial review of a final decision of the DHA in the circuit court, but this review is
conducted by the court without a jury and is confined to the record before the DHA.
The circuit court does not conduct its own evidentiary proceeding.
This bill allows a person aggrieved by a DOT notice of intent to remove an
outdoor advertising sign or to revoke an outdoor advertising sign business license,
or by a denial or revocation of any other outdoor advertising sign permit or license,
to consider the notice, denial, or revocation to be DOT's final decision on the matter
and to elect to bypass the DHA administrative hearing process and institute a civil
action in circuit court to contest DOT's decision. In a circuit court action, the person
is entitled to an evidentiary proceeding governed by the rules of civil procedure. A
person must bring an action before the circuit court within 20 days of DOT's decision
but may not bring an action in the circuit court if a hearing before the DHA has
already been initiated.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB741, s. 1
1Section
1. 84.30 (18) (title) of the statutes is amended to read:
AB741,2,22
84.30
(18) (title)
Hearings; transcripts
; judicial review.
AB741, s. 2
3Section
2. 84.30 (18) of the statutes is renumbered 84.30 (18) (a).
AB741, s. 3
4Section
3. 84.30 (18) (b) of the statutes is created to read:
AB741,3,45
84.30
(18) (b) Notwithstanding par. (a), sub. (10) (d), and s. 801.50, a person
6aggrieved by a sign removal notice under sub. (11), a notice that the department may
7revoke the person's license under sub. (10) (d), or any other denial or revocation of
8a sign permit or license under this section may consider the notice, denial, or
9revocation to be the department's final decision on the matter and may, within 20
10days after this decision, bring an action to contest this decision in the circuit court
11of any county where the person resides or where a sign subject to such a notice is
12located. Any action brought under this paragraph is an action for purposes of s.
1801.01, governed by procedures and practice under chs. 801 to 847, except that venue
2for the action shall be as provided in this paragraph. A person may not bring an
3action under this paragraph if a hearing on the matter has been initiated under par.
4(a).
AB741, s. 4
5Section
4. 227.43 (1) (bg) of the statutes is amended to read:
AB741,3,126
227.43
(1) (bg) Assign a hearing examiner to preside over any hearing or review
7under ss. 84.30 (18)
(a), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b),
886.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20
9(19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4),
10(7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32
11(4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and
12348.25 (9).
AB741,3,1514
(1) This act first applies to notices, denials, and revocations of the department
15of transportation occurring on the effective date of this subsection.
