Oklahoma 2025 Regular Session

Oklahoma House Bill HB2053 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2053 Page 1 1
	3	+	HB2053 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2053 By: Stinson of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	HOUSE BILL 2053 By: Stinson of the House
30	36
31	37		and
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33	39		Frix of the Senate
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	45	+	AS INTRODUCED
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40	47		An Act relating to transportation; amending 69 O.S .
41	48		2021, Section 1273, which relates to outdoor
42	49		advertising definitions; defining term; and providing
43	50		an effective date.
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48	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	56		SECTION 1. AMENDATORY 69 O.S. 2021, Section 1 273, is
50	57		amended to read as follows:
51	58		Section 1273. As used in Section 1271 et seq. of this title:
52	59		(a) "Sign", "outdoor advertising" or "outdoor advertising
53	60		device" means any ou tdoor sign, display, device, notice, figure,
54	61		painting, drawing, message, placar d, poster, billboard or other
55	62		thing which is designed, intended or used to advertise or inform,
56	63		but shall not include surface markers showing the location or route
57	64		of underground utility facilities or pipelines or public telephone
58	65		coin stations installed f or emergency use.
59		-	(b) "Main traveled way" means the traveled way of a highway on
60		-	which through traffic is carried. In t he case of a divided highway,
61		-	the traveled way of each of the separated roadways for traffic in
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63		-	ENGR. H. B. NO. 2053 Page 2 1
	67	+	HB2053 HFLR Page 2
	68	+	BOLD FACE denotes Committee Amendments. 1
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	93	+	(b) "Main traveled way" means the traveled way of a highway on
	94	+	which through traffic is carried. In the case of a divided highway,
	95	+	the traveled way of each o f the separated roadways for traffic in
88	96		opposite directions is a main traveled way. It does not include
89	97		such facilities as frontage roads, turning roadways or parking
90	98		areas.
91	99		(c) "To erect" and its variants means to construct, build,
92	100		raise, assemble, place, affix, attach, create, paint, draw or in any
93	101		other way bring into being or e stablish. But these shall not
94	102		include any of the foregoing activities when performed as incident
95	103		to the change of advertising message or customary maintenance of the
96	104		sign structure.
97	105		(d) "Unzoned commercial or industrial areas" means those areas
98	106		which are not zoned by state or local law, regulation or ordinance,
99	107		and on which there is located one or more permanent structures
100	108		devoted to a commercial or industrial activity or on which a
101	109		commercial or industrial activity is actually conducted, whether or
102	110		not a permanent structure is located thereon, and the area along the
103	111		highway extending outward six hundred (600) feet from and beyond the
104	112		edge of such activity on both sides of the h ighway. Provided,
105	113		however, the unzoned area shall not include land on the oppo site
106	114		side of an interstate or dual -laned limited access primary highway
107	115		from the commercial or industrial activity establishing the unzoned
108	116		commercial or industrial area or land on the opposite side of other
109		-	federal-aid primary highways, which land is deemed scenic by an
110		-	appropriate agency of the state.
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112		-	ENGR. H. B. NO. 2053 Page 3 1
	118	+	HB2053 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
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	144	+	federal-aid primary highways, which land is deem ed scenic by an
	145	+	appropriate agency of the state.
137	146		All measurements shall be from the outer edges of the regularly
138	147		used buildings, parking lots, storage or processing areas of the
139	148		commercial or industrial activities, not from the property lines of
140	149		the activities, and shall be along or parallel to the edge of
141	150		pavement of the highway. Such an area shall not include any area
142	151		which is beyond six hundred sixty (660) feet from the nearest edge
143	152		of the right-of-way. In unzoned commercial or industrial areas ,
144	153		signs shall not be located:
145	154		(1) Within three hundred (300) feet of any building used
146	155		primarily as a residence, unless the owner of the
147	156		building consents in writing to allow the sign t o
148	157		exist; or
149	158		(2) Within five hundred (500) feet of any of the
150	159		following: public park, garden, recreation area or
151	160		forest preserve, church, school and officially
152	161		designated historical battlefield.
153	162		All spacing considerations are determined by whether or not they
154	163		exist within the adjacent or control area.
155	164		(e) "Commercial and industrial a ctivities" means those
156	165		activities, clearly visible from the main traveled way, generally
157	166		recognized as commercial or industrial by zoning authorities in this
158		-	state, except that none of the following shall be considered
159		-	commercial or industrial:
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161		-	ENGR. H. B. NO. 2053 Page 4 1
	168	+	HB2053 HFLR Page 4
	169	+	BOLD FACE denotes Committee Amendments. 1
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	194	+	state, except that none of the following shall be considered
	195	+	commercial or industrial:
186	196		(1) Agricultural, forestry, ranching, grazing, farming and
187	197		related activities, including, but not limited to,
188	198		wayside fresh produce stands;
189	199		(2) Outdoor advertising structures;
190	200		(3) Transient or temporary activities;
191	201		(4) Activities more than six hundred sixty (660) fee t from
192	202		the nearest edge of the right -of-way;
193	203		(5) Activities conducted in a building principally used as
194	204		a residence; and
195	205		(6) Railroad tracks and minor sidings.
196	206		(f) "Official signs" means signs and notices erected and
197	207		maintained by public officers or publi c agencies within their
198	208		territorial jurisdiction and pursuant to and in accordance with
199	209		direction or authorization contained in federal or state law for the
200	210		purposes of carrying out an official duty or responsibility.
201	211		(g) "Informational signs" means signs containing directions or
202	212		information about public places owned or operated by federal, state
203	213		or local governments or their agencies, publicly or privately owned
204	214		natural phenomena, historic, cultural, educational and religious
205	215		sites, and areas of natural s cenic beauty or naturally suited for
206	216		outdoor recreation, deemed to be in the interest of the traveling
207	217		public.
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209		-	ENGR. H. B. NO. 2053 Page 5 1
	219	+	HB2053 HFLR Page 5
	220	+	BOLD FACE denotes Committee Amendments. 1
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234	245		(h) "On-premise activities signs" means signs advertising
235	246		activities conducted upon the property on which the signs are
236	247		located.
237	248		(i) "On-premise sale or lease signs" means signs advertising
238	249		the sale or lease of property on which they are located.
239	250		(j) "Interstate highway" means any highway at any time
240	251		officially designated a part of the National System of Interstate
241	252		and Defense Highways by the De partment and approved by the
242	253		appropriate authority of the federal government.
243	254		(k) "Primary highway" means the Federal -aid Primary System in
244	255		existence on June 1, 1991, and any highway which is not on that
245	256		system but is on the National Highway System.
246	257		(l) "Centerline of the highway" means a line equidistant from
247	258		the edges of the median separating the main traveled ways of a
248	259		divided highway, or the centerline of the main traveled way of a
249	260		nondivided highway.
250	261		(m) "Adjacent area" or "control area" means the a rea which is
251	262		adjacent to and within six hundred sixty (660) feet of the nearest
252	263		edge of the right-of-way on any interstate or primary highway within
253	264		urban areas, which six -hundred-sixty-foot distance shall be measured
254	265		horizontally along a line perpendicula r to, or ninety (90) degrees
255	266		to, the centerline of the highway. Outside of urban areas, adjacent
256	267		area or control area means the area which is visible from the main
257	268		traveled way on any interstate or primary highway.
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259		-	ENGR. H. B. NO. 2053 Page 6 1
	270	+	HB2053 HFLR Page 6
	271	+	BOLD FACE denotes Committee Amendments. 1
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284	296		(n) "Business area" means any part of a control area which is:
285	297		(1) Within six hundred sixty (660) feet of the nearest
286	298		edge of the right-of-way and zoned for business,
287	299		industrial or commercial activities under the
288	300		authority of any state zoning law , or city or county
289	301		zoning ordinance of this stat e; or
290	302		(2) Not so zoned, but which constitutes an unzoned
291	303		commercial or industrial area as herein defined.
292	304		(o) "Department" means the Department of Transportation of the
293	305		State of Oklahoma.
294	306		(p) "Maintain" means to hold or keep in a state of efficiency
295	307		or validity, to support or sustain, by cleaning or repairing the
296	308		sign or changing the message on its face.
297	309		(q) "Visible" means capable of being seen without visual aid by
298	310		a person of normal visual acuity.
299	311		(r) "License" means the privilege to do business in t he State
300	312		of Oklahoma having been granted by an official agency.
301	313		(s) "Permit" means the privilege to erect a sign or signs in an
302	314		individual location within the State of Oklahoma having been granted
303	315		by an official agency.
304	316		(t) "License fee" means the moneta ry consideration paid for the
305	317		privilege of doing business in the State of Oklahoma.
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307		-	ENGR. H. B. NO. 2053 Page 7 1
	319	+	HB2053 HFLR Page 7
	320	+	BOLD FACE denotes Committee Amendments. 1
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332	345		(u) "Permit fee" means the monetary consideration paid for the
333	346		privilege of erecting a sign or signs in a specific location within
334	347		the State of Oklahoma.
335	348		(v) "Urban area" means an urbanized area or, in the case of an
336	349		urbanized area encompassing more than one state, that part of the
337	350		urbanized area in each such state, or an urban place as designat ed
338	351		by the Bureau of the Census having a population of five thousand
339	352		(5,000) or more and not within any urbanized area, within boundaries
340	353		to be fixed by responsible state and local officials in cooperation
341	354		with each other, subject to approval by the Secretary of
342	355		Transportation. Such boundaries shall, as a minimum, encompass the
343	356		entire urban place designated by the Bureau of the Census.
344	357		(w) "Relocation permit" means a permit issued pursuant to the
345	358		provisions of subparagraph (d) of paragraph (3) of Section 1 275 of
346	359		this title. A relocation permit shall have precedence over any
347	360		municipal or county restriction that interferes with the intended
348	361		purpose of providing a method and opportunity to minimize the cost
349	362		of acquiring legally erected outdoor advertising signs by the
350	363		Department; provided, however, for those municipalities with a
351	364		population in excess of five hundred thousand (500,000) based on the
352	365		most recent census data, neither a relocation permit nor any outdoor
353	366		advertising sign permit shall be issued in th ose areas in which a
354	367		municipality or county has lawfully enacted a prohibition on the
355	368		erection of an outdoor advertising sign. This section shall not
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357		-	ENGR. H. B. NO. 2053 Page 8 1
	370	+	HB2053 HFLR Page 8
	371	+	BOLD FACE denotes Committee Amendments. 1
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382	396		prohibit a registered sign owner from seeking just compensation
383	397		through a legal proceeding.
384	398		(x) "Playground" means an outdoor space that contains
385	399		permanently affixed playground equipm ent where the primary use is
386	400		for children to play, excluding those spaces where the equipment is
387	401		an accessory use to a commercial enterprise. Playground equipment
388	402		located on privately owned residential properties, where the primary
389	403		use is to serve the per sonal residence, shall also not be
390	404		considered.
391	405		SECTION 2. This act shall become effective November 1, 202 5.
392		-	Passed the House of Representatives the 10th day of March, 2025.
393	406
394		-
395		-
396		-
397		-	Presiding Officer of the House
398		-	of Representatives
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402		-	Passed the Senate the _____ day of __________, 2025.
403		-
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406		-
407		-	Presiding Officer of the Senate
	407	+	COMMITTEE REPORT BY: COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT
	408	+	OVERSIGHT, dated 02/25/2025 – DO PASS.