HJR25: requested by the joint legislative committee on administrative rules relative to a certain rule proposed by the department of transportation.

CHAPTER 179

HJR 25 – FINAL VERSION

13May2004… 1551eba

2004 SESSION

04-2358

06/09

HOUSE JOINT RESOLUTION 25

A RESOLUTION requested by the joint legislative committee on administrative rules relative to a certain rule proposed by the department of transportation.

SPONSORS: Rep. Patten, Carr 7; Rep. Mercer, Hills 59; Rep. O’Neil, Rock 85; Rep. Wall, Straf 72; Rep. Kathleen Taylor, Straf 70; Sen. Below, Dist 5; Sen. Estabrook, Dist 21; Sen. Gatsas, Dist 16; Sen. Larsen, Dist 15; Sen. Flanders, Dist 7

COMMITTEE: Executive Departments and Administration

ANALYSIS

This joint resolution is requested by the joint legislative committee on administrative rules to prohibit the department of transportation from implementing a certain rule and for the general court to reexamine the issue which forms the basis for the rule.

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13May2004… 1551eba

04-2358

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

A RESOLUTION requested by the joint legislative committee on administrative rules relative to a certain rule proposed by the department of transportation.

Whereas, the joint legislative committee on administrative rules has considered a rule proposed by the department of transportation, Tra 601.15, which allows businesses with driveway access to a highway to place advertising signs within the state right-of-way; and

Whereas, the Federal Highway Administration has submitted written testimony to the committee that Tra 601.15 conflicts with federal statutes, 23 U.S.C. Sections 109(d) and 402(a), and federal regulations, 23 C.F.R. sections 1.23(b) and 655.603(a); and

Whereas, the state right-of-way is public property and Tra 601.15 permits commercial signs on this public property but does not permit non-commercial signs, an action which the committee has determined violates Part I, Article 22 of the New Hampshire Constitution and Amendment I and Amendment XIV to the United States Constitution; and

Whereas, the Federal Highway Administration has submitted written testimony to the committee indicating that implementation of Tra 601.15 will likely result in the withholding of federal highway funds and other testimony has indicated that the amount of highway funds at risk is $125-$140 million annually, which loss was not included in the department’s fiscal impact statement for final proposal 2003-87 which included Tra 601.15; and

Whereas, the committee voted on December 4, 2003 to enter a final objection to Tra 601.15 and to sponsor a joint resolution opposing it on the grounds that it is contrary to legislative intent because it violates federal statutes and regulations, violates the New Hampshire and United States Constitutions, and has a substantial economic impact not recognized in the fiscal impact statement; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That the department of transportation is prohibited from adopting rule Tra 601.15; and

That the general court establish a committee to study the issue of advertising signs in the state rights-of-way in light of the possible conflicts with federal law and the state and federal constitutions and to determine whether there are alternatives that would not have the potential for loss of federal highway funds to the state; and

That the membership, compensation, duties, and report of the committee shall be as follows:

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The committee shall study the issue of advertising signs in the state rights-of-way in light of the possible conflicts with federal law and the state and federal constitutions and to determine whether there are alternatives that would not have the potential for loss of federal highway funds to the state.

IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

V. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2004.

Approved: June 1, 2004