State of South Dakota  

762T0644   HOUSE ENGROSSED    NO.  SB 157 -  2/23/2012  

Introduced by:    Senators Olson (Russell), Frerichs, Gray, Hansen (Tom), Heineman, Hundstad, Krebs, Nygaard, Peters, Rave, Schlekeway, and Tidemann and Representatives Rausch, Boomgarden, Carson, Cronin, Fargen, Hawley, Hoffman, Moser, Novstrup (David), Perry, Tulson, Verchio, Wick, and Willadsen

        FOR AN ACT ENTITLED, An Act to revise certain provisions relating to outdoor advertising signs.
    Section 1. That § 31-29-66 be amended to read as follows:
    31-29-66. The standards and criteria for lighting of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:
            (1)    No revolving or rotating beam of light simulating an official emergency device is permitted. Signs with flashing lights of any color are not permitted, except illuminating signs giving such public service information as time, date, or temperature;
            (2)    External lighting, such as floodlights, thin-line and gooseneck reflectors, is permitted, if it is shielded so as to prevent the direction of rays of light to any part of the

main-traveled way;

            (3)    No lighting is permitted which is of such brilliance or intensity so as to establish glare or reflection which would interfere with the effectiveness of any official traffic control device or official sign or interfere with the motorist's view of traffic conditions; and
            (4)    A changeable message sign is permitted as an off-premise sign, regardless of the technology used, if the message is changed not more than once every six seconds and if the message is not continuously scrolled. Such sign shall be equipped with automatic dimming technology that automatically adjusts the sign's brightness in direct correlation with ambient light conditions. No sign may exceed a brightness level of three tenths foot candles above ambient light as measured using a foot candle meter at a preset distance depending on the sign area, measured as follows:
Billboard Dimensions (ft.)   Measurement Distance (ft.)  
11x22   150  
10.5x36   200  
14x48   250  
20x60   350  
    Section 2. That § 31-29-69 be amended to read as follows:
    31-29-69. Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes any local authority to prohibit outdoor advertising throughout its jurisdiction. However, any such local authority may regulate and control outdoor advertising if the regulation and control shall be is reasonable and reasonably related to the needs of the business community to adequately and properly advertise its goods and services of benefit to the traveling public. No local authority may impose regulations on advertising technology that are more stringent than the standards and criteria provided in § 31-29-66.