Stricken language would be deleted from and underlined language would be added to present law.
Act 377 of the Regular Session
1 State of Arkansas As Engrossed: S2/23/21 S3/3/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 263
4
5 By: Senator K. Hammer
6 By: Representative Furman
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8 For An Act To Be Entitled
9 AN ACT TO REGULATE THE ATTACHMENT OF SIGNS TO UTILITY
10 POLES; AND FOR OTHER PURPOSES.
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13 Subtitle
14 TO REGULATE THE ATTACHMENT OF SIGNS TO
15 UTILITY POLES.
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18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
19
20 SECTION 1. Arkansas Code 5-67-103(a), concerning the prohibition on
21 attaching signs to utility poles or living plants, is amended to read as
22 follows:
23 (a)(1) It is unlawful for any person, firm, corporation, or
24 association to nail, staple, or otherwise attach or cause to be nailed,
25 stapled, or otherwise attached any sign, poster, or billboard to any public
26 utility pole used to provide utility, cable, telecommunication, or broadband
27 services or to any living tree, shrub, or other plant located upon the
28 rights-of-way of any public road, highway, or street in this state.
29 (2) However, this The prohibition described in subdivision
30 (a)(1) of this section does not apply to a warning, safety, or identification
31 sign attached to a public utility pole by a utility company or cooperative
32 provider of utility, cable, telecommunication, or broadband services or to an
33 attachment authorized under 14-54-701(a)(3).
34
35 SECTION 2. Arkansas Code 14-54-701(a), concerning the authority of
36 municipalities to operate utilities, is amended to add an additional
*ANS125* 03-03-2021 13:44:22 ANS125
 As Engrossed: S2/23/21 S3/3/21 SB263
1 subdivision to read as follows:
2 (3) A municipality may:
3 (A) Allow the installation of attachments to poles owned
4 by the municipality; and
5 (B)(i) Adopt an ordinance that allows the temporary
6 attachment of the flag of the United States, the state flag, or a flag of a
7 municipality to a pole owned by the municipality.
8 (ii) The ordinance under subdivision (a)(3)(B)(i) of
9 this section:
10 (a) Shall include:
11 (1) Restrictions concerning the size of
12 the pole attachment, including height and length;
13 (2) The type of pole attachment;
14 (3) Roadway visibility;
15 (4) Dates when flag placement may be
16 utilized; and
17 (5) Other provisions that may be
18 necessary to protect an employee of a municipality who may have to physically
19 climb a pole owned by the municipality; and
20 (b) Shall not:
21 (1) Allow any attachment to a pole in a
22 state highway right-of-way; or
23 (2) Authorize a member of the public to
24 install an attachment to a pole owned by a municipality.
25
26 SECTION 3. Arkansas Code 23-4-1002 is amended to read as follows:
27 23-4-1002. Nondiscriminatory access for pole attachments.
28 A public utility shall provide nondiscriminatory access for a pole
29 attachment to:
30 (1) An electric utility;
31 (2) A telecommunications provider;
32 (3) A cable television service; or
33 (4) A cable Internet internet access service; or
34 (5) A municipality.
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2 03-03-2021 13:44:22 ANS125
 As Engrossed: S2/23/21 S3/3/21 SB263
1 /s/K. Hammer
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4 APPROVED: 3/17/21
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Statutes affected:
Old version SB263 Original - 2-2-2021 03:08 PM: 5-67-103(a), 14-54-701(a), 23-4-1002, 23-4-1003(b)
Old version SB263 V2 - 2-23-2021 09:20 AM: 5-67-103(a), 14-54-701(a)
Old version SB263 V3 - 3-3-2021 01:44 PM: 5-67-103(a), 14-54-701(a)
SB 263: 5-67-103(a), 14-54-701(a)
Act 377: 5-67-103(a), 14-54-701(a)
Old version of SB 263 - 03-03-21: 5-67-103(a), 14-54-701(a)
Old version of SB 263 - 02-23-21: 5-67-103(a), 14-54-701(a)
Old version of SB 263 - 02-02-21: 5-67-103(a), 14-54-701(a), 23-4-1002, 23-4-1003(b)