Senate advances sign-regulation bill, preserves right to trial de novo; debate over attorney-fee language and fee-setting by rule

The Utah Senate advanced Senate Bill 12 on a third reading vote after lawmakers debated whether the measure properly preserves landowners' rights and how the state should set sign-permit fees.

Supporters said the bill retains the right for a party to seek a trial de novo after an administrative hearing, ensuring that disputes over removal of outdoor-advertising signs can be reheard in a court rather than resolved solely on an administrative record. An unnamed senator speaking on the floor said, “If you do that and then find that you have not come to an agreement after the administrative hearing, then you would have the right to seek a resolution by trial de novo.” The transcript shows that the Senate then proceeded to a third-reading roll call and the chair announced the result for Senate Bill 12.

The floor exchange also covered fee-setting authority. One senator asked whether changing a fixed fee into an amount set by administrative rule would raise costs; a floor speaker noted that the current schedule is $15 per sign and acknowledged the department may increase fees under rulemaking but pointed out the administrative-rule process requires a public hearing and gives industry an opportunity to comment.

A separate line of debate concerned attorney-fees language. A senator proposed removing the phrase “including reasonable attorney's fees” from a provision that would otherwise allow recovery of costs of suit. The proponent argued that removing the clause would reduce the advantage a well-funded government defendant can have and would make attorney-fee awards more mutually applicable to both landowners and the state.

The bill also clarifies scope: it covers outdoor advertising that advertises goods or services located elsewhere and applies to federal-aid primary highway rights-of-way and immediately adjacent permitted locations. The transcript records repeated clarifications that signs constructed illegally in the right-of-way may be removed immediately under separate permit-violation provisions, while permitted or adjacent signs are subject to the administrative process and appeal rights preserved by the bill.

The Senate completed third-reading procedures and moved the bill on the calendar; the chair recorded the roll-call tally in the transcript.

The bill will now proceed under the Senate calendar process for any further floor action or assignment to take effect under legislative rules.