I
105TH CONGRESS
1ST SESSION
H. R. 1449
To amend the Internal Revenue Code of 1986 to impose an annual tax
on outdoor advertising to provide funding for surface transportation
programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 24, 1997
Mr. LEWIS of Georgia (for himself, Mr. FARR of California, Mr. STARK, Mrs.
MINK of Hawaii, Mr. DELLUMS, Mr. LIPINSKI, and Ms. CHRISTIAN-
GREEN) introduced the following bill; which was referred to the Commit-
tee on Ways and Means, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To amend the Internal Revenue Code of 1986 to impose
an annual tax on outdoor advertising to provide funding
for surface transportation programs, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Billboard Fair Share
Act’’.
SEC. 2. TAX ON OUTDOOR ADVERTISING.
(a) IN GENERAL.—Subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to income taxes)
is amended by adding at the end the following new part:
‘‘PART VIII—OUTDOOR ADVERTISING
‘‘Sec. 59B. Outdoor advertising.
‘‘SEC. 59B. OUTDOOR ADVERTISING.
‘‘(a) IMPOSITION OF TAX.—There is hereby imposed
a tax equal to 15 percent of the gross income received
or accrued by any person from the lease of any taxable
outdoor advertising display. Such tax shall be in addition
to any other tax imposed by this subtitle.
‘‘(b) TAXABLE OUTDOOR ADVERTISING DISPLAY.—
For purposes of this section, the term ‘taxable outdoor ad-
vertising display’ means any outdoor advertising display
(as defined by section 1033(g)(3)(C)) other than such a
display having 32 square feet or less of advertising space.’’
(b) CLERICAL AMENDMENT.—The table of parts for
subchapter A of chapter 1 of such Code is amended by
adding at the end the following new item:
‘‘Part VIII. Outdoor advertising.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
the date of the enactment of this Act.
SEC. 3. OUTDOOR ADVERTISING PROGRAM TRUST FUND.
(a) IN GENERAL.—Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to Trust Fund
Code) is amended by adding at the end the following new
section:
‘‘SEC. 9512. OUTDOOR ADVERTISING PROGRAM TRUST
FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund
to be known as the ‘Outdoor Advertising Program Trust
Fund’, consisting of such amounts as may be appropriated
or credited to such trust fund as provided in this section
or section 9602(b).
‘‘(b) TRANSFERS TO TRUST FUND.—There are here-
by appropriated to the Outdoor Advertising Program
Trust Fund amounts equivalent to the revenues received
in the Treasury from the tax imposed by section 59B (re-
lating to tax on outdoor advertising).
‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts
in the Outdoor Advertising Program Trust Fund shall be
available, as provided in the Billboard Fair Share Act,
only for purposes of making expenditures in accordance
with section 5 of such Act.’’
necessary, but not to exceed 2 percent of all sums so made
available, for administering the provisions of this Act.
SEC. 6. USE OF FUNDS.
85 percent of the funds apportioned to a State under
section 5 for fiscal year shall only be available for carrying
out transportation enhancement activities under title 23,
United States Code; except that if, upon request of a
State, the Secretary of Transportation certifies that there
is no sign, display, or device within the boundaries of the
State that does not conform with section 131 of such title,
such percentage shall be 50 instead of 85. The remainder
of such funds may be obligated by the State for the sur-
face transportation program under section 133 of such
title.
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