Bill Text: CA SB1470 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Outdoor advertising.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-24 - Placed on inactive file on request of Senator Leno. [SB1470 Detail]

Download: California-2009-SB1470-Amended.html

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BILL NUMBER: SB 1470	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2010

INTRODUCED BY    Senators   Steinberg
    and Leno   Senator
  Leno 

                        FEBRUARY 19, 2010

    An act to amend Section 3338 of the Civil Code, relating
to personal property.   An act to amend Section 5216.1
of, and to add Section 5412.5 to, the Business and Professions Code,
relating to outdoor advertising. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1470, as amended,  Steinberg   Leno 
.  Personal property: liens.   Outdoor
advertising.  
   The Outdoor Advertising Act regulates placement of advertising
displays adjacent to and within specified distances of highways that
are part of the national system of interstate and defense highways
and federal-aid highways. The act provides that lawfully erected
advertising displays include displays that were erected in compliance
with state laws and local ordinances in effect at the time of their
erection or displays that were subsequently brought into full
compliance with state laws and local ordinances. The act provides
that an advertising display whose use is modified after erection in a
manner that causes it to become illegal is not a lawfully erected
display. The act requires compensation to be paid to the owner of a
lawfully erected advertising display if the display is compelled to
be removed or its customary maintenance or use is limited, except as
specified.  
   This bill would additionally provide that an advertising display
whose height, orientation, size, or technology is modified after
erection in a manner that causes it to become illegal is not a
lawfully erected display. The bill would provide that a lawfully
erected advertising display includes displays that were subsequently
brought into, and maintained in, full compliance with state laws,
local ordinances, and local building permit requirements. The bill
would authorize a civil action for disgorgement of specified revenues
against the owner, and any person working in concert with the owner,
of a display that is not lawfully erected or that is subsequently
altered in violation of any state law, local ordinance, or local
building permit requirement. The bill would also make an owner of
those displays liable for a civil penalty up to $2,500 for each day
the violation continues. The bill would require moneys collected
pursuant to these provisions to be paid to the General Fund or to the
treasurer of the city or county where a judgment is entered and to
the General Fund, as specified.  
   Existing law provides that one having a lien on personal property
cannot recover damages for its conversion, after his lien is
discharged, greater than the amount secured by the lien. 

   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5216.1 of the  
Business and Professions Code   is amended to read: 
   5216.1.  "Lawfully erected" means, in reference to advertising
displays, advertising displays  which   that
 were erected in compliance with state laws  and
  ,  local ordinances  , and local building
permit requirements  in effect at the time of their erection or
 which   that were subsequently brought
into  , and maintained in,  full compliance with state laws
 and   ,  local ordinances,  except
that the   and local building permit requirements. The
 term does not apply to any advertising display whose use  ,
height, orientation, size, or technology  is modified after
erection in a manner  which   that  causes
it to become illegal. There shall be a rebuttable presumption
pursuant to Section 606 of the Evidence Code that an advertising
display is lawfully erected if it has been in existence for a period
of five years or longer without the owner having received written
notice during that period from a governmental entity stating that the
display was not lawfully erected.
   SEC. 2.    Section 5412.5 is added to the  
Business and Professions Code   , to read:  
   5412.5.  (a) Whenever an advertising display located anywhere in
the state is not lawfully erected or whenever an advertising display
located anywhere in the state that was erected in compliance with
state laws, local ordinances, and local building permit requirements
in effect at the time of its erection is subsequently altered in
violation of any state law, local ordinance, or local building permit
requirement, the Attorney General, any district attorney or county
counsel, or any city attorney or city prosecutor may maintain a civil
action against the display owner and any person working in concert
with the display owner, for the disgorgement of all gross revenues
with respect to the display received by, or owed to, the display
owner and any person working in concert with the display owner while
the display was illegally erected or altered, even if the display was
subsequently brought into full compliance with state laws, local
ordinances, and local building permit requirements. In addition to
any disgorgement of gross revenues, the display owner shall be liable
for a civil penalty not to exceed two thousand five hundred dollars
($2,500) for each violation of any relevant state law, local
ordinance, or local building permit requirement. Each and every day a
violation exists shall constitute a separate and distinct offense.
   (b) If an action under this section is brought by the Attorney
General, the moneys collected shall be paid to the General Fund. If
the action is brought by a district attorney or county counsel,
two-thirds of the moneys collected shall be paid to the treasurer of
the county in which the judgment was entered and one-third shall be
paid to the General Fund. If the action is brought by a city attorney
or city prosecutor, two-thirds of the moneys collected shall be paid
to the treasurer of the city in which the judgment was entered and
one-third shall be paid to the General Fund. This subdivision shall
not apply to any costs awarded pursuant to subdivision (d).
   (c) The procedures established in this section shall be in
addition to any criminal, civil, or other legal remedy established by
law.
   (d) Notwithstanding any other provision of law, if an action
results in the successful enforcement of this section, the agency
bringing the enforcement action may request the court to award the
agency its enforcement costs, including, but not limited to, its
reasonable attorneys' fees for pursuing the action.
   (e) It is the intent of the Legislature that this section
strengthen the ability of local governments to enforce zoning
ordinances governing advertising displays.  
  SECTION 1.    Section 3338 of the Civil Code is
amended to read:
   3338.  A person having a mere lien on personal property, cannot
recover greater damages for its conversion, from one having a right
thereto superior to his or her right, after his or her lien is
discharged, than the amount secured by the lien, and the compensation
allowed by Section 3336 for loss of time and expenses.