Bill Text: CA SB402 | 2011-2012 | Regular Session | Amended

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Bill Title: Outdoor advertising: exemptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-09-09 - In Senate. Concurrence in Assembly amendments pending. Re-referred to Com. on RLS. [SB402 Detail]

Download: California-2011-SB402-Amended.html

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BILL NUMBER: SB 402	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN ASSEMBLY  AUGUST 31, 2011
	AMENDED IN ASSEMBLY  AUGUST 26, 2011
	AMENDED IN SENATE  MARCH 31, 2011

INTRODUCED BY   Senator Vargas

                        FEBRUARY 16, 2011

   An act to add Section 5272.4 to the Business and Professions Code,
relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 402, as amended, Vargas.  Outdoor advertising: exemptions.
   Existing law, the Outdoor Advertising Act, regulates the placement
of outdoor advertising displays along highways. Certain exemptions
from the regulations of the act are provided, including exemptions
for certain on-premise advertising displays that advertise the
business conducted, services rendered, or goods produced or sold on
the property where the displays are located.
   This bill would provide an exemption from the regulations of the
Outdoor Advertising Act for up to 3 advertising displays located
within 1,800 feet of the intersection of State Highway Routes 8 and
111 in the County of Imperial if certain conditions are satisfied.
   This bill would make legislative findings and declarations as to
the necessity of a special statute.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5272.4 is added to the Business and Professions
Code, to read:
   5272.4.  None of the provisions of this chapter apply to an
advertising display located within a distance of 1,800 feet of the
intersection of State Highway Routes 8 and 111 in the County of
Imperial, if all of the following conditions are met:
   (a) Written evidence is provided to the department indicating that
both the owner or person in control or possession of the property
upon which the advertising display is to be located and the city or
county with land use jurisdiction over that property have consented
to the placing of the display.
   (b) No more than three displays are placed by the owner or person
in control or possession of the property pursuant to this section.
   (c) Placement of the display will not necessitate trimming,
pruning, topping, or removal of existing trees in order to make the
display visible or to improve its visibility, unless done as part of
the normal landscape maintenance activities that would be undertaken
without regard to the placement of the display. 
   (d) The display does not advertise products or services that are
directed at an adult population, including, but not limited to,
alcohol, tobacco, gambling, or sexually-explicit material. 

   (d) 
    (e   )  The display does not cause a reduction
in federal aid highway funds, as provided in Section 131 of Title 23
of the United States Code.  If the display causes a reduction in
federal aid highway funds, the department shall revoke the permit
granted under this section. 
  SEC. 2.  Due to the unique circumstances concerning the location of
the advertising that is the subject of this act and the need for
advertising in the County of Imperial, it is necessary that an
exemption from the Outdoor Advertising Act be provided for that
advertising, and the Legislature finds and declares that a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution.