Bill Text: CA SB459 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Public employee retirement systems: prohibited investments: retailers and wholesalers of banned weapons.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2018-06-20 - June 20 set for first hearing canceled at the request of author. [SB459 Detail]

Download: California-2017-SB459-Amended.html

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Amended  IN  Senate  January 03, 2018

Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 459

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Introduced by Senator Portantino

February 16, 2017

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An act to add Section 5442.12 to the Business and Professions Code, relating to outdoor advertising. An act to amend Section 26720 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL'S DIGEST

SB 459, as amended, Portantino. Outdoor advertising displays: City of Upland. Firearms: dealer inspections.

Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the department’s fee that relates to the cost of inspections.

This bill would require the department to conduct inspections of dealers at least every 2 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program.

(1)The Outdoor Advertising Act regulates placement of advertising signs adjacent to and within specified distances of certain highways. The act prohibits advertising displays from being placed or maintained on property adjacent to a section of a freeway that has been landscaped, with certain exceptions. A violation of the act is a misdemeanor.

This bill would authorize the use of 2 existing advertising displays in the City of Upland adjacent to Interstate 210 if specified conditions are met. Because a violation of the bill’s provisions would be a crime, the bill would impose a state-mandated local program.

The bill would also make findings and declarations as to the need for a special statute relating to the City of Upland.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 26720 of the Penal Code is amended to read:

26720.

 (a)  The Except for a dealer specified in subdivision (c), the Department of Justice may inspect dealers shall conduct inspections of dealers at least every two years to ensure compliance with the provisions listed in Section 16575.

(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.

(c) Dealers A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law shall be is exempt from that portion of the department’s fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (a) to ensure compliance with Section 16575.

SECTION 1.Section 5442.12 is added to the Business and Professions Code, to read:

5442.12.

(a)Notwithstanding any other provision of this chapter, Section 5440 does not apply to any advertising display in the City of Upland, if all of the following conditions are met:

(1)The advertising display is located within the boundaries of the City of Upland.

(2)The advertising display was constructed on or before January 1, 2013.

(3)The advertising display is adjacent to Interstate 210 and located at the Colonies Crossroads commercial business center.

(4)The advertising display does not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material.

(5)The display does not impose additional liability on the Department of Transportation.

(6)(A)Before the display may be used for commercial advertising, the department shall determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department.

(B)If the department is unable to make the determination required pursuant to subparagraph (A), the department shall request the Federal Highway Administration (FHWA) of the United States Department of Transportation to make the determination. Upon receipt of a determination by the FHWA that makes the finding described in subparagraph (A), the display may be used for commercial advertising.

(7)The display is not inconsistent with federal law and does not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code.

(b)Not more than two advertising displays whose maintenance is otherwise prohibited under this chapter shall be maintained at the Colonies Crossroads commercial business center.

(c)If any or all of the two advertising displays authorized pursuant to this section are changeable message signs, the City of Upland shall make the displays available on a space-available basis for use by the Department of Transportation or the Department of the California Highway Patrol for public service messages, including Emergency Alert System (Amber Alert) messages disseminated pursuant to Section 8594 of the Government Code, and messages containing, among other things, reports of commute times, drunk driving awareness messages, reports of accidents of a serious nature, and emergency disaster communications.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3.

Due to unique circumstances concerning the location of the two advertising displays located in the City of Upland set forth in this act and the need for advertising in that location, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, 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.