BILL NUMBER: SB 694 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2013
INTRODUCED BY Senator Correa
FEBRUARY 22, 2013
An act to amend Section 5203 of add
Section 5272.1 to the Business and Professions Code, relating
to outdoor advertising.
LEGISLATIVE COUNSEL'S DIGEST
SB 694, as amended, Correa. Outdoor advertising:
definition of advertising structure. Outdoor
advertising: transit stations.
The Outdoor Advertising Act provides for the regulation by the
Department of Transportation of advertising displays, as defined,
within view of public highways. The act exempts from certain of its
provisions advertising displays that advertise the business conducted
or services rendered or goods produced or sold on the property upon
which the display is placed, as specified. Existing law also exempts
certain advertising displays in existence before January 1, 2009, at
an arena located on public land with a capacity of 5,000 seats or
more that provides a permanent venue for professional sports, subject
to certain conditions.
This bill would also exempt from certain provisions of the Outdoor
Advertising Act advertising displays on public property upon which
is located a facility that primarily serves as a multimodal transit
station that is to serve as a station for the high-speed train
system, as specified. The bill would impose various conditions on an
advertising display erected under these circumstances.
The Outdoor Advertising Act provides for regulation by the
Director of Transportation of advertising displays, as defined,
within view of public highways. The act regulates the placement of
off-premises advertising displays along highways, which displays
generally advertise business conducted or services rendered or goods
produced or sold at a location other than the property upon which the
display is located.
This bill would make nonsubstantive changes to the act.
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 5272.1 is added to the
Business and Professions Code , to read:
5272.1. (a) With the exception of Article 4 (commencing with
Section 5300) and Sections 5400 and 5404, inclusive, nothing
contained in this chapter applies to any advertising display that is
exclusively on public property upon which is located a facility that
primarily serves as a multimodal transit station for various modes of
transportation, including, but not limited to, passenger rail, that
supports the goals of the region's sustainable communities strategy,
as described in Section 65080 of the Government Code, and that
satisfies either of the following:
(1) Serves as a current or future station for the high-speed train
system at a location in the corridor identified in paragraph (2) of
subdivision (b) of Section 2704.04 of the Streets and Highways Code.
(2) Serves as a station for the high-speed train system at any
additional location in the corridors identified in paragraph (3) of
subdivision (b) of Section 2704.04 of the Streets and Highways Code,
provided it is approved as a station by the High-Speed Rail
Authority.
(b) To advertise any products, goods, or services on an
advertising display pursuant to this section, all of the following
shall apply:
(1) The facility shall be publicly owned and operated and shall be
located on public land.
(2) The advertising display shall not advertise products, goods,
or services related to distilled spirits, tobacco, firearms, or
sexually explicit material.
(3) The advertising display shall not cause a reduction in federal
aid highway funds as provided in Section 131 of Title 23 of the
United States Code.
(c) Any advertising display erected pursuant to this section shall
be authorized by, or be in accordance with, an ordinance, including,
but not limited to, a specific plan or sign district, adopted by the
city or county, as applicable, that regulates advertising displays
by either identifying the specific displays or by establishing
regulations that include, at a minimum, all of the following:
(1) The number of signs and total signage area allowed.
(2) The maximum individual signage area.
(3) Minimum sign separation.
(4) Illumination restrictions and regulations, including signage
refresh rate, scrolling, and brightness.
(5) Illuminated sign hours of operation.
(d) Nothing in this chapter limits a city or county from adopting
an ordinance further restricting the size, number, or types of
advertising displays authorized by this section.
SECTION 1. Section 5203 of the Business and
Professions Code is amended to read:
5203. "Advertising structure" means a structure of any kind or
character that is erected, used, or maintained for outdoor
advertising purposes, upon which any poster, bill, printing,
painting, or other advertisement of any kind whatsoever may be
placed, including statuary, for advertising purposes.
"Advertising structure" does not include any of the following:
(a) Official notices issued by any court or public body or
officer.
(b) Notices posted by any public officer in performance of a
public duty or by any person in giving legal notice.
(c) Directional, warning, or information structures required by or
authorized by law or by federal, state or county authority.
(d) A structure that is erected near a city or county boundary
that contains the name of the city or county and the names of, or any
other information regarding, civic, fraternal, or religious
organizations located therein.