Bill Text: CA SB567 | 2009-2010 | Regular Session | Amended

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Bill Title: Outdoor advertising displays.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB567 Detail]

Download: California-2009-SB567-Amended.html

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BILL NUMBER: SB 567	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator Dutton

                        FEBRUARY 27, 2009

    An act to add Section 5255 to the Business and
Professions Code and to add Section 87314 to the Government Code,
relating to outdoor advertising.   An act to add Section
5442.14 to the Business and Professions Code, relating to outdoor
advertising. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 567, as amended, Dutton.  The Outdoor Advertising Act.
  Outdoor advertising displays.  
   The Outdoor Advertising Act regulates placement of advertising
signs adjacent to and within specified distances of highways that are
part of the national system of interstate and defense highways and
federal aid highways. That 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.  

   This bill would authorize an advertising display adjacent to a
section of a landscaped freeway by a city, county, or public
education facility subject to specified conditions.  
   Existing law authorizes the State Auditor to conduct financial and
performance audits as directed by statute.  
   This bill would require the Bureau of State Audits to conduct a
financial and performance audit of the administration of the Outdoor
Advertising Act every 3 years, and to report its findings to the
Legislature by December 31 of the year in which the audit is
performed.  
   Existing law requires every agency to adopt and promulgate a
Conflict of Interest Code that contains a specific enumeration of the
positions within the agency, except as specified, which involve the
making or participation in the making of decisions which may
foreseeably have a material effect on any financial interest and for
each such enumerated position, the specific types of investments,
business positions, interests in real property, and sources of income
which are reportable. Existing law also requires the Conflict of
Interest Code to require each designated employee, except as
specified, to file statements at times and under circumstances
described in this section, disclosing reportable investments,
business positions, interests in real property and income. 

   This bill would provide that for the purposes of those provisions,
any employee who is involved in the implementation of the Outdoor
Advertising Act would be considered a designated employee and would
be required to annually file a statement of economic interests
disclosing reportable investments, business positions, interests in
real property and income. 
   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 5442.14 is added to the 
 Business and Professions Code   , to read:  
   5442.14.  Notwithstanding any other provision of this chapter,
Section 5440 shall not prohibit an advertising display by a city,
county, or public education facility if all of the following
conditions are met:
   (a) The governing body of the city or county has authorized
placement of the display by an ordinance or resolution adopted
following a duly noticed public hearing regarding the display. For
displays by public education facilities located in a city, the
governing body of the city shall authorize placement of the display
by ordinance or resolution adopted following a duly noticed public
hearing regarding the display. For displays by public education
facilities outside city jurisdiction, the governing body of the
county shall authorize placement of the display by ordinance or
resolution adopted following a duly noticed public hearing regarding
the display.
   (b) The advertising display does not advertise products, goods, or
services that are directed at an adult population, including, but
not limited to, alcohol, tobacco, gambling, or sexually explicit
material.
   (c) 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.  
  SECTION 1.    Section 5255 is added to the
Business and Professions Code, to read:
   5255.  The Bureau of State Audits shall conduct a financial and
performance audit of the administration of this act every three
years, and shall report its findings to the Legislature by December
31 of the year in which the audit is performed.  
  SEC. 2.    Section 87314 is added to the
Government Code, to read:
   87314.  For purposes of this article, any employee who is involved
in the implementation of the Outdoor Advertising Act, Article 1
(commencing with Section 5200) of Chapter 2 of Division 3 of the
Business and Professions Code, shall be considered a designated
employee and shall annually file a statement of economic interests
disclosing reportable investments, business positions, interests in
real property and income, as described in Section 87302.