Bill Text: CA SB690 | 2009-2010 | Regular Session | Amended
Bill Title: Outdoor advertising.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB690 Detail]
Download: California-2009-SB690-Amended.html
BILL NUMBER: SB 690 AMENDED
BILL TEXT
AMENDED IN SENATE DECEMBER 15, 2009
INTRODUCED BY Senator Leno
FEBRUARY 27, 2009
An act to amend Sections 5216.1 and 5412 of the Business and
Professions Code, relating to outdoor advertising.
LEGISLATIVE COUNSEL'S DIGEST
SB 690, as amended, Leno. 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 establishes a rebuttable presumption that an
advertising display is lawfully erected if it has been in existence
for a period of 5 years or longer without the owner having received
written notice during that period from a governmental entity
indicating that the display was not lawfully erected. 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.
A violation of the act is a crime.
This bill would additionally provide that an
advertising display whose height, orientation, or size 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 building permits. The bill would delete
the provisions enabling an advertising display to be deemed
lawfully erected if it is subsequently brought into full compliance
with state laws and local ordinances and the provisions
establishing the rebuttable presumption regarding an advertising
display in existence for a period of 5 years or longer. The bill
would instead establish a rebuttable presumption that an advertising
display is lawfully erected if it was in existence prior to January
1, 1984. The bill would also authorize advertising displays
that are subsequently altered in violation of the terms of a building
permit to be removed without compensation.
Because a violation of the bill's provisions with regard to
outdoor advertising displays would be a crime, this bill would impose
a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes 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 that were erected in compliance with
state laws and local ordinances in effect at the time of their
erection or that were subsequently brought into, and maintained
in, full compliance with state laws, local ordinances, and building
permits , except that the term does not apply to any
advertising display whose use, height, orientation, or size is
modified after erection in a manner 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 was in existence prior to January 1, 1984.
SEC. 2. Section 5412 of the Business and Professions Code is
amended to read:
5412. Notwithstanding any other provision of this chapter, no
advertising display that was lawfully erected anywhere within this
state shall be compelled to be removed, nor shall its customary
maintenance or use be limited, whether or not the removal or
limitation is pursuant to or because of this chapter or any other
law, ordinance, or regulation of any governmental entity, without
payment of compensation, as defined in the Eminent Domain Law (Title
7 (commencing with Section 1230.010) of Part 3 of the Code of Civil
Procedure), except as provided in Sections 5412.1, 5412.2, and
5412.3. The compensation shall be paid to the owner or owners of the
advertising display and the owner or owners of the land upon which
the display is located. This section shall not apply to an
advertising display that was subsequently altered in violation of the
terms of the building permit.
This section applies to all displays that were lawfully erected in
compliance with state laws and local ordinances in effect when the
displays were erected if the displays were in existence on November
6, 1978, or lawfully erected after November 6, 1978, regardless of
whether the displays have become nonconforming or have been provided
an amortization period. This section does not apply to on-premise
displays as specified in Section 5272 or to displays which
that are relocated by mutual agreement between
the display owner and the local entity.
"Relocation," as used in this section, includes removal of a
display and construction of a new display to substitute for the
display removed.
It is a policy of this state to encourage local entities and
display owners to enter into relocation agreements which allow local
entities to continue development in a planned manner without
expenditure of public funds while allowing the continued maintenance
of private investment and a medium of public communication. Cities,
counties, cities and counties, and all other local entities are
specifically empowered to enter into relocation agreements on
whatever terms are agreeable to the display owner and the city,
county, city and county, or other local entity, and to adopt
ordinances or resolutions providing for relocation of displays.
SEC. 3. 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.
