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AB-1687 Outdoor advertising displays: exemptions.(2019-2020)

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Date Published: 06/20/2019 09:00 PM
AB1687:v95#DOCUMENT

Amended  IN  Senate  June 20, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 25, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1687


Introduced by Assembly Members Jones-Sawyer and Calderon

February 22, 2019


An act to add Section 2062.5 to the Penal Code, relating to corrections. An act to amend Section 5272 of the Business and Professions Code, relating to outdoor advertising.


LEGISLATIVE COUNSEL'S DIGEST


AB 1687, as amended, Jones-Sawyer. Corrections: rehabilitation programs: reporting. Outdoor advertising displays: exemptions.
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 its provisions certain advertising displays, including, among other things, any advertising display used exclusively either to advertise products, goods, or services sold by persons on the premises of an arena on a regular basis, or to advertise any products, goods, or services marketed or promoted on the premises of an arena pursuant to a sponsorship marketing plan, if specified conditions are met, including that the advertising display is located on the premises of the arena or has been authorized as of January 1, 2021, by, or in accordance with, a local ordinance, as specified. The act requires that, in order to qualify for the exemption, a sponsorship marketing plan, among other things, must be for a period of at least one year.
This bill would extend the authorization date for advertising displays, as described above, to January 1, 2028. The bill would require that, in order to qualify for the exemption, a sponsorship marketing plan, among other things, instead must be in effect for at least one week during a sports league season or year or at least 30 days in duration if outside a sports league season or year.

Existing law establishes the Department of Corrections and Rehabilitation and charges it with certain duties and powers, including, among other things, the operation of prisons and other specified institutions. Existing law requires the department to establish various training and rehabilitative programs for inmates, including literacy and education programs. Existing law also establishes the independent Office of the Inspector General and requires the Inspector General, when requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, to review policies, practices, and procedures of the department. Existing law establishes, within the Office of the Inspector General, the California Rehabilitation Oversight Board, and requires the board to regularly examine the various mental health, substance abuse, educational, and employment programs for inmates and parolees operated by the department.

This bill would require the department on or before January 10, 2020, and annually thereafter, to report to the Joint Legislative Budget Committee and to the public safety committees of both houses of the Legislature on the department’s implementation of the State Auditor’s recommendations as contained in the 2019 report entitled, “Several Poor Administrative Practices Have Hindered Reductions in Recidivism and Denied Inmates Access to In‑Prison Rehabilitation Programs.” The bill would require the annual report to contain specified information, including the number of sanctions or other adverse actions taken against rehabilitation program vendors in the previous year and data on inmates receiving rehabilitation programs in their areas of expressed need. The bill would additionally require the office to provide public oversight of the department’s data collection and reporting process for the annual report, and would require the office to issue an annual report summarizing its oversight and recommendations.

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

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


SECTION 1.

 Section 5272 of the Business and Professions Code is amended to read:

5272.
 (a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display used exclusively for any of the following purposes:
(1) To advertise the sale, lease, or exchange of real property upon on which the advertising display is placed.
(2) To advertise directions to, and the sale, lease, or exchange of, real property for which the advertising display is placed; provided, placed, except that the exemption of this paragraph exemption does not apply to advertising displays visible from a highway and subject to the Highway Beautification Act of 1965 (23 U.S.C. Sec. 131).
(3) To designate the name of the owner or occupant of the premises or to identify the premises.
(4) To advertise the business conducted, services rendered, or goods produced or sold upon on the property on which the advertising display is placed if the display is on the same side of the highway and within 1,000 feet of the point on the property or within 1,000 feet of the entrance to the site at which the business is conducted, services are rendered, or goods are produced or sold.
(b) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display used exclusively either to advertise products, goods, or services sold by persons on the premises of an arena on a regular basis, or to advertise any products, goods, or services marketed or promoted on the premises of an arena pursuant to a sponsorship marketing plan, if all of the following conditions are met:
(1) The arena is capable of providing a venue for professional sports on a permanent basis.
(2) The arena has a capacity of 15,000 or more seats.
(3) The advertising display is either of the following:
(A) Located on the premises of the arena.
(B) Has been authorized as of January 1, 2021, 2028, by, or in accordance with, a local ordinance, including, but not limited to, a specific plan or sign district adopted in connection with the approval of the arena by the city, county, or city and county, bears the name or logo of the arena, and is visible when approaching offramps from the interstate, primary, or state highways used to access the premises of the arena. No arena shall be permitted more than two advertising displays allowed under this subparagraph.
(c) (1) Any advertising display erected pursuant to subdivision (b) and located on the premises of the arena shall be lawful only if authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, adopted by the city, county, or city and county, that regulates advertising displays on the premises of the arena by identifying the specific displays or establishing regulations that include, at a minimum, all of the following:
(A) Number of signs and total signage area allowed.
(B) Maximum individual signage area.
(C) Minimum sign separation.
(D) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness.
(E) Illuminated sign hours of operation.
(2) Authorization of advertising displays under subdivision (b) is subject to the owner of the advertising display submitting to the department a copy of the ordinance adopted by the city, county, or city and county in which the arena is located authorizing the advertising display and, for signs located on the premises of the arena, identification of the provisions of the ordinance required under paragraph (1). The department shall certify that the proposed ordinance meets the minimum requirements contained in paragraph (1).
(3) An advertising display authorized pursuant to subdivision (b) shall not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material.
(4) This chapter does not limit a local government from adopting ordinances prohibiting or further restricting the size, number, or type of advertising displays permitted by this section.
(d) As used in this section, “the premises of an arena” means either of the following:
(1) A venue for indoor or outdoor sports, concerts, or other events.
(2) Any development project or district encompassing the venue, adjacent to it, or separated from it only by public or private rights-of-way, the boundaries of which have been set by the city, county, or city and county in which the arena is located. The development project or district must be contiguous and may not extend more than 1,000 feet beyond the arena structure or any structure physically connected to the arena structure.
(e) As used in this section, “sponsorship marketing plan” means an agreement between the property owner, facility owner, facility operator, or occupant of the premises of an arena and a sponsor pursuant to which the sponsor is allowed to include its logo, slogan, or advertising on advertising displays and that meets both of the following conditions:
(1) The sponsorship marketing plan is for a period of not less than one year. in effect for at least one week during a sports league season or year or at least 30 days in duration if outside a sports league season or year.
(2) The sponsorship marketing plan grants the sponsor the opportunity to display its logo, slogan, or advertising in the interior of structures on the premises of an arena, or conduct promotions, public relations, or marketing activities on the premises of an arena.
(f) Authorization of an advertising display under subdivision (b) that is a message center display is subject to the owner of the display complying with one of the following conditions:
(1) Making a message center display within the premises of the arena available on a space-available basis for use by the department 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.
(2) Making a message center display not subject to this section that is under the control of the owner of the advertising display available on a space-available basis for public service messages in a location acceptable to the department and the Department of the California Highway Patrol.
(3) Providing funding to the department for the installation of a message center display to accommodate those public service messages, which may include funding as part of mitigation in connection with the approval of the arena by the city, county, or city and county.
(g) If an advertising display authorized under subdivision (b) is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds provided in Section 131 of Title 23 of the United States Code, authorization of the display under subdivision (b) shall cease and the display owner shall remove all advertising copy from the display within 60 days after the state notifies the display owner of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this subdivision shall result in a civil fine, imposed by the California Department department, of Transportation, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with cessation of operation or removal of an advertising display or advertising copy pursuant to this subdivision.
(h) The city, county, or city and county adopting the ordinance authorizing the displays erected pursuant to this section shall have primary responsibility for ensuring that the displays remain in conformance with all provisions of the ordinance and of this section. If the city, county, or city and county fails to ensure that the displays remain in conformance with all provisions of the ordinance and of this section after 30 days of receipt of a written notice from the department, the city, county, or city and county shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with the ordinance and this section or to defend actions challenging the adoption of the ordinance allowing the displays.
(i) An advertising display lawfully erected on or before December 31, 2013, in conformity with subdivision (e) of this section as it read on that date, shall remain authorized, subject to the terms of that subdivision.

SECTION 1.Section 2062.5 is added to the Penal Code, to read:
2062.5.

(a)It is the intent of the Legislature that the department, the Office of the Inspector General, and the California Rehabilitation Oversight Board regularly provide information to the Legislature to allow it to better assess the performance of the department in establishing all of the following:

(1)Rehabilitative program performance targets, including an analysis of the cost-effectiveness of those programs and an analysis of the programs’ success at reducing recidivism.

(2)Systems to ensure that rehabilitative programs provide a significant benefit to program participants, and that those benefits are commensurate with the Legislature’s investment in rehabilitative programs.

(3)Processes to ensure that inmates who are most in need of rehabilitative programs do in fact receive access to those programs.

(b)On or before January 10, 2020, and annually thereafter, the department shall report to the Joint Legislative Budget Committee and to the public safety committees of both houses of the Legislature on the department’s implementation of the State Auditor’s recommendations as contained in the 2019 report entitled “Several Poor Administrative Practices Have Hindered Reductions in Recidivism and Denied Inmates Access to In‑Prison Rehabilitation Programs.” The annual report should include all of the following:

(1)Data on rehabilitation program success, including participant testimony, as discussed in the University of California, Irvine, study on the department’s rehabilitation programs entitled, “CPAP Assessment of CDCR Recidivism-Reduction Programs.”

(2)The percentage of inmates that were recommended for rehabilitation programs who actually received the rehabilitation services.

(3)Data on the placement of inmates on rehabilitation program waiting lists after they have been identified as candidates for rehabilitation programs.

(4)Data on staffing levels for rehabilitation programs and a description of current efforts to reach full staffing.

(5)The number of sanctions or other adverse actions taken against rehabilitation program vendors in the previous year.

(6)Data on the Prison Industry Authority program participation and a description of efforts to increase participation.

(7)Data on infrastructure capacity for rehabilitation programs and additional space needed, if any.

(8)Data on federal recidivism funds applied for by the department in the prior year.

(9)Data on rehabilitation program completion rates.

(10)Data on inmates receiving rehabilitation programs in their areas of expressed need.

(11)Data on recidivism rates for each rehabilitation program in operation over the previous year.

(12)Data on the success of volunteer programs in rehabilitation and preventing recidivism.

(c)The Office of the Inspector General shall provide public oversight of the department’s data collection and reporting process required by this section and shall issue a public report, no less than once per year, summarizing its oversight and recommendations.

(d)In addition to the entities listed in subdivision (b), the department shall provide a copy of the report to the California Rehabilitation Oversight Board and present a summary of the report during the board’s next public meeting. The board shall review and discuss the department’s report and consider the information provided in the department’s report when making findings and recommendations pursuant to Section 6141.