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SB-744 Outdoor advertising: exemption.(2017-2018)

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Date Published: 05/03/2017 09:00 PM
SB744:v97#DOCUMENT

Amended  IN  Senate  May 03, 2017
Amended  IN  Senate  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 744


Introduced by Senator Hueso

February 17, 2017


An act to add Section 5272.4 to the Business and Professions Code, relating to outdoor advertising.


LEGISLATIVE COUNSEL'S DIGEST


SB 744, as amended, Hueso. Outdoor advertising: exemption.
Existing law, 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.
This bill would exempt from those provisions of the act 3 advertising displays located within 1,800 feet of the intersection of Interstate 8 and State Highway Route 111 in the County of Imperial if certain conditions are met.
This bill would also make legislative findings and declarations as to the need for a special statute relating to the County of Imperial.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5272.4 is added to the Business and Professions Code, to read:

5272.4.
 With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any of three advertising displays located within a distance of 1,800 feet of the intersection of Interstate 8 and State Highway Route 111 in the County of Imperial, if all of the following conditions are met:
(a) Written evidence is provided to the department indicating that both the owner or person in control or possession of the property upon which the advertising display is located and the County of Imperial have consented to the use of the advertising display for commercial advertising.
(b) (1) The advertising display was built prior to January 1, 1995, and is 14 feet by 48 feet.
(2) The advertising display is double-sided and free-standing, static, and nondigital.
(c) The display will not necessitate trimming, pruning, topping, or removal of existing trees in order to make the display visible or to improve its visibility, unless done as part of the normal landscape maintenance activities that would be undertaken without regard to the location of the display.
(d) The display does not advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material.
(e) The advertising display will only advertise products, goods, services, or businesses that are made, sold, or located in the County of Imperial.

(e)

(f) (1) 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.
(2) If the department is unable to make the determination required pursuant to paragraph (1), 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 paragraph (1), the display may be used for commercial advertising.

(f)

(g) The display does not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code.

SEC. 2.

 Due to the unique circumstances concerning the location of the advertising that is the subject of this act and the need for advertising in the County of Imperial, it is necessary that an exemption from the Outdoor Advertising Act be provided for that advertising, 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.