BILL NUMBER: AB 1449	CHAPTERED  09/29/03

	CHAPTER  577
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2003
	PASSED THE SENATE  SEPTEMBER 3, 2003
	AMENDED IN SENATE  AUGUST 21, 2003
	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN ASSEMBLY  APRIL 30, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 21, 2003

   An act to amend Section 5443 of the Business and Professions Code,
relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1449, Firebaugh.  Outdoor advertising.
   Existing provisions of the Outdoor Advertising Act regulate the
placement of off-premise advertising displays along highways, which
generally are displays advertising business conducted or services
rendered or goods produced or sold at a location other than the
property upon which the display is located.  The act generally
prohibits advertising displays along landscaped freeways, but
provides specific exemptions from that prohibition for displays in
certain communities.  The act does not prohibit a governmental entity
from entering into a relocation agreement or the Department of
Transportation from allowing any legally permitted advertising
display to be increased in height at its permitted location if a
noise attenuation barrier has been erected in front of the display
and the relocation of the display or increase in height of the
display would not cause a reduction in federal aid highway funds.
   This bill would instead allow a relocation agreement or increase
in height for an advertising display if a noise attenuation barrier
is erected in front of the display or if a building, construction, or
structure, including a bridge, overpass, or underpass, has been or
is being erected by a governmental entity that obstructs the display'
s visibility within 500 feet.  The bill would require an advertising
display relocated under these provisions to comply with the existing
written permit process.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5443 of the Business and Professions Code is
amended to read:
   5443.  Nothing in this article prohibits either of the following:

   (a) Any county from designating the districts or zones in which
advertising displays may be placed or prohibited as part of a county
land use or zoning ordinance.
   (b) Any governmental entity from entering into a relocation
agreement pursuant to Section 5412 or the department from allowing
any legally permitted display to be increased in height at its
permitted location or to be relocated if a noise attenuation barrier
is erected in front of the display or if a building, construction, or
structure, including, but not limited to, a barrier, bridge,
overpass, or underpass, has been or is then being erected by any
government entity that obstructs the display's visibility within 500
feet of the display and that relocated display or that action of the
department would not cause a reduction in federal aid highway funds
as provided in Section 131 of Title 23 of the United States Code or
an increase in the number of displays within the jurisdiction of a
governmental entity which does not conform to this article.  Any
increase in height permitted under this subdivision shall not be more
than that necessary to restore the visibility of the display to the
main-traveled way.  An advertising display relocated pursuant to this
subdivision shall comply with all of the provisions of Article 6
(commencing with Section 5350).