BILL NUMBER: SB 690	INTRODUCED
	BILL TEXT


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 introduced, 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 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 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 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.


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  which   that
 were erected in compliance with state laws and local ordinances
in effect at the time of their erection  or which were
subsequently brought into full compliance with state laws and local
ordinances  , except that the term does not apply to any
advertising display whose use  , height, orientation, or size
 is modified after erection in a manner  which 
   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 has been in existence for a period of five years or longer without
the owner having received written notice during that period from a
governmental entity stating that the display was not lawfully
erected. 
  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  which  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  which  
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 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.