BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1079
                                                                  Page  1

          Date of Hearing:   June 30, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 1079 (Walters) - As Amended:  May 3, 2010 

          Policy Committee:                              Business and  
          Professions  Vote:                            11 - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the Office of State Printing (OSP) to allow  
          paid advertisements in materials printed by a state agency or  
          vendor, with the exception of political advertising, and allows  
          that the funds provided for these paid advertisements be  
          available to the agency, upon appropriation by the Legislature,  
          to fund agency operations. 

           FISCAL EFFECT  

          To the extent this bill increases the number of paid  
          advertisements in state publications it would result in  
          increased revenue for the state.  It is unknown how much revenue  
          would be generated.  However, the Department of General Services  
          (DGS) estimates that if successful, this legislation could  
          generate millions of dollars in revenue depending on the  
          circulation of the publication or mailing that contained the  
          ads.

           COMMENTS  

           1)Rationale  . This bill extends the current provisions, which  
            allow OSP to accept paid advertisements, to include other  
            materials printed by state agencies using private vendors. In  
            addition, it allows the funding from those advertisements to  
            be used as funding for that state agency.  According to the  
            author, "The law is not clear as to how one may go about  
            securing advertising space, nor does it cite how one might go  
            about securing appropriations language. When speaking with  
            some agencies (Controllers Office, Department of Motor  
            Vehicles [DMV], Franchise Tax Board, and State Board of  








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            Equalization) they believe that there is a need for language  
            that explicitly authorizes them to use third party advertisers  
            on the outside of their mail."

           2)Background  . OSP's Advertising Program was first approved in  
            July of 1996 as part of a budget trailer bill.  The  
            Advertising Program was intended to allow state agencies to  
            offset their printing costs through the incorporation of paid  
            advertising in state publications.
           
            In September 2005, SB 828 (Maldonado; Chapter 381, Statutes of  
            2005) was enacted to authorize OSP to accept paid  
            advertisements in state publications.  SB 828 also requires  
            any state agency that was not authorized to accept paid  
            advertising in its publications before January 1, 2006, to use  
            OSP for all paid advertising in its publications.

            Under SB 828, any material that contains advertising must  
            either be printed at OSP or come through OSP.  Agencies cannot  
            print ads in publications using other vendors unless the job  
            is vended out through OSP's Print Procurement Department.

            Currently, there are three methods for state agencies to  
            solicit ads: a state agency may contract directly with OSP,  
            contract with a commercial advertising firm, or solicit their  
            own ads.

            The DMV is OSP's primary customer in the advertising program,  
            placing paid ads in approximately 10 publications.  This  
            generates between $500,000 and $1 million a year, which in  
            turn, is used to discount the printing costs of the  
            department's driver handbooks.
           
          3)Related Legislation  . SB 828 (Maldonado; Chapter 381, Statutes  
            of 2005) deleted a sunset provision authorizing OSP to accept  
            paid advertisements, excluding paid political advertisements,  
            in materials published by the state.  

            AB 2315 (Chu; Chapter 220, Statutes of 2002) extended an  
            existing exemption allowing OSP, under the jurisdiction of the  
            Department of General Services, to continue accepting paid  
            advertisements in state printed and published materials, as  
            specified.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  








                                                                  SB 1079
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          319-2081