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 SB 1079 Page 2 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 Page 3 319-2081