BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2291| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2291 Author: Blumenfield (D) Amended: 6/13/12 in Senate Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 6/19/12 AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal, Pavley, Rubio, Simitian, Wyland ASSEMBLY FLOOR : 73-1, 5/17/12 - See last page for vote SUBJECT : Vehicles: advertising signs SOURCE : Author DIGEST : This bill defines the types of displays that state law exempts from local regulation of advertising on parked vehicles. ANALYSIS : The California Vehicle Code prohibits a local government from enacting or enforcing any ordinance on the matters covered by the code, such as parking, unless the Vehicle Code expressly authorizes a local ordinance. The Vehicle Code currently allows local governments to regulate advertising signs on any motor vehicle parked or left standing upon a public street, except for signs painted directly upon or permanently affixed to the vehicle for permanent decoration, identification, or display that do not extend beyond the overall length, width, or height CONTINUED AB 2291 Page 2 of the vehicle. Local regulations may establish a minimum distance that a vehicle with an advertising sign must be moved after a specified time period. If a parked vehicle is in violation of such advertising regulations, a city or county may impound the vehicle if the local government has provided notice either through signage in the areas where the ordinance will be enforced or by first issuing a warning citation advising the vehicle owner of the penalties, including impoundment, for subsequent violations. This bill further defines the types of displays that are exempt from local regulation of advertising on parked vehicles. The bill exempts from local regulation legal license plate frames and paper advertisements issued by a dealer and contained within legal license plate frames. The bill also provides that advertising is permanently affixed when it is: Painted directly on the body of a motor vehicle. Applied as a decal on the body of a motor vehicle. Placed in a location on the body of a motor vehicle that the manufacturer specifically designed, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign. Background According to the author's office, advertising mounted on vehicles constitutes a safety hazard on public streets. Many such advertising displays are hastily affixed to vehicles such that, if the vehicle were in an accident, the displays become dangerous projectiles. This bill provides a technical update AB 1298 (Blumenfield), Chapter 538, Statutes of 2011, which allows cities and counties to regulate advertising on parked vehicles, except for signs painted directly upon or permanently affixed to the vehicle for permanent decoration, identification, or display that do not extend beyond the overall length, width, or height of the vehicle. AB 2291 Page 3 The update explicitly exempts license plate frames and paper dealer advertisements contained within those frames from local regulation. In addition, by providing a definition for "permanently affixed," the author's office believes that this bill helps reduce costly litigation costs at the local level and provide more guidance to local governments in drafting ordinances regulating advertising on parked vehicles. What the exemptions affect . Among its provisions, this bill exempts from local regulation a vehicle dealer's paper advertisement contained within legal license plate frames. This refers to those dealer advertisements that are displayed in the license plate frames until the owner installs the license plates. The bill also exempts advertisements placed in a location on the body of a motor vehicle that was specifically designed for the express purpose of containing an advertising sign. This refers to advertisements within advertisement holders mounted on taxicabs and buses by the vehicle manufacturer. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/21/12) Los Angeles City Attorney Carmen A. Trutanich ASSEMBLY FLOOR : 73-1, 5/17/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, John A. Pérez NOES: Norby NO VOTE RECORDED: Donnelly, Fletcher, Bonnie Lowenthal, AB 2291 Page 4 Perea, Skinner, Yamada JJA:d 6/21/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****