BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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                                 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 
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          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. 







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           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, 







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            Perea, Skinner, Yamada


          JJA:d  6/21/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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