BILL ANALYSIS Ó
AB 2291
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2291 (Blumenfield)
As Amended June 13, 2012
Majority vote
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|ASSEMBLY: |73-1 |(May 17, 2012) |SENATE: |38-0 |(August 22, |
| | | | | |2012) |
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Original Committee Reference: L. GOV.
SUMMARY : Specifies exemptions to existing laws regulating
mobile billboards by defining the term "permanently affixed" as
it applies to advertising signs and adding license plate frame
advertisements.
The Senate amendments :
1)Exempt paper advertisements issued by a dealer contained
within license plate frames and on license plate frames
themselves installed in compliance with existing law.
2)Make technical or nonsubstantive clarifying amendments.
EXISTING LAW :
1)Authorizes local authorities to adopt rules and regulations by
ordinance or resolution regarding specified matters,
including, among other things, regulating advertising signs on
motor vehicles parked or left standing upon a public street.
2)Authorizes local authorities to establish by ordinance or
resolution a minimum distance that the advertising sign shall
be moved after a specified time period.
3)Excludes from the above authorization advertising signs that
are painted directly upon or are permanently affixed to the
body of, an integral part of, or a fixture of a motor vehicle
for permanent decoration, identification, or display and that
do not extend beyond the overall length, width, or height of
the vehicle.
4)Specifies that a vehicle left standing on a highway for 72 or
more consecutive hours may be removed by a peace officer.
AB 2291
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AS PASSED BY THE ASSEMBLY , this bill defined the term
"permanently affixed" for the purposes of existing law
regulating mobile billboards.
FISCAL EFFECT : None
COMMENTS : This bill is intended to clarify existing "mobile
billboard" law by specifying what would qualify as a
"permanently affixed" advertising sign, which is excluded from
the law, and by exempting paper advertisements issued by a
dealer contained within license plate frames and on license
plate frames themselves installed in compliance with existing
law.
Under current law, cities and counties may regulate advertising
signs on motor vehicles parked on a public street. Exempted
from those regulations are "advertising signs painted directly
upon or permanently affixed to the body of, an integral part of,
or fixture of a motor vehicle for permanent decoration,
identification, or display and that do not extend beyond the
overall length, width or height of the vehicle." ÝEmphasis
added]
This bill would define the term "permanently affixed" to mean
any sign "painted directly on the body of a motor vehicle,
applied as a decal on the body of a motor vehicle, or placed in
a location on the body of a motor vehicle that was specifically
designed by a vehicle manufacturer?for the express purpose of
containing an advertising sign."
According to the author, "Ýt]his bill provides a technical
update to the state's mobile billboard laws by providing a
definition for the term "permanently affixed," which is critical
in determining the scope of current mobile billboard law. This
will help reduce costly litigation costs at the local level and
provide more guidance to local governments in drafting mobile
billboard ordinances.
Mobile billboards have taken many makeshift forms, which
constitute a public safety hazard on public streets. Many
mobile billboards are hastily affixed to vehicles which, if they
were in a vehicular accident, would become dangerous
projectiles. By defining "permanently affixed," state law will
better articulate what does not constitute a public safety risk,
AB 2291
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what falls under local control, and what does not fall within
local control within mobile billboard law."
AB 1298 (Blumenfield), Chapter 538, Statutes of 2011, broadened
the definition of a mobile billboard to include any device with
the primary purpose of advertising, while allowing local
governments to enact ordinances establishing a minimum distance
that a parked vehicle must be moved once the state's 72-hour
time limit has been met.
AB 2756 (Blumenfield), Chapter 615, Statutes of 2010, gave local
governments the ability to enact ordinances that prohibit the
parking of an unhitched trailer with advertising attached to it
on any public street and impose penalties when violations occur.
Support arguments: This bill provides a technical update to the
state's mobile billboard laws that will help reduce unnecessary
litigation costs at the local level and provide better guidance
to local governments in drafting mobile billboard ordinances.
Opposition arguments: None.
Analysis Prepared by : Hank Dempsey / L. GOV. / (916) 319-3958
FN: 0004177