BILL NUMBER: AB 2441	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2014

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 21, 2014

   An act to amend Section 5403 of the Business and Professions Code,
relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2441, as amended, Mullin. Outdoor advertising.
   The Outdoor Advertising Act provides for the regulation of
advertising displays visible from highways and prohibits, among
others, advertising displays visible from a highway that simulate or
imitate a directional, warning, danger, or informational sign, as
specified. A violation of the act is a crime.
   This bill would,  in addition,   except as
specified,  prohibit an advertising display visible from a
highway that appears to be an official public agency changeable
message sign. Because a violation of this prohibition would be a
crime, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5403 of the Business and Professions Code is
amended to read:
   5403.  No advertising display shall be placed or maintained in any
of the following locations or positions or under any of the
following conditions or if the advertising structure or sign is of
the following nature:
     (a) If within the right-of-way of any highway.
   (b) If visible from any highway and simulating or imitating any
directional, warning, danger  ,  or information sign
permitted under the provisions of this chapter, or if likely to be
mistaken for any permitted sign,  or if appearing to be an
official public agency changeable message sign,  or if
intended or likely to be construed as giving warning to traffic, by,
for example, the use of the words "stop" or "slow down." 
   (c) (1) If visible from any highway and appearing to be an
official public agency changeable message sign.  
   (2) This subdivision shall not apply to prohibit an advertising
display that utilizes changeable messages authorized pursuant to
subdivision (f) of Section 5272.  
   (c) 
    (d)  If within any stream or drainage channel or below
the floodwater level of any stream or drainage channel where the
advertising display might be deluged by flood waters and swept under
any highway structure crossing the stream or drainage channel or
against the supports of the highway structure. 
   (d) 
    (e)  If not maintained in safe condition. 
   (e) 
    (f)  If visible from any highway and displaying any red
or blinking or intermittent light likely to be mistaken for a warning
or danger signal. 
   (f) 
    (g)  If visible from any highway that is a part of the
interstate or primary systems, and  is  placed upon trees,
or painted or drawn upon rocks or other natural features. 
   (g) 
    (h)  If any illumination shall impair the vision of
travelers on adjacent highways. Illuminations shall be considered
vision impairing when its brilliance exceeds the values set forth in
Section 21466.5 of the Vehicle Code. 
   (h) 
    (i)  If visible from a state regulated highway
displaying any flashing, intermittent, or moving light or lights.

   (i) 
    (j)  If, in order to enhance the display's visibility,
the owner of the display or anyone acting on the owner's behalf
removes, cuts, cuts down, injures, or destroys any tree, shrub,
plant, or flower growing on property owned by the department that is
visible from the highway without a permit issued pursuant to Section
670 of the Streets and Highways Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.