BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 2756
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2756 (Blumenfield and Feuer)
          As Amended  August 18, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |47-19|(April 26,      |SENATE: |23-9 |(August 20,    |
          |           |     |2010)           |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    G.O.  

           SUMMARY  :  Defines "mobile billboard advertising display" and  
          allows a local authority to regulate these displays.  
          Specifically, this bill  :  

          1)Defines "mobile billboard advertising display" as an  
            advertising display that is attached to a wheeled, mobile,  
            non-motorized vehicle that carries, pulls, or transports a  
            sign or billboard, and is for the primary purpose of  
            advertising.

          2)Allows a local jurisdiction to regulate mobile billboard  
            advertising displays, including the establishment of penalties  
            as specified.

          3)Allows for the removal of a mobile billboard advertising  
            display that is parked or left standing in violation of a  
            local resolution or ordinance if the registered owner of the  
            vehicle was previously issued a warning citation for the same  
            offense.

          4)Allows a local jurisdiction, rather than posting signs  
            noticing the local resolution or ordinance, to provide notice  
            by issuing a warning citations advising the registered owner  
            that he or she may be subject to penalties upon a subsequent  
            violation.

          5)Contains double-jointing language with AB 2294 (Block).

           The Senate amendments  :

          1)Allow a local jurisdiction to regulate mobile billboard  
            advertising displays, including the             establishment  








                                                                           
           AB 2756
                                                                  Page  2

            of penalties as specified.

          2)Allow for the removal of a mobile billboard advertising  
            display that is parked or left standing in violation of a  
            local resolution or ordinance if the registered owner of the  
            vehicle was previously issued a warning citation for the same  
            offense.

          3)Allow a local jurisdiction, rather than posting signs noticing  
            the local resolution or ordinance, to provide notice by  
            issuing a warning citations advising the registered owner that  
            he or she may be subject to penalties upon a subsequent  
            violation.

          4)Delete language pertaining to a direct statewide prohibition  
            on mobile billboards.

          5)Add double-jointing language with AB 2294 (Block).

           


          EXISTING LAW  :   

          1)Authorizes the legislative body of a city or county to adopt  
            ordinances that regulate, among other things, signs and  
            billboards.  

          2)Permits local authorities to enact, by ordinance or  
            resolution, prohibitions or restrictions on the stopping,  
            parking, or standing of vehicles, including, on certain  
            streets or highways, or portions thereof, during all or  
            certain hours of the day. 

          3)Prescribes specific fines and assessments for numerous  
            violations of the code.  For violations for which the code  
            does not prescribe a specific penalty, the Vehicle Code  
            provides a maximum fine in which case the Judicial Council may  
            establish the exact fine to be assessed.

           AS PASSED BY THE ASSEMBLY  , this bill would have imposed a  
          statewide ban on parked mobile billboard advertising displays  
          within a city or county, other than a parking lot or parking  
          garage.  This bill is consistent with Assembly actions.  The  








                                                                           
           AB 2756
                                                                  Page  3

          bill now provides a more straightforward approach by allowing  
          local governments to regulate mobile billboards via ordinance  
          and to authorize the impoundment of such billboards, provided  
          the local government has adopted an ordinance to do so.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  According to the author's office, portable  
          advertising signs on unhitched trailers have surged in many  
          communities across the state.  They are driven to a location  
          where they are detached and parked on city streets for hours or  
          even days.  Not only are they a visual blight, but they pose a  
          significant safety hazard when motorists are forced to veer  
          around them into the next lane of traffic.  They also reduce  
          available on-street parking and impair visibility of pedestrians  
          and drivers.  

          The City of Los Angeles has attempted to regulate mobile  
          billboards by way of local ordinance, but the effort has been  
          mired in litigation and difficult to enforce.  In February the  
          Los Angeles City Council adopted a resolution in support of  
          statewide legislation that would help local jurisdictions  
          address this problem.

          This bill will allow a local jurisdiction to regulate mobile  
          billboard advertising displays, including the establishment of  
          penalties as specified.

           Prior legislation  :  AB 1798 (Levine) of 2004, would have  
          authorized a city or county by resolution or ordinance to  
          prohibit or restrict the stopping, parking, or standing of a  
          vehicle, other than a motor vehicle, on designated streets or  
          highways, or portions thereof, during all or certain hours of  
          the day.  Passed off the Assembly Floor 63-6; however the Senate  
          deleted the Assembly provisions of the bill.  

           
          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531


          FN: 0006546