BILL ANALYSIS �
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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
CONTINUED
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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 Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning,
Morrell, Nestande, Nielsen, Olsen, Pan, V. Manuel P�rez,
Portantino, Silva, Smyth, Solorio, Swanson, Torres,
Valadao, Wagner, Wieckowski, Williams, John A. P�rez
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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