BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1295
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: huff
VERSION: 2/23/12
Analysis by: Eric Thronson FISCAL: No
Hearing date: March 27, 2012
SUBJECT:
Advertisements on schoolbus exteriors
DESCRIPTION:
This bill permits local school districts to engage in the sale
of advertising space on the exterior of schoolbuses.
ANALYSIS:
Existing law includes specific safety requirements for
schoolbuses, such as flashing red light signal systems and
exterior markings that distinctly identify the vehicle. In
addition, the California Highway Patrol adopts rules and
regulations relating to the equipment, maintenance,
construction, design, color and operation of schoolbuses. These
regulations prescribe what portions of the bus exterior can be
black instead of yellow and what signifiers and messages are
required to be displayed.
This bill permits local school districts to engage in the sale
of advertising space on the exterior of schoolbuses.
COMMENTS:
1.Purpose . This bill seeks to provide schools with a new source
of revenue by allowing school districts to sell advertising
space on the exterior of school buses. According to the
author, the new revenue generated by these ad sales could be
spent by schools on any program lacking funding, such as bus
service, arts and music programs, sports, science labs, or
even retaining teachers. In addition, the author contends
that existing law allows school districts to sell advertising
space inside school buses, on the exterior of school
buildings, at lunch tables, in hallways, in publications, and
in sports facilities. The author notes that the bill is
intentionally permissive, allowing each school district to
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choose whether or not to participate and how it might spend
the resulting revenue.
2.Seven other states allow advertising on schoolbuses . In 1994,
Colorado was the first state to allow advertising on school
buses. Since then, Arizona, New Mexico, Tennessee, and Texas
have followed suit. New Jersey and Utah approved legislation
in 2011 for this purpose. There are a number of states
considering similar action, including Idaho, Oklahoma, and
Florida. Most of these states include statutory language that
prohibits advertisements for alcohol, tobacco, religious
organizations, or topics that are political or sexual in
nature. Generally these laws allow local school boards to
have final approval of advertising content. In addition, each
state has its own regulations regarding size and location of
ads. For example, Texas allows for three signs as large as 30
inches by 90 inches per bus, while Florida restricts districts
to two signs per bus and only 2 feet by 6 feet in size.
3.Safety concerns . The National Association of State Directors
of Pupil Transportation Services (NASDPTS) contends that the
distinct yellow color and markings of schoolbuses have served
as a visible reminder to motorists that students are on board
and nearby. External ads could distract other drivers and
compromise these distinctive safety features because they may
displace them and are designed to catch the attention of
passing motorists.
While supporters of the concept claim that there is no data
available showing that advertising on schoolbuses is
distracting to passing motorists, opponents point out that no
studies have been conducted to prove whether or not ads
compromise safety. Studies have shown, however, that any
diversion of a motorist's attention can lead to hazardous
driving. Recent studies by the National Highway Traffic
Safety Administration verify that inattention and driver
distraction cause a significant percentage of crashes.
NASDPTS argues that advertising on the exterior of a schoolbus
is specifically designed to catch the attention of and
distract passing motorists. If drivers focus their attention
on the ads they might not notice that the school bus has
stopped or turned on its flashing lamps for crossing children.
To address some of these safety concerns, the author has
agreed to amendments that restrict the design, placement, and
size of the signage allowed on schoolbuses, including
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prohibitions against signage that:
Extends from the body of the bus, posing a danger to
pedestrians
Covers any structural damage or alteration to the
bus
Interferes with the operation of any door, window,
or other device
Interferes with required schoolbus identification
Is anywhere but on the side of the bus
Is digital or electronic
Covers more than 35 percent of the space available
on either side of the bus.
1.Legal concerns . Opponents of schoolbus advertising claim that
legal concerns relating to the regulation of advertising
content could undermine any revenue benefits this proposal may
provide. In reviewing a similar proposal, the Indiana
Department of Education's general counsel issued an opinion in
April of 1996 that school bus ads could have First Amendment
and equal access implications because school districts could
find themselves unable to restrict or control content. For
example, a US District judge ruled that the Massachusetts Bay
Transportation Authority's "G-rated" ad policy violated the US
Constitution because the advertisement in question pertained
to the use of condoms to prevent the spread of AIDS. The
federal judge stated that a transit service "cannot open the
door to public service announcements and then only hang its
favorite posters." While it is unclear what legal action may
be taken involving limiting advertisements on schoolbuses,
some claim that the legal liability may outweigh the potential
benefits of this proposal.
To attempt to avoid these legal challenges, the author will
accept amendments that restrict the content of the
advertising, by not allowing material that:
Solicits alcohol, tobacco, firearms, or sexually
explicit material.
Is discriminatory in nature or content.
Implies or declares endorsement of the product or
service by the school district.
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Is inappropriate for or insensitive to children in
the community.
Contains material that is political in nature or
relates to a political activity, campaign, or candidate.
Contains material effecting the establishment of
religion.
Is false, misleading, deceptive, or promotes an
illegal activity or antisocial behavior.
1.Technical amendment . In order to be consistent with law, any
reference to schoolbus should be one word and not two.
2.Double referral . The Rules Committee has referred this bill
to both the Transportation and Housing Committee and the
Education Committee.
POSITIONS: (Communicated to the committee before noon on
Wednesday,
March 21, 2012)
SUPPORT: Southern Humboldt Unified School District
California Taxpayers Association
Riverside County School Superintendents'
Association
OPPOSED: None received.