BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 2441
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  mullin
                                                         VERSION: 6/11/14
          Analysis by:  Eric Thronson                    FISCAL:  yes
          Hearing date:  June 17, 2014



          SUBJECT:

          Billboard advertising displays

          DESCRIPTION:

          This bill clarifies that advertising displays visible from any  
          highway cannot appear to be an official public agency changeable  
          message sign.

          ANALYSIS:

          Existing law restricts advertising displays along public roads  
          in a variety of ways, including where displays can be placed and  
          what material they may present.  For example, advertising  
          displays cannot be placed in highway rights-of-way or within any  
          stream or drainage channel.  In addition, no advertising  
          displays visible from any highway can simulate or imitate any  
          directional, warning, danger, or information sign permitted by  
          existing law.

           This bill clarifies that advertising displays visible from any  
          highway cannot appear to be an official public agency changeable  
          message sign.
          
          COMMENTS:

           1.Purpose  .  Recent studies suggest that real-time traffic  
            information on changeable message signs has gained popularity  
            in congested urban areas.  Further, displaying accurate travel  
            times helps commuters assess traffic, alleviates driver  
            stress, and allows drivers to make better route decisions.   
            According to the author, this bill ensures the continued  
            effectiveness of changeable message signs by prohibiting  
            advertising displays that appear to be official changeable  
            message signs, but that are simply advertisements.

           2.Necessary  ?  Existing law restricts billboards from simulating  




          AB 2441 (MULLIN)                                       Page 2

                                                                       


            or imitating directional or information signs.  This bill  
            clarifies that billboards cannot appear to be a changeable  
            message sign, which is an informational sign operated by the  
            state or local government.  While it may be helpful to clarify  
            that changeable message signs are specifically not permitted,  
            it is unclear whether this clarification is necessary.  

            For example, the author has provided a photo of a billboard in  
            the San Francisco area that appeared to be a changeable  
            message sign, but was in fact an advertisement.  The owner has  
            since removed the sign, upon Caltrans' formal request, based  
            on the fact that it violates existing law.  Had the owner not  
            removed the advertisement, Caltrans would have begun issuing  
            fines as per the state's regular monitoring and enforcement  
            process.
          
          Assembly Votes:

               Floor:    70-4 
               Appr: 16-1
               GO:   17-1

          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,                                             June 11,  
          2014.)

               SUPPORT:  None received.

               OPPOSED:  None received.