Amended  IN  Assembly  March 14, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1415

Introduced by Assembly Member Santiago

February 17, 2023

An act to amend Section 8880.22 of the Government Code, relating to gambling. 5272.2 of the Business and Professions Code, relating to outdoor advertising.


LEGISLATIVE COUNSEL'S DIGEST


AB 1415, as amended, Santiago. California State Lottery: quarterly reports. Outdoor advertising: City of Los Angeles.
Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of an advertising display, as defined, within view of public highways. The act regulates the placement of an off-premises advertising display along highways that generally advertises business conducted or services rendered or goods produced or sold at a location other than the property where the display is located.
The act exempts from specified provisions advertising displays located in certain geographic areas in the City of Los Angeles if those displays meet prescribed conditions and requirements, including the condition that the advertising display is authorized by, or in accordance with, an ordinance adopted by the City of Los Angeles that regulates advertising displays, as provided. Existing law makes the City of Los Angeles primarily responsible for ensuring that an authorized advertising display remains in conformance with the ordinance and the requirements described above, and requires the city to indemnify and hold the department harmless if the city fails to do so.
This bill would expand one of the geographic areas described above and add an additional geographic area in the City of Los Angeles as exempt from the specified provisions of the act. The bill would additionally exempt an advertising display located within those geographic areas of the city from the specified provisions of the act if the display was in existence and legally permitted as of January 1, 2023, regardless of whether it meets the prescribed conditions and requirements in existing law. By expanding the responsibilities of the City of Los Angeles related to authorized advertising displays, the bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California State Lottery Act of 1984 authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery. Existing law requires the commission to make quarterly reports of the operation of the Lottery to the Governor, the Attorney General, the Controller, the Treasurer, and the Legislature. Existing law requires the reports to include a full and complete statement of lottery revenues, prize disbursements, expenses, net revenues, and all other financial transactions involving lottery funds.

This bill would specify that the quarterly reports shall be written and would additionally require the reports to be made to specified committees of the Legislature.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5272.2 of the Business and Professions Code is amended to read:

5272.2.
 (a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display located in the geographic area in the City of Los Angeles bounded by Wilshire Boulevard on the northeast, S. Figueroa Street on the southeast, Interstate 10 on the southwest, and State Route 110 on the northwest, or to any advertising display located in the geographic area in the City of Los Angeles on the westerly side of State Route 110 bounded by West 8th Place, James M. Wood Boulevard, and Golden Avenue, Avenue and bounded by 7th Street, South Bixel Street, West 8th Street, and Garland Avenue, or to any advertising display located in the geographic area in the City of Los Angeles on the westerly side of State Route 101 bounded by Sunset Boulevard, North Bronson Avenue, and North Van Ness Avenue, if the advertising display is in existence and is legally permitted as of January 1, 2023, or if all of the following conditions are met:
(1) The advertising display is authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, adopted by the City of Los Angeles that regulates advertising displays by identifying the specific displays or establishing regulations that include, at a minimum, all of the following:
(A) Number of signs and total signage area allowed.
(B) Maximum individual signage area.
(C) Minimum sign separation.
(D) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness.
(E) Illuminated sign hours of operation.
(2) The owner of the advertising display has submitted to the department a copy of the ordinance adopted by the City of Los Angeles authorizing the advertising display and identification of the provisions of the ordinance required under paragraph (1) and the department has certified that the ordinance meets the minimum requirements contained in paragraph (1).
(3) The advertising display will not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material.
(4) (A) Except as otherwise provided in subparagraph (B), there shall be at least 500 feet between any two advertising displays located on the same side of the freeway unless the advertising displays are separated by buildings or other obstructions in a manner that only one of the advertising displays is visible from any given location on the freeway. For purposes of determining compliance with the spacing requirement, the distance between advertising displays shall be measured along the nearest edge of pavement between points directly opposite the advertising displays along each side of the freeway.
(B) The spacing requirement in subparagraph (A) does not apply to an advertising display that advertises only the business conducted, services rendered, or goods produced and sold upon the property upon which the advertising display is located and that, accordingly, is not subject to the requirements of this chapter.
(C) When counting the number of advertising displays and measuring the distance between them for purposes of subparagraph (A), the advertising displays described in subparagraph (B) shall be excluded from the count, and no measurements shall be made relative to the excluded advertising displays for purposes of subparagraph (A).
(5) This chapter does not limit the City of Los Angeles from adopting ordinances prohibiting or further restricting the size, number, or type of advertising displays permitted by this section.
(6) If the advertising display is a message center, the owner of the display shall do one of the following:
(A) Make the message center display available on a space-available basis for use by the department or the Department of the California Highway Patrol for public service messages, including Emergency Alert System (Amber Alert) messages disseminated pursuant to Section 8594 of the Government Code, and messages containing, among other things, reports of commute times, drunk driving awareness messages, reports of accidents of a serious nature, and emergency disaster communications.
(B) Make a message center display not subject to this section that is under the control of the owner of the advertising display available on a space-available basis for public service messages in a location acceptable to the department and the Department of the California Highway Patrol.
(C) Provide funding to the department for the installation of a message center display to accommodate those public service messages, which may include funding as part of mitigation in connection with the approval of development of the property on which the message center display is located by the City of Los Angeles.
(b) (1) Before the advertising display authorized pursuant to subdivision (a) may be placed, the department shall determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department.
(2) If the department is unable to make the determination required pursuant to paragraph (1), the department shall request the Federal Highway Administration (FHWA) of the United States Department of Transportation to make the determination. Upon receipt of a determination by the FHWA that makes the finding described in paragraph (1), the advertising display may be placed.
(c) The City of Los Angeles shall have primary responsibility for ensuring that a display authorized pursuant to subdivision (a) remains in conformance with all provisions of the ordinance and of this section. If the City of Los Angeles fails to ensure that the display remains in conformance with all provisions of the ordinance and of this section after 30 days of receipt of a written notice from the department, the City of Los Angeles shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with the ordinance and this section or to defend actions challenging the adoption of the ordinance allowing the displays.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the locations in the City of Los Angeles of the advertising displays set forth in this act and the need for advertising in those locations.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 8880.22 of the Government Code is amended to read:
8880.22.

The commission shall make written quarterly reports of the operation of the Lottery to the Governor, the Attorney General, the Controller, the Treasurer, and the Legislature, including to the Senate and Assembly Committees on Governmental Organization and the relevant budget subcommittees of each house of the Legislature. The reports shall be due 75 days after the close of the quarter for which the information is being required. The reports shall include a full and complete statement of lottery revenues, prize disbursements, expenses, net revenues, and all other financial transactions involving lottery funds, including a statement of assets, statement of revenues, expenses, changes in net assets, and changes in financial position with all attached financial notes.