LEGAL & LEGISLATIVE UPDATE
Win-Win!
The pandemic notwithstanding, California legislators were busy this past summer proposing all sorts of legislation. Governor Gavin Newsom wrapped up the 2022 legislative session in October, signing 997 bills into law. He also vetoed 169 bills — two of which CSA opposed.
CSA traditionally tracks legislation that potentially affects signs and signage rights. This year, we lobbied against two bills in particular that raised concern: “The Arena Bill” and “The Lights Out Bill.”
“The Arena Bill” — VETOED. SB 1309 sought to modify the provisions of Business & Professions Code §5272 to allow additional time for specific billboards and other signage to operate at certain sports arenas under defined conditions. CSA supported the bill until it was amended to require all such signage work on the property be constructed by a “skilled and trained” apprenticed union workforce “at every tier performing work on the project.”
“The Lights Out Bill” — VETOED. AB 2382 (sponsored by Audubon) would have imposed nighttime lighting restrictions on state owned and controlled properties in order to preserve the night sky. CSA is always concerned about energy conservation, light trespass, glare and poorly managed signage, but, among other exclusions, this bill carved out a signage exemption solely for “. . . outdoor lighting fixtures [that] are advertisement signs or other fixtures on interstate highways or federal primary highways.” Without broader protections, CSA was concerned that the spillover effect of this legislation (pun intended) would potentially result in future restrictions to on-premise signage on private property at some point.
Legal Updates
Recent member inquiries to the CSA Legal Office:
~ Piggyback Contracts. Have you heard of this? If you’re doing public works jobs (schools, etc), you may be interested to learn about “piggyback” agreements authorized under state law that permit one school district, for example, to piggyback upon a contract approved in another to make a similar purchase without public bidding, provided the purchase is on the same terms and conditions.
~ Pay-When-Paid Clauses are Illegal in California. Subcontractors are often presented with the Hobson’s choice of accepting or declining a lucrative contract when the prime contractor presents terms that call for the sub to not get paid until the prime is paid. These are illegal in California, in particular because the effect would force a sub to waive the constitutional right to file a mechanic’s lien. Wm. R. Clarke Corp. v. Safeco Ins. Co. (1997) 15 Cal.4th 882, 885 (Cal Supreme Ct).
Sign law expert serving the sign industry and its customers for over 25 years, providing legal and consulting services to sign users, installers and manufacturers. Based in Sacramento, Practice Areas include Zoning; Land Use; Real Estate; Constitutional Law; Employment; & Business. Admitted to the Bar in 1989. Law Offices of Jeffrey L. Aran 1-888-SIGNLAW.