SB 411

Existing law does not authorize local boards of education to sell advertising space on school buses

This bill would authorize local boards of education to sell advertising space on school buses and would prohibit certain types of advertising

Relating to public K-12 education; to authorize local boards of education to sell advertising space on school buses and to prohibit certain types of advertising.

Section 1

(a) A local board of education may allot space on the exterior of a school bus for the purpose of commercial advertising. (b) The advertising may not do any of the following: (1) Interfere with the effectiveness of any required reflective materials or warning equipment. (2) Be located above or on the windows of the school bus. (3) Be located behind the front wheel to the front of the back wheel. (4) Be located behind the back wheel to the end of the bus. (c) Each local board of education shall determine the length and terms of advertising contracts and the content of the advertising. The advertising of alcohol, tobacco products, sexually explicit or offensive material, and political or campaign advertising is prohibited. For purposes of this subsection, political or campaign advertising includes, but is not limited to, any communication that satisfies any of the following: (1) Is intended to support or defeat a candidate for public office. (2) Advocates or opposes a proposed constitutional amendment or other public question that appears or will appear on a ballot. (3) Otherwise concerns the advocacy of a public policy issue by a political action committee. (d) If the advertising restrictions in subsection (c) are invalidated on constitutional grounds by a court in a final and appealable order, and if an appeal is not taken from that order or if the order is upheld on appeal, any advertising permitted by this section shall be immediately removed and the permissive advertising program established in this section shall be null and void. All advertising contracts established pursuant to this section shall be subject to being null and void as stated in this subsection. (e) A local board of education may not exclude or show exclusive preference for specific advertisers within industries, business sectors, or other classes of advertisers identified as appropriate. (f) Any proceeds derived from the advertising provided by this section shall inure to the benefit of the local board of education.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.