Under existing law, a state agency is authorized to apply to the Department of Motor Vehicles (DMV) to sponsor a specialized license plate program, and the DMV is required to issue those license plates if the agency meets certain requirements. Existing law also requires the DMV to charge specified fees for certain services related to the issuance of those plates.

This bill would require the Mental Health Services Division, within the State Department of Health Care Services, State Department of Health Care Services to apply to the DMV to sponsor a mental health awareness license plate program, and would require the DMV to issue the license plates if the Mental Health Services Division department meets certain requirements. The bill would also establish the Mental Health Awareness Fund in the State Treasury and would require the revenue generated from the license plates, as specified, to be deposited in the fund for use, upon appropriation by the Legislature to the Mental Health Services Division, department, for mental health awareness and education.

Under existing law, a state agency is authorized to apply to the Department of Motor Vehicles (DMV) to sponsor a specialized license plate program, and the DMV is required to issue those license plates if the agency meets certain requirements. Existing law also requires the DMV to charge specified fees for certain services related to the issuance of those plates.

This bill would require the Mental Health Services Division, within the State Department of Health Care Services, to apply to the DMV to sponsor a mental health awareness license plate program, and would require the DMV to issue the license plates if the Mental Health Services Division meets certain requirements. The bill would also establish the Mental Health Awareness Fund in the State Treasury and would require the revenue generated from the license plates, as specified, to be deposited in the fund for use, upon appropriation by the Legislature to the Mental Health Services Division, for mental health awareness and education.

Date of Hearing: April 6, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1884

Author:(Harper) – As Amended Ver:March 10, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Health Care Services (DHCS) to apply to the DMV to create a specialized license plate program to promote mental health awareness.

FISCAL EFFECT:

1. Potential one-time special fund costs of approximately $440,000 to DMV to establish the specialized license plate program, including computer programming changes and updating forms. Pursuant to current law, DMV will make computer programming and form changes only after program applications meet a 7,500-application threshold. Therefore, the DMV will incur these costs only if it receives enough applications to require the DHCS to implement the program. The DMV will incur minor ongoing costs to continue issuing specialty license plates and renewals under the program. All of the DMV's initial and ongoing costs will be covered by a portion of the additional $50 fee paid for original specialized license plates and the additional $40 fee to renew such plates.

1. Minor costs to DHCS to submit the program application and license prototype to DMV, design and print the license plate application, and collect and hold applications and fees until 7,500 applications are received.
2. Potential ongoing revenue to DHCS, subject to appropriation by the Legislature, to fund mental health awareness and education.

COMMENTS:

1. Specialized License Plates. Prior to 2007, any new special interest license plate required specific legislative authorization. This practice was held to be unconstitutional in that the Legislature approved some of the plates, and rejected others, using no standardized or objective criteria for those decisions. Pursuant to AB 84 (Leslie)/Statutes of 2006, the DMV will issue specialized license plates when sponsored by a state agency, the plate's message and resulting revenues support that agency's program, and at least 7,500 paid license applications have been received. The 7,500-application threshold attempts to assure that DMV's startup costs are fully covered, by the portion of the registration fee surcharge directed to the department, and to avoid a proliferation of different types of plates, which can be troublesome from a law enforcement perspective.
2. Purpose. This bill is intended to promote awareness and encourage the de-stigmatization of mental health illnesses. According to Every Mind Matters, 50% of Californians will experience a mental health challenge in their lifetime and between 70% and 90% of individuals report reduced symptoms and improved quality of life with treatment and support. According to the author, “Awareness is an important part of treating mental health issues in California. This bill will let Californians spread the word about this critical issue every time they get in their cars.”
3. Related Legislation. There are three bills, all pending in Senate Appropriations, that establish a specialized license plate program: AB 63 (Bonilla) for school safety, AB 270 (Nazarian) for diabetes awareness, and AB 932 (Daly) for local parks and recreation grant programs.
4. Prior Legislation. Since 2011, 12 bills have been introduced establishing specialized license plate program, of which four have been chaptered: Salton Sea restoration [AB 1096 (Nestande), Chapter 353, Statutes of 2014], kidney disease research [AB 2450 (Logue), Chapter 359, Statutes of 2014], breast cancer awareness [AB 49 (Buchanan), Chapter 351, Statutes of 2014], and domestic violence prevention [AB 2321 (Gomez), Chapter 358, Statutes of 2014].

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: March 14, 2016

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1884 (

Author:Harper) – As Amended Ver:March 10, 2016

SUBJECT: Specialized license plates: mental health awareness

SUMMARY: Requires the Department of Health Care Services (DHCS) to apply to the Department of Motor Vehicles (DMV) to sponsor a mental health awareness specialized license plate program. Establishes the Mental Health Awareness Fund and specifies that revenues from the fund will be used by DHCS to fund programs related to mental health awareness and education. States the intent of the Legislature that DMV consult with the Mental Health Services Division of DHCS to design the specialized plate containing specific images and messages.

EXISTING LAW:

1. Allows any state agency to apply to DMV to sponsor a specialized license plate program.
2. Requires DMV to issue specialized license plates for that program if the agency complies with all statutory requirements.
3. Prohibits DMV from establishing a specialized license plate program for an agency until it has received not less than 7,500 paid applications for that agency's specialized license plates.
4. Requires the agency to collect and hold applications for the plates. Once the agency has received at least 7,500 applications, it must submit the applications, along with the necessary fees, to DMV.
5. Prohibits advance payment to DMV of its estimated or actual administrative costs associated with the issuance of a particular specialized license plate from constituting compliance with the 7,500 application threshold requirement.
6. Requires funds accruing to a sponsoring state agency from the sale of specialized license plates to be expended exclusively for projects and programs that promote that agency's official policy, mission, or work.
7. Allows specialized license plates to feature a distinctive design, decal, or distinctive message in a two-inch by three-inch space to the left of the plate's numerical sequence and a space not larger than 5/8-inch in height below the numerical series.
   

FISCAL EFFECT: Unknown

COMMENTS: Prior to 2007, any new specialized license plate required specific legislative authorization. That practice was held to be unconstitutional by the federal courts, as the Legislature approved some plates and rejected others, without using any standardized or objective criteria for those decisions. In response to the court decision, AB 84 (Leslie), Chapter 454, Statutes of 2006, established the current specialized license plate program to provide a forum for government speech that promotes California's state policies. AB 84 excludes private organizations from seeking specialized license plates as a forum for private speech, and thus addresses the court's objection. The current specialized license plate program permits a state agency to initiate the development and sponsorship of a specialized plate, thus no additional legislation is required to authorize the creation of a new plate.

Plates created under the current program and the revenue they generate must publicize or promote a state agency, or the official policy, mission, or work of a state agency. Furthermore, the process requires that at least 7,500 paid applications must be received by the state agency prior to notifying DMV. This 7,500-application threshold was previously put into statute in an attempt to ensure that DMV's startup costs would be fully covered by the portion of the registration fee surcharge that is directed to DMV and to avoid a proliferation of different types of plates, which can be troublesome from a law enforcement perspective.

In regards to this bill, the author intends to promote awareness and encourage the de-stigmatization of mental health illnesses. Every Mind Matters, California’s Mental Health Movement, has found that 50 percent of Californians will experience a mental health challenge in their lifetime and between 70 and 90 percent of individuals report reduced symptoms and improved quality of life with treatment and support. According to the author, “Awareness is an important part of treating mental health issues in California. This bill will let Californians spread the word about this critical issue every time they get in their cars.”

Related legislation: Currently there are three bills in the legislative process that would direct a state agency to sponsor a specialized license plate for a specific cause: AB 63 (Bonilla) to raise money for school safety, AB 270 (Nazarian) to raise money for diabetes awareness, and AB 932 (Daly) to raise money for local parks and recreation grant programs. All three bills passed out of this Committee with no ‘No’ votes and are currently in the Senate Appropriations Committee.

Previous legislation: Since 2011, 12 bills have been introduced directing a state agency to sponsor a specialized license plate for a variety of causes. Since 2014, four were passed by the Legislature and signed by the Governor. These bills would raise funds for Salton Sea restoration [AB 1096 (Nestande), Chapter 353, Statutes of 2014], kidney disease research [AB 2450 (Logue), Chapter 359, Statutes of 2014], breast cancer awareness [AB 49 (Buchanan), Chapter 351, Statutes of 2014], and domestic violence prevention [AB 2321 (Gomez), Chapter 358, Statutes of 2014].

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Mental Health Peer-Run Organizations

County Behavioral Health Directors Association of California

Disability Rights California

Mental Health America of California

Opposition

None on file

Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093