Version:

Existing law establishes a specialized license plate program and requires the Department of Motor Vehicles (DMV) to issue specialized license plates on behalf of a sponsoring state agency that meets certain requirements. Existing law requires that the DMV charge specified additional fees for the issuance, renewal, or transfer of specialized license plates, and requires the DMV to deposit the fees, less the DMVs costs, into the Specialized License Plate Fund. Existing law requires that moneys in the fund be allocated, upon appropriation by the Legislature, to each sponsoring agency in proportion to the amount that is attributable to the agencys specialized license plate program. Existing law authorizes the sponsoring state agency to use these moneys to fund projects and programs that promote the state agencys official policy, mission, or work.

The bill would require the DMV to deposit fees for the issuance, renewal, or transfer of the Pet Lovers specialized license plates, less the DMVs costs, into the Pet Lovers Fund, which the bill would establish in the Specialized License Plate Fund, for the deposit of revenue derived from these specialized license plates. The bill would require that these funds be allocated, upon appropriation by the Legislature, to the Veterinary Medical Board for disbursement by a nonprofit organization selected by the board to fund grants to providers of no-cost or low-cost animal sterilization services. The bill would require the board to determine eligibility requirements for the grants, establish the grant application process, and develop program specifics. The bill would authorize the board to contract with an entity, including a nonprofit organization, to provide advice, consultation, and administrative services for purposes of implementing and administering the grant program. The bill would require the board to provide oversight for the disbursal of grant funds under the grant program.

This bill would require the State Coastal Conservancy to apply to the DMV to sponsor a license plate for coastal conservancy awareness, and would require the DMV, in consultation with the State Coastal Conservancy, to design for issuance these special license plates bearing a decal depicting a surfer design, as specified. The bill would require the DMV to deposit the fees for the issuance, renewal, or transfer of these specialized license plates, less the DMVs costs, into the Coastal Conservancy Awareness Fund, which the bill would establish in the Specialized License Plate Fund, for the deposit of revenue derived from these specialized license plates. The bill would require that these funds be allocated, upon appropriation by the Legislature, to the State Coastal Conservancy to fund specified projects and programs related to coastal conservancy, including providing for the maintenance and operation of coastal access infrastructure.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 5168 is added to the Vehicle Code, to read:5168.

(a)The fees specified in Section 5157 shall be imposed for the issuance, renewal, or transfer of the Pet Lovers specialized license plates. Notwithstanding subdivision (c) of Section 5157, after deducting its administrative costs, the department shall deposit the revenue derived from the additional fees into the Pet Lovers Fund, which is hereby established in the Specialized License Plate Fund.

(b)Upon appropriation by the Legislature, the moneys in the Pet Lovers Fund shall be allocated to the Veterinary Medical Board. There shall not be an allocation to the board pursuant to subdivision (c) of Section 5157. The board shall allocate those funds to a nonprofit organization it selects for disbursal to qualifying spay and neuter facilities for the sole and exclusive purpose of funding grants to providers of no-cost or low-cost animal sterilization services.

(c)Annual administrative costs for the program shall not exceed 25 percent of the funds collected from the issuance of the Pet Lovers license plates, and may include marketing and other promotional activities associated with encouraging application for or renewal of Pet Lovers license plates.

(d)The nonprofit organization selected by the board shall not use more than 5 percent of the moneys received pursuant to this section for administrative costs.

(e)The board shall determine eligibility requirements for the grants, establish the grant application process, and develop program specifics. The board may contract with an entity, including a nonprofit organization, to provide advice, consultation, and administrative services for purposes of implementing and administering the grant program. The board shall provide oversight for the disbursal of grant funds under the grant program.

The people of the State of California do enact as follows:SECTION 1.Section 5166 is added to the Vehicle Code, to read:5166.

(a)The State Coastal Conservancy shall apply to the department to sponsor a coastal conservancy awareness license plate program. The department shall issue specialized license plates for that program if the State Coastal Conservancy satisfies the requirements of Section 5156.

(b)The department, in consultation with the State Coastal Conservancy, shall design the special state coastal conservancy license plates as described in this section. The special state coastal conservancy license plates shall bear a decal that the department determines, in consultation with the Department of the California Highway Patrol, does not obscure the readability of the license plate depicting a surfer design, as approved by the State Coastal Conservancy.

(c)(1)The fees specified in Section 5157 shall be imposed for the issuance, renewal, or transfer of specialized license plates authorized by this section. Notwithstanding subdivision (c) of Section 5157, after deducting its administrative costs, the department shall deposit the revenue derived from the additional fees into the Coastal Conservancy Awareness Fund, which is hereby established in the Specialized License Plate Fund. Upon appropriation by the Legislature, the moneys in the Coastal Conservancy Awareness Fund shall be allocated to the State Coastal Conservancy to fund projects and programs that accomplish any of the purposes of Division 21 (commencing with Section 31000) of the Public Resources Code, prioritizing, but not limited to, all of the following:

(A)Educating the general public regarding the history of surfing as a sport and as a recreational activity, and educating the general public regarding other nonmotorized water recreation.

(B)Providing support for lifeguards at high-risk beaches to aid in the protection of the public who utilize those beaches.

(C)Providing for noncapital expenses relating to the operation and maintenance of access ways, educational opportunities, and increasing attendance at beaches, including, but not limited to, shuttle transportation methods.

(D)Hosting and supporting forums and events to increase coastal conservancy awareness, including the publication of articles.

(E)Developing and supporting activities designed to assist in preserving and protecting the shoreline and the delicate ecosystems residing within the coastal ecosystem.

(F)Providing for the maintenance and operation of coastal access infrastructure, including, but not limited to, trails, pathways, walkways, parking, ramps and stairs, coastal cleanup efforts, and any other beach access services.

(G)Providing for the protection, habitat, and the care, rehabilitation, and reintroduction of California sea lions.

(H)Promoting the coastal conservancy awareness license plate program, including, but not limited to, through the use of contracted partners as provided for in paragraph (2).

(2)The State Coastal Conservancy may enter into an agreement with the federal government, state or local governments, or any nonprofit organization, as may be appropriate, to assist the State Coastal Conservancy in accomplishing any of the projects or programs described in paragraph (1).

SEC. 2.SECTION 1.Section 5168 is added to the Vehicle Code, to read:5168.

(d)The nonprofit organization selected by the board shall not use more than 5 percent of the moneys received pursuant to this section for administrative costs.

The people of the State of California do enact as follows:SECTION 1.Section 5166 is added to the Vehicle Code, to read:5166.

(c)(1)The fees specified in Section 5157 shall be imposed for the issuance, renewal, or transfer of specialized license plates authorized by this section. Notwithstanding subdivision (c) of Section 5157, after deducting its administrative costs, the department shall deposit the revenue derived from the additional fees into the Coastal Conservancy Awareness Fund, which is hereby established in the Specialized License Plate Fund. Upon appropriation by the Legislature, the moneys in the Coastal Conservancy Awareness Fund shall be allocated to the State Coastal Conservancy to fund projects and programs that accomplish any of the following purposes: purposes of Division 21 (commencing with Section 31000) of the Public Resources Code, prioritizing, but not limited to, all of the following:

(A)Educating the general public regarding the history of surfing as a sport and as a recreational activity, and educating the general public regarding other nonmotorized water recreation.

(B)Providing support for lifeguards at high-risk beaches to aid in the protection of the public who utilize those beaches.

(D)Hosting and supporting forums and events to increase coastal conservancy awareness, including the publication of articles.

(E)Developing and supporting activities designed to assist in preserving and protecting the shoreline and the delicate ecosystems residing within the coastal ecosystem.

(G)Providing for the protection, habitat, and the care, rehabilitation, and reintroduction of California Sea Lions. sea lions.

(H)Promoting the coastal conservancy awareness license plate program, including, but not limited to, through the use of contracted partners as provided for in paragraph (2).

SEC. 2.Section 5168 is added to the Vehicle Code, to read:5168.

(d)The nonprofit organization selected by the board shall not use more than 5 percent of the moneys received pursuant to this section for administrative costs.

The people of the State of California do enact as follows:SECTION 1.Section 5166 is added to the Vehicle Code, to read:5166.

(A)Educating the general public regarding the history of surfing as a sport and as a recreational activity, and educating the general public regarding other nonmotorized water recreation.

(B)Providing support for lifeguards at high-risk beaches to aid in the protection of the public who utilize those beaches.

(D)Hosting and supporting forums and events to increase coastal conservancy awareness, including the publication of articles.

(E)Developing and supporting activities designed to assist in preserving and protecting the shoreline and the delicate ecosystems residing within the coastal ecosystem.

(G)Providing for the protection, habitat, and the care, rehabilitation, and reintroduction of California Sea Lions.

(H)Promoting the coastal conservancy awareness license plate program, including, but not limited to, through the use of contracted partners as provided for in paragraph (2).

SEC. 2.Section 5168 is added to the Vehicle Code, to read:5168.

(d)The nonprofit organization selected by the board shall not use more than 5 percent of the moneys received pursuant to this section for administrative costs.

The people of the State of California do enact as follows:SECTION 1.Section 5166 is added to the Vehicle Code, to read:5166.

(A)Educating the general public regarding the history of surfing as a sport and as a recreational activity. activity, and educating the general public regarding other nonmotorized water recreation.

(B)Providing support for lifeguards at high-risk beaches to aid in the protection of the public who utilize those beaches.

(C)Providing protections of coastal access for everyone.

(D)Providing educational programs, including publication of articles, and hosting and supporting forums and events to increase coastal conservancy awareness.

(D)Hosting and supporting forums and events to increase coastal conservancy awareness, including the publication of articles.

(E)Developing and supporting activities designed to assist in preserving and protecting the shoreline and the delicate ecosystems residing within the coastal ecosystem.

(G)Providing for the protection, habitat, and the care, rehabilitation, and reintroduction of California Sea Lions.

(H)Promoting the coastal conservancy awareness license plate program, including, but not limited to, through the use of contracted partners as provided for in paragraph (2).

The people of the State of California do enact as follows:SECTION 1.Section 5166 is added to the Vehicle Code, to read:5166.

(A)Educating the general public regarding the history of surfing as a sport and as a recreational activity.

(B)Providing support for lifeguards at high-risk beaches to aid in the protection of the public who utilize those beaches.

(C)Providing protections of coastal access for everyone.

(D)Providing educational programs, including publication of articles, and hosting and supporting forums and events to increase coastal conservancy awareness.

(E)Developing and supporting activities designed to assist in preserving and protecting the shoreline and the delicate ecosystems residing within the coastal ecosystem.

(2)The State Coastal Conservancy may enter into an agreement with any nonprofit organization, as may be appropriate, to assist the State Coastal Conservancy in accomplishing any of the projects or programs described in paragraph (1).

SECTION 1.Section 5156 of the Vehicle Code is amended to read:5156.

(a)(1)A state agency may apply to the department to sponsor a specialized license plate program, and the department shall issue specialized license plates for that program, if the agency complies with all of the requirements of this article.

(2)The department shall not issue specialized license plates to a state agency for a vehicle that is exempt from the payment of registration fees pursuant to Section 9101 or 9103.

(b)Except as provided in subdivision (d), the department shall not establish a specialized license plate program for an agency until the department has received not less than 7,500 applications for that agencys specialized license plates. The agency shall collect and hold applications for the plates. Once the agency has received at least 7,500 applications, it shall submit the applications, along with the necessary fees, to the department. The department shall not issue a specialized license plate until the agency has received and submitted to the department not less than 7,500 applications for that particular specialized license plate within the time period prescribed in this section. Advance payment to the department by the agency representing the departments estimated or actual administrative costs associated with the issuance of a particular specialized license plate shall not constitute compliance with this requirement. The agency shall have 12 months, following the date of approval of the agencys initial application to sponsor a specialized license plate program, to receive the required number of applications. If, after that 12 months, 7,500 applications have not been received, the agency shall immediately do either of the following:

(1)Refund to all applicants all fees or deposits that have been collected.

(2)Contact the department to indicate the agencys intent to undertake collection of additional applications and fees or deposits for an additional period, not to exceed 12 months, in order to obtain the minimum 7,500 applications. If the agency elects to exercise the option under this paragraph, it shall contact each applicant who has submitted an application with the appropriate fees or deposits to determine if the applicant wishes a refund of fees or deposits or requests the continuance of the holding of the application and fees or deposits until that time that the agency has received 7,500 applications. The agency shall refund the fees or deposits to an applicant so requesting. The agency shall not collect and hold applications for a period exceeding 24 months following the date of approval of the agencys initial application to sponsor a specialized license plate program.

(c)(1)If the number of outstanding and valid specialized license plates in a particular program, except as provided in subdivision (d), provided for in this article is less than 7,500, the department shall notify the sponsoring agency of that fact and shall inform the agency that if that number is less than 7,500 one year from the date of that notification, the department will no longer issue or replace those specialized license plates.

(2)Those particular specialized license plates that were issued prior to the discontinuation provided by paragraph (1) may continue to be used and attached to the vehicle for which they were issued and may be renewed, retained, or transferred pursuant to this code.

(d)(1)The Department of Veterans Affairs may sponsor a Gold Star Family specialized license plate program, and the department may establish this specialized license plate program in the absence of 7,500 paid applications as provided in subdivision (d) of Section 5157.

(2)The Department of Veterans Affairs shall, upon receiving proof of eligibility from an applicant, authorize the department to issue Gold Star Family specialized license plates for a vehicle owned by an eligible family member of a member of the Armed Forces of the United States who was killed in the line of duty while on active duty during wartime service, or during an international terrorist attack that has been recognized by the United States Secretary of Defense as an attack against the United States or a foreign nation friendly to the United States, or during military operations while serving outside the United States, including commonwealths, territories, and possessions of the United States, or as part of a peacekeeping force, which includes personnel assigned to a force engaged in a peacekeeping operation authorized by the United Nations Security Council. An eligible family member is defined as all of the following:

(A)A person who is otherwise eligible under this article to register a motor vehicle.

(B)A person who shows proof from the United States Department of Veterans Affairs or the Department of Defense that the member who was in the Armed Forces of the United States was killed in the line of duty while on active duty in the military.

(C)A person who bears, and shows proof satisfactory to the Department of Veterans Affairs of, one of the following relationships to the member of the Armed Forces killed in the line of duty while serving on active duty:

(i)Widow.

(ii)Widower.

(iii)Biological parent.

(iv)Adoptive parent.

(v)Stepparent.

(vi)Foster parent in loco parentis.

(vii)Biological child.

(viii)Adoptive child.

(ix)Stepchild.

(x)Sibling.

(xi)Half-sibling.

(xii)Grandparent.

(xiii)Grandchild.

(3)Upon the death of a person issued a Gold Star Family specialized license plate, the license plate shall be transferred to the surviving spouse, if he or she requests, or shall be returned to the department within 60 days after the death of the plateholder or upon the expiration of the vehicle registration, whichever occurs first.

(e)(1)The Department of Veterans Affairs shall apply to the department to sponsor a veterans specialized license plate program, and the department shall issue license plates for that program if the Department of Veterans Affairs meets the requirements prescribed by this section.

(2)The design of the veterans specialized license plate shall be identical to the design of the veterans special interest license plate issued pursuant to Section 5068 on or before January 1, 2010, and the decals for the plate shall be identical to those offered pursuant to Section 5068.

(3)Notwithstanding Section 5157, in addition to the regular fees for an original registration, a renewal of registration, or a transfer of registration, the following fees shall be paid by individuals applying for a special interest license plate or a decal issued under this subdivision:

(A)Fifty dollars ($50) for the initial issuance of the plates and decals. The plates shall be permanent and shall not be required to be replaced.

(B)Forty dollars ($40) for each renewal of registration that includes the continued display of the plates or decals.

(C)Fifteen dollars ($15) for transfer of the plates to another vehicle.

(D)Thirty-five dollars ($35) for replacement plates, if they become damaged or unserviceable.

(E)Ten dollars ($10) for replacement decals, if they become damaged or unserviceable.

(F)Seventy-eight dollars ($78) for the personalization of the plates.

(4)After deducting its administrative costs under this subdivision, the department shall deposit the revenue derived from the additional fees provided in paragraph (3) in the Veterans Service Office Fund created by Section 972.2 of the Military and Veterans Code.

The people of the State of California do enact as follows:SECTION 1.Section 5156 of the Vehicle Code is amended to read:5156.

(2)The department shall not issue specialized license plates to a state agency for a vehicle that is exempt from the payment of registration fees pursuant to Section 9101 or 9103.

(1)Refund to all applicants all fees or deposits that have been collected.

(2)Contact the department to indicate the agencys intent to undertake collection of additional applications and fees or deposits for an additional period, not to exceed 12 months, in order to obtain the minimum 7,500 applications. If the agency elects to exercise the option under this subparagraph paragraph, it shall contact each applicant who has submitted an application with the appropriate fees or deposits to determine if the applicant wishes a refund of fees or deposits or requests the continuance of the holding of the application and fees or deposits until that time that the agency has received 7,500 applications. The agency shall refund the fees or deposits to an applicant so requesting. The agency shall not collect and hold applications for a period exceeding 24 months following the date of approval of the agencys initial application to sponsor a specialized license plate program.

(d)(1)The Department of Veterans Affairs may sponsor a Gold Star Family specialized license plate program and, and the department may establish this specialized license plate program in the absence of 7,500 paid applications as provided in subdivision (d) of Section 5157.

(A)A person who is otherwise eligible under this article to register a motor vehicle.

(i)Widow.

(ii)Widower.

(iii)Biological parent.

(iv)Adoptive parent.

(v)Stepparent.

(vi)Foster parent in loco parentis.

(vii)Biological child.

(viii)Adoptive child.

(ix)Stepchild.

(x)Sibling.

(xi)Half-sibling.

(xii)Grandparent.

(xiii)Grandchild.

(A)Fifty dollars ($50) for the initial issuance of the plates and decals. The plates shall be permanent and shall not be required to be replaced.

(B)Forty dollars ($40) for each renewal of registration that includes the continued display of the plates or decals.

(C)Fifteen dollars ($15) for transfer of the plates to another vehicle.

(D)Thirty-five dollars ($35) for replacement plates, if they become damaged or unserviceable.

(E)Ten dollars ($10) for replacement decals, if they become damaged or unserviceable.

(F)Seventy-eight dollars ($78) for the personalization of the plates.

Date	Status
Jul 8, 2015	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
Oct 5, 2015	Chaptered by Secretary of State - Chapter 497, Statutes of 2015.
Oct 5, 2015	Approved by the Governor.
Sep 18, 2015	Enrolled and presented to the Governor at 4 p.m.
Sep 10, 2015	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.).
Sep 10, 2015	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3075.).
Sep 10, 2015	Senate amendments concurred in. To Engrossing and Enrolling.
Sep 9, 2015	Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2620.).
Sep 9, 2015	Read third time. Passed. Ordered to the Assembly.
Sep 9, 2015	In Assembly. Concurrence in Senate amendments pending.
Sep 1, 2015	Read second time and amended. Ordered to third reading.
Aug 31, 2015	From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27).
Aug 17, 2015	In committee: Referred to APPR. suspense file.
Jul 16, 2015	Read second time and amended. Re-referred to Com. on APPR.
Jul 16, 2015	From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 14).
Jan 28, 2015	Read first time. To print.
Jul 1, 2015	In committee: Hearing postponed by committee.
Jun 11, 2015	Referred to Com. on T. & H.
Jun 2, 2015	Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 4. Page 1797.)
Jun 2, 2015	Read third time. Passed. Ordered to the Senate.
Jun 2, 2015	In Senate. Read first time. To Com. on RLS. for assignment.
Jun 1, 2015	Read second time. Ordered to third reading.
May 28, 2015	Read second time and amended. Ordered returned to second reading.
May 28, 2015	From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).
May 6, 2015	In committee: Set, first hearing. Referred to APPR. suspense file.
Apr 28, 2015	From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (April 27). Re-referred to Com. on APPR.
Apr 21, 2015	Re-referred to Com. on TRANS.
Apr 20, 2015	From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
Mar 19, 2015	Referred to Com. on TRANS.
Jan 29, 2015	From printer. May be heard in committee February 28.

Date	Description	Location	Votes
Sep 10, 2015	AB 192 ALLEN Concurrence in Senate Amendments	Assembly Floor	78 0 2 Passed
Sep 9, 2015	Assembly 3rd Reading AB192 Travis Allen By Bates	Senate Floor	40 0 0 Passed
Aug 27, 2015	Do pass as amended	Senate Standing Committee on Appropriations	7 0 0 Passed
Aug 17, 2015	Placed on suspense file	Senate Standing Committee on Appropriations	7 0 0 Passed
Jul 14, 2015	Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar	Senate Standing Committee on Transportation and Housing	11 0 0 Passed
Jun 2, 2015	AB 192 ALLEN Assembly Third Reading	Assembly Floor	71 4 5 Passed
May 28, 2015	Do pass as amended.	Assembly Standing Committee on Appropriations	17 0 0 Passed
Apr 27, 2015	Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar	Assembly Standing Committee on Transportation	16 0 0 Passed

Key

Pro

Against

Did Not Vote

Concurrence in Senate Amendments analysis 1 @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 12pt; font-family: "Times New Roman", serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; orphans: 2; background: transparent; page-break-after: avoid } h1.western { font-size: 12pt; font-family: "Times New Roman", serif } h1.cjk { font-family: "Times New Roman", serif; font-size: 12pt } h1.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA }

AB 192

Page 3

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 192

Author:(Travis Allen)

As Amended Ver:September 1, 2015

Majority vote

ASSEMBLY:

71-4

(June 2, 2015)

SENATE:

40-0

(September 9, 2015)

Original Committee Reference: TRANS.

SUMMARY: Authorizes the expenditure of funds raised from the existing Pet Lover's specialized license plate program.

The Senate amendments:

Delete the requirement that the State Coastal Conservancy apply to the Department of Motor Vehicles (DMV) to sponsor a coastal conservancy awareness specialized license plate program, and all provisions related to this proposed specialized license plate program.
Authorize the revenue received from Pet Lover's specialized license plate program to be used to cover DMV's administrative costs and, upon appropriation, by the Veterinary Medical Board (VMB) for disbursal though a non-profit organization to qualifying spay and neuter facilities.

EXISTING LAW:

Allows any state agency to apply to DMV to sponsor a specialized license plate program.
Requires DMV to issue specialized license plates for that program if the agency complies with all statutory requirements.
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.
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.
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.
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.
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: According to the Senate Appropriations Committee:

The State Coastal Conservancy (SCC) would incur costs of $30,000 in 2015-16 for plate design and development of materials, and likely minor costs in 2016-17, and potentially 2017-18, for staff time to collect the initial 7,500 applications and fees for the establishment of the plate program (State Coastal Conservancy Fund). There could be additional costs of approximately $60,000 if SCC executes a marketing strategy to attract applicants. If the license plate program is implemented, SCC would incur ongoing administrative costs, potentially up to $100,000 annually (Coastal Conservancy Awareness Fund).
Assuming 7,500 pre-paid applications are collected by the SCC, DMV would incur initial administrative costs of $135,000 to process the applications, and an additional $440,000 in programming and other implementation costs, likely in 2017-18 or 2018-19, partially offset by pre-paid application fees of $375,000, leaving a net cost of approximately $200,000 (Motor Vehicle Account). These net costs would be reimbursed in the following fiscal year by registration renewal fees from holders of the coastal conservancy awareness plates. All ongoing costs thereafter would be fully offset by fees from renewals and issuance of new plates.
Upon full implementation of the proposed plate program, there would be ongoing revenues of approximately $300,000 annually for use by SCC for specified conservancy purposes (based on 7,500 plate renewals, and not accounting for administrative costs).
Diversion of funding for personalizing a coastal conservancy awareness plate from the California Environmental License Plate Fund to the School Violence Prevention Fund. See staff comments.
Likely minor fiscal impacts related to the authority for the VMB to designate a nonprofit entity for administering grant distribution under the Pet Lover's plate program. The overall limit of 25% for administrative purposes would still apply. (Pet Lover's Fund)

COMMENTS: Prior to 2007, any new specialized license plate required specific legislative authorization. That practice was held to be unconstitutional by the federal courts in that the Legislature approved some of the plates and rejected others, while using no 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.

Plates now created 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. The 7,500-application threshold was previously put into statute for specialized license plates and was arrived at in an attempt to assure 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.

This bill proposes to establish an expenditure framework for the Pet Lover's specialized license plate program. The VMB sponsored a specialized license plate administratively with the purpose of funding low- and no-cost animal sterilization services. That plate received more than 7,500 applications and is now in production. VMB, as the sponsoring agency for the Pet Lover's specialized license plate program, must retain the oversight for granting funds collected through the specialized plate program to qualified providers. However, VMB does not have sufficient staff to administer the program and is seeking assistance from a non-profit organization to provide general administrative support, such as providing recommendations for grant criteria, accepting and reviewing grant applications, and making recommendations to VMB regarding eligible providers of low-cost spay and neuter services. Under this bill, VMB would retain its authority and responsibility to make decisions regarding awarding grants, and would oversee the distribution of the funds, but may contract with a qualified non-profit for general administrative support.

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0001957

Appropriations Committee Fiscal Summary @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in; margin-bottom: 0.5in } p { direction: ltr; color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; background: transparent } p.western { font-size: 12pt; font-family: "Arial", sans-serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; widows: 2; orphans: 2; color: #000000; text-align: center; border-top: 1.50pt solid #000000; border-bottom: none; border-left: none; border-right: none; padding-top: 0.01in; padding-bottom: 0in; padding-left: 0in; padding-right: 0in; background: transparent } h1.western { font-family: "Arial", sans-serif; font-weight: bold; font-size: 14pt } h1.cjk { font-weight: bold; font-size: 14pt; font-family: "Times New Roman", serif } h1.ctl { font-weight: bold; font-family: "Arial", sans-serif; font-size: 14pt; so-language: ar-SA } h2 { direction: ltr; widows: 2; color: #000000; orphans: 2; background: transparent } h2.western { font-weight: bold; font-size: 12pt; font-family: "Arial", sans-serif } h2.cjk { font-weight: bold; font-size: 12pt; font-family: "Times New Roman", serif } h2.ctl { font-weight: bold; font-family: "Arial", sans-serif; font-size: 10pt; so-language: ar-SA }

AB 192 (Travis Allen) Page 0 of 1

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 192 (Travis Allen) - Specialized license plates.


Version: July 16, 2015	Policy Vote: T. & H. 11 - 0
Urgency: No	Mandate: No
Hearing Date: August 27, 2015	Consultant: Mark McKenzie

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 27, 2015

Bill Summary:

AB 192 would allow funds collected through the existing Pet Lover’s specialized license plate program to be allocated to a nonprofit organization that would disburse the funds to qualifying spay and neuter facilities, as specified. The Veterinary Medical Board (VMB) would retain an oversight role for the Pet Lover’s grant program.

Fiscal Impact:

Likely minor fiscal impacts. The overall limit that allows 25 percent of funds to be used for administrative purposes would still apply. (Pet Lover’s Fund)

Committee Amendments:

Delete the requirement that the State Coastal Conservancy apply to the Department of Motor Vehicles to sponsor a coastal conservancy awareness specialized license plate program, and all provisions related to this proposed plate program.

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SENATE RULES COMMITTEE - SENATE FLOOR ANALYSIS @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 14pt; font-family: "Times New Roman", serif } p.cjk { font-size: 14pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; page-break-inside: avoid; orphans: 2; background: transparent; page-break-after: avoid } h1.western { font-size: 12pt; font-family: "Times New Roman", serif } h1.cjk { font-size: 12pt; font-family: "Times New Roman", serif } h1.ctl { font-weight: bold; font-size: 14pt; font-family: "Times New Roman", serif; so-language: ar-SA } h2 { direction: ltr; margin-top: 0.14in; margin-bottom: 0in; widows: 2; color: #000000; orphans: 2; page-break-inside: avoid; background: transparent; page-break-after: avoid } h2.western { font-size: 14pt; font-weight: bold; font-family: "Times New Roman", serif } h2.cjk { font-weight: bold; font-size: 14pt; font-family: "Times New Roman", serif } h2.ctl { font-weight: bold; font-family: "Times New Roman", serif; font-size: 13pt; so-language: ar-SA } a:link { color: #0000ff; text-decoration: underline } a.western:link { font-weight: bold } a.cjk:link { font-weight: bold }

AB 192

Page 3

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 192

THIRD READING

Bill No: AB 192

Author: Travis Allen (R)

Amended: 7/16/15 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/14/15

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

ASSEMBLY FLOOR: 71-4, 6/2/15 - See last page for vote

SUBJECT: Specialized license plates

SOURCE: Author

DIGEST: This bill authorizes the expenditure of funds raised from the existing Pet Lover’s specialty license plate program.

ANALYSIS:

Existing law provides for a specialized license plate program, under which the Department of Motor Vehicles (DMV) may issue new special-interest license plates. Special-interest license plates may only be issued on behalf of state agencies and only provided that for each state agency:

The license plate has “a design or contains a message that publicizes or promotes a state agency, or the official policy, mission, or work of a state agency.” The design shall also be confined to the left of and below the numerical series (i.e., no full-plate designs allowed).

The state agency submits 7,500 applications and accompanying fees to DMV for the license plate. The state agency has 12 months to collect these applications and fees, but it can extend that to a maximum of 24 months if it notifies and offers to refund fees to those who applied during the first 12 months. Once a plate is issued, DMV stops issuing that plate for the agency if the number of plates drops below 7,500.

Under existing law, the Veterinary Medical Board (Board) has sponsored a specialty license plate for pet lovers, which has received more than 7,500 applications and is now in production.

This bill authorizes the revenue received from that plate to be used to cover the DMV’s costs and, upon appropriation, by the Veterinary Medical Board for disbursal though a non-profit organization to qualifying spay and neuter facilities.

Comments

Loving pets. The Board sponsored a specialty plate administratively with the purpose of funding low- and no-cost animal sterilization services. That plate received more than 7,500 applications and is now in production. The Board, as the sponsoring agency for the Pet Lover’s License Plate Program, must retain the oversight for granting funds collected through the specialized plate program to qualified providers. However, the Board does not have sufficient staff to administer the program and is seeking assistance from a non-profit organization to provide general administrative support, such as providing recommendations for grant criteria, accepting and reviewing grant applications, and making recommendations to the Board regarding eligible providers of low-cost spay and neuter services. Under this bill, the Board would retain its authority and responsibility to make decisions regarding awarding grants, and would oversee the distribution of the funds, but may contract with a qualified non-profit for general administrative support.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

Likely minor fiscal impacts related to the authority for the Board to designate a nonprofit entity for administering grant distribution under the Pet Lover’s plate program. The overall limit of 25% for administrative purposes would still apply. (Pet Lover’s Fund)

SUPPORT: (Verified 8/31/15)

None received

OPPOSITION: (Verified 8/31/15)

None received

ASSEMBLY FLOOR: 71-4, 6/2/15

AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Beth Gaines, Gallagher, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Brough, Eggman, Frazier, Cristina Garcia

NO VOTE RECORDED: Alejo, Bonilla, Chávez, Gordon, Grove

Prepared by: Randy Chinn / T. & H. / (916) 651-4121

9/1/15 20:20:25

**** END ****

AB 192 (Travis Allen) Page 5 of 5

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 192 (Travis Allen) - Specialized license plates


Version: July 16, 2015	Policy Vote: T. & H. 11 - 0
Urgency: No	Mandate: No
Hearing Date: August 17, 2015	Consultant: Mark McKenzie

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 192 would require the State Coastal Conservancy (SCC) to apply to the Department of Motor Vehicles (DMV) to sponsor a coastal conservancy awareness specialized license plate program, as specified. The bill would also allow funds collected through the existing Pet Lover’s specialized license plate program to be allocated to a nonprofit organization that would disburse the funds to qualifying spay and neuter facilities, as specified. The Veterinary Medical Board (VMB) would retain an oversight role for the Pet Lover’s grant program.

Fiscal Impact:

The SCC would incur costs of $30,000 in 2015-16 for plate design and development of materials, and likely minor costs in 2016-17, and potentially 2017-18, for staff time to collect the initial 7,500 applications and fees for the establishment of the plate program (State Coastal Conservancy Fund). There could be additional costs of approximately $60,000 if SCC executes a marketing strategy to attract applicants. If the license plate program is implemented, SCC would incur ongoing administrative costs, potentially up to $100,000 annually (Coastal Conservancy Awareness Fund).
Assuming 7,500 pre-paid applications are collected by the SCC, DMV would incur initial administrative costs of $135,000 to process the applications, and an additional $440,000 in programming and other implementation costs, likely in 2017-18 or 2018-19, partially offset by pre-paid application fees of $375,000, leaving a net cost of approximately $200,000 (Motor Vehicle Account). These net costs would be reimbursed in the following fiscal year by registration renewal fees from holders of the coastal conservancy awareness plates. All ongoing costs thereafter would be fully offset by fees from renewals and issuance of new plates.
Upon full implementation of the proposed plate program, there would be ongoing revenues of approximately $300,000 annually for use by SCC for specified conservancy purposes (based on 7,500 plate renewals, and not accounting for administrative costs).
Diversion of funding for personalizing a coastal conservancy awareness plate from the California Environmental License Plate Fund to the School Violence Prevention Fund. See staff comments.
Likely minor fiscal impacts related to the authority for the VMB to designate a nonprofit entity for administering grant distribution under the Pet Lover’s plate program. The overall limit of 25 percent for administrative purposes would still apply. (Pet Lover’s Fund)

Background:

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. Current law, as enacted by AB 84 (Leslie), Ch. 454/2006, authorizes any state agency to sponsor a special interest license plate, and apply to DMV to establish a new license plate program after collecting at least 7,500 applications and accompanying fees and submitting them to DMV. The applications must be collected within one year, with an option to extend that timeframe by an additional year under specified conditions. The new specialized license plate must have a design or contain a message that publicizes or promotes a state agency, or the official policy, mission, or work of the agency.

In addition to the regular fees for an original or renewal registration, existing law requires payment of the following fees for the issuance, renewal, or transfer of the specialized license plate: $50 for original issuance; $40 for renewal; $15 for transfer to another vehicle; and $35 for substitute replacement plates. Once a specialized license plate program has been implemented, all additional fee revenues associated with the plate, after subtracting DMV administrative costs, are deposited into the Specialized License Plate Fund, and made available to the sponsoring agency upon appropriation by the Legislature for projects and programs that promote the agency’s official policy, mission, or work. A sponsoring agency may not spend more than 25 percent of its license plate fee revenues for administrative, marketing, and promotional costs associated with the plate. If an applicant wishes to personalize a specialized license plate, the following additional fees would apply: $48 for original issuance, $38 for renewal, and $38 for transfer to another vehicle. Any fees paid for personalization would be deposited into the California Environmental License Plate Fund for expenditure on various environmental protection purposes.

The State Coastal Conservancy develops and implements projects that protect, restore, and enhance natural, recreational, and economic resources along California’s coast, coastal watersheds, the ocean, and within the San Francisco Bay Area. The SCC supports projects through direct funding and grants to local agencies and nonprofit organizations that do the following: (1) protect and enhance the natural environment, agricultural and scenic lands, and urban waterfronts in coastal areas; (2) increase public access to coastal areas, build trails, and increase opportunities for outdoor recreation; (3) support K-12 education programs about coastal resources; and (4) prepare for and mitigate impacts of climate change in coastal areas.

Proposed Law:

AB 192 would require the SCC to apply to DMV to sponsor a coastal conservancy awareness license plate program pursuant to the requirements of the specialized license plate program in existing law. The bill would require additional fees derived from the plate program to be deposited into the Coastal Conservancy Awareness Fund, established by this bill. Revenues would be allocated to the SCC, upon appropriation by the Legislature, to fund projects and programs that accomplish purposes consistent with existing authority, with priority provided to specified purposes. The bill authorizes the SCC to enter into agreements with governmental entities or nonprofit organizations to assist in accomplishing any eligible projects or programs. The plates would bear a decal that DMV determines would not obscure readability of the license plate depicting a surfer design, as approved by the SCC.

AB 192 would also establish the Pet Lover’s Fund in the Specialized License Plate Fund and require funds to be allocated to the Veterinary Medical Board, upon appropriation by the Legislature, and the VMB would allocate those funds to a nonprofit organization it selects to disburse funds to qualifying spay and neuter facilities to provide grants to providers of low- and no-cost animal sterilization services. The VMB would determine grant eligibility, develop the program, and contract with any entity, including a nonprofit organization, to implement and administer the grant program. The VMB would provide oversight for the disbursal of grant funds under the program.

Related Legislation:

Over the past five years, 13 bills have been introduced directing a state agency to sponsor a specialized license plate for a variety of causes, and eight of these bills were enacted. Most recently, the following four bills were signed into law in 2014: AB 49 (Buchanan), Ch. 351/2014, for breast cancer awareness; AB 1096 (Nestande), Ch. 353/2014, for Salton Sea restoration; AB 2321 (Gomez) Ch. 358/2014, for domestic violence prevention and sexual assault awareness; and AB 2450 (Logue), Ch. 359/2014, for kidney disease awareness.

There are three other specialized license plates pending in this Committee: AB 63 (Bonilla) would require the Department of Education to apply to the DMV to sponsor a school violence prevention license plate program; AB 270 (Nazarian) would require the Department of Public Health to apply to DMV to sponsor a diabetes awareness specialized plate program; AB 932 (Daly) would require the Department of Parks and Recreation to apply to DMV to sponsor a professional sports franchise license plate program, as specified.

Staff Comments:

As noted above, any state agency may sponsor a specialized license plate program and apply to DMV to issue the plates upon collection of 7,500 pre-paid applications without legislative action. Rather than allow the SCC to sponsor a plate at its discretion, this bill would require the Conservancy department to apply to DMV to sponsor a coastal conservancy awareness plate program.

As a sponsoring entity, existing law requires SCC to design a plate, apply to DMV to sponsor a plate program, and collect 7,500 pre-paid applications within 12 months. If the requisite number of applications has not been reached within a year, SCC has the option of either returning all fees and deposits to applicants, or notifying DMV that it intends to continue collection efforts to obtain the minimum 7,500 applications within the subsequent 12 months. If the SCC elects to continue collection efforts, it must contact applicants who submitted applications and fees to determine whether they would prefer to continue the application or have their deposits and fees refunded. Staff notes that only two of the 12 specialized plate programs signed into law since 2000 have successfully met the minimum threshold of 7,500 pre-paid applications.

Staff estimates that SCC would incur initial costs of approximately $30,000 in 2015-16 to design the coastal conservancy awareness license plate and apply to DMV to sponsor the plate, and likely minor costs in 2016-17, and possibly in 2017-18, to collect applications and fees. There could be additional costs of approximately $60,000 to the extent the SCC implements a marketing strategy to attract applicants, although that is not an explicit requirement in the bill or current law. Staff notes that there is no requirement that the SCC incur costs beyond the initial 12 month period if less than 7,500 applications have been collected. If the program is fully implemented, staff estimates the SCC could incur annual costs of up to $100,000 to administer the program. It is unclear whether SCC’s ongoing costs would be fully covered by the specified maximum of 25 percent of plate funds that may be used for administrative costs. Costs in excess of these amounts would be a special fund expense (State Coastal Conservancy Fund).

All DMV costs are contingent upon receipt of 7,500 pre-paid applications, as specified above. If the requisite number of applications are not received within the specified timeframes, the coastal conservancy awareness plate program would not be implemented and there would be no further costs or revenues derived from the bill.

If the license plate program is implemented, it would generate at least $300,000 in annual revenues for specified SCC purposes (assuming the minimum 7,500 plate holders paid a $40 renewal fee). After deducting SCC’s allowable administrative costs, there would likely be less than $250,000 in plate funds available for these purposes. The SCC would not need to establish a new program, as all of the eligible expenditures specified in the bill are consistent with the Conservancy’s existing authority. The license plate funds would likely be used to supplement existing grant programs.

Existing law requires specified additional funds related to personalizing a specialized license plate must be deposited into the California Environmental License Plate Fund. This bill requires DMV to deposit all fees collected from the sale of the coastal conservancy awareness plates into the Coastal Commission Awareness Fund, after deducting administrative costs. This would appear to result in the diversion of any revenues associated with personalization from the Environmental License Plate Fund to the new fund for expenditure by the SCC.

Staff notes that the Senate Transportation and Housing Committee authored, and the Senate approved, SR 28 last year to declare a moratorium on legislation to increase the number of specialized plate types that DMV may issue until the Legislature can assess the full and long-term impacts of the ongoing increase in license plate types. The resolution requested DMV to establish a task force to study plate proliferation and make recommendations to the Legislature and Governor by July 1, 2015. That report is still pending, and the proposed moratorium has apparently not prevented new plate proposals from moving forward in the current Session.

Pet Lover’s plate provisions:

The Veterinary Medical Board administratively sponsored a specialty plate with the purpose of funding low- and no-cost animal sterilization services. That plate received more than 7,500 applications and is now in production. The VMB, as the sponsoring agency for the Pet Lover’s License Plate Program, must retain the oversight for granting funds collected through the plate program to qualified providers. The board does not have sufficient staff to administer the program and is seeking assistance from a non-profit organization to provide general administrative support, such as providing recommendations for grant criteria, accepting and reviewing grant applications, and making recommendations to the VMB regarding eligible providers of low-cost spay and neuter services. This bill would require the VMB to develop the program, including eligibility and application processes, and provide oversight over grant distribution, but allow for contracting with a qualified non-profit for general administrative support. The state fiscal impacts of shifting administrative responsibilities to a nonprofit organization are likely to be minor. The existing limit on using 25 percent of available funds for marketing and administrative purposes remains, and the bill allows the nonprofit entity to use up to five percent of funds for its administrative purposes, which must be included as a part of the overall 25 percent limit for administrative costs.

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AB 192 (Travis Allen) Page 5 of 5

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 192 Hearing Date: 7/14/2015

Author:	Travis Allen
Version:	7/8/2015
Urgency:	No	Fiscal:	Yes
Consultant:	Randy Chinn

SUBJECT: Specialized license plates: coastal conservancy awareness

DIGEST: This bill 1) establishes a Coastal Conservancy awareness license plate program and 2) authorizes the expenditure of funds raised from the existing Pet Lover’s specialty license plate program.

ANALYSIS:

The license plate has “a design or contains a message that publicizes or promotes a state agency, or the official policy, mission, or work of a state agency.” The design shall also be confined to the left of and below the numerical series (i.e., no full-plate designs allowed).

The state agency submits 7,500 applications and accompanying fees to DMV for the license plate. The state agency has 12 months to collect these applications and fees, but it can extend that to a maximum of 24 months if it notifies and offers to refund fees to those who applied during the first 12 months. Once a plate is issued, DMV stops issuing that plate for the agency if the number of plates drops below 7,500.

In addition to the usual registration and license fees, DMV charges the following additional fees for specialized license plates: $50 for the initial issuance; $40 for annual renewal; and $98 to personalize. DMV deducts its administrative costs from the revenues generated. The net revenues derived from a specialized license plate are then available upon appropriation for the sponsoring state agency to expend exclusively on projects and programs that promote the state agency’s official policy, mission, or work.

This bill requires the State Coastal Conservancy to apply to the DMV to sponsor a coastal conservancy awareness license plate program.

The net proceeds of the program shall be allocated to the State Coastal Conservancy to accomplish any of the following:

Educating the public on the history of surfing.
Providing support for lifeguards at high-risk beaches.
Providing for operation and maintenance of access ways, educational opportunities, and increasing attendance at beaches.
Hosting and supporting forums and events to increase coastal conservancy awareness.
Developing and supporting activities designed to assist in preserving and protecting the shoreline.
Providing for the maintenance and operation of coastal access infrastructure.
Providing for the protection, habitat, care, rehabilitation, and reintroduction of California sea lions.

Under existing law, the Veterinary Medical Board has sponsored a specialty license plate for pet lovers, which has received more than 7,500 applications and is now in production.

COMMENTS:

Purpose. According to the author, this bill seeks to expand the opportunity for the Coastal Conservancy to execute their duties as well as provide coastal access, education, seal lion habitat and rehabilitation, and operation and maintenance of infrastructure.

History of special interest license plates. Historically, the Vehicle Code required the DMV to issue, upon legislative authorization, a special-interest license plate bearing a distinctive design or decal of a sponsoring organization to any vehicle owner that pays specified fees, provided that the sponsoring organization met certain conditions. These conditions included that the sponsor of a special-interest license plate had to collect 7,500 applications and fees for a special license plate in order to pay DMV’s costs of creating a new plate, which are approximately $375,000, or 7,500 applications times the $50 fee.

In 2004, a federal court decision, Women’s Resource Network v. Gourley, E.D. Cal 2004, F.Supp.2d, 2004 U.S. Dist., invalidated the provisions of the Vehicle Code described above. In the Gourley decision, the court declared California’s special-interest license plate statutes unconstitutional because they violated the First Amendment right to freedom of speech. The court specifically objected to the Legislature “picking and choosing” special license plates that private organizations propose, in essence promoting the message of some organizations while denying this right to others. The court did allow the 10 special-interest license plates existing at the time of its decision to remain in use and available to new applicants, as they are today.

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. Newly created plates and the revenue they generate must publicize or promote a state agency, or the official policy, mission, or work of a state agency.

A recent decision by the United States Supreme Court may have upended the Gourley decision. On June 18, 2015, the Court issued Walker v. Texas Division, Sons of Confederate Veterans, which appears to be a contrary ruling to Gourley. However, the committee needs to consult with others before providing a more definitive opinion.

Rough seas forecast. The track record of specialty license plates reaching the 7,500 threshold is poor. Of the 12 legislatively sponsored plates approved this century, only two have met the threshold.

Similar plate exists. The DMV currently offers a Coastal Commission license plate to support some of the general activities described in this bill: coastal public education programs, maintaining public beaches and coastal restoration and enhancement.

Loving pets. The Veterinary Medical Board (Board) sponsored a specialty plate administratively with the purpose of funding low- and no-cost animal sterilization services. That plate received more than 7,500 applications and is now in production. The Board, as the sponsoring agency for the Pet Lover’s License Plate Program, must retain the oversight for granting funds collected through the specialized plate program to qualified providers. However, the Board does not have sufficient staff to administer the program and is seeking assistance from a non-profit organization to provide general administrative support, such as providing recommendations for grant criteria, accepting and reviewing grant applications, and making recommendations to the Board regarding eligible providers of low-cost spay and neuter services. Under this bill, the Board would retain its authority and responsibility to make decisions regarding awarding grants, and would oversee the distribution of the funds, but may contract with a qualified non-profit for general administrative support.

Technical amendment. The Coastal Conservancy has suggested a technical amendment to clarify that the purposes for which funds will be used are consistent with their mission. That language is as follows:

Page 3, line 2: Replace “following purposes” with “purposes of Division 21 (commencing with Section 31000) of the Public Resources Code, prioritizing, but not limited to, all of the following:”

Related Legislation:

AB 63 (Bonilla, 2015) — establishes a school violence prevention specialized license plate program. This bill is pending in the Senate Appropriations Committee.

AB 270 (Nazarian, 2015) — establishes a diabetes awareness specialized license plate. This bill is pending in the Senate Appropriations Committee.

AB 932 (Daly, 2015) — establishes a professional sports specialized license plate. This bill is pending in the Senate Appropriations Committee.

AB 1338 (Gomez, 2015) — establishes a domestic violence and sexual assault awareness specialized license plate. This bill is pending in the Senate Appropriations Committee.

AB 49 (Buchanan, Chapter 351, Statutes of 2014) — requires the State Department of Health Care Services to apply to the DMV to sponsor a breast cancer awareness license plate program.

AB 1096 (Nestande, Chapter 353, Statutes of 2014) — requires the Department of Fish and Wildlife to apply to the DMV to sponsor a Salton Sea license plate program.

AB 2321 (Gomez, Chapter 358, Statutes of 2014) – requires the Office of Emergency Services to apply to the DMV for a domestic violence and sexual assault awareness and specialty license plate program.

AB 2450 (Logue, Chapter 359, Statutes of 2014) — requires the State Department of Public Health to apply to the DMV for a kidney disease awareness specialty license plate program.

AB 244 (Bonilla, Chapter 690, Statutes of 2013) — requires the Department of Veterans Affairs to apply to the DMV to sponsor a veterans specialty license plate program.

Assembly Votes:

Floor: 71-4

Appr: 17-0

Trans: 16-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

July 8, 2014.)

SUPPORT:

None received

OPPOSITION:

None received

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Assembly Third Reading analysis @page { size: 8.5in 11in; margin-left: 1in; margin-right: 0.75in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 12pt; font-family: "Times New Roman", serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; orphans: 2; background: transparent; page-break-after: avoid } h1.western { font-size: 12pt; font-family: "Times New Roman", serif } h1.cjk { font-family: "Times New Roman", serif; font-size: 12pt } h1.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA }

AB 192

Page 2

ASSEMBLY THIRD READING

ATR Bill Id:AB 192

Author:(Travis Allen)

As Amended Ver:May 28, 2015

Majority vote

Committee	Votes	Ayes	Noes
Transportation	16-0	Frazier, Achadjian, Baker, Bloom, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Melendez, Nazarian, O'Donnell, Santiago
Appropriations	17-0	Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood

SUMMARY: Requires the State Coastal Conservancy (SCC) to apply to the Department of Motor Vehicles (DMV) to sponsor a coastal conservancy specialized license plate program (program), as specified. Establishes the Coastal Conservancy Awareness Fund (Fund) and specifies that revenues from the Fund will be used by SCC to fund programs related to coastal protection and public awareness, as specified.

EXISTING LAW:

Allows any state agency to apply to DMV to sponsor a specialized license plate program.
Requires DMV to issue specialized license plates for that program if the agency complies with all statutory requirements.
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.
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.
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.
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.
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: According to the Assembly Appropriations Committee:

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 SCC 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.
Minor costs to the SCC 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.
Potential ongoing revenue to the SCC, from a portion of the additional fees for new and renewed specialty license plates generated after the funding requirements in 1) above, are satisfied.

The author introduced this bill in an attempt to establish a funding source to support coastal protection efforts and raise coastal awareness through education and outreach efforts. The author notes that this bill will "continue to protect access to California's coasts, educate more people about the history and recreational value of our beaches, and promote the protection of the coast for everyone to be able to enjoy it for generations to come."

Please see the policy committee analysis for full discussion of this bill.

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0000694

Assembly Bill Fiscal Committee Analysis @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 12pt; font-family: "Times New Roman", serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; orphans: 2; text-align: center; background: transparent; page-break-after: avoid } h1.western { font-family: "Times New Roman", serif; font-size: 12pt } h1.cjk { font-family: "Times New Roman", serif; font-size: 12pt } h1.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA }

AB 192

Page 2

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 192

Author:(Travis Allen) – As Amended Ver:April 20, 2015

Policy Committee:	Transportation	Vote:	16 - 0

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

SUMMARY:

This bill requires the State Coastal Conservancy (SCC) to apply to the DMV for a specialized license plate program. Net revenues from these plates, upon appropriation by the Legislature, are to be allocated by the SCC to fund specified purposes related to protection and preservation of coastal resources.

FISCAL EFFECT:

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 SCC 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.

Minor costs to the SCC 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.

Potential ongoing revenue to the SCC, from a portion of the additional fees for new and renewed specialty license plates generated after the funding requirements in (1) are satisfied.

COMMENTS:

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.
Purpose. The author introduced AB 192 in an attempt to establish a funding source to support coastal protection efforts and raise coastal awareness through education and outreach efforts. The author notes that this bill will "continue to protect access to California's coasts, educate more people about the history and recreational value of our beaches, and promote the protection of the coast for everyone to be able to enjoy it for generations to come."
Related Legislation. AB 63 (Bonilla), pending on this committee's Suspense file, requires the California Department of Education (CDE) to apply to the DMV to create a specialized license plate program to fund the purposes of the School Safety and Violence Protection Act.

AB 270 (Nazarian), also pending on this committee's Suspense file, requires the Department of Public Health to apply to the DMV to sponsor a diabetes awareness, education, and research specialized license plate program.

AB 932 (Daly and Gipson), also on today's committee agenda, requires the Department of Parks and Recreation (DPR) to apply to the DMV to sponsor specialized license plates, using the officially-licensed logos of California's professional sports teams, with net revenues from these plates to be used by DPR's Office of Grants and Local Services to fund local parks are recreation programs.

Prior Legislation. Over the past five years, 13 bills have been introduced directing a state agency to sponsor a specialized license plate for a variety of causes, and eight of these bills were passed by the Legislature and signed by the Governor. Last year the following four bills were enacted: AB 49 (Buchanan)/Chapter 351, for breast cancer awareness, AB 1096 (Nestande)/Chapter 353) for Salton Sea restoration, AB 2321 (Gomez)/Chapter 358, for domestic violence prevention, and AB 2450 (Logue), for kidney disease research.

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

Assembly Bill Policy Committee Analysis @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 12pt; font-family: "Times New Roman", serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; orphans: 2; text-align: center; background: transparent; page-break-after: avoid } h1.western { font-family: "Times New Roman", serif; font-size: 12pt } h1.cjk { font-family: "Times New Roman", serif; font-size: 12pt } h1.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h2 { direction: ltr; color: #000000; widows: 2; orphans: 2; background: transparent; page-break-after: avoid } h2.western { font-weight: bold; font-size: 13pt; font-family: "Times New Roman", serif } h2.cjk { font-weight: bold; font-size: 13pt; font-family: "Times New Roman", serif } h2.ctl { font-family: "Times New Roman", serif; font-size: 10pt; so-language: ar-SA }

AB 192

Page 3

Date of Hearing: April 27, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 192

Author:(Travis Allen) – As Amended Ver:April 20, 2015

SUBJECT: License plates

EXISTING LAW:

Allows any state agency to apply to DMV to sponsor a specialized license plate program.

Requires DMV to issue specialized license plates for that program if the agency complies with all statutory requirements.

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.

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.

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.

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.

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

According to SCC's 2013 strategic plan the California coast is an environmental, recreational and economic asset to the state. The plan highlights that two out of every three Californians lives in a coastal county and millions of visitors come to our coast each year. Furthermore, California's coast is also a major economic driver to the state - the National Ocean Economics Program found that in 2000 the total gross state product of California’s coast and ocean was approximately $42.9 billion and it supported almost 700,000 jobs.

The author introduced AB 192 in an attempt to establish a funding source to support coastal protection efforts and raise coastal awareness through education and outreach efforts. The author notes that this bill will "continue to protect access to California's coasts, educate more people about the history and recreational value of our beaches, and promote the protection of the coast for everyone to be able to enjoy it for generations to come."

Related legislation: AB 63 (Bonilla), requires the California Department of Education to apply to the DMV to sponsor a specialized license plate program to generate funds for school violence prevention programs. This bill passed out of the Assembly Education Committee on March 25, 2015, with a 6-0 vote and subsequently passed out of this Committee on April 13, 2015 with a 16-0 vote.

AB 270 (Nazarian), requires the State Department of Public Health to apply to DMV to sponsor a diabetes awareness, education, and research specialized license plate program, as specified. AB 270 passed out of this committee on a 16-0 vote and is awaiting a hearing in the Assembly Appropriations Committee.

AB 932 (Daly and Thurmond), requires the State Department of Parks and Recreation to apply to DMV to sponsor a specialized license plate program using professional sport team logos. Establishes the California State Parks Account and specifies that revenues from the Account be used by DPR to fund local park and recreation programs. AB 932 passed out of this committee on a 14-0 vote and subsequently passed out of the Arts, Entertainment, Sports, Tourism, and Internet Media Committee on April 21, 2015 with a 7-0.

Previous legislation: Over the past 5 years, 13 bills have been introduced directing a state agency to sponsor a specialized license plate for a variety of causes. Of the 13 bills, eight passed the Legislature and were signed by the Governor. Most recently, in 2014, four bills were introduced and enacted to raise money 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

None on file

Opposition

None on file

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093

Discussed in Hearing

57SEC

Authors shown for version:
Chaptered (10/5/2015)

AB 192: Specialized license plates.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 192

SENATE COMMITTEE ON APPROPRIATIONS

Bill Summary:

Fiscal Impact:

Committee Amendments:

THIRD READING

Bill No: AB 192

DIGEST: This bill authorizes the expenditure of funds raised from the existing Pet Lover’s specialty license plate program.

SENATE COMMITTEE ON APPROPRIATIONS

Bill Summary:

Fiscal Impact:

Background:

Proposed Law:

Related Legislation:

Staff Comments:

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

DIGEST: This bill 1) establishes a Coastal Conservancy awareness license plate program and 2) authorizes the expenditure of funds raised from the existing Pet Lover’s specialty license plate program.

POSITIONS: (Communicated to the committee before noon on Wednesday,

July 8, 2014.)

SUPPORT:

ASSEMBLY THIRD READING

ATR Bill Id:AB 192

ASSEMBLY COMMITTEE ON APPROPRIATIONS

ABPCA Bill Id:AB 192

ASSEMBLY COMMITTEE ON TRANSPORTATION

ABPCA Bill Id:AB 192

Assembly Floor

Senate Floor

Senate Standing Committee on Appropriations

Assembly Floor