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 department 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 requires the sponsoring state agency to use these moneys exclusively to fund projects and programs that promote the state agencys official policy, mission, or work. Existing law establishes the Food Bank Advisory Committee and requires the committee to advise the Department of Food and Agriculture on the establishment of new food banks and to advise on the adequate and efficient distribution of surplus food commodities to all areas of the state.

This bill would require the Department of Food and Agriculture to apply to the DMV to sponsor an Imagine license plate bearing an image of John Lennon and the word Imagine under the numerical series. The bill would direct the DMV to deposit the additional revenue from these license plates into the Imagine Account, which the bill would create. The bill would continuously appropriate moneys in the Imagine Account to the Department of Food and Agriculture for allocation to a nonprofit organization for the purpose of funding grants to local food banks. The bill would require the Department of Food and Agriculture to determine eligibility requirements for food banks receiving the funds under the Imagine program and to develop program specifics. The bill would authorize the Department of Food and Agriculture to contract with an entity, including a nonprofit organization, to provide advice, consultation, and administrative services for purposes of implementing and administering the Imagine program. The bill would require the Department of Food and Agriculture to provide oversight for the program and would limit the nonprofit selected by the department from using more than 5 percent of the moneys received for its administrative costs.

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 department 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 requires the sponsoring state agency to use these moneys exclusively to fund projects and programs that promote the state agencys official policy, mission, or work. Existing law establishes the Food Bank Advisory Committee and requires the committee to advise the Department of Food and Agriculture on the establishment of new food banks and to advise on the adequate and efficient distribution of surplus food commodities to all areas of the state.

This bill would require the Department of Food and Agriculture to apply to the DMV to sponsor an Imagine license plate bearing an image of John Lennon on a light-blue background with clouds and the word Imagine under the numerical series. The bill would direct the DMV to deposit the additional revenue from these license plates into the Imagine Account, which the bill would create. The bill would continuously appropriate moneys in the Imagine Account to the Department of Food and Agriculture for allocation to the California Association of Food Banks and further distribution a nonprofit organization for the purpose of funding grants to local food banks. The bill would require the California Association of Food Banks Department of Food and Agriculture to determine eligibility requirements for food banks receiving the funds under the Imagine program and to develop program specifics. The bill would authorize the California Association of Food Banks Department of Food and Agriculture to contract with an entity, including a nonprofit organization, to provide advice, consultation, and administrative services for purposes of implementing and administering the Imagine program. The bill would require the Department of California Highway Patrol to approve the design of the Imagine specialized license plate prior to production, as specified. The bill would require the Department of Food and Agriculture to provide oversight for the program and would limit the nonprofit selected by the department from using more than 5 percent of the moneys received for its administrative costs.

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 department 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 requires the sponsoring state agency to use these moneys exclusively to fund projects and programs that promote the state agencys official policy, mission, or work. Existing law establishes the Food Bank Advisory Committee and requires the committee to advise the Department of Food and Agriculture on the establishment of new food banks and to advise on the adequate and efficient distribution of surplus food commodities to all areas of the state.

This bill would require the Department of Food and Agriculture to apply to the DMV to sponsor an Imagine license plate bearing an image of John Lennon on a light-blue background with clouds and the word Imagine under the numerical series. The bill would direct the DMV to deposit the additional revenue from these license plates into the Imagine Account, which the bill would create. The bill would continuously appropriate moneys in the Imagine Account to the Department of Food and Agriculture for allocation to the California Association of Food Banks and further distribution to local food banks. The bill would require the California Association of Food Banks to determine eligibility requirements for food banks receiving the funds under the Imagine program and to develop program specifics. The bill would authorize the California Association of Food Banks to contract with an entity, including a nonprofit organization, to provide advice, consultation, and administrative services for purposes of implementing and administering the Imagine program. The bill would prohibit annual administrative costs of the program incurred by the California Association of Food Banks from exceeding 25% of the funds collected from the issuance of the Imagine specialized license plates. The bill would declare the intent of the Legislature that the DMV, in consultation with the Department of Food and Agriculture, design and make available for issuance the Imagine specialized license plates, as specified. The bill would require the Department of California Highway Patrol to approve the design of the Imagine specialized license plate prior to production, as specified.

Existing law establishes a specialized license plate program and requires the Department of Motor Vehicles (DMV) to issue specialized license plates to on behalf of a sponsoring state agency that meets certain requirements. Existing law requires that the department charge specified additional fees for the issuance, renewal, or transfer of specialized license plates. 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 requires the sponsoring state agency to use these moneys exclusively to fund projects and programs that promote the state agencys official policy, mission, or work. Existing law establishes the Food Bank Advisory Committee and requires the committee to advise the Department of Food and Agriculture on the establishment of new food banks and to advise on the adequate and efficient distribution of surplus food commodities to all areas of the state.

This bill would make technical, nonsubstantive changes to the provision establishing a specialized license plate program. require the DMV to deposit fees for the issuance of the Imagine specialized license plates, less the DMVs costs, into the Imagine No Hunger Fund, which the bill would establish in the Specialized License Plate Fund, for the deposit of revenue derived from these specialized license plates for the purpose of funding the Department of Food and Agricultures Imagine program. The bill would require that these funds be allocated to, upon appropriation by the Legislature, the California Association of Food Banks, a private membership organization of 43 food banks from throughout the state, for proportional disbursement to its members to purchase additional food for distribution to food insecure families under the Imagine program. The bill would require the California Association of Food Banks to determine eligibility requirements for food banks receiving the funds under the Imagine program and to develop program specifics. The bill would authorize the California Association of Food Banks to contract with an entity, including a nonprofit organization, to provide advice, consultation, and administrative services for purposes of implementing and administering the Imagine program. The bill would prohibit annual administrative costs of the program incurred by the California Association of Food Banks from exceeding 25% of the funds collected from the issuance of the Imagine specialized license plates. The bill would declare the intent of the Legislature that the DMV, in consultation with the Department of Food and Agriculture, design and make available for issuance the Imagine specialized license plates, as specified. The bill would require the Department of California Highway Patrol to approve the design of the Imagine specialized license plate prior to production, as specified.

Existing law establishes a specialized license plate program and requires the Department of Motor Vehicles to issue specialized license plates to a sponsoring state agency that meets certain requirements. Existing law requires that the department charge specified additional fees for the issuance, renewal, or transfer of specialized license plates.

This bill would make technical, nonsubstantive changes to the provision establishing a specialized license plate program.

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2131

Author:(Maienschein) – As Amended Ver:April 18, 2016

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

SUMMARY:

This bill requires the Department of Food and Agriculture (CDFA) to apply to the DMV to sponsor the "Imagine" specialized license plate, and continuously-appropriates all net revenues from sales of this plate to assist food banks in California. The plates would contain an image of a duly-licensed self-portrait of John Lennon to the left of the numerical series.

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 CDFA 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, continuously-appropriated to assist the state's food banks.
   
3. Current law requires that specified additional funds related to personalizing a specialized license plate must be deposited into the Environmental License Plate Fund (ELPF). This bill instead directs all revenues to the newly created Imagine Account, for food banks, after deducting administrative costs. This would result in the diversion of any revenues associated with personalization from the ELPF to the new account.

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. The author seeks to provide support and revenue to California’s emergency food safety net without taking resources from the General Fund. According to the California Association of Food Banks, the sponsor of this bill, more than five million Californians, including one in four children, face food insecurity every day and many of these individuals rely on the services of food banks for access to nutrition. The author argues that the revenue generated from this specialized license plate program will be instrumental in funding California food banks to reach the goal of ending hunger in California. In 2004, the State of Florida enacted a well-received specialty license plate bearing the John Lennon theme.
3. Related Legislation. Currently there are six other bills in the legislative process that would direct a state agency to sponsor a specialized license plate for a specific cause. Three bills were all held on Suspense last year in Senate Appropriations: 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. AB 1884 (Harper), pending on this committee's Suspense file, raises money for mental health awareness. AB 2303 (Holden), on today's committee agenda, raises money for the state's Active Transportation Program. AB 2253 (Grove), also on today's agenda, raises money to support veterans' 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: April 20, 2016

ASSEMBLY COMMITTEE ON AGRICULTURE

Bill Dodd, Chair

ABPCA Bill Id:AB 2131 (

Author:Maienschein) – As Amended Ver:April 18, 2016

SUBJECT: Specialized license plates.

SUMMARY: Requires the California Department of Food and Agriculture (CDFA) to apply to the Department of Motor Vehicles (DMV) to sponsor the “Imagine” specialized license plate program, for the purpose of helping food banks end hunger in California. Establishes the Imagine Account and specifies that revenues from the account will be allocated by CDFA to a non-profit organization for the purpose of funding local food banks. Requires the design of the specialized license plate include specific images and messages. Specifically, this bill:

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; and, 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 specialty 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.

According to the author, the intent of AB 2131 is to provide support and revenue to California’s emergency food safety net without taking resource from the General Fund. According to the California Association of Food Banks, the sponsor of this bill, more than 5 million Californians, including 1 in 4 children, face food insecurity every day and many of these individuals rely on the services of food banks for access to nutrition. The author argues that the revenue generated from this specialized license plate program will be instrumental in funding California food banks to reach the goal of ending hunger in California. This bill would dedicate the revenues from this specialized license plate program to qualifying local food banks through a program administered by CDFA in conjunction with a non-profit organization.

This bill specifies the design of the Imagine plate to include the likeness of John Lennon, a founding member of The Beatles, characterized by the bill’s proponents as the most commercially successful band in the history of popular music. Florida enacted a well-received specialty license plate bearing the same theme in 2004.

RELATED LEGISLATION: There are five other bills in the legislative process that would direct a state agency to sponsor a specialized license plate for a specific cause. Three bills, 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, are currently in the Senate Appropriations Committee. AB 1884 (Harper) to raise money for mental health awareness and AB 2303 (Holden) to raise money for the Active Transportation Program are currently in the Assembly Appropriations Committee. Another measure was held by the Assembly Transportation 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]. None have yet gathered the necessary number of applications to enter production.

REGISTERED SUPPORT / OPPOSITION:

Support

Alameda County Community Food Bank

California Association of Food Banks

California Food Policy Advocates

Community Action Agency of Butte County, Inc.

Community Food Bank

Feeding America San Diego

FIND Food Bank

Food Bank Coalition of San Luis Obispo County

Food Bank of El Dorado County

Food Bank for Monterey County

Food Bank of Contra Costa and Solano

Food for People, the Food Bank for Humboldt County

FoodLink for Tulare County

Jacobs and Cushman San Diego Food Bank

Los Angeles Regional Food Bank

OC Food Bank

Redwood Empire Food Bank

Resource Connection Food Bank

Sacramento Food Bank & Family Services

Second Harvest Food Bank of Orange County

SF-Marin Food Bank

Shasta Senior Nutrition Food Bank

Westside Food Bank

Yolo Food Bank

Opposition

None on file.

Analysis Prepared by: Jim Collin / AGRI. / (916) 319-2084

Date of Hearing: April 11, 2016

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 2131 (

Author:Maienschein) – As Amended Ver:April 6, 2016

SUBJECT: Specialized license plates

SUMMARY: Requires the California Department of Food and Agriculture (CDFA) to apply to the Department of Motor Vehicles (DMV) to sponsor the “Imagine” specialized license plate program, for the purpose of helping food banks end hunger in California. Establishes the Imagine Account and specifies that revenues from the account will be allocated by CDFA to a non-profit organization for the purpose of funding local food banks. Requires the design of the specialized license plate include 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 specialty 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 provide support and revenue to California’s emergency food safety net without taking resource from the General Fund. According to the California Association of Food Banks, the sponsor of this bill, more than 5 million Californians, including 1 in 4 children, face food insecurity every day and many of these individuals rely on the services of food banks for access to nutrition. The author argues that the revenue generated from this specialized license plate program will be instrumental in funding California food banks to reach the goal of ending hunger in California. This bill would dedicate the revenues from this specialized license plate program to qualifying local food banks through a program administered by CDFA in conjunction with a non-profit organization.

This bill specifies the design of the Imagine plate to include the likeness of John Lennon, a founding member of The Beatles, characterized by the bill’s proponents as the most commercially successful band in the history of popular music. Florida enacted a well-received specialty license plate bearing the same theme in 2004.

Double referral: This bill will be referred to the Assembly Agriculture Committee should it pass out of this committee.

Related legislation: Currently there are five other bills in the legislative process that would direct a state agency to sponsor a specialized license plate for a specific cause. Three bills, 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 passed out of this Committee with no ‘No’ votes and are currently in the Senate Appropriations Committee. AB 1884 (Harper) to raise money for mental health awareness was passed by this Committee on March 14 and is currently in the Assembly Appropriations Committee. AB 2303 (Holden) would raise money for the Active Transportation Program and is scheduled to be heard by this committee on April 11, 2016.

AB 2253 (Grove) would require DMV to design and issue a special interest license plate in consultation with In God We Trust – America, Inc. AB 2253 is scheduled to be heard by this committee on April 11, 2016.

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]. None have yet gathered the necessary number of applications to enter production.

REGISTERED SUPPORT / OPPOSITION:

Support

Alameda County Community Food Bank

California Association of Food Banks

California Food Policy Advocates

Community Action Agency of Butte County, Inc.

Community Food Bank

Feeding America San Diego

FIND Food Bank

Food Bank Coalition of San Luis Obispo County

Food Bank of El Dorado County

Food Bank for Monterey County

Food Bank of Contra Costa and Solano

Food for People, the Food Bank for Humboldt County

FoodLink for Tulare County

Jacobs and Cushman San Diego Food Bank

Los Angeles Regional Food Bank

OC Food Bank

Redwood Empire Food Bank

Resource Connection Food Bank

Sacramento Food Bank & Family Services

Second Harvest Food Bank of Orange County

SF-Marin Food Bank

Shasta Senior Nutrition Food Bank

Westside Food Bank

Yolo Food Bank

Opposition

None on file

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