BILL NUMBER: AB 1908	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 11, 2010

INTRODUCED BY   Assembly Members Cook and Carter

                        FEBRUARY 16, 2010

   An act to amend Sections  5156 and 5157  
5068 a   nd 5069  of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1908, as amended, Cook. Vehicles: specialized license plates:
 Armed Forces.   Veterans   ' 
 organization. 
   Under existing law, the Department of Motor Vehicles (DMV) issues
environmental and other specialized license plates . The
issuance of some of those license plates is subject to additional
fees. Existing law prohibits the DMV from establishing a specialized
license plate program for a state agency until the DMV has received
not less than 7,500 applications for the plates, except the
Department of Veterans Affairs is authorized to sponsor a Gold Star
Family specialized license plate program in the absence of 7,500
applications if specified conditions are met.   ,
including veterans' organization license plates. Those license plates
are required to have a distinctive design or decal. The issuance of
those license plates is subject to additional fees, the revenue from
which, less the DMV's costs, is   required to be deposited
in the Veterans Service Office Fund, except that   1/2 
 of a specified additional fee is required to be deposited in
the California Environmental License Plate Fund. 
   Existing law requires money  in  the Veterans Service
Office Fund to be available, upon appropriation by the Legislature,
to the Department of Veterans Affairs for allocation and disbursement
to counties for the operation of county veterans service offices.
   This bill would authorize the Department of Veterans Affairs to
 sponsor a specialized license plate program to support past
and present members of the Armed Forces of the United States, and
would waive the 7,500 minimum application requirement. The bill would
authorize the Department of Veterans Affairs to actively request and
receive donations for the Armed Forces Account which the bill would
create in the Specialized License Plate Fund. The bill would require
money in the account to be available, upon appropriation by the
Legislature, for the necessary administrative costs of establishing
the specialized license plate program to support past and present
members of the Armed Forces of the United States.  
modify the distinctive design or decal for those veterans'
organization license plates. The bill would authorize those newly
designed plates or decals to be issued only after all existing plates
or decals have been issued. The bill also would delete the
requirement that     1/2   of the
specified additional fee be deposited in the California Environmental
License Plate Fund, and, instead, would require all revenue from
those additional fees, less the DMV's costs, to be deposited in the
Veterans Service Office Fund.  
   The bill would require the DMV to deposit the additional revenue
from the specialized license plate program to support past and
present members of the Armed Forces of the United States in the
Veterans Service Office Fund, after deducting the DMV's
administrative costs.  
   The bill would require the DMV, by July 1, 2011, to maintain on
its Internet Web site, a link to order online the veterans'
organization license plates. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5068 of the   Vehicle
Code   is amended to read: 
   5068.  (a) (1)  Any   (A)   
 A  veterans' organization may apply either individually or
with other veterans' organizations to meet the application threshold
set forth in Section 5060 for special interest plates. An
organization that meets the minimum application requirement by
applying with other organizations under this subdivision shall be
issued a regular license plate bearing a distinctive design or decal
approved under subdivision (a) of Section 5060. 
   (B) The Department of Veterans Affairs may modify the distinctive
design or decal described in subparagraph (A), consistent with the
design criteria imposed by Section 5060. Special interest plates
issued under this section and bearing the modified design or decal
shall be issued only after all existing plates or decals have been
issued. 
   (2) Special interest plates issued under this section may be
issued in a combination of numbers or letters, or both, requested by
the owner or lessee of the vehicle, to be displayed in addition to
the design or decal authorized under paragraph (1), subject to
Section 5105.
   (b) 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 veterans'
organization special interest license plate or decal:
   (1) Thirty dollars ($30) for the initial issuance of the plates
and decals. The plates shall be permanent and  may 
 shall  not be required to be replaced.
   (2) Thirty dollars ($30) for each renewal of registration that
includes the continued display of the plates or decals.
   (3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
   (4) Thirty-five dollars ($35) for replacement plates, if they
become damaged or unserviceable.
   (5) Ten dollars ($10) for replacement decals, if they become
damaged or unserviceable.
   (6) Forty dollars ($40) for the personalization of the plates, as
authorized under paragraph (2) of subdivision (a). 
   (c) This section shall become operative on July 1, 2002. 

   (c) By July 1, 2011, the department shall maintain on its Internet
Web site, a link to order online the special interest plates issued
pursuant to this section. 
   SEC. 2.    Section 5069 of the   Vehicle
Code   is amended to read: 
   5069.   (a)     Except
as specified in subdivision (b), revenue   Revenue 
derived from the additional special fees provided in Section 5068,
less costs incurred by the department pursuant to this article, shall
be deposited in the Veterans Service Office Fund, created by Section
972.2 of the Military and Veterans Code. 
   (b) The revenue derived from the additional special fee provided
in paragraph (5) of subdivision (b) of Section 5068, less costs
incurred by the department pursuant to this article, shall be
deposited as follows:  
   (1) One-half in the Veterans Service Office Fund. 

   (2) One-half in the California Environmental License Plate Fund.
 
  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 subdivisions (d) and (e), 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 agency's 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 department's 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 agency's 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 agency's 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, 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 agency's 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 subdivisions
(d) and (e), 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) The Department of Veterans Affairs may sponsor a specialized
license plate program to support past and present members of the
Armed Forces of the United States, and the department may establish
this specialized license plate program in the absence of 7,500 paid
applications as provided in subdivision (e) of Section 5157.
 
  SEC. 2.    Section 5157 of the Vehicle Code is
amended to read:
   5157.  (a) In addition to the regular fees for an original
registration or renewal of registration, the following additional
fees shall be paid for the issuance, renewal, or transfer of the
specialized license plates:
   (1) For the original issuance of the plates, fifty dollars ($50).
   (2) For a renewal of registration with the plates, forty dollars
($40).
   (3) For transfer of the plates to another vehicle, fifteen dollars
($15).
   (4) For each substitute replacement plate, thirty-five dollars
($35).
   (5) In addition, for the issuance of environmental license plates,
as defined in Section 5103, with a specialized license plate design,
the additional fees prescribed in Sections 5106 and 5108. The
additional fees prescribed in Sections 5106 and 5108 shall be
deposited in the California Environmental License Plate Fund.
   (b) The Gold Star Family specialized license plate program as
provided in subdivision (d) of Section 5156 shall not be subject to
the fees specified in paragraphs (1), (2), and (5) of subdivision (a)
and shall only be issued in a sequential series.
   (c) (1) Except as provided in paragraph (5) of subdivision (a) and
paragraph (2), and after deducting its administrative costs under
this section, the department shall deposit the additional revenue
derived from the issuance, renewal, transfer, and substitution of the
specialized license plates in the Specialized License Plate Fund,
which is hereby established in the State Treasury. Upon appropriation
by the Legislature, the moneys in that fund shall be allocated to
each sponsoring agency, in proportion to the amount in the fund that
is attributable to the agency's specialized license plate program.
Except as authorized under Section 5159, the sponsoring agency shall
expend all funds received under this section exclusively for projects
and programs that promote the state agency's official policy,
mission, or work.
   (2) After deducting its administrative costs under this section,
the department shall deposit the additional revenue derived from the
issuance, renewal, transfer, and substitution of specialized license
plates from the specialized license plate program to support past and
present members of the Armed Forces of the United States,
established pursuant to subdivision (e) of Section 5156, in the
Veterans Service Office Fund established pursuant to Section 972.2 of
the Military and Veterans Code.
   (d) (1) The Department of Veterans Affairs may actively request
and receive donations for the Gold Star Family License Plate Account
which is hereby created in the Specialized License Plate Fund and
which may consist of donations from public and private entities.
Earnings generated by the Gold Star Family License Plate Account
shall be retained by the account.
   (2) Upon the determination of the department that there are
sufficient funds in the Gold Star Family License Plate Account for
this purpose, moneys in the Gold Star Family License Plate Account
shall be available, upon appropriation by the Legislature, to the
department for the necessary administrative costs of establishing the
Gold Star Family specialized license plate program.
   (e) (1) The Department of Veterans Affairs may actively request
and receive donations for the Armed Forces Account which is hereby
created in the Specialized License Plate Fund and which may consist
of donations from public and private entities. Earnings generated on
the Armed Forces Account shall be retained by the account.
   (2) Upon the determination of the department that there are
sufficient funds in the Armed Forces Account for this purpose, moneys
in the Armed Forces Account shall be available, upon appropriation
by the Legislature, to the department for the necessary
administrative costs of establishing the specialized license plate
program to support past and present members of the Armed Forces of
the United States.