Amended in Assembly April 8, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 49


Introduced by Assembly Member Buchanan

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(Principal coauthor: Assembly Member Perea)

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(Coauthors: Assembly Members Achadjian, Ammiano, Atkins, Blumenfield, Bonilla, Bradford, Brown, Campos, Conway, Cooley, Daly, Eggman, Frazier, Beth Gaines, Hagman, Harkey, Holden, Logue, Maienschein, Mansoor, Melendez, Mitchell, Morrell, Mullin, Nazarian, Olsen, Patterson, Quirk-Silva, Skinner, Torres, Waldron, Weber, and Yamada)

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(Coauthors: Senators Cannella, Corbett, Fuller, Hancock, and Pavley)

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December 21, 2012


An act to add Sectionbegin delete 5162end deletebegin insert 5156.5end insert to the Vehicle Code, relating to license plates.

LEGISLATIVE COUNSEL’S DIGEST

AB 49, as amended, Buchanan. License plates: breast cancer awareness.

Existing law authorizes the Department of Motor Vehicles (DMV) to issue specialty license plates, including environmental license plates and specified special environmental design license plates.begin insert Under existing law, a state agency is authorized to apply to the DMV to sponsor a specialized license plate program, and the DMV is required to issue those license plates if the agency meets certain requirements.end insert Thebegin delete departmentend deletebegin insert DMVend insert is required to charge specified fees for certain services related to the issuance of those plates.

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Existing law establishes the Breast Cancer Control Account in the Breast Cancer Fund, and requires that funds in that account, upon appropriation by the Legislature, be allocated for the provision of early breast cancer detection services for uninsured and underinsured women.

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This bill wouldbegin delete additionally authorize the DMV, in consultation withend deletebegin insert requireend insert the State Department of Health Care Servicesbegin delete, to design and make available for issuance specialend deletebegin insert to apply to sponsor aend insert breast cancer awareness licensebegin delete plates bearingend deletebegin insert plate program, and would require the DMV to issue the license plates if the State Department of Health Care Services meets certain requirements. The bill would require the plates issued under the program to bearend insert a full-plate graphic design depictingbegin delete aend delete the pink breast cancer awareness ribbon on a pink background, as specified,begin delete uponend deletebegin insert and would require theend insert payment of an additional fee by a person applying for the special plate. The bill would require the revenue generated from the license plates, as specified, to be deposited inbegin delete the Breast Cancer Awareness Account, which is created by the bill in the Specialized License Plate Fund, for use by the State Department of Health Services, upon appropriation by the Legislature, for providing free or reduced-cost breast cancer preventative treatments, or funding research for treatments and cures for breast cancerend deletebegin insert the Breast Cancer Control Account in the Breast Cancer Fundend insert.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1end insertbegin insert.end insert  

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begin insertSection 5156.5 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert5156.5.end insert  

(a) The State Department of Health Care Services
4shall apply to the department, pursuant to Section 5156, to sponsor
5a breast cancer awareness license plate program. The department
6shall issue specialized license plates for that program if the State
7Department of Health Care Services complies with the
8requirements of Section 5156.

9(b) Notwithstanding Section 5155, the breast cancer awareness
10license plates shall bear a full-plate graphic that the department
11determines, in consultation with the Department of the California
12Highway Patrol, does not obscure the readability of the license
13plate, and that depicts a pink background and the pink breast
14cancer awareness ribbon, as approved by the State Department
15of Health Care Services. The State Department of Health Care
P3    1Services may accept and use donated artwork from California
2artists for purposes of this requirement.

3(c) Notwithstanding subdivision (c) of Section 5157, the
4additional fees prescribed by Section 5157 for the issuance,
5renewal, or transfer of the specialized license plates shall be
6deposited, after the department deducts its administrative costs,
7in the Breast Cancer Control Account in the Breast Cancer Fund
8established pursuant to Section 30461.6 of the Revenue and
9Taxation Code.

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10

SECTION 1.  

Section 5162 is added to the Vehicle Code, to
11read:

12

5162.  

(a) The department, in consultation with the State
13Department of Health Care Services, shall design and make
14available for issuance pursuant to this article special breast cancer
15awareness design license plates as described in this section.
16Notwithstanding Section 5155, the special breast cancer awareness
17design license plates shall bear a full-plate graphic design that the
18department determines, in consultation with the Department of the
19California Highway Patrol, does not obscure the readability of the
20license plate depicting the pink breast cancer awareness ribbon on
21a pink background, as approved by the State Department of Health
22Care Services. The State Department of Health Care Services may
23accept and use donated artwork from California artists for purposes
24of this requirement. Any person described in Section 5101 may,
25upon payment of the additional fees set forth in subdivision (b),
26apply for and be issued a set of special breast cancer awareness
27design license plates. The special breast cancer awareness design
28license plates may be issued as environmental license plates, as
29defined in Section 5103.

30(b) In addition to the regular fees for an original registration or
31renewal of registration, the following additional fees shall be paid
32for the issuance, renewal, or transfer of the special breast cancer
33awareness design license plates authorized pursuant to this section:

34(1) For the original issuance of the plates, fifty dollars ($50).

35(2) For a renewal of registration with the plates, forty dollars
36($40).

37(3) For transfer of the plates to another vehicle, fifteen dollars
38($15).

39(4) For each substitute replacement plate, thirty-five dollars
40($35).

P4    1(5) In addition, for the issuance of environmental license plates,
2as defined in Section 5103, with a full-plate graphic design
3described in subdivision (a), the additional fees prescribed in
4Sections 5106 and 5108. The additional fees prescribed in Sections
55106 and 5108 shall be deposited in the Environmental License
6Plate Fund.

7(c) Except as provided in paragraph (5) of subdivision (b), and
8after deducting its administrative costs under this section, the
9department shall deposit the additional revenue derived from the
10issuance, renewal, transfer, and substitution of special breast cancer
11awareness design license plates in the Breast Cancer Awareness
12Account, which is hereby created in the Specialized License Plate
13 Fund. Upon appropriation by the Legislature, the moneys in the
14account shall be allocated by the Controller to the State Department
15of Health Care Services for expenditure for the exclusive trust
16purposes of raising awareness about breast cancer, providing free
17or reduced-cost breast cancer preventative treatments, or funding
18research for treatments and cures for breast cancer.

19(d) The State Department of Health Care Services shall collect
20and hold applications for the special breast cancer awareness
21license plates described in this section. The Department of Motor
22Vehicles shall not be required to make the special breast cancer
23awareness license plates available for issuance pursuant to this
24section until the State Department of Health Care Services has
25submitted not less than 7,500 applications for the plates to the
26Department of Motor Vehicles.

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