BILL ANALYSIS Ó
AB 244
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Date of Hearing: April 22, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 244 (Bonilla) - As Introduced: February 6, 2013
SUBJECT : License plates: veterans' special interest license
plate
SUMMARY : Establishes procedures for special interest license
plates for veterans of the nation's military armed forces who
can satisfactorily prove that they are a military veteran.
Specifically, this bill :
1)Establishes procedures for the issuance of special interest
license plates to a veterans' organization and requires the
issuance of the plates by the California Department of Motor
Vehicles (DMV) if the veterans' organization meets the minimum
requirements of the special interest license plate program.
Requires the license plate to bear a distinctive design or
decal that is approved under established criteria.
2)Authorizes the license plates to be issued in a combination of
numbers or letters, or both, as requested by the applicant, in
addition to the design or decal.
3)Prohibits an applicant from being issued the special interest
license plates unless the applicant can satisfactorily prove
veteran status.
4)Authorizes a veteran already issued a veterans' special
interest license plate on or before January 1, 2012, to be
issued a new special interest license plate for veterans only
without providing proof of veteran status.
5)Establishes special fees as specified for applying for the
special interest license plates.
6)Requires that the revenues from the additional fees, less the
administrative costs of DMV, be deposited in the county
Veterans Service Office (CVSO) Fund.
EXISTING LAW :
1)Authorizes a state agency to apply to DMV to sponsor a special
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interest license plate program and requires DMV to issue the
special interest license plates for the program if the state
agency complies with specified requirements.
2)Establishes DMV to, among other duties and responsibilities,
register vehicles for operation or non-operation in the state.
3)Allows any registered owner of a vehicle to apply to DMV for
veterans' organization license plates for his or her vehicle.
4)Establishes special interest license plate procedures for
veteran organizations and allows a veterans' organization to
apply for a veterans' special interest license plate, the
proceeds of which are deposited into the CVSO Fund, less the
DMV costs. Applicants for the special interest license plates
pay fees for issuance, renewal, or personalization that is
additional to those required for nonspecialized license
plates.
5)Requires money in the CVSO Fund to be available, upon
appropriation by the Legislature, to the California Department
of Veterans Affairs (DVA) for allocation and disbursement to
counties for the operation of CVSOs.
6)Allows DVA to modify the distinctive design or decal for
veterans' organization special interest license plates,
consistent with existing statutory design criteria.
FISCAL EFFECT : Unknown
COMMENTS : Prior to 2007, any new special interest 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 special
interest license plate program to provide a forum for government
speech that promotes California's state policies. AB 84
excludes private organizations from seeking special interest
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
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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 special interest 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.
The author contends that prior to 2010, DMV only offered a
"veterans" special interest license plate which could be
purchased by persons who serve or previously served in our
nation's armed forces. In actuality, the plates were not
exclusive for "veterans-only" as the purchasers of the plates at
that time were not limited solely to veterans. In 2010, in
order to garner more widespread appeal and license plate
acquisition, legislation was enacted that established an
"honoring veterans" license plate, replacing the "veterans-only"
plate. Subsequently, since this change, veterans and veterans
groups have been asking for the return of the "veterans-only"
plate so they can be specifically identified as veterans who
have served their country. This is especially significant for
veterans returning from current wars.
This bill would establish separate administrative procedures for
the issuance of special interest license plates sponsored by
veterans' organizations that would be restricted for purchase by
veterans only. In order to be issued a special interest license
plate, an applicant would be required to provide satisfactory
proof of military status. This bill has been introduced at the
request of veterans so that they, again, can be specifically
identified in a special interest license plate. The bill is
also designed to increase funding to CVSOs to help ensure that
veterans have access to their benefits that they have deservedly
earned through their military service. This bill will be in
addition to the existing special interest "honoring veterans"
license plate.
CVSOs provide a valuable resource for California's large
population of veterans. Currently, there are CVSOs in 54 of
California's 58 counties that employ over 250 local government
employees. Because CVSOs are located in communities statewide,
they are often the initial point of local contact for claimants
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(veterans and their families) accessing the veterans' benefit
system.
Writing is support of this bill, the California Mental Health
Directors Association indicates that the bill will generate
additional resources to support the valuable local services that
CVSOs provide to veterans and their families in terms of free
claims assistance, referrals to programs for which veterans may
be eligible, and partnering with county mental health
departments for veterans assistance with mental health and
substance abuse disorders.
Author's amendments : This bill is problematic in that it would
insert the Legislature back into the process of approving new
special interest license plates and the establishment of a
separate and parallel procedure to the existing special interest
license plate program. However, the author intends to address
this issue by taking an amendment in committee that avoids the
establishment of separate procedures and, instead, requires DVA
to apply to DMV for the special interest license plate pursuant
to the existing special interest license plates statutory
procedures.
Additionally, the amendments will re-establish the license plate
design that was issued for "veterans-only" prior to 2010.
Although the intent of the author is to re-establish the license
plates for veterans only, the amendments no longer require that
an applicant show proof of veteran status. The author may wish
to address this omission.
Previous veterans' plates legislation : AB 1550 (Bonilla),
Chapter 398, Statutes of 2012, increased the fees required to
issue, renew, and personalize veterans' license plates.
AB 1908 (Cook), Chapter 166, Statutes of 2010, authorized DVA to
modify the distinctive designs of veterans' plates (created the
"honoring veterans" special interest license plate) and the
associated decals but prohibits DMV from issuing the new plates
or decals until it has issued all existing inventories of plates
and decals.
SB 419 (Senate Veterans' Affairs Committee), Chapter 183,
Statutes of 2009, declared that California's 50% share for
administering the CVSOs is approximately $11,000,000.
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AB 3033 (Conroy), Chapter 1275, Statutes of 1992, established
the special interest license plate program for veterans.
Related legislation : AB 49 (Buchanan) would require the
California Department of Health Care Services to apply to DMV to
sponsor a breast cancer awareness, full-plate graphic license
plate. That bill was approved by this committee on April 15,
2013 (16-0 vote).
AB 482 (Atkins) would require the California Cultural and
Historical Endowment to apply to DMV for the purpose of creating
a special interest license plate program using the cartoon
character Snoopy. That bill was approved by the Assembly Arts,
Entertainment, Sports, Tourism & Internet Committee on April 9,
2013 (4-2 vote).
AB 853 (Brown and Linder) would authorize CHP to apply to DMV to
sponsor a program for a series of motorsports and
auto-enthusiast themed license plates. That bill is now a
two-year bill at the request of the author.
AB 1096 (Nestande) would require DMV, in consultation with the
Salton Sea Joint Powers Authority, to design and make available
for issuance special Salton Sea environmental interest license
plates bearing a full-plate graphic design. That bill is
scheduled to be heard by this committee next week.
SB 789 (Price) would authorize the California Arts Council to
use funds generated by special interest license plate
applications for administrative purposes that is currently
prohibited. That bill is set for hearing in the Senate
Transportation and Housing Committee on April 23, 2013.
AB 610 (Solorio) Chapter 9, Statutes of 2012, allows the
Veterinary Medical Board an additional 12 months to accumulate
the required 7,500 applications for the establishment of a Pet
Lover's special interest license plate.
AB 1242 (Achadjian) of 2012, would have authorized the
Foundation for California Community Colleges to apply to DMV to
sponsor special interest license plates for the National
Association for stock car Auto Racing (NASCAR). That bill was
not heard by this committee at the request of the author.
AB 1539 (Hayashi) of 2012, would have authorized an
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anti-bullying special interest license plate program in support
of persons who are members of the lesbian, gay, bisexual, and
transgender community. That bill was not heard by this
committee at the request of the author.
SB 1018 (Senate Budget and Fiscal Review Committee), Chapter 39,
Statutes of 2012, among other provisions of the budget trailer
bill, authorizes DMV, in consultation with the California
Department of Parks and Recreation, to design and make available
for issuance special interest state parks environmental license
plates bearing a full-plate graphic design. That bill was not
heard in this committee.
AB 1815 (Emmerson) of 2010, would have authorized the Bureau of
Automotive Repair to apply to DMV to sponsor a program for a
series of special interest NASCAR license plates. That bill was
approved by this committee on April 19, 2010 (10-1 vote) but was
held in the Senate Transportation and Housing Committee.
Double referral : This bill is also referred to the Assembly
Committee on Veterans' Affairs.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion (co-sponsor)
AMVETS (co-sponsor)
California Association of County Veterans Service Officers
(co-sponsor)
California Mental Health Directors Association
California State Commanders Veterans Council (co-sponsor)
Rural County Representatives of California
Veterans of Foreign Wars (co-sponsor)
Vietnam Veterans of America (co-sponsor)
Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
AB 244
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