BILL ANALYSIS �
AB 244
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CONCURRENCE IN SENATE AMENDMENTS
AB 244 (Bonilla)
As Amended August 12, 2013
Majority vote
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|ASSEMBLY: |78-0 |(May 28, 2013) |SENATE: |38-0 |(September 3, |
| | | | | |2013) |
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Original Committee Reference: TRANS .
SUMMARY : Requires the California Department of Veterans Affairs
(DVA) to sponsor a veterans' special interest license plate and
requires the California Department of Motor Vehicles (DMV) to
issue the veterans' plate if DVA meets the current statutory
requirements. Specifically, this bill :
1)Requires DVA to sponsor a veterans' special interest license
plate and requires DMV to issue the veterans' plate if DVA
meets the current statutory requirements for the special
license plate program.
2)Requires that the design of the veterans' special interest
license plate be identical to the design of the veterans'
plate previously issued before January 1, 2010.
3)Mandates that revenue derived from the additional fees be
deposited, after DMV deducts its administrative costs, in the
California Veterans Service Office (CVSO) Funds.
The Senate amendments :
1)Require that the decals for the veterans' specialized license
plate be identical to those currently provided by law.
2)Specifies fees to be paid by individuals applying for the
veterans' special interest license plate or decal.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)DVA costs of approximately $45,000 for one-half personnel year
of staff time in 2014-15 to collect the initial 7,500
applications and fees for the establishment of the plate
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program (General Fund). These costs could continue into
2015-16 if the requisite applications and fees are not
collected within the first year.
2)DMV implementation costs of approximately $470,000, likely in
2015-16, partially offset by pre-paid application fees of
$375,000, leaving a net cost of approximately $95,000 (Motor
Vehicle Account). These net costs would be reimbursed in the
following fiscal year by registration renewal fees from
holders of the veterans' plates. All ongoing costs thereafter
would be fully offset by fees from renewals and issuance of
new veterans' plates.
3)Unknown revenues, likely in the range of $150,000 to $250,000
annually, for deposit into the Veterans Service Office Fund
(based on 7,500 plates after subtracting DMV administrative
costs). These funds are distributed to county veterans'
service offices.
4)Unknown, likely relatively minor revenue gains, to the extent
that applicants wish to have personalized "environmental"
plates (Environmental License Plate Fund).
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
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
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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 strives to reestablish the veterans' special interest
license plate that was previously issued several years ago.
Further, the bill would direct monies generated from the
additional license plate fees to be deposited in the CVSO Fund.
Veterans groups support this bill that will allow veterans to
again be specifically identified in a special interest license
plate. Further, they support the bill's provisions that could
eventually increase funding to CVSOs that help veterans gain
access to benefits that they have deservedly earned through
their military service.
Writing in support of this bill, the California Mental Health
Directors Association indicates that this 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.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916)
319-2093
FN: 0001781
AB 244
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