BILL ANALYSIS Ó
AB 1096
Page 1
ASSEMBLY THIRD READING
AB 1096 (Nestande)
As Amended May 2, 2013
Majority vote
TRANSPORTATION 14-0 APPROPRIATIONS 17-0
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|Ayes:|Linder, Achadjian, |Ayes:|Gatto, Harkey, Bigelow, |
| |Ammiano, Blumenfield, | |Bocanegra, Bradford, Ian |
| |Bonta, Buchanan, Daly, | |Calderon, Campos, |
| |Frazier, Gatto, Holden, | |Donnelly, Eggman, Gomez, |
| |Morrell, Nazarian, | |Hall, Ammiano, Linder, |
| |Patterson, Quirk-Silva | |Pan, Quirk, Wagner, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes the California Department of Fish and
Wildlife (DFW) to apply to the California Department of Motor
Vehicles (DMV) to sponsor a Salton Sea special interest license
plate along with the requirement that the license plate have
graphics covering the full plate. Specifically, this bill :
1)Authorizes DFW to apply to DMV to sponsor a Salton Sea special
interest license plate.
2)Requires DMV to issue the license plates provided that the
existing requirements of the special interest license plate
program are met, with an exception for a full-plate graphic
design.
3)Requires the Salton Sea license plates to bear a full-plate
graphic design that DMV determines, in consultation with the
Department of the California Highway Patrol (CHP), does not
obscure the readability of the license plate and depicts an
image designated by the DFW.
4)Requires the revenue generated from the additional fees for
the special interest license plates be deposited, after DMV
deducts its administrative costs, in the Salton Sea
Restoration Account.
FISCAL EFFECT : According to the Assembly Appropriations
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Committee:
1)Potential one-time special fund costs of approximately
$400,000 to DMV to establish the Salton Sea license plate
program, including computer programming changes and updating
of forms. Pursuant to current law, DMV will make computer
programming and form changes only after program applications
meet the 7,500-application threshold. DMV will incur minor
ongoing costs to continue issuing specialty license plates and
renewals under the program. All of DMV's initial and ongoing
costs will be covered by a portion of the additional $50 fee
paid for specialized license plates.
2)Minor costs to DFW 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. DFW's costs will eventually
be recovered assuming sufficient participation in the program.
3)Potential ongoing additional revenue for restoration of the
Salton Sea.
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 the 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
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of different types of plates, which can be troublesome from a
law enforcement perspective.
Over the years, the Salton Sea has been the subject of debate
and subsequent enactment of state legislation. In 2010, state
law established the Salton Sea Restoration Council as a state
agency in the Natural Resources Agency to oversee the
restoration of the Salton Sea. For the purpose of developing a
restoration plan, the council is required to evaluate the Salton
Sea restoration proposals and, by June 30, 2013, report to the
Governor and the Legislature with a recommended Salton Sea
restoration plan. Separately, state law requires DFW and the
California Department of Water Resources to implement activities
relating to the restoration of the Salton Sea.
The author contends that the Salton Sea is beginning to dry up.
The transfer of Colorado River water from Imperial Valley to San
Diego County will reduce the amount of agriculture runoff that
currently flows into the Salton Sea. As a result, air quality
and wildlife habitat have been severely impaired and, because
the remaining waters have increased salinity, most aquatic life
is being killed. He indicates that the state has a current
obligation to restore the Salton Sea. The restoration plan that
has been recommended by the California Resources Agency is
approximately $8.9 billion. Despite this obligation, action has
not been taken and the Salton Sea and the surrounding community
are suffering. He further indicates that the revenue derived
from the Salton Sea special interest license plate program
"might be minimal when compared to the total cost of the
restoration project. However, any and all funding will be an
asset to the Salton Sea's restoration."
Assembly Transportation Committee concern : Although this bill
purports to comply with the administrative processes for the
adoption of special interest license plates as administered by
DMV, this bill would establish a parallel AB 84 process that
includes a specific exception to the prohibition of full-plate
graphic design license plates, thereby essentially circumventing
the existing statutory process.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
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FN: 0000851