BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 1323
          Author:   Lieu (D)
          Amended:  8/22/14
          Vote:     27 - Urgency

           
          PRIOR VOTES NOT RELEVANT

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 8/28/14 (Pursuant to  
            Senate Rule 29.10)
          AYES:  De León, Gaines, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters

           ASSEMBLY FLOOR  :  78-0, 8/27/14 - See last page for vote


           SUBJECT  :    Specialized license plates:  Pet Lovers License  
          Plate Program

           SOURCE  :     Author


           DIGEST  :    This bill requires that any revenue in the  
          Specialized License Plate Fund (SLP Fund) generated from a  
          specialized license plate issued under the Pet Lovers License  
          Plate Program is to be appropriated to the Veterinary Medical  
          Board (VMB) as of the operative date of this bill.

           Assembly Amendments  delete the Senate version dealing with  
          property taxation, and instead add the current language.

           ANALYSIS  :    Existing law establishes a specialized license  
          plate program administered by the Department of Motor Vehicles  
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          (DMV).  DMV currently administers 12 specialized license plate  
          programs, including the Pet Lover's specialized license plate  
          program.  AB 610 (Solorio, Chapter 9, Statutes of 2012) provided  
          VMB an additional 12-month period to meet the 7,500 application  
          threshold as required by existing law.  VMB obtained the  
          necessary applications over the additional 12 months and began  
          issuing Pet Lover's specialized license plates in September of  
          2013.  As of May 31, 2014, DMV has issued 8,070 Pet Lover's  
          specialized license plates and generated $94,844.

          This bill requires that any revenue in the SLP Fund generated  
          from a specialized license plate issued under the Pet Lover's  
          License Plate Program is to be appropriated to VMB as of the  
          operative date of this bill.

           Comments
           
          Prior to 2007, any new specialized 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  
          specialized license plate program to provide a forum for  
          government speech that promotes California's state policies.  AB  
          84 excludes private organizations from seeking specialized  
          license plates as a forum for private speech, and thus addresses  
          the court's objection. 

          Specialized license 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.  A state  
          agency must first submit an initial application to DMV  
          requesting sponsorship of a specialized license plate.  The  
          process then provides the sponsoring state agency 12 months to  
          obtain the required 7,500 paid applications and must be received  
          by the sponsoring state agency prior to notifying DMV.  The  
          7,500 application threshold was previously put into statute for  
          specialized 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.   

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          Furthermore, fees collected from the specialized license plate  
          programs are first used to cover DMV program administrative  
          costs with the remaining additional funds being deposited into  
          the SLP Fund and subject to appropriation by the Legislature.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, one-time  
          appropriation of approximately $145,000 from the Pet Lover's  
          Account in the SLP Fund to the VMB.

           SUPPORT  :   (Verified  8/27/14)

          State Humane Association of California
          Veterinary Medical Board


           ASSEMBLY FLOOR  :  78-0, 8/27/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Roger Hernández, Holden,  
            Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.  
            Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Harkey, Vacancy


          AB/JA:k  8/29/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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