BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 63 Hearing Date: 7/7/2015
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|Author: |Bonilla |
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|Version: |5/28/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Randy Chinn |
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SUBJECT: School safety programs: funding
DIGEST: This bill seeks to establish a specialty license plate
program for school violence prevention.
ANALYSIS:
Existing law provides for a specialized license plate program,
under which the Department of Motor Vehicles (DMV) may issue new
special-interest license plates. Special-interest license
plates may only be issued on behalf of state agencies and only
provided that:
1)The license plate has "a design or contains a message that
publicizes or promotes a state agency, or the official policy,
mission, or work of a state agency." The design shall also be
confined to the left of and below the numerical series (i.e.,
no full-plate designs allowed).
2)The state agency submits 7,500 applications and accompanying
fees to DMV for the license plate. The state agency has 12
months to collect these applications and fees, but it can
extend that to a maximum of 24 months if it notifies and
offers to refund fees to those who applied during the first 12
months. Once a plate is issued, DMV stops issuing that plate
for the agency if the number of plates drops below 7,500.
In addition to the usual registration and license fees, DMV
charges the following additional fees for specialized license
AB 63 (Bonilla) Page 2 of ?
plates: $50 for the initial issuance, $40 for annual renewal,
and $98 to personalize. DMV deducts its administrative costs
from the revenues generated. The net revenues derived from a
specialized license plate are then available upon appropriation
for the sponsoring state agency to expend exclusively on
projects and programs that promote the state agency's official
policy, mission, or work.
This bill requires the State Department of Education to apply to
the DMV to create a school violence prevention specialty license
plate program. Net proceeds from this program shall fund school
violence prevention programs.
COMMENTS:
Purpose. According to the author, "Prior to 2010, the state
provided funding for two categorical programs - the School
Safety and Violence Prevention Act (school safety block grant)
and the School Safety Consolidated Competitive Grant - to
implement programs to improve school safety and reduce violence.
Previously these programs were funded through categorical
grants, but with the enactment of the local control funding
formula, these categorical grants were integrated into school
districts' base grants and are no longer in existence. AB 63
attempts to re-establish school safety and violence prevention
programs by creating a new source of direct funding derived from
the sale of a specialized license plate, which will also help
increase awareness of the importance of addressing youth
violence and bullying."
History of special-interest license plates. Historically, the
Vehicle Code required the DMV to issue, upon legislative
authorization, a special-interest license plate bearing a
distinctive design or decal of a sponsoring organization to any
vehicle owner that pays specified fees, provided that the
sponsoring organization met certain conditions. These
conditions included that the sponsor of a special-interest
license plate had to collect 7,500 applications and fees for a
special license plate in order to pay DMV's costs of creating a
new plate, which are approximately $375,000 or 7,500
applications times the $50 fee.
In 2004, a federal court decision, Women's Resource Network v.
Gourley, E.D. Cal 2004, F.Supp.2d, 2004 U.S. Dist., invalidated
the provisions of the Vehicle Code described above. In the
AB 63 (Bonilla) Page 3 of ?
Gourley decision, the court declared California's
special-interest license plate statutes unconstitutional because
they violated the First Amendment right to freedom of speech.
The court specifically objected to the Legislature "picking and
choosing" special license plates that private organizations
propose, in essence promoting the message of some organizations
while denying this right to others. The court did allow the 10
special-interest license plates existing at the time of its
decision to remain in use and available to new applicants, as
they are today.
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.
Newly created plates and the revenue they generate must
publicize or promote a state agency, or the official policy,
mission, or work of a state agency.
A recent decision by the United States Supreme Court may have
upended the Gourley decision. On June 18, 2015, the Court
issued Walker v. Texas Division, Sons of Confederate Veterans,
which appears to be a contrary ruling to Gourley. However, the
committee needs to consult with others before providing a more
definitive opinion.
Challenging track record. The track record of specialty license
plates reaching the 7,500 threshold is poor. Of the 12
legislatively sponsored plates approved this century, only two
have met the threshold.
Committee of second referral. The Rules Committee referred this
bill to the Education Committee and to the Transportation and
Housing Committee. This bill passed the Education Committee on
June 24 by an 8-0 vote.
Related Legislation:
AB 192 (Allen) - establishes a coastal conservancy awareness
specialized license plate. This bill is pending in the Senate
Transportation and Housing Committee.
AB 270 (Nazarian) - establishes a diabetes awareness specialized
AB 63 (Bonilla) Page 4 of ?
license plate. This bill is also being heard today in this
committee.
AB 932 (Daly) - establishes a professional sports specialized
license plate. This bill is also being heard today in this
committee.
AB 1338 (Gomez) - establishes a domestic violence and sexual
assault awareness specialized license plate. This bill is also
being heard today in this committee.
AB 49 (Buchanan, Chapter 351, Statutes of 2014) - requires the
State Department of Health Care Services to apply to the DMV to
sponsor a breast cancer awareness license plate program.
AB 1096 (Nestande, Chapter 353, Statutes of 2014) - requires the
Department of Fish and Wildlife to apply to the DMV to sponsor a
Salton Sea license plate program.
AB 2321 (Gomez, Chapter 358, Statutes of 2014) - requires the
Office of Emergency Services to apply to the DMV for a domestic
violence and sexual assault awareness and specialty license
plate program.
AB 2450 (Logue, Chapter 359, Statutes of 2014) - requires the
state Department of Public Health to apply to the DMV for a
kidney disease awareness specialty license plate program.
AB 244 (Bonilla, Chapter 690, Statutes of 2013) - requires the
Department of Veterans Affairs to apply to the DMV to sponsor a
veterans' specialty license plate program.
Assembly Votes:
Floor: 76-0
Appr: 17-0
Trans: 16-0
Ed: 6-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
July 1, 2015.)
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SUPPORT:
American Federation of State, County and Municipal Employees
California Council of Community Mental Health Agencies
Concord Police Department
Contra Costa County Office of Education
Mental Health America of California
Stand! For Families Free of Violence
Stanislaus County Office of Education
Stanislaus County Sheriff's Department
Superintendent of Public Instruction Tom Torlakson
OPPOSITION:
None received
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