Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 192

Introduced by Assembly Member Travis Allen

January 28, 2015

An act to begin delete amend end delete begin insert add end insert Section begin delete 5156 of end delete begin insert 5166 to end insert the Vehicle Code, relating to license plates.

LEGISLATIVE COUNSEL’S DIGEST

AB 192, as amended, Travis Allen. begin delete License plates. end delete begin insert Specialized license plates: coastal conservancy awareness. end insert

Existing law establishes a specialized license plate program and requires the Department of Motor Vehicles begin insert (DMV) end insert to issue specialized license plates begin delete to end delete begin insert on behalf of end insert a sponsoring state agency that meets certain requirements. Existing law requires that the begin delete department end delete begin insert DMV end insert charge specified additional fees for the issuance, renewal, or transfer of specialized license begin delete plates. end delete begin insert plates, and requires the DMV to deposit the fees, less the DMV’s costs, into the Specialized License Plate Fund. Existing law requires that moneys in the fund be allocated, upon appropriation by the Legislature, to each sponsoring agency in proportion to the amount that is attributable to the agency’s specialized license plate program. Existing law authorizes the sponsoring state agency to use these moneys to fund projects and programs that promote the state agency’s official policy, mission, or work. end insert

This bill would begin delete make a technical, nonsubstantive change to this provision. end delete begin insert require the State Coastal Conservancy to apply to the DMV to sponsor a license plate for coastal conservancy awareness, and would require the DMV, in consultation with the State Coastal Conservancy, to design for issuance these special license plates bearing a decal depicting a surfer design, as specified. The bill would require the DMV to deposit the fees for the issuance, renewal, or transfer of these specialized license plates, less the DMV’s costs, into the Coastal Conservancy Awareness Fund, which the bill would establish in the Specialized License Plate Fund, for the deposit of revenue derived from these specialized license plates. The bill would require that these funds be allocated, upon appropriation by the Legislature, to the State Coastal Conservancy to fund specified projects and programs related to coastal conservancy, including providing for the maintenance and operation of coastal access infrastructure. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 5166 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 5166. end insert   

(a) The State Coastal Conservancy shall apply to the
department to sponsor a coastal conservancy awareness license
plate program. The department shall issue specialized license
plates for that program if the State Coastal Conservancy satisfies
the requirements of Section 5156.

(b) The department, in consultation with the State Coastal
Conservancy, shall design the special state coastal conservancy
license plates as described in this section. The special state coastal
conservancy license plates shall bear a decal that the department
determines, in consultation with the Department of the California
Highway Patrol, does not obscure the readability of the license
plate depicting a surfer design, as approved by the State Coastal
Conservancy.

(c) (1) The fees specified in Section 5157 shall be imposed for
the issuance, renewal, or transfer of specialized license plates
authorized by this section. Notwithstanding subdivision (c) of
Section 5157, after deducting its administrative costs, the
department shall deposit the revenue derived from the additional
fees into the Coastal Conservancy Awareness Fund, which is
hereby established in the Specialized License Plate Fund. Upon
appropriation by the Legislature, the moneys in the Coastal
Conservancy Awareness Fund shall be allocated to the State
Coastal Conservancy to fund projects and programs that
accomplish any of the following purposes:

(A) Educating the general public regarding the history of surfing
as a sport and as a recreational activity.

(B) Providing support for lifeguards at high-risk beaches to aid
in the protection of the public who utilize those beaches.

(C) Providing protections of coastal access for everyone.

(D) Providing educational programs, including publication of
articles, and hosting and supporting forums and events to increase
coastal conservancy awareness.

(E) Developing and supporting activities designed to assist in
preserving and protecting the shoreline and the delicate ecosystems
residing within the coastal ecosystem.

(F) Providing for the maintenance and operation of coastal
access infrastructure, including, but not limited to, trails, pathways,
walkways, parking, ramps and stairs, coastal cleanup efforts, and
any other beach access services.

(2) The State Coastal Conservancy may enter into an agreement
with any nonprofit organization, as may be appropriate, to assist
the State Coastal Conservancy in accomplishing any of the projects
or programs described in paragraph (1).

end insert

begin delete

SECTION 1.  

Section 5156 of the Vehicle Code is amended to
read:

5156.  

(a) (1) A state agency may apply to the department to
sponsor a specialized license plate program, and the department
shall issue specialized license plates for that program, if the agency
complies with all of the requirements of this article.

(2) The department shall not issue specialized license plates to
a state agency for a vehicle that is exempt from the payment of
registration fees pursuant to Section 9101 or 9103.

(b) Except as provided in subdivision (d), the department shall
not establish a specialized license plate program for an agency
until the department has received not less than 7,500 applications
for that agency’s specialized license plates. The agency shall collect
and hold applications for the plates. Once the agency has received
at least 7,500 applications, it shall submit the applications, along
with the necessary fees, to the department. The department shall
not issue a specialized license plate until the agency has received
and submitted to the department not less than 7,500 applications
for that particular specialized license plate within the time period
prescribed in this section. Advance payment to the department by
the agency representing the department’s estimated or actual
administrative costs associated with the issuance of a particular
specialized license plate shall not constitute compliance with this
requirement. The agency shall have 12 months, following the date
of approval of the agency’s initial application to sponsor a
specialized license plate program, to receive the required number
of applications. If, after that 12 months, 7,500 applications have
not been received, the agency shall immediately do either of the
following:

(1) Refund to all applicants all fees or deposits that have been
collected.

(2) Contact the department to indicate the agency’s intent to
undertake collection of additional applications and fees or deposits
for an additional period, not to exceed 12 months, in order to obtain
the minimum 7,500 applications. If the agency elects to exercise
the option under this paragraph, it shall contact each applicant who
has submitted an application with the appropriate fees or deposits
to determine if the applicant wishes a refund of fees or deposits
or requests the continuance of the holding of the application and
fees or deposits until that time that the agency has received 7,500
applications. The agency shall refund the fees or deposits to an
applicant so requesting. The agency shall not collect and hold
applications for a period exceeding 24 months following the date
of approval of the agency’s initial application to sponsor a
specialized license plate program.

(c) (1) If the number of outstanding and valid specialized license
plates in a particular program, except as provided in subdivision
(d), provided for in this article is less than 7,500, the department
shall notify the sponsoring agency of that fact and shall inform the
agency that if that number is less than 7,500 one year from the
date of that notification, the department will no longer issue or
replace those specialized license plates.

(2) Those particular specialized license plates that were issued
prior to the discontinuation provided by paragraph (1) may continue
to be used and attached to the vehicle for which they were issued
and may be renewed, retained, or transferred pursuant to this code.

(d) (1) The Department of Veterans Affairs may sponsor a Gold
Star Family specialized license plate program, and the department
may establish this specialized license plate program in the absence
of 7,500 paid applications as provided in subdivision (d) of Section
5157.

(2) The Department of Veterans Affairs shall, upon receiving
proof of eligibility from an applicant, authorize the department to
issue Gold Star Family specialized license plates for a vehicle
owned by an eligible family member of a member of the Armed
Forces of the United States who was killed in the line of duty while
on active duty during wartime service, or during an international
terrorist attack that has been recognized by the United States
Secretary of Defense as an attack against the United States or a
foreign nation friendly to the United States, or during military
operations while serving outside the United States, including
commonwealths, territories, and possessions of the United States,
or as part of a peacekeeping force, which includes personnel
assigned to a force engaged in a peacekeeping operation authorized
by the United Nations Security Council. An eligible family member
is defined as all of the following:

(A) A person who is otherwise eligible under this article to
register a motor vehicle.

(B) A person who shows proof from the United States
Department of Veterans Affairs or the Department of Defense that
the member who was in the Armed Forces of the United States
was killed in the line of duty while on active duty in the military.

(C) A person who bears, and shows proof satisfactory to the
Department of Veterans Affairs of, one of the following
relationships to the member of the Armed Forces killed in the line
of duty while serving on active duty:

(i) Widow.

(ii) Widower.

(iii) Biological parent.

(iv) Adoptive parent.

(v) Stepparent.

(vi) Foster parent in loco parentis.

(vii) Biological child.

(viii) Adoptive child.

(ix) Stepchild.

(x) Sibling.

(xi) Half-sibling.

(xii) Grandparent.

(xiii) Grandchild.

(3) Upon the death of a person issued a Gold Star Family
specialized license plate, the license plate shall be transferred to
the surviving spouse, if he or she requests, or shall be returned to
the department within 60 days after the death of the plateholder
or upon the expiration of the vehicle registration, whichever occurs
first.

(e) (1) The Department of Veterans Affairs shall apply to the
department to sponsor a veterans specialized license plate program,
and the department shall issue license plates for that program if
the Department of Veterans Affairs meets the requirements
prescribed by this section.

(2) The design of the veterans specialized license plate shall be
identical to the design of the veterans special interest license plate
issued pursuant to Section 5068 on or before January 1, 2010, and
the decals for the plate shall be identical to those offered pursuant
to Section 5068.

(3) Notwithstanding Section 5157, in addition to the regular
fees for an original registration, a renewal of registration, or a
transfer of registration, the following fees shall be paid by
individuals applying for a special interest license plate or a decal
issued under this subdivision:

(A) Fifty dollars ($50) for the initial issuance of the plates and
decals. The plates shall be permanent and shall not be required to
be replaced.

(B) Forty dollars ($40) for each renewal of registration that
includes the continued display of the plates or decals.

(C) Fifteen dollars ($15) for transfer of the plates to another
vehicle.

(D) Thirty-five dollars ($35) for replacement plates, if they
become damaged or unserviceable.

(E) Ten dollars ($10) for replacement decals, if they become
damaged or unserviceable.

(F) Seventy-eight dollars ($78) for the personalization of the
plates.

(4) After deducting its administrative costs under this
subdivision, the department shall deposit the revenue derived from
the additional fees provided in paragraph (3) in the Veterans
Service Office Fund created by Section 972.2 of the Military and
Veterans Code.

end delete