BILL NUMBER: AB 192 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Travis Allen
JANUARY 28, 2015
An act to amend add Section
5156 of 5166 to the Vehicle Code, relating to
license plates.
LEGISLATIVE COUNSEL'S DIGEST
AB 192, as amended, Travis Allen. License plates.
Specialized license plates: coastal conservancy
awareness.
Existing law establishes a specialized license plate program and
requires the Department of Motor Vehicles (DMV) to issue
specialized license plates to on behalf of
a sponsoring state agency that meets certain requirements.
Existing law requires that the department DMV
charge specified additional fees for the issuance, renewal, or
transfer of specialized license plates.
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.
This bill would make a technical, nonsubstantive change
to this provision. 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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5166 is added to the
Vehicle Code , to read:
5166. (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).
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.