BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 192


                                                                    Page  1





          Date of Hearing:  April 27, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 192  
          (Travis Allen) - As Amended April 20, 2015


          SUBJECT:  License plates


          SUMMARY:  Requires the State Coastal Conservancy (SCC) to apply  
          to the Department of Motor Vehicles (DMV) to sponsor a coastal  
          conservancy specialized license plate program (program), as  
          specified.  Establishes the Coastal Conservancy Awareness Fund  
          (Fund) and specifies that revenues from the Fund will be used by  
          SCC to fund programs related to coastal protection and public  
          awareness, as specified. 


          EXISTING LAW:





          1)Allows any state agency to apply to DMV to sponsor a  
            specialized license plate program.  

          2)Requires DMV to issue specialized license plates for that  
            program if the agency complies with all statutory  
            requirements.  

          3)Prohibits DMV from establishing a specialized license plate  








                                                                     AB 192


                                                                    Page  2





            program for an agency until it has received not less than  
            7,500 paid applications for that agency's specialized license  
            plates.  

          4)Requires the agency to collect and hold applications for the  
            plates.  Once the agency has received at least 7,500  
            applications, it must submit the applications, along with the  
            necessary fees, to DMV.  

          5)Prohibits advance payment to DMV of its estimated or actual  
            administrative costs associated with the issuance of a  
            particular specialized license plate from constituting  
            compliance with the 7,500 application threshold requirement.  

          6)Requires funds accruing to a sponsoring state agency from the  
            sale of specialized license plates to be expended exclusively  
            for projects and programs that promote that agency's official  
            policy, mission, or work.  

          7)Allows specialized license plates to feature a distinctive  
            design, decal, or distinctive message in a two-inch by  
            three-inch space to the left of the plate's numerical sequence  
            and a space not larger than 5/8-inch in height below the  
            numerical series.  



          FISCAL EFFECT:  Unknown 


          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  








                                                                     AB 192


                                                                    Page  3





          84 excludes private organizations from seeking specialized  
          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 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.  



          According to SCC's 2013 strategic plan the California coast is  
          an environmental, recreational and economic asset to the state.   
          The plan highlights that two out of every three Californians  
          lives in a coastal county and millions of visitors come to our  
          coast each year.  Furthermore, California's coast is also a  
          major economic driver to the state - the National Ocean  
          Economics Program found that in 2000 the total gross state  
          product of California's coast and ocean was approximately $42.9  
          billion and it supported almost 700,000 jobs.  





          The author introduced AB 192 in an attempt to establish a  
          funding source to support coastal protection efforts and raise  
          coastal awareness through education and outreach efforts.  The  
          author notes that this bill will "continue to protect access to  
          California's coasts, educate more people about the history and  








                                                                     AB 192


                                                                    Page  4





          recreational value of our beaches, and promote the protection of  
          the coast for everyone to be able to enjoy it for generations to  
          come."  



          Related legislation:  AB 63 (Bonilla), requires the California  
          Department of Education to apply to the DMV to sponsor a  
          specialized license plate program to generate funds for school  
          violence prevention programs.  This bill passed out of the  
          Assembly Education Committee on March 25, 2015, with a 6-0 vote  
          and subsequently passed out of this Committee on April 13, 2015  
          with a 16-0 vote.





          AB 270 (Nazarian), requires the State Department of Public  
          Health to apply to DMV to sponsor a diabetes awareness,  
          education, and research specialized license plate program, as  
          specified.  AB 270 passed out of this committee on a 16-0 vote  
          and is awaiting a hearing in the Assembly Appropriations  
          Committee. 





          AB 932 (Daly and Thurmond), requires the State Department of  
          Parks and Recreation to apply to DMV to sponsor a specialized  
          license plate program using professional sport team logos.   
          Establishes the California State Parks Account and specifies  
          that revenues from the Account be used by DPR to fund local park  
          and recreation programs. AB 932 passed out of this committee on  
          a 14-0 vote and subsequently passed out of the Arts,  
          Entertainment, Sports, Tourism, and Internet Media Committee on  
          April 21, 2015 with a 7-0.  









                                                                     AB 192


                                                                    Page  5







          Previous legislation:  Over the past 5 years, 13 bills have been  
          introduced directing a state agency to sponsor a specialized  
          license plate for a variety of causes.  Of the 13 bills, eight  
          passed the Legislature and were signed by the Governor.  Most  
          recently, in 2014, four bills were introduced and enacted to  
          raise money for Salton Sea restoration [AB 1096 (Nestande),  
          Chapter 353, Statutes of 2014], kidney disease research [AB 2450  
          (Logue), Chapter 359, Statutes of 2014], breast cancer awareness  
          [AB 49 (Buchanan), Chapter 351, Statutes of 2014], and domestic  
          violence prevention [AB 2321 (Gomez), Chapter 358, Statutes of  
          2014].   



          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file 




          Opposition


          None on file




          Analysis Prepared by:Manny Leon / TRANS. / (916) 319-2093









                                                                     AB 192


                                                                    Page  6