BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 192


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          ASSEMBLY THIRD READING


          AB  
          192 (Travis Allen)


          As Amended  May 28, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                   |Noes                |
          |----------------+------+-----------------------+--------------------|
          |Transportation  |16-0  |Frazier, Achadjian,    |                    |
          |                |      |Baker, Bloom, Chu,     |                    |
          |                |      |Daly, Dodd, Eduardo    |                    |
          |                |      |Garcia, Gomez, Kim,    |                    |
          |                |      |Linder, Medina,        |                    |
          |                |      |Melendez, Nazarian,    |                    |
          |                |      |O'Donnell, Santiago    |                    |
          |                |      |                       |                    |
          |----------------+------+-----------------------+--------------------|
          |Appropriations  |17-0  |Gomez, Bigelow, Bonta, |                    |
          |                |      |Calderon, Chang, Daly, |                    |
          |                |      |Eggman, Gallagher,     |                    |
          |                |      |Eduardo Garcia,        |                    |
          |                |      |Gordon, Holden, Jones, |                    |
          |                |      |Quirk, Rendon, Wagner, |                    |
          |                |      |Weber, Wood            |                    |
           -------------------------------------------------------------------- 


          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  








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          (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  
            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.  










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          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:  According to the Assembly Appropriations  
          Committee:


          1)Potential one-time special fund costs of approximately $440,000  
            to DMV to establish the specialized license plate program,  
            including computer programming changes and updating  forms.   
            Pursuant to current law, DMV will make computer programming and  
            form changes only after program applications meet a  
            7,500-application threshold.  Therefore, the DMV will incur  
            these costs only if it receives enough applications to require  
            the SCC to implement the program. The DMV will incur minor  
            ongoing costs to continue issuing specialty license plates and  
            renewals under the program.  All of the DMV's initial and  
            ongoing costs will be covered by a portion of the additional $50  
            fee paid for original specialized license plates and the  
            additional $40 fee to renew such plates.


          2)Minor costs to the SCC to submit the program application and  
            license prototype to DMV, design and print the license plate  
            application, and collect and hold applications and fees until  
            7,500 applications are received. 


          3)Potential ongoing revenue to the SCC, from a portion of the  
            additional fees for new and renewed specialty license plates  
            generated after the funding requirements in 1) above, are  
            satisfied. 


          COMMENTS:  Prior to 2007, any new specialized license plate  








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          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.  


          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.  


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


          Please see the policy committee analysis for full discussion of  
          this bill.










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          Analysis Prepared by:                                               
          Manny Leon / TRANS. / (916) 319-2093  FN: 0000694