BILL ANALYSIS Ó
AB 192
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ASSEMBLY THIRD READING
AB
192 (Travis Allen)
As Amended May 28, 2015
Majority vote
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|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 | |
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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