BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 192 Hearing Date: 7/14/2015
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|Author: |Travis Allen |
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|Version: |7/8/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Randy Chinn |
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SUBJECT: Specialized license plates: coastal conservancy
awareness
DIGEST: This bill 1) establishes a Coastal Conservancy
awareness license plate program and 2) authorizes the
expenditure of funds raised from the existing Pet Lover's
specialty license plate program.
ANALYSIS:
Existing law provides for a specialized license plate program,
under which the Department of Motor Vehicles (DMV) may issue new
special-interest license plates. Special-interest license
plates may only be issued on behalf of state agencies and only
provided that for each state agency:
1) The license plate has "a design or contains a message that
publicizes or promotes a state agency, or the official
policy, mission, or work of a state agency." The design
shall also be confined to the left of and below the
numerical series (i.e., no full-plate designs allowed).
2) The state agency submits 7,500 applications and
accompanying fees to DMV for the license plate. The state
agency has 12 months to collect these applications and fees,
but it can extend that to a maximum of 24 months if it
notifies and offers to refund fees to those who applied
during the first 12 months. Once a plate is issued, DMV
stops issuing that plate for the agency if the number of
plates drops below 7,500.
AB 192 (Travis Allen) Page 2 of ?
In addition to the usual registration and license fees, DMV
charges the following additional fees for specialized license
plates: $50 for the initial issuance; $40 for annual renewal;
and $98 to personalize. DMV deducts its administrative costs
from the revenues generated. The net revenues derived from a
specialized license plate are then available upon appropriation
for the sponsoring state agency to expend exclusively on
projects and programs that promote the state agency's official
policy, mission, or work.
This bill requires the State Coastal Conservancy to apply to the
DMV to sponsor a coastal conservancy awareness license plate
program.
The net proceeds of the program shall be allocated to the State
Coastal Conservancy to accomplish any of the following:
1) Educating the public on the history of surfing.
2) Providing support for lifeguards at high-risk beaches.
3) Providing for operation and maintenance of access ways,
educational opportunities, and increasing attendance at
beaches.
4) Hosting and supporting forums and events to increase
coastal conservancy awareness.
5) Developing and supporting activities designed to assist in
preserving and protecting the shoreline.
6) Providing for the maintenance and operation of coastal
access infrastructure.
7) Providing for the protection, habitat, care,
rehabilitation, and reintroduction of California sea lions.
Under existing law, the Veterinary Medical Board has sponsored a
specialty license plate for pet lovers, which has received more
than 7,500 applications and is now in production.
This bill authorizes the revenue received from that plate to be
used to cover the DMV's costs and, upon appropriation, by the
Veterinary Medical Board for disbursal though a non-profit
organization to qualifying spay and neuter facilities.
COMMENTS:
1) Purpose. According to the author, this bill seeks to
expand the opportunity for the Coastal Conservancy to
AB 192 (Travis Allen) Page 3 of ?
execute their duties as well as provide coastal access,
education, seal lion habitat and rehabilitation, and
operation and maintenance of infrastructure.
2) History of special interest license plates. Historically,
the Vehicle Code required the DMV to issue, upon legislative
authorization, a special-interest license plate bearing a
distinctive design or decal of a sponsoring organization to
any vehicle owner that pays specified fees, provided that
the sponsoring organization met certain conditions. These
conditions included that the sponsor of a special-interest
license plate had to collect 7,500 applications and fees for
a special license plate in order to pay DMV's costs of
creating a new plate, which are approximately $375,000, or
7,500 applications times the $50 fee.
In 2004, a federal court decision, Women's Resource Network
v. Gourley, E.D. Cal 2004, F.Supp.2d, 2004 U.S. Dist.,
invalidated the provisions of the Vehicle Code described
above. In the Gourley decision, the court declared
California's special-interest license plate statutes
unconstitutional because they violated the First Amendment
right to freedom of speech. The court specifically objected
to the Legislature "picking and choosing" special license
plates that private organizations propose, in essence
promoting the message of some organizations while denying
this right to others. The court did allow the 10
special-interest license plates existing at the time of its
decision to remain in use and available to new applicants,
as they are today.
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. Newly created plates and
the revenue they generate must publicize or promote a state
agency, or the official policy, mission, or work of a state
agency.
A recent decision by the United States Supreme Court may
have upended the Gourley decision. On June 18, 2015, the
Court issued Walker v. Texas Division, Sons of Confederate
AB 192 (Travis Allen) Page 4 of ?
Veterans, which appears to be a contrary ruling to Gourley.
However, the committee needs to consult with others before
providing a more definitive opinion.
3) Rough seas forecast. The track record of specialty
license plates reaching the 7,500 threshold is poor. Of the
12 legislatively sponsored plates approved this century,
only two have met the threshold.
4) Similar plate exists. The DMV currently offers a Coastal
Commission license plate to support some of the general
activities described in this bill: coastal public education
programs, maintaining public beaches and coastal restoration
and enhancement.
5) Loving pets. The Veterinary Medical Board (Board)
sponsored a specialty plate administratively with the
purpose of funding low- and no-cost animal sterilization
services. That plate received more than 7,500 applications
and is now in production. The Board, as the sponsoring
agency for the Pet Lover's License Plate Program, must
retain the oversight for granting funds collected through
the specialized plate program to qualified providers.
However, the Board does not have sufficient staff to
administer the program and is seeking assistance from a
non-profit organization to provide general administrative
support, such as providing recommendations for grant
criteria, accepting and reviewing grant applications, and
making recommendations to the Board regarding eligible
providers of low-cost spay and neuter services. Under this
bill, the Board would retain its authority and
responsibility to make decisions regarding awarding grants,
and would oversee the distribution of the funds, but may
contract with a qualified non-profit for general
administrative support.
6) Technical amendment. The Coastal Conservancy has
suggested a technical amendment to clarify that the purposes
for which funds will be used are consistent with their
mission. That language is as follows:
Page 3, line 2: Replace "following purposes" with
"purposes of Division 21 (commencing with Section 31000)
of the Public Resources Code, prioritizing, but not
limited to, all of the following:"
AB 192 (Travis Allen) Page 5 of ?
Related Legislation:
AB 63 (Bonilla, 2015) - establishes a school violence prevention
specialized license plate program. This bill is pending in the
Senate Appropriations Committee.
AB 270 (Nazarian, 2015) - establishes a diabetes awareness
specialized license plate. This bill is pending in the Senate
Appropriations Committee.
AB 932 (Daly, 2015) - establishes a professional sports
specialized license plate. This bill is pending in the Senate
Appropriations Committee.
AB 1338 (Gomez, 2015) - establishes a domestic violence and
sexual assault awareness specialized license plate. This bill
is pending in the Senate Appropriations Committee.
AB 49 (Buchanan, Chapter 351, Statutes of 2014) - requires the
State Department of Health Care Services to apply to the DMV to
sponsor a breast cancer awareness license plate program.
AB 1096 (Nestande, Chapter 353, Statutes of 2014) - requires the
Department of Fish and Wildlife to apply to the DMV to sponsor a
Salton Sea license plate program.
AB 2321 (Gomez, Chapter 358, Statutes of 2014) - requires the
Office of Emergency Services to apply to the DMV for a domestic
violence and sexual assault awareness and specialty license
plate program.
AB 2450 (Logue, Chapter 359, Statutes of 2014) - requires the
State Department of Public Health to apply to the DMV for a
kidney disease awareness specialty license plate program.
AB 244 (Bonilla, Chapter 690, Statutes of 2013) - requires the
Department of Veterans Affairs to apply to the DMV to sponsor a
veterans specialty license plate program.
Assembly Votes:
Floor: 71-4
Appr: 17-0
Trans: 16-0
AB 192 (Travis Allen) Page 6 of ?
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
July 8, 2014.)
SUPPORT:
None received
OPPOSITION:
None received
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