BILL ANALYSIS Ó
AB 270
Page 1
ASSEMBLY THIRD READING
AB
270 (Nazarian)
As Amended March 16, 2015
Majority vote
------------------------------------------------------------------------
|Committee |Votes |Ayes |Noes |
|----------------+------+----------------------+-------------------------|
|Transportation |16-0 |O'Donnell, Nazarian, | |
| | |Melendez, Medina, | |
| | |Linder, Kim, Gomez, | |
| | |Eduardo Garcia, Dodd, | |
| | |Daly, Chu, Campos, | |
| | |Bloom, Baker, | |
| | |Achadjian, Frazier | |
| | | | |
|----------------+------+----------------------+-------------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
------------------------------------------------------------------------
AB 270
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SUMMARY: Requires the State Department of Public Health (DPA) to
apply to the State Department of Motor Vehicles (DMV) to sponsor a
diabetes awareness, education, and research specialized license plate
program (program), as specified. Establishes the Diabetes Awareness
Fund (fund) and specifies that revenues from the fund will be used by
DPA to fund programs related to diabetes awareness and prevention, 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 DPH 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 DPH 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 DPH for diabetes awareness and
education, from a portion of the additional fees for new and renewed
specialty license plates generated after the funding requirements in
1) are satisfied.
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,
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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.
Diabetes is a serious medical condition that has impacted people
across the entire United States. According to the Centers for Disease
Control and Prevention (CDC), 28.9 million people over age 20 have
diabetes. Moreover, recent studies cited in a California State
Auditor (CSA) report (2014) found that the number of people diagnosed
with diabetes in California has jumped 50% from 2001 to 2012. While
cases of diabetes have increased, CSA further reported that funding
for diabetes prevention has declined over the past several years and
has resulted in program expenditure cuts.
The author introduced this bill in attempt to establish an additional
funding source for diabetes prevention and raise awareness through
education and outreach efforts. The author notes that this bill "will
establish a diabetes specialized license plate in order to promote
diabetes awareness and allow motorist to show their support for the
prevention of diabetes."
AB 270
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Please see the policy committee analysis for full discussion of this
bill.
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN: 0000582