BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 6, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 932  
          (Daly) - As Amended April 8, 2015


          SUBJECT:  Specialized license plates: professional sports.


          SUMMARY:  Requires the State Department of Parks and Recreation  
          (DPR) to apply to the  Department of Motor Vehicles (DMV) to  
          sponsor a specialized license plate program using professional  
          sport team logos, as specified.  Establishes the California  
          State Parks Account (Account) and specifies that revenues from  
          the Account be used by DPR to fund local park and recreation  
          programs.


          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.  








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          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 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  
          84 excludes private organizations from seeking specialized  
          license plates as a forum for private speech, and thus addresses  
          the court's objection.  








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          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.  

          Currently, 25 states and Washington D.C. have implemented  
          specialized license plate programs in some form using  
          professional sport team logos.  Revenues from these programs  
          have been used to fund programs such as, youth development,  
          homelessness, and academic scholarships.  Overall, these  
          programs using professional team logos have been successful in  
          raising revenue for various social programs.  

          The author introduced this bill in order to provide an  
          additional revenue source for state park grants that help fund  
          local park and recreation programs. A report by the Resources  
          for the Future found that while parks have grown in popularity  
          and demand, park spending has remained relatively flat and  
          actually decreased during the past two economic recessions.   
          Thus, the author asserts, "California is home to millions of  
          sports fans.  This bill provides an easy way for drivers to show  
          their support for their favorite sports team while  
          simultaneously helping park and recreational programs."  

          Related legislation:  AB 270 (Nazarian),  requires the State  
          Department of Public Health to apply to the DMV to sponsor a  
          diabetes awareness, education, and research specialized license  
          plate program (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. 









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           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].   



          Double referral:  This bill will be referred to the Assembly  
          Committee on Arts, Entertainment, Sports, Tourism & Internet  
          Media should it pass out of this committee.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file 




          Opposition









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          None on file 




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