Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2131


Introduced by Assembly Member Maienschein

February 17, 2016


An act tobegin delete amendend deletebegin insert addend insert Sectionbegin delete 5156 ofend deletebegin insert 5173 toend insert the Vehicle Code, relating to license plates.

LEGISLATIVE COUNSEL’S DIGEST

AB 2131, as amended, Maienschein. begin deleteLicense plates. end deletebegin insertSpecialized license plates.end insert

Existing law establishes a specialized license plate program and requires the Department of Motor Vehiclesbegin insert (DMV)end insert to issue specialized license platesbegin delete toend deletebegin insert on behalf ofend insert a sponsoring state agency that meets certain requirements. Existing law requires that the department charge specified additional fees for the issuance, renewal, or transfer of specialized licensebegin delete plates.end deletebegin insert plates, and requires the DMV to deposit the fees, less the DMV’s costs, into the Specialized License Plate Fund. Existing law requires that moneys in the fund be allocated, upon appropriation by the Legislature, to each sponsoring agency in proportion to the amount that is attributable to the agency’s specialized license plate program. Existing law requires the sponsoring state agency to use these moneys exclusively to fund projects and programs that promote the state agency’s official policy, mission, or work. Existing law establishes the Food Bank Advisory Committee and requires the committee to advise the Department of Food and Agriculture on the establishment of new food banks and to advise on the adequate and efficient distribution of surplus food commodities to all areas of the state.end insert

This bill wouldbegin delete make technical, nonsubstantive changes to the provision establishing a specialized license plate program.end deletebegin insert require the DMV to deposit fees for the issuance of the Imagine specialized license plates, less the DMV’s costs, into the Imagine No Hunger Fund, which the bill would establish in the Specialized License Plate Fund, for the deposit of revenue derived from these specialized license plates for the purpose of funding the Department of Food and Agriculture’s Imagine program. The bill would require that these funds be allocated to, upon appropriation by the Legislature, the California Association of Food Banks, a private membership organization of 43 food banks from throughout the state, for proportional disbursement to its members to purchase additional food for distribution to food insecure families under the Imagine program. The bill would require the California Association of Food Banks to determine eligibility requirements for food banks receiving the funds under the Imagine program and to develop program specifics. The bill would authorize the California Association of Food Banks to contract with an entity, including a nonprofit organization, to provide advice, consultation, and administrative services for purposes of implementing and administering the Imagine program. The bill would prohibit annual administrative costs of the program incurred by the California Association of Food Banks from exceeding 25% of the funds collected from the issuance of the Imagine specialized license plates. The bill would declare the intent of the Legislature that the DMV, in consultation with the Department of Food and Agriculture, design and make available for issuance the Imagine specialized license plates, as specified. The bill would require the Department of California Highway Patrol to approve the design of the Imagine specialized license plate prior to production, as specified.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 5173 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert5173.end insert  

(a) The fees specified in Section 5157 shall be imposed
4for the issuance, renewal, or transfer of the Imagine specialized
5license plates. Notwithstanding subdivision (c) of Section 5157,
6after deducting its administrative costs, the department shall
7deposit the revenue derived from the additional fees into the
P3    1Imagine No Hunger Fund, which is hereby established in the
2Specialized License Plate Fund, for the Department of Food and
3Agriculture’s Imagine program.

4(b) Upon appropriation by the Legislature, moneys in the
5Imagine No Hunger Fund shall be allocated to the California
6Association of Food Banks for proportional disbursement to its
7members to purchase additional food for distribution to “food
8insecure” families in this state for the sole purpose of increasing
9the amount of food available to “food insecure” Californians.

10(c) Annual administrative costs for the program shall not exceed
1125 percent of the funds collected from the issuance of the Imagine
12specialized license plates, and may include marketing and other
13promotional activities associated with encouraging application
14for or renewal of Imagine specialized license plates.

15(d) The California Association of Food Banks shall determine
16eligibility requirements for food banks receiving funds through
17the Department of Food and Agriculture’s Imagine program and
18develop program specifics. The California Association of Food
19Banks may contract with an entity, including a nonprofit
20organization, to provide advice, consultation, and administrative
21services for purposes of implementing and administering the
22Imagine program.

23(e) It is the intent of the Legislature that the department, in
24consultation with the Department of Food and Agriculture, will
25design and make available for issuance pursuant to this article
26Imagine specialized license plates for the Imagine program.
27Specifically, it is the intent of the Legislature that the specialized
28license plates issued pursuant to this section shall consist of the
29John Lennon self-portrait image with that image on a light blue
30sky background, upon obtaining prior consent from the person or
31persons described in subdivision (c) of Section 3344.1 of the Civil
32Code, to the left of the numerical series and shall have the word
33“Imagine” on the bottom of the license plate.

34(f) The Department of the California Highway Patrol shall
35approve the design of the Imagine specialized license plate for
36legibility, reflectivity, and visibility prior to production.

37(g) Fees collected the for initial issuance of the Imagine
38specialized license plates under this section shall be held by the
39Department of Food and Agriculture until the required number of
40applications is received by the Department of Food and Agriculture
P4    1pursuant to Section 5156, and thereafter fees deposited into the
2Imagine No Hunger Fund may be allocated, upon appropriation
3by the Legislature, to the California Association of Food Banks
4pursuant to subdivision (b).

end insert
begin delete
5

SECTION 1.  

Section 5156 of the Vehicle Code is amended to
6read:

7

5156.  

(a) (1) A state agency may apply to the department to
8sponsor a specialized license plate program, and the department
9shall issue specialized license plates for that program, if the agency
10complies with all of the requirements of this article.

11(2) The department shall not issue specialized license plates to
12a state agency for a vehicle that is exempt from the payment of
13registration fees pursuant to Section 9101 or 9103.

14(b) Except as provided in subdivision (d), the department shall
15not establish a specialized license plate program for an agency
16until the department has received not less than 7,500 applications
17for that agency’s specialized license plates. The agency shall collect
18 and hold applications for the plates. Once the agency has received
19at least 7,500 applications, it shall submit the applications, along
20with the necessary fees, to the department. The department shall
21not issue a specialized license plate until the agency has received
22and submitted to the department not less than 7,500 applications
23for that particular specialized license plate within the time period
24prescribed in this section. Advance payment to the department by
25the agency representing the department’s estimated or actual
26administrative costs associated with the issuance of a particular
27specialized license plate shall not constitute compliance with this
28requirement. The agency shall have 12 months, following the date
29of approval of the agency’s initial application to sponsor a
30specialized license plate program, to receive the required number
31of applications. If, after that 12 months, 7,500 applications have
32not been received, the agency shall immediately do either of the
33following:

34(1) Refund to all applicants all fees or deposits that have been
35collected.

36(2) Contact the department to indicate the agency’s intent to
37undertake collection of additional applications and fees or deposits
38for an additional period, not to exceed 12 months, in order to obtain
39the minimum 7,500 applications. If the agency elects to exercise
40the option under this paragraph, it shall contact each applicant who
P5    1has submitted an application with the appropriate fees or deposits
2to determine if the applicant wishes a refund of fees or deposits
3or requests the continuance of the holding of the application and
4fees or deposits until that time that the agency has received 7,500
5 applications. The agency shall refund the fees or deposits to an
6applicant so requesting. The agency shall not collect and hold
7applications for a period exceeding 24 months following the date
8of approval of the agency’s initial application to sponsor a
9specialized license plate program.

10(c) (1) If the number of outstanding and valid specialized license
11plates in a particular program, except as provided in subdivision
12(d), provided for in this article is less than 7,500, the department
13shall notify the sponsoring agency of that fact and shall inform the
14agency that if that number is less than 7,500 one year from the
15date of that notification, the department will no longer issue or
16replace those specialized license plates.

17(2) Those particular specialized license plates that were issued
18prior to the discontinuation provided by paragraph (1) may continue
19to be used and attached to the vehicle for which they were issued
20and may be renewed, retained, or transferred pursuant to this code.

21(d) (1) The Department of Veterans Affairs may sponsor a Gold
22Star Family specialized license plate program, and the department
23may establish this specialized license plate program in the absence
24of 7,500 paid applications as provided in subdivision (d) of Section
255157.

26(2) The Department of Veterans Affairs shall, upon receiving
27proof of eligibility from an applicant, authorize the department to
28issue Gold Star Family specialized license plates for a vehicle
29owned by an eligible family member of a member of the Armed
30Forces of the United States who was killed in the line of duty while
31on active duty during wartime service, or during an international
32terrorist attack that has been recognized by the United States
33Secretary of Defense as an attack against the United States or a
34foreign nation friendly to the United States, or during military
35operations while serving outside the United States, including
36commonwealths, territories, and possessions of the United States,
37or as part of a peacekeeping force, which includes personnel
38assigned to a force engaged in a peacekeeping operation authorized
39by the United Nations Security Council. An eligible family member
40is defined as all of the following:

P6    1(A) A person who is otherwise eligible under this article to
2register a motor vehicle.

3(B) A person who shows proof from the United States
4Department of Veterans Affairs or the Department of Defense that
5the member who was in the Armed Forces of the United States
6was killed in the line of duty while on active duty in the military.

7(C) A person who bears, and shows proof satisfactory to the
8Department of Veterans Affairs of, one of the following
9relationships to the member of the Armed Forces killed in the line
10of duty while serving on active duty:

11(i) Widow.

12(ii) Widower.

13(iii) Biological parent.

14(iv) Adoptive parent.

15(v) Stepparent.

16(vi) Foster parent in loco parentis.

17(vii) Biological child.

18(viii) Adoptive child.

19(ix) Stepchild.

20(x) Sibling.

21(xi) Half-sibling.

22(xii) Grandparent.

23(xiii) Grandchild.

24(3) Upon the death of a person issued a Gold Star Family
25specialized license plate, the license plate shall be transferred to
26the surviving spouse, if he or she requests, or shall be returned to
27the department within 60 days after the death of the plateholder
28or upon the expiration of the vehicle registration, whichever occurs
29first.

30(e) (1) The Department of Veterans Affairs shall apply to the
31department to sponsor a veterans specialized license plate program,
32and the department shall issue license plates for that program if
33the Department of Veterans Affairs meets the requirements
34prescribed by this section.

35(2) The design of the veterans specialized license plate shall be
36identical to the design of the veterans special interest license plate
37issued pursuant to Section 5068 on or before January 1, 2010, and
38the decals for the plate shall be identical to those offered pursuant
39to Section 5068.

P7    1(3) Notwithstanding Section 5157, in addition to the regular
2fees for an original registration, a renewal of registration, or a
3transfer of registration, the following fees shall be paid by
4individuals applying for a special interest license plate or a decal
5issued under this subdivision:

6(A) Fifty dollars ($50) for the initial issuance of the plates and
7decals. The plates shall be permanent and shall not be required to
8be replaced.

9(B) Forty dollars ($40) for each renewal of registration that
10includes the continued display of the plates or decals.

11(C) Fifteen dollars ($15) for transfer of the plates to another
12vehicle.

13(D) Thirty-five dollars ($35) for replacement plates, if they
14become damaged or unserviceable.

15(E) Ten dollars ($10) for replacement decals, if they become
16damaged or unserviceable.

17(F) Seventy-eight dollars ($78) for the personalization of the
18plates.

19(4) After deducting its administrative costs under this
20subdivision, the department shall deposit the revenue derived from
21the additional fees provided in paragraph (3) in the Veterans
22Service Office Fund created by Section 972.2 of the Military and
23Veterans Code.

end delete


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