BILL NUMBER: AB 2131 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 17, 2016
An act to amend add Section
5156 of 5173 to the Vehicle Code, relating to
license plates.
LEGISLATIVE COUNSEL'S DIGEST
AB 2131, as amended, Maienschein. License plates.
Specialized license plates.
Existing law establishes a specialized license plate program and
requires the Department of Motor Vehicles (DMV) to issue
specialized license plates to on behalf of
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 license
plates. 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.
This bill would make technical, nonsubstantive changes to
the provision establishing a specialized license plate program.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5173 is added to the
Vehicle Code , to read:
5173. (a) The fees specified in Section 5157 shall be imposed for
the issuance, renewal, or transfer of the Imagine specialized
license plates. Notwithstanding subdivision (c) of Section 5157,
after deducting its administrative costs, the department shall
deposit the revenue derived from the additional fees into the Imagine
No Hunger Fund, which is hereby established in the Specialized
License Plate Fund, for the Department of Food and Agriculture's
Imagine program.
(b) Upon appropriation by the Legislature, moneys in the Imagine
No Hunger Fund shall be allocated to the California Association of
Food Banks for proportional disbursement to its members to purchase
additional food for distribution to "food insecure" families in this
state for the sole purpose of increasing the amount of food available
to "food insecure" Californians.
(c) Annual administrative costs for the program shall not exceed
25 percent of the funds collected from the issuance of the Imagine
specialized license plates, and may include marketing and other
promotional activities associated with encouraging application for or
renewal of Imagine specialized license plates.
(d) The California Association of Food Banks shall determine
eligibility requirements for food banks receiving funds through the
Department of Food and Agriculture's Imagine program and develop
program specifics. The California Association of Food Banks may
contract with an entity, including a nonprofit organization, to
provide advice, consultation, and administrative services for
purposes of implementing and administering the Imagine program.
(e) It is the intent of the Legislature that the department, in
consultation with the Department of Food and Agriculture, will design
and make available for issuance pursuant to this article Imagine
specialized license plates for the Imagine program. Specifically, it
is the intent of the Legislature that the specialized license plates
issued pursuant to this section shall consist of the John Lennon
self-portrait image with that image on a light blue sky background,
upon obtaining prior consent from the person or persons described in
subdivision (c) of Section 3344.1 of the Civil Code, to the left of
the numerical series and shall have the word "Imagine" on the bottom
of the license plate.
(f) The Department of the California Highway Patrol shall approve
the design of the Imagine specialized license plate for legibility,
reflectivity, and visibility prior to production.
(g) Fees collected the for initial issuance of the Imagine
specialized license plates under this section shall be held by the
Department of Food and Agriculture until the required number of
applications is received by the Department of Food and Agriculture
pursuant to Section 5156, and thereafter fees deposited into the
Imagine No Hunger Fund may be allocated, upon appropriation by the
Legislature, to the California Association of Food Banks pursuant to
subdivision (b).
SECTION 1. Section 5156 of the Vehicle Code is
amended to read:
5156. (a) (1) A state agency may apply to the department to
sponsor a specialized license plate program, and the department shall
issue specialized license plates for that program, if the agency
complies with all of the requirements of this article.
(2) The department shall not issue specialized license plates to a
state agency for a vehicle that is exempt from the payment of
registration fees pursuant to Section 9101 or 9103.
(b) Except as provided in subdivision (d), the department shall
not establish a specialized license plate program for an agency until
the department has received not less than 7,500 applications for
that agency's specialized license plates. The agency shall collect
and hold applications for the plates. Once the agency has received at
least 7,500 applications, it shall submit the applications, along
with the necessary fees, to the department. The department shall not
issue a specialized license plate until the agency has received and
submitted to the department not less than 7,500 applications for that
particular specialized license plate within the time period
prescribed in this section. Advance payment to the department by the
agency representing the department's estimated or actual
administrative costs associated with the issuance of a particular
specialized license plate shall not constitute compliance with this
requirement. The agency shall have 12 months, following the date of
approval of the agency's initial application to sponsor a specialized
license plate program, to receive the required number of
applications. If, after that 12 months, 7,500 applications have not
been received, the agency shall immediately do either of the
following:
(1) Refund to all applicants all fees or deposits that have been
collected.
(2) Contact the department to indicate the agency's intent to
undertake collection of additional applications and fees or deposits
for an additional period, not to exceed 12 months, in order to obtain
the minimum 7,500 applications. If the agency elects to exercise the
option under this paragraph, it shall contact each applicant who has
submitted an application with the appropriate fees or deposits to
determine if the applicant wishes a refund of fees or deposits or
requests the continuance of the holding of the application and fees
or deposits until that time that the agency has received 7,500
applications. The agency shall refund the fees or deposits to an
applicant so requesting. The agency shall not collect and hold
applications for a period exceeding 24 months following the date of
approval of the agency's initial application to sponsor a specialized
license plate program.
(c) (1) If the number of outstanding and valid specialized license
plates in a particular program, except as provided in subdivision
(d), provided for in this article is less than 7,500, the department
shall notify the sponsoring agency of that fact and shall inform the
agency that if that number is less than 7,500 one year from the date
of that notification, the department will no longer issue or replace
those specialized license plates.
(2) Those particular specialized license plates that were issued
prior to the discontinuation provided by paragraph (1) may continue
to be used and attached to the vehicle for which they were issued and
may be renewed, retained, or transferred pursuant to this code.
(d) (1) The Department of Veterans Affairs may sponsor a Gold Star
Family specialized license plate program, and the department may
establish this specialized license plate program in the absence of
7,500 paid applications as provided in subdivision (d) of Section
5157.
(2) The Department of Veterans Affairs shall, upon receiving proof
of eligibility from an applicant, authorize the department to issue
Gold Star Family specialized license plates for a vehicle owned by an
eligible family member of a member of the Armed Forces of the United
States who was killed in the line of duty while on active duty
during wartime service, or during an international terrorist attack
that has been recognized by the United States Secretary of Defense as
an attack against the United States or a foreign nation friendly to
the United States, or during military operations while serving
outside the United States, including commonwealths, territories, and
possessions of the United States, or as part of a peacekeeping force,
which includes personnel assigned to a force engaged in a
peacekeeping operation authorized by the United Nations Security
Council. An eligible family member is defined as all of the
following:
(A) A person who is otherwise eligible under this article to
register a motor vehicle.
(B) A person who shows proof from the United States Department of
Veterans Affairs or the Department of Defense that the member who was
in the Armed Forces of the United States was killed in the line of
duty while on active duty in the military.
(C) A person who bears, and shows proof satisfactory to the
Department of Veterans Affairs of, one of the following relationships
to the member of the Armed Forces killed in the line of duty while
serving on active duty:
(i) Widow.
(ii) Widower.
(iii) Biological parent.
(iv) Adoptive parent.
(v) Stepparent.
(vi) Foster parent in loco parentis.
(vii) Biological child.
(viii) Adoptive child.
(ix) Stepchild.
(x) Sibling.
(xi) Half-sibling.
(xii) Grandparent.
(xiii) Grandchild.
(3) Upon the death of a person issued a Gold Star Family
specialized license plate, the license plate shall be transferred to
the surviving spouse, if he or she requests, or shall be returned to
the department within 60 days after the death of the plateholder or
upon the expiration of the vehicle registration, whichever occurs
first.
(e) (1) The Department of Veterans Affairs shall apply to the
department to sponsor a veterans specialized license plate program,
and the department shall issue license plates for that program if the
Department of Veterans Affairs meets the requirements prescribed by
this section.
(2) The design of the veterans specialized license plate shall be
identical to the design of the veterans special interest license
plate issued pursuant to Section 5068 on or before January 1, 2010,
and the decals for the plate shall be identical to those offered
pursuant to Section 5068.
(3) Notwithstanding Section 5157, in addition to the regular fees
for an original registration, a renewal of registration, or a
transfer of registration, the following fees shall be paid by
individuals applying for a special interest license plate or a decal
issued under this subdivision:
(A) Fifty dollars ($50) for the initial issuance of the plates and
decals. The plates shall be permanent and shall not be required to
be replaced.
(B) Forty dollars ($40) for each renewal of registration that
includes the continued display of the plates or decals.
(C) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
(D) Thirty-five dollars ($35) for replacement plates, if they
become damaged or unserviceable.
(E) Ten dollars ($10) for replacement decals, if they become
damaged or unserviceable.
(F) Seventy-eight dollars ($78) for the personalization of the
plates.
(4) After deducting its administrative costs under this
subdivision, the department shall deposit the revenue derived from
the additional fees provided in paragraph (3) in the Veterans Service
Office Fund created by Section 972.2 of the Military and Veterans
Code.