Amended in Assembly March 31, 2016

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 to add Section 5173 to the Vehicle Code, relating to licensebegin delete plates.end deletebegin insert plates, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2131, as amended, Maienschein. Specialized license plates.

Existing law establishes a specialized license plate program and requires the Department of Motor Vehicles (DMV) to issue specialized license plates 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, 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.

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This bill would 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

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begin insertThis bill would require the Department of Food and Agriculture to apply to the DMV to sponsor an Imagine license plate bearing an image of John Lennon on a light-blue background with clouds and the word “Imagine” under the numerical series. The bill would direct the DMV to deposit the additional revenue from these license plates into the Imagine Account, which the bill would create. The bill would continuously appropriate moneys in the Imagine Account to the Department of Food and Agriculture for allocation to the California Association of Food Banks and further distribution to local food banks. Theend insert 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.begin delete 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.end delete 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: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 5173 is added to the Vehicle Code, to
2read:

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3

5173.  

(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 deposit
7the revenue derived from the additional fees into the Imagine No
8Hunger Fund, which is hereby established in the Specialized
9License Plate Fund, for the Department of Food and Agriculture’s
10Imagine program.

11(b) Upon appropriation by the Legislature, moneys in the
12Imagine No Hunger Fund shall be allocated to the California
13Association of Food Banks for proportional disbursement to its
14members to purchase additional food for distribution to “food
15insecure” families in this state for the sole purpose of increasing
16the amount of food available to “food insecure” Californians.

17(c) Annual administrative costs for the program shall not exceed
1825 percent of the funds collected from the issuance of the Imagine
19specialized license plates, and may include marketing and other
20promotional activities associated with encouraging application for
21or renewal of Imagine specialized license plates.

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22begin insert

begin insert5173.end insert  

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(a) It is the intent of the Legislature that the revenue
23from the “Imagine” license plates issued pursuant to this section
24be used to help end hunger in California.

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25
(b) The Department of Food and Agriculture shall apply to the
26department to sponsor the Imagine license plate program pursuant
27to this article.

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28
(c) Except for environmental license plate fees, the fees specified
29in Section 5157 shall be imposed for the issuance, renewal, or
30transfer of the Imagine license plates. Imagine license plates may
31be issued as environmental license plates with no additional fee.

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32
(d) (1) Notwithstanding subdivision (c) of Section 5157, after
33deducting its administrative costs, the department shall deposit
34the revenue derived from the additional fees into the Imagine
35Account, which is hereby established in the Specialized License
36Plate Fund. Notwithstanding Section 13340 of the Government
37Code, all moneys in the account are continuously appropriated
38without regard to fiscal years to the Department of Food and
P4    1Agriculture for the purposes specified in this section. The
2Department of Food and Agriculture shall allocate these funds to
3the California Association of Food Banks, which shall distribute
4the funds to local food banks, in accordance with paragraph (2),
5to help end hunger in California.

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6(d)

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7begin insert(2)end insert The California Association of Food Banks shall determine
8eligibility requirements for food banks receiving funds through
9the Department of Food and Agriculture’s Imagine program and
10develop program specifics. The California Association of Food
11Banks may contract with an entity, including a nonprofit
12organization, to provide advice, consultation, and administrative
13services for purposes of implementing and administering the
14Imagine program.

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15(e) It is the intent of the Legislature that the department, in
16consultation with the Department of Food and Agriculture, will
17design and make available for issuance pursuant to this article
18Imagine specialized license plates for the Imagine program.
19Specifically, it is the intent of the Legislature that the specialized
20license plates issued pursuant to this section shall consist of the
21John Lennon self-portrait image with that image on a light blue
22sky background, upon obtaining prior consent from the person or
23persons described in subdivision (c) of Section 3344.1 of the Civil
24Code, to the left of the numerical series and shall have the word
25“Imagine” on the bottom of the license plate.

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26
(e)  License plates issued pursuant to this section shall contain
27of a full-plate graphic of a light-blue sky with clouds and, in the
28area described in Section 5155, an image of a duly-licensed
29self-portrait of John Lennon. The license plates shall also bear
30the word “Imagine” under the numerical series. The department
31shall obtain the necessary consent from the persons described in
32subdivision (c) of Section 3344.1 of the Civil Code.

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

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36(g) Fees collected the for initial issuance of the Imagine
37specialized license plates under this section shall be held by the
38Department of Food and Agriculture until the required number of
39applications is received by the Department of Food and Agriculture
40pursuant to Section 5156, and thereafter fees deposited into the
P5    1Imagine No Hunger Fund may be allocated, upon appropriation
2by the Legislature, to the California Association of Food Banks
3pursuant to subdivision (b).

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