BILL NUMBER: AB 2131 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 17, 2016
An act to add Section 5173 to the Vehicle Code, relating to
license plates. plates, and making an
appropriation therefor.
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.
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
This 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. 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 yes
. Fiscal committee: 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.
5173. (a) It is the intent of the Legislature
that the revenue from the "Imagine" license plates issued pursuant to
this section be used to help end hunger in California.
(b) The Department of Food and Agriculture shall apply to the
department to sponsor the Imagine license plate program pursuant to
this article.
(c) Except for environmental license plate fees, the fees
specified in Section 5157 shall be imposed for the issuance, renewal,
or transfer of the Imagine license plates. Imagine license plates
may be issued as environmental license plates with no additional fee.
(d) (1) 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 Account,
which is hereby established in the Specialized License Plate Fund.
Notwithstanding Section 13340 of the Government Code, all moneys in
the account are continuously appropriated without regard to fiscal
years to the Department of Food and Agriculture for the purposes
specified in this section. The Department of Food and Agriculture
shall allocate these funds to the California Association of Food
Banks, which shall distribute the funds to local food banks, in
accordance with paragraph (2), to help end hunger in California.
(d)
(2) 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.
(e) License plates issued pursuant to this section shall contain
of a full-plate graphic of a light-blue sky with clouds and, in the
area described in Section 5155, an image of a duly-licensed
self-portrait of John Lennon. The license plates shall also bear the
word "Imagine" under the numerical series. The department shall
obtain the necessary consent from the persons described in
subdivision (c) of Section 3344.1 of the Civil Code.
(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).