BILL NUMBER: AB 2253 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Grove
FEBRUARY 18, 2016
An act to amend add Section
5004 of 5076 to the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2253, as amended, Grove. Vehicles: special plates.
Special interest license plates: In God We Trust
-- America, Inc.
Under existing law, an organization may apply to the Department of
Motor Vehicles for participation in a special interest license plate
program, and the department is required to issue special interest
license plates for that program if the issuance of those plates is
required under these provisions and the sponsoring organization meets
certain requirements, including, among others, collecting and
submitting to the department at least 7,500 applications for the
plates, as specified. Beginning January 1, 2007, existing law
prohibits the department from accepting an application for
participation in a special interest license plate program, and from
issuing special interest license plates for a new program, under this
procedure.
This bill would state legislative findings and declarations
relating to specialty license plate designs as government speech.
This bill would require the department, notwithstanding the above
provision that prohibits the department from accepting an application
from an organization and from issuing special interest license
plates for a new program, to design and make available for issuance
special interest license plates, in consultation with In God We Trust
-- America, Inc. This bill would require the payment of certain fees
for the issuance, renewal, or transfer of the special interest
license plates authorized pursuant to this provision, in addition to
the regular fees for an original registration or renewal of
registration.
Existing law authorizes the Department of Motor Vehicles to issue
special identification plates to the owner of a vehicle that meets
specified criteria and is operated or moved over the highway
primarily for the purpose of historical exhibition or other similar
purpose, subject to a specified fee.
This bill would make technical, nonsubstantive changes to that
provision.
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. The Legislature finds and declares that
a specialty license plate design constitutes government speech,
pursuant to the United States Supreme Court's decision in Walker v.
Texas Div., Sons of Confederate Veterans, Inc. (2015) 135 S.Ct. 2239,
and the Legislature's consideration of this act does not implicate
the free speech rights of private persons.
SEC. 2. Section 5076 is added to the
Vehicle Code , to read:
5076. (a) Notwithstanding Section 5060.1, the department, in
consultation with In God We Trust -- America, Inc., shall design and
make available for issuance, pursuant to this article, special
interest license plates.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, or transfer of the special interest
license plates authorized pursuant to this section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration with the plates, forty dollars
($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of environmental license plates,
as defined in Section 5103, the additional fees prescribed in
Sections 5106 and 5108. The additional fees prescribed in Sections
5106 and 5108 shall be deposited in the California Environmental
License Plate Fund.
SECTION 1. Section 5004 of the Vehicle Code is
amended to read:
5004. (a) Notwithstanding any other provision of this code, any
owner of a vehicle described in paragraph (1), (2), or (3) that is
operated or moved over the highway primarily for the purpose of
historical exhibition or other similar purpose shall, upon
application in the manner and at the time prescribed by the
department, be issued special identification plates for the vehicle:
(1) A motor vehicle with an engine of 16 or more cylinders
manufactured prior to the year 1965.
(2) A motor vehicle manufactured in the year 1922 or prior to the
year 1922.
(3) A vehicle that was manufactured after the year 1922, is at
least 25 years old, and is of historic interest.
(b) The special identification plates assigned to motor vehicles
with an engine of 16 or more cylinders manufactured prior to the year
1965 and to any motor vehicle manufactured in the year 1922 and
prior thereto shall run in a separate numerical series, commencing
with "Horseless Carriage No. 1".
The special identification plates assigned to vehicles specified
in paragraph (3) of subdivision (a) shall run in a separate numerical
series, commencing with "Historical Vehicle No. 1".
Each series of plates shall have different and distinguishing
colors.
(c) A fee of twenty-five dollars ($25) shall be charged for the
initial issuance of the special identification plates. These plates
shall be permanent and shall not be required to be replaced. If any
special identification plate becomes damaged or unserviceable in any
manner, replacement for the plate may be obtained from the department
upon proper application and upon payment of the fee that is provided
for in Section 9265.
(d) All funds received by the department in payment for such
identification plates or the replacement thereof shall be deposited
in the California Environmental License Plate Fund.
(e) These vehicles shall not be exempt from the equipment
provisions of Sections 26709, 27150, and 27600.
(f) As used in this section, a vehicle is of historic interest if
it is collected, restored, maintained, and operated by a collector or
hobbyist principally for purposes of exhibition and historic vehicle
club activities.