BILL NUMBER: AB 2253 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Grove
( Coauthors: Assembly Members
Gallagher, Mathis, Melendez,
and Olsen )
FEBRUARY 18, 2016
An act to add Section 5076 5163.5 to
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2253, as amended, Grove. Special interest
Specialized license plates: In God We Trust --
America, Inc. Trust.
Existing law authorizes a state agency to apply to the Department
of Motor Vehicles (DMV) to sponsor a specialized license plate
program and requires the DMV to issue those license plates if the
sponsoring state agency meets certain requirements. Existing law
requires the DMV to charge specified fees related to the issuance of
those plates and to deposit the fees, less the DMV's costs, in the
Specialized License Plate Fund. Existing law requires that moneys in
the fund be allocated, upon appropriation by the Legislature, to the
sponsoring agency in proportion to the amount that is attributable to
the agency's specialized license plate program. Existing law
authorizes the sponsoring agency to use these moneys to fund projects
and programs that promote the state agency's official policy,
mission, or work.
This bill would require the Department of Veterans Affairs to
apply to the DMV to sponsor an In God We Trust license plate program
and would require the DMV to issue those specialized license plates
for that program if the Department of Veterans Affairs satisfies
certain requirements. Notwithstanding the above-described provisions
regarding fees for specialized plates, the bill would require the
additional fees for the issuance, renewal, or transfer of these
specialized license plates to be deposited, after the DMV deducts its
administrative costs, in a newly created fund, to be available upon
appropriation by the Legislature for the purpose of funding specified
veterans programs.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5163.5 is added to the
Vehicle Code , to read:
5163.5. (a) The Department of Veterans Affairs shall apply to the
Department of Motor Vehicles, pursuant to Section 5156, to sponsor
an In God We Trust license plate program. The Department of Motor
Vehicles shall issue specialized license plates for that program if
the Department of Veterans Affairs complies with the requirements of
this article.
(b) Notwithstanding subdivision (c) of Section 5157, the
additional fees prescribed by Section 5157 for the issuance, renewal,
or transfer of the specialized license plates shall be deposited,
after the Department of Motor Vehicles deducts its administrative
costs, in the Veterans Housing and Homelessness Prevention Fund,
which is hereby established in the State Treasury. The funds in the
account shall be used, upon appropriation by the Legislature to the
Department of Veterans Affairs, to support the Veterans Housing and
Homelessness Prevention Program and the development of affordable
services for veterans.
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.