BILL NUMBER: SB 1366 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2000
INTRODUCED BY Senators Monteith and Mountjoy
JANUARY 19, 2000
An act to add Section 5078 to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1366, as amended, Monteith. Vehicles: special interest
license plates.
Existing law requires the Department of Motor Vehicles to issue
certain special interest license plates.
This bill would require the department to issue special interest
license plates that bear a full-plate graphic
design depicting the official Boy Scouts of America logo, the
fleur-de-lis, in the center of the plate and the
words "Scouting Teaches Values" at the bottom of the plate.
The bill This bill would require the sponsoring
organization to submit a financial plan describing the purposes for
which the additional revenues described below will be used.
The bill would establish the number of applicants needed for an
organization to participate in the program to not less than 7,500
applicants. The bill would require the department, if the number of
currently outstanding and valid special interest license plates in
that particular program authorized by the bill is less than 7,500, to
notify the sponsoring organization of that fact and to inform the
organization 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 special interest license plates. The bill would allow
those particular special interest license plates that were issued
prior to the discontinuation to continue to be used and attached to
the vehicle for which they were issued and to be renewed, retained,
or transferred pursuant to the Vehicle Code.
The bill would require the department to deposit remaining
revenues generated from the issuance, renewal, extension,
replacement, or transfer of special interest license plates in the
Boy Scouts of America Account as described below.
The bill would limit a participating organization from annually
expending 25% of the funds that the organization receives from the
additional fees on administrative costs as well as marketing and
promotional costs. Because under existing law a violation of this
limitation would be a crime, this bill would impose a state-mandated
local program by creating a crime.
The bill would also require an organization authorized to offer
special interest license plates pursuant to this bill to prepare and
submit an annual accounting report to the department by June 30. The
bill would, if the organization violates the 25% expenditure
restriction, require the department to cease depositing fees in the
Boy Scouts of America Account, as described below, and, instead would
require those fees to be deposited in a fund created by the
Controller which would be subject to appropriation by the
Legislature. The bill would require the department to immediately
notify the organization of this course of action. The bill would
prohibit the department from issuing or replacing special interest
license plates associated with that organization, if, one year after
the date the organization receives the notice, the organization is
still unable to satisfactorily demonstrate to the department that it
is in compliance or will comply with the 25% expenditure restriction.
The bill would allow those particular special interest license
plates that were issued prior to the discontinuation to continue to
be used and attached to the vehicle for which they were issued and to
be renewed, retained, or transferred pursuant to the Vehicle Code.
This bill would prescribe the fees to be paid for the
issuance, renewal, retention, transfer, and substitution of the
plates. The bill would require that the additional fees collected
for the issuance of those plates, other than fees for the issuance of
environmental license plates, as prescribed, be deposited in the Boy
Scouts of America Account, which the bill would create in the
General Fund, for allocation by the Controller to the San Gabriel
Valley Council of the Boy Scouts of America or its successor for
distribution to the Boy Scout Councils in California, as specified,
for expenditure for the purpose of supporting ongoing and outreach
programs for the Boy Scouts, including, but not limited to, programs
for at-risk youth.
The bill would require the department to provide a monthly report
to the council, indicating the source, by ZIP code, of funds
transmitted to the council, as specified above, during the month.
The council, after deducting administrative fees, would be required
to transmit, on a monthly basis, those funds to the Boy Scout Council
for the area that the report indicates is the source of those funds.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5078 is added to the Vehicle Code, to read:
5078. (a) The department, in consultation with the San Gabriel
Valley Council of the Boy Scouts of America, shall design and make
available for issuance pursuant to this article special design
license plates bearing, notwithstanding in
accordance with Section 5060, a full-plate graphic
design depicting the official Boy Scouts of America logo,
the fleur-de-lis, in the center of the plate and
the words "Scouting Teaches Values" at the bottom of the plate.
(b) In order to participate under this section, the
sponsoring organization shall submit a financial plan describing the
purposes for which the additional revenues described in subdivision
(f) will be used.
(c) (1) No organization may be included in the program under this
section until not less than 7,500 applications for the special
interest license plates described in subdivision (a) are received.
An organization shall collect and hold applications for the plates.
Once the organization 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 any special interest
license plate under this section until the organization has received
and submitted to the department not less than 7,500 applications for
the special interest license plate within the time period prescribed
in this section. Advanced payment to the department by an
organization representing the department's estimated or actual
administrative costs associated with the issuance of the particular
special interest license plate shall not constitute compliance with
this requirement. The organization shall have 12 months from the
date the department authorizes the organization to commence marketing
and sale of the plate to receive the required applications. If,
after that 12 months, 7,500 applications have not been received, the
organization shall immediately do either of the following:
(A) Refund to all applicants any fees or deposits that have been
collected.
(B) Contact the department to indicate the organization'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 an organization elects
to exercise the option under this subparagraph, 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
organization has received 7,500 applications. The organization shall
refund the fees or deposits to any applicant so requesting. In no
event shall an organization collect and hold applications for a
period exceeding 24 months following the date the department
authorizes the organization to commence marketing and sale of the
plate.
(2) (A) If the number of currently outstanding and valid special
interest license plates in the program authorized under this section
is less than 7,500, the department shall notify the sponsoring
organization of that fact and shall inform the organization 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
special interest license plates.
(B) Those particular special interest license plates that were
issued prior to the discontinuation provided by subparagraph (A) 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) An organization that is eligible to participate in a special
interest license plate program pursuant to this section and receives
funds from the additional fees collected from the sale of special
license plates shall not expend annually more than 25 percent of
those funds on administrative costs, marketing, or other promotional
activities associated with encouraging application for, or renewal
of, the special license plates.
(e) (1) An organization authorized under this section to offer
special interest license plates described in subdivision (b) shall
prepare and submit an annual accounting report to the department by
June 30. The report shall include an accounting of all revenues and
expenditures associated with the special interest license plate
program.
(2) If an organization submits a report pursuant to paragraph (1)
indicating that the organization violated the expenditure restriction
set forth in subdivision (d), the department shall immediately cease
depositing fees in the Boy Scouts of America Account created by
subdivision (h) and, instead, shall deposit those fees that would
have otherwise been deposited in that account in a separate fund
created by the Controller, which fund is subject to appropriation by
the Legislature. The department shall immediately notify the
organization of this course of action. The depositing of funds in
the fund established pursuant to this paragraph shall continue until
the organization demonstrates to the satisfaction of the department
that the organization is in compliance or will comply with the
requirements of subdivision (d). If one year from the date that the
organization receives the notice described in this paragraph, the
organization is still unable to satisfactorily demonstrate to the
department that it is in compliance or will comply with the
requirements of subdivision (d), the department shall no longer issue
or replace the special interest license plates associated with that
organization. Those particular special interest license plates that
were issued prior to the discontinuation provided by this paragraph
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.
(f) 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 design 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 an environmental license
plate, as defined in Section 5103, with a full-plate graphic design,
the additional fees prescribed in Sections 5106 and 5108.
The additional fees prescribed in Sections 5106 and 5108 shall be
deposited in the Environmental License Plate Fund.
(c) Except as provided in paragraph (5) of subdivision (b)
5106 and 5108.
(g) The additional fees paid under paragraph (5) of subdivision
(f) shall be deposited in the Environmental License Plate Fund.
(h) Except as provided in subdivision (g) , all fees
collected under this section shall, after deduction of the department'
s costs in administering this section, be deposited in the Boy Scouts
of America Account, which is hereby created in the General Fund.
Upon appropriation by the Legislature, the money in that account
shall be allocated by the Controller to the San Gabriel Valley
Council of the Boy Scouts of America or its successor for
distribution to the Boy Scout Councils in California, as required
under paragraph (2) of subdivision (d) (i)
, for expenditure for the purpose of supporting ongoing and
outreach programs for the Boy Scouts, including, but not limited to,
programs for at-risk youth.
(d)
(i) (1) The department shall provide a monthly report to the
San Gabriel Valley Council of the Boy Scouts of America, indicating
the source, by ZIP code, of funds transmitted to the council under
subdivision (c) (h) during the month.
(2) After deducting an amount sufficient to cover its expenses
under this subdivision, the San Gabriel Valley Council of the Boy
Scouts of America shall transmit, on a monthly basis, the funds
received under subdivision (c) (h) to
the Boy Scout Council for the area that the report provided under
paragraph (1) indicates is the source of those funds.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.