BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 2321 (Gomez) - Specialized license plates: domestic violence  
          and sexual assault awareness.
          
          Amended: April 24, 2014         Policy Vote: T&H 10-0
          Urgency: No                     Mandate: No
          Hearing Date: August 4, 2014                            
          Consultant: Mark McKenzie       
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: AB 2321 would require the Office of Emergency  
          Services (OES) to apply to the Department of Motor Vehicles  
          (DMV) to sponsor a domestic violence and sexual assault  
          awareness license plate program, as specified.

          Fiscal Impact: 
              Estimated OES costs of $25,000 in 2014-15 for plate design,  
              and approximately $50,000 in 2015-16 for 1/2 PY of staff  
              time to collect the initial 7,500 applications and fees for  
              the establishment of the plate program (General Fund).   
              These costs could continue into 2016-17 if the requisite  
              applications and fees are not collected within the first  
              year and OES applies to DMV for a 12-month extension.

              Assuming 7,500 pre-paid applications are collected by OES,  
              DMV would incur initial administrative costs of $135,000 to  
              process the applications, and an additional $440,000 in  
              programming and other implementation costs, likely in  
              2016-17 or 2017-18, partially offset by pre-paid application  
              fees of $375,000, leaving a net first-year cost of  
              approximately $200,000 (Motor Vehicle Account).  These net  
              costs would be reimbursed in the following fiscal year by  
              registration renewal fees from holders of the domestic  
              violence and sexual assault awareness plates.  All ongoing  
              costs thereafter would be fully offset by fees from renewals  
              and issuance of new plates.

               Upon full implementation of the proposed plate program,  
              there would be ongoing revenues of approximately $300,000  
              annually available for OES's Family Violence Prevention  
              Program (based on 7,500 plate renewals).  These revenues  








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              could be higher to the extent additional domestic violence  
              and sexual assault awareness plates are issued. 

          Background: Prior to 2007, any new special interest license  
          plate required specific legislative authorization.  This  
          practice was held to be unconstitutional in that the Legislature  
          approved some of the plates, and rejected others, using no  
          standardized or objective criteria for those decisions.  Current  
          law, as enacted by AB 84 (Leslie), Chap 454/2006, authorizes any  
          state agency to sponsor a special interest license plate, and  
          apply to DMV to establish a new license plate program after  
          collecting at least 7,500 applications and accompanying fees and  
          submitting them to DMV.  The applications must be collected  
          within one year, with an option to extend that timeframe by an  
          additional year under specified conditions.  The new specialized  
          license plate must have a design or contain a message that  
          publicizes or promotes a state agency, or the official policy,  
          mission, or work of the agency.  

          In addition to the regular fees for an original or renewal  
          registration, the following fees would be paid for the issuance,  
          renewal, or transfer of the specialized license plate: $50 for  
          original issuance; $40 for renewal; $15 for transfer to another  
          vehicle; and $35 for substitute replacement plates.  Once a  
          specialized license plate program has been implemented, all  
          additional fee revenues associated with the plate, after  
          subtracting DMV administrative costs, would be deposited into  
          the Specialized License Plate Fund, and made available to the  
          sponsoring agency upon appropriation by the Legislature for  
          projects and programs that promote the agency's official policy,  
          mission, or work.  A sponsoring agency may not spend more than  
          25 percent of its license plate fee revenues for administrative,  
          marketing, and promotional costs associated with the plate.

          OES administers ten distinct programs through its Domestic  
          Violence Unit.  The mission of the unit is to work with  
          governmental entities and local nonprofits to prevent, reduce,  
          and eradicate incidents of domestic violence.  Among the ten  
          programs, the Family Violence Prevention Program is designed to  
          provide family violence prevention education and increase  
          general awareness of family violence prevention programs through  
          financial and technical assistance given to local domestic and  
          family violence centers.









          AB 2321 (Gomez)
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          Proposed Law: AB 2321 would require OES to apply to DMV to  
          sponsor a domestic violence and sexual assault awareness license  
          plate program pursuant to the requirements of the specialized  
          license plate program in existing law.  The bill would require  
          additional fees derived from the plate program to be deposited  
          into the California Domestic Violence Prevention Fund,  
          established by this bill.  Revenues would be allocated to OES,  
          upon appropriation by the Legislature, for purposes of funding  
          the Family Violence Prevention Program. 

          Related Legislation: 
          AB 1096 (Nestande), pending in this Committee, would require the  
          Department of Fish and Wildlife to apply to DMV to sponsor a  
          Salton Sea specialized license plate program to fund Salton Sea  
          restoration.

          AB 2450 (Logue/J.Perez), pending in this Committee, would  
          require the Department of Public Health to apply to DMV to  
          sponsor a kidney disease awareness specialized license plate  
          program.

          Staff Comments: As noted above, any state agency may sponsor a  
          specialized license plate program and apply to DMV to issue the  
          plates upon collection of 7,500 pre-paid applications without  
          legislative action.  Rather than allow OES to sponsor a plate at  
          its discretion, this bill would require OES to apply to DMV to  
          sponsor a domestic violence and sexual assault awareness plate  
          program.

          As a sponsoring entity, existing law requires OES to design a  
          plate, apply to DMV to sponsor a plate program, and collect  
          7,500 pre-paid applications within 12 months.  If the requisite  
          number of applications has not been reached within a year, OES  
          has the option of either returning all fees and deposits to  
          applicants, or notifying DMV that it intends to continue  
          collection efforts to obtain the minimum 7,500 applications  
          within the subsequent 12 months.  If OES elects to continue  
          collection efforts, it must contact applicants who submitted  
          applications and fees to determine whether they would prefer to  
          continue the application or have their deposits and fees  
          refunded. 

          Staff estimates that OES would incur initial costs of  
          approximately $25,000 in 2014-15 to design the domestic violence  








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          and sexual assault awareness license plate and apply to DMV to  
          sponsor the plate, and additional costs of approximately $50,000  
          in 2015-16 to collect applications and fees.  If 7,500  
          applications have not been received within 12 months of applying  
          to DMV, OES may incur similar costs in 2016-17 if it chooses to  
          apply for an extension.  There could be additional costs to the  
          extent OES implements a marketing strategy to attract  
          applicants.  Staff notes that there is no requirement that OES  
          incur costs beyond the initial 12 month period if less than  
          7,500 applications have been collected.

          All DMV costs are contingent upon receipt of 7,500 pre-paid  
          applications, as specified above.  If the requisite number of  
          applications are not received within the specified timeframe,  
          the domestic violence and sexual assault awareness plate program  
          would not be implemented and there would be no further costs or  
          revenues derived from the bill.

          If the license plate program is implemented, it would generate  
          at least $300,000 in annual revenues for the Family Violence  
          Prevention Program (assuming the minimum 7,500 plate holders  
          paid a $40 renewal fee).  According to a 2013-14 OES report on  
          the program, there was $145,000 in available funding in both the  
          2011-12 and 2012-13 fiscal years, $45,000 of which was General  
          Fund revenues.  This bill could nearly triple the revenues  
          available for the program, and potentially offset General Fund  
          allocations.