BILL ANALYSIS �
AB 2450
Page 1
ASSEMBLY THIRD READING
AB 2450 (Logue and John A. Perez)
As Amended April 21, 2014
Majority vote
TRANSPORTATION 15-0 APPROPRIATIONS 17-0
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|Ayes:|Lowenthal, Linder, |Ayes:|Gatto, Bigelow, |
| |Achadjian, Ammiano, | |Bocanegra, Bradford, Ian |
| |Bloom, Bonta, Buchanan, | |Calderon, Campos, |
| |Daly, Frazier, Gatto, | |Donnelly, Eggman, Gomez, |
| |Holden, Logue, Patterson, | |Holden, Jones, Linder, |
| |Quirk-Silva, Waldron | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the State Department of Public Health (DPH)
to apply to the California Department of Motor Vehicles (DMV) to
sponsor a kidney disease awareness license plate program.
EXISTING LAW :
1)Allows any state agency to apply to DMV to sponsor a
specialized license plate program.
2)Requires DMV to issue specialized license plates for that
program if the agency complies with all statutory
requirements.
3)Prohibits DMV from establishing a specialized license plate
program for an agency until it has received not less than
7,500 paid applications for that agency's specialized license
plates.
4)Requires the agency to collect and hold applications for the
plates. Once the agency has received at least 7,500
applications, it must submit the applications, along with the
necessary fees, to DMV.
5)Prohibits advance payment to DMV of its estimated or actual
administrative costs associated with the issuance of a
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particular specialized license plate from constituting
compliance with the 7,500 application threshold requirement.
6)Requires funds accruing to a sponsoring state agency from the
sale of specialized license plates to be expended exclusively
for projects and programs that promote that agency's official
policy, mission or work.
7)Allows specialized license plates to feature a distinctive
design, decal, or distinctive message in a two-inch by
three-inch space to the left of the plate's numerical sequence
and a space not larger than 5/8-inch in height below the
numerical series.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would result in potential one-time special
fund costs of approximately $440,000 to DMV to establish the
specialized license plate program, including computer
programming changes and updating forms. Pursuant to current
law, DMV would need to make computer programming and form
changes only after program applications meet a 7,500-application
threshold. Therefore, the DMV would incur these costs only if
it receives enough applications to implement the program. DMV
would also incur minor ongoing costs to continue issuing
specialty license plates and renewals under the program. All of
the DMV's initial and ongoing costs, however, would be covered
by a portion of the additional $50 fee paid for specialized
license plates.
Additionally, DPH would incur minor costs to submit the program
application and license prototype to DMV, design and print the
license plate application, and collect and hold applications and
fees until 7,500 applications are received. The bill would also
potentially result in ongoing revenue to DPH to fund kidney
disease awareness efforts.
COMMENTS : Prior to 2007, any new special interest license plate
required specific legislative authorization. That practice was
held to be unconstitutional by the federal courts because the
Legislature approved some of the plates and rejected others,
while using no standardized or objective criteria for those
decisions. In response to the court decision, AB 84 (Leslie),
Chapter 454, Statutes of 2006, established the current
specialized license plate program to provide a forum for
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government speech that promotes California's state policies. AB
84 excludes private organizations from seeking specialized
license plates as a forum for private speech, and thus addresses
the court's objection.
Plates now created and the revenue they generate must publicize
or promote a state agency, or the official policy, mission, or
work of a state agency. Furthermore, the process requires that
at least 7,500 paid applications must be received by the state
agency prior to notifying DMV. The 7,500 application threshold
was previously put into statute for special interest license
plates and was arrived at in an attempt to assure that DMV's
startup costs would be fully covered by the portion of the
registration fee surcharge that is directed to DMV and to avoid
a proliferation of different types of plates, which can be
troublesome from a law enforcement perspective.
With respects to this bill, the author asserts that one in nine
adults have kidney disease and every year, over 90,000 Americans
are lost to the disease. He notes that kidney disease often
comes with no symptoms, making it difficult to detect before the
disease develops into an advanced state. Once kidneys fail, the
individual must undergo dialysis or a kidney transplant.
Statistics show that approximately 120,000 individuals are in
need of a kidney transplant each year but less than 17,000
people will receive a transplant. The author believes that
establishing a specialized kidney disease awareness license
plate, distributed by DMV, will increase awareness about the
potential signs of this devastating disease along with the need
for treatment and will ultimately save lives.
Related legislation:
AB 49 (Buchanan) of the current legislative session, requires
the California Department of Health Care Services to apply to
DMV to sponsor breast cancer awareness license plate and
requires that license plates issued under the program to consist
of a breast cancer awareness ribbon and message on a light pink
background. That bill is currently being held in the Senate
Rules Committee.
SR 28 (Transportation and Housing Committee), requests that DMV
establish a task force whose members shall include
representatives from DMV, the California Highway Patrol (CHP),
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and local law enforcement agencies to study and make
recommendations to the Legislature and the governor on the
proliferation of license plate types authorized for use in the
state and declares a moratorium on legislation to increase the
number of license plate types that DMV may issue until the
Legislature can assess the full and long-term impact of the
ongoing increase in license plate types. The resolution is
currently pending in the Senate.
AB 2321 (Gomez) of the current legislative session, would
require the California Victim Compensation and Government Claims
Board (Board) to apply to the California Department of Motor
Vehicles (DMV) to sponsor a domestic violence, sexual assault,
and sex trafficking awareness license plate program.
Establishes the California Domestic Violence Prevention Fund and
specifies funds shall be allocated to the Board to fund a
competitive grant program. That bill is currently on the
Assembly Floor.
Writing in support of this bill, DaVita Health Care Partners
points out that chronic kidney disease afflicts more than 26
million in the United States and that millions more are at risk
due to underlying conditions including diabetes and
hypertension. They contend that early detection and treatment
can keep chronic kidney disease from progressing to kidney
failure or end stage renal disease which then requires dialysis
or a kidney transplant to maintain life. Davita Health Care
Partners supports the creation of a specialized license plate to
raise awareness about kidney disease and save lives.
Previous legislation:
AB 244 (Bonilla), Chapter 690, Statutes of 2013, requires the
Department of Veterans Affairs (DVA) to apply to DMV to sponsor
a veterans specialized license plate, and would require the DMV
to issue the veterans specialized license plates if DVA meets
specific requirements.
AB 482 (Atkins), Chapter 590, Statutes of 2013, requires the
California Cultural and Historical Endowment, if it creates a
competitive grant program as specified, to apply to DMV for the
purpose of creating a specialized license plate program using
the cartoon character Snoopy.
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AB 853 (Brown) of 2013, would have authorize CHP to apply to DMV
to sponsor a
program for a series of motorsports and auto-enthusiast themed
license plates. That bill was not heard at the request of the
author.
AB 1096 (Nestande) of 2013, would have required DMV, in
consultation with the Salton Sea
Joint Powers Authority, to design and make available a Salton
Sea environmental special interest license plate bearing a
full-plate graphic design. That bill was held in the Senate
Rules Committee.
SB 789 (Price), Chapter 221, Statutes of 2013, authorized the
California Arts Council to use funds generated by specialized
license plate applications for administrative purposes that was
previously prohibited.
AB 610 (Solorio), Chapter 9, Statutes of 2012, allows the
Veterinary Medical Board an additional 12 months to accumulate
the required 7,500 applications for the establishment of a Pet
Lover's specialized license plate.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
FN: 0003777