Bill Text: CA AB1001 | 2011-2012 | Regular Session | Introduced
Bill Title: Vehicles: special interest license plates.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-02-01 - Died at Desk. [AB1001 Detail]
Download: California-2011-AB1001-Introduced.html
BILL NUMBER: AB 1001 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
FEBRUARY 18, 2011
An act to amend Section 5060 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1001, as introduced, Jeffries. Vehicles: special interest
license plates.
Existing law authorizes an organization to apply to the department
for participation in a special interest license program.
This bill would make technical, nonsubstantive changes to that
law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5060 of the Vehicle Code is amended to read:
5060. (a) An organization may apply to the department for
participation in a special interest license plate program and the
department shall issue special license plates for that program if the
issuance of those plates is required by this article, the sponsoring
organization complies with the requirements of this section, and the
organization meets all of the following criteria:
(1) Qualifies for tax-exempt status under Section 501(c)(3) of the
Internal Revenue Code of the United States and Section
23701d of the Revenue and Taxation Code.
(2) Submits a financial plan describing the purposes for which the
revenues described in paragraph (2) of subdivision (e) will be used.
(3) Submits a design of the organization's proposed special
interest license plate that, among other things, provides for the
placement of the number and letter characters in a manner that allows
for law enforcement to readily identify those characters.
(b) Any A person described in
Section 5101 may apply for special interest license plates, in lieu
of the regular license plates.
(c) The design criteria for a special interest license plate are
as follows:
(1) The license plate for a passenger vehicle, commercial vehicle,
or trailer shall provide a space not larger than 2 inches by 3
inches to the left of the numerical series and a space not larger
than five-eighths of an inch in height below the numerical series for
a distinctive design, decal, or descriptive message as authorized by
this article. The plates shall be issued in sequential numerical
order or, pursuant to Section 5103, in a combination of numbers or
letters.
(2) Special interest license plates authorized under this article
may be issued for use on a motorcycle. That license plate shall
contain a five digit configuration issued in sequential numerical
order or, pursuant to Section 5103, in a combination of numbers or
letters. There shall be a space to the left of the numerical series
for a distinctive design or decal and the characters shall contrast
sharply with the uniform background color. No
A motorcycle plate containing a full plate graphic design is
not authorized. 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.
(d) (1) No An organization
may shall not be included in the program until
not less than 7,500 applications for the particular special interest
license plates are received. Each 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
a special interest license plate until an organization has
received and submitted to the department not less than 7,500
applications for that particular 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 a particular special interest license plate shall not constitute
compliance with this requirement. The organization shall have 12
months, following the effective date of the enactment of the specific
legislation enabling the organization to participate in this
program, to receive the required number of 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 pursuant to
this paragraph, 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 an applicant so requesting
who requests a refund . In no event
shall an An organization shall not
collect and hold applications for a period exceeding 24 months
following the date of authorization as described in
paragraph (2) of subdivision (a).
(C) Sequential plate fees shall be paid for the original issuance,
renewal, retention, replacement, or transfer of the special interest
license plate as determined by the organization and authorized by
department's regulations. Those plates containing a personalized
message are subject to the fees required pursuant to Sections 5106
and 5108 in addition to any fees required by the
special interest license plate program.
(2) (A) If the number of currently outstanding and valid special
interest license plates in any a
particular program provided for in this article 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.
(e) (1) The department shall deduct its costs to develop and
administer the special interest license plate program from the
revenues collected for the plates.
(2) The department shall deposit the remaining revenues from the
original issuance, renewal, retention, replacement, or transfer of
the special interest license plate in a fund which
that shall be established by the Controller.
(f) When payment of renewal fees is not required as specified in
Section 4000, or when a person determines to retain the special
interest license plate upon a sale, trade, or other release of the
vehicle upon which the plate has been displayed, the person shall
notify the department and the person may retain and use the plate as
authorized by department regulations.
(g) An organization that is eligible to participate in a special
interest license plate program pursuant to this article 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.
(h) (1) Every An organization
authorized under pursuant to this
article to offer special interest license plates 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 (g), the department shall immediately cease
depositing fees in the fund created by the Controller for that
organization under pursuant to
paragraph (2) of subdivision (e) and, instead, shall deposit those
fees that would have otherwise been deposited in that fund 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 account 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 (g). 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 (g), the department shall no
longer issue or replace those 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.
(3) Upon receiving the reports required under paragraph (1), the
department shall prepare and transmit an annual consolidated report
to the Legislature containing the revenue and expenditure data.
