Bill Text: CA AB1815 | 2009-2010 | Regular Session | Amended
Bill Title: Vehicles: special interest license plates: NASCAR.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-06-10 - Referred to Com. on T. & H. [AB1815 Detail]
Download: California-2009-AB1815-Amended.html
BILL NUMBER: AB 1815 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 27, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 11, 2010
An act to amend Sections 5157 and 5159 of, and to add Section
5156.1 to, the Vehicle Code, relating to vehicles, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1815, as amended, Emmerson. Vehicles: special interest license
plates: NASCAR.
Existing law authorizes private organizations to apply to the
Department of Motor Vehicles for participation in special interest
license plate programs authorized by legislation in which the
department issues license plates with a participating organization's
distinctive design, decal, or descriptive message and specifies the
design criteria for the special license plate. Existing law requires
that the organization collect and receive a minimum of 7,500
applications and fees for the special interest license plates from
the date of the enactment of the legislation authorizing the special
interest license plate. Existing law permits any individual to apply
for an organization's special interest license plate.
Existing law also authorizes a state agency to apply to the
Department of Motor Vehicles to sponsor a specialized license plate
program and requires the department to issue the specialized license
plates for the program if the state agency complies with specified
requirements.
This bill would authorize the Bureau of Automotive Repair (bureau)
to apply to the department to sponsor a program for a series of
specialized NASCAR license plates that bear emblems, seals, or other
symbols or designs displaying themes of professional stock car auto
racing, or professional stock car auto racing drivers. The bill would
require the department to issue the specialized plates if the bureau
complies with existing requirements applicable to specialized
license plate programs. The bill would require that the design of
each specialty plate in the series be approved by the department and
the Department of the California Highway Patrol.
The bill would authorize the department and the bureau to contract
with 3rd-party vendors or the Prison Industry Authority for the
manufacture, processing, and distribution of the specialized NASCAR
license plates. The bill would specify that the fee for the original
issuance of the specialized license plates be $60, and, for the
renewal of registration with the plates, the fee would be $50. The
bill would also require that these fees be distributed no less
frequently than each quarter annually to the department and the
bureau in specified amounts.
By requiring that the fees for the original issuance and the
renewal of a plate be distributed directly to the department and the
bureau, the bill would make a continuous appropriation of these
funds.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5156.1 is added to the Vehicle Code, to read:
5156.1. (a) (1) Notwithstanding Sections 5154, 5155, and 5156,
the Bureau of Automotive Repair, on behalf of the High Polluter
Repair or Removal Account established by Article 9 (commencing with
Section 44090) of Chapter 5 of Part 5 of Division 26 of the Health
and Safety Code, may apply to the department to sponsor a program for
a series of officially licensed National Association for Stock Car
Auto Racing (NASCAR) driver-specialized license plates, and the
department shall issue, or cause to be issued, specialized plates for
that program, if the Bureau of Automotive Repair complies with the
requirements of this article. This series of plates may bear emblems,
seals, or other symbols or designs displaying themes of professional
stock car auto racing, or professional stock car auto racing
drivers. The design of each specialty plate in the series shall be
approved by the department and the Department of the California
Highway Patrol.
(2) The department shall not issue specialized license plates for
a vehicle that is exempt from the payment of registration fees
pursuant to Section 9101 or 9103.
(b) The department shall not establish this program until the
department has received not less than 7,500 applications for the
bureau's specialized license plates. The bureau shall collect and
hold applications for the plates. Once the bureau 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 a specialized license plate until the bureau has received and
submitted to the department not less than 7,500 applications for this
specialized license plate within the time period prescribed in this
section.
(c) Notwithstanding Section 4850, the department and the Bureau of
Automotive Repair may contract with third-party vendors or the
Prison Industry Authority for the manufacture, processing, and
distribution of specialty license plates produced pursuant to this
section.
(d) The department shall cause to be issued any plate in this
series without a minimum number of applications for a specific
design.
(e) (1) If, five years after the program is established, the
number of outstanding and valid specialized plates in this program is
less than 7,500, the department shall notify the Bureau of
Automotive Repair and shall inform the bureau that if the number is
less than 7,500 one year from the date of that notification, the
department will no longer issue or replace plates created under this
program.
(2) Any plates issued prior to the discontinuation of the program,
as provided in paragraph (1), 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.
SEC. 2. Section 5157 of the Vehicle Code is amended to read:
5157. (a) 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
specialized license plates:
(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, with a specialized license plate design,
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.
(6) Notwithstanding paragraphs (1) and (2), for the original
issuance of specialized license plates pursuant to Section 5156.1,
sixty dollars ($60), and for the renewal of registration with the
plates, fifty dollars ($50).
(b) The Gold Star Family specialized license plate program as
provided in subdivision (d) of Section 5156 shall not be subject to
the fees specified in paragraphs (1), (2), and (5) of subdivision (a)
and shall only be issued in a sequential series.
(c) Except as provided in paragraphs (5) and (6) of subdivision
(a) and subdivisions (b), (c), and (d) of Section 5159, and after
deducting its administrative costs under this section, the department
shall deposit the additional revenue derived from the issuance,
renewal, transfer, and substitution of the specialized license plates
in the Specialized License Plate Fund, which is hereby established
in the State Treasury. Upon appropriation by the Legislature, the
moneys in that fund shall be allocated to each sponsoring agency, in
proportion to the amount in the fund that is attributable to the
agency's specialized license plate program. Except as authorized
under Section 5159, the sponsoring agency shall expend all funds
received under this section exclusively for projects and programs
that promote the state agency's official policy, mission, or work.
(d) (1) The Department of Veterans Affairs may actively request
and receive donations for the Gold Star Family License Plate Account
which is hereby created in the Specialized License Plate Fund and
which may consist of donations from public and private entities.
Earnings generated by the Gold Star Family License Plate Account
shall be retained by the account.
(2) Upon the determination of the department that there are
sufficient funds in the Gold Star Family License Plate Account for
this purpose, moneys in the Gold Star Family License Plate Account
shall be available, upon appropriation by the Legislature, to the
department for the necessary administrative costs of establishing the
Gold Star Family specialized license plate program.
SEC. 3. Section 5159 of the Vehicle Code is amended to read:
5159. (a) Except as provided in subdivisions (b), (c), and (d), a
state agency that is eligible to participate in a specialized
license plate program pursuant to this article and receives funds
from the additional fees collected from the sale of specialized
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
specialized plates.
(b) Funds collected by the department from the original issuance
fees from the sale of specialized license plates established pursuant
to Section 5156.1 shall be distributed no less frequently than each
quarter annually, as follows:
(1) To the department, eight dollars ($8).
(2) To the Bureau of Automotive Repair's High Polluter Repair or
Removal Account, fifty-two dollars ($52).
(c) Funds collected by the department from renewal fees from the
specialized license plate program established pursuant to Section
5156.1 shall be distributed no less frequently than each quarter
annually, as follows:
(1) To the department, eight dollars ($8).
(2) To the Bureau of Automotive Repair's High Polluter Repair or
Removal Account, forty-two dollars ($42).
(d) Subdivision (c) of Section 5156.1 does not authorize the
Bureau of Automotive Repair to contract with third parties, or
otherwise take action, to secure licensing rights for emblems, seals,
or other auto racing symbols or designs displaying themes of
professional stock car auto racing, or professional stock car auto
racing drivers, in order to use those images on specialized license
plates.
(d) (1) The Bureau of Automotive Repair shall secure license
rights for emblems, seals, or other auto racing symbols or designs
displaying themes of professional stock car auto racing, or
professional stock car auto racing drivers, for use on specialized
license plates authorized by Section 5156.1. However, the Bureau of
Automotive Repair shall not pay, nor provide any monetary
compensation, for those license rights.
(2) (A) The terms of the license rights shall hold the state
harmless and indemnify the state from all losses, costs, expenses,
including reasonable attorneys' fees, claims, demands, liabilities,
causes of action, and damages, arising out of the unauthorized use or
infringement of a trademark, service mark, copyright, patent,
method, device, or other proprietary right, in connection with the
issuance of those specialized license plates.
(B) The Bureau of Automotive Repair may require the hold harmless
and indemnity agreements to be supported by policies of commercial
general liability insurance in amounts, and by insurance companies,
that are acceptable to the bureau.
