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AB-1369 Vehicles: Gold Star Family license plates.(2019-2020)

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Date Published: 03/25/2019 09:00 PM
AB1369:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1369


Introduced by Assembly Member Kiley
(Coauthors: Assembly Members Cooper, Mathis, Melendez, Salas, and Voepel)
(Coauthor: Senator Bates)

February 22, 2019


An act to amend Section 21 of the Vehicle Code, relating to vehicles. An act to amend, repeal, and add Section 5157 of the Vehicle Code, relating to specialized license plates.


LEGISLATIVE COUNSEL'S DIGEST


AB 1369, as amended, Kiley. Vehicles: state preemption of local ordinances. Vehicles: Gold Star Family license plates.
Existing law establishes a specialized license plate program under which the Department of Motor Vehicles (DMV) issues specialized license plates on behalf of a sponsoring state agency that meets certain requirements. Existing law authorizes the Department of Veterans Affairs to sponsor a Gold Star Family specialized license plate program, which allows specified persons to apply for Gold Star Family license plates. Existing law requires that Gold Star Family license plates be issued in a sequential series. Existing law imposes additional fees for the issuance and renewal of specialized license plates, but exempts Gold Star Family license plates from those fees. Existing law also requires an applicant to pay specified environmental fees when applying for a specialized environmental license plate, and directs the DMV to deposit this revenue in the California Environmental License Plate Fund.
This bill would, commencing January 1, 2021, require the DMV to issue Gold Star Family license plates as environmental license plates if the requester pays the above-described environmental license plate fees and specialized license plate fees. The bill would direct the revenue generated from the environmental license plate fees to be deposited into the Motor Vehicle Account within the State Transportation Fund until the DMV’s upfront cost of implementing this program is covered. The bill would then direct this revenue to be deposited into the Veterans Service Office Fund.

Existing law prohibits a local authority from enacting or enforcing an ordinance on matters covered by the Vehicle Code, unless expressly authorized by the Vehicle Code.

This bill would make a technical, nonsubstantive change to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 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.
(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 paragraph (5) of subdivision (a), 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 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.
(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.

 Section 5157 is added to the Vehicle Code, 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.
(b) (1) 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) when issued in a sequential series.
(2) Notwithstanding paragraph (5) of subdivision (a), the revenue from Gold Star Family specialized license plates issued as environmental license plates shall be deposited into the Motor Vehicle Account within the State Transportation Fund until sufficient funds have been deposited to cover the Department of Motor Vehicles’ upfront cost of implementing the personalization program. Upon the determination by the department that the upfront costs are recovered, this revenue shall be deposited into the Veterans Service Office Fund, created by Section 972.2 of the Military and Veterans Code.
(c) Except as provided in paragraph (5) of subdivision (a), 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.
(e) This section shall become operative on January 1, 2021.

SECTION 1.Section 21 of the Vehicle Code is amended to read:
21.

(a)Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the state and in all counties and municipalities therein, and a local authority shall not enact or enforce any ordinance or resolution on the matters covered by this code, including ordinances or resolutions that establish regulations or procedures for, or assess a fine, assessment, penalty, or fee for a violation of, matters covered by this code, unless expressly authorized by this code.

(b)To the extent permitted by current state law, this section does not impair the current lawful authority of the Mountains Recreation and Conservation Authority, a joint powers authority, or any member agency constituted therein as of July 1, 2010, to enforce an ordinance or resolution relating to the management of public lands within its jurisdiction.