Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-1158 Specialized license plates: “Have a Heart, Be a Star, Help Our Kids” license plate program.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/14/2018 09:00 PM
SB1158:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1158


Introduced by Senator McGuire

February 14, 2018


An act to amend Section 5072 of the Vehicle Code, and to amend Sections 18285 and 18285.5 of the Welfare and Institutions Code, relating to specialized license plates.


LEGISLATIVE COUNSEL'S DIGEST


SB 1158, as introduced, McGuire. Specialized license plates: “Have a Heart, Be a Star, Help Our Kids” license plate program.
Existing law establishes the “Have a Heart, Be a Star, Help Our Kids” specialized license plate program. Existing law establishes fees for those specialized license plates, including a $50 fee for initial license plates with a character sequence determined by the applicant and a $20 fee for initial license plates with a character sequence determined by the department. Existing law requires those and other fees, less specified expenses, to be deposited in the Child Health and Safety Fund, and makes moneys in the fund available, upon appropriation, for child safety and licensing administration for child day care facilities.
This bill would increase the fees for those initial “Have a Heart, Be a Star, Help Our Kids” license plates to $98 and $50, respectively.
Existing law requires that 50% of the funds received from the “Have a Heart, Be a Star, Help Our Kids” specialized license plate program be expended for licensing administration for child day care facilities. Existing law requires the balance of funds remaining in the fund derived from the license plate program, upon appropriation, to be used for programs that address specified child health and safety concerns.
This bill would revise those allocations to instead require, of the moneys in that fund derived from the license plate program that are collected on and after January 1, 2019, that 20% of those funds be used for licensing administration for child day care facilities by the State Department of Social Services, and that 20% of those funds be used by the Emergency Medical Services Authority to support the function of child care licensee primary care and safety training program support. The bill would further require that 25% of the moneys in the fund derived from the license plate program that are collected on and after January 1, 2019, be used by the State Department of Social Services for child abuse prevention, as specified. The bill would require the remaining 35% of those moneys to be used by the State Department of Public Health for other child health and safety concerns. The bill would include in that list of specified child health and safety concerns, among other concerns, pedestrian safety, sleep suffocation, and sports-related concussions. The bill would require the continued allocation of funds collected before January 1, 2019, upon appropriation, for those purposes that existed prior to January 1, 2019, as specified, until those funds are exhausted.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5072 of the Vehicle Code is amended to read:

5072.
 (a) Any A person described in Section 5101 may also apply for a set of “Have a Heart, Be a Star, Help Our Kids” license plates, and the department shall issue those special license plates in lieu of the regular license plates. The “Have a Heart, Be a Star, Help Our Kids” plates shall be distinct from other existing license plates by the inclusion of a well within the portion of the license plate that has the alpha-numeric sequence. The well may be placed in any position within that portion of the license plate. A heart shape, a five-pointed star, a hand shape, a plus-sign shape, shall be imprinted within the well itself. However, for purposes of processing the alpha-numeric sequence, the symbol within the well shall be read as a blank within the alpha-numeric sequence. The Department of Motor Vehicles shall cooperate with representatives of the Department of the California Highway Patrol and the Prison Industries Industry Authority to design the final shape and dimension of the symbols for these license plates.
(b) An applicant for a license plate described in subdivision (a) may choose to either accept a license plate character sequence assigned by the department that includes one of the four symbols or request a specialized license plate character sequence determined by the applicant that includes one of the four symbols, in accordance with instructions which shall be provided by the department.
(c) In addition to the regular fees for an original registration, a renewal of registration, or a transfer of registration, the following “Have a Heart, Be a Star, Help Our Kids” license plate fees shall be paid:
(1) Notwithstanding Section 5106, for those specialized license plates whose character sequence is determined by the license owner or applicant:
(A) Fifty dollars ($50) Ninety-eight dollars ($98) for the initial issuance of the plates. These plates shall be permanent and shall not be required to be replaced.
(B) Forty dollars ($40) for each renewal of registration which includes the continued display of the plates.
(C) Fifteen dollars ($15) for transfer of the plates to another vehicle.
(D) Thirty-five dollars ($35) for replacement plates, if the plates become damaged or unserviceable.
(2) For those specialized license plates whose character sequence is assigned by the department:
(A) Twenty dollars ($20) Fifty dollars ($50) for the initial issuance of the plates. These plates shall be permanent and shall not be required to be replaced.
(B) The legally allowed fee for renewal plus fifteen dollars ($15) for each renewal of registration, which includes the continued display of the plates.
(C) Fifteen dollars ($15) for transfer of the plates to another vehicle.
(D) Twenty dollars ($20) for replacement plates, if the plates become damaged or unserviceable.
(d) When payment of renewal fees is not required as specified in Section 4000, or when the person determines to retain the “Have a Heart, Be a Star, Help Our Kids” license plates upon sale, trade, or other release of the vehicle upon which the plates have been displayed, the person shall notify the department and the person may retain the plates.
(e) The revenue derived from the additional special fees provided in this section, less costs incurred by the department, the Department of the California Highway Patrol, and local law enforcement for developing and administering this license plate program pursuant to this section, shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and, when appropriated by the Legislature shall be available for the purposes specified in that chapter.

(f)It is the intent of the Legislature that the additional special fees specified in subdivision (e) are not used to replace existing appropriation levels in the 1991–92 Budget Act.

SEC. 2.

 Section 18285 of the Welfare and Institutions Code is amended to read:

18285.
 (a) There is hereby created in the State Treasury the Child Health and Safety Fund for the purposes specified in this section.
(b) Moneys for this fund shall be derived from the license plate program provided for pursuant to established in Section 5072 of the Vehicle Code and from civil penalties on child day care facility providers.
(c) Moneys in the fund shall be expended, upon appropriation by the Legislature, for the purposes specified in subdivisions (d), (e) and (f).
(d) (1) Fifty percent of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code that are collected before January 1, 2019, shall be available, upon appropriation, to the State Department of Social Services for the purpose of administering provisions of Sections 1596.816, 1596.87, 1596.872b, 1596.893b 1596.893b, 1596.895, 1596.95, 1597.091, 1597.54, 1597.541, 1597.542, 1597.55b 1597.55b, and 1597.62 of the Health and Safety Code. Upon appropriation by the Legislature, an additional five hundred one thousand dollars ($501,000), in excess of the 50 percent derived from the license plate program, also shall be made available for these purposes. The State Department of Social Services shall allocate these special funds funds, until exhausted, according to the following priorities:

(1)

(A) Site visits performed pursuant to Sections 1597.091 and 1597.55b of the Health and Safety Code.

(2)

(B) The monitoring responsibility of the child care advocate program.

(3)

(C) Training for investigative and licensing field staff.

(4)

(D) Other aspects of the child care advocate program performed pursuant to Section 1596.872b of the Health and Safety Code.

(5)

(E) The salary of the chief of the child care licensing branch.
(2) (A) Twenty percent of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code that are collected on and after January 1, 2019, shall be available, upon appropriation, to the State Department of Social Services for the purpose of administering provisions of Sections 1596.816, 1596.87, 1596.872b, 1596.893b, 1596.895, 1596.95, 1597.091, 1597.54, 1597.541, 1597.542, 1597.55b, and 1597.62 of the Health and Safety Code. The State Department of Social Services shall allocate these funds for the following purposes:
(i) Site visits performed pursuant to Sections 1597.091 and 1597.55b of the Health and Safety Code.
(ii) Training for investigative and licensing field staff.
(iii) Other aspects of the child care advocate program performed pursuant to Section 1596.872b of the Health and Safety Code.
(iv) The salary of the chief of the child care licensing branch.
(B) Twenty percent of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code that are collected on and after January 1, 2019, shall be available, upon appropriation, to the Emergency Medical Services Authority to support the function of child care licensee primary care and safety training program support, and may, as necessary, fund appropriate administrative support costs.

In

(3) In order to implement the list of priorities set forth in this subdivision, and to complete implementation of subdivision (a) of Section 1596.816 of the Health and Safety Code, the State Department of Social Services may, as necessary, fund appropriate administrative support costs.
(e)  (1) The balance of funds remaining after the appropriations allocations specified in paragraph (1) of subdivision (d) derived from the license plate program pursuant to Section 5072 of the Vehicle Code and collected before January 1, 2019, shall be available, upon appropriation, and until exhausted, for programs that address any of the following child health and safety concerns and that are either to be carried out within a two-year period or whose implementation is dependent upon one-time initial funding:

(1)

(A) Child abuse prevention, except that not more than 25 percent of the moneys in this fund that are collected before January 1, 2019, shall be used for this purpose. Ninety percent of the 25 percent shall be deposited in the county children’s trust fund, established pursuant to Section 18966 of the Welfare and Institutions Code, 18966, for the support of child abuse prevention services in the community, and 10 percent of the 25 percent shall be deposited in the State Children’s Trust Fund, established pursuant to Section 18969, for public education, training, and technical assistance.

(2)

(B) Vehicular safety, including restraint warnings and education programs.

(3)

(C) Drowning prevention.

(4)

(D) Playground safety standards.

(5)

(E) Bicycle safety.

(6)

(F) Gun safety.

(7)

(G) Fire safety.

(8)

(H) Poison control and safety.

(9)

(I) In-home safety.

(10)

(J) Childhood lead poisoning.

(11)

(K) Sudden infant death syndrome.
(2) (A) Twenty-five percent of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code that are collected on and after January 1, 2019, shall be available, upon appropriation, to the State Department of Social Services for child abuse prevention. Ninety percent of the 25 percent shall be deposited in the county children’s trust fund, established pursuant to Section 18966, for the support of child abuse prevention services in the community, and 10 percent of the 25 percent shall be deposited in the State Children’s Trust Fund, established pursuant to Section 18969, for public education, training, and technical assistance.
(B) Thirty-five percent of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code that are collected on and after January 1, 2019, shall be available, upon appropriation, to the State Department of Public Health. From this amount, the department may expend, as necessary to fund appropriate administrative support costs, an amount not to exceed 5 percent of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code that are collected on and after January 1, 2019. The moneys less the administrative support cost shall be expended by the department for the following:
(i) Vehicular safety, including restraint, warnings, and education programs.
(ii) Drowning prevention.
(iii) Playground safety standards.
(iv) Pedestrian safety.
(v) Bicycle safety.
(vi) Gun safety.
(vii) Fire safety.
(viii) Poison control and safety.
(ix) In-home safety.
(x) Childhood poisoning.
(xi) Sleep suffocation and sudden infant death syndrome.
(xii) Children left in parked cars and children run over by cars moving forward or backward.
(xiii) Sports-related concussions, heat stroke, and spinal injury safety.
(f) Moneys derived from civil penalties imposed on child day care facility providers shall be made available, upon appropriation, to the State Department of Social Services exclusively for the technical assistance, orientation, training, and education of child day care facility providers.

SEC. 3.

 Section 18285.5 of the Welfare and Institutions Code is amended to read:

18285.5.
 (a) It is the intent of the Legislature that the priorities and programs set forth in subdivisions (d) and (e) paragraph (1) of subdivision (d) and paragraph (1) of subdivision (e) of Section 18285 be funded and implemented in the order they are listed, and that each priority and program may be funded and implemented independently of the other priorities and programs.
(b) The Director of Motor Vehicles and the Director of Social Services shall annually make a determination whether the total annual receipts for the “Have a Heart, Be a Star, Help Our Kids” license plate program established pursuant to Article 8.4 (commencing with Section 5072) of Chapter 1 of Division 3 of the Vehicle Code is that are collected before January 1, 2019, are sufficient to cover the priorities and programs described in subdivisions (d) and (e) paragraph (1) of subdivision (d) and paragraph (1) of subdivision (e) of Section 18285. 18285, in whole or in part. If sufficient funds collected before January 1, 2019, are available to cover any of the priorities or programs described in subdivisions (d) and (e) of Section 18285, those paragraphs, in whole or in part, the department shall implement fund that priority or program.
(c) This section shall remain operative until funds collected before January 1, 2019, and used for the purposes of paragraph (1) of subdivision (d) and paragraph (1) of subdivision (e) of Section 18285 are exhausted.