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AB-2828 Child health and safety: “Have a Heart, Be a Star, Help Our Kids” license plate program.(2023-2024)

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Date Published: 02/15/2024 09:00 PM
AB2828:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2828

Introduced by Assembly Member Bains

February 15, 2024

An act to amend Section 5072 of the Vehicle Code, and to amend Section 18285 of, and to add Sections 18286, 18287, and 18288 to, the Welfare and Institutions Code, relating to license plate revenue.


LEGISLATIVE COUNSEL'S DIGEST


AB 2828, as introduced, Bains. Child health and safety: “Have a Heart, Be a Star, Help Our Kids” license plate program.
Existing law requires the Department of Motor Vehicles to issue “Have a Heart, Be a Star, Help Our Kids” special license plates and imposes additional fees, as specified, for their issuance, renewal, replacement, and transfer. Existing law requires that those additional fees be deposited in the Child Health and Safety Fund, less specified amounts. Existing law requires that 50% of the funds derived from the “Have a Heart, Be a Star, Help Our Kids” license plates be available, upon appropriation, to the State Department of Social Services for administering various provisions related to childcare licensing, as specified. Existing law requires that, upon appropriation by the Legislature, the balance be available, as described, for programs that address other categories of potential childhood injury, as specified. Existing law requires counties to create local childcare resource and referral programs to identify childcare resources and establish a referral process for parents, among other things. Existing law also creates the California Children and Families Commission to promote, support, and improve early childhood development. Existing law provides for funding to county commissions that develop, adopt, promote, and implement local early childhood development programs consistent with specified goals and objectives.
This bill would increase the fees for the initial issuance and renewal of the “Have a Heart, Be a Star, Help Our Kids” license plates. The bill would allocate, upon an appropriation by the Legislature, 50% of the fees collected on or after January 1, 2026, to local childcare resource and referral programs, for specified purposes, including recruitment and training of new childcare providers, and to the State Department of Social Services for administering the above-described childcare licensing provisions, in equal measure except that in no case shall the allocation to the department be less than the amount appropriated in the 2022–2023 fiscal year. The bill would require a portion of the funds to be allocated to the agency having oversight of new and continuing childcare provider health and safety education and training program curriculum for specified purposes. Of the fees collected on or after January 1, 2026, the bill would allocate a portion to the State Department of Public Health in support of addressing childhood injury prevention and a portion to county commissions, as prescribed, that elect to receive funding and would limit the spending of those funds for certain purposes, including administering the California Unintentional Injury Prevention Strategic Plan Project. The bill would require that no more than 5% of the funds allocated to address childhood injury prevention be available to the nonprofit organization that provides administrative and staff support to the California Unintentional Injury Prevention Strategic Plan Project and would require the nonprofit organization to report annually to the State Department of Public Health on its activities and support evidence-based technical assistance and training for childhood unintentional injury prevention programs to the county commissions.
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 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 California Highway Patrol and the Prison Industries 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 that 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 dollars ($90) for the initial issuance of the plates. These plates shall be permanent and shall not be required to be replaced.
(B) Forty dollars ($40) Eighty dollars ($80) for each renewal of registration which that 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) Forty dollars ($40) 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) thirty dollars ($30) 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 Section 5072 of the Vehicle Code and from civil penalties on child daycare facility providers.
(c) Moneys Except as provided in subdivision (g), moneys in the fund shall be expended, upon appropriation by the Legislature, for the purposes specified in subdivisions (d), (e), and (f).
(d) Fifty percent of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code before January 1, 2026, 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 according to the following priorities:
(1) Site visits performed pursuant to Sections 1597.091 and 1597.55b of the Health and Safety Code.
(2) The monitoring responsibility of the childcare advocate program.
(3) Training for investigative and licensing field staff.
(4) Other aspects of the childcare advocate program performed pursuant to Section 1596.872b of the Health and Safety Code.

(5)The salary of the chief of the childcare licensing branch.

In

(5) The salary of the chief of the childcare licensing branch. 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) The balance of funds remaining after the appropriations specified in subdivision (d) derived from the license plate program pursuant to Section 5072 of the Vehicle Code before January 1, 2026, shall be available, upon appropriation, 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) Child abuse prevention, except that not more than 25 percent of the moneys in this fund 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, 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) Vehicular safety, including restraint, warnings, and education programs.
(3) Drowning prevention.
(4) Playground safety standards.
(5) Pedestrian Safety. safety.
(6) Bicycle safety.
(7) Gun safety.
(8) Fire safety. Home fire and burn safety and family disaster planning.
(9) Poison control and safety.
(10) In-home safety.
(11) Childhood poisoning, including from prescription medications, lead, and other toxic substances.
(12) Sleep suffocation and sudden infant death syndrome.
(13) Children left in parked cars and children run over by cars moving forward or backward.
(14) Sports-related concussions, heat stroke, cardiac arrest, and spinal injury safety.
(15) Unintentional injuries associated with mental health.
(f) Moneys derived from civil penalties imposed on daycare 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 daycare facility providers.
(g) Funds derived from the license plate program pursuant to Section 5072 of the Vehicle Code after January 1, 2026, shall be available, upon an appropriation by the Legislature, pursuant to Sections 18286, 18287, and 18288.

SEC. 3.

 Section 18286 is added to the Welfare and Institutions Code, to read:

18286.
 For the purpose of childcare licensing, recruitment, and training, 50 percent, or the amount necessary to meet the requirements of subdivision (a), of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code after January 1, 2026, shall be available, upon appropriation as follows:
(a) Fifty percent of the allocation in this section, but not less than the allocation appropriated by the Legislature during the 2022–23 fiscal year to the State Department of Social Services for the purpose of administering the 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. 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 according to the following priorities:
(1) Site visits performed pursuant to Sections 1597.091 and 1597.55b of the Health and Safety Code.
(2) The monitoring responsibility of the childcare advocate program.
(3) Training for investigative and licensing field staff.
(4) Other aspects of the childcare advocate program performed pursuant to Section 1596.872b of the Health and Safety Code.
(5) The salary of the chief of the childcare licensing branch. 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.
(b) The remainder of funds allocated by this section shall be allocated to local childcare resource and referral programs, described in Chapter 2 (commencing with Section 10217) of Part 1.8, and the state agency having oversight of new and continuing childcare provider health and safety education and training program curriculum, as follows:
(1) Ninety percent of the funds described in this subdivision shall be allocated to the local childcare resource and referral program, described in Chapter 2 (commencing with Section 10217) of Part 1.8, in each county on a per-capita basis, as follows:
(A) One-half percent of the 90 percent to counties with populations less than 2,000.
(B) One percent of the 90 percent to counties with populations between 2,000 up to 100,000.
(C) One and one-third percent of the 90 percent to counties with populations between 100,000 up to 249,999.
(D) One and two-thirds percent of the 90 percent to counties with populations between 250,000 up to 499,999.
(E) Two percent of the 90 percent to counties with populations between 500,000 and 1,000,000.
(F) Four percent of the 90 percent to counties with populations over 1,000,000.
(2) Funds allocated pursuant to paragraph (1) shall be used for one or both of the following purposes:
(A) Recruiting new childcare providers.
(B) Supporting education and training for new childcare providers or continuing education for existing childcare providers, including licensed and exempt providers.
(3) Ten percent of the funds described in this subdivision shall be allocated to the state agency having oversight of new and continuing childcare provider health and safety education and training program curriculum to be used for the following purposes:
(A) Review and approval of childcare provider health and safety education and training as established in Chapter 1.1 (commencing with Section 100000.1) of Division 9 of Title 22 of the California Code of Regulations.
(B) Onsite reviews of approved education and training programs to ensure approved curriculum is adhered to and to observe the quality of the education and training program delivery.
(C) Coordination with relevant bodies involved in improving access, quality, and affordability of childcare, including, but not limited to, childcare provider recruitment and planning agencies, academic institutions, and childcare and child development agencies or councils.

SEC. 4.

 Section 18287 is added to the Welfare and Institutions Code, to read:

18287.
 Fifty percent of the remaining funds after the appropriations specified in Section 18286, but not more than 25 percent of the funds derived from the license plate program pursuant to Section 5072 of the Vehicle Code, after January 1, 2026, shall be available, upon appropriation, for child abuse prevention programs that are either to be carried out within a two-year period or whose implementation is dependent upon one-time initial funding, as follows:
(a) Ninety percent of funds allocated pursuant to this section 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.
(b) Ten percent of funds allocated pursuant to this section shall be deposited in the State Children’s Trust Fund, established pursuant to Section 18969, for public education, training, and technical assistance.

SEC. 5.

 Section 18288 is added to the Welfare and Institutions Code, to read:

18288.
 Fifty percent of the remaining funds after the appropriations specified in Section 18286, but not more than 25 percent of the funds derived from the license plate program pursuant to Section 5072 of the Vehicle Code, after January 1, 2026, shall be available, upon appropriation, for programs that address childhood injury prevention that are either to be carried out within a two-year period or whose implementation is dependent upon one-time initial funding, as follows:
(a) Eighty-five percent of the funds in this section shall be allocated to those First 5 county commissions, created pursuant to Section 130140.1 of the Health and Safety Code, that elect in an annual survey conducted each fiscal year by the nonprofit organization housing the California Unintentional Injury Prevention Strategic Plan Project and reported to the state agency charged with allocation of funds to the First 5 county commissions.
(1) Each county commission electing to receive these funds shall receive an amount as provided in this paragraph:
(A) County commissions in counties with populations over 100,000 shall receive equal shares of 80 percent of the available funds for distribution to county commissions opting into receiving these funds based on the survey completed pursuant to this subdivision.
(B) County commissions in counties with populations under 100,000 shall receive equal shares of 20 percent of the available funds for distribution to county commissions opting into receiving these funds based on the survey completed pursuant to this subdivision.
(2) The county commissions receiving these funds shall use them for any of the following purposes that address any of the categories of childhood injury listed in subdivision (d) for children of all ages or a specified age range appropriate for the unintentional injury issue being addressed:
(A) To support local programs that further unintentional injury prevention in one or any of the unintentional injury categories in subdivision (d).
(B) To supplement and not supplant existing funding supporting programs furthering child health and safety and aligned with childhood unintentional injury prevention.
(C) On promoting and practicing those evidence-based best prevention practices addressing childhood unintentional injury provided or recommended by the California Unintentional Injury Prevention Strategic Plan.
(D) At the county commission’s discretion, to participate with the California Unintentional Injury Prevention Strategic Plan Project pursuant to the project’s responsibilities in subdivision (c).
(E) Where appropriate, collaborate with regional or local childhood unintentional injury prevention coalitions or programs, including childhood unintentional injury prevention coalitions or programs in tribal lands.
(F) The commissions may use the funds described in this section to participate at the annual California Children and Families Commission conference or biennial Safer California Unintentional Injury Prevention conference.
(b) Ten percent of the funds identified in this section shall be distributed to the State Department of Public Health to provide all of the following:
(1) Technical assistance and distribution of evidence-based prevention practices information to childhood injury prevention programs engaged in childhood injury prevention issue categories in subdivision (d).
(2) Oversight and accountability of programs conducted under this section as reported annually to the State Department of Public Health by the organization providing administration and staffing for the California Unintentional Injury Prevention Strategic Plan Project pursuant to subdivision (c).
(3) Planning, financial, and attendance support to the biennial Safer California Unintentional Injury Prevention Conference.
(c) Five percent of the funds identified in this section shall be allocated to the nonprofit organization providing administration and staffing to the California Unintentional Injury Prevention Strategic Plan Project, known as the Safer California Project, with responsibility to:
(1) Support statewide networking of local childhood unintentional injury prevention coalitions and programs.
(2) Support evidence-based, best-practice technical assistance and training programs for childhood unintentional injury prevention, including sharing successful local models of unintentional injury prevention, for local prevention coalitions, programs, and county commissions as described in Section 130140.1 of the Health and Safety Code.
(3) Support the updating of childhood unintentional injury prevention strategic planning identification of the top 10 action priorities necessary to support the state ending unintentional injury as the leading cause of death and hospitalizations of California’s children and youth through 19 years of age.
(4) Planning activities for the biennial Safer California Unintentional Injury Prevention conference.
(5) Support public policy to prevent childhood unintentional injury.
(6) Conduct an annual survey of the county commissions created through Section 130140.1 of the Health and Safety Code to determine which of the county commissions elect to receive this funding, and to transmit that survey result to the state for distribution of the funding to the county commissions.
(7) Provide the State Department of Public Health with an annual report on actions carried out pursuant to this subdivision.
(d) The funds in this section shall be used to address childhood injury prevention in any of the following categories:
(1) Vehicular safety, including restraint, warnings, and education programs.
(2) Drowning prevention.
(3) Playground safety standards.
(4) Pedestrian safety.
(5) Bicycle safety.
(6) Gun safety.
(7) Home fire and burn safety and family disaster planning.
(8) Poison control safety.
(9) In-home safety.
(10) Childhood poisoning, including from prescription medications, lead, and other toxic substances.
(11) Sleep suffocation and sudden infant death syndrome.
(12) Children left in parked cars and children run over by cars moving forward or backward.
(13) Sports-related concussions, heat stroke, cardiac arrest, and spinal injury safety.
(14) Unintentional injuries associated with mental health.