HLS 10RS-1814 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 1165 BY REPRESENTATIVE ARNOLD AND SENATOR CROWE MTR VEHICLE/LICEN PLATES: Establishes the New Orleans Saints License Plate AN ACT1 To enact R.S. 47:463.141, relative to motor vehicle special prestige license plates; to honor2 the 2009 World Champion New Orleans Saints; to provide for the creation and3 issuance of such plates; to provide for the design of such plates; to provide relative4 to the fee and application of the fee for such plates; to create a foundation and5 provide for foundation members; to authorize the promulgation of rules and6 regulations; and to provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 47:463.141 is hereby enacted to read as follows:9 ยง463.141. Special prestige license plates; "World Champion New Orleans Saints";10 distribution of royalty fees11 A. The secretary of the Department of Public Safety and Corrections shall12 establish a special prestige motor vehicle license plate to commemorate the New13 Orleans Saints World Football Champions for the 2009 season, provided that there14 is a minimum of one thousand applicants for such plates. These license plates shall15 be restricted to use on passenger cars, pickup trucks, recreational vehicles, and vans.16 B. The prestige license plate shall be issued, upon application, to any person,17 in the same manner as any other motor vehicle license plate.18 C. The licence plate shall be designed by the New Orleans Saints in19 consultation with the state of Louisiana, through the office of motor vehicles.20 HLS 10RS-1814 ORIGINAL HB NO. 1165 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. D. The charge for the special prestige license plate shall be the standard1 motor vehicle license tax imposed by Article VII, Section 5 of the Constitution of2 Louisiana plus an annual royalty fee of twenty-five dollars for each plate, to be3 collected by the department every two years upon renewal of the plate. A handling4 fee of three dollars and fifty cents shall also be charged and retained by the5 department to offset a portion of administrative costs.6 E. The first three hundred plates shall be reserved for purchase at the7 direction of the New Orleans Saints.8 F. Within thirty days of the establishment of the special prestige license9 plate, a Louisiana nonprofit corporation, in the form of a foundation, will be created10 exclusively for the purpose of reviewing and awarding funds generated from the sale11 of the plates. The foundation's governing documents shall comply with the12 requirements for a tax exempt status pursuant to 26 U.S.C. 501(a) as an organization13 described by 26 U.S.C. 501(c)(3).14 (G) The foundation board shall have a governing board which shall consist15 of the following members:16 (1) The governor shall appoint one member who is the head of a state agency17 that is associated with youth fitness programs related to health and wellness18 education, or a parks and recreations director.19 (2) The speaker of the House of Representatives shall appoint one member20 who is the head of a state agency that is associated with youth fitness programs21 related to health and wellness education, or a parks and recreations director.22 (3) The president of the Senate shall appoint shall one member who is the23 head of a state agency that is associated with youth fitness programs related to health24 and wellness education, or a parks and recreations director.25 (4) The New Orleans Saints shall appoint four members.26 H.(1) The annual royalty fee shall be collected by the department and27 forwarded to the foundation. The monies received from the royalty fees shall be28 used solely to provide grants to a nonprofit organization or organizations which are29 HLS 10RS-1814 ORIGINAL HB NO. 1165 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. exempt from federal income taxes pursuant to 26 U.S.C. 501(c)(3) which are1 operating within Louisiana to promote and otherwise enhance youth fitness programs2 related to health and wellness education and enhance parks and encourage recreation.3 (2) To the extent possible the money to be distributed pursuant to Paragraph4 (1) of this Subsection, shall be distributed on a parish-by parish-basis, to be5 determined by the number of plates sold in that parish.6 I. The foundation shall perform an annual accounting verifying the funds7 collected and distributed pursuant to Subsection G of this Section. A copy of that8 accounting shall be mailed to the legislative auditor.9 J. The secretary shall adopt rules and regulations as are necessary to10 implement the provisions of this Section.11 Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor12 and subsequently approved by the legislature, this Act shall become effective on July 1,13 2010, or on the day following such approval by the legislature, whichever is later.14 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Arnold HB No. 1165 Abstract: Establishes a special prestige motor vehicle license plate to commemorate the New Orleans Saints World Football Champions for the 2009 season. To provide for the creation, issuance, and design of the plates. Provides for fees and the creation of a foundation and its members. Provides for rules. Proposed law establishes a special prestige motor vehicle license plate honoring the 2009 World Campion New Orleans Saints, provided there is a minimum of 1,000 applicants for the plates. These license plates shall be restricted to use on passenger cars, pickup trucks, recreational vehicles, and vans. Proposed law requires the secretary of DPS&C to consult with the New Orleans Saints as to the design of the plate. Proposed law provides for the standard motor vehicle license tax imposed plus an annual royalty fee of $25 for each plate to be collected every two years. A handling fee of $3.50 shall also be collected and retained by the department to offset a portion of administrative costs. Proposed law provides that the first 300 plates shall be reserved for purchase at the direction of the New Orleans Saints. HLS 10RS-1814 ORIGINAL HB NO. 1165 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law provides that, within 30 days of the establishment of the special prestige license plate, a Louisiana nonprofit corporation, in the form of a foundation, will be created exclusively for the purpose of reviewing and awarding funds generated from the sale of the plates. The members of the foundation's governing board shall be as follows: (1)The governor shall appoint the head of a state agency that is associated with youth, fitness programs related to health and wellness education, or a parks and recreations director. (2)The speaker of the House of the House of Representatives shall appoint the head of a state agency that is associated with youth, fitness programs related to health and wellness education, or a parks and recreations director. (3)The president of the Senate shall appoint the head of a state agency that is associated with youth, fitness programs related to health and wellness education, or a parks and recreations director. (4)The New Orleans Saints shall appoint four members. Proposed law provides that an annual royalty fee shall be collected by the department and forwarded to the foundation. The monies received from the royalty fees shall be used solely to provide grants to a nonprofit organization or organizations which are exempt from federal income taxes pursuant to 26 U.S.C. 501(c)(3). Proposed law provides that the foundation shall perform an annual accounting verifying the funds collected and distributed. A copy of that accounting shall be mailed to the Legislative Auditor. Proposed law provides that, to the extent possible, the intent is that the money to be distributed, will be distributed on a parish-by parish-basis, to be determined by the number of plates sold in that parish. Proposed law requires the secretary to adopt rules and regulations as are necessary to implement proposed law. Effective July 1, 2010. (Adds R.S. 47:463.141)