Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1165 Engrossed / Bill

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Regular Session, 2010
HOUSE BILL NO. 1165
BY REPRESENTATIVES ARNOLD, ARMES, AUBERT, HENRY BURNS, DI XON,
DOERGE, FRANKLIN, GISCLAIR, HILL, HOWARD, SAM JONES, NORTON,
AND POPE 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 HLS 10RS-1814	ENGROSSED
HB NO. 1165
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C. The license plate shall be designed by the New Orleans Saints in1
consultation with the state of Louisiana, through the office of motor vehicles.2
D. The charge for the special prestige license plate shall be the standard3
motor vehicle license tax imposed by Article VII, Section 5 of the Constitution of4
Louisiana plus an annual royalty fee of twenty-five dollars for each plate, to be5
collected by the department every two years upon renewal of the plate. A handling6
fee of three dollars and fifty cents shall also be charged and retained by the7
department to offset a portion of administrative costs.8
E. The first three hundred plates shall be reserved for purchase at the9
direction of the New Orleans Saints.10
F.  Within thirty days of the establishment of the special prestige license11
plate, a Louisiana nonprofit corporation, in the form of a foundation, will be created12
exclusively for the purpose of reviewing and awarding funds generated from the sale13
of the plates. The foundation's governing documents shall comply with the14
requirements for a tax exempt status pursuant to 26 U.S.C. 501(a) as an organization15
described by 26 U.S.C. 501(c)(3).16
G. The foundation board shall have a governing board which shall consist17
of the following members:18
(1) The governor shall appoint one member who is the head of a state agency19
that is associated with youth fitness programs related to health and wellness20
education, or a parks and recreations director.21
(2) The speaker of the House of Representatives shall appoint one member22
who is the head of a state agency that is associated with youth fitness programs23
related to health and wellness education, or a parks and recreations director.24
(3) The president of the Senate shall appoint one member who is the head25
of a state agency that is associated with youth fitness programs related to health and26
wellness education, or a parks and recreations director.27
(4)  The New Orleans Saints shall appoint four members.28 HLS 10RS-1814	ENGROSSED
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H.(1) The annual royalty fee shall be collected by the department and1
forwarded to the foundation. The monies received from the royalty fees shall be2
used solely to provide grants to a nonprofit organization or organizations which are3
exempt from federal income taxes pursuant to 26 U.S.C. 501(c)(3) which are4
operating within Louisiana to promote and otherwise enhance youth fitness programs5
related to health and wellness education and enhance parks and encourage recreation.6
(2) To the extent possible the money to be distributed pursuant to Paragraph7
(1) of this Subsection, shall be distributed on a parish-by-parish basis, to be8
determined by the number of plates sold in that parish.9
I. The foundation shall perform an annual accounting verifying the funds10
collected and distributed pursuant to Subsection H of this Section. A copy of that11
accounting shall be mailed to the legislative auditor.12
J. The secretary shall adopt rules and regulations as are necessary to13
implement the provisions of this Section.14
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor15
and subsequently approved by the legislature, this Act shall become effective on July 1,16
2010, or on the day following such approval by the legislature, whichever is later.17
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 Champion 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 HLS 10RS-1814	ENGROSSED
HB NO. 1165
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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.
Proposed law provides that, within 30 days of the establishment of the special prestige
license plate, a La. 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 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)