Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB506 Engrossed / Bill

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words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 506
BY SENATOR CROWE AND REPRESENTATI VE ARNOLD 
MOTOR VEHICLES. Creates the special prestige license plate honoring the World
Champion New Orleans Saints with proceeds to go to charity. (7/1/10)
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 plate;"World Champion New Orleans10
Saints"; distribution of royalty fees11
A. The secretary of the Department of Public Safety and Corrections12
shall establish a special prestige motor vehicle license plate to commemorate the13
New Orleans Saints World Football Champions for the 2009 season, provided14
that there is a minimum of one thousand applicants for such plates. The license15
plate shall be restricted to use on passenger cars, pickup trucks, recreational16
vehicles, and vans.17 SB NO. 506
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The prestige license plate shall be issued, upon application, to any1
person, in the same manner as any other motor vehicle license plate.2
C. The license plate shall be designed by the New Orleans Saints in3
consultation with the state of Louisiana, through the office of motor vehicles.4
D. The charge for the special prestige license plate shall be the standard5
motor vehicle license tax imposed by Article VII, Section 5 of the Constitution6
of Louisiana plus an annual royalty fee of twenty-five dollars for each plate, to7
be collected by the department every two years upon renewal of the plate.  A8
handling fee of three dollars and fifty cents shall also be charged and retained9
by the department to offset a portion of administrative cost.10
E.  The first three hundred plates shall be reserved for purchase at the11
direction of the New Orleans Saints.12
F.  Within thirty days of the establishment of the special prestige license13
plate, a Louisiana nonprofit corporation, in the form of a foundation, shall be14
created exclusively for the purpose of reviewing and awarding funds generated15
from the sale of the plates. The foundation's governing documents shall comply16
with the requirements for tax exempt status pursuant to 26 U.S.C. 501(a) as an17
organization described by 26 U.S.C. 501(c)(3).18
G.  The foundation shall have a governing board composed of seven19
members who shall be appointed as follows:20
(1) The governor shall appoint one member who is the head of a state21
agency that is associated with youth, fitness programs related to health and22
wellness education, or a parks and recreations director.23
(2)  The speaker of the House of Representatives shall appoint one24
member who is the head of a state agency that is associated with youth, fitness25
programs related to health and wellness education, or a parks and recreations26
director.27
(3) The president of the Senate shall appoint one member who is the28
head of a state agency that is associated with youth, fitness programs related to29 SB NO. 506
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health and wellness education, or a parks and recreations director.1
(4)  The New Orleans Saints shall appoint four members.2
H. (1)  The annual royalty fee shall be collected by the department and3
forwarded to the foundation.  The money received from the royalty fees shall4
be used solely to provide grants to a nonprofit organization or organizations5
which are exempt from federal income taxes pursuant to 26 U.S.C. 501(c)(3)6
which are operating within Louisiana to promote and otherwise enhance youth7
fitness programs related to health and wellness education and to enhance parks8
and encourage recreation.9
(2) To the extent possible, the money to be distributed pursuant to10
Paragraph (1) of this Subsection, shall be distributed on a parish-by-parish11
basis, to be determined by the number of plates sold in that parish.12
I. The foundation shall be subject to the provisions of R.S.13
24:513A(1)(b)(iv).14
J. The secretary shall adopt rules and regulations as are necessary to15
implement the provisions of this Section.16
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor17
and subsequently approved by the legislature, this Act shall become effective on July 1,18
2010, or on the day following such approval by the legislature, whichever is later.19
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Sharon F. Lyles.
DIGEST
Crowe (SB 506)
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
shall also be collected and retained by the department to offset a portion of administrative SB NO. 506
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 Louisiana nonprofit corporation, in the form of a foundation, shall 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.
Proposed law provides that the foundation is subject to the provisions of R.S.
24:513A(1)(b)(iv) relative to the legislative auditor.
Proposed law provides that, to the extent possible, the money to be distributed, shall 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill.
1. Provides that the foundation is subject to the provisions of R.S.
24:513A(1)(b)(iv) relative to the legislative auditor.