Bill Text: CA SB608 | 2023-2024 | Regular Session | Introduced


Bill Title: Child health and safety: “Have a Heart, Be a Star, Help Our Kids” license plate program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB608 Detail]

Download: California-2023-SB608-Introduced.html


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 608


Introduced by Senator Becker

February 15, 2023


An act to amend Section 5072 of the Vehicle Code, and to amend Section 18285 of, and to add Section 18286 to, the Welfare and Institutions Code, relating to license plate revenue, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 608, as introduced, Becker. 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 and development planning councils to identify and address childcare needs, among others. 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 continuously appropriate 50% of the fees collected on or after January 1, 2024, to local childcare and development planning councils, as described, for specified purposes, including recruitment and training of new childcare providers. 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, 2024, the bill would also continuously appropriate 5% to the State Department of Public Health in support of the department’s injury prevention branch addressing childhood injury prevention and 20% to county commissions, as specified, 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 10% of the funds allocated to the commissions be allocated 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 support statewide networking of unintentional injury coalitions and support evidence-based technical assistance and training for childhood unintentional injury prevention programs to the county commissions.
Vote: MAJORITY   Appropriation: YES   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 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 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 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, 2024, 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, 2024, 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.

SEC. 3.

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

18286.
 (a) Notwithstanding Section 13340 of the Government Code, 75 percent of the moneys in the Child Health and Safety Fund derived from license plate program fees collected on or after January 1, 2024, pursuant to Section 5072 of the Vehicle Code are continuously appropriated, without regard to fiscal years, to the following:
(1) Five percent of the funds shall be allocated to the State Department of Public Health in support of the department’s injury prevention branch addressing childhood injury prevention.
(2) Twenty percent of the funds 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 housing the California Unintentional Injury Prevention Strategic Plan Project to receive and utilize the funding.
(A) Each county commission electing to receive these funds shall receive an amount as provided in this subparagraph:
(i) 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 paragraph.
(ii) 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 paragraph.
(B) The county commissions receiving these funds can utilize them only for programs that address any of the categories in paragraphs (2) to (15), inclusive, of subdivision (e) of Section 18285 that are either to be carried out within a two-year period or whose implementation is dependent upon one-time initial funding.
(C) The county commissions electing to receive this funding shall use the funds for any of the following:
(i) To support local programs that further unintentional injury prevention in one or any of the unintentional injury categories in paragraphs (2) to (15), inclusive, of subdivision (e) of Section 18285.
(ii) To supplement and not supplant existing funding supporting programs furthering child health and safety and aligned with childhood unintentional injury prevention.
(iii) 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.
(iv) At the county commission’s discretion, to participate with the California Unintentional Injury Prevention Strategic Plan Project pursuant to the project’s responsibilities in subparagraph (D).
(v) 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.
(vi) 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.
(D) Each year, 10 percent of the 25 percent of the funding dedicated to childhood unintentional injury prevention pursuant to this paragraph shall be distributed to the nonprofit providing administration and staffing to the California Unintentional Injury Prevention Strategic Plan Project. The nonprofit organization shall utilize the funding only for the following purposes:
(i) Support statewide networking of local childhood unintentional injury prevention coalitions and programs.
(ii) 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.
(iii) Oversee the updating of childhood unintentional injury prevention strategic planning.
(iv) Planning activities for the biennial Safer California Unintentional Injury Prevention conference.
(v) Support public policy to prevent childhood unintentional injury.
(vi) 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.
(3) Fifty percent of funds shall be allocated to childcare safety and health in accordance with the following:
(A) Eighty-five percent of the funds described in this paragraph shall be allocated to the local childcare planning council described in Section 10485 in each county on a per-capita basis, as follows:
(i) One-half percent of the 85 percent to counties with populations less than 2,000.
(ii) One percent of the 85 percent to counties with populations between 2,000 up to 100,000.
(iii) One and one-third percent of the 85 percent to counties with populations between 100,000 up to 249,999.
(iv) One and two-thirds percent of the 85 percent to counties with populations between 250,000 up to 499,999.
(v) Two percent of the 85 percent to counties with populations between 500,000 and 1,000,000.
(vi) Four percent of the 85 percent to counties with populations over 1,000,000.
(B) Funds allocated pursuant to subparagraph (A) shall be used for one or both of the following:
(i) Recruiting new childcare providers.
(ii) Supporting education and training for new childcare providers or continuing education for existing childcare providers, including licensed and exempt providers.
(C) Fifteen percent of the funds described in this paragraph 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:
(i) 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.
(ii) 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.
(iii) 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.
(b) Twenty-five percent of funds derived from the license plate program fees collected on or after January 1, 2024, pursuant to Section 5072 of the Vehicle Code, shall be available, upon appropriation by the Legislature, for programs that address child abuse prevention pursuant to paragraph (1) of subdivision (e) of Section 18285.

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