HB 0611

AN ACT establishing a choose life number plate trust fund, and a special motor vehicle license plate and associated fees, to support and promote New Hampshire adoptions.

SPONSORS: Rep. Itse, Rock 80; Rep. McElroy, Hills 61; Rep. McHugh, Hills 61; Rep. Gonzalez, Hills 49; Rep. Easson, Straf 68

This bill establishes a choose life number plate trust fund, and a special motor vehicle license plate and associated fees, to support and promote New Hampshire adoptions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subparagraph; General Revenue Exceptions; Choose Life Number Plate Trust Fund. Amend RSA 6:12, I by inserting after subparagraph (lllllllll) the following new subparagraph:

(mmmmmmmmm) Moneys deposited in the choose life number plate trust fund under RSA 261:97-h.

2 New Subdivision; Choose Life Number Plates and Choose Life Number Plate Trust Fund. Amend RSA 261 by inserting after section 97-f the following new subdivision:

I. The director is hereby authorized to issue special choose life number plates, in lieu of other number plates. The design of these special plates shall be determined as provided in RSA 261:97-j. The plates shall retain the "live free or die" logo. Such plates shall be issued only upon application and upon payment of a $25 fee that shall be in addition to the regular motor vehicle registration fee and any other number plate fees otherwise required.

II. The commissioner is also authorized to issue vanity choose life number plates. The fee for any such vanity choose life number plate shall be the fee as provided in RSA 261:97-g, in addition to the fees for vanity plates which are otherwise established by law. The vanity plate portion of the fee shall be distributed as provided in RSA 261:89 and RSA 263:52.

III. Plates shall be renewed on an annual basis for $25 per set. Of this sum, the department shall retain an amount as is necessary to recover production and administrative costs as approved by the fiscal committee of the general court. The remaining funds shall be paid to the state treasurer and distributed as provided in RSA 261:97-h. The cost of replacement number plates shall be identical to the cost of initial number plates and the revenue from replacement number plates shall be distributed in the same manner as revenue derived from initial number plates.

I. There is hereby established a choose life number plate trust fund under the administration of the state treasurer. The fund shall be used for the promotion of adoption through grants to crisis pregnancy centers, maternity homes, and certain adoption agencies. The fund shall be nonlapsing. The state treasurer shall distribute the funds annually on July 1 as follows: funds shall be distributed to the department of health and human services for distribution in $1,000 grants to adoption agencies or centers whose written applications under RSA 261:97-k are approved by the department of health and human services.

II. Each agency or center receiving funding from the choose life number plate trust fund shall establish a line item in their budget. Moneys received from the choose life number plate trust fund shall be in addition to any other sums appropriated through their regular means and shall not replace base funding received by any of these agencies or centers through their regular means. In addition, each agency or center that receives funds must submit to the treasurer an annual audit of the disposition of funds received from the choose life number plate trust fund, prepared by a certified public accountant.

261:97-i Use of Funds. The moneys in the fund shall be distributed as provided in RSA 261:97-h. The proceeds shall be used as follows:

I. Agencies or centers that receive the funds must designate 60 percent of the funds to provide for the needs of women in crisis pregnancies who are committed to placing their children for adoption, including clothing, housing, medical care, counseling, food, utilities, and transportation. Such funds may also be used on infants or children awaiting placement with adoptive parents.

II. The remaining 40 percent may be used by the agencies and centers for adoption expenses, counseling, training, and advertising, but may not be used for administrative expenses, legal expenses, or capital expenditures.

III. No funds received from the choose life number plate trust fund may be used for the employment of full-time or part-time state employees.

IV. No funds received from the choose life number plate trust fund shall be given to any agency or center that is involved in or associated with abortion advocacy or activities, including, but not limited to, counseling for abortion or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising or advocacy, and funds shall not be given to any agency or center that charges women for services received.

261:97-j New Hampshire Choose Life Number Plate Advisory Committee; Duties; Meetings.

I. A New Hampshire choose life number plate advisory committee is hereby established. The choose life number plate advisory committee shall be composed of the following:

(a) Jointly determine the plate design with final approval by the commissioner of safety. The commissioner of safety shall establish a numbering system and method of distribution.

(b) Register the design with the secretary of state. The commissioner of safety, with the approval of the governor and council, shall have the authority to enter into contractual arrangements for the commercial use of the choose life plate design. Any royalties derived from such contracts shall be deposited into the choose life trust fund created under RSA 261:97-h.

(c) Monitor the implementation of the program through an annual evaluation of funds granted and spent in accordance with RSA 261:97-i.

IV. The committee shall meet at least annually, but more often if necessary. The members shall serve without compensation, except that legislative members of the committee shall receive mileage at the legislative rate. The committee chairperson shall appoint a secretary from within the committee to keep a detailed record of all proceedings.

VI. It shall be the duty of legislative members of the committee to initiate appropriate legislation to ensure that the purposes and goals of the choose life number plate program are being achieved.

261:97-k Applying for and Receiving Funds from the Choose Life Number Plate Trust Fund.

I. To apply for and receive the funds available through the choose life license plate trust fund, an organization shall deliver to the department of health and human services an affidavit signed by a duly appointed representative of that organization that states the following:

(b) The organization does not discriminate for any reason, including, but not limited to, race, marital status, gender, religion, national origin, handicap, or age;

(e) The organization understands that 60 percent of the funds received by the organization can only be used to provide for the material needs of pregnant women who are committed to placing their children for adoption, including clothing, housing medical care, food, utilities, and transportation. Such funds may also be expended on children awaiting placement with adoptive parents. Forty percent of the funds may be used for adoption counseling, training, and advertising;

(f) The organization understands that no funds may be used for administrative expenses, legal expenses, or capital expenditures;

(g) The organization understands that any unused funds at the end of the fiscal year that exceed 10 percent of the funds received by the organization during the fiscal year must be returned to the choose life license plate trust fund; and

(h) The organization understands that each organization that receives such funds must submit to an annual audit of such funds verifying that the funds received were used in the manner prescribed by RSA 261:97-i.

II. Funds may not be distributed to any organization that is involved or associated with abortion activities, including but not limited to: counseling for or referral to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising, and funds may not be distributed to any organization that charges women for services received.

III. Sixty percent of the funds received by an organization can only be used to provide for the material needs of pregnant women who are committed to placing their children for adoption, including clothing, housing, medical care, food, utilities, and transportation. Such funds may also be spent on children awaiting placement to adoptive parents. Forty percent of the funds may be used for adoption, counseling, training, or advertising, but may not be used for administrative expenses, legal expenses, or capital expenditures.

IV. Each organization that receives funds shall submit to an annual audit of such funds verifying the funds received were used in the manner prescribed in this section.

V. Grants shall be distributed to applicants approved by the department of health and human services in the order the applications are approved. Each grant shall be for $1,000. An agency or center may apply for a subsequent grant once it has spent at least 95 percent of the money received in its previous grant. To re-apply, the center shall submit a new application accompanied by an accounting of how the previous grant funds have been used.

261:97-l Plate Use. Plates may be used on passenger motor vehicles and recreation vehicles.

261:97-m Termination of Choose Life Plate Program. If, in any 2-year period, fewer than 6,000 choose life number plates are issued, the commissioner is authorized to cancel the choose life number plate program. The commissioner shall certify the date of termination to the secretary of state and the treasurer. Following termination, grants shall continue to be made under RSA 261:97-k until the funds remaining in the choose life number plate trust fund are exhausted.

The Department of Safety has determined this bill will increase state restricted revenue and expenditures by $125,000 in FY 2004 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.

The Department stated this bill will establish special choose life number plates. The annual fee will be $25, in addition to the normal registration and plate fees already established. Although the number of persons who will choose to purchase these plates is unknown, the Department will use for this purpose the minimum number of plates for any new issue of 5,000 pairs. The Department estimates that the minimum startup cost for any new plate issue is $30,000 for various items, such as computer time, planning time, artist fees, special printing, handling, and accounting. In addition, the cost to manufacture the minimum issue of 5,000 pairs of plates is approximately $67,500, for a total minimum cost of $97,500. If only these plates will be issued and renewed, then additional manufacturing costs will only occur in the first year. Future years will show only additional revenue from renewals. The Department calculated annual restricted revenue of $125,000 ($25 x 5,000 plates) beginning in FY 2004. However, the Department assumes that all of the net revenue will be expended as grants to agencies or centers, therefor, the annual net state revenue will be zero.