nonprofit corporation
leases; technical correction
HB 2647 expands the authority of the License Plate Commission (LPC) to include approval of license plates with unique colors and design provided the requesting non-profit organization or Indian Nation pays the Arizona Department of Transportation (ADOT) for the production and implementation costs of the plate. The strike everything amendment also modifies existing requirements for standardized special license plate requests and authorization of special license plates by the LPC.
History:
Laws 1992, Chapter 208, established the License Plate Commission (LPC) and gave the LPC authority to issue special license plates to qualifying non-profit organizations. This statute provideds the LPC authority to issue conforming special plates, if the requesting organization submitted a sufficient number of applications to pay for the production and program costs of the license plate. Fees for issuance and renewal of special plates authorized by the LPC are statutorily set at $25. Of the $25, eight dollars is retained as an administration fee for deposit into the State Highway Fund. The remaining $17 was to be deposited into the Highway User Revenue Fund.
Laws 1999, Chapter 159 reduced the number of members from 500 to 200 that an organization must have to qualify for a special organization plate and allowed organization with less than 200 members to request LPC approval for a special plate provided the organization agrees to pay the production and program costs of the special plate. In addition, Chapter 159 prescribed that of the $25 special plate issuance and renewal fee, $17 is an annual donation to the organization and authorized ADOT to transmit the $17 license plate donations as specified in a written resolution of the organization. Chapter 159 also established that for all future special plates authorized by the LPC, ADOT is to only issue one special license plate to each qualified vehicle owner.
Provisions:
· Provides authority to the LPC to approve a request from a non-profit organization or Indian Nation for a license plate that is unique in color and design. Upon approval, the LPC shall inform ADOT that the special plate is authorized.
· Requires the ADOT director to ensure consistency regarding placement of the state name, year and validating tabs, placement and size of lettering and numbering and any other items the director deems necessary.
· Prohibits the department from issuing unique design plates approved by the LPC until the non-profit organization or Indian Nation pays production and programming costs for the plates. Requires the department to deposit this money in the State Highway Fund (SHF).
· Prescribes that of the $25 unique special plate issuance and renewal fee, $17 is an annual donation to the organization and the remaining $8.00 is a special plate administration fee to be deposited in the SHF to offset administration costs for issuing unique special plates.
· Authorizes ADOT to transmit the $17 license plate donations as specified in a written resolution of the organization.
· Requires ADOT to file with the Secretary of State a document for publication in the Arizona Administrative Code the name of each unique special plate authorized and issued.
· Defines “commission,” Indian nation” and “organization.”
· Makes technical and conforming changes.
Changes to the Standardized Special Plate Application and Issuance Process
· Requires the non-profit organization to propose suggested indicia to the LPC for the standardized special plate request.
· Specifies that the LPC “may” authorize a standardized special plate requested by an organization based upon the LPC’s determination that the organization meets statutory requirements.
· Adds a condition allowing the LPC to refuse a standardized special plate request if the LPC previously authorized a standardized special plate for a similar organization or cause.
· Requires the organization to submit applications and fees for a standardized special plate to ADOT within one year from the date the LPC approves the plate. Current statute mandates that the organization must submit applications by January 1 of any calendar year. If the organization fails to comply with the statutory requirements, the organization must refund all fees to the applicants.
· Specifies that ADOT will begin producing an approved standardized special plate when it determines that the monies paid for the plates are available to the state for production and program implementation costs.
· Increases the number of members from 200 to 300 that an organization must have to qualify for a standardized special plate.
· Modifies the provision allowing an organization with less than 200 members to request LPC approval for a special plate provided the organization agrees to pay the production and program costs of the special plate to state that the organization must have less than 300 members.
·
Makes technical and conforming changes
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45th Legislature
Second Regular Session 3 April 6, 2002
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