ARIZONA STATE SENATE
Phoenix, Arizona
nonprofit corporation
leases; technical correction
(NOW: special license
plates)
Authorizes the License Plate
Commission (LPC) to approve unique special plates requested by Indian nations
and qualified nonprofit organizations.
H.B. 2647 also modifies requirements for the request, authorization and
issuance of standardized special license plates and requires an Indian Nation
or organization requesting a special or unique plate to submit a petition with
1000 signatures.
Legislation enacted in 1992
established the LPC to authorize and issue standardized special license plates
to qualifying organizations. (Laws 1992, Chapter 208) This legislation also specified a $25 fee to pay for the
production and programming costs of the special plates. Eight dollars of the fee was kept by the
Arizona Department of Transportation (ADOT) as an administrative fee, the remaining
monies were deposited in the highway user revenue fund.
Legislation enacted in 1999
authorized the LPC to transmit $17 of the special plate fee to the organization
as an annual donation and reduced the number of members a qualifying
organization must have from 500 to 200 (Laws 1999, Chapter 159).
In her veto message,
Governor Hull expressed concerns about the transfer of authority for the
approval of special license plates with unique designs from the legislature to
a citizen's commission. The Governor
was also concerned about the State's liability when the LPC rejects a request
from an organization with an unpopular cause.
Governor Hull believes it is more appropriate for the Legislature and
the Executive to approve distinct special license plates.
There is no anticipated
fiscal impact associated with this legislation.
1. Authorizes the LPC to approve a special plate that is unique in color and design from a nonprofit organization or Indian nation if the LPC determines the following requirements are met:
a)
The
primary activity of the organization or Indian nation serves the community,
contributes to the welfare of others and is not offensive or discriminatory.
b)
The
purpose does not promote a specific product or brand.
c)
The
purpose does not promote a specific religion, faith or anitreligious belief.
2. Requires a nonprofit organization or Indian Nation requesting a special unique plate to provide the LPC with a petition signed by at least 1000 individuals or members of the organization or Indian Nation expressing an interest that the special unique plate be authorized.
3. Requires an organization or Indian nation to submit a proposal for the color and design of the special unique plate within 90 days of ADOT's approval of the organization's or Indian nation's application. If the organization or Indian nation fails to submit the proposal within 90 days, the organization or Indian nation must restart the application process.
4. Requires ADOT to prescribe the form and content of the petition.
5. Requires the petition to include the purpose of the donation and a description of the organization.
6. Authorizes ADOT to verify petition signatures.
7. Requires ADOT to submit a nonprofit organization and Indian nation’s request to the LPC.
8. Requires the LPC to inform ADOT if the special plate is authorized.
9. Prohibits ADOT from issuing the special plates unless the nonprofit organization or Indian nation pays the Department’s production and program costs. ADOT is required to deposit these funds into the state highway fund.
10. Provides the LPC with rulemaking authority for the purpose of authorizing a special plate for an Indian nation or nonprofit organizations.
11. Requires ADOT to file a document that names each authorized and issued special plate to the Secretary of State for publication in the Administrative Code.
12. Specifies that $8 of the special plate fee is administrative fee and $17 is an annual donation to the Indian nation or nonprofit organization.
13. Requires an organization to submit a proposal for suggested indicia for the special organization plate within 90 days of ADOT's approval of the organization application. If the organization fails to submit the proposal within 90 days, the organization must restart the application process.
14. Adds the requirement that the LPC has not previously authorized a special organization plate for a similar organization or cause to the conditions that must be met before the LPC can authorize a special plate.
15. Requires an organization requesting a special plate to submit a petition signed by at least 1000 members of the organization or individuals an interest that the plate be authorized.
16. Requires ADOT to prescribe the form and content of the petition.
17. Requires the petitions to include the purpose of the donation and description of the organization.
18. Requires the organization be responsible for issuing applications for the special plate.
19. Requires the organization to submit the applications and fees to ADOT within one year from the LPC’s approval of the special organization plate.
20. Requires an organization to refund all fees to applicants for the special organization plate if the organization fails to comply with statutory requirements.
21. Requires ADOT to begin producing the requested special plate when the Department receives the applications and monies paid for production and program implementation costs.
22. Increases, from 200 to 300, the number of members an organization must have to qualify for a standardized special plate.
23. Provides the LPC with rulemaking authority for the authorization of special organization plates.
24. Defines terms.
25. Makes technical and conforming changes.
26. Provides for a general effective date.
Amendments
Adopted by Transportation Committee
· Makes a conforming change.
Amendments
Adopted by Committee of the Whole
1. Eliminates Indian Nations from certain requirements that must be met before the LPC can authorize a unique special plate.
2. Requires an organization or Indian Nation requesting a special or unique special plate to provide the LPC with a petition signed by at lease 2000 individuals or members of the organization expressing an interest that the plate be authorized.
3. Requires ADOT to invalidate any petition that does not include a purpose statement.
4. Eliminates the ability of an organization with fewer than 300 members from requesting a special organization plate.
5. Clarifies that ADOT must begin production within one year after receiving the applications, fees and any additional program implementation cost as determined by the LPC.
6. Requires the organization be responsible for issuing applications for the special plates.
7. Redefines "organization."
Amendments
Adopted by Conference Committee
1. Reduces the number of signatures required on a petition from 2000 to 1000.
2. Requires the petition to include the purpose of the donation and a description of the organization.
3. Requires ADOT to prescribe the form and content of the petition.
4. Authorizes ADOT to verify petition signatures.
5. Prohibits the organization or Indian nation from applying for a special organization or special unique plate for five years if ADOT determines any signatures on the petition have been falsified.
6. Provides the LPC with rulemaking authority for the authorization of special organization and special unique plates.
7. Requires an organization to submit a proposal for suggested indicia for the special organization plate within 90 days of ADOT's approval of the organization's application.
8. Requires an organization or Indian nation to submit a proposal for the color and design of the special unique plate within 90 days of ADOT's approval of the organization's or Indian nation's application.
9. Reinserts Indian nations to meet the prescribed requirements before the LPC can authorize a unique special plate.
TRANS 3/25/02
DPA/SE 9-0-0-1-0 TRANS 4/11/02
DPA 4-1-3-0
3rd Read 4/2/02 45-10-5-0 3rd
Read 4/25/02 17-11-2-0
Final Read 5/15/02 46-12-2-0 Final Read 5/21/02 23-2-5-0
Vetoed by Governor 6/4/02
Prepared by Senate Staff
June 7, 2002