Assigned to TRANS                                                                                                                    FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2647

 

nonprofit corporation leases; technical correction

(NOW: special license plates)

 

Purpose

 

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.

 

Background

 

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).

 

There is no anticipated fiscal impact associated with this legislation.

 

Provisions

 

Unique Special Plates for Indian Nations and Nonprofit Organizations

 

1.      Allows a nonprofit organization or Indian nation to submit a request to ADOT for a special plate unique in color and design.  Organizations and Indian nations may propose the color and design of the special plate.

 

2.      Requires ADOT to submit a nonprofit organization and Indian nation’s request to the LPC.

 

3.      Authorizes the LPC to approve a special plate that is unique in color and design from a nonprofit organization or Indian nation if 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.

 


4.      Requires the LPC to inform ADOT if the special plate is authorized.

 

5.      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.

 

6.      Exempts the LPC from rulemaking for the purpose of authorizing a special plate for an Indian nation or nonprofit organizations.

 

7.      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.

 

8.      Specifies that $8 of the special plate fee is administrative fee and $17 is an annual donation to the Indian nation or nonprofit organization.

 

Standardized Special Plates

 

9.      Requires an organization requesting a special plate to propose indicia to the LPC.

 

10.  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.

 

11.  Requires the organization to submit the applications and fees to ADOT within one year from the LPC’s approval of the special organization plate.

 

12.  Requires an organization to refund all fees to applicants for the special organization plate if the organization fails to comply with statutory requirements.

 

13.  Requires ADOT to begin producing the requested special plate when the Department determines that monies paid for the plates are available for production and program implementation costs.

 

14.  Increases, from 200 to 300, the number of members an organization must have to qualify for a standardized special plate.

 

15.  Clarifies that if an organization has less than 300 members, the organization can request a special plate provided the organization agrees to pay the production and program costs

 

Miscellaneous

 

16.  Defines terms.

 

17.  Makes technical and conforming changes.

 

18.  Provides for a general effective date.

 


House Action

 

TRANS           3/25/02            DPA/SE           9-0-0-1-0

3rd Read           4/2/02                                      45-10-5-0

 

 

Prepared by Senate Staff

April 8, 2002