2005 Arizona Revised Statutes - Revised Statutes §28-2404  Special organization plates; state highway fund account; definitions

A. An organization may submit a request to the department on a form prescribed by the department for a special organization plate. In the request the organization may propose suggested indicia for the special organization plate that are indicative of the organization. If the department determines the organization meets the requirements of an organization as defined in this section, the department shall submit the request for a special organization plate to the license plate commission established by section 28-2405.

B. The commission shall determine and inform the department whether the requested special organization plate is authorized. The commission shall authorize a special organization plate if the organization meets the following requirements:

1. The primary activity or interest of the organization serves the community, contributes to the welfare of others and is not offensive or discriminatory in its purpose, nature, activity or name.

2. The name of the organization or any part of the organization's purpose does not promote any specific product or brand name that is provided for sale.

3. The purpose of the organization does not promote a specific religion, faith or antireligious belief.

C. If the commission authorizes the special organization plate pursuant to subsection B of this section, section 28-2403 and the following requirements and procedures apply:

1. The department shall inform the organization of the authorization by the commission of the requested special organization plate and the requirements of this subsection.

2. The organization shall collect and hold applications from its members and the required fees for the special organization plates.

3. The organization shall refund all fees to applicants if the department refunds the fees to the organization.

4. The organization shall submit the applications and fees to the department by January 1 of any calendar year.

5. The department shall design and issue the requested special plate within one year after receiving the applications and fees if the department determines that both of the following apply:

(a) The applicants are qualified for the requested special plate.

(b) The monies paid for the plates are available to the state.

D. The determination of the commission of whether to authorize a special organization plate and of the department of whether to issue a special organization plate as required by this section is not subject to the rule making provisions of title 41, chapter 6. The department shall file with the secretary of state a document for publication in the administrative code with the department's rules that names each special organization plate that is authorized and issued pursuant to this section.

E. Monies collected pursuant to this section shall be deposited in a separate account of the state highway fund pending the determination required by subsection C, paragraph 5 of this section. The department shall deposit, pursuant to sections 35-146 and 35-147, the fees received with applications for each special organization plate in the state highway fund account. The department shall use the monies in the account to provide refunds to an organization if special organization plates are not issued. Monies in the account that are not refunded shall be deposited as required by law.

F. Eight dollars of the fee prescribed in section 28-2402 for original special plates and the renewal of special plates issued under this section is a special plate administration fee and seventeen dollars is an annual donation to the organization. If the fees are not refunded and the special plates are issued pursuant to this section, the department shall retain the special plate administration fees in the state highway fund established by section 28-6991 to cover administration costs and shall transmit the donations as authorized in a written resolution of the organization.

G. For the purposes of this section:

1. "Commission" means the license plate commission established by section 28-2405.

2. "Organization" means an entity that is organized as a nonprofit corporation pursuant to title 10, chapters 24 through 40 and that either:

(a) Certifies to the department that the organization has at least two hundred members.

(b) If the organization has fewer than two hundred members, agrees to pay the production and program costs of the special organization plate as determined by the commission.