§ 27-24-1404 — Application process for additional special interest license plate decals

(a) A special interest organization may apply to the Secretary of the Department of Finance and Administration for the creation and issuance of a special license plate that bears a decal for the special interest group under this section beginning on July 1, 2006, and ending on November 1, 2006, and on the same dates each year thereafter. (b) (1) An application submitted under this section shall include the following: (A) A proposed design of the special license plate decal that complies with § 27-24-105(c) and related rules; (B) Documentation to support that the organization is a state agency or a nonprofit organization that has been approved for tax exempt status under Section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2005; (C) The organization's financial plan for the use of the proceeds from the special license plate decal; and (D) An affidavit signed by an official of the organization that states that the proceeds from the special license plate decal will be used according to the financial plan submitted with the application. (2) The secretary shall either approve or deny each application submitted during the fiscal year by July 1 of the following fiscal year. (c) (1) (A) If the request is approved, the secretary shall determine: (i) The fee for the cost of creating a special license plate, including without limitation the cost of: (a) The initial order of a special license plate created under this subchapter; (b) Creating a new design for a special license plate and any subsequent revisions to the design; (c) The computer programming and testing required to add a special license plate to the Department of Finance and Administration's computer system; (d) Maintaining the computer system required under subdivision (c)(1)(A)(i) (c) of this section; and (e) Shipping and distributing a special license plate created under this subchapter to all revenue offices in the state; (ii) The number of applications that must be received to cover the costs provided in subdivision (c)(1)(A)(i) of this section; or (iii) The combination of subdivisions (c)(1)(A)(i) and (ii) of this section that must be received by the department for the creation of a special license plate. (B) (i) The fee remitted under subdivision (c)(1)(A) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration. (ii) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (iii) The fee shall not be considered or credited to the division as direct revenue. (C) The fee required under subdivision (c)(1)(A) of this section does not apply to a special license plate in existence before January 1, 2019. (2) If the secretary denies the application, then: (A) The secretary shall give the applicant written notice of the reasons for the denial; and (B) The applicant may proceed as provided under § 27-24-106 . (d) (1) An organization that applies for the issuance of a special license plate under this section may establish a fee not to exceed twenty-five dollars ($25.00) for the design-use contribution or for fundraising purposes for the issuance and renewal of a special license plate. (2) If an organization establishes a fee for the design-use contribution or fundraising purposes under this subsection, then the organization shall provide: (A) Its financial plan for the use of the proceeds from the special license plate; and (B) An affidavit signed by an official of the organization that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application. (e) An organization's application for a special license plate under this section shall establish the organization's compliance with the following conditions: (1) The organization is a state agency or a nonprofit organization that has been approved for tax exempt status under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005; (2) The organization is based, headquartered, or has a chapter in Arkansas; (3) The purpose of the organization is for social, civic, entertainment, or other purposes; (4) The name of the organization is not the name of a special product or a brand name; (5) The name of the organization is not interpreted by the department as promoting a special product or a brand name; (6) The organization is not a political party; (7) The organization was not created primarily to promote a specific political belief; and (8) The organization shall not have as its primary purpose the promotion of any specific religion, faith, or anti-religion.

Legislative History

Amended by Act 2019, No. 287,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4775, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4774, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4773, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4772, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4771, eff. 7/1/2019. Acts 2005, No. 2202, § 1.