SB 538

This bill modifies the process and requirements for the Department of

Transportation to designate authorized special groups and issue special motor

vehicle registration plates to group members. The bill does not affect special plates

for groups enumerated by the legislature.

Under current law, any group or organization (group) may apply to DOT for

designation as an authorized special group and DOT must designate the group as

such if the group: is not organized or operated for profit; is not a political group; is

not a church or an organization operating under a creed; does not promote, practice,

or encourage hatred or discrimination; and does not carry connotations offensive to

good taste or decency or that would be misleading or in conflict with another group.

An application for designation by DOT as an authorized special group must include

a deposit of $15,500. If the application is denied, this deposit is returned to the group.

If the application is approved, the amount of the deposit returned to the group is the

lesser of $12,000 or $15 times the number of special registration plates (special

plates) issued for the group in the first year. An application must also include a

certification by the group that any approval required for use of a logo, trademark, or

other commercial symbol (trademark approval) related to the group has been

obtained and that the group is responsible for any related licensing fees. If DOT

denies an application for designation as an authorized special group, DOT must

promptly give notice to the group stating the reason for the denial, but DOT's decision

is final and not subject to judicial review. If the application is approved, members

of the authorized special group may obtain special plates for certain vehicles,

including automobiles and motor homes, that are owned or leased by special group

members. In addition to the regular registration fee, a fee of $15 is charged for the

issuance or reissuance of these special plates. DOT may not assist a group in the use

of special plates in any fund-raising effort by the group.

Before October 2, 1998, authorized special groups whose members may obtain

special plates were specifically enumerated by statute. With certain exceptions,

current law provides that statutory enumeration of authorized special groups is

limited to those special groups enumerated before October 2, 1998. Current law

specifies that, after October 1, 1998, the process described above by which DOT

designates groups as authorized special groups is the exclusive method for groups

to obtain special plates.

This bill modifies the process and requirements for DOT to designate

authorized special groups and issue special plates to group members. DOT must post

notice on DOT's Internet site of a group's application and the notice must identify the

group applying for designation as an authorized special group and describe the

process by which a person may object to this designation. Within 30 days after this

notice, any person may object in writing to this designation. If a timely objection is

made, DOT must refer the application to the senate and assembly standing