REPORT TITLE:
License Plates


DESCRIPTION:
Allows organiztions to raise funds by aplying for special
numbered license plates with decals of the organization.  (SB1534
HD1)

 
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                                                        1534
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO LICENSE PLATES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 249-9.3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]249-9.3[]]  Special number plates; design and issuance
 
 4 by counties.(a)  [Beginning January 1, 1998, in] In lieu of the
 
 5 number plates contracted on behalf of the counties by the
 
 6 director of finance of the city and county of Honolulu, the
 
 7 county directors of finance[, by the affirmative vote of the
 
 8 majority, may authorize the issuance of] shall issue special
 
 9 number plates to any organization [or institution] in the State
 
10 that meets the minimum standards and qualifications established
 
11 under [rules adopted in accordance with subsection (b).] this
 
12 section.  Organizations are authorized to retain the fees
 
13 collected, less expenses, for the special number plates.
 
14      [(b)] The director of finance of the city and county of
 
15 Honolulu, in consultation with the directors of finance of the
 
16 counties of Kauai, Maui, and Hawaii, shall [adopt rules in
 
17 accordance with chapter 91 to:
 
18      (1)  Establish application procedures and eligibility
 
19           standards for organizations or institutions seeking
 

 
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 1           special number plates under this section;
 
 2      (2)  Establish] establish special design parameters and
 
 3           restrictions for decals or graphic representations
 
 4           affixable to special number plates; [and
 
 5      (3)  Set reasonable charges and fees for the recovery of
 
 6           administrative costs incurred as the result of the
 
 7           issuance of special number plates under this section.]
 
 8           provided that the decal shall not be larger than two
 
 9           and one-half inches wide by three inches high.
 
10      (b)  For the purposes of this section, the following terms
 
11 shall have the following meanings:
 
12      "Director" unless indicated otherwise by its context, means
 
13 the county directors of finance.
 
14      "Organization" means an organization of at least one hundred
 
15 members in good standing that is:
 
16      (1)  A not-for-profit organization recognized as such by the
 
17           Internal Revenue Service and whose primary purpose is
 
18           to provide the community with specific programs to
 
19           improve the public's health, education, or general
 
20           welfare;
 
21      (2)  A military service veterans group; or
 
22      (3)  A state or county agency approved by the director.
 
23      An organization includes any school or accredited
 

 
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 1 institution of higher learning or a college or recognized program
 
 2 thereof.
 
 3      "Special number plate" means a license plate with a decal on
 
 4 its face that represents an organization as defined in this
 
 5 section.
 
 6      (c)  Organizations as defined under subsection (b) may apply
 
 7 for a special number plate with the director.  The organization
 
 8 shall design a decal to be placed on the license plate that
 
 9 represents the organization and complies with this section.
 
10      All organizations shall be headquartered in the State;
 
11 provided that an organization that is a chapter or branch of an
 
12 international, national, or regional organization shall be in
 
13 good standing and authorized in writing by the parent
 
14 organization to use the decal design applied for by the
 
15 organization.
 
16      (d)  An organization shall apply for a special number plate
 
17 with the director on an application form prescribed by the
 
18 director.  The application shall include:
 
19      (1)  A design of the organization's decal;
 
20      (2)  A signed notarized statement by an officer of the
 
21           organization that the organization will acquire at
 
22           least one hundred fifty special number plates; and
 
23      (3)  The dollar amount the organization plans to raise from
 

 
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 1           each special number plate.
 
 2      The director shall determine, based on criteria in this
 
 3 section, and the director's discretion, whether an organization's
 
 4 application has been accepted or rejected.  The director shall
 
 5 also seek the approval of an organization's decal design from the
 
 6 county chief of police where the application is made.
 
 7      If the director rejects an application, the director shall
 
 8 state the reasons for the rejection in writing and shall allow
 
 9 the applicant to reapply within a reasonable period after the
 
10 rejection.
 
11      After an organization's application has been approved,
 
12 members of the organization may apply for the organization's
 
13 special number plate.  The director may require proof of
 
14 membership of an organization's members in addition to the
 
15 completion of a form as prescribed by the director.  Special
 
16 number plates shall be issued only to the registered owner of an
 
17 applicant motor vehicle.
 
18      (e)  The design of the decal used on an organization's
 
19 special number plate shall not:
 
20      (1)  Infringe or otherwise violate any trademark, trade
 
21           name, service mark, copyright, or other proprietary or
 
22           property right;
 
23      (2)  Represent any obscene or degrading image, idea, word,
 

 
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 1           or phrase;
 
 2      (3)  Advertise or endorse a product, brand, or service that
 
 3           is provided for sale;
 
 4      (4)  Promote any religious belief; or
 
 5      (5)  Promote any philosophy based on prejudice or that is
 
 6           contrary to state civil rights laws;
 
 7 provided that the decal does not obstruct the visibility of the
 
 8 number or letters or any other information that is required by
 
 9 law to be on the license plate and is readily identifiable and
 
10 distinguishable under actual traffic conditions.
 
11      (f)  The director shall charge a special number plate fee
 
12 equal to the county's cost of providing the special number plate
 
13 plus the organization's fund raising amount applied for under
 
14 subsection (c).  The fee shall be in addition to any other state
 
15 or county fees collected for a motor vehicle registration or
 
16 license plate.  The fund raising portion of the fee shall be
 
17 deposited in the name of the organization in a separate county
 
18 budget account.  The director shall determine the most efficient
 
19 means of reimbursing organizations for their fund raising portion
 
20 of the fee.
 
21      (g)  Registration certificates and special number plates
 
22 issued under this section shall not be transferable to any other
 
23 person.  Prior to the transfer of the ownership of a motor
 

 
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 1 vehicle with special number plates, the registered owner of the
 
 2 motor vehicle shall surrender the special number plates to the
 
 3 director as a condition to the issuance of a new motor vehicle
 
 4 registration and license plates."
 
 5      SECTION 2.  Section 249-9.2, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  In lieu of the number plates contracted on behalf of
 
 8 the counties by the director of finance of the city and county of
 
 9 Honolulu, the director of finance shall provide for a fee, one
 
10 set of special number plates upon the receipt of an application
 
11 together with:
 
12      (1)  Specific proof that the applicant was awarded the
 
13           Purple Heart by the United States Department of Defense
 
14           for wounds received in military or naval combat against
 
15           an armed enemy of the United States;
 
16      (2)  Certification that the applicant is a veteran;
 
17      (3)  Specific proof that the applicant was [providing
 
18           military service to] serving the United States[,] in
 
19           the military or as a civilian, on Oahu, or offshore at
 
20           a distance of not more than three miles at the time of
 
21           the December 7, 1941, attack on Pearl Harbor.
 
22           Certification from the Hawaii state chairperson of the
 
23           Pearl Harbor Survivors Association shall constitute
 

 
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 1           sufficient proof;
 
 2      (4)  Specific proof that the applicant was confined as a
 
 3           prisoner of war while providing military service to the
 
 4           United States; or
 
 5      (5)  Certification from the United States Department of
 
 6           Veterans Affairs or the state office of veterans'
 
 7           services that the applicant is a combat veteran or a
 
 8           veteran of the Vietnam conflict or the Korean conflict
 
 9           or World War II."
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 

 
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