§249-9.3 Special number plates; design and
issuance by counties. (a) In lieu of the number plates contracted on
behalf of the counties by the director of finance of the city and county of
Honolulu, the county directors of finance shall issue special number plates to
any organization in the State that meets the minimum standards and
qualifications established under this section. Organizations are authorized to
retain the fees collected, less expenses, for the special number plates.
The director of finance of the city and county
of Honolulu, in consultation with the directors of finance of the counties of
Kauai, Maui, and Hawaii, shall establish special design parameters and
restrictions for decals or graphic representations affixable to special number
plates; provided that the decal shall not be larger than three inches wide by
three inches high.
(b) For the purposes of this section, the
following terms shall have the following meanings:
"Director" unless indicated otherwise
by its context, means the county directors of finance.
"Organization" means:
(1) A not-for-profit organization recognized as such
by the Internal Revenue Service and whose primary purpose is to provide the
community with specific programs to improve the public's health, education, or
general welfare;
(2) A military service veterans group;
(3) A state or county agency approved by the
director; or
(4) Any school or accredited institution of higher
learning or a college or recognized program thereof.
"Special number plate" means a
license plate with a decal on its face that represents an organization as
defined in this section.
(c) Organizations as defined under subsection
(b) may apply for a special number plate with the director. The organization
shall design a decal to be placed on the license plate that represents the
organization and complies with this section.
All organizations shall be headquartered in the
State; provided that an organization that is a chapter or branch of an
international, national, or regional organization shall be in good standing and
authorized in writing by the parent organization to use the decal design
applied for by the organization.
(d) An organization shall apply for a special
number plate with the director on an application form prescribed by the
director. The application shall include:
(1) A design of the organization's decal;
(2) A signed notarized statement by an officer or
director of the organization that the organization will acquire at least one
hundred fifty special number plates; and
(3) The dollar amount the organization plans to raise
from each special number plate.
The director shall determine, based on criteria
in this section, and the director's discretion, whether an organization's
application has been accepted or rejected. The director shall also seek the
approval of an organization's decal design from the county chief of police
where the application is made.
If the director rejects an application, the
director shall state the reasons for the rejection in writing and shall allow
the applicant to reapply within a reasonable period after the rejection.
After an organization's application has been
approved, a motor vehicle owner may apply for the organization's special number
plate. The director may require the completion of a form as prescribed by the
director. Special number plates shall be issued only to the registered owner
of an applicant motor vehicle.
(e) The design of the decal used on an
organization's special number plate shall not:
(1) Infringe or otherwise violate any trademark,
trade name, service mark, copyright, or other proprietary or property right;
(2) Represent any obscene or degrading image, idea,
word, or phrase;
(3) Advertise or endorse a product, brand, or service
that is provided for sale;
(4) Promote any religious belief; or
(5) Promote any philosophy based on prejudice or that
is contrary to state civil rights laws;
provided that the decal does not obstruct the
visibility of the number or letters or any other information that is required
by law to be on the license plate and is readily identifiable and
distinguishable under actual traffic conditions.
(f) The director shall charge a special number
plate fee equal to the county's cost of providing the special number plate plus
the organization's fundraising amount applied for under subsection (d). The
fee shall be in addition to any other state or county fees collected for a
motor vehicle registration or license plate. The fundraising portion of the
fee shall be deposited in the name of the organization in a separate county
budget account. The director shall determine the most efficient means of
reimbursing organizations for their fundraising portion of the fee.
(g) The director may revoke the approval of an
organization's application for special number plates if the total number of
registered vehicles that obtained the special number plates is less than one
hundred fifty within three years of receiving approval to issue the
organization's special number plate. Upon the revocation of the approval, the
director shall return the unused decals to the organization.
(h) Nothing in this section shall be construed
to apply to special number plates issued pursuant to section 249-9.2. [L 1997,
c 326, §1; am L 1999, c 208, §4; am L 2000, c 13, §1; am L 2005, c 8, §1]