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2004 SESSION


CHAPTER 747
An Act to amend and reenact §§ 46.2-725, 46.2-736.2, 46.2-742 through 46.2-742.2, 46.2-745, 46.2-746.3, 46.2-746.7, 46.2-749, and 46.2-749.4 of the Code of Virginia, relating to special license plates, generally.
[H 900]
Approved April 12, 2004

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.2-725, 46.2-736.2, 46.2-742 through 46.2-742.2, 46.2-745, 46.2-746.3, 46.2-746.7, 46.2-749, and 46.2-749.4 of the Code of Virginia are amended and reenacted as follows:

§ 46.2-725. Special license plates, generally.

A. No series of special license plates shall be created or issued by the Commissioner or the Department except as authorized in this article. No special license plates in any series not provided for in this article and no registration decal for any such license plate shall be issued, reissued, or renewed on or after July 1, 1995. However, subject to the limitations contained in subdivisions 1 and 2 of subsection B of this section, the Commissioner may issue, when feasible, special license plates that are combinations of no more than two series of special license plates authorized in this article and currently issued by the Department; in addition to the state registration fee, the fee for any such combination shall be equal to the sum of the fees for the two series plus the fee for reserved numbers and letters, if applicable. The provisions of subdivisions 1 and 2 of subsection B of this section shall not apply to special license plates that are combinations of two series of special license plates authorized in this article and currently issued by the Department if one of the two combined designs, when feasible, incorporates or includes the international symbol of access.

B. Except as otherwise provided in this article:

1. For special license plates authorized or reauthorized prior to July 1, 2003, no license plates provided for in this article shall be issued until the Commissioner receives at least 350 prepaid applications therefor. In the event that 350 or more prepaid applications have not been received on or before the last day of the second year from the date the license plates were last authorized, no such license plates shall be issued unless the license plates are reauthorized by the General Assembly. Such reauthorized license plates shall remain subject to the provisions of this article.

2. For special license plates authorized or reauthorized on or after July 1, 2003, No license plates provided for in this article shall be developed by the Department until the Commissioner receives (i) an administrative fee of $3,500 from the individual, group, entity, or organization seeking a special license plate authorized under this article or (ii) at least 350 prepaid applications therefor. If 350 or more prepaid applications are submitted to the Commissioner (i) within 180 days of the effective date of the authorization associated with the applications, or (ii) after payment of the administrative fee and within two years of the effective date of the authorization associated with the applications, such license plates shall be developed and issued. Such administrative fee shall be paid by cash or check within 180 days of the effective date of the authorization therefor and shall be refunded in the event 350 or more prepaid applications are submitted to the Commissioner within two years of the effective date of the authorization. If the administrative fee has not been received by the Commissioner by the end of the 180-day period, no such license plates shall be issued. If the administrative fee has been received by the Commissioner by the end of the 180-day period, but 350 or more prepaid applications have not been received on or before the last day of the second year from the date the license plates were last authorized, no such license plates shall be issued and the administrative fee shall not be refunded. If the end of the 180-day period falls on a Saturday, Sunday, or holiday, the 180-day period shall end on the following business day.

3. 2. No additional license plates shall be issued or reissued in any series that, after five or more years of issuance, has fewer than 200 active sets of plates. No such license plates shall be issued or reissued unless reauthorized by the General Assembly. Such reauthorized license plates shall remain subject to the provisions of this article.

4. 3. The annual fee for the issuance of any license plates issued pursuant to this article shall be $10 plus the prescribed fee for state license plates. Applications for all special license plates issued pursuant to this article shall be on forms prescribed by the Commissioner. All special license plates issued pursuant to this article shall be of designs prescribed by the Commissioner and shall bear unique letters and numerals, clearly distinguishable from any other license plate designs, and be readily identifiable by law-enforcement personnel.

No other state license plates shall be required on any vehicles bearing special license plates issued under the provisions of this article.

All fees collected by the Department under this article shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

C. The provisions of this article relating to registration fees shall apply only to those vehicles registered as passenger cars, motor homes, and pick-up or panel trucks, as defined in § 46.2-100. All other vehicle types registered with special license plates shall be subject to the appropriate special license plate fees, registration fees and other fees prescribed by law for such vehicle types.

D. For special license plates that generate revenues that are shared with entities other than the Department, hereinafter referred to as "revenue sharing special license plates," and are authorized or reauthorized on or after July 1, 2003, the General Assembly shall review all proposed revenue sharing special license plate authorizations to determine whether the revenues are to be shared with entities or organizations that (i) provide to the Commonwealth or its citizens a broad public service that is to be funded, in whole or in part, by the proposed revenue sharing special license plate authorization and (ii) are at least one of the following:

1. A nonprofit corporation as defined in § 501 (c) (3) of the United States Internal Revenue Code;

2. An agency, board, commission, or other entity established or operated by the Commonwealth;

3. A political subdivision of the Commonwealth; or

4. An institution of higher education whose main campus is located in Virginia.

No revenue sharing special license plate authorization shall be approved if, as determined by the General Assembly, it does not meet the criteria set forth in this subsection.

§ 46.2-736.2. Special license plates for certain elected or appointed officials.

The Commissioner, on application, shall issue to honorary consuls, upon receipt of written evidence from the United States Department of State that the applicant is an honorary consul on active status, and members of county boards of supervisors, city councils, town councils, state commissions and boards and to other state officials appointed by the Governor special license plates bearing decals or stickers bearing the legend "HONORARY CONSUL" or identifying the commission, board, or office to which the applicant has been elected or appointed.

For the purposes of subdivision B 2 of § 46.2-725, the total number of active plates issued under this section shall be used to determine whether the plates authorized under this section shall continue to be issued.

§ 46.2-742. Special license plates for persons awarded Purple Heart; fee.

On receipt of an application and written evidence that the applicant has been awarded the Purple Heart, the Commissioner shall issue to the applicant special license plates.

For each set of license plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of ten dollars $10 at the time the plates are issued.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

§ 46.2-742.1. Special license plates for persons awarded the Bronze Star, Bronze Star with a "V" for valor, or the Silver Star; fee.

On receipt of an application and written evidence that the applicant has been awarded a Bronze Star, Bronze Star with a "V" for valor, or Silver Star Medal, the Commissioner shall issue to the applicant special license plates.

For each set of license plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of ten dollars $10 at the time the plates are issued.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

§ 46.2-742.1:1. Special license plates; persons awarded the Air Medal or the Air Medal with a "V" for valor.

On receipt of an application and written evidence that the applicant has been awarded an Air Medal or an Air Medal with a "V" for valor, the Commissioner shall issue to the applicant special license plates.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

§ 46.2-742.2. Special license plates for persons awarded the Navy Cross, the Distinguished Service Cross, the Air Force Cross, or the Distinguished Flying Cross.

On receipt of an application and written evidence that the applicant has been awarded the Navy Cross, the Distinguished Service Cross, the Air Force Cross, or the Distinguished Flying Cross, the Commissioner shall issue to the applicant special license plates.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

For each set of license plates issued under this section the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of $10 at the time the plates are issued.

§ 46.2-745. Special license plates for persons awarded the Medal of Honor; fees.

On receipt of an application and written confirmation from one of the armed services that the applicant has been awarded the Medal of Honor, the Commissioner shall issue special license plates to such persons and to unremarried surviving spouses of such persons. No fee shall be charged for the issuance of these license plates.

It shall be unlawful for any person who is not a person described in this section to willfully and falsely represent himself as having the qualifications to obtain the special license plates herein provided for.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

§ 46.2-746.3. Special license plates for members of certain military reserve organizations.

The Commissioner, on application therefor, shall issue special license plates to members of the Air Force Reserve, the Army Reserve, the Coast Guard Reserve, the Marine Reserve, and the Naval Reserve. Such special license plates may, when feasible, bear decals or stickers identifying the reserve organization of which the applicant is a member.

The provisions of subdivision B 2 of § 46.2-725 shall not apply to license plates issued under this section.

§ 46.2-746.7. Special license plates for members of certain civic and fraternal organizations.

On receipt of an application and written evidence that the applicant is a member of such organization, the Commissioner shall issue special license plates to members of the following organizations: the Exchange Club, the Jaycees, Job's Daughters, the Kiwanis, the Lions of Virginia, Optimist International, Rotary International, Ruritan National, the Freemasons, the Shriners, the Most Worshipful Prince Hall Grand Lodge of Virginia, the Order of the Eastern Star, the Knights of Columbus, and college and university fraternities and sororities.

No license plates shall be developed and issued for college or university fraternities or sororities until the Commissioner receives 350 or more prepaid applications and a design for each new series. All other license plates authorized under this section shall be subject to the development and issuance provisions of subdivision B 1 of § 46.2-725.

§ 46.2-749. Issuance of license plates bearing seal, symbol, emblem, or logotype of certain institutions of higher education; fees.

A. On receipt of an application, the Commissioner may develop and issue for any accredited college or university located in Virginia, in accordance with policies and procedures established by the Commissioner and in accordance with an agreement between the institution and the Department, special license plates bearing the seal, symbol, emblem, or logotype of that institution of higher education.

On receipt of a minimum of 350 prepaid applications and a design therefor, the Commissioner may develop and issue special license plates bearing the seal, symbol, emblem or logotype of such institutions that are located outside Virginia, in accordance with policies and procedures established by the Commissioner and in accordance with an agreement between the institution and the Department.

For each set of license plates issued hereunder, the Commissioner shall charge, in addition to the prescribed cost of state license plates, an annual fee of twenty-five dollars $25.

B. Any institution of higher education that enters into an agreement with the Department pursuant to this section thereby waives any royalty fees to which it might otherwise be entitled for use of its seal, symbol, emblem, or logotype as provided in this section. However, any such institution located in Virginia shall annually receive an allocation of fifteen dollars $15 for each set of license plates in excess of 1,000 registrations pursuant to the institution's agreement with the Department during the term of the agreement. The allocated funds shall be deposited by the Department into the state treasury and credited to the relevant institution to be used to support scholarships for eligible undergraduate students enrolled in the institution. Only students who (i) are bona fide domiciliaries of Virginia as defined in § 23-7.4 and (ii) are enrolled in educational programs whose primary purpose is not to provide religious training or theological education shall be eligible to receive such scholarships.

The State Council of Higher Education for Virginia shall review and approve plans for each participating institution for the implementation of these scholarship programs. These plans shall include, but need not be limited to, criteria for the awarding of the scholarships and procedures for determining the recipients.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section for any institution of higher education located in Virginia. The provisions of subdivision B 1 of § 46.2-725 shall not apply to license plates issued under this section for any institution of higher education located outside Virginia.

§ 46.2-749.4. Special license plates bearing the seal, symbol, emblem, or logotype of certain localities.

On receipt of a minimum of 350 paid applications and a design therefor, the Commissioner may design develop and issue special license plates whose design incorporates the seal, symbol, emblem, or logotype of any county, city or town. If all affected localities agree as to its design, the Commissioner may design develop and issue special license plates jointly for more than one locality.

The annual fee for plates issued pursuant to this section shall be $25 plus the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid to the locality whose seal, symbol, emblem, or logotype appears on the plate. These funds shall be paid to the affected localities annually and may be used as provided by the local governing body. For license plate issued jointly for more than one locality, these funds shall be apportioned among the affected localities as agreed to with the Commissioner prior to issue.

The provisions of subdivision B 1 of § 46.2-725 shall not apply to license plates issued under this section.