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Indiana Code Title 9. Motor Vehicles § 9-18.5-12-3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 3. (a) A special group that seeks initial participation in the special group recognition license plate program must submit a completed application to the bureau not later than April 1 for potential issuance in the following year.  The application must contain the following:

(1) The name and address of the resident agent of the special group.

(2) Evidence of governance by a board of directors consisting of at least five (5) members, a majority of whom are outside directors, who meet at least semiannually to establish policy for the special group and review the accomplishments of the special group.

(3) A copy of the:

(A) ethics statement;

(B) constitution and bylaws;  and

(C) articles of incorporation as an entity that is exempt from federal income taxation under Section 501(c) of the Internal Revenue Code;

of the special group.

(4) Copies of the last three (3) consecutive:

(A) annual reports;  and

(B) annual generally accepted auditing standards or government auditing standards audits;

of the special group.

(5) Evidence of appropriate use of resources and compliance with federal and state laws, including evidence of appropriate management and internal controls in order to ensure:

(A) compliance with law;

(B) that finances are used in compliance with the purpose statement of the special group;  and

(C) maintenance as an entity that is exempt from taxation under Section 501(c) of the Internal Revenue Code.

(6) Evidence of transparency of financial and operational activities to include availability of current financial statements at any time upon the request of the bureau or a donor to the special group.

(7) Evidence of internal controls to prevent conflict of interest by board members and employees.

(8) A petition with the dated signatures of at least one thousand (1,000) residents of Indiana, obtained during a single calendar year, who pledge to purchase the special group recognition license plate.

(9) A statement of the designated use of any annual fee to be collected by the bureau.

(10) A copy of a certified motion passed by the board of directors of the special group requesting that the special group recognition license plate be issued by the bureau and stating the designated use of any annual fee to be collected by the bureau.

(11) Evidence of statewide public benefit from the special group.

(12) Evidence of statewide public benefit from the use of the annual fee collected by the bureau.

(13) Evidence that the special group's use of the annual fee to be collected by the bureau and the organizational purpose statement of the special group conform with at least one (1) of the following categories:

(A) Direct health care or medical research.

(B) Fraternal or service organizations.

(C) Government and quasi-government.  For purposes of this clause, a special group that designates the use of the fees collected for deposit in the capital projects fund established by IC 9-18.5-28-5(a) is considered to have a quasi-government purpose.

(D) Military and veterans' affairs.

(E) Public and transportation safety.

(F) A state educational institution (as defined in IC 21-7-13-32) or an approved postsecondary educational institution (as defined in IC 21-7-13-6) for scholarships for Indiana residents.

(G) Agriculture, animals, and environment.

(14) Evidence that the organization has prohibitions and internal controls prohibiting advocacy of the following:

(A) Violation of federal or state law.

(B) Violation of generally accepted ethical standards or societal behavioral standards.

(C) Individual political candidates.

(b) The bureau shall review the application for a special group recognition license plate that has been submitted to the bureau under subsection (a).  Upon satisfaction to the bureau of the completeness of the information in the application, the bureau shall forward the application to the executive director of the legislative services agency in an electronic format under IC 5-14-6 for review by the committee.

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Cite this article: FindLaw.com - Indiana Code Title 9. Motor Vehicles § 9-18.5-12-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-9-motor-vehicles/in-code-sect-9-18-5-12-3/

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