(a) The following special license plates that represent various special interests and that were in existence or authorized by law on or before April 13, 2005, shall continue to be issued by the Secretary of the Department of Finance and Administration to a motor vehicle owner who is otherwise eligible to license a motor vehicle in this state and who pays the additional fees for the special license plate unless other eligibility requirements are specifically stated in this subchapter:
(1) Ducks Unlimited;
(2) Committed to Education;
(3) Choose Life;
(4) Susan G. Komen Breast Cancer Education, Research, and Awareness;
(5) Boy Scouts of America;
(6) Arkansas Cattlemen's Foundation;
(7) Organ Donor Awareness; and
(8) Arkansas Realtors Association.
(b) The Department of Finance and Administration shall continue to collect the fee for the design-use contribution or for fundraising purposes, and the following organizations shall continue to receive funds and be authorized to use the funds from the fee for the design-use contribution for special license plates that were in effect before April 13, 2005, and that are continued under this subchapter:
(1) Ducks Unlimited, Inc., for the Ducks Unlimited special license plate;
(2) Arkansas Committed to Education Foundation for the Committed to Education special license plate;
(3) Arkansas Right to Life for the Choose Life special license plate;
(4) Arkansas Affiliate of the Susan G. Komen Foundation for the Susan G. Komen Breast Cancer Education, Research, and Awareness special license plate;
(5) Boy Scouts of America, Quapaw Area Council of Arkansas, for the Boy Scouts of America special license plate;
(6) Arkansas Cattlemen's Foundation for the Arkansas Cattlemen's Foundation special license plate; and
(7) Arkansas Regional Organ Recovery Agency for the Organ Donor Awareness special license plate.
(c)
(1) Within thirty (30) days after April 13, 2005, the secretary shall notify the organizations listed in subsection (b) of this section that received the funds or were authorized to use the funds from a design-use contribution fee for a special license plate that is continued under this chapter and that was in effect before April 13, 2005, and the State Highway Commission of a change in the law regarding special license plates.
(2)
(A) The organization shall submit to the secretary an application that includes the following:
(i) The organization's financial plan for the use of the proceeds from the special license plate; and
(ii) An affidavit signed by an official of the organization that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application.
(B)
(i) The organization shall submit the information required under this subsection within one hundred twenty (120) days after April 13, 2005.
(ii) If the organization fails to comply with this subdivision (c)(2)(B) within one hundred twenty (120) days after April 13, 2005, then the secretary shall notify the organization that proceeds from the special license plate design-use contribution fee will no longer be remitted to the organization or the organization will no longer be able to use the proceeds until the organization complies with this subdivision (c)(2)(B).
(C) The department shall not remit funds to the organization or allow the organization to use the proceeds from the special license plate unless the organization complies with the provisions of this section.
(d) Every special license plate continued under this subchapter shall be discontinued on April 7, 2007, unless an application is submitted to and approved by the secretary ninety (90) days prior to April 1, 2007, that establishes the organization's compliance with the following conditions:
(1) The organization is a state agency or a nonprofit organization that has been approved for tax exempt status under the Internal Revenue Code § 26 U.S.C. 501(c)(3), as in effect on January 1, 2005;
(2) The organization is based, headquartered, or has a chapter in Arkansas;
(3) The purpose of the organization is for social, civic, entertainment, or other purposes;
(4)
(A) Except as provided under subdivision (d)(4)(B) of this section, the name of the organization is not the name of a special product, a trademark, or a brand name.
(B) Subdivision (d)(4)(A) of this section shall not apply to a trademark if the organization or entity with control of the trademark has provided a written authorization for its use;
(5)
(A) Except as provided under subdivision (d)(5)(B) of this section, the name of the organization is not interpreted by the department as promoting a special product, a trademark, or a brand name.
(B) This condition shall not apply to a trademark if the organization or entity with control of the trademark has provided a written authorization for its use;
(6) The organization is not a political party;
(7) The organization was not created primarily to promote a specific political belief; and
(8) The organization shall not have as its primary purpose the promotion of any specific religion, faith, or anti-religion.