department of revenue
Division of Motor Vehicles – Titles and Registration Section
1 ccr 204-14 
GROUP SPECIAL LICENSE PLATES 
1.0 	Definitions
1.1	“Group Special License plate” – means a special license plate that is not a distinctive plate and is issued to a group of people because such people have a common interest or affinity.

1.2	“Non-Profit” (“Not for Profit”) – means to be tax-exempt as an organization described in IRC Sections 501(c)(3) of the Code, an organization must be organized and operated exclusively for one of more of the purposes set forth in IRC Section 501(c)(3) and none of the earning of the organization may inure to any private shareholder or individual.  In addition, it may not attempt to influence legislation as a substantial part of its activities and it may not participate at all in campaign activity for or against political candidates.

1.3	“Department” – means the department of revenue of this state acting directly or through its duly authorized officers and agents.  

2.0 	Requirements for Group Special License Plates approved before January 1, 2001.

2.1	Group Special License Plates include Denver Firefighter, Raptor Education Foundation, Benevolent and Protective Order of the Elks, 10th Mountain Division, Air Force Commemorative, Columbine, Greyhound Lovers, Firefighter, Knights of Columbus, Masonic Family, Naval Reserve and the Pioneer plate.

2.2	Through an agreement, pursuant to rulemaking authority and promulgated rules, made with the department prior to January 1, 2001, these plates will be issued either with no pre-certification qualifier presented by the applicant or with a pre-certification qualifier that consists of proof of membership or appropriate status in the organization sponsoring the Group Special License Plate.

2.3	Group Special License Plates shall be issued only to individuals who are residents of the State of Colorado.

2.4	Group Special License Plates shall be issued only to passenger vehicles and light trucks that weigh less than 16,000 pounds empty weight, and motor homes.

2.5	All approved Group Special License plate sponsors shall be required to affirm, in writing, agreement to these rules and regulations.

2.6	Any non-profit organization approved for a Group Special License Plate with a financial qualifier, shall within ninety (90) days of the end of the organization’s fiscal year, provide to the department a “sources and uses of funds report” that is prepared by an independent certified public accounting firm, that summarizes the amount and use of the money collected by the organization from the qualifiers for the Group Special License Plate.  The annual report shall include verification that the entity continues to operate as a non-profit organization.

2.7	Group Special License Plate sponsors shall maintain non-profit status at all times.  For those sponsoring organizations that do not require a financial qualifier, proof of non-profit status shall be submitted to the department annually prior to June 1st.

2.8	If at any time, it is determined that the Group Special License plate sponsor is not a non-profit organization, the department shall take action to either repeal the plate or administer the plate qualifications at the department.    

2.9	In the event that an audit results in adverse findings, the department may require additional information to support the non-profit organization’s claims and may repeal the plate through discontinuation of the production and issuance of the Group Special License Plate. Vehicle owners, whose vehicle is registered with a Group Special license plate that has been repealed, will be required to replace the Group Special license plate with a different plate upon the next registration renewal of their vehicle.  These vehicle owners will be notified of this requirement through the renewal notice process.   

2.10	Effective July 1, 2007, and every year thereafter, there shall be three thousand (3,000) active registrations for each Group Special License Plate created by this rule.  If any plate type has less than three thousand (3,000) active registrations, the department shall repeal that plate through discontinuation of the production and issuance of the plate.  Vehicles registered with a group special license plate that has been repealed, will be required to replace the group special license plate with a different plate upon the next registration renewal of the vehicle.  These vehicle owners will be notified of this requirement through the registration renewal notice process.

2.11	If a Group Special License Plate is repealed either due to adverse audit findings or for having issued less than 3,000 plates, the non-profit organization may have the option to re-apply for a new Group Special License Plate after a period of five (5) years has elapsed from the effective date of repeal.  To re-apply for the Group Special License Plate, all established requirements outlined in the Group Special License Plate Process as set forth in 3.0 below, must be met, and such plates shall be deemed to no longer comply with the requirements for plates issued prior to January 1, 2001.  

2.12	No items or documentation (i.e., thank you note, requests for contributions etc.) will be issued with the Group Special License Plates on behalf of the non-profit organization of the Group Special License Plate.  The department will not, at any time, align or associate itself with the non-profit organization sponsoring a Group Special License Plate.	

3.0 	Requirements and Process for Group Special License Plates Plates Approved After January 1, 2001. 

3.1	Requirements

A.	Group Special License Plates must be designed within the formats established by the department as the department shall have final approval of the design.

B.	The department may deny any application request in which the design may be considered to carry connotations offensive to the average citizen or which could be misleading.

C.	Applications shall not be approved and/or submitted to the Executive Director until the names, addresses and county of residence is provided to the department for at least three thousand (3,000) individuals requesting the Group Special License Plate. This list must be provided in both paper format and electronic format as required by the department.  Petition sheets are only valid on the proposed Group Special License Plate and are not transferable between Group Special License Plates sponsors.  Petition sheets are valid for a period of two years from the date submitted to the department.  Should the non-profit organization be unable to obtain a bill sponsor, or final approval from the General Assembly, within the two year period, the petition process must be completed again requiring the non-profit organization to obtain a new set of at least three thousand (3,000) signatures.

D.	In addition to the completed application the requesting non-profit organization must provide proof of tax exemption status via 501-c letter from the Internal Revenue Service, or a letter from the State of Colorado, Secretary of State Office confirming that they are a non-profit organization doing business under State law. 

E.	The requesting non-profit organization shall provide a written descriptor of the use of any funds collected by the non-profit organization for certificate and qualification purposes of the Group Special License Plate.  If available the requesting non-profit organization should provide a copy of the organization’s Charter and/or Articles of Incorporation.

F.	Group Special License Plates shall only be issued to individuals who are residents of the State of Colorado.

G.	Group Special License Plates shall only be issued to passenger vehicles and light truck vehicles that weigh less than 16,000 pounds empty weight, and motor homes.  If it is the desire of the organization to allow the Group Special License plate to be issued to motorcycles, the proposed legislation must reflect the authority to allow motorcycles to be registered with the Group Special License Plate. 

H.	Upon approval of the Group Special License Plate and prior to initial production, all design costs shall be paid by the Group Special License Plate sponsor.

I.	The logos, designs, and colors provided by the non-profit organization for use on the Group Special License Plates are to be owned and/or registered to that requesting non-profit organization.  The non-profit organization shall provide, in writing, to the department, permission for use of all logos, designs, and colors for the use in designing, production, manufacture and issuing of Group Special License Plates as the department may require.

J.	Logo, color or format changes to current Group Special License Plates must be submitted in writing to the department by the non-profit organization applying for creation of the Group Special License Plate.  A report shall be made to the department Operations Director for Titles and Registrations including the written request and all supporting documentation for review and approval.  Supporting documentation may include, but is not limited to, issuance trends, current inventory levels, and costs associated with changes.  If approved, the non-profit organization for the Group Special License Plate shall prepay all design costs before plate production shall commence.  Should approval be granted while existing inventory is in circulation and the non-profit organization for the Group Special License Plate requests that new plates be implemented immediately, the department may require that non-profit organization to pay all fees associated with the recall, collection and destruction of existing inventory.  No new manufacture shall be approved on Group Special License Plates that have been approved for change unless statewide inventory levels are at or below current inventory management methodology.

K.	A non-profit organization proposing the creation of a Group Special License Plate may request that pre-certification criteria be established by that non-profit organization prior to the issuance of the Group Special License Plate.  These pre-certifications may be, but are not limited to, membership in the non-profit organization of the Group Special License Plate, specified levels of contributions to the non-profit organization in which the Group Special License Plate represents, or a certification document.  The department shall not be responsible for the certification and/or collection of any fees involved in the pre-certification process for the non-profit organization of the Group Special License Plate.  The non-profit organization may provide persons seeking to obtain Group Special License Plates with a certification letter.  This letter shall be in the design and format as established, or pre-approved by the department.

L.	The department reserves the right to audit any monies collected and efforts made in the name of a Group Special License Plate.  This may include, but is not limited to, accounting, financial, procedures, tax, and certification audits. Within ninety (90) days of the end of the organization’s fiscal year, the non-profit organization shall provide to the department a “sources and uses of funds report” that is prepared by an independent certified public accounting firm, that summarizes the amount and use of the money collected by the organization from the qualifiers for the Group Special License Plate.  The annual report shall include verification that the organization continues to operate as a non-profit organization.    
 
M.	In the event that an audit results in adverse findings, the department may require additional information to support the organization’s claims and may retire the plate through discontinuation of the production and issuance of the Group Special License Plate. Vehicle owners, whose vehicle is registered with a Group Special License Plate that has been repealed, shall be required to replace the Group Special License Plate with a different plate upon the next registration renewal of their vehicle.  These individuals shall be notified of this requirement through the renewal notice process.   

N.	If a Group Special License Plate is repealed due to adverse audit findings or less than 3,000 plates are registered, the organization may have the option to re-apply for a new Group Special License Plate after a period of five (5) years has elapsed from the date of retirement.  To re-apply for the Group Special License Plate, all established requirements must be met and the non-profit organization must go through the complete application process for the creation of a new Group Special License Plate.   

O.	No items or documentations (i.e., thank you note, requests for contributions etc.) shall be issued with the Group Special License Plates on behalf of the non-profit organization of the Group Special License Plate.  The department shall not, at any time, align or associate itself with the non-profit organization of the Group Special License Plate.	

P.	Personalization of Group Special License Plates must be authorized by statute.  All personalization shall comply with current license plate regulations and shall result in the Group Special License Plate logo/symbol being removed.

Q.	The department shall not provide resident information to the non-profit concerning the number or expiration months of Group Special License Plates issued.  No vehicle owner information shall be provided at any time to the non-profit organization.

R.	Only non-profit organizations operating in the State of Colorado shall be allowed to apply for the creation of a Group Special License Plate.  Any funds collected in the process of certification by a non-profit organization for the issuance of Group Special License Plates are to remain, and be used, in Colorado.  Proof of the use of the funds shall be provided via the “annual sources and uses of funds report”.  If funds are transferred out of the State of Colorado and/or the non-profit organization relocates its operations outside of Colorado the Group Special License plate shall be repealed.  Vehicle owners, whose vehicle is registered with a Group Special License Plate that has been repealed, shall be required to replace the Group Special License Plate with a different plate upon the next registration renewal of their vehicle.   
  
S.	Use of corporate (for profit) logos shall not be approved for use on the Group Special License Plate.  Should the non-profit be associated under, or be a division of a “for profit” organization the use of that “for profit” logo shall not be allowed on Group Special License Plates.  The non-profit organization shall work with the department to design a logo for the Group Special License Plate.  The department shall have final approval authority on all logo designs and placement on the Group Special License Plates.  Use of national symbols shall be approved at the discretion of the department.  

T.	All applicants shall be required to affirm, in writing, agreement to these rules and regulations.

U.	The approved non-profit organization must affirm in writing to the department if the authority of the Group Special License Plate is transferred to a successor organization.  Upon acceptance of the transfer of authority by the department, the successor organization shall be required to affirm in writing agreement to the established rules and regulations in regards to Group Special License Plates.  

3.2	Application Process

A.	Upon request the department shall provide an information packet which shall include: Procedures for requesting the creation of a Group Special License Plate, guidelines for design criteria, qualifications and procedures outlining the process of the non-profit organization proposing such Group Special License Plate.

B.	The department, Registration Section, shall accept application letters and applications for Group Special License Plates as completed by the requesting non-profit organization.  Applications shall only be accepted from non-profit organizations.  Group Special License Plates shall not be approved for any entity conducted for profit.

C.	The department License Plate Manager shall review all application to determine if the statutory requirements have been met.  Once all statutory requirements are met the License Plate Manager shall send written notification to the non-profit organization proposing the Group Special License Plate stating that all statutory requirements have been met and the application has been submitted for review and/or approval.

D.	Within thirty (30) days of the License Plate Manager notification, the application shall be presented to the department Executive Director for certification and approval. Written notification shall be submitted to the non-profit organization proposing the Group Special License Plate detailing the approval status and the process to be followed to proceed with the creation of the Group Special License Plate.  

E.	Upon receipt of the approval letter the non-profit organization proposing the Group Special License Plate has the sole responsibility to obtain a bill sponsor for proposed legislation.  

F.	If the proposed legislation is not approved by the general assembly the application and all supporting documentation shall be kept on file with the License Plate Manager for a minimum of three (3) years.

G.	If the proposed legislation is passed by the general assembly the approved Group Special License Plates shall be implemented as designated by the legislation.  Production of, and initial supply of approved Group Special License Plates shall be based on a percentage of the signatures of interested individuals provided at the time of application.  After initial production and supply the inventory of the Group Special License Plate shall comply with the current inventory management methodology.