H.B. 259

1

GOLD STAR FAMILY SPECIAL GROUP
2 LICENSE PLATE AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis Oda
6 Senate Sponsor: Carlene M. Walker
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending Gold Star Family special
11 group license plate provisions.
12 Highlighted Provisions:
13 This bill:
14 . permits any recipient of a gold star award issued by the United States Secretary of
15 Defense to receive the Gold Star Family special group license plate;
16 . eliminates provisions addressing plate design; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 41-1a-418, as last amended by Laws of Utah 2007, Chapters 173, 217, and 325
25 41-1a-421, as last amended by Laws of Utah 2007, Chapters 173 and 217
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 41-1a-418 is amended to read:
29 41-1a-418. Authorized special group license plates.
30 (1) The division shall only issue special group license plates in accordance with this
31 section through Section 41-1a-422 to a person who is specified under this section within the
32 categories listed as follows:
33 (a) disability special group license plates issued in accordance with Section 41-1a-420 ;
34 (b) honor special group license plates, as in a war hero, which plates are issued for a:
35 (i) survivor of the Japanese attack on Pearl Harbor;
36 (ii) former prisoner of war;
37 (iii) recipient of a Purple Heart;
38 (iv) disabled veteran; or
39 (v) recipient of a gold star award issued by the United States Secretary of Defense [if
40 the recipient is the spouse, parent, or sibling of a servicemember killed];
41 (c) unique vehicle type special group license plates, as for historical, collectors value,
42 or other unique vehicle type, which plates are issued for a:
43 (i) special interest vehicle;
44 (ii) vintage vehicle;
45 (iii) farm truck; or
46 (iv) vehicle powered by clean fuel and for which a current clean special fuel certificate
47 is maintained as provided in Section 59-13-304 ;
48 (d) recognition special group license plates, as in a public official or an emergency
49 service giver, which plates are issued for a:
50 (i) current member of the Legislature;
51 (ii) current member of the United States Congress;
52 (iii) current member of the National Guard;
53 (iv) licensed amateur radio operator;
54 (v) currently employed, volunteer, or retired firefighter;
55 (vi) emergency medical technician;
56 (vii) current member of a search and rescue team; or
57 (viii) current honorary consulate designated by the United States Department of State;
58 and

59 (e) support special group license plates, as for a contributor to an institution or cause,
60 which plates are issued for a contributor to:
61 (i) an institution's scholastic scholarship fund;
62 (ii) the Division of Wildlife Resources;
63 (iii) the Department of Veterans' Affairs;
64 (iv) the Division of Parks and Recreation;
65 (v) the Department of Agriculture and Food;
66 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
67 (vii) the Boy Scouts of America;
68 (viii) spay and neuter programs through No More Homeless Pets in Utah;
69 (ix) the Boys and Girls Clubs of America;
70 (x) Utah public education; or
71 (xi) programs that provide support to organizations that create affordable housing for
72 those in severe need through the Division of Real Estate.
73 (2) Beginning January 1, 2003, the division may not issue a new type of special group
74 license plate unless the division receives:
75 (a) a start-up fee established under Section 63-38-3.2 for production and administrative
76 costs for providing the new special group license plates; or
77 (b) a legislative appropriation for the start-up fee provided under Subsection (2)(a).
78 (3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal
79 Revenue Code Section 501(c)(3) may request the commission to authorize a new type of
80 special group license plate for the sponsoring organization. The sponsoring organization shall:
81 (i) collect a minimum of 200 applications; and
82 (ii) pay a start-up fee established under Section 63-38-3.2 for production and
83 administrative costs for providing the new type of special group license plates.
84 (b) If the provisions of Subsection (3)(a) are met, the commission shall approve the
85 request and the division shall:
86 (i) design a license plate in accordance with Section 41-1a-419 ; and
87 (ii) issue the new type of special group license plates.
88 Section 2. Section 41-1a-421 is amended to read:
89 41-1a-421. Honor special group license plates -- Personal identity requirements.

90 (1) (a) The requirements of this Subsection (1) apply to a vehicle displaying a:
91 (i) survivor of the Japanese attack on Pearl Harbor license plate;
92 (ii) former prisoner of war license plate;
93 (iii) Purple Heart license plate; or
94 (iv) disabled veteran license plate.
95 (b) The vehicle shall be titled in the name of the veteran or the veteran and spouse.
96 (c) Upon the death of the veteran, the surviving spouse may, upon application to the
97 division, retain the special group license plate decal so long as the surviving spouse remains
98 unmarried.
99 (d) The division shall require the surviving spouse to make a sworn statement that the
100 surviving spouse is unmarried before renewing the registration under this section.
101 (2) Proper evidence of a Purple Heart is either:
102 (a) a membership card in the Military Order of the Purple Heart; or
103 (b) an original or certificate in lieu of the applicant's military discharge form, DD-214,
104 issued by the National Personnel Records Center.
105 (3) The Purple Heart license plates shall bear:
106 (a) the words "Purple Heart" at the bottom of the plate;
107 (b) a logo substantially depicting a Purple Heart award; and
108 (c) the letter and number combinations assigned by the division.
109 (4) Proper evidence that a person is a disabled veteran is a written document issued by
110 a military entity certifying that the person is disabled as a result of service in a branch of the
111 United States Military.
112 (5) A disabled veteran seeking a disabled veteran license plate shall request the
113 Department of Veterans' Affairs to provide the verification required under Subsection (4).
114 (6) (a) [(i)] An applicant for a gold star license plate shall submit written
115 documentation that the applicant is[: (A)] a recipient of a gold star award issued by the United
116 States Secretary of Defense[; and].
117 [(B) the spouse, parent, or sibling of the servicemember for whom the gold star award
118 was received.]
119 [(ii)] (b) Written documentation under Subsection (6)(a)[(i)] may include any of the
120 following:

121 [(A)] (i) a death certificate;
122 [(B)] (ii) documentation showing classification of death as listed by the United States
123 Secretary of Defense;
124 [(C)] (iii) a casualty report;
125 [(D)] (iv) a telegram from the United States Secretary of Defense or one of the
126 branches of the United States armed forces; or
127 [(E)] (v) other documentation that verifies the applicant meets the requirements of
128 Subsection (6)(a)[(i)].
129 [(b) A gold star license plate shall bear:]
130 [(i) a gold star;]
131 [(ii) the words "Gold Star Family" at the bottom of the plate; and]
132 [(iii) the letter and number combinations assigned by the division.]




Legislative Review Note
as of 12-19-07 9:03 AM

Office of Legislative Research and General Counsel