S.B. 218

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House Floor Amendments 3-12-2009 je/sch This document includes Senate Committee Amendments incorporated into the bill on Fri, Mar 6, 2009 at 2:00 PM by rday. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 12, 2009 at 11:41 AM by jeyring. --> 1

COMMUNITY ANIMAL SHELTER AND
2 ADOPTION SUPPORT SPECIAL GROUP
3 LICENSE PLATE
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Peter C. Knudson
7 House Sponsor: Jack R. Draxler
8
9 LONG TITLE
10 General Description:
11 This bill authorizes a Community Animal Shelter and Adoption Support special group
12 license plate.
13 Highlighted Provisions:
14 This bill:
15 . creates a Community Animal Shelter and Adoption Support special group license
16 plate for programs that provide or support animal shelters and animal adoptions;
17 . requires applicants for a new plate to make a $25 annual donation to the
18 Community Animal Shelter and Adoption Support Restricted Account;
19 . creates the Community Animal Shelter and Adoption Support Restricted Account;
20 . requires the Department of Health to distribute funds in the Community Animal
21 Shelter and Adoption Support Restricted Account to certain organizations for
22 programs that provide or support animal shelters and animal adoptions; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill takes effect on October 1, 2009.
27a H. This bill coordinates with H.B. 391, Budgetary Procedure Act Revisions, by providing
27b substantive and technical amendments. .H

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- 2 - 28 Utah Code Sections Affected:
29 AMENDS:
30 26-48-101, as enacted by Laws of Utah 2006, Chapter 280
31 41-1a-418, as last amended by Laws of Utah 2008, Chapters 48, 143, 153, 181, 201,
32 and 382
33 41-1a-422, as last amended by Laws of Utah 2008, Chapters 48, 201, and 382
34 ENACTS:
35 26-48-103, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26-48-101 is amended to read:
39 CHAPTER 48. COMMUNITY ANIMAL HEALTH ACT
40 26-48-101. Title.
41 This chapter is known as the "[Cat and Dog] Community [Spay and Neuter Program
42 Restricted Account] Animal Health Act."
43 Section 2. Section 26-48-103 is enacted to read:
44 26-48-103. Community Animal Shelter and Adoption Support Restricted
45 Account.
46 (1) There is created in the General Fund the "Community Animal Shelter and Adoption
47 Support Restricted Account."
48 (2) The account shall be funded by:
49 (a) contributions deposited into the Community Animal Shelter and Adoption Support
50 Restricted Account in accordance with Section 41-1a-422 ;
51 (b) appropriations to the account by the Legislature;
52 (c) private contributions; and
53 (d) donations or grants from public or private entities.
54 (3) Funds in the account are nonlapsing.
55 (4) The Legislature shall appropriate money in the account to the department.
56 (5) The department shall distribute the funds in the account to one or more charitable
57 organizations that:
58 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;

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Senate Committee Amendments 3-6-2009 rd/sch 59

(b) have as part of their primary mission establishing programs that provide or support
60 animal shelters and animal adoptions; S. [ and ]
60a (c) have a humane animal welfare facility located in a county of the first class that:
60b (i) has the capacity to hold at least 400 animals; and
60c (ii) has a low cost spay and neuter clinic located on the premises of the facility;
60d (d) employ:
60e (i) at least one full-time veterinarian that administers a low cost spay and neuter
60f program;
60g (ii) at least one full-time animal cruelty investigator that assists in identifying animals
60h for adoption;
60i (iii) at least one full-time animal adoption transfer coordinator; and
60j (iv) at least one full-time foster care coordinator; and
61 [ (c) ] (e) .S contribute to the start-up fee for the production and administrative costs for
62 providing a Community Animal Shelter and Adoption Support special group license plate in
63 accordance with Subsection 41-1a-418 (2)(a).
64 (6) (a) An organization described in Subsection (5) may apply to the department to
65 receive a distribution in accordance with Subsection (5).
66 (b) An organization that receives a distribution from the department in accordance with
67 Subsection (5) shall expend the distribution only to:
68 (i) provide shelter and adoption for homeless or unwanted animals;
69 (ii) pay the costs S. [ of ] associated with .S transferring animals to other animal
69a adoption agencies S. [ ;
70 (iii) provide educational materials and publications on animal shelter and adoption
71 programs; and
72 (iv) establish or administer other programs that provide or support animal shelters or
73 animal adoptions. ] , shelters, or rescue groups throughout the state. .S
74 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
75 department may make rules providing procedures and requirements for an organization to
76 apply to the department to receive a distribution in accordance with Subsection (5).
77 Section 3. Section 41-1a-418 is amended to read:
78 41-1a-418. Authorized special group license plates.
79 (1) The division shall only issue special group license plates in accordance with this
80 section through Section 41-1a-422 to a person who is specified under this section within the
81 categories listed as follows:

82 (a) disability special group license plates issued in accordance with Section 41-1a-420 ;
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Senate Committee Amendments 3-6-2009 rd/sch 83

(b) honor special group license plates, as in a war hero, which plates are issued for a:
84 (i) survivor of the Japanese attack on Pearl Harbor;
85 (ii) former prisoner of war;
86 (iii) recipient of a Purple Heart;
87 (iv) disabled veteran; or
88 (v) recipient of a gold star award issued by the United States Secretary of Defense;
89 (c) unique vehicle type special group license plates, as for historical, collectors value,

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- 4 - 90 or other unique vehicle type, which plates are issued for:
91 (i) a special interest vehicle;
92 (ii) a vintage vehicle;
93 (iii) a farm truck; or
94 (iv) (A) until Subsection (1)(c)(iv)(B) applies, a vehicle powered by clean fuel as
95 defined in Section 59-13-102 ; or
96 (B) beginning on the effective date of rules made by the Department of Transportation
97 authorized under Subsection 41-6a-702 (5)(b), a vehicle powered by clean fuel that meets the
98 standards established by the Department of Transportation in rules authorized under Subsection
99 41-6a-702 (5)(b);
100 (d) recognition special group license plates, as in a public official or an emergency
101 service giver, which plates are issued for a:
102 (i) current member of the Legislature;
103 (ii) current member of the United States Congress;
104 (iii) current member of the National Guard;
105 (iv) licensed amateur radio operator;
106 (v) currently employed, volunteer, or retired firefighter;
107 (vi) emergency medical technician;
108 (vii) current member of a search and rescue team; or
109 (viii) current honorary consulate designated by the United States Department of State;
110 and
111 (e) support special group license plates, as for a contributor to an institution or cause,
112 which plates are issued for a contributor to:
113 (i) an institution's scholastic scholarship fund;
114 (ii) the Division of Wildlife Resources;
115 (iii) the Department of Veterans' Affairs;
116 (iv) the Division of Parks and Recreation;
117 (v) the Department of Agriculture and Food;
118 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
119 (vii) the Boy Scouts of America;
120 (viii) spay and neuter programs through No More Homeless Pets in Utah;

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- 5 - 121 (ix) the Boys and Girls Clubs of America;
122 (x) Utah public education;
123 (xi) programs that provide support to organizations that create affordable housing for
124 those in severe need through the Division of Real Estate;
125 (xii) the Department of Public Safety; [or]
126 (xiii) programs that support Zion National Park[.]; or
127 (xiv) programs that provide or support animal shelters or animal adoptions.
128 (2) Beginning January 1, 2003, the division may not issue a new type of special group
129 license plate unless the division receives:
130 (a) a start-up fee established under Section 63J-1-303 for production and administrative
131 costs for providing the new special group license plates; or
132 (b) a legislative appropriation for the start-up fee provided under Subsection (2)(a).
133 (3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal
134 Revenue Code Section 501(c)(3) may request the commission to authorize a new type of
135 special group license plate for the sponsoring organization. The sponsoring organization shall:
136 (i) collect a minimum of 200 applications; and
137 (ii) pay a start-up fee established under Section 63J-1-303 for production and
138 administrative costs for providing the new type of special group license plates.
139 (b) If the provisions of Subsection (3)(a) are met, the commission shall approve the
140 request and the division shall:
141 (i) design a license plate in accordance with Section 41-1a-419 ; and
142 (ii) issue the new type of special group license plates.
143 Section 4. Section 41-1a-422 is amended to read:
144 41-1a-422. Support special group license plates -- Contributor -- Voluntary
145 contribution collection procedures.
146 (1) As used in this section:
147 (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
148 has donated or in whose name at least $25 has been donated to:
149 (A) a scholastic scholarship fund of a single named institution;
150 (B) the Department of Veterans' Affairs for veterans' programs;
151 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in

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- 6 - 152 Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
153 access, and management of wildlife habitat;
154 (D) the Department of Agriculture and Food for the benefit of conservation districts;
155 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
156 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
157 the donation evenly divided between the two;
158 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
159 council as specified by the contributor;
160 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
161 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
162 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
163 development programs;
164 (J) the Utah Association of Public School Foundations to support public education;
165 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-28 to
166 assist people who have severe housing needs;
167 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
168 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
169 Safety employees; [or]
170 (M) the Division of Parks and Recreation for distribution to organizations that provide
171 support for Zion National Park[.]; or
172 (N) the Community Animal Shelter and Adoption Support Restricted Account created
173 in Section 26-48-103 for programs that provide or support animal shelters and animal
174 adoptions.
175 (ii) (A) For a veterans' special group license plate, "contributor" means a person who
176 has donated or in whose name at least a $25 donation at the time of application and $10 annual
177 donation thereafter has been made.
178 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
179 person who:
180 (I) has donated or in whose name at least $30 has been donated at the time of
181 application and annually after the time of application; and
182 (II) is a member of a trade organization for real estate licensees that has more than

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- 7 - 183 15,000 Utah members.
184 (C) For an Honoring Heroes special group license plate, "contributor" means a person
185 who has donated or in whose name at least $35 has been donated at the time of application and
186 annually thereafter.
187 (b) "Institution" means a state institution of higher education as defined under Section
188 53B-3-102 or a private institution of higher education in the state accredited by a regional or
189 national accrediting agency recognized by the United States Department of Education.
190 (2) (a) An applicant for original or renewal collegiate special group license plates under
191 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
192 present the original contribution verification form under Subsection (2)(b) or make a
193 contribution to the division at the time of application under Subsection (3).
194 (b) An institution with a support special group license plate shall issue to a contributor
195 a verification form designed by the commission containing:
196 (i) the name of the contributor;
197 (ii) the institution to which a donation was made;
198 (iii) the date of the donation; and
199 (iv) an attestation that the donation was for a scholastic scholarship.
200 (c) The state auditor may audit each institution to verify that the moneys collected by
201 the institutions from contributors are used for scholastic scholarships.
202 (d) After an applicant has been issued collegiate license plates or renewal decals, the
203 commission shall charge the institution whose plate was issued, a fee determined in accordance
204 with Section 63J-1-303 for management and administrative expenses incurred in issuing and
205 renewing the collegiate license plates.
206 (e) If the contribution is made at the time of application, the contribution shall be
207 collected, treated, and deposited as provided under Subsection (3).
208 (3) (a) An applicant for original or renewal support special group license plates under
209 this section must be a contributor to the sponsoring organization associated with the license
210 plate.
211 (b) This contribution shall be:
212 (i) unless collected by the named institution under Subsection (2), collected by the
213 division;

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House Floor Amendments 3-12-2009 je/sch 214

(ii) considered a voluntary contribution for the funding of the activities specified under
215 this section and not a motor vehicle registration fee; and
216 (iii) deposited into the appropriate account less actual administrative costs associated
217 with issuing the license plates.
218 (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
219 registration or renewal of registration.
220 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
221 the division when issuing original:
222 (i) snowmobile license plates; or
223 (ii) conservation license plates.
224 (4) Veterans' license plates shall display one of the symbols representing the Army,
225 Navy, Air Force, Marines, Coast Guard, or American Legion.
226 Section 5. Effective date.
227 This bill takes effect on October 1, 2009.
227a H. Section 6. Coordinating S.B. 218 with H.B. 391 -- Substantive and technical
227b amendments.
227c If this S.B. 218 and H.B. 391, Budgetary Procedures Act Revisions, both pass, it is the
227d intent of the Legislature that, the Office of Legislative Research and General Counsel in
227e preparing the Utah Code database for publication, do the following:
227f (1) insert a new Subsection 63J-1-602(1)(v) to read:
227g "(v) the Community Animal Shelter and Adoption Support Restricted Account created
227h in Section 26-48-103;";
227i (2) renumber the existing Subsection 63J-1-602(1)(v) as 63J-1-602(1)(w); and
227j (3) renumber the remaining subsections of Subsection 63J-1-602(1) accordingly. .H

Legislative Review Note
as of 2-24-09 9:21 AM

Office of Legislative Research and General Counsel