S.B. 204 Enrolled

CENTENNIAL LICENSE PLATE AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Joseph L. Hull
AN ACT RELATING TO MOTOR VEHICLES; ALLOWING ORIGINAL LICENSE PLATES
TO BE CENTENNIAL LICENSE PLATES; MAKING TECHNICAL CORRECTIONS;
AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
9-1-501, as last amended by Chapter 160, Laws of Utah 1995
9-1-502, as last amended by Chapters 227 and 278, Laws of Utah 1993
9-1-504, as last amended by Chapter 7, Laws of Utah 1996
9-1-505, as enacted by Chapter 160, Laws of Utah 1995
41-1a-402, as renumbered and amended by Chapter 1, Laws of Utah 1992
41-1a-408, as last amended by Chapters 119 and 173, Laws of Utah 1996
41-1a-1201, as last amended by Chapter 173, Laws of Utah 1996
41-1a-1211, as last amended by Chapters 119 and 173, Laws of Utah 1996
REPEALS:
9-1-503, as last amended by Chapter 124, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-1-501 is amended to read:
9-1-501. Utah Statehood Centennial Commission -- Composition -- Powers.
(1) There is created a commission to be known as the Utah Statehood Centennial
Commission.
(2) (a) The commission shall be composed of 25 bipartisan members appointed by the
governor with the consent of the Senate.
(b) The governor shall appoint one of the commission members as chairman.
(c) The members of the commission shall represent the various geographical regions of
the state and broadly represent the people of Utah.

(3) (a) A majority of the members of the commission constitute a quorum for the transaction
of business.
(b) The governor may remove any member of the commission for failure to perform.
(c) The governor may appoint a replacement to the commission if a vacancy occurs on the
commission for any reason.
(4) (a) The Department of Community and Economic Development shall provide
administrative support to the commission.
(b) The executive director of the Department of Community and Economic Development,
or his designee, shall serve as a non-voting member of the commission.
(5) The commission shall:
(a) work with all necessary state agencies to [develop, produce, and sell a centennial license
plate to] fund the commission's activities;
[(b) develop plans to implement a statewide centennial celebration, to be held from January
4, 1996 through January 24, 1997, and to conduct other centennial related activities before January
4, 1996;]
[(c)] (b) raise money through [license plate sales and through other] fundraising activities;
[(d)] (c) establish committees to assist it in its work;
[(e)] (d) make grants to county centennial committees, communities, and other groups and
individuals to carry out the purposes of this section;
[(f)] (e) make rules governing the expenditure of centennial funds by county centennial
committees and other organizations by complying with the procedures and requirements of Title 63,
Chapter 46a, Utah Administrative Rulemaking Act; and
[(g)] (f) submit an annual report to the governor and to the Office of Legislative Research
and General Counsel for submission to the Legislature by December 1 of each year.
(6) (a) The commission may hire staff to assist the commission in carrying out its duties, and
the governor shall appoint an executive director.
(b) The executive director shall:
(i) be the executive secretary to the commission;

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(ii) administer the day-to-day affairs of the commission; and
(iii) carry out other duties and assignments as directed by the commission.
(c) The executive director shall be a nonmerit position who serves at the pleasure of the
governor.
(d) The executive director may appoint other staff members, provided that the commission
has approved a budget for that purpose.
(e) The staff members appointed by the executive director may be nonmerit positions.
(7) (a) The commission shall deposit all funds raised by it in the expendable trust fund
known as the Utah Statehood Centennial Trust, established in Section 9-1-504.
(b) The commission may spend the monies as authorized by this section.
(c) Any appropriations to the commission shall be nonlapsing until June 30, 1998.
(8) (a) The Utah Statehood Centennial Commission holds all rights to the use of the
statehood centennial slogan, logo, and license plate design and other commission property protected
by copyright or trademark.
(b) [The] Except for license plates issued under Section 41-1a-402, the commission may
license or otherwise authorize the use of that slogan, logo, design, or other commission property
protected by copyright or trademark for commercial or other purposes as long as the license plate
design is not used in a manner inconsistent with Subsection 41-1a-1305(10).
(c) [The] Except for license plates issued under Section 41-1a-402, the commission may set
a fee for the licensure or other authorized use of the slogan, logo, design, and other commission
property protected by trademark or copyright.
(9) The Utah Statehood Centennial Commission may borrow money from the state to
implement a statewide centennial celebration and to conduct other centennial related activities in
amounts not exceeding in the aggregate, the amount to be deposited in the Utah Statehood
Centennial Trust established under Section 9-1-504.
(10) The Utah Statehood Centennial Commission shall cease operations on or before June
30, 1998.
Section 2. Section 9-1-502 is amended to read:

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9-1-502. County centennial committee -- Composition -- Powers.
(1) (a) Each county executive with the approval of the county legislative body may form a
county centennial committee composed of no less than five members.
(b) The county executive body shall:
(i) solicit applications for membership on the county centennial committee from county
residents and residents of other political subdivisions located within the county;
(ii) appoint the members of the county centennial committee after consulting with mayors,
city and town councils, commissions, community councils, and other community and county leaders;
and
(iii) ensure that the members of the county centennial committee are nonpartisan, represent
the various geographic and population regions of the county, and broadly represent the people of the
county.
(c) Members of the county centennial committee shall serve until December 31, 1997, until
they resign, or until they are removed for cause.
(d) After consultation with mayors, city and town councils, commissions, community
councils, and other community and county leaders, the county executive body may remove any
member of the county centennial committee for cause and may appoint a replacement.
(2) County centennial committees may:
(a) raise funds;
[(b) administer centennial license plate funds, if authorized to do so by the Utah Statehood
Centennial Commission;]
[(c)] (b) apply for special project funds from the Utah Statehood Centennial Commission;
and
[(d)] (c) spend funds for centennial related activities and events according to rules
established by the Utah Statehood Centennial Commission.
Section 3. Section 9-1-504 is amended to read:
9-1-504. Utah Statehood Centennial Trust.
(1) There is established an expendable trust fund known as the Utah Statehood Centennial

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Trust.
(2) The purpose of the trust is to raise money for the celebration of the centennial of Utah's
statehood in 1996 and related events and projects to be conducted or implemented under the
direction of the Utah Statehood Centennial Commission in accordance with [Sections 9-1-501
through 9-1-503] this part.
(3) The sources of funding for the trust are provided for under Subsections 9-1-501(5)
through [9-1-501](7).
(4) Interest on investment funds in the trust shall accrue to the trust.
(5) The trust shall be controlled by the Utah Statehood Centennial Commission.
(6) On July 1, 1993, the director of the Division of Finance shall close out the centennial
commission's nonlapsing dedicated credits and account monies to the trust.
(7) The trust created by this section shall terminate on June 30, 1998. On July 1, 1998, the
director of the Division of Finance shall close out the trust to the Old Deseret Centennial Account
within the General Fund, created by Section 9-1-504.5.
Section 4. Section 9-1-505 is amended to read:
9-1-505. Utah Statehood Centennial Commission borrowing authority -- Terms of
repayment -- Funds dedicated to repayment.
(1) The disbursement authorized under Subsection 9-1-501(9) shall be repaid without
interest by the Utah Statehood Centennial Commission in accordance with the following schedule:
(a) at least 50% of the outstanding balance shall be repaid no later than December 15, 1996;
and
(b) the remainder of the disbursement shall be paid in full no later than June 30, 1997.
(2) (a) [Except] Before July 1, 1997, and except as provided in Subsection (5), the Utah
Statehood Centennial Commission shall dedicate to repayment of the disbursement authorized under
Subsection 9-1-501(9) 70% of the revenues received from special fees paid for purchase or renewal
of centennial license plates [as provided in Subsection 9-1-503(1)] after the State Tax Commission
deducts the actual production and administrative costs associated with making and issuing the
centennial license plates [as provided in Subsection 9-1-503(2)(c)].

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(b) [Twenty percent] Before July 1, 1997, 20% of the revenues received from the sale of
centennial license plates as provided in [Subsection] Section 9-1-501[(5)(c)] shall be deposited into
the expendable trust fund established in Section 9-1-504 for use by the Utah Statehood Centennial
Commission [as provided in Subsection 9-1-503(3)(b)].
(c) [The] Before July 1, 1997, the remaining 10% of the revenues received from the sale of
centennial license plates as provided in [Subsection] Section 9-1-501[(5)(c)] shall be deposited into
the expendable trust fund established in Section 9-1-504 for use by the Utah Statehood Centennial
Commission as provided in Subsection 9-1-501(7)(b).
(3) Notwithstanding Subsection 9-1-501(7)(b) and except as provided in Subsection (5), the
Utah Statehood Centennial Commission shall dedicate to repayment of the disbursement authorized
under Subsection 9-1-501(9) 80% of the revenues received from fees for the licensure or other
authorized use of the slogan, logo, design, or other centennial commission property protected by
trademark or copyright as provided in Subsection 9-1-501(8).
(4) Dedications to repayment under Subsections (2) and (3) shall begin no later than 90 days
from the date any funds are disbursed by the Department of Community and Economic Development
to the Utah Statehood Centennial Commission.
(5) Upon full repayment of the disbursement by the Utah Statehood Centennial Commission
as provided in Subsections (2) and (3), the Utah Statehood Centennial Commission is not required
to dedicate any further revenues to repayment.
Section 5. Section 41-1a-402 is amended to read:
41-1a-402. Required colors, numerals, and letters -- Expiration.
(1) [Each] Except as provided in Subsection (3), each license plate shall be in colors selected
by the commission and shall have displayed on it:
(a) the registration number assigned to the vehicle for which it is issued;
(b) the name of the state;
(c) a designation of the county in which the vehicle is registered as provided in Section
41-1a-406;
(d) the date of expiration; and

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(e) a slogan determined as provided in Section 41-1a-405.
(2) If registration is extended by affixing a validation decal to the license plate, the
expiration date of the decal governs the expiration date of the license plate.
(3) Beginning July 1, 1997, each original license plate that is not one of the special group
license plates issued under Section 41-1a-408 shall be a:
(a) statehood centennial license plate with the same color, design, and slogan as the plates
issued in conjunction with the statehood centennial; or
(b) Ski Utah license plate.
Section 6. Section 41-1a-408 is amended to read:
41-1a-408. Special group plates -- Design -- Application -- Issuance.
(1) As used in this section:
(a) "Collegiate license plates" means the special group license plates issued under this
section to a contributor to an institution after payment of the appropriate fees.
(b) (i) "Contributor" means a person who has donated or in whose name at least $25 has
been donated to:
(A) a scholastic scholarship fund of a single institution;
(B) the Office of Veterans' Affairs in the Department of Community and Economic
Development for veterans' programs; or
(C) the Division of Wildlife Resources for conservation of wildlife and the enhancement,
preservation, protection, access, and management of wildlife habitat.
(ii) Except as provided under Subsection (13), the donation must be made in the 12 months
prior to registration or renewal of registration.
(c) "Institution" means a state institution of higher education or a private institution of higher
education in the state accredited by a regional or national accrediting agency recognized by the
United States Department of Education.
(d) "State institution of higher education" has the same meaning as provided in Section
53B-3-102.
(e) "Veterans' license plates" means the special group license plates issued under this section

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to a contributor to the Office of Veterans' Affairs after payment of the appropriate fees.
(f) "Wildlife license plates" means the special group license plates issued under this section
to a contributor to the Division of Wildlife Resources after payment of the appropriate fees.
(2) (a) The design and maximum number of numerals or characters on special group license
plates shall be determined by the division in accordance with the criteria in Subsection (2)(b).
(b) Except for [statehood centennial and] Olympic special group license plates, each special
group license plate shall display:
(i) the word Utah;
(ii) the name or identifying slogan of the special group;
(iii) a symbol not exceeding two positions in size representing the special group; and
(iv) the combination of letters, numbers, or both uniquely identifying the registered vehicle.
(3) (a) The division shall, after consultation with a representative designated by the special
group, specify the word or words comprising the special group name and the symbol to be displayed
upon the special group license plates.
(b) Collegiate, veterans', and wildlife license plates may not be redesigned under this section
more frequently than every five years.
(c) Veterans' license plates shall display one of the symbols representing the Army, Navy,
Air Force, Marines, or Coast Guard.
(4) Subject to Subsections (10) and (12), the division shall only issue special group license
plates to a person who is:
(a) a current member of the Legislature;
(b) a current member of the United States Congress;
(c) a survivor of the Japanese attack on Pearl Harbor;
(d) a former prisoner of war;
(e) a recipient of a Purple Heart, as provided in Section 41-1a-409;
(f) a current member of the National Guard;
(g) a person with a disability or the registered owner of a vehicle that an organization uses
primarily for the transportation of persons with disabilities that limit or impair the ability to walk;

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(h) a contributor to an institution's scholastic scholarship fund;
(i) a contributor to the Division of Wildlife Resources;
(j) a contributor to the Office of Veterans' Affairs;
(k) licensing a special interest vehicle;
(l) licensing a vintage vehicle;
(m) a licensed amateur radio operator;
(n) registering a farm truck; or
(o) a currently employed, volunteer, or retired firefighter.
(5) (a) A vehicle displaying a survivor of the Japanese attack on Pearl Harbor license plate
decal, a former prisoner of war license plate decal, or a Purple Heart license plate decal shall be titled
in the name of the veteran or the veteran and spouse.
(b) Upon the death of the veteran, the surviving spouse may, upon application to the
division, retain the special group license plate decal so long as the surviving spouse remains
unmarried.
(c) The division shall require the surviving spouse to make a sworn statement that the
surviving spouse is unmarried before renewing the registration under this section.
(6) (a) (i) In accordance with rules made under Subsection (12), the division shall issue a
person with a disability special group license plate, temporary removable windshield placard, or a
removable windshield placard to:
(A) a qualifying person with a disability; or
(B) an organization that uses a vehicle registered in the applicant's name primarily for the
transportation of persons with disabilities that limit or impair the ability to walk.
(ii) The division shall issue a person with a disability special group license plate or a
removable windshield placard to a person with a permanent disability.
(iii) The issuance of a person with a disability special group license plate does not preclude
the issuance to the same applicant of a removable windshield placard.
(iv) The division shall issue on request one additional placard to a person with a person with
a disability special group license plate, temporary removable windshield placard, or a removable

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windshield placard.
(b) The temporary removable windshield placard or removable windshield placard shall be
hung from the front windshield rearview mirror when the vehicle is parked in a parking space
reserved for persons with disabilities so that it is visible from the front and rear of the vehicle.
(7) (a) An applicant for original or renewal collegiate license plates must be a contributor
to the institution named in the application and present the original contribution verification form to
the division at the time of application.
(b) An institution with a special group license plate shall issue to a contributor a verification
form designed by the commission containing:
(i) the name of the contributor;
(ii) the institution to which a donation was made;
(iii) the date of the donation; and
(iv) an attestation that the donation was for a scholastic scholarship.
(c) The state auditor may audit each institution to verify that the moneys collected by the
institutions from contributors are used for scholastic scholarships.
(d) After an applicant has been issued collegiate license plates or renewal decals, the
commission shall charge the institution whose plate was issued, a fee determined in accordance with
Section 63-38-3.2 for management and administrative expenses incurred in issuing and renewing
the collegiate license plates.
(8) (a) An applicant for original or renewal wildlife license plates must be a contributor to
the Division of Wildlife Resources.
(b) This contribution shall be:
(i) collected by the division;
(ii) treated as a voluntary contribution for the funding of wildlife activities and not as a
motor vehicle registration fee; and
(iii) deposited into the Wildlife Resources Account created in Section 23-14-13, less actual
production and administrative costs associated with making and issuing wildlife license plates.
(9) The division shall issue [statehood centennial and] Olympic special group license plates.

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(10) (a) An organization that makes a significant contribution to the state may request the
commission to authorize special group license plates for the organization if the organization collects
a minimum of 500 applications with the fees required under Section 41-1a-1211.
(b) If the commission approves the request, the division shall design a license plate in
accordance with Subsections (2) and (3).
(c) If the commission rejects the request, the organization shall refund all fees to the
applicants.
(11) Any person who meets the criteria established under this part for issuance of special
group license plates may make application in the same manner provided in Sections 41-1a-410 and
41-1a-411 for personalized special group license plates.
(12) (a) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, to:
(i) establish qualifying criteria for persons to receive, renew, or surrender special group
license plates, a temporary removable windshield placard, or a removable windshield placard;
(ii) establish the maximum number of numerals or characters for special group license
plates; and
(iii) require all temporary removable windshield placards and removable windshield placards
to include:
(A) an identification number;
(B) an expiration date not to exceed six months for a temporary removable windshield
placard and one year for a removable windshield placard; and
(C) the seal or other identifying mark of the division.
(b) The qualifying criteria under Subsection (12)(a) for a person with a disability special
group license plate, temporary removable windshield placard, or removable windshield placard shall
include a requirement that an initial application of a person with a disability be accompanied by the
certification of a licensed physician:
(i) that the applicant meets the definition of a person with a disability that limits or impairs
the ability to walk as defined in the federal Uniform System for Handicapped Parking, 58 Fed. Reg.

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10, 328 (1991); and
(ii) containing the period of time that the physician determines the applicant will have the
disability, not to exceed six months in the case of a temporary disability.
(13) (a) Beginning January 1, 1997, the division may issue original veterans' license plates.
(b) An applicant for original veterans' license plates must be at least a one-time contributor
to the Office of Veterans' Affairs.
(c) This contribution shall be:
(i) collected by the division;
(ii) treated as a voluntary contribution for the Office of Veterans' Affairs and not as a motor
vehicle registration fee; and
(iii) transferred to the Office of Veterans' Affairs at least monthly, less actual production and
administrative costs associated with making and issuing veterans' license plates.
Section 7. Section 41-1a-1201 is amended to read:
41-1a-1201. Disposition of fees.
(1) All fees received and collected under this part shall be transmitted daily to the state
treasurer.
(2) Except as provided in Subsections (3) and (4), and Subsection 41-1a-408(8), all fees
collected under this part shall be deposited in the Transportation Fund.
(3) (a) Funds generated under Subsections 41-1a-1211(1)(a), [(8)] (7)(a), and [(9)] (8) and
Section 41-1a-1212 may be used by the commission as a dedicated credit to cover the costs incurred
in issuing license plates under Part 4, License Plates and Registration Indicia.
(b) Funds collected under Subsections 41-1a-1211(3), (5)(b), and (5)(c), less the actual cost
incurred by the division in purchasing decals for special group license plates, shall be deposited in
the Transportation Fund.
(c) Fees for statehood centennial [special group] license plates shall be collected and
deposited[: (i) through December 31, 1996, as provided in Title 9, Chapter 1, Part 5, Utah
Statehood Centennial Commission; and (ii) beginning January 1, 1997,] in the Transportation Fund,
less production and administrative costs incurred by the commission.

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(d) Fees for Olympic special group license plates shall be collected and deposited as
provided under Section 41-1a-417.
(4) All funds available to the commission for purchase and distribution of license plates and
decals are nonlapsing.
(5) Except as provided in Subsection (3) and Section 41-1a-1205, the expenses of the
commission in enforcing and administering this part shall be provided for by legislative
appropriation from the revenues of the Transportation Fund.
Section 8. Section 41-1a-1211 is amended to read:
41-1a-1211. License plate fees -- Application fees for issuance and renewal of
personalized and special group license plates -- Replacement fee for license plates -- Postage
fees.
(1) A license plate fee of $5 per set shall be paid to the division for the issuance of any new
license plate under Part 4, License Plates and Registration Indicia, except for license plates issued
under Sections 41-1a-407 and 41-1a-417. The license plate fee shall be deposited as follows:
(a) $4 as provided in Section 41-1a-1201; and
(b) $1 in the Transportation Fund.
(2) An applicant for original issuance of personalized license plates issued under Section
41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee required in
Subsection (1).
(3) (a) Except as provided in Subsections (3)(b)[,] and (3)(c), [and (6),] applicants for
original issuance of special group license plates issued under Section 41-1a-408 shall pay a $50 per
set license plate application fee in addition to the fee required under Subsection (1).
(b) A person who qualifies for a licensed amateur radio operator special group license plate
shall pay a $5 fee for the original set of license plates in addition to the fee required under Subsection
(1).
(c) A person who qualifies for legislative, United States Congressional, person with a
disability, collegiate, veterans', wildlife, National Guard, Purple Heart, Prisoner of War, Survivor
of the Japanese Attack on Pearl Harbor, firefighter, or farm vehicle special group license plates is

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exempt from payment of special group license plate application fees imposed under this subsection.
(4) An applicant for original issuance of personalized special group license plates shall pay
the license plate application fees required in Subsection (2) in addition to the license plate fees and
license plate application fees established under Subsections (1)[,] and (3)[, and (6)].
(5) The following application fees for renewal of personalized and special group license
plates shall be paid to the division at the time of renewal of registration:
(a) an applicant for renewal of personalized license plates issued under Section 41-1a-410
shall pay a $10 per set application fee;
(b) except as provided in [Subsections] Subsection (5)(c) [and (6)], an applicant for renewal
of special group license plates issued under Section 41-1a-408 shall pay a $10 per set application fee;
and
(c) an applicant for renewal of legislative, United States Congressional, person with a
disability, collegiate, wildlife, National Guard, Purple Heart, Prisoner of War, Survivor of the
Japanese Attack on Pearl Harbor, farm vehicle, vintage vehicle, firefighter, or licensed amateur radio
operator special group license plates is exempt from payment of application fees imposed under this
subsection.
[(6) (a) For vehicles with registration years expiring on or before December 31, 1996,
applicants for original statehood centennial special group license plates or renewal of registration
with statehood centennial special group license plates shall pay the fees required in Section 9-1-503.]
[(b) For vehicles with registration years beginning on or after January 1, 1997, applicants
for:]
[(i) original statehood centennial special group license plates shall pay a special fee of $25
at the time the centennial license plates are issued; and]
[(ii) renewal of registration with statehood centennial special group license plates are exempt
from paying an additional special annual renewal fee for the centennial license plates.]
[(7)] (6) An applicant for renewal of personalized special group license plates shall pay the
application fee required in Subsection (5)(a) in addition to the applicable application fees for renewal
of license plates established under Subsections (5)(b)[,] and (5)(c)[, and (6)].

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[(8)] (7) A fee of $5 shall be paid to the division for the replacement of any license plate
issued under Part 4, License Plates and Registration Indicia. The license plate fee shall be deposited
as follows:
(a) $4 as provided in Section 41-1a-1201; and
(b) $1 in the Transportation Fund.
[(9)] (8) The division may charge a fee established under Section 63-38-3.2 to recover its
costs for the replacement of decals issued under Section 41-1a-408.
[(10)] (9) The division may charge a fee established under Section 63-38-3.2 to recover the
cost of issuing stickers under Section 41-1a-416.
[(11)] (10) In addition to any other fees required by this section, the division shall assess a
fee established under Section 63-38-3.2 to cover postage expenses if new or replacement license
plates are mailed to the applicant.
[(12)] (11) The fees required under this section are separate from and in addition to
registration fees required under Section 41-1a-1206.
[(13)] (12) For vehicles with registration years expiring on or before June 30, 2002,
applicants for original Olympic special group license plates or renewal of registration with Olympic
special group license plates shall pay the fees required under Section 41-1a-417.
Section 9. Repealer.
This act repeals:
Section 9-1-503, Centennial license plates -- Fees -- Design.
Section 10. Effective date.
This act takes effect on July 1, 1997.

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