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S.B. 204
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5 AN ACT RELATING TO MOTOR VEHICLES; REQUIRING ORIGINAL LICENSE PLATES
6 TO BE CENTENNIAL LICENSE PLATES; MAKING TECHNICAL CORRECTIONS; AND
7 PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 9-1-501, as last amended by Chapter 160, Laws of Utah 1995
11 9-1-502, as last amended by Chapters 227 and 278, Laws of Utah 1993
12 9-1-504, as last amended by Chapter 7, Laws of Utah 1996
13 9-1-505, as enacted by Chapter 160, Laws of Utah 1995
14 41-1a-402, as renumbered and amended by Chapter 1, Laws of Utah 1992
15 41-1a-408, as last amended by Chapters 119 and 173, Laws of Utah 1996
16 41-1a-1201, as last amended by Chapter 173, Laws of Utah 1996
17 41-1a-1211, as last amended by Chapters 119 and 173, Laws of Utah 1996
18 REPEALS:
19 9-1-503, as last amended by Chapter 124, Laws of Utah 1995
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 9-1-501 is amended to read:
22 9-1-501. Utah Statehood Centennial Commission -- Composition -- Powers.
23 (1) There is created a commission to be known as the Utah Statehood Centennial
24 Commission.
25 (2) (a) The commission shall be composed of 25 bipartisan members appointed by the
26 governor with the consent of the Senate.
27 (b) The governor shall appoint one of the commission members as chairman.
1 (c) The members of the commission shall represent the various geographical regions of
2 the state and broadly represent the people of Utah.
3 (3) (a) A majority of the members of the commission constitute a quorum for the
4 transaction of business.
5 (b) The governor may remove any member of the commission for failure to perform.
6 (c) The governor may appoint a replacement to the commission if a vacancy occurs on the
7 commission for any reason.
8 (4) (a) The Department of Community and Economic Development shall provide
9 administrative support to the commission.
10 (b) The executive director of the Department of Community and Economic Development,
11 or his designee, shall serve as a non-voting member of the commission.
12 (5) The commission shall:
13 (a) work with all necessary state agencies to [
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21 individuals to carry out the purposes of this section;
22 [
23 committees and other organizations by complying with the procedures and requirements of Title
24 63, Chapter 46a, Utah Administrative Rulemaking Act; and
25 [
26 and General Counsel for submission to the Legislature by December 1 of each year.
27 (6) (a) The commission may hire staff to assist the commission in carrying out its duties,
28 and the governor shall appoint an executive director.
29 (b) The executive director shall:
30 (i) be the executive secretary to the commission;
31 (ii) administer the day-to-day affairs of the commission; and
1 (iii) carry out other duties and assignments as directed by the commission.
2 (c) The executive director shall be a nonmerit position who serves at the pleasure of the
3 governor.
4 (d) The executive director may appoint other staff members, provided that the commission
5 has approved a budget for that purpose.
6 (e) The staff members appointed by the executive director may be nonmerit positions.
7 (7) (a) The commission shall deposit all funds raised by it in the expendable trust fund
8 known as the Utah Statehood Centennial Trust, established in Section 9-1-504.
9 (b) The commission may spend the monies as authorized by this section.
10 (c) Any appropriations to the commission shall be nonlapsing until June 30, 1998.
11 (8) (a) The Utah Statehood Centennial Commission holds all rights to the use of the
12 statehood centennial slogan, logo, and license plate design and other commission property
13 protected by copyright or trademark.
14 (b) [
15 license or otherwise authorize the use of that slogan, logo, design, or other commission property
16 protected by copyright or trademark for commercial or other purposes as long as the license plate
17 design is not used in a manner inconsistent with Subsection 41-1a-1305(10).
18 (c) [
19 set a fee for the licensure or other authorized use of the slogan, logo, design, and other commission
20 property protected by trademark or copyright.
21 (9) The Utah Statehood Centennial Commission may borrow money from the state to
22 implement a statewide centennial celebration and to conduct other centennial related activities in
23 amounts not exceeding in the aggregate, the amount to be deposited in the Utah Statehood
24 Centennial Trust established under Section 9-1-504.
25 (10) The Utah Statehood Centennial Commission shall cease operations on or before June
26 30, 1998.
27 Section 2. Section 9-1-502 is amended to read:
28 9-1-502. County centennial committee -- Composition -- Powers.
29 (1) (a) Each county executive with the approval of the county legislative body may form
30 a county centennial committee composed of no less than five members.
31 (b) The county executive body shall:
1 (i) solicit applications for membership on the county centennial committee from county
2 residents and residents of other political subdivisions located within the county;
3 (ii) appoint the members of the county centennial committee after consulting with mayors,
4 city and town councils, commissions, community councils, and other community and county
5 leaders; and
6 (iii) ensure that the members of the county centennial committee are nonpartisan, represent
7 the various geographic and population regions of the county, and broadly represent the people of
8 the county.
9 (c) Members of the county centennial committee shall serve until December 31, 1997,
10 until they resign, or until they are removed for cause.
11 (d) After consultation with mayors, city and town councils, commissions, community
12 councils, and other community and county leaders, the county executive body may remove any
13 member of the county centennial committee for cause and may appoint a replacement.
14 (2) County centennial committees may:
15 (a) raise funds;
16 [
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19 and
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21 established by the Utah Statehood Centennial Commission.
22 Section 3. Section 9-1-504 is amended to read:
23 9-1-504. Utah Statehood Centennial Trust.
24 (1) There is established an expendable trust fund known as the Utah Statehood Centennial
25 Trust.
26 (2) The purpose of the trust is to raise money for the celebration of the centennial of Utah's
27 statehood in 1996 and related events and projects to be conducted or implemented under the
28 direction of the Utah Statehood Centennial Commission in accordance with [
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30 (3) The sources of funding for the trust are provided for under Subsections 9-1-501(5)
31 through [
1 (4) Interest on investment funds in the trust shall accrue to the trust.
2 (5) The trust shall be controlled by the Utah Statehood Centennial Commission.
3 (6) On July 1, 1993, the director of the Division of Finance shall close out the centennial
4 commission's nonlapsing dedicated credits and account monies to the trust.
5 (7) The trust created by this section shall terminate on June 30, 1998. On July 1, 1998, the
6 director of the Division of Finance shall close out the trust to the Old Deseret Centennial Account
7 within the General Fund, created by Section 9-1-504.5.
8 Section 4. Section 9-1-505 is amended to read:
9 9-1-505. Utah Statehood Centennial Commission borrowing authority -- Terms of
10 repayment -- Funds dedicated to repayment.
11 (1) The disbursement authorized under Subsection 9-1-501(9) shall be repaid without
12 interest by the Utah Statehood Centennial Commission in accordance with the following schedule:
13 (a) at least 50% of the outstanding balance shall be repaid no later than December 15,
14 1996; and
15 (b) the remainder of the disbursement shall be paid in full no later than June 30, 1997.
16 (2) (a) [
17 Statehood Centennial Commission shall dedicate to repayment of the disbursement authorized
18 under Subsection 9-1-501(9) 70% of the revenues received from special fees paid for purchase or
19 renewal of centennial license plates [
20 Commission deducts the actual production and administrative costs associated with making and
21 issuing the centennial license plates [
22 (b) [
23 centennial license plates as provided in [
24 the expendable trust fund established in Section 9-1-504 for use by the Utah Statehood Centennial
25 Commission [
26 (c) [
27 of centennial license plates as provided in [
28 into the expendable trust fund established in Section 9-1-504 for use by the Utah Statehood
29 Centennial Commission as provided in Subsection 9-1-501(7)(b).
30 (3) Notwithstanding Subsection 9-1-501(7)(b) and except as provided in Subsection (5),
31 the Utah Statehood Centennial Commission shall dedicate to repayment of the disbursement
1 authorized under Subsection 9-1-501(9) 80% of the revenues received from fees for the licensure
2 or other authorized use of the slogan, logo, design, or other centennial commission property
3 protected by trademark or copyright as provided in Subsection 9-1-501(8).
4 (4) Dedications to repayment under Subsections (2) and (3) shall begin no later than 90
5 days from the date any funds are disbursed by the Department of Community and Economic
6 Development to the Utah Statehood Centennial Commission.
7 (5) Upon full repayment of the disbursement by the Utah Statehood Centennial
8 Commission as provided in Subsections (2) and (3), the Utah Statehood Centennial Commission
9 is not required to dedicate any further revenues to repayment.
10 Section 5. Section 41-1a-402 is amended to read:
11 41-1a-402. Required colors, numerals, and letters -- Expiration.
12 (1) [
13 selected by the commission and shall have displayed on it:
14 (a) the registration number assigned to the vehicle for which it is issued;
15 (b) the name of the state;
16 (c) a designation of the county in which the vehicle is registered as provided in Section
17 41-1a-406;
18 (d) the date of expiration; and
19 (e) a slogan determined as provided in Section 41-1a-405.
20 (2) If registration is extended by affixing a validation decal to the license plate, the
21 expiration date of the decal governs the expiration date of the license plate.
22 (3) Beginning July 1, 1997, each original license plate that is not one of the special group
23 license plates issued under Section 41-1a-408 shall be a:
24 (a) statehood centennial license plate with the same color, design, and slogan as the plates
25 issued in conjunction with the statehood centennial; or
26 (b) Ski Utah license plate until inventories as of July 1, 1997, of the Ski Utah license plate
27 format are depleted.
28 Section 6. Section 41-1a-408 is amended to read:
29 41-1a-408. Special group plates -- Design -- Application -- Issuance.
30 (1) As used in this section:
31 (a) "Collegiate license plates" means the special group license plates issued under this
1 section to a contributor to an institution after payment of the appropriate fees.
2 (b) (i) "Contributor" means a person who has donated or in whose name at least $25 has
3 been donated to:
4 (A) a scholastic scholarship fund of a single institution;
5 (B) the Office of Veterans' Affairs in the Department of Community and Economic
6 Development for veterans' programs; or
7 (C) the Division of Wildlife Resources for conservation of wildlife and the enhancement,
8 preservation, protection, access, and management of wildlife habitat.
9 (ii) Except as provided under Subsection (13), the donation must be made in the 12 months
10 prior to registration or renewal of registration.
11 (c) "Institution" means a state institution of higher education or a private institution of
12 higher education in the state accredited by a regional or national accrediting agency recognized
13 by the United States Department of Education.
14 (d) "State institution of higher education" has the same meaning as provided in Section
15 53B-3-102.
16 (e) "Veterans' license plates" means the special group license plates issued under this
17 section to a contributor to the Office of Veterans' Affairs after payment of the appropriate fees.
18 (f) "Wildlife license plates" means the special group license plates issued under this
19 section to a contributor to the Division of Wildlife Resources after payment of the appropriate fees.
20 (2) (a) The design and maximum number of numerals or characters on special group
21 license plates shall be determined by the division in accordance with the criteria in Subsection
22 (2)(b).
23 (b) Except for [
24 special group license plate shall display:
25 (i) the word Utah;
26 (ii) the name or identifying slogan of the special group;
27 (iii) a symbol not exceeding two positions in size representing the special group; and
28 (iv) the combination of letters, numbers, or both uniquely identifying the registered
29 vehicle.
30 (3) (a) The division shall, after consultation with a representative designated by the special
31 group, specify the word or words comprising the special group name and the symbol to be
1 displayed upon the special group license plates.
2 (b) Collegiate, veterans', and wildlife license plates may not be redesigned under this
3 section more frequently than every five years.
4 (c) Veterans' license plates shall display one of the symbols representing the Army, Navy,
5 Air Force, Marines, or Coast Guard.
6 (4) Subject to Subsections (10) and (12), the division shall only issue special group license
7 plates to a person who is:
8 (a) a current member of the Legislature;
9 (b) a current member of the United States Congress;
10 (c) a survivor of the Japanese attack on Pearl Harbor;
11 (d) a former prisoner of war;
12 (e) a recipient of a Purple Heart, as provided in Section 41-1a-409;
13 (f) a current member of the National Guard;
14 (g) a person with a disability or the registered owner of a vehicle that an organization uses
15 primarily for the transportation of persons with disabilities that limit or impair the ability to walk;
16 (h) a contributor to an institution's scholastic scholarship fund;
17 (i) a contributor to the Division of Wildlife Resources;
18 (j) a contributor to the Office of Veterans' Affairs;
19 (k) licensing a special interest vehicle;
20 (l) licensing a vintage vehicle;
21 (m) a licensed amateur radio operator;
22 (n) registering a farm truck; or
23 (o) a currently employed, volunteer, or retired firefighter.
24 (5) (a) A vehicle displaying a survivor of the Japanese attack on Pearl Harbor license plate
25 decal, a former prisoner of war license plate decal, or a Purple Heart license plate decal shall be
26 titled in the name of the veteran or the veteran and spouse.
27 (b) Upon the death of the veteran, the surviving spouse may, upon application to the
28 division, retain the special group license plate decal so long as the surviving spouse remains
29 unmarried.
30 (c) The division shall require the surviving spouse to make a sworn statement that the
31 surviving spouse is unmarried before renewing the registration under this section.
1 (6) (a) (i) In accordance with rules made under Subsection (12), the division shall issue
2 a person with a disability special group license plate, temporary removable windshield placard,
3 or a removable windshield placard to:
4 (A) a qualifying person with a disability; or
5 (B) an organization that uses a vehicle registered in the applicant's name primarily for the
6 transportation of persons with disabilities that limit or impair the ability to walk.
7 (ii) The division shall issue a person with a disability special group license plate or a
8 removable windshield placard to a person with a permanent disability.
9 (iii) The issuance of a person with a disability special group license plate does not preclude
10 the issuance to the same applicant of a removable windshield placard.
11 (iv) The division shall issue on request one additional placard to a person with a person
12 with a disability special group license plate, temporary removable windshield placard, or a
13 removable windshield placard.
14 (b) The temporary removable windshield placard or removable windshield placard shall
15 be hung from the front windshield rearview mirror when the vehicle is parked in a parking space
16 reserved for persons with disabilities so that it is visible from the front and rear of the vehicle.
17 (7) (a) An applicant for original or renewal collegiate license plates must be a contributor
18 to the institution named in the application and present the original contribution verification form
19 to the division at the time of application.
20 (b) An institution with a special group license plate shall issue to a contributor a
21 verification form designed by the commission containing:
22 (i) the name of the contributor;
23 (ii) the institution to which a donation was made;
24 (iii) the date of the donation; and
25 (iv) an attestation that the donation was for a scholastic scholarship.
26 (c) The state auditor may audit each institution to verify that the moneys collected by the
27 institutions from contributors are used for scholastic scholarships.
28 (d) After an applicant has been issued collegiate license plates or renewal decals, the
29 commission shall charge the institution whose plate was issued, a fee determined in accordance
30 with Section 63-38-3.2 for management and administrative expenses incurred in issuing and
31 renewing the collegiate license plates.
1 (8) (a) An applicant for original or renewal wildlife license plates must be a contributor
2 to the Division of Wildlife Resources.
3 (b) This contribution shall be:
4 (i) collected by the division;
5 (ii) treated as a voluntary contribution for the funding of wildlife activities and not as a
6 motor vehicle registration fee; and
7 (iii) deposited into the Wildlife Resources Account created in Section 23-14-13, less actual
8 production and administrative costs associated with making and issuing wildlife license plates.
9 (9) The division shall issue [
10 plates.
11 (10) (a) An organization that makes a significant contribution to the state may request the
12 commission to authorize special group license plates for the organization if the organization
13 collects a minimum of 500 applications with the fees required under Section 41-1a-1211.
14 (b) If the commission approves the request, the division shall design a license plate in
15 accordance with Subsections (2) and (3).
16 (c) If the commission rejects the request, the organization shall refund all fees to the
17 applicants.
18 (11) Any person who meets the criteria established under this part for issuance of special
19 group license plates may make application in the same manner provided in Sections 41-1a-410 and
20 41-1a-411 for personalized special group license plates.
21 (12) (a) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
22 Administrative Rulemaking Act, to:
23 (i) establish qualifying criteria for persons to receive, renew, or surrender special group
24 license plates, a temporary removable windshield placard, or a removable windshield placard;
25 (ii) establish the maximum number of numerals or characters for special group license
26 plates; and
27 (iii) require all temporary removable windshield placards and removable windshield
28 placards to include:
29 (A) an identification number;
30 (B) an expiration date not to exceed six months for a temporary removable windshield
31 placard and one year for a removable windshield placard; and
1 (C) the seal or other identifying mark of the division.
2 (b) The qualifying criteria under Subsection (12)(a) for a person with a disability special
3 group license plate, temporary removable windshield placard, or removable windshield placard
4 shall include a requirement that an initial application of a person with a disability be accompanied
5 by the certification of a licensed physician:
6 (i) that the applicant meets the definition of a person with a disability that limits or impairs
7 the ability to walk as defined in the federal Uniform System for Handicapped Parking, 58 Fed.
8 Reg. 10, 328 (1991); and
9 (ii) containing the period of time that the physician determines the applicant will have the
10 disability, not to exceed six months in the case of a temporary disability.
11 (13) (a) Beginning January 1, 1997, the division may issue original veterans' license plates.
12 (b) An applicant for original veterans' license plates must be at least a one-time contributor
13 to the Office of Veterans' Affairs.
14 (c) This contribution shall be:
15 (i) collected by the division;
16 (ii) treated as a voluntary contribution for the Office of Veterans' Affairs and not as a
17 motor vehicle registration fee; and
18 (iii) transferred to the Office of Veterans' Affairs at least monthly, less actual production
19 and administrative costs associated with making and issuing veterans' license plates.
20 Section 7. Section 41-1a-1201 is amended to read:
21 41-1a-1201. Disposition of fees.
22 (1) All fees received and collected under this part shall be transmitted daily to the state
23 treasurer.
24 (2) Except as provided in Subsections (3) and (4), and Subsection 41-1a-408(8), all fees
25 collected under this part shall be deposited in the Transportation Fund.
26 (3) (a) Funds generated under Subsections 41-1a-1211(1)(a), [
27 Section 41-1a-1212 may be used by the commission as a dedicated credit to cover the costs
28 incurred in issuing license plates under Part 4, License Plates and Registration Indicia.
29 (b) Funds collected under Subsections 41-1a-1211(3), (5)(b), and (5)(c), less the actual
30 cost incurred by the division in purchasing decals for special group license plates, shall be
31 deposited in the Transportation Fund.
1 (c) Fees for statehood centennial [
2 deposited[
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4 Fund, less production and administrative costs incurred by the commission.
5 (d) Fees for Olympic special group license plates shall be collected and deposited as
6 provided under Section 41-1a-417.
7 (4) All funds available to the commission for purchase and distribution of license plates
8 and decals are nonlapsing.
9 (5) Except as provided in Subsection (3) and Section 41-1a-1205, the expenses of the
10 commission in enforcing and administering this part shall be provided for by legislative
11 appropriation from the revenues of the Transportation Fund.
12 Section 8. Section 41-1a-1211 is amended to read:
13 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
14 personalized and special group license plates -- Replacement fee for license plates -- Postage
15 fees.
16 (1) A license plate fee of $5 per set shall be paid to the division for the issuance of any
17 new license plate under Part 4, License Plates and Registration Indicia, except for license plates
18 issued under Sections 41-1a-407 and 41-1a-417. The license plate fee shall be deposited as
19 follows:
20 (a) $4 as provided in Section 41-1a-1201; and
21 (b) $1 in the Transportation Fund.
22 (2) An applicant for original issuance of personalized license plates issued under Section
23 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee required in
24 Subsection (1).
25 (3) (a) Except as provided in Subsections (3)(b)[
26 original issuance of special group license plates issued under Section 41-1a-408 shall pay a $50
27 per set license plate application fee in addition to the fee required under Subsection (1).
28 (b) A person who qualifies for a licensed amateur radio operator special group license plate
29 shall pay a $5 fee for the original set of license plates in addition to the fee required under
30 Subsection (1).
31 (c) A person who qualifies for legislative, United States Congressional, person with a
1 disability, collegiate, veterans', wildlife, National Guard, Purple Heart, Prisoner of War, Survivor
2 of the Japanese Attack on Pearl Harbor, firefighter, or farm vehicle special group license plates is
3 exempt from payment of special group license plate application fees imposed under this
4 subsection.
5 (4) An applicant for original issuance of personalized special group license plates shall pay
6 the license plate application fees required in Subsection (2) in addition to the license plate fees and
7 license plate application fees established under Subsections (1)[
8 (5) The following application fees for renewal of personalized and special group license
9 plates shall be paid to the division at the time of renewal of registration:
10 (a) an applicant for renewal of personalized license plates issued under Section 41-1a-410
11 shall pay a $10 per set application fee;
12 (b) except as provided in [
13 renewal of special group license plates issued under Section 41-1a-408 shall pay a $10 per set
14 application fee; and
15 (c) an applicant for renewal of legislative, United States Congressional, person with a
16 disability, collegiate, wildlife, National Guard, Purple Heart, Prisoner of War, Survivor of the
17 Japanese Attack on Pearl Harbor, farm vehicle, vintage vehicle, firefighter, or licensed amateur
18 radio operator special group license plates is exempt from payment of application fees imposed
19 under this subsection.
20 [
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31 the application fee required in Subsection (5)(a) in addition to the applicable application fees for
1 renewal of license plates established under Subsections (5)(b)[
2 [
3 issued under Part 4, License Plates and Registration Indicia. The license plate fee shall be
4 deposited as follows:
5 (a) $4 as provided in Section 41-1a-1201; and
6 (b) $1 in the Transportation Fund.
7 [
8 costs for the replacement of decals issued under Section 41-1a-408.
9 [
10 the cost of issuing stickers under Section 41-1a-416.
11 [
12 a fee established under Section 63-38-3.2 to cover postage expenses if new or replacement license
13 plates are mailed to the applicant.
14 [
15 registration fees required under Section 41-1a-1206.
16 [
17 applicants for original Olympic special group license plates or renewal of registration with
18 Olympic special group license plates shall pay the fees required under Section 41-1a-417.
19 Section 9. Repealer.
20 This act repeals:
21 Section 9-1-503, Centennial license plates -- Fees -- Design.
22 Section 10. Effective date.
23 This act takes effect on July 1, 1997.
Legislative Review Note
as of 2-6-97 9:17 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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