First Substitute S.B. 97

Senator Robert F. Montgomery proposes to substitute the following bill:

1 LICENSE PLATES - SNOWBOARD UTAH
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Robert F. Montgomery
5 AN ACT RELATING TO MOTOR VEHICLES; AUTHORIZING SNOWBOARD SPECIAL
6 GROUP LICENSE PLATES; AND PROVIDING AN EFFECTIVE DATE.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 41-1a-408, as last amended by Chapter 384, Laws of Utah 1997
10 41-1a-1211, as last amended by Chapter 384, Laws of Utah 1997
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 41-1a-408 is amended to read:
13 41-1a-408. Special group plates -- Design -- Application -- Issuance.
14 (1) As used in this section:
15 (a) "Collegiate license plates" means the special group license plates issued under this
16 section to a contributor to an institution after payment of the appropriate fees.
17 (b) (i) "Contributor" means a person who has donated or in whose name at least $25 has
18 been donated to:
19 (A) a scholastic scholarship fund of a single institution;
20 (B) the Office of Veterans' Affairs in the Department of Community and Economic
21 Development for veterans' programs; or
22 (C) the Division of Wildlife Resources for conservation of wildlife and the enhancement,
23 preservation, protection, access, and management of wildlife habitat.
24 (ii) Except as provided under Subsection (13), the donation must be made in the 12 months
25 prior to registration or renewal of registration.

1 (c) "Institution" means a state institution of higher education or a private institution of
2 higher education in the state accredited by a regional or national accrediting agency recognized
3 by the United States Department of Education.
4 (d) "State institution of higher education" has the same meaning as provided in Section
5 53B-3-102.
6 (e) "Veterans' license plates" means the special group license plates issued under this
7 section to a contributor to the Office of Veterans' Affairs after payment of the appropriate fees.
8 (f) "Wildlife license plates" means the special group license plates issued under this
9 section to a contributor to the Division of Wildlife Resources after payment of the appropriate fees.
10 (2) (a) The design and maximum number of numerals or characters on special group
11 license plates shall be determined by the division in accordance with the criteria in Subsection
12 (2)(b).
13 (b) Except for Olympic special group license plates, each special group license plate shall
14 display:
15 (i) the word Utah;
16 (ii) the name or identifying slogan of the special group;
17 (iii) a symbol not exceeding two positions in size representing the special group; and
18 (iv) the combination of letters, numbers, or both uniquely identifying the registered
19 vehicle.
20 (3) (a) The division shall, after consultation with a representative designated by the special
21 group, specify the word or words comprising the special group name and the symbol to be
22 displayed upon the special group license plates.
23 (b) Collegiate, veterans', and wildlife license plates may not be redesigned under this
24 section more frequently than every five years.
25 (c) Veterans' license plates shall display one of the symbols representing the Army, Navy,
26 Air Force, Marines, or Coast Guard.
27 (4) Subject to Subsections (10) and (12), the division shall only issue special group license
28 plates to a person who is:
29 (a) a current member of the Legislature;
30 (b) a current member of the United States Congress;
31 (c) a survivor of the Japanese attack on Pearl Harbor;

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1 (d) a former prisoner of war;
2 (e) a recipient of a Purple Heart, as provided in Section 41-1a-409;
3 (f) a current member of the National Guard;
4 (g) a person with a disability or the registered owner of a vehicle that an organization uses
5 primarily for the transportation of persons with disabilities that limit or impair the ability to walk;
6 (h) a contributor to an institution's scholastic scholarship fund;
7 (i) a contributor to the Division of Wildlife Resources;
8 (j) a contributor to the Office of Veterans' Affairs;
9 (k) licensing a special interest vehicle;
10 (l) licensing a vintage vehicle;
11 (m) a licensed amateur radio operator;
12 (n) registering a farm truck; [or]
13 (o) a currently employed, volunteer, or retired firefighter; or
14 (p) a member of the public requesting a snowboard license plate.
15 (5) (a) A vehicle displaying a survivor of the Japanese attack on Pearl Harbor license plate
16 decal, a former prisoner of war license plate decal, or a Purple Heart license plate decal shall be
17 titled in the name of the veteran or the veteran and spouse.
18 (b) Upon the death of the veteran, the surviving spouse may, upon application to the
19 division, retain the special group license plate decal so long as the surviving spouse remains
20 unmarried.
21 (c) The division shall require the surviving spouse to make a sworn statement that the
22 surviving spouse is unmarried before renewing the registration under this section.
23 (6) (a) (i) In accordance with rules made under Subsection (12), the division shall issue
24 a person with a disability special group license plate, temporary removable windshield placard,
25 or a removable windshield placard to:
26 (A) a qualifying person with a disability; or
27 (B) an organization that uses a vehicle registered in the applicant's name primarily for the
28 transportation of persons with disabilities that limit or impair the ability to walk.
29 (ii) The division shall issue a person with a disability special group license plate or a
30 removable windshield placard to a person with a permanent disability.
31 (iii) The issuance of a person with a disability special group license plate does not preclude

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

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1 (10) (a) An organization that makes a significant contribution to the state may request the
2 commission to authorize special group license plates for the organization if the organization
3 collects a minimum of 500 applications with the fees required under Section 41-1a-1211.
4 (b) If the commission approves the request, the division shall design a license plate in
5 accordance with Subsections (2) and (3).
6 (c) If the commission rejects the request, the organization shall refund all fees to the
7 applicants.
8 (11) Any person who meets the criteria established under this part for issuance of special
9 group license plates may make application in the same manner provided in Sections 41-1a-410 and
10 41-1a-411 for personalized special group license plates.
11 (12) (a) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
12 Administrative Rulemaking Act, to:
13 (i) establish qualifying criteria for persons to receive, renew, or surrender special group
14 license plates, a temporary removable windshield placard, or a removable windshield placard;
15 (ii) establish the maximum number of numerals or characters for special group license
16 plates; and
17 (iii) require all temporary removable windshield placards and removable windshield
18 placards to include:
19 (A) an identification number;
20 (B) an expiration date not to exceed six months for a temporary removable windshield
21 placard and one year for a removable windshield placard; and
22 (C) the seal or other identifying mark of the division.
23 (b) The qualifying criteria under Subsection (12)(a) for a person with a disability special
24 group license plate, temporary removable windshield placard, or removable windshield placard
25 shall include a requirement that an initial application of a person with a disability be accompanied
26 by the certification of a licensed physician:
27 (i) that the applicant meets the definition of a person with a disability that limits or impairs
28 the ability to walk as defined in the federal Uniform System for Handicapped Parking, 58 Fed.
29 Reg. 10, 328 (1991); and
30 (ii) containing the period of time that the physician determines the applicant will have the
31 disability, not to exceed six months in the case of a temporary disability.

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1 (13) (a) [Beginning January 1, 1997, the] The division may issue original veterans' license
2 plates.
3 (b) An applicant for original veterans' license plates must be at least a one-time contributor
4 to the Office of Veterans' Affairs.
5 (c) This contribution shall be:
6 (i) collected by the division;
7 (ii) treated as a voluntary contribution for the Office of Veterans' Affairs and not as a
8 motor vehicle registration fee; and
9 (iii) transferred to the Office of Veterans' Affairs at least monthly, less actual production
10 and administrative costs associated with making and issuing veterans' license plates.
11 (14) Beginning January 1, 1999, the division may issue original snowboard license plates.
12 Section 2. 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) and (3)(c), applicants for original issuance
26 of special group license plates issued under Section 41-1a-408 shall pay a $50 per set license plate
27 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

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1 disability, collegiate, veterans', wildlife, National Guard, Purple Heart, Prisoner of War, Survivor
2 of the Japanese Attack on Pearl Harbor, firefighter, S [snowboard,] s or farm vehicle special group
3 license plates is exempt from payment of special group license plate application fees imposed
4 under this Subsection (3).
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) and (3).
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 Subsection (5)(c), an applicant for renewal of special group
13 license plates issued under Section 41-1a-408 shall pay a $10 per set application fee; and
14 (c) an applicant for renewal of legislative, United States Congressional, person with a
15 disability, collegiate, wildlife, National Guard, Purple Heart, Prisoner of War, Survivor of the
16 Japanese Attack on Pearl Harbor, farm vehicle, vintage vehicle, firefighter, S [snowboard,] s or licensed
17 amateur radio operator special group license plates is exempt from payment of application fees
18 imposed under this Subsection (5).
19 (6) An applicant for renewal of personalized special group license plates shall pay the
20 application fee required in Subsection (5)(a) in addition to the applicable application fees for
21 renewal of license plates established under Subsections (5)(b) and (5)(c).
22 (7) A fee of $5 shall be paid to the division for the replacement of any license plate issued
23 under Part 4, License Plates and Registration Indicia. The license plate fee shall be deposited as
24 follows:
25 (a) $4 as provided in Section 41-1a-1201; and
26 (b) $1 in the Transportation Fund.
27 (8) The division may charge a fee established under Section 63-38-3.2 to recover its costs
28 for the replacement of decals issued under Section 41-1a-408.
29 (9) The division may charge a fee established under Section 63-38-3.2 to recover the cost
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Amend on 2_goldenrod January 28, 1998 30 of issuing stickers under Section 41-1a-416.
31 (10) In addition to any other fees required by this section, the division shall assess a fee

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1 established under Section 63-38-3.2 to cover postage expenses if new or replacement license plates
2 are mailed to the applicant.
3 (11) The fees required under this section are separate from and in addition to registration
4 fees required under Section 41-1a-1206.
5 (12) For vehicles with registration years expiring on or before June 30, 2002, applicants
6 for original Olympic special group license plates or renewal of registration with Olympic special
7 group license plates shall pay the fees required under Section 41-1a-417.
8 Section 3. Effective date.
9 This act takes effect on July 1, 1998.

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