H.B. 326

1

SPECIAL LICENSE PLATE
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: DeMar Bud Bowman
5 This act modifies the Motor Vehicle Code to authorize special group plates for current
6 members of Lions Clubs International. The act makes technical changes. The act provides
7 an October 1, 2002 effective date.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-1a-408, as last amended by Chapters 73, 345 and 369, Laws of Utah 2001
11 41-1a-1211, as last amended by Chapters 345 and 369, Laws of Utah 2001
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 41-1a-408 is amended to read:
14 41-1a-408. Special group plates -- Design -- Application -- Issuance.
15 (1) As used in this section:
16 (a) "Boy Scouts of America license plates" means the special group license plates issued
17 under this section to a contributor to the Boy Scouts of America.
18 (b) "Children's issues license plates" means the special group license plates issued under
19 this section to a contributor to the Guardian Ad Litem Services Account and the Children's
20 Museum of Utah.
21 (c) "Collegiate license plates" means the special group license plates issued under this
22 section to a contributor to an institution after payment of the appropriate fees.
23 (d) (i) "Contributor" means a person who has donated or in whose name at least $25 has
24 been donated to:
25 (A) a scholastic scholarship fund of a single institution;
26 (B) the Office of Veterans' Affairs in the Department of Community and Economic
27 Development for veterans' programs;

28 (C) the Division of Wildlife Resources for conservation of wildlife and the enhancement,
29 preservation, protection, access, and management of wildlife habitat;
30 (D) the Department of Agriculture and Food for the benefit of soil conservation districts;
31 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
32 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
33 the donation evenly divided between the two;
34 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America council
35 as specified by the contributor; or
36 (H) No More Homeless Pets in Utah for distribution to organizations or individuals that
37 provide spay and neuter programs that subsidize the sterilization of domestic animals.
38 (ii) Except as provided under Subsection (13), the donation must be made in the 12 months
39 prior to registration or renewal of registration.
40 (e) "Institution" means a state institution of higher education or a private institution of
41 higher education in the state accredited by a regional or national accrediting agency recognized by
42 the United States Department of Education.
43 (f) "Snowmobile license plates" means the special group license plates issued under this
44 section to a contributor to the Division of Parks and Recreation after payment of the appropriate
45 fees.
46 (g) "Soil conservation license plates" means the special group license plates issued under
47 this section to a contributor to the Department of Agriculture and Food after payment of the
48 appropriate fees.
49 (h) "Spay and neuter license plates" means the special group license plates issued under
50 this section to a contributor to spay and neuter programs through No More Homeless Pets in Utah.
51 (i) "State institution of higher education" has the same meaning as provided in Section
52 53B-3-102 .
53 (j) "Veterans' license plates" means the special group license plates issued under this
54 section to a contributor to the Office of Veterans' Affairs after payment of the appropriate fees.
55 (k) "Wildlife license plates" means the special group license plates issued under this
56 section to a contributor to the Division of Wildlife Resources after payment of the appropriate fees.
57 (2) (a) The design and maximum number of numerals or characters on special group
58 license plates shall be determined by the division in accordance with the criteria in Subsection

59 (2)(b).
60 (b) Except for Olympic special group license plates, each special group license plate shall
61 display:
62 (i) the word Utah;
63 (ii) the name or identifying slogan of the special group;
64 (iii) a symbol not exceeding two positions in size representing the special group; and
65 (iv) the combination of letters, numbers, or both uniquely identifying the registered
66 vehicle.
67 (3) (a) The division shall, after consultation with a representative designated by the special
68 group, specify the word or words comprising the special group name and the symbol to be
69 displayed upon the special group license plates.
70 (b) Collegiate, veterans', children's issues, snowmobile, soil conservation, Boy Scouts of
71 America, spay and neuter, and wildlife license plates may not be redesigned under this section
72 more frequently than every five years.
73 (c) Veterans' license plates shall display one of the symbols representing the Army, Navy,
74 Air Force, Marines, or Coast Guard.
75 (4) Subject to Subsections (10) and (12), the division shall only issue special group license
76 plates to a person who is:
77 (a) a current member of the Legislature;
78 (b) a current member of the United States Congress;
79 (c) a survivor of the Japanese attack on Pearl Harbor;
80 (d) a former prisoner of war;
81 (e) a recipient of a Purple Heart, as provided in Section 41-1a-409 ;
82 (f) a current member of the National Guard;
83 (g) a person with a disability or the registered owner of a vehicle that an organization uses
84 primarily for the transportation of persons with disabilities that limit or impair the ability to walk;
85 (h) a contributor to an institution's scholastic scholarship fund;
86 (i) a contributor to the Division of Wildlife Resources;
87 (j) a contributor to the Office of Veterans' Affairs;
88 (k) licensing a special interest vehicle;
89 (l) licensing a vintage vehicle;

90 (m) a licensed amateur radio operator;
91 (n) registering a farm truck;
92 (o) a currently employed, volunteer, or retired firefighter;
93 (p) a contributor to the Division of Parks and Recreation;
94 (q) a contributor to the Department of Agriculture and Food;
95 (r) a contributor to the Guardian Ad Litem Services Account and the Children's Museum
96 of Utah;
97 (s) a contributor to the Boy Scouts of America;
98 (t) an emergency medical technician;
99 (u) a contributor to spay and neuter programs through No More Homeless Pets in Utah;
100 [or]
101 (v) a current member of the Lions Clubs International; or
102 [(v)] (w) [beginning October 1, 2001,] licensing a vehicle powered by clean fuel and for
103 which a current clean special fuel certificate is maintained as provided in Section 59-13-304 .
104 (5) (a) A vehicle displaying a survivor of the Japanese attack on Pearl Harbor license plate
105 decal, a former prisoner of war license plate decal, or a Purple Heart license plate decal shall be
106 titled in the name of the veteran or the veteran and spouse.
107 (b) Upon the death of the veteran, the surviving spouse may, upon application to the
108 division, retain the special group license plate decal so long as the surviving spouse remains
109 unmarried.
110 (c) The division shall require the surviving spouse to make a sworn statement that the
111 surviving spouse is unmarried before renewing the registration under this section.
112 (6) (a) (i) In accordance with rules made under Subsection (12), the division shall issue
113 a person with a disability special group license plate, temporary removable windshield placard, or
114 a removable windshield placard to:
115 (A) a qualifying person with a disability; or
116 (B) an organization that uses a vehicle registered in the applicant's name primarily for the
117 transportation of persons with disabilities that limit or impair the ability to walk.
118 (ii) The division shall issue a person with a disability special group license plate or a
119 removable windshield placard to a person with a permanent disability.
120 (iii) The issuance of a person with a disability special group license plate does not preclude

121 the issuance to the same applicant of a removable windshield placard.
122 (iv) The division shall issue on request one additional placard to a person with a person
123 with a disability special group license plate, temporary removable windshield placard, or a
124 removable windshield placard.
125 (b) The temporary removable windshield placard or removable windshield placard shall
126 be hung from the front windshield rearview mirror when the vehicle is parked in a parking space
127 reserved for persons with disabilities so that it is visible from the front and rear of the vehicle.
128 (7) (a) An applicant for original or renewal collegiate license plates must be a contributor
129 to the institution named in the application and present the original contribution verification form
130 or make a contribution to the division at the time of application.
131 (b) An institution with a special group license plate shall issue to a contributor a
132 verification form designed by the commission containing:
133 (i) the name of the contributor;
134 (ii) the institution to which a donation was made;
135 (iii) the date of the donation; and
136 (iv) an attestation that the donation was for a scholastic scholarship.
137 (c) The state auditor may audit each institution to verify that the moneys collected by the
138 institutions from contributors are used for scholastic scholarships.
139 (d) After an applicant has been issued collegiate license plates or renewal decals, the
140 commission shall charge the institution whose plate was issued, a fee determined in accordance
141 with Section 63-38-3.2 for management and administrative expenses incurred in issuing and
142 renewing the collegiate license plates.
143 (e) If the contribution is made at the time of application, the contribution shall be:
144 (i) collected by the division;
145 (ii) treated as a voluntary contribution for the named institution's scholastic scholarship
146 fund and not as a motor vehicle registration fee; and
147 (iii) deposited with the named institution, less actual production and administrative costs
148 associated with making and issuing collegiate license plates.
149 (8) (a) An applicant for original or renewal wildlife license plates must be a contributor
150 to the Division of Wildlife Resources.
151 (b) This contribution shall be:

152 (i) collected by the division;
153 (ii) treated as a voluntary contribution for the funding of wildlife activities and not as a
154 motor vehicle registration fee; and
155 (iii) deposited into the Wildlife Resources Account created in Section 23-14-13 , less actual
156 production and administrative costs associated with making and issuing wildlife license plates.
157 (9) The division shall issue Olympic special group license plates.
158 (10) (a) An organization that makes a significant contribution to the state may request the
159 commission to authorize special group license plates for the organization if the organization
160 collects a minimum of 500 applications with the fees required under Section 41-1a-1211 .
161 (b) If the commission approves the request, the division shall design a license plate in
162 accordance with Subsections (2) and (3).
163 (c) If the commission rejects the request, the organization shall refund all fees to the
164 applicants.
165 (11) Any person who meets the criteria established under this part for issuance of special
166 group license plates may make application in the same manner provided in Sections 41-1a-410 and
167 41-1a-411 for personalized special group license plates.
168 (12) (a) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
169 Administrative Rulemaking Act, to:
170 (i) establish qualifying criteria for persons to receive, renew, or surrender special group
171 license plates, a temporary removable windshield placard, or a removable windshield placard;
172 (ii) establish the maximum number of numerals or characters for special group license
173 plates; and
174 (iii) require all temporary removable windshield placards and removable windshield
175 placards to include:
176 (A) an identification number;
177 (B) an expiration date not to exceed six months for a temporary removable windshield
178 placard and two years for a removable windshield placard; and
179 (C) the seal or other identifying mark of the division.
180 (b) The qualifying criteria under Subsection (12)(a) for a person with a disability special
181 group license plate, temporary removable windshield placard, or removable windshield placard
182 shall include a requirement that an initial application of a person with a disability be accompanied

183 by the certification of a licensed physician:
184 (i) that the applicant meets the definition of a person with a disability that limits or impairs
185 the ability to walk as defined in the federal Uniform System for Parking for Persons with
186 Disabilities, 23 C.F.R. Ch. 11, Subch. B, Pt. 1235.2 (1991); and
187 (ii) containing the period of time that the physician determines the applicant will have the
188 disability, not to exceed six months in the case of a temporary disability.
189 (13) (a) The division may issue original veterans' license plates.
190 (b) An applicant for original veterans' license plates must be at least a one-time contributor
191 to the Office of Veterans' Affairs.
192 (c) This contribution shall be:
193 (i) collected by the division;
194 (ii) treated as a voluntary contribution for the Office of Veterans' Affairs and not as a
195 motor vehicle registration fee; and
196 (iii) transferred to the Office of Veterans' Affairs at least monthly, less actual production
197 and administrative costs associated with making and issuing veterans' license plates.
198 (14) (a) The division may issue original snowmobile license plates if the Division of Parks
199 and Recreation provides a one-time contribution of at least $9,000 to the division from restricted
200 revenue in the Off-Highway Vehicle Account in the General Fund to cover startup materials and
201 programming costs.
202 (b) An applicant for original snowmobile license plates must be a contributor to the
203 Division of Parks and Recreation.
204 (c) This contribution shall be:
205 (i) collected by the division;
206 (ii) treated as a voluntary contribution for the Division of Parks and Recreation for the
207 benefit of snowmobile programs and not as a motor vehicle registration fee; and
208 (iii) transferred to the Division of Parks and Recreation at least monthly, less actual
209 production and administrative costs associated with making and issuing snowmobile license plates.
210 (15) (a) (i) The division may issue original soil conservation license plates if soil
211 conservation districts provide a one-time contribution of at least $9,000 to the division to cover
212 startup materials and programming costs.
213 (ii) The contribution described in Subsection (15)(a)(i) may be from private funds

214 available to soil conservation districts.
215 (b) An applicant for original soil conservation license plates must be a contributor to the
216 Department of Agriculture and Food.
217 (c) This contribution shall be:
218 (i) collected by the division;
219 (ii) treated as a voluntary contribution for the Department of Agriculture and Food for the
220 benefit of soil conservation districts and not as a motor vehicle registration fee; and
221 (iii) transferred to the Department of Agriculture and Food at least monthly, less actual
222 production and administrative costs associated with making and issuing soil conservation license
223 plates.
224 (16) (a) (i) The division may issue original children's issues license plates if the Office of
225 the Guardian Ad Litem Director and the Children's Museum of Utah each provide a one-time
226 contribution of at least $4,500 to the division to cover startup materials and programming costs.
227 (ii) The contribution described in Subsection (16)(a)(i) from the Office of the Guardian
228 Ad Litem Director shall be from private funds not normally available to the Office of the Guardian
229 Ad Litem Director.
230 (b) An applicant for original or renewal children's issues license plates must be a
231 contributor to the Guardian Ad Litem Services Account and the Children's Museum of Utah.
232 (c) This contribution shall be:
233 (i) collected by the division;
234 (ii) treated as a voluntary contribution for the Guardian Ad Litem Services Account and
235 the Children's Museum of Utah and not as a motor vehicle registration fee; and
236 (iii) transferred to the Guardian Ad Litem Services Account and the Children's Museum
237 of Utah at least monthly, less actual production and administrative costs associated with making
238 and issuing children's issues license plates.
239 (17) A current member of the Legislature may select the Olympic license plate as the
240 legislator's special group license plate. The legislator shall pay the special fees for the Olympic
241 license plate, as provided in Section 41-1a-417 and Subsection 41-1a-1211 (12).
242 (18) (a) Beginning January 1, 2001, the division may issue original Boy Scouts of America
243 license plates if the Boy Scouts of America provides a one-time contribution of at least $9,000 to
244 the division to cover startup materials and programming costs.

245 (b) An applicant for original or renewal Boy Scouts of America license plates must be a
246 contributor to the Boy Scouts of America.
247 (c) This contribution shall be:
248 (i) collected by the division;
249 (ii) treated as a voluntary contribution for the Boy Scouts of America and not as a motor
250 vehicle registration fee; and
251 (iii) transferred to the Boy Scouts of America at least monthly, less actual production and
252 administrative costs associated with making and issuing Boy Scouts of America license plates.
253 (19) (a) Beginning January 1, 2002, the division may issue original spay and neuter license
254 plates if No More Homeless Pets in Utah provides a one-time contribution of at least $9,000 to the
255 division to cover startup materials and programming costs.
256 (b) An applicant for original or renewal spay and neuter license plates must be a
257 contributor to spay and neuter programs.
258 (c) This contribution shall be:
259 (i) collected by the division;
260 (ii) treated as a voluntary contribution to No More Homeless Pets in Utah for spay and
261 neuter programs and not as a motor vehicle registration fee; and
262 (iii) transferred to No More Homeless Pets in Utah at least monthly, less actual production
263 and administrative costs associated with making and issuing spay and neuter license plates.
264 Section 2. Section 41-1a-1211 is amended to read:
265 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
266 personalized and special group license plates -- Replacement fee for license plates -- Postage
267 fees.
268 (1) A license plate fee of $5 per set shall be paid to the division for the issuance of any new
269 license plate under Part 4, License Plates and Registration Indicia, except for license plates issued
270 under Sections 41-1a-407 and 41-1a-417 . The license plate fee shall be deposited as follows:
271 (a) $4 as provided in Section 41-1a-1201 ; and
272 (b) $1 in the Transportation Fund.
273 (2) An applicant for original issuance of personalized license plates issued under Section
274 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee required in
275 Subsection (1).

276 (3) (a) Except as provided in Subsections (3)(b) and [(3)](c), applicants for original
277 issuance of special group license plates issued under Section 41-1a-408 shall pay a $50 per set
278 license plate application fee in addition to the fee required under Subsection (1).
279 (b) A person who qualifies for a licensed amateur radio operator or Lions Clubs
280 International special group license plate shall pay a $5 fee for the original set of license plates in
281 addition to the fee required under Subsection (1).
282 (c) A person who qualifies for legislative, United States Congressional, person with a
283 disability, collegiate, veterans', wildlife, National Guard, Purple Heart, Prisoner of War, Survivor
284 of the Japanese Attack on Pearl Harbor, firefighter, children's issues, snowmobile, soil
285 conservation, Boy Scouts of America, spay and neuter, farm vehicle, emergency medical
286 technician, or clean fuel special group license plates is exempt from payment of special group
287 license plate application fees imposed under this Subsection (3).
288 (4) An applicant for original issuance of personalized special group license plates shall pay
289 the license plate application fees required in Subsection (2) in addition to the license plate fees and
290 license plate application fees established under Subsections (1) and (3).
291 (5) The following application fees for renewal of personalized and special group license
292 plates shall be paid to the division at the time of renewal of registration:
293 (a) an applicant for renewal of personalized license plates issued under Section 41-1a-410
294 shall pay a $10 per set application fee;
295 (b) except as provided in Subsection (5)(c), an applicant for renewal of special group
296 license plates issued under Section 41-1a-408 shall pay a $10 per set application fee; and
297 (c) an applicant for renewal of legislative, United States Congressional, person with a
298 disability, collegiate, wildlife, National Guard, Purple Heart, Prisoner of War, Survivor of the
299 Japanese Attack on Pearl Harbor, farm vehicle, vintage vehicle, firefighter, children's issues,
300 snowmobile, soil conservation, Boy Scouts of America, spay and neuter, emergency medical
301 technician, Lions Clubs International, clean fuel, or licensed amateur radio operator special group
302 license plates is exempt from payment of application fees imposed under Subsection (5)(b).
303 (6) An applicant for renewal of personalized special group license plates shall pay the
304 application fee required in Subsection (5)(a) in addition to the applicable application fees for
305 renewal of license plates established under Subsections (5)(b) and [(5)](c).
306 (7) A fee of $5 shall be paid to the division for the replacement of any license plate issued

307 under Part 4, License Plates and Registration Indicia. The license plate fee shall be deposited as
308 follows:
309 (a) $4 as provided in Section 41-1a-1201 ; and
310 (b) $1 in the Transportation Fund.
311 (8) The division may charge a fee established under Section 63-38-3.2 to recover its costs
312 for the replacement of decals issued under Section 41-1a-408 .
313 (9) The division may charge a fee established under Section 63-38-3.2 to recover the cost
314 of issuing stickers under Section 41-1a-416 .
315 (10) In addition to any other fees required by this section, the division shall assess a fee
316 established under Section 63-38-3.2 to cover postage expenses if new or replacement license plates
317 are mailed to the applicant.
318 (11) The fees required under this section are separate from and in addition to registration
319 fees required under Section 41-1a-1206 .
320 (12) For vehicles with registration years expiring on or before June 30, 2002, applicants
321 for original Olympic special group license plates or renewal of registration with Olympic special
322 group license plates shall pay the fees required under Section 41-1a-417 .
323 Section 3. Effective date.
324 This act takes effect on October 1, 2002.




Legislative Review Note
as of 2-5-02 10:08 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel