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H.B. 7 Enrolled
This act modifies the Motor Vehicle Code by revising and amending the special group
license plates provisions. This act establishes categories for special group license plates.
This act provides that the Motor Vehicle Division must receive a start-up fee for
production and administrative costs as established by the division prior to issuing any
new type of special group license plates or a legislative appropriation to cover this fee.
This act limits organizations that can obtain any new type of special group license plates,
without legislative action to tax-exempt 501(c)(3) organizations that collect 200 applicants
and that pay the start-up fee. This act allows a redesign fee to be established by the
division for the redesign of special group license plates. This act repeals a $50 initial
license plate fee and its exemptions and a $10 renewal fee and its exemptions and in their
place establishes a $5 initial license plate fee applicable to all special group license plates.
This act provides for an immediate effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-1a-102, as last amended by Chapter 244, Laws of Utah 2000
41-1a-402, as last amended by Chapter 111, Laws of Utah 2002
41-1a-414, as last amended by Chapter 98, Laws of Utah 1999
41-1a-1201, as last amended by Chapter 345, Laws of Utah 2001
41-1a-1211, as last amended by Chapter 223, Laws of Utah 2002
71-8-4, as last amended by Chapter 134, Laws of Utah 2000
41-1a-1218, as enacted by Chapter 59, Laws of Utah 1994
ENACTS:
41-1a-418, Utah Code Annotated 1953
41-1a-419, Utah Code Annotated 1953
41-1a-420, Utah Code Annotated 1953
41-1a-421, Utah Code Annotated 1953
41-1a-422, Utah Code Annotated 1953
REPEALS:
41-1a-408, as last amended by Chapters 223 and 274, Laws of Utah 2002
41-1a-409, as renumbered and amended by Chapter 1 and last amended by Chapters 174
and 218, Laws of Utah 1992
41-1a-417, as last amended by Chapter 211, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-1a-102 is amended to read:
41-1a-102. Definitions.
As used in this chapter:
(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
(2) "Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3) "Affidavit of Mobile Home Affixture" means the affidavit of affixture described in
Title 59, Chapter 2, Part 6, Mobile Homes.
(4) "All-terrain type I vehicle" has the same meaning provided in Section 41-22-2 .
(5) "All-terrain type II vehicle" has the same meaning provided in Section 41-22-2 .
(6) "Amateur radio operator" means any person licensed by the Federal Communications
Commission to engage in private and experimental two-way radio operation on the amateur band
radio frequencies.
(7) "Branded title" means a title certificate that is labeled:
(a) rebuilt and restored to operation;
(b) flooded and restored to operation; or
(c) not restored to operation.
(8) "Camper" means any structure designed, used, and maintained primarily to be
mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
(9) "Certificate of title" means a document issued by a jurisdiction to establish a record
of ownership between an identified owner and the described vehicle, vessel, or outboard motor.
(10) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
weighmaster.
(11) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
maintained for the transportation of persons or property that operates:
(a) as a carrier for hire, compensation, or profit; or
(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
(12) "Commission" means the State Tax Commission.
(13) "Dealer" means a person engaged or licensed to engage in the business of buying,
selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place
of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
(14) "Division" means the Motor Vehicle Division of the commission, created in Section
41-1a-106 .
(15) "Essential parts" means all integral and body parts of a vehicle of a type required to
be registered in this state, the removal, alteration, or substitution of which would tend to conceal
the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
(16) "Farm tractor" means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(17) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for his
own use in the transportation of:
(i) farm products, including livestock and its products, poultry and its products,
floricultural and horticultural products;
(ii) farm supplies, including tile, fence, and every other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii) livestock, poultry, and other animals and things used for breeding, feeding, or other
purposes connected with the operation of a farm.
(b) "Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
(18) "Fleet" means one or more commercial vehicles.
(19) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
this state from another state, territory, or country other than in the ordinary course of business by
or through a manufacturer or dealer, and not registered in this state.
(20) "Gross laden weight" means the actual weight of a vehicle or combination of
vehicles, equipped for operation, to which shall be added the maximum load to be carried.
(21) "Highway" or "street" means the entire width between property lines of every way or
place of whatever nature when any part of it is open to the public, as a matter of right, for
purposes of vehicular traffic.
(22) (a) "Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
motor.
(b) "Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
(23) "Implement of husbandry" means every vehicle designed or adapted and used
exclusively for an agricultural operation and only incidentally operated or moved upon the
highways.
(24) (a) "In-state miles" means the total number of miles operated in this state during the
preceding year by fleet power units.
(b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the preceding
year.
(25) "Interstate vehicle" means any commercial vehicle operated in more than one state,
province, territory, or possession of the United States or foreign country.
(26) "Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(27) "Lienholder" means a person with a security interest in particular property.
(28) "Manufactured home" means a transportable factory built housing unit constructed
on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act
of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or
more in width or 40 body feet or more in length, or when erected on site, is 400 or more square
feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air-conditioning, and electrical systems.
(29) "Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard
motors for the purpose of sale or trade.
(30) "Mobile home" means a transportable factory built housing unit built prior to June
15, 1976, in accordance with a state mobile home code which existed prior to the Federal
Manufactured Housing and Safety Standards Act (HUD Code).
(31) "Motorboat" has the same meaning as provided in Section 73-18-2 .
(32) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground.
(33) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
operation on the highways.
(b) "Motor vehicle" does not include an off-highway vehicle.
(34) (a) "Nonresident" means a person who is not a resident of this state as defined by
Section 41-1a-202 , and who does not engage in intrastate business within this state and does not
operate in that business any motor vehicle, trailer, or semitrailer within this state.
(b) A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
considered a resident of this state, insofar as that vehicle is concerned in administering this
chapter.
(35) "Odometer" means a device for measuring and recording the actual distance a
vehicle travels while in operation, but does not include any auxiliary odometer designed to be
periodically reset.
(36) "Off-highway implement of husbandry" has the same meaning as provided in
Section 41-22-2 .
(37) "Off-highway vehicle" has the same meaning as provided in Section 41-22-2 .
(38) "Operate" means to drive or be in actual physical control of a vehicle or to navigate
a vessel.
(39) "Outboard motor" means a detachable self-contained propulsion unit, excluding fuel
supply, used to propel a vessel.
(40) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
security interest.
(b) If a vehicle is the subject of an agreement for the conditional sale or installment sale
or mortgage of the vehicle with the right of purchase upon performance of the conditions stated
in the agreement and with an immediate right of possession vested in the conditional vendee or
mortgagor, or if the vehicle is the subject of a security agreement, then the conditional vendee,
mortgagor, or debtor is considered the owner for the purposes of this chapter.
(c) If a vehicle is the subject of an agreement to lease, the lessor is considered the owner
until the lessee exercises his option to purchase the vehicle.
(41) "Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and assigned to
the vehicle by the division.
(42) (a) "Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
(43) "Pneumatic tire" means every tire in which compressed air is designed to support
the load.
(44) "Preceding year" means a period of 12 consecutive months fixed by the division that
is within 16 months immediately preceding the commencement of the registration or license year
in which proportional registration is sought. The division in fixing the period shall conform it to
the terms, conditions, and requirements of any applicable agreement or arrangement for the
proportional registration of vehicles.
(45) "Public garage" means every building or other place where vehicles or vessels are
kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.
(46) "Reconstructed vehicle" means every vehicle of a type required to be registered in
this state that is materially altered from its original construction by the removal, addition, or
substitution of essential parts, new or used.
(47) "Recreational vehicle" has the same meaning as provided in Section 13-14-102 .
(48) "Registration" means a document issued by a jurisdiction that allows operation of a
vehicle or vessel on the highways or waters of this state for the time period for which the
registration is valid and that is evidence of compliance with the registration requirements of the
jurisdiction.
(49) (a) "Registration year" means a 12 consecutive month period commencing with the
completion of all applicable registration criteria.
(b) For administration of a multistate agreement for proportional registration the division
may prescribe a different 12-month period.
(50) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
or outboard motor, or by correcting the inoperative part.
(51) "Road tractor" means every motor vehicle designed and used for drawing other
vehicles and constructed so it does not carry any load either independently or any part of the
weight of a vehicle or load that is drawn.
(52) "Sailboat" has the same meaning as provided in Section 73-18-2 .
(53) "Security interest" means an interest that is reserved or created by a security
agreement to secure the payment or performance of an obligation and that is valid against third
parties.
(54) "Semitrailer" means every vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and constructed so that some part of
its weight and its load rests or is carried by another vehicle.
(55) "Special group license plate" means a type of license plate designed for a particular
group of people or a license plate authorized and issued by the division in accordance with
[
(56) (a) "Special interest vehicle" means a vehicle used for general transportation
purposes and that is:
(i) 20 years or older from the current year; or
(ii) a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b) In making his determination under Subsection (56)(a), the division director shall give
special consideration to:
(i) a make of motor vehicle that is no longer manufactured;
(ii) a make or model of motor vehicle produced in limited or token quantities;
(iii) a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv) a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its significance is being
collected, preserved, restored, maintained, or operated by a collector or hobbyist as a leisure
pursuit.
(57) (a) "Special mobile equipment" means every vehicle:
(i) not designed or used primarily for the transportation of persons or property;
(ii) not designed to operate in traffic; and
(iii) only incidentally operated or moved over the highways.
(b) "Special mobile equipment" includes:
(i) farm tractors;
(ii) off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii) ditch-digging apparatus.
(c) "Special mobile equipment" does not include a commercial vehicle as defined under
Section 72-9-102 .
(58) "Specially constructed vehicle" means every vehicle of a type required to be
registered in this state, not originally constructed under a distinctive name, make, model, or type
by a generally recognized manufacturer of vehicles, and not materially altered from its original
construction.
(59) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
(60) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions
during the preceding year by power units.
(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means the
number of miles that those vehicles were towed on the highways of all jurisdictions during the
preceding year.
(61) "Trailer" means a vehicle without motive power designed for carrying persons or
property and for being drawn by a motor vehicle and constructed so that no part of its weight
rests upon the towing vehicle.
(62) "Transferee" means a person to whom the ownership of property is conveyed by
sale, gift, or any other means except by the creation of a security interest.
(63) "Transferor" means a person who transfers his ownership in property by sale, gift, or
any other means except by creation of a security interest.
(64) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle
without motive power, designed as a temporary dwelling for travel, recreational, or vacation use
that does not require a special highway movement permit when drawn by a self-propelled motor
vehicle.
(65) "Truck tractor" means a motor vehicle designed and used primarily for drawing
other vehicles and not constructed to carry a load other than a part of the weight of the vehicle
and load that is drawn.
(66) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
manufactured home, and mobile home.
(67) "Vessel" has the same meaning as provided in Section 73-18-2 .
(68) "Vintage vehicle" has the same meaning as provided in Section 41-21-1 .
(69) "Waters of this state" has the same meaning as provided in Section 73-18-2 .
(70) "Weighmaster" means a person, association of persons, or corporation permitted to
weigh vehicles under this chapter.
Section 2. Section 41-1a-402 is amended to read:
41-1a-402. Required colors, numerals, and letters -- Expiration.
(1) (a) Except as provided in Subsection (3) and in Section 41-1a-407 , each license plate
shall be in colors selected by the commission and shall have displayed on it:
[
[
[
[
(b) A special group license plate issued under Section 41-1a-418 is exempt from the
slogan requirement under Subsection (1)(a)(iv).
(2) If registration is extended by affixing a registration decal to the license plate, the
expiration date of the decal governs the expiration date of the license plate.
(3) Each original license plate that is not one of the special group license plates issued
under Section [
(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 3. Section 41-1a-414 is amended to read:
41-1a-414. Parking privileges for persons with disabilities.
(1) As used in this section, "accessible parking space" means a parking space that is
clearly identified as reserved for use by a person with a disability and includes:
(a) vertical signage, including the international symbol of accessibility, that is visible
from a passing vehicle; and
(b) a clearly marked access aisle, if provided, that is adjacent to and considered part of
the parking space.
(2) Except in parking areas designated for emergency use, a person with a disability,
qualifying under rules made in accordance with Section [
appropriately marked vehicle for reasonable periods without charge in metered parking zones and
restricted parking areas, in a manner that allows proper access to the vehicle by the person with a
disability.
(3) Only those vehicles carrying a person with a disability special group license plate,
temporary removable windshield placard, or removable windshield placard and transporting a
qualifying person with a disability may park in an accessible parking space.
(4) This section applies to and may be enforced on public property and on private
property that is used or intended for use by the public.
(5) The parking privileges granted by this section also apply to vehicles displaying a
person with a disability special group license plate, temporary removable windshield placard, or
removable windshield placard issued by another jurisdiction if displayed on a vehicle being used
by a person with a disability.
Section 4. Section 41-1a-418 is enacted to read:
41-1a-418. Authorized special group license plates.
(1) The division shall only issue special group license plates in accordance with Sections
41-1a-418 through 41-1a-422 to a person who is specified under this section within the
categories listed as follows:
(a) disability special group license plates issued in accordance with Section 41-1a-420 ;
(b) honor special group license plates, as in a war hero, which plates are issued for a:
(i) survivor of the Japanese attack on Pearl Harbor;
(ii) former prisoner of war; or
(iii) recipient of a Purple Heart;
(c) unique vehicle type special group license plates, as for historical, collectors value, or
other unique vehicle type, which plates are issued for a:
(i) special interest vehicle;
(ii) vintage vehicle;
(iii) farm truck; or
(iv) vehicle powered by clean fuel and for which a current clean special fuel certificate is
maintained as provided in Section 59-13-304 ;
(d) recognition special group license plates, as in a public official or an emergency
service giver, which plates are issued for a:
(i) current member of the Legislature;
(ii) current member of the United States Congress;
(iii) current member of the National Guard;
(iv) licensed amateur radio operator;
(v) currently employed, volunteer, or retired firefighter;
(vi) emergency medical technician; or
(vii) current member of a search and rescue team; and
(e) support special group license plates, as for a contributor to an institution or cause,
which plates are issued for a contributor to:
(i) an institution's scholastic scholarship fund;
(ii) the Division of Wildlife Resources;
(iii) the Office of Veterans' Affairs;
(iv) the Division of Parks and Recreation;
(v) the Department of Agriculture and Food;
(vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
(vii) the Boy Scouts of America; or
(viii) spay and neuter programs through No More Homeless Pets in Utah.
(2) Beginning January 1, 2003, the division may not issue a new type of special group
license plate unless the division receives:
(a) a start-up fee established under Section 63-38-3.2 for production and administrative
costs for providing the new special group license plates; or
(b) a legislative appropriation for the start-up fee provided under Subsection (2)(a).
(3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal
Revenue Code Section 501(c)(3) may request the commission to authorize a new type of special
group license plate for the sponsoring organization. The sponsoring organization shall:
(i) collect a minimum of 200 applications; and
(ii) pay a start-up fee established under Section 63-38-3.2 for production and
administrative costs for providing the new type of special group license plates.
(b) If the provisions of Subsection (3)(a) are met, the commission shall approve the
request and the division shall:
(i) design a license plate in accordance with Section 41-1a-419 ; and
(ii) issue the new type of special group license plates.
Section 5. Section 41-1a-419 is enacted to read:
41-1a-419. Plate design -- Vintage vehicle certification and registration --
Personalized special group license plates -- Rulemaking.
(1) (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 requirements under
Subsection (1)(b).
(b) Each special group license plate shall display:
(i) the word Utah;
(ii) the name or identifying slogan of the special group;
(iii) a symbol decal not exceeding two positions in size representing the special group;
and
(iv) the combination of letters, numbers, or both uniquely identifying the registered
vehicle.
(2) (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
decal to be displayed upon the special group license plates.
(b) A special group license plate may not be redesigned:
(i) unless the division receives a redesign fee established by the division under Section
63-38-3.2 ; and
(ii) more frequently than every five years.
(3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
without renewal as long as the vehicle is owned by the registered owner and the license plates
may not be recalled by the division.
(4) A person who meets the criteria established under Sections 41-1a-418 through
41-1a-422 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.
(5) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, to:
(a) establish qualifying criteria for persons to receive, renew, or surrender special group
license plates; and
(b) establish the maximum number of numerals or characters for special group license
plates.
Section 6. Section 41-1a-420 is enacted to read:
41-1a-420. Disability special group license plates -- Application and qualifications --
Rulemaking.
(1) The division shall issue 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) 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.
(2) (a) The initial application of a person with a disability shall 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 Parking for Persons with
Disabilities, 23 C.F.R. Ch. 11, Subch. B, Pt. 1235.2 (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.
(b) 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.
(c) 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.
(d) On request of an applicant, the division shall issue one additional placard to a person
with a disability special group license plate, temporary removable windshield placard, or a
removable windshield placard.
(3) 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.
(4) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, to:
(a) establish qualifying criteria for persons to receive, renew, or surrender special group
license plates, a temporary removable windshield placard, or a removable windshield placard in
accordance with this section;
(b) establish the maximum number of numerals or characters for disability special group
license plates; and
(c) require all temporary removable windshield placards and removable windshield
placards to include:
(i) an identification number;
(ii) an expiration date not to exceed six months for a temporary removable windshield
placard and two years for a removable windshield placard; and
(iii) the seal or other identifying mark of the division.
Section 7. Section 41-1a-421 is enacted to read:
41-1a-421. Honor special group license plates -- Personal identity requirements.
(1) (a) The requirements of this Subsection (1) apply to a vehicle displaying a:
(i) survivor of the Japanese attack on Pearl Harbor license plate;
(ii) former prisoner of war license plate; or
(iii) Purple Heart license plate.
(b) The vehicle shall be titled in the name of the veteran or the veteran and spouse.
(c) 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.
(d) 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.
(2) Proper evidence of a Purple Heart is either:
(a) a membership card in the Military Order of the Purple Heart; or
(b) an original or certificate in lieu of the applicant's military discharge form, DD-214,
issued by the National Personnel Records Center.
(3) The Purple Heart license plates shall bear:
(a) the words "Purple Heart" at the bottom of the plate;
(b) a logo substantially depicting a Purple Heart award; and
(c) the letter and number combinations assigned by the division.
Section 8. Section 41-1a-422 is enacted to read:
41-1a-422. Support special group license plates -- Contributor -- Voluntary
contribution collection procedures.
(1) As used in this section:
(a) "Contributor" means a person who has donated or in whose name at least $25 has
been donated to:
(i) a scholastic scholarship fund of a single named institution;
(ii) the Division of Veterans' Affairs in the Utah National Guard for veterans' programs;
(iii) the Division of Wildlife Resources for the Wildlife Resources Account created in
Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
access, and management of wildlife habitat;
(iv) the Department of Agriculture and Food for the benefit of soil conservation districts;
(v) the Division of Parks and Recreation for the benefit of snowmobile programs;
(vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
the donation evenly divided between the two;
(vii) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America council
as specified by the contributor; or
(viii) No More Homeless Pets in Utah for distribution to organizations or individuals that
provide spay and neuter programs that subsidize the sterilization of domestic animals.
(b) "Institution" means a state institution of higher education as defined under Section
53B-3-102 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.
(2) (a) An applicant for original or renewal collegiate special group license plates under
Subsection (1)(a)(i) must be a contributor to the institution named in the application and present
the original contribution verification form under Subsection (2)(b) or make a contribution to the
division at the time of application under Subsection (3).
(b) An institution with a support 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.
(e) If the contribution is made at the time of application, the contribution shall be
collected, treated, and deposited as provided under Subsection (3).
(3) (a) Except as provided under Subsection (3)(d), an applicant for original or renewal
support special group license plates under this section must be an annual contributor to the entity
or named institution associated with the license plate.
(b) This contribution shall be:
(i) unless collected by the named institution under Subsection (2), collected by the
division;
(ii) treated as a voluntary contribution for the funding of the activities specified under
this section and not as a motor vehicle registration fee; and
(iii) deposited into the appropriate account less actual administrative costs associated
with issuing the license plates.
(c) Except as provided under Subsection (3)(d), the donation described in Subsection
(1)(a) must be made in the 12 months prior to registration or renewal of registration.
(d) The donation described in Subsection (1)(a) shall be a one-time donation made to the
division when issuing original:
(i) veterans' license plates;
(ii) snowmobile license plates; or
(iii) soil conservation license plates.
(4) Veterans' license plates shall display one of the symbols representing the Army,
Navy, Air Force, Marines, Coast Guard, or American Legion.
Section 9. 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), (4), and (6), and [
collected under this part shall be deposited in the Transportation Fund.
(3) (a) Funds generated under Subsections 41-1a-1211 (1)(a), [
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.
[
[
the Transportation Fund, less production and administrative costs incurred by the commission.
[
(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.
(6) The following portions of the registration fees imposed under Section 41-1a-1206 for
each vehicle shall be deposited in the Centennial Highway Fund created under Section 72-2-118 :
(a) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b), (2),
and (5);
(b) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i), (1)(c)(ii),
and (1)(d)(ii);
(c) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
(d) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
(e) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
Section 10. 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 [
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) Beginning July 1, 2003, a person who applies for a 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).
[
(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).
[
[
41-1a-410 shall pay a $10 per set application fee[
[
[
[
[
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.
[
costs for the replacement of decals issued under Section [
[
the cost of issuing stickers under Section 41-1a-416 .
[
fee established under Section 63-38-3.2 to cover postage expenses if new or replacement license
plates are mailed to the applicant.
[
registration fees required under Section 41-1a-1206 .
[
Section 11. Section 41-1a-1218 is amended to read:
41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
insurance -- Exemption -- Deposit.
(1) (a) At the time application is made for registration or renewal of registration of a
motor vehicle under this chapter, the applicant shall pay an uninsured motorist identification fee
of $1 on each motor vehicle.
(b) A commercial vehicle registered as part of a fleet under Section 41-1a-222 or Section
41-1a-301 , is exempt from the uninsured motorist identification fee required by this section.
(c) A motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
Subsection 41-1a-419 (3) is also exempt from the uninsured motorist identification fee required
by this section.
(2) The revenue generated under this section shall be deposited in the Uninsured
Motorist Identification Restricted Account created in Section 41-12a-806 .
Section 12. Section 71-8-4 is amended to read:
71-8-4. Veterans' Advisory Council -- Membership -- Duties and responsibilities --
Per diem and expenses.
(1) There is created a Veterans' Advisory Council whose purpose is to advise the director
of the Division of Veterans' Affairs on issues relating to veterans.
(2) The council shall consist of eleven voting members and one nonvoting member,
designated as follows:
(a) five members appointed by the governor to serve four-year terms:
(i) four veterans at large; and
(ii) a representative from the Office of the Governor;
(b) the director of the VA Health Care System or his designee;
(c) the director of the VA Benefits Administration Regional Office in Salt Lake City, or
his designee;
(d) a representative from the Veterans' Memorial Park Board for the duration of his
appointment to the board;
(e) the commanders or their designees of the three largest veterans service organizations
in the state. Their terms shall last as long as they hold the required office; and
(f) the director shall be a nonvoting member of the council.
(3) (a) Except as required by Subsection (3)(b), as terms of current council members
expire, the governor shall appoint each new or reappointed member to a four-year term
commencing on July 1.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of council
members are staggered so that approximately half of the members appointed by the governor are
appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the governor shall appoint
a replacement for the unexpired term within 60 days of receiving notice.
(5) Members appointed by the governor may not serve more than two consecutive terms.
(6) (a) Any veterans' group or veteran may provide the director with a list of
recommendations for members on the council.
(b) The director shall provide the governor with the list of recommendations for
members to be appointed to the council.
(c) The governor shall make final appointments to the council by June 30 of any year in
which appointments are to be made under this chapter.
(7) The council shall elect a chair from among its members every two years. The chair
shall be a veteran.
(8) (a) The council shall meet at least once every quarter.
(b) The director of the Division of Veterans' Affairs may convene additional meetings, as
necessary.
(9) The division shall provide staff to the council.
(10) Six voting members are a quorum for the transaction of business.
(11) The council shall:
(a) solicit input concerning veterans issues from veterans' groups throughout the state;
(b) report issues received to the director of the Division of Veterans' Affairs and make
recommendations concerning them;
(c) keep abreast of federal developments that affect veterans locally and advise the
director of them; and
(d) approve, by a majority vote, the use of monies generated from veterans' license plates
under Section [
(12) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
Section 13. Repealer.
This act repeals:
Section 41-1a-408, Special group plates -- Design -- Application --Issuance.
Section 41-1a-409, Evidence of Purple Heart - Special group plate designs.
Section 41-1a-417, Olympic license plates -- Fees -- Design.
Section 14. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.
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