H.B. 291

1

SPECIAL GROUP LICENSE PLATES
2 AMENDMENTS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John Dougall
6 This act modifies the Motor Vehicles Code to amend provisions for special group license
7 plates. This act defines qualified entity to include a governmental agency, a professional
8 development organization for governmental services personnel, and an Internal Revenue
9 Code 501(c)(3) tax exempt organization. This act prohibits a person from placing or
10 affixing an unauthorized decal, sticker, or indicia on a Utah license plate. This act phases
11 out the Motor Vehicle Division designing and issuing certain special group license plate
12 decals and requires qualified entities to design and issue their own decals and indicia.
13 The act permits the private, nonprofit organizations to establish the donation fee which is
14 then required to obtain a decal and also requires the qualified entities to collect their own
15 donations for the special group license plates. This act imposes a $5 annual renewal fee
16 in addition to the one-time donation fee for each of these special group license plates.
17 This act adds provisions for special group license plates for the Boys and Girls Clubs of
18 America, honorary consulates, Utah public education, and Utah's national parks. This
19 act takes effect on October 1, 2003. This act provides a coordinating clause.
20 This act affects sections of Utah Code Annotated 1953 as follows:
21 AMENDS:
22 41-1a-102, as last amended by Chapter 1, Laws of Utah 2003
23 41-1a-402, as last amended by Chapter 1, Laws of Utah 2003
24 41-1a-404, as renumbered and amended by Chapter 1, Laws of Utah 1992
25 41-1a-418, as enacted by Chapter 1, Laws of Utah 2003
26 41-1a-419, as enacted by Chapter 1, Laws of Utah 2003
27 41-1a-422, as enacted by Chapter 1, Laws of Utah 2003

28 41-1a-1211, as last amended by Chapter 1, Laws of Utah 2003
29 ENACTS:
30 41-1a-418.10, Utah Code Annotated 1953
31 41-1a-418.20, Utah Code Annotated 1953
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-1a-102 is amended to read:
34 41-1a-102. Definitions.
35 As used in this chapter:
36 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
37 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
38 vehicles as operated and certified to by a weighmaster.
39 (3) "Affidavit of Mobile Home Affixture" means the affidavit of affixture described in
40 Title 59, Chapter 2, Part 6, Mobile Homes.
41 (4) "All-terrain type I vehicle" has the same meaning provided in Section 41-22-2 .
42 (5) "All-terrain type II vehicle" has the same meaning provided in Section 41-22-2 .
43 (6) "Amateur radio operator" means any person licensed by the Federal
44 Communications Commission to engage in private and experimental two-way radio operation
45 on the amateur band radio frequencies.
46 (7) "Branded title" means a title certificate that is labeled:
47 (a) rebuilt and restored to operation;
48 (b) flooded and restored to operation; or
49 (c) not restored to operation.
50 (8) "Camper" means any structure designed, used, and maintained primarily to be
51 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
52 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
53 camping.
54 (9) "Certificate of title" means a document issued by a jurisdiction to establish a record
55 of ownership between an identified owner and the described vehicle, vessel, or outboard motor.
56 (10) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
57 weighmaster.
58 (11) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or

59 maintained for the transportation of persons or property that operates:
60 (a) as a carrier for hire, compensation, or profit; or
61 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
62 owner's commercial enterprise.
63 (12) "Commission" means the State Tax Commission.
64 (13) "Dealer" means a person engaged or licensed to engage in the business of buying,
65 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
66 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
67 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
68 (14) "Division" means the Motor Vehicle Division of the commission, created in
69 Section 41-1a-106 .
70 (15) "Essential parts" means all integral and body parts of a vehicle of a type required
71 to be registered in this state, the removal, alteration, or substitution of which would tend to
72 conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of
73 operation.
74 (16) "Farm tractor" means every motor vehicle designed and used primarily as a farm
75 implement for drawing plows, mowing machines, and other implements of husbandry.
76 (17) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
77 his own use in the transportation of:
78 (i) farm products, including livestock and its products, poultry and its products,
79 floricultural and horticultural products;
80 (ii) farm supplies, including tile, fence, and every other thing or commodity used in
81 agricultural, floricultural, horticultural, livestock, and poultry production; and
82 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
83 other purposes connected with the operation of a farm.
84 (b) "Farm truck" does not include the operation of trucks by commercial processors of
85 agricultural products.
86 (18) "Fleet" means one or more commercial vehicles.
87 (19) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
88 this state from another state, territory, or country other than in the ordinary course of business
89 by or through a manufacturer or dealer, and not registered in this state.

90 (20) "Gross laden weight" means the actual weight of a vehicle or combination of
91 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
92 (21) "Highway" or "street" means the entire width between property lines of every way
93 or place of whatever nature when any part of it is open to the public, as a matter of right, for
94 purposes of vehicular traffic.
95 (22) (a) "Identification number" means the identifying number assigned by the
96 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
97 motor.
98 (b) "Identification number" includes a vehicle identification number, state assigned
99 identification number, hull identification number, and motor serial number.
100 (23) "Implement of husbandry" means every vehicle designed or adapted and used
101 exclusively for an agricultural operation and only incidentally operated or moved upon the
102 highways.
103 (24) (a) "In-state miles" means the total number of miles operated in this state during
104 the preceding year by fleet power units.
105 (b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
106 total number of miles that those vehicles were towed on Utah highways during the preceding
107 year.
108 (25) "Interstate vehicle" means any commercial vehicle operated in more than one
109 state, province, territory, or possession of the United States or foreign country.
110 (26) "Jurisdiction" means a state, district, province, political subdivision, territory, or
111 possession of the United States or any foreign country.
112 (27) "Lienholder" means a person with a security interest in particular property.
113 (28) "Manufactured home" means a transportable factory built housing unit constructed
114 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
115 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
116 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
117 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
118 with or without a permanent foundation when connected to the required utilities, and includes
119 the plumbing, heating, air-conditioning, and electrical systems.
120 (29) "Manufacturer" means a person engaged in the business of constructing,

121 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
122 outboard motors for the purpose of sale or trade.
123 (30) "Mobile home" means a transportable factory built housing unit built prior to June
124 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
125 Manufactured Housing and Safety Standards Act (HUD Code).
126 (31) "Motorboat" has the same meaning as provided in Section 73-18-2 .
127 (32) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and
128 designed to travel on not more than three wheels in contact with the ground.
129 (33) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
130 operation on the highways.
131 (b) "Motor vehicle" does not include an off-highway vehicle.
132 (34) (a) "Nonresident" means a person who is not a resident of this state as defined by
133 Section 41-1a-202 , and who does not engage in intrastate business within this state and does
134 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
135 (b) A person who engages in intrastate business within this state and operates in that
136 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
137 interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
138 considered a resident of this state, insofar as that vehicle is concerned in administering this
139 chapter.
140 (35) "Odometer" means a device for measuring and recording the actual distance a
141 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
142 periodically reset.
143 (36) "Off-highway implement of husbandry" has the same meaning as provided in
144 Section 41-22-2 .
145 (37) "Off-highway vehicle" has the same meaning as provided in Section 41-22-2 .
146 (38) "Operate" means to drive or be in actual physical control of a vehicle or to
147 navigate a vessel.
148 (39) "Outboard motor" means a detachable self-contained propulsion unit, excluding
149 fuel supply, used to propel a vessel.
150 (40) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
151 vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a

152 security interest.
153 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
154 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
155 stated in the agreement and with an immediate right of possession vested in the conditional
156 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
157 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
158 chapter.
159 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
160 owner until the lessee exercises his option to purchase the vehicle.
161 (41) "Personalized license plate" means a license plate that has displayed on it a
162 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
163 to the vehicle by the division.
164 (42) (a) "Pickup truck" means a two-axle motor vehicle with motive power
165 manufactured, remanufactured, or materially altered to provide an open cargo area.
166 (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
167 camper, camper shell, tarp, removable top, or similar structure.
168 (43) "Pneumatic tire" means every tire in which compressed air is designed to support
169 the load.
170 (44) "Preceding year" means a period of 12 consecutive months fixed by the division
171 that is within 16 months immediately preceding the commencement of the registration or
172 license year in which proportional registration is sought. The division in fixing the period shall
173 conform it to the terms, conditions, and requirements of any applicable agreement or
174 arrangement for the proportional registration of vehicles.
175 (45) "Public garage" means every building or other place where vehicles or vessels are
176 kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.
177 (46) "Reconstructed vehicle" means every vehicle of a type required to be registered in
178 this state that is materially altered from its original construction by the removal, addition, or
179 substitution of essential parts, new or used.
180 (47) "Recreational vehicle" has the same meaning as provided in Section 13-14-102 .
181 (48) "Registration" means a document issued by a jurisdiction that allows operation of
182 a vehicle or vessel on the highways or waters of this state for the time period for which the

183 registration is valid and that is evidence of compliance with the registration requirements of the
184 jurisdiction.
185 (49) (a) "Registration year" means a 12 consecutive month period commencing with
186 the completion of all applicable registration criteria.
187 (b) For administration of a multistate agreement for proportional registration the
188 division may prescribe a different 12-month period.
189 (50) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
190 motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
191 or outboard motor, or by correcting the inoperative part.
192 (51) "Road tractor" means every motor vehicle designed and used for drawing other
193 vehicles and constructed so it does not carry any load either independently or any part of the
194 weight of a vehicle or load that is drawn.
195 (52) "Sailboat" has the same meaning as provided in Section 73-18-2 .
196 (53) "Security interest" means an interest that is reserved or created by a security
197 agreement to secure the payment or performance of an obligation and that is valid against third
198 parties.
199 (54) "Semitrailer" means every vehicle without motive power designed for carrying
200 persons or property and for being drawn by a motor vehicle and constructed so that some part
201 of its weight and its load rests or is carried by another vehicle.
202 (55) "Special group license plate" means a type of license plate designed for a
203 particular group of people or a license plate authorized [and] or issued by the division in
204 accordance with [Section ] Sections 41-1a-418 through 41-1a-418.20 .
205 (56) (a) "Special interest vehicle" means a vehicle used for general transportation
206 purposes and that is:
207 (i) 20 years or older from the current year; or
208 (ii) a make or model of motor vehicle recognized by the division director as having
209 unique interest or historic value.
210 (b) In making his determination under Subsection (56)(a), the division director shall
211 give special consideration to:
212 (i) a make of motor vehicle that is no longer manufactured;
213 (ii) a make or model of motor vehicle produced in limited or token quantities;

214 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
215 designed exclusively for educational purposes or museum display; or
216 (iv) a motor vehicle of any age or make that has not been substantially altered or
217 modified from original specifications of the manufacturer and because of its significance is
218 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
219 leisure pursuit.
220 (57) (a) "Special mobile equipment" means every vehicle:
221 (i) not designed or used primarily for the transportation of persons or property;
222 (ii) not designed to operate in traffic; and
223 (iii) only incidentally operated or moved over the highways.
224 (b) "Special mobile equipment" includes:
225 (i) farm tractors;
226 (ii) off-road motorized construction or maintenance equipment including backhoes,
227 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
228 (iii) ditch-digging apparatus.
229 (c) "Special mobile equipment" does not include a commercial vehicle as defined
230 under Section 72-9-102 .
231 (58) "Specially constructed vehicle" means every vehicle of a type required to be
232 registered in this state, not originally constructed under a distinctive name, make, model, or
233 type by a generally recognized manufacturer of vehicles, and not materially altered from its
234 original construction.
235 (59) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
236 (60) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions
237 during the preceding year by power units.
238 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
239 the number of miles that those vehicles were towed on the highways of all jurisdictions during
240 the preceding year.
241 (61) "Trailer" means a vehicle without motive power designed for carrying persons or
242 property and for being drawn by a motor vehicle and constructed so that no part of its weight
243 rests upon the towing vehicle.
244 (62) "Transferee" means a person to whom the ownership of property is conveyed by

245 sale, gift, or any other means except by the creation of a security interest.
246 (63) "Transferor" means a person who transfers his ownership in property by sale, gift,
247 or any other means except by creation of a security interest.
248 (64) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle
249 without motive power, designed as a temporary dwelling for travel, recreational, or vacation
250 use that does not require a special highway movement permit when drawn by a self-propelled
251 motor vehicle.
252 (65) "Truck tractor" means a motor vehicle designed and used primarily for drawing
253 other vehicles and not constructed to carry a load other than a part of the weight of the vehicle
254 and load that is drawn.
255 (66) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
256 manufactured home, and mobile home.
257 (67) "Vessel" has the same meaning as provided in Section 73-18-2 .
258 (68) "Vintage vehicle" has the same meaning as provided in Section 41-21-1 .
259 (69) "Waters of this state" has the same meaning as provided in Section 73-18-2 .
260 (70) "Weighmaster" means a person, association of persons, or corporation permitted
261 to weigh vehicles under this chapter.
262 Section 2. Section 41-1a-402 is amended to read:
263 41-1a-402. Required colors, numerals, and letters -- Expiration.
264 (1) (a) Except as provided in Subsection (3) and in Section 41-1a-407 , each license
265 plate shall be in colors selected by the commission and shall have displayed on it:
266 (i) the registration number assigned to the vehicle for which it is issued;
267 (ii) the name of the state;
268 (iii) a registration decal showing the date of expiration; and
269 (iv) a slogan determined as provided in Section 41-1a-405 .
270 (b) A special group license plate issued under [Section ] Sections 41-1a-418 through
271 41-1a-418.20 is exempt from the slogan requirement under Subsection (1)(a)(iv).
272 (2) If registration is extended by affixing a registration decal to the license plate, the
273 expiration date of the decal governs the expiration date of the license plate.
274 (3) Each original license plate that is not one of the special group license plates issued
275 under [Section ] Sections 41-1a-418 through 41-1a-418.20 shall be a:

276 (a) statehood centennial license plate with the same color, design, and slogan as the
277 plates issued in conjunction with the statehood centennial; or
278 (b) Ski Utah license plate.
279 Section 3. Section 41-1a-404 is amended to read:
280 41-1a-404. Location and position of plates.
281 (1) [License plates] The two license plates issued for a vehicle other than a motorcycle,
282 trailer, or semitrailer shall be attached to the vehicle, one license plate in the front and the other
283 license plate in the rear.
284 (2) The license plate issued for a motorcycle, trailer, or semitrailer shall be attached to
285 the rear of the motorcycle, trailer, or semitrailer.
286 (3) Every license plate shall at all times be:
287 (a) securely fastened:
288 (i) in a horizontal position to the vehicle for which it is issued to prevent the plate from
289 swinging;
290 (ii) at a height of not less than 12 inches from the ground, measuring from the bottom
291 of the plate; and
292 (iii) in a place and position to be clearly visible; and
293 (b) maintained:
294 (i) free from foreign materials; and
295 (ii) in a condition to be clearly legible.
296 (4) Except as authorized under this part, a person may not place or affix a decal,
297 sticker, or indicia on a Utah license plate.
298 Section 4. Section 41-1a-418 is amended to read:
299 41-1a-418. Authorized special group license plates.
300 (1) [The] Subject to Subsections (2) and (3), the division shall [only] issue an
301 identifying slogan and a symbol decal for the following special group license plates [in
302 accordance with Sections 41-1a-418 through 41-1a-422 to a person who is specified under this
303 section within the categories listed as follows]:
304 [(a) disability special group license plates issued in accordance with Section
305 41-1a-420 ;]
306 [(b) honor special group license plates, as in a war hero, which plates are issued for a:]

307 [(i) survivor of the Japanese attack on Pearl Harbor;]
308 [(ii) former prisoner of war; or]
309 [(iii) recipient of a Purple Heart;]
310 [(c) unique vehicle type special group license plates, as for historical, collectors value,
311 or other unique vehicle type, which plates are issued for a:]
312 [(i) special interest vehicle;]
313 [(ii) vintage vehicle;]
314 [(iii) farm truck; or]
315 [(iv) vehicle powered by clean fuel and for which a current clean special fuel certificate
316 is maintained as provided in Section 59-13-304 ;]
317 [(d) recognition] (a) emergency service giver special group license plates, [as in a
318 public official or an emergency service giver,] which plates are issued for a:
319 [(i) current member of the Legislature;]
320 [(ii) current member of the United States Congress;]
321 [(iii)] (i) current member of the National Guard;
322 [(iv)] (ii) licensed amateur radio operator;
323 [(v)] (iii) currently employed, volunteer, or retired firefighter;
324 [(vi)] (iv) emergency medical technician; or
325 [(vii)] (v) current member of a search and rescue team; and
326 [(e)] (b) support special group license plates[, as] for a contributor to an institution or
327 cause, which plates are issued [for a contributor to:] in accordance with Section 41-1a-422 .
328 [(i) an institution's scholastic scholarship fund;]
329 [(ii) the Division of Wildlife Resources;]
330 [(iii) the Office of Veterans' Affairs;]
331 [(iv) the Division of Parks and Recreation;]
332 [(v) the Department of Agriculture and Food;]
333 [(vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;]
334 [(vii) the Boy Scouts of America; or]
335 [(viii) spay and neuter programs through No More Homeless Pets in Utah.]
336 [(2) Beginning January 1, 2003, the division may not issue a new type of special group
337 license plate unless the division receives:]

338 [(a) a start-up fee established under Section 63-38-3.2 for production and
339 administrative costs for providing the new special group license plates; or]
340 [(b) a legislative appropriation for the start-up fee provided under Subsection (2)(a).]
341 [(3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal
342 Revenue Code Section 501(c)(3) may request the commission to authorize a new type of
343 special group license plate for the sponsoring organization. The sponsoring organization
344 shall:]
345 [(i) collect a minimum of 200 applications; and]
346 [(ii) pay a start-up fee established under Section 63-38-3.2 for production and
347 administrative costs for providing the new type of special group license plates.]
348 [(b) If the provisions of Subsection (3)(a) are met, the commission shall approve the
349 request and the division shall:]
350 [(i) design a license plate in accordance with Section 41-1a-419 ; and]
351 [(ii) issue the new type of special group license plates.]
352 (2) The division shall issue an identifying slogan and a symbol decal for special group
353 license plates listed under Subsection (1) until the earlier of:
354 (a) the date on which the current inventory of identifying slogans or symbol decals for
355 the special group license plate is depleted;
356 (b) the date on which an identifying slogan or a symbol decal for the special group
357 license plate is requested to be redesigned;
358 (c) the date the sponsoring organization:
359 (i) makes a written request to assume designing and issuing responsibility in
360 accordance with Section 41-1a-418.20 ; and
361 (ii) purchases from the division for a reasonable fee, the remaining inventory of
362 identifying slogans and symbol decals for the organization's special group license plate; or
363 (d) January 1, 2005.
364 (3) On the date a special group license plate listed under Subsection (1) meets a
365 condition of Subsection (2), the identifying slogan and symbol decal:
366 (a) may not be issued by the division; and
367 (b) may only be issued under Section 41-1a-418.20 .
368 Section 5. Section 41-1a-418.10 is enacted to read:

369 41-1a-418.10. Special group license plates slogans and decals designed and issued
370 by the division.
371 (1) The division shall design and issue an identifying slogan and a symbol decal for the
372 following special group license plates:
373 (a) disability special group license plates for a person who satisfies the conditions of
374 Section 41-1a-420 ;
375 (b) honor special group license plates for a person who satisfies the conditions of
376 Section 41-1a-421 ;
377 (c) farm truck special group license plates, if the vehicle for which the special group
378 license plates are issued meets the definition of a farm truck under Section 41-1a-102 ;
379 (d) current member of the Legislature special group license plates, if the vehicle for
380 which the special group license plates are issued is owned or leased by a current member of the
381 Utah Legislature;
382 (e) current member of the United States Congress, if the vehicle for which the special
383 group license plates are issued is owned or leased by a current member of the United States
384 Congress;
385 (f) special interest vehicle special group license plates, if the vehicle for which the
386 special group license plates are issued meets the definition of a special interest vehicle under
387 Section 41-1a-102 ;
388 (g) vintage vehicle special group license plates, if the vehicle for which the special
389 group license plates are issued meets the definition of a vintage vehicle under Section 41-21-1 ;
390 or
391 (h) clean fuel special group license plates, if the vehicle for which the special group
392 license plates are issued is powered by clean fuel and for which a current clean special fuel
393 certificate is maintained as provided in Section 59-13-304 .
394 (2) The division may not design, issue, or reorder an identifying slogan or a symbol
395 decal for a special group license plate under this section unless the division receives:
396 (a) a fee established under Section 63-38-3.2 for production and administrative costs
397 for providing the identifying slogan and symbol decal; or
398 (b) a legislative appropriation for the fee provided under Subsection (2)(a).
399 Section 6. Section 41-1a-418.20 is enacted to read:

400 41-1a-418.20. Special group license plates slogans and decals designed and issued
401 by a qualified entity.
402 (1) As provided in this section "qualifying entity" means:
403 (a) an organization that has qualified for tax-exempt status under Internal Revenue
404 Code Section 501(c)(3);
405 (b) a governmental agency under Section 46-4-102 ;
406 (c) a sponsoring organization established for the purpose of professional development
407 of governmental agency service personnel;
408 (d) beginning on the date the conditions identified under Subsection 41-1a-418 (3) are
409 met:
410 (i) an entity that issues emergency service giver special group license plates under
411 Subsection 41-1a-418 ; or
412 (ii) an entity that issues support special group license plates under Section 41-1a-422 ;
413 or
414 (e) an entity approved by the Legislature that issues:
415 (i) Boys and Girls Clubs of America special group license plates;
416 (ii) honorary consulate special group license plates, if the vehicle for which the special
417 group license plates are issued is owned or leased by a current honorary consulate designated
418 by the United States Department of State;
419 (iii) Utah public education special group license plates; or
420 (iv) Utah's national parks special group license plates.
421 (2) An entity may design and issue an identifying slogan and symbol decal if the
422 division determines:
423 (a) based on information provided by the entity, that the entity is a qualifying entity;
424 and
425 (b) that the identifying slogan and symbol decal designed by the entity meet the
426 specifications established by rules made by the commission in accordance with Title 63,
427 Chapter 46a, Utah Administrative Rulemaking Act.
428 (3) The identifying slogan and symbol decal issued under this section may be affixed to
429 a special group license plate in accordance with Section 41-1a-419 .
430 (4) A qualifying entity that issues an identifying slogan or a symbol decal under this

431 section is responsible for the collection of any fees or contributions the qualifying entity
432 imposes for the issuance of the identifying slogan and symbol decal.
433 Section 7. Section 41-1a-419 is amended to read:
434 41-1a-419. Plate design -- Vintage vehicle certification and registration --
435 Personalized special group license plates -- Rulemaking.
436 (1) (a) The design and maximum number of numerals or characters on special group
437 license plates shall be determined by the division in accordance with the requirements under
438 Subsection (1)(b).
439 (b) Each special group license plate shall display:
440 (i) the word Utah; and
441 [(ii) the name or identifying slogan of the special group;]
442 [(iii) a symbol decal not exceeding two positions in size representing the special group;
443 and]
444 [(iv)] (ii) the combination of letters, numbers, or both uniquely identifying the
445 registered vehicle.
446 (c) In addition to the requirements under Subsection (1)(b), for a special group license
447 plate listed under Section 41-1a-418 or 41-1a-418.10 , the division shall affix the identifying
448 slogan and symbol decal to the special group license plate.
449 (2) (a) [The] In the case of a special group license plate listed under Section
450 41-1a-418.10 , the division shall, after consultation with a representative designated by the
451 special group, specify the word or words comprising the [special group name] identifying
452 slogan and the symbol decal to be displayed upon the special group license plates.
453 (b) [A special group license plate] An identifying slogan or symbol decal referred to in
454 Subsection (2)(a) may not be redesigned:
455 (i) unless the division receives a redesign fee established by the division under Section
456 63-38-3.2 ; and
457 (ii) more frequently than every five years.
458 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
459 without renewal as long as the vehicle is owned by the registered owner and the license plates
460 may not be recalled by the division.
461 (4) A person who meets the criteria established under Sections 41-1a-418 through

462 [ 41-1a-422 ] 41-1a-418.20 for issuance of special group license plates may make application in
463 the same manner provided in Sections 41-1a-410 and 41-1a-411 for personalized special group
464 license plates.
465 (5) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
466 Administrative Rulemaking Act, to:
467 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
468 license plates; and
469 (b) establish the maximum number of numerals or characters for special group license
470 plates.
471 Section 8. Section 41-1a-422 is amended to read:
472 41-1a-422. Support special group license plates -- Contributor -- Voluntary
473 contribution collection procedures.
474 (1) As used in this section:
475 (a) "Contributor" means a person who has donated or in whose name at least $25 has
476 been donated to:
477 (i) a scholastic scholarship fund of a single named institution;
478 (ii) the Division of Veterans' Affairs in the Utah National Guard for veterans'
479 programs;
480 (iii) the Division of Wildlife Resources for the Wildlife Resources Account created in
481 Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
482 access, and management of wildlife habitat;
483 (iv) the Department of Agriculture and Food for the benefit of soil conservation
484 districts;
485 (v) the Division of Parks and Recreation for the benefit of snowmobile programs;
486 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah,
487 with the donation evenly divided between the two;
488 (vii) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
489 council as specified by the contributor; or
490 (viii) No More Homeless Pets in Utah for distribution to organizations or individuals
491 that provide spay and neuter programs that subsidize the sterilization of domestic animals.
492 (b) "Institution" means a state institution of higher education as defined under Section

493 53B-3-102 or a private institution of higher education in the state accredited by a regional or
494 national accrediting agency recognized by the United States Department of Education.
495 (2) (a) [An] Except as provided in Subsection (5), applicant for original or renewal
496 collegiate special group license plates under Subsection (1)(a)(i) must be a contributor to the
497 institution named in the application and present the original contribution verification form
498 under Subsection (2)(b) or make a contribution to the division at the time of application under
499 Subsection (3).
500 (b) An institution with a support special group license plate shall issue to a contributor
501 a verification form designed by the commission containing:
502 (i) the name of the contributor;
503 (ii) the institution to which a donation was made;
504 (iii) the date of the donation; and
505 (iv) an attestation that the donation was for a scholastic scholarship.
506 (c) The state auditor may audit each institution to verify that the moneys collected by
507 the institutions from contributors are used for scholastic scholarships.
508 (d) After an applicant has been issued collegiate license plates or renewal decals, the
509 commission shall charge the institution whose plate was issued, a fee determined in accordance
510 with Section 63-38-3.2 for management and administrative expenses incurred in issuing and
511 renewing the collegiate license plates.
512 (e) If the contribution is made at the time of application, the contribution shall be
513 collected, treated, and deposited as provided under Subsection (3).
514 (3) (a) Except as provided under Subsection (3)(d), an applicant for original or renewal
515 support special group license plates under this section must be an annual contributor to the
516 entity or named institution associated with the license plate.
517 (b) This contribution shall be:
518 (i) unless collected by the named institution under Subsection (2), collected by the
519 division;
520 (ii) treated as a voluntary contribution for the funding of the activities specified under
521 this section and not as a motor vehicle registration fee; and
522 (iii) deposited into the appropriate account less actual administrative costs associated
523 with issuing the license plates.

524 (c) Except as provided under Subsection (3)(d), the donation described in Subsection
525 (1)(a) must be made in the 12 months prior to registration or renewal of registration.
526 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
527 the division when issuing original:
528 (i) veterans' license plates;
529 (ii) snowmobile license plates; or
530 (iii) soil conservation license plates.
531 (4) [Veterans'] Except as provided under Subsection (5), veterans' license plates shall
532 display one of the symbols representing the Army, Navy, Air Force, Marines, Coast Guard, or
533 American Legion.
534 (5) Notwithstanding Subsections (2) through (4), beginning on the date the conditions
535 identified under Subsection 41-1a-418 (3) are met, a sponsoring organization under this section
536 that issues an identifying slogan or a symbol decal under Section 41-1a-418.20 is responsible
537 for the collection of any donations or fees the qualifying entity imposes on the issuance of the
538 identifying slogan and symbol decal under Section 41-1a-418.20 .
539 Section 9. Section 41-1a-1211 is amended to read:
540 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
541 personalized and special group license plates -- Replacement fee for license plates --
542 Postage fees.
543 (1) A license plate fee of $5 per set shall be paid to the division for the issuance of any
544 new license plate under Part 4, License Plates and Registration Indicia, except for license plates
545 issued under Section 41-1a-407 . The license plate fee shall be deposited as follows:
546 (a) $4 as provided in Section 41-1a-1201 ; and
547 (b) $1 in the Transportation Fund.
548 (2) An applicant for original issuance of personalized license plates issued under
549 Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
550 required in Subsection (1).
551 (3) (a) Beginning July 1, 2003, a person who applies for a special group license plate
552 under Sections 41-1a-418 through 41-1a-418.20 shall pay a $5 fee for the original set of license
553 plates in addition to the fee required under Subsection (1).
554 (b) Beginning October 1, 2003, a person who has a special group license plate under

555 Section 41-1a-418 or who applies for a special group license plate to which an identifying
556 slogan and a symbol decal may be affixed under Section 41-1a-418.20 shall pay a $5 annual fee
557 for the set of license plates in addition to the fees required under Subsections (1) and (3)(a).
558 (c) In accordance with Section 41-1a-1201 the fees generated under this Subsection (3)
559 shall be deposited in the Transportation Fund.
560 (4) An applicant for original issuance of personalized special group license plates shall
561 pay the license plate application fees required in Subsection (2) in addition to the license plate
562 fees and license plate application fees established under Subsections (1) and (3).
563 (5) An applicant for renewal of personalized license plates issued under Section
564 41-1a-410 shall pay a $10 per set application fee.
565 (6) A fee of $5 shall be paid to the division for the replacement of any license plate
566 issued under Part 4, License Plates and Registration Indicia. The license plate fee shall be
567 deposited as follows:
568 (a) $4 as provided in Section 41-1a-1201 ; and
569 (b) $1 in the Transportation Fund.
570 (7) The division may charge a fee established under Section 63-38-3.2 to recover its
571 costs for the replacement of decals designed and issued under [Section ] Sections 41-1a-418
572 and 41-1a-418.10 .
573 (8) The division may charge a fee established under Section 63-38-3.2 to recover the
574 cost of issuing stickers under Section 41-1a-416 .
575 (9) In addition to any other fees required by this section, the division shall assess a fee
576 established under Section 63-38-3.2 to cover postage expenses if new or replacement license
577 plates are mailed to the applicant.
578 (10) The fees required under this section are separate from and in addition to
579 registration fees required under Section 41-1a-1206 .
580 Section 10. Effective date.
581 This act takes effect on October 1, 2003.
582 Section 11. Coordination clause.
583 If this bill and one or more of the following bills pass, it is the intent of the Legislature
584 that the amendments in Sections 41-1a-418 and 41-1a-422 in this bill supersede the
585 amendments to Sections 41-1a-418 and 41-1a-422 in the following bills:

586 (1) H.B. 46, Honorary Consulate - Special Group License Plates;
587 (2) H.B. 197, License Plate for Boys and Girls Clubs;
588 (3) S.B. 176, Education Support License Plate; or
589 (4) S.B. 221, Utah National Parks License Plates.




Legislative Review Note
as of 2-19-03 8:04 AM

This legislation requires a contribution as determined by the private, non-profit qualifying
entity which includes the Children's Museum of Utah, The Boy Scouts of America, spay and
neuter programs through No More Homeless Pets in Utah, Boy's and Girl's Clubs of America, a
Utah public education foundation, and a Utah's national parks foundation, in order to qualify
for a special group license plate. Article VI, Section 26 of the Utah Constitution prohibits
special legislation. The Utah Supreme Court has defined special legislation as legislation that
classifies its objects unreasonably, by selecting from a class of particular persons, places, or
things for the purpose of conferring privileges or imposing burdens. It is unclear whether a
court would determine that requiring a contribution as determined by a private, non-profit
qualifying entity is unconstitutional special legislation. If a court finds that the classification is
reasonable, that general legislation is unable to cover the same issues that the special legislation
covers, and that the special legislation accomplishes a public purpose, a court would likely
uphold the Legislature's action.

Office of Legislative Research and General Counsel