First Substitute H.B. 89

Representative Michael T. Morley proposes the following substitute bill:

1 SPECIAL GROUP LICENSE PLATE AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael T. Morley
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Motor Vehicles Code by amending special group license plate
9 provisions.
10 Highlighted Provisions:
11 This bill:
12 . provides intent language that special group license plates are provided for certain
13 government purposes and for institutions of higher education;
14 . repeals special group license plates for certain groups and requires others to be
15 connected to a government sponsored organization;
16 . repeals provisions allowing certain non-profit organizations to obtain special group
17 license plates under certain circumstances; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill takes effect on July 1, 2004.
23 Utah Code Sections Affected:
24 AMENDS:
25 41-1a-418, as last amended by Chapters 74, 102 and 141, Laws of Utah 2003

26 41-1a-422, as last amended by Chapters 74 and 141, Laws of Utah 2003
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-1a-418 is amended to read:
30 41-1a-418. Authorized special group license plates.
31 (1) (a) Special group license plates have a statewide public purpose to recognize
32 certain groups within the state that:
33 (i) have special needs due to disability or unique vehicle taxation; or
34 (ii) deserve special recognition for past or current service with a government entity;
35 (iii) provide support to a governmental entity; or
36 (iv) provide support to an institution of higher education.
37 [(1)] (b) The division shall only issue special group license plates in accordance with
38 Sections 41-1a-418 through 41-1a-422 to a person who is specified under this section within
39 the categories listed as follows:
40 [(a)] (i) disability special group license plates issued in accordance with Section
41 41-1a-420 ;
42 [(b)] (ii) honor special group license plates, as in a war hero, which plates are issued
43 for a:
44 [(i)] (A) survivor of the Japanese attack on Pearl Harbor;
45 [(ii)] (B) former prisoner of war; or
46 [(iii)] (C) recipient of a Purple Heart;
47 [(c)] (iii) unique vehicle type special group license plates, as for historical, collectors
48 value, or other unique vehicle type, which plates are issued for a:
49 [(i)] (A) special interest vehicle;
50 [(ii)] (B) vintage vehicle;
51 [(iii)] (C) farm truck; or
52 [(iv)] (D) vehicle powered by clean fuel and for which a current clean special fuel
53 certificate is maintained as provided in Section 59-13-304 ;
54 [(d)] (iv) recognition special group license plates, as in a public official or an
55 emergency service giver, which plates are issued for a:
56 [(i)] (A) current member of the Legislature;

57 [(ii)] (B) current member of the United States Congress;
58 [(iii)] (C) current member of the National Guard;
59 [(iv)] (D) licensed amateur radio operator currently serving as a member of a
60 government sponsored organization;
61 [(v)] (E) currently employed, volunteer, or retired firefighter of a government
62 sponsored organization;
63 [(vi)] (F) emergency medical technician currently serving as a member of a
64 government sponsored organization;
65 [(vii)] (G) current member of a search and rescue team of a government sponsored
66 organization; or
67 [(viii)] (H) current honorary consulate designated by the United States Department of
68 State; and
69 [(e)] (v) support special group license plates, as for a contributor to an institution or
70 cause, which plates are issued for a contributor to:
71 [(i)] (A) an institution's scholastic scholarship fund;
72 [(ii)] (B) the Division of Wildlife Resources;
73 [(iii)] (C) the Office of Veterans' Affairs;
74 [(iv)] (D) the Division of Parks and Recreation;
75 [(v)] (E) the Department of Agriculture and Food;
76 [(vi)] (F) the Guardian Ad Litem Services Account and the Children's Museum of
77 Utah; or
78 [(vii) the Boy Scouts of America;]
79 [(viii) spay and neuter programs through No More Homeless Pets in Utah;]
80 [(ix) the Boys and Girls Clubs of America; or]
81 [(x)] (G) Utah public education.
82 (2) [Beginning January 1, 2003, the] The division may not issue a new type of special
83 group license plate unless the division receives:
84 (a) a start-up fee established under Section 63-38-3.2 for production and administrative
85 costs for providing the new special group license plates; or
86 (b) a legislative appropriation for the start-up fee provided under Subsection (2)(a).
87 [(3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal

88 Revenue Code Section 501(c)(3) may request the commission to authorize a new type of
89 special group license plate for the sponsoring organization. The sponsoring organization
90 shall:]
91 [(i) collect a minimum of 200 applications; and]
92 [(ii) pay a start-up fee established under Section 63-38-3.2 for production and
93 administrative costs for providing the new type of special group license plates.]
94 [(b) If the provisions of Subsection (3)(a) are met, the commission shall approve the
95 request and the division shall:]
96 [(i) design a license plate in accordance with Section 41-1a-419 ; and]
97 [(ii) issue the new type of special group license plates.]
98 Section 2. Section 41-1a-422 is amended to read:
99 41-1a-422. Support special group license plates -- Contributor -- Voluntary
100 contribution collection procedures.
101 (1) As used in this section:
102 (a) "Contributor" means a person who has donated or in whose name at least $25 has
103 been donated to:
104 (i) a scholastic scholarship fund of a single named institution;
105 (ii) the Division of Veterans' Affairs in the Utah National Guard for veterans'
106 programs;
107 (iii) the Division of Wildlife Resources for the Wildlife Resources Account created in
108 Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
109 access, and management of wildlife habitat;
110 (iv) the Department of Agriculture and Food for the benefit of soil conservation
111 districts;
112 (v) the Division of Parks and Recreation for the benefit of snowmobile programs;
113 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah,
114 with the donation evenly divided between the two; or
115 [(vii) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
116 council as specified by the contributor;]
117 [(viii) No More Homeless Pets in Utah for distribution to organizations or individuals
118 that provide spay and neuter programs that subsidize the sterilization of domestic animals;]

119 [(ix) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
120 development programs; or]
121 [(x)] (vii) the Utah Association of Public School Foundations to support public
122 education.
123 (b) "Institution" means a state institution of higher education as defined under Section
124 53B-3-102 or a private institution of higher education in the state accredited by a regional or
125 national accrediting agency recognized by the United States Department of Education.
126 (2) (a) An applicant for original or renewal collegiate special group license plates under
127 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
128 present the original contribution verification form under Subsection (2)(b) or make a
129 contribution to the division at the time of application under Subsection (3).
130 (b) An institution with a support special group license plate shall issue to a contributor
131 a verification form designed by the commission containing:
132 (i) the name of the contributor;
133 (ii) the institution to which a donation was made;
134 (iii) the date of the donation; and
135 (iv) an attestation that the donation was for a scholastic scholarship.
136 (c) The state auditor may audit each institution to verify that the moneys collected by
137 the institutions from contributors are used for scholastic scholarships.
138 (d) After an applicant has been issued collegiate license plates or renewal decals, the
139 commission shall charge the institution whose plate was issued, a fee determined in accordance
140 with Section 63-38-3.2 for management and administrative expenses incurred in issuing and
141 renewing the collegiate license plates.
142 (e) If the contribution is made at the time of application, the contribution shall be
143 collected, treated, and deposited as provided under Subsection (3).
144 (3) (a) Except as provided under Subsection (3)(d), an applicant for original or renewal
145 support special group license plates under this section must be an annual contributor to the
146 entity or named institution associated with the license plate.
147 (b) This contribution shall be:
148 (i) unless collected by the named institution under Subsection (2), collected by the
149 division;

150 (ii) treated as a voluntary contribution for the funding of the activities specified under
151 this section and not as a motor vehicle registration fee; and
152 (iii) deposited into the appropriate account less actual administrative costs associated
153 with issuing the license plates.
154 (c) Except as provided under Subsection (3)(d), the donation described in Subsection
155 (1)(a) must be made in the 12 months prior to registration or renewal of registration.
156 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
157 the division when issuing original:
158 (i) veterans' license plates;
159 (ii) snowmobile license plates; or
160 (iii) soil conservation license plates.
161 (4) Veterans' license plates shall display one of the symbols representing the Army,
162 Navy, Air Force, Marines, Coast Guard, or American Legion.
163 Section 3. Effective date.
164 This bill takes effect on July 1, 2004.