H.B. 280

1

RESPECT CHOICE - SPECIAL GROUP
2 LICENSE PLATES
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Rosalind J. McGee
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending special group license plate
10 provisions.
11 Highlighted Provisions:
12 This bill:
13 . authorizes a Respect Choice special group license plate to provide financial support
14 to Respect Choice, Inc. for the benefit of nongovernmental, not-for-profit programs
15 providing basic family planning and contraceptive services, including nondirective
16 pregnancy counseling and comprehensive, medically accurate sexuality education
17 services; and
18 . requires applicants for the new plate to make a $25 annual donation to Respect
19 Choice, Inc.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill takes effect on October 1, 2004.
24 Utah Code Sections Affected:
25 AMENDS:
26 41-1a-418, as last amended by Chapters 74, 102 and 141, Laws of Utah 2003
27 41-1a-422, as last amended by Chapters 74 and 141, Laws of Utah 2003

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-1a-418 is amended to read:
31 41-1a-418. Authorized special group license plates.
32 (1) The division shall only issue special group license plates in accordance with
33 Sections 41-1a-418 through 41-1a-422 to a person who is specified under this section within
34 the categories listed as follows:
35 (a) disability special group license plates issued in accordance with Section 41-1a-420 ;
36 (b) honor special group license plates, as in a war hero, which plates are issued for a:
37 (i) survivor of the Japanese attack on Pearl Harbor;
38 (ii) former prisoner of war; or
39 (iii) recipient of a Purple Heart;
40 (c) unique vehicle type special group license plates, as for historical, collectors value,
41 or other unique vehicle type, which plates are issued for a:
42 (i) special interest vehicle;
43 (ii) vintage vehicle;
44 (iii) farm truck; or
45 (iv) vehicle powered by clean fuel and for which a current clean special fuel certificate
46 is maintained as provided in Section 59-13-304 ;
47 (d) recognition special group license plates, as in a public official or an emergency
48 service giver, which plates are issued for a:
49 (i) current member of the Legislature;
50 (ii) current member of the United States Congress;
51 (iii) current member of the National Guard;
52 (iv) licensed amateur radio operator;
53 (v) currently employed, volunteer, or retired firefighter;
54 (vi) emergency medical technician;
55 (vii) current member of a search and rescue team; or
56 (viii) current honorary consulate designated by the United States Department of State;
57 and
58 (e) support special group license plates, as for a contributor to an institution or cause,

59 which plates are issued for a contributor to:
60 (i) an institution's scholastic scholarship fund;
61 (ii) the Division of Wildlife Resources;
62 (iii) the Office of Veterans' Affairs;
63 (iv) the Division of Parks and Recreation;
64 (v) the Department of Agriculture and Food;
65 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
66 (vii) the Boy Scouts of America;
67 (viii) spay and neuter programs through No More Homeless Pets in Utah;
68 (ix) the Boys and Girls Clubs of America; [or]
69 (x) Utah public education[.]; or
70 (xi) Respect Choice, Inc. for the benefit of nongovernmental, not-for-profit programs
71 providing basic family planning and contraceptive services, including nondirective pregnancy
72 counseling and comprehensive, medically accurate sexuality education services.
73 (2) Beginning January 1, 2003, the division may not issue a new type of special group
74 license plate unless the division receives:
75 (a) a start-up fee established under Section 63-38-3.2 for production and administrative
76 costs for providing the new special group license plates; or
77 (b) a legislative appropriation for the start-up fee provided under Subsection (2)(a).
78 (3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal
79 Revenue Code Section 501(c)(3) may request the commission to authorize a new type of
80 special group license plate for the sponsoring organization. The sponsoring organization shall:
81 (i) collect a minimum of 200 applications; and
82 (ii) pay a start-up fee established under Section 63-38-3.2 for production and
83 administrative costs for providing the new type of special group license plates.
84 (b) If the provisions of Subsection (3)(a) are met, the commission shall approve the
85 request and the division shall:
86 (i) design a license plate in accordance with Section 41-1a-419 ; and
87 (ii) issue the new type of special group license plates.
88 Section 2. Section 41-1a-422 is amended to read:
89 41-1a-422. Support special group license plates -- Contributor -- Voluntary

90 contribution collection procedures.
91 (1) As used in this section:
92 (a) "Contributor" means a person who has donated or in whose name at least $25 has
93 been donated to:
94 (i) a scholastic scholarship fund of a single named institution;
95 (ii) the Division of Veterans' Affairs in the Utah National Guard for veterans'
96 programs;
97 (iii) the Division of Wildlife Resources for the Wildlife Resources Account created in
98 Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
99 access, and management of wildlife habitat;
100 (iv) the Department of Agriculture and Food for the benefit of soil conservation
101 districts;
102 (v) the Division of Parks and Recreation for the benefit of snowmobile programs;
103 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah,
104 with the donation evenly divided between the two;
105 (vii) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
106 council as specified by the contributor;
107 (viii) No More Homeless Pets in Utah for distribution to organizations or individuals
108 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
109 (ix) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
110 development programs; [or]
111 (x) the Utah Association of Public School Foundations to support public education[.];
112 or
113 (xi) Respect Choice, Inc. for the benefit of nongovernmental, not-for-profit programs
114 providing basic family planning and contraceptive services, including nondirective pregnancy
115 counseling and comprehensive, medically accurate sexuality education services.
116 (b) "Institution" means a state institution of higher education as defined under Section
117 53B-3-102 or a private institution of higher education in the state accredited by a regional or
118 national accrediting agency recognized by the United States Department of Education.
119 (2) (a) An applicant for original or renewal collegiate special group license plates under
120 Subsection (1)(a)(i) must be a contributor to the institution named in the application and

121 present the original contribution verification form under Subsection (2)(b) or make a
122 contribution to the division at the time of application under Subsection (3).
123 (b) An institution with a support special group license plate shall issue to a contributor
124 a verification form designed by the commission containing:
125 (i) the name of the contributor;
126 (ii) the institution to which a donation was made;
127 (iii) the date of the donation; and
128 (iv) an attestation that the donation was for a scholastic scholarship.
129 (c) The state auditor may audit each institution to verify that the moneys collected by
130 the institutions from contributors are used for scholastic scholarships.
131 (d) After an applicant has been issued collegiate license plates or renewal decals, the
132 commission shall charge the institution whose plate was issued, a fee determined in accordance
133 with Section 63-38-3.2 for management and administrative expenses incurred in issuing and
134 renewing the collegiate license plates.
135 (e) If the contribution is made at the time of application, the contribution shall be
136 collected, treated, and deposited as provided under Subsection (3).
137 (3) (a) Except as provided under Subsection (3)(d), an applicant for original or renewal
138 support special group license plates under this section must be an annual contributor to the
139 entity or named institution associated with the license plate.
140 (b) This contribution shall be:
141 (i) unless collected by the named institution under Subsection (2), collected by the
142 division;
143 (ii) treated as a voluntary contribution for the funding of the activities specified under
144 this section and not as a motor vehicle registration fee; and
145 (iii) deposited into the appropriate account less actual administrative costs associated
146 with issuing the license plates.
147 (c) Except as provided under Subsection (3)(d), the donation described in Subsection
148 (1)(a) must be made in the 12 months prior to registration or renewal of registration.
149 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
150 the division when issuing original:
151 (i) veterans' license plates;

152 (ii) snowmobile license plates; or
153 (iii) soil conservation license plates.
154 (4) Veterans' license plates shall display one of the symbols representing the Army,
155 Navy, Air Force, Marines, Coast Guard, or American Legion.
156 Section 3. Effective date.
157 This bill takes effect on October 1, 2004.




Legislative Review Note
as of 2-2-04 11:07 AM

This legislation authorizes a Respect Choice special group license plate. This legislation might
be challenged on the grounds that it violates the First Amendment of the United States
Constitution. The United States Supreme Court has not decided a case addressing the issuance
of special group license plates. However, at least one federal district court has held that the
issuance of a special plate constitutes private speech that is unconstitutional viewpoint
discrimination if the license plate is issued pursuant to the uncontrolled discretion of the
legislature. Planned Parenthood v. Rose, 236 F. Supp. 2d 564 (D.S.C. 2002); See also, Sons
of Confederate Veterans, Inc. v. Commissioner of the Virginia Department of Motor Vehicles,
288 F.3d 610 (4th Cir. 2002).

This legislation also requires a contribution of at least $25 annually to Respect Choice, Inc., a
private non-profit entity, in order to purchase a Respect Choice 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 of at least $25 annually to Respect Choice, Inc., if a person
chooses to purchase a Respect Choice special group license plate, is unconstitutional special
legislation. If a court finds that the classification is reasonable and that general legislation is
unable to cover the same issues that the special legislation covers, a court would likely uphold
the Legislature's action.

Office of Legislative Research and General Counsel