H.B. 166

1

SPECIAL LICENSE PLATE FOR UTAH
2 SHAKESPEAREAN FESTIVAL
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: DeMar Bud Bowman
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending special group license plate
11 provisions.
12 Highlighted Provisions:
13 This bill:
14 . authorizes the Utah Shakespearean Festival special group license plate to provide
15 financial support to the Utah Shakespearean Festival performing arts program;
16 . requires applicants for the new plate to make a $25 annual donation to Southern
17 Utah University for the Utah Shakespearean Festival performing arts program; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill takes effect on October 1, 2006.
23 Utah Code Sections Affected:
24 AMENDS:
25 41-1a-418, as last amended by Chapter 63, Laws of Utah 2005
26 41-1a-422, as last amended by Chapter 69, Laws of Utah 2004
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) The division shall only issue special group license plates in accordance with
32 Sections 41-1a-418 through 41-1a-422 to a person who is specified under this section within
33 the categories listed as follows:
34 (a) disability special group license plates issued in accordance with Section 41-1a-420 ;
35 (b) honor special group license plates, as in a war hero, which plates are issued for a:
36 (i) survivor of the Japanese attack on Pearl Harbor;
37 (ii) former prisoner of war;
38 (iii) recipient of a Purple Heart; or
39 (iv) disabled veteran;
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) the Utah Shakespearean Festival performing arts program.
71 (2) Beginning January 1, 2003, the division may not issue a new type of special group
72 license plate unless the division receives:
73 (a) a start-up fee established under Section 63-38-3.2 for production and administrative
74 costs for providing the new special group license plates; or
75 (b) a legislative appropriation for the start-up fee provided under Subsection (2)(a).
76 (3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal
77 Revenue Code Section 501(c)(3) may request the commission to authorize a new type of
78 special group license plate for the sponsoring organization. The sponsoring organization shall:
79 (i) collect a minimum of 200 applications; and
80 (ii) pay a start-up fee established under Section 63-38-3.2 for production and
81 administrative costs for providing the new type of special group license plates.
82 (b) If the provisions of Subsection (3)(a) are met, the commission shall approve the
83 request and the division shall:
84 (i) design a license plate in accordance with Section 41-1a-419 ; and
85 (ii) issue the new type of special group license plates.
86 Section 2. Section 41-1a-422 is amended to read:
87 41-1a-422. Support special group license plates -- Contributor -- Voluntary
88 contribution collection procedures.
89 (1) As used in this section:

90 (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
91 has donated or in whose name at least $25 has been donated to:
92 (A) a scholastic scholarship fund of a single named institution;
93 (B) the Division of Veterans' Affairs in the Utah National Guard for veterans'
94 programs;
95 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
96 Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
97 access, and management of wildlife habitat;
98 (D) the Department of Agriculture and Food for the benefit of soil conservation
99 districts;
100 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
101 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
102 the donation evenly divided between the two;
103 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
104 council as specified by the contributor;
105 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
106 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
107 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
108 development programs; [or]
109 (J) the Utah Association of Public School Foundations to support public education[.];
110 or
111 (K) Southern Utah University to support the Utah Shakespearean Festival performing
112 arts program.
113 (ii) For a veterans' special group license plate, "contributor" means a person who has
114 donated or in whose name at least a $25 donation at the time of application and $10 annual
115 donation thereafter has been made.
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) An applicant for original or renewal support special group license plates under
138 this section must be a contributor to the sponsoring organization associated with the license
139 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) considered a voluntary contribution for the funding of the activities specified under
144 this section and not 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) The donation described in Subsection (1)(a) must be made in the 12 months prior to
148 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) snowmobile license plates; or

152 (ii) soil conservation license plates.
153 (4) Veterans' license plates shall display one of the symbols representing the Army,
154 Navy, Air Force, Marines, Coast Guard, or American Legion.
155 Section 3. Effective date.
156 This bill takes effect on October 1, 2006.




Legislative Review Note
as of 1-25-06 3:03 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel