H.B. 288

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 9, 2007 at 11:20 AM by ddonat. --> 1

ZION NATIONAL PARK SPECIAL GROUP
2 LICENSE PLATE
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley G. Last
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by authorizing a Zion National Park special
11 group license plate.
12 Highlighted Provisions:
13 This bill:
14 . creates a Zion National Park special group license plate for Zion National Park
15 support programs through the Division of Parks and Recreation;
16 . requires applicants for a new plate to make a $25 annual donation to the Division of
17 Parks and Recreation for Zion National Park support programs;
18 . creates the Zion National Park Support Programs Restricted Account;
19 . grants the Division of Parks and Recreation rulemaking authority to make rules
20 establishing a procedure for an organization to apply for funds in the Zion National
21 Park Support Programs Restricted Account; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill takes effect on October 1, 2007.
27 Utah Code Sections Affected:

28 AMENDS:
29 41-1a-418, as last amended by Chapter 63, Laws of Utah 2005
30 41-1a-422, as last amended by Chapter 69, Laws of Utah 2004
31 63-11-17, as last amended by Chapter 328, Laws of Utah 2003
32 ENACTS:
33 63-11-67, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 41-1a-418 is amended to read:
37 41-1a-418. Authorized special group license plates.
38 (1) The division shall only issue special group license plates in accordance with
39 Sections 41-1a-418 through 41-1a-422 to a person who is specified under this section within
40 the categories listed as follows:
41 (a) disability special group license plates issued in accordance with Section 41-1a-420 ;
42 (b) honor special group license plates, as in a war hero, which plates are issued for a:
43 (i) survivor of the Japanese attack on Pearl Harbor;
44 (ii) former prisoner of war;
45 (iii) recipient of a Purple Heart; or
46 (iv) disabled veteran;
47 (c) unique vehicle type special group license plates, as for historical, collectors value,
48 or other unique vehicle type, which plates are issued for a:
49 (i) special interest vehicle;
50 (ii) vintage vehicle;
51 (iii) farm truck; or
52 (iv) vehicle powered by clean fuel and for which a current clean special fuel certificate
53 is maintained as provided in Section 59-13-304 ;
54 (d) recognition special group license plates, as in a public official or an emergency
55 service giver, which plates are issued for a:
56 (i) current member of the Legislature;
57 (ii) current member of the United States Congress;
58 (iii) current member of the National Guard;

59 (iv) licensed amateur radio operator;
60 (v) currently employed, volunteer, or retired firefighter;
61 (vi) emergency medical technician;
62 (vii) current member of a search and rescue team; or
63 (viii) current honorary consulate designated by the United States Department of State;
64 and
65 (e) support special group license plates, as for a contributor to an institution or cause,
66 which plates are issued for a contributor to:
67 (i) an institution's scholastic scholarship fund;
68 (ii) the Division of Wildlife Resources;
69 (iii) the Office of Veterans' Affairs;
70 (iv) the Division of Parks and Recreation;
71 (v) the Department of Agriculture and Food;
72 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
73 (vii) the Boy Scouts of America;
74 (viii) spay and neuter programs through No More Homeless Pets in Utah;
75 (ix) the Boys and Girls Clubs of America; [or]
76 (x) Utah public education[.]; or
77 (xi) programs that support Zion National Park.
78 (2) Beginning January 1, 2003, the division may not issue a new type of special group
79 license plate unless the division receives:
80 (a) a start-up fee established under Section 63-38-3.2 for production and administrative
81 costs for providing the new special group license plates; or
82 (b) a legislative appropriation for the start-up fee provided under Subsection (2)(a).
83 (3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal
84 Revenue Code Section 501(c)(3) may request the commission to authorize a new type of
85 special group license plate for the sponsoring organization. The sponsoring organization shall:
86 (i) collect a minimum of 200 applications; and
87 (ii) pay a start-up fee established under Section 63-38-3.2 for production and
88 administrative costs for providing the new type of special group license plates.
89 (b) If the provisions of Subsection (3)(a) are met, the commission shall approve the

90 request and the division shall:
91 (i) design a license plate in accordance with Section 41-1a-419 ; and
92 (ii) issue the new type of special group license plates.
93 Section 2. Section 41-1a-422 is amended to read:
94 41-1a-422. Support special group license plates -- Contributor -- Voluntary
95 contribution collection procedures.
96 (1) As used in this section:
97 (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
98 has donated or in whose name at least $25 has been donated to:
99 (A) a scholastic scholarship fund of a single named institution;
100 (B) the Division of Veterans' Affairs in the Utah National Guard for veterans'
101 programs;
102 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
103 Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
104 access, and management of wildlife habitat;
105 (D) the Department of Agriculture and Food for the benefit of soil conservation
106 districts;
107 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
108 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
109 the donation evenly divided between the two;
110 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
111 council as specified by the contributor;
112 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
113 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
114 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
115 development programs; [or]
116 (J) the Utah Association of Public School Foundations to support public education[.];
117 or
118 (K) the Division of Parks and Recreation for distribution to organizations that provide
119 support for Zion National Park.
120 (ii) For a veterans' special group license plate, "contributor" means a person who has

121 donated or in whose name at least a $25 donation at the time of application and $10 annual
122 donation thereafter has been made.
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) An applicant for original or renewal support special group license plates under
145 this section must be a contributor to the sponsoring organization associated with the license
146 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) considered a voluntary contribution for the funding of the activities specified under
151 this section and not 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) The donation described in Subsection (1)(a) must be made in the 12 months prior to
155 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) snowmobile license plates; or
159 (ii) soil conservation license plates.
160 (4) Veterans' license plates shall display one of the symbols representing the Army,
161 Navy, Air Force, Marines, Coast Guard, or American Legion.
162 Section 3. Section 63-11-17 is amended to read:
163 63-11-17. Powers and duties of Board and Division of Parks and Recreation.
164 (1) (a) The board may make rules:
165 (i) governing the use of the state park system;
166 (ii) to protect state parks and their natural and cultural resources from misuse or
167 damage, including watersheds, plants, wildlife, and park amenities; and
168 (iii) to provide for public safety and preserve the peace within state parks.
169 (b) To accomplish the purposes stated in Subsection (1)(a), the board may enact rules
170 that:
171 (i) close or partially close state parks; or
172 (ii) establish use or access restrictions within state parks.
173 (c) Rules made under this Subsection (1) may not have the effect of preventing the
174 transfer of livestock along a livestock highway established in accordance with Section
175 72-3-112 .
176 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
177 conferred upon it by law within state parks and on property controlled by the Division of Parks
178 and Recreation with reference to fish and game.
179 (3) The Division of Parks and Recreation shall permit multiple use of state parks and
180 property controlled by it for purposes such as grazing, fishing and hunting, mining, and the
181 development and utilization of water and other natural resources.
182 (4) (a) The division may acquire real and personal property in the name of the state by

183 all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
184 or otherwise, subject to the approval of the executive director and the governor.
185 (b) As used in this section, "real property" includes land under water, upland, and all
186 other property commonly or legally defined as real property.
187 (c) In acquiring any real or personal property, the credit of the state may not be pledged
188 without the consent of the Legislature.
189 (5) (a) Before acquiring any real property, the division shall notify the county
190 legislative body of the county where the property is situated of its intention to acquire the
191 property.
192 (b) If the county legislative body requests a hearing within ten days of receipt of the
193 notice, the board shall hold a public hearing in the county concerning the matter.
194 (6) Acceptance of gifts or devises of land or other property shall be at the discretion of
195 the division, subject to the approval of the executive director of the Department of Natural
196 Resources and the governor.
197 (7) Acquisition of property by eminent domain shall be in the manner authorized by
198 Title 78, Chapter 34, Eminent Domain.
199 (8) (a) The Division of Parks and Recreation may make charges for special services
200 and use of facilities, the income from which shall be available for park and recreation purposes.
201 (b) The division may conduct and operate those services necessary for the comfort and
202 convenience of the public.
203 (c) The board shall adopt appropriate rules governing the collection of charges under
204 this Subsection (8).
205 (9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
206 parks and property to persons, partnerships, and corporations for a valuable consideration upon
207 the recommendation of the board.
208 (b) The division shall comply with Title 63, Chapter 56, Utah Procurement Code, in
209 selecting concessionaires.
210 (10) The division shall proceed without delay to negotiate with the federal government
211 concerning the Weber Basin and other recreation and reclamation projects.
212 (11) The division shall receive and distribute voluntary contributions collected under
213 Section 41-1a-422 in accordance with Section 63-11-67 .

214 Section 4. Section 63-11-67 is enacted to read:
215 63-11-67. Zion National Park Support Programs Restricted Account -- Creation --
216 Funding -- Distribution of funds.
217 (1) There is created within the General Fund the Zion National Park Support Programs
218 Restricted Account.
219 (2) The account shall be funded by contributions deposited into the Zion National Park
220 Support Programs Restricted Account in accordance with Section 41-1a-422 .
221 (3) (a) The Zion National Park Support Programs Restricted Account shall earn
222 interest.
223 (b) Interest earned on the Zion National Park Support Programs Restricted Account
224 shall be deposited into the Zion National Park Support Programs Restricted Account.
224a H. (4) The Legislature shall appropriate funds in the account to the division.
225 [ (4) ] (5)(a) .H The division shall distribute contributions and interest deposited into
225a the Zion
226 National Park Support Programs Restricted Account to one or more organizations that:
227 H. [ (a) ] (i) .H are exempt from federal income taxation under Section 501(c)(3), Internal
227a Revenue
228 Code;
229 H. [ (b) ] (ii) .H operate under a formal agreement with the National Park Service to
229a provide
230 interpretive, educational, and research activities for the benefit of Zion National Park;
231 H. [ (c) ] (iii) .H produce and distribute educational and promotional materials on Zion
231a National
232 Park;
233 H. [ (d) ] (iv) .H conduct educational courses on the history and eco-system of the greater
233a Zion
234 Canyon area; and
235 H. [ (e) ] (v) .H provide other programs that enhance visitor appreciation and enjoyment of
235a Zion
236 National Park.
236a H. (b) Administrative costs of the division for administering the provisions of this
236b section shall be paid from funds in the account.
237 [ (5) ] (6) .H (a) An organization described in Subsection H. [ (4) ] (5) .H may apply
237a to the division to receive

238 a distribution in accordance with Subsection H. [ (4) ] (5) .H .
239 (b) An organization that receives a distribution from the division in accordance with
240 Subsection H. [ (4) ] (5) .H shall expend the distribution only to:
241 (i) produce and distribute educational and promotional materials on Zion National
242 Park;
243 (ii) conduct educational courses on the history and ecosystem of the greater Zion
244 Canyon area; and

245 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
246 National Park.
247 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
248 division may make rules providing procedures and requirements for an organization to apply to
249 the division to receive a distribution under Subsection H. [ (4) ] (5) .H .
250 Section 5. Effective date.
251 This bill takes effect on October 1, 2007.




Legislative Review Note
as of 1-15-07 11:52 AM

Office of Legislative Research and General Counsel