H.B. 130 Enrolled

1

CANCER RESEARCH SPECIAL GROUP
2 LICENSE PLATE
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brad L. Dee
6 Senate Sponsor: Wayne L. Niederhauser
7
8 LONG TITLE
9 General Description:
10 This bill authorizes a cancer research support special group license plate.
11 Highlighted Provisions:
12 This bill:
13 . creates a cancer research support special group license plate for programs that
14 conduct or support cancer research programs;
15 . requires applicants for a new plate to make a $35 annual donation to the Cancer
16 Research Restricted Account;
17 . creates the Cancer Research Restricted Account;
18 . requires the Department of Health to distribute funds in the Cancer Research
19 Restricted Account to certain organizations that provide programs that conduct or
20 support cancer research programs; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill takes effect on October 1, 2010.
26 Utah Code Sections Affected:
27 AMENDS:
28 41-1a-418, as last amended by Laws of Utah 2009, Chapters 183, 348, and 380
29 41-1a-422, as last amended by Laws of Utah 2009, Chapters 183, 348, and 380

30 ENACTS:
31 26-21a-302, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-21a-302 is enacted to read:
35 26-21a-302. Cancer Research Restricted Account.
36 (1) As used in this section, "account" means the Cancer Research Restricted Account
37 created by this section.
38 (2) There is created in the General Fund a restricted account known as the "Cancer
39 Research Restricted Account."
40 (3) The account shall be funded by:
41 (a) contributions deposited into the account in accordance with Section 41-1a-422 ;
42 (b) private contributions;
43 (c) donations or grants from public or private entities; and
44 (d) interest and earnings on fund monies.
45 (4) Funds in the account are nonlapsing.
46 (5) The department shall distribute funds in the account to one or more charitable
47 organizations that:
48 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
49 (b) have been designated as an official cancer center of the state;
50 (c) is a National Cancer Institute designated cancer center; and
51 (d) have as part of its primary mission:
52 (i) cancer research programs in basic science, translational science, population
53 science, and clinical research to understand cancer from its beginnings; and
54 (ii) the dissemination and use of knowledge developed by the research described in
55 Subsection (5)(d)(i) for the creation and improvement of cancer detection, treatments,
56 prevention, and outreach programs.
57 (6) (a) An organization described in Subsection (5) may apply to the department to

58 receive a distribution in accordance with Subsection (5).
59 (b) An organization that receives a distribution from the department in accordance
60 with Subsection (5) shall expend the distribution only to conduct cancer research for the
61 purpose of making improvements in cancer treatments, cures, detection, and prevention of
62 cancer at the molecular and genetic levels.
63 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
64 department may make rules providing procedures for an organization to apply to the
65 department to receive a distribution under Subsection (5).
66 Section 2. Section 41-1a-418 is amended to read:
67 41-1a-418. Authorized special group license plates.
68 (1) The division shall only issue special group license plates in accordance with this
69 section through Section 41-1a-422 to a person who is specified under this section within the
70 categories listed as follows:
71 (a) disability special group license plates issued in accordance with Section
72 41-1a-420 ;
73 (b) honor special group license plates, as in a war hero, which plates are issued for a:
74 (i) survivor of the Japanese attack on Pearl Harbor;
75 (ii) former prisoner of war;
76 (iii) recipient of a Purple Heart;
77 (iv) disabled veteran; or
78 (v) recipient of a gold star award issued by the United States Secretary of Defense;
79 (c) unique vehicle type special group license plates, as for historical, collectors value,
80 or other unique vehicle type, which plates are issued for:
81 (i) a special interest vehicle;
82 (ii) a vintage vehicle;
83 (iii) a farm truck; or
84 (iv) (A) until Subsection (1)(c)(iv)(B) applies, a vehicle powered by clean fuel as
85 defined in Section 59-13-102 ; or

86 (B) beginning on the effective date of rules made by the Department of Transportation
87 authorized under Subsection 41-6a-702 (5)(b), a vehicle powered by clean fuel that meets the
88 standards established by the Department of Transportation in rules authorized under
89 Subsection 41-6a-702 (5)(b);
90 (d) recognition special group license plates, as in a public official or an emergency
91 service giver, which plates are issued for a:
92 (i) current member of the Legislature;
93 (ii) current member of the United States Congress;
94 (iii) current member of the National Guard;
95 (iv) licensed amateur radio operator;
96 (v) currently employed, volunteer, or retired firefighter until June 30, 2009;
97 (vi) emergency medical technician;
98 (vii) current member of a search and rescue team; or
99 (viii) current honorary consulate designated by the United States Department of State;
100 and
101 (e) support special group license plates, as for a contributor to an institution or cause,
102 which plates are issued for a contributor to:
103 (i) an institution's scholastic scholarship fund;
104 (ii) the Division of Wildlife Resources;
105 (iii) the Department of Veterans' Affairs;
106 (iv) the Division of Parks and Recreation;
107 (v) the Department of Agriculture and Food;
108 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
109 (vii) the Boy Scouts of America;
110 (viii) spay and neuter programs through No More Homeless Pets in Utah;
111 (ix) the Boys and Girls Clubs of America;
112 (x) Utah public education;
113 (xi) programs that provide support to organizations that create affordable housing for

114 those in severe need through the Division of Real Estate;
115 (xii) the Department of Public Safety;
116 (xiii) programs that support Zion National Park;
117 (xiv) beginning on July 1, 2009, programs that provide support to firefighter
118 organizations; [or]
119 (xv) programs that promote bicycle operation and safety awareness[.]; or
120 (xvi) programs that conduct or support cancer research.
121 (2) (a) Beginning January 1, 2003, the division may not issue a new type of special
122 group license plate unless the division receives:
123 (i) a start-up fee established under Section 63J-1-504 for production and
124 administrative costs for providing the new special group license plates; or
125 (ii) a legislative appropriation for the start-up fee provided under Subsection (2)(a)(i).
126 (b) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
127 registration of a motor vehicle that has been issued a firefighter recognition special group
128 license plate unless the applicant is a contributor as defined in Subsection
129 41-1a-422 (1)(a)(ii)(D) to the Firefighter Support Restricted Account.
130 (ii) A registered owner of a vehicle that has been issued a firefighter recognition
131 special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
132 registration shall:
133 (A) be a contributor to the Firefighter Support Restricted Account as required under
134 Subsection (2)(b)(ii); or
135 (B) replace the firefighter recognition special group license plate with a new license
136 plate.
137 (3) (a) A sponsoring organization that qualifies for tax-exempt status under Internal
138 Revenue Code Section 501(c)(3) may request the commission to authorize a new type of
139 special group license plate for the sponsoring organization. The sponsoring organization shall:
140 (i) collect a minimum of 200 applications; and
141 (ii) pay a start-up fee established under Section 63J-1-504 for production and

142 administrative costs for providing the new type of special group license plates.
143 (b) If the provisions of Subsection (3)(a) are met, the commission shall approve the
144 request and the division shall:
145 (i) design a license plate in accordance with Section 41-1a-419 ; and
146 (ii) issue the new type of special group license plates.
147 Section 3. Section 41-1a-422 is amended to read:
148 41-1a-422. Support special group license plates -- Contributor -- Voluntary
149 contribution collection procedures.
150 (1) As used in this section:
151 (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
152 has donated or in whose name at least $25 has been donated to:
153 (A) a scholastic scholarship fund of a single named institution;
154 (B) the Department of Veterans' Affairs for veterans' programs;
155 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
156 Section 23-14-13 , for conservation of wildlife and the enhancement, preservation, protection,
157 access, and management of wildlife habitat;
158 (D) the Department of Agriculture and Food for the benefit of conservation districts;
159 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
160 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah,
161 with the donation evenly divided between the two;
162 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
163 council as specified by the contributor;
164 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
165 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
166 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
167 development programs;
168 (J) the Utah Association of Public School Foundations to support public education;
169 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-28 to

170 assist people who have severe housing needs;
171 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
172 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
173 Safety employees;
174 (M) the Division of Parks and Recreation for distribution to organizations that provide
175 support for Zion National Park;
176 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
177 firefighter organizations; [or]
178 (O) the Share the Road Bicycle Support Restricted Account created in Section
179 72-2-127 to support bicycle operation and safety awareness programs[.]; or
180 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
181 cancer research programs.
182 (ii) (A) For a veterans' special group license plate, "contributor" means a person who
183 has donated or in whose name at least a $25 donation at the time of application and $10
184 annual donation thereafter has been made.
185 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
186 person who:
187 (I) has donated or in whose name at least $30 has been donated at the time of
188 application and annually after the time of application; and
189 (II) is a member of a trade organization for real estate licensees that has more than
190 15,000 Utah members.
191 (C) For an Honoring Heroes special group license plate, "contributor" means a person
192 who has donated or in whose name at least $35 has been donated at the time of application
193 and annually thereafter.
194 (D) For a firefighter support special group license plate, "contributor" means a person
195 who:
196 (I) has donated or in whose name at least $15 has been donated at the time of
197 application and annually after the time of application; and

198 (II) is a currently employed, volunteer, or retired firefighter.
199 (E) For a cancer research special group license plate, "contributor" means a person
200 who has donated or in whose name at least $35 has been donated at the time of application
201 and annually after the time of application.
202 (b) "Institution" means a state institution of higher education as defined under Section
203 53B-3-102 or a private institution of higher education in the state accredited by a regional or
204 national accrediting agency recognized by the United States Department of Education.
205 (2) (a) An applicant for original or renewal collegiate special group license plates
206 under Subsection (1)(a)(i) must be a contributor to the institution named in the application and
207 present the original contribution verification form under Subsection (2)(b) or make a
208 contribution to the division at the time of application under Subsection (3).
209 (b) An institution with a support special group license plate shall issue to a contributor
210 a verification form designed by the commission containing:
211 (i) the name of the contributor;
212 (ii) the institution to which a donation was made;
213 (iii) the date of the donation; and
214 (iv) an attestation that the donation was for a scholastic scholarship.
215 (c) The state auditor may audit each institution to verify that the moneys collected by
216 the institutions from contributors are used for scholastic scholarships.
217 (d) After an applicant has been issued collegiate license plates or renewal decals, the
218 commission shall charge the institution whose plate was issued, a fee determined in
219 accordance with Section 63J-1-504 for management and administrative expenses incurred in
220 issuing and renewing the collegiate license plates.
221 (e) If the contribution is made at the time of application, the contribution shall be
222 collected, treated, and deposited as provided under Subsection (3).
223 (3) (a) An applicant for original or renewal support special group license plates under
224 this section must be a contributor to the sponsoring organization associated with the license
225 plate.

226 (b) This contribution shall be:
227 (i) unless collected by the named institution under Subsection (2), collected by the
228 division;
229 (ii) considered a voluntary contribution for the funding of the activities specified
230 under this section and not a motor vehicle registration fee;
231 (iii) deposited into the appropriate account less actual administrative costs associated
232 with issuing the license plates; and
233 (iv) for a firefighter special group license plate, deposited into the appropriate account
234 less:
235 (A) the costs of reordering firefighter special group license plate decals; and
236 (B) the costs of replacing recognition special group license plates with new license
237 plates under Subsection 41-1a-1211 (13).
238 (c) The donation described in Subsection (1)(a) must be made in the 12 months prior
239 to registration or renewal of registration.
240 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
241 the division when issuing original:
242 (i) snowmobile license plates; or
243 (ii) conservation license plates.
244 (4) Veterans' license plates shall display one of the symbols representing the Army,
245 Navy, Air Force, Marines, Coast Guard, or American Legion.
246 Section 4. Effective date.
247 This bill takes effect on October 1, 2010.