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8 LONG TITLE
9 General Description:
10 This bill authorizes a Utah Law Enforcement Memorial support special group license
11 plate.
12 Highlighted Provisions:
13 This bill:
14 ▸ creates a Utah Law Enforcement Memorial support special group license plate for
15 certain organizations that support the operation and maintenance of the Utah Law
16 Enforcement Memorial;
17 ▸ requires applicants for a new plate to make an annual donation to the Utah Law
18 Enforcement Memorial Support Restricted Account;
19 ▸ creates the Utah Law Enforcement Memorial Support Restricted Account;
20 ▸ requires the Commissioner of Public Safety to distribute funds in the Utah Law
21 Enforcement Memorial Support Restricted Account to certain organizations that
22 support the operation and maintenance of the Utah Law Enforcement Memorial;
23 and
24 ▸ makes technical corrections.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 41-1a-418, as last amended by Laws of Utah 2014, Chapter 37
32 41-1a-422, as last amended by Laws of Utah 2014, Chapter 37
33 63J-1-602.3, as last amended by Laws of Utah 2014, Chapters 189 and 304
34 ENACTS:
35 53-1-120, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 41-1a-418 is amended to read:
39 41-1a-418. Authorized special group license plates.
40 (1) The division shall only issue special group license plates in accordance with this
41 section through Section 41-1a-422 to a person who is specified under this section within the
42 categories listed as follows:
43 (a) disability special group license plates issued in accordance with Section 41-1a-420;
44 (b) honor special group license plates, as in a war hero, which plates are issued for a:
45 (i) survivor of the Japanese attack on Pearl Harbor;
46 (ii) former prisoner of war;
47 (iii) recipient of a Purple Heart;
48 (iv) disabled veteran; or
49 (v) recipient of a gold star award issued by the United States Secretary of Defense;
50 (c) unique vehicle type special group license plates, as for historical, collectors value,
51 or other unique vehicle type, which plates are issued for:
52 (i) a special interest vehicle;
53 (ii) a vintage vehicle;
54 (iii) a farm truck; or
55 (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
56 defined in Section 59-13-102; or
57 (B) beginning on the effective date of rules made by the Department of Transportation
58 authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
59 powered by clean fuel that meets the standards established by the Department of Transportation
60 in rules authorized under Subsection 41-6a-702(5)(b);
61 (d) recognition special group license plates, which plates are issued for:
62 (i) a current member of the Legislature;
63 (ii) a current member of the United States Congress;
64 (iii) a current member of the National Guard;
65 (iv) a licensed amateur radio operator;
66 (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
67 (vi) an emergency medical technician;
68 (vii) a current member of a search and rescue team;
69 (viii) a current honorary consulate designated by the United States Department of
70 State; or
71 (ix) an individual that wants to recognize and honor American freedoms and values
72 through an In God We Trust license plate;
73 (e) support special group license plates, as for a contributor to an institution or cause,
74 which plates are issued for a contributor to:
75 (i) an institution's scholastic scholarship fund;
76 (ii) the Division of Wildlife Resources;
77 (iii) the Department of Veterans' and Military Affairs;
78 (iv) the Division of Parks and Recreation;
79 (v) the Department of Agriculture and Food;
80 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
81 (vii) the Boy Scouts of America;
82 (viii) spay and neuter programs through No More Homeless Pets in Utah;
83 (ix) the Boys and Girls Clubs of America;
84 (x) Utah public education;
85 (xi) programs that provide support to organizations that create affordable housing for
86 those in severe need through the Division of Real Estate;
87 (xii) the Department of Public Safety;
88 (xiii) programs that support Zion National Park;
89 (xiv) beginning on July 1, 2009, programs that provide support to firefighter
90 organizations;
91 (xv) programs that promote bicycle operation and safety awareness;
92 (xvi) programs that conduct or support cancer research;
93 (xvii) programs that create or support autism awareness;
94 (xviii) programs that create or support humanitarian service and educational and
95 cultural exchanges;
96 (xix) programs that conduct or support prostate cancer awareness, screening, detection,
97 or prevention;
98 (xx) programs that support and promote adoptions;
99 (xxi) programs that create or support civil rights education and awareness; [
100 (xxii) programs that support issues affecting women and children through an
101 organization affiliated with a national professional men's basketball organization[
102 (xxiii) programs that support the operation and maintenance of the Utah Law
103 Enforcement Memorial.
104 (2) (a) The division may not issue a new type of special group license plate unless the
105 division receives:
106 (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
107 the production and administrative costs of providing the new special group license plates; or
108 (B) a legislative appropriation for the start-up fee provided under Subsection
109 (2)(a)(i)(A); and
110 (ii) beginning on January 1, 2012, and for the issuance of a support special group
111 license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
112 type of support special group license plate to be issued with all fees required under this part for
113 the support special group license plate issuance paid by each applicant.
114 (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
115 hold applications for support special group license plates authorized in Section 41-1a-422 on or
116 after January 1, 2012, until it has received at least 500 applications.
117 (ii) Once a participating organization has received at least 500 applications, it shall
118 submit the applications, along with the necessary fees, to the division for the division to begin
119 working on the design and issuance of the new type of support special group license plate to be
120 issued.
121 (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
122 of a new support special group license plate authorized in Section 41-1a-422 until the
123 applications and fees required under this Subsection (2) have been received by the division.
124 (iv) The division shall begin issuance of a new support special group license plate
125 authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months after
126 receiving the applications and fees required under this Subsection (2).
127 (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
128 registration of a motor vehicle that has been issued a firefighter recognition special group
129 license plate unless the applicant is a contributor as defined in Subsection
130 41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
131 (ii) A registered owner of a vehicle that has been issued a firefighter recognition
132 special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
133 registration shall:
134 (A) be a contributor to the Firefighter Support Restricted Account as required under
135 Subsection (2)(c)(i); or
136 (B) replace the firefighter recognition special group license plate with a new license
137 plate.
138 (3) (a) Beginning on July 1, 2011, if a support special group license plate type
139 authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
140 license plates issued each year for a three consecutive year time period that begins on July 1,
141 the division may not issue that type of support special group license plate to a new applicant
142 beginning on January 1 of the following calendar year after the three consecutive year time
143 period for which that type of support special group license plate has fewer than 500 license
144 plates issued each year.
145 (b) If the division is required to stop the issuance of a type of support special group
146 license plate authorized in Section 41-1a-422 under this Subsection (3), the division shall
147 report to the Transportation Interim Committee that the division will stop the issuance on or
148 before the November interim meeting of the year in which the commission determines to stop
149 the issuance of that type of support special group license plate.
150 (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
151 vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
152 Section 2. Section 41-1a-422 is amended to read:
153 41-1a-422. Support special group license plates -- Contributor -- Voluntary
154 contribution collection procedures.
155 (1) As used in this section:
156 (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
157 has donated or in whose name at least $25 has been donated to:
158 (A) a scholastic scholarship fund of a single named institution;
159 (B) the Department of Veterans' and Military Affairs for veterans' programs;
160 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
161 Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
162 access, and management of wildlife habitat;
163 (D) the Department of Agriculture and Food for the benefit of conservation districts;
164 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
165 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
166 the donation evenly divided between the two;
167 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
168 council as specified by the contributor;
169 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
170 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
171 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
172 development programs;
173 (J) the Utah Association of Public School Foundations to support public education;
174 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
175 assist people who have severe housing needs;
176 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
177 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
178 Safety employees;
179 (M) the Division of Parks and Recreation for distribution to organizations that provide
180 support for Zion National Park;
181 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
182 firefighter organizations;
183 (O) the Share the Road Bicycle Support Restricted Account created in Section
184 72-2-127 to support bicycle operation and safety awareness programs;
185 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
186 cancer research programs;
187 (Q) Autism Awareness Restricted Account created in Section 53A-1-304 to support
188 autism awareness programs;
189 (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
190 created in Section 9-17-102 to support humanitarian service and educational and cultural
191 programs;
192 (S) Prostate Cancer Support Restricted Account created in Section 26-21a-303 for
193 programs that conduct or support prostate cancer awareness, screening, detection, or
194 prevention;
195 (T) the Choose Life Adoption Support Restricted Account created in Section
196 62A-4a-608 to support programs that promote adoption;
197 (U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
198 Section 9-18-102; [
199 (V) the National Professional Men's Basketball Team Support of Women and Children
200 Issues Restricted Account created in Section 62A-1-202[
201 (W) the Utah Law Enforcement Memorial Support Restricted Account created in
202 Section 53-1-120.
203 (ii) (A) For a veterans' special group license plate, "contributor" means a person who
204 has donated or in whose name at least a $25 donation at the time of application and $10 annual
205 donation thereafter has been made.
206 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
207 person who:
208 (I) has donated or in whose name at least $30 has been donated at the time of
209 application and annually after the time of application; and
210 (II) is a member of a trade organization for real estate licensees that has more than
211 15,000 Utah members.
212 (C) For an Honoring Heroes special group license plate, "contributor" means a person
213 who has donated or in whose name at least $35 has been donated at the time of application and
214 annually thereafter.
215 (D) For a firefighter support special group license plate, "contributor" means a person
216 who:
217 (I) has donated or in whose name at least $15 has been donated at the time of
218 application and annually after the time of application; and
219 (II) is a currently employed, volunteer, or retired firefighter.
220 (E) For a cancer research special group license plate, "contributor" means a person who
221 has donated or in whose name at least $35 has been donated at the time of application and
222 annually after the time of application.
223 (F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
224 "contributor" means a person who has donated or in whose name at least $35 has been donated
225 at the time of application and annually thereafter.
226 (b) "Institution" means a state institution of higher education as defined under Section
227 53B-3-102 or a private institution of higher education in the state accredited by a regional or
228 national accrediting agency recognized by the United States Department of Education.
229 (2) (a) An applicant for original or renewal collegiate special group license plates under
230 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
231 present the original contribution verification form under Subsection (2)(b) or make a
232 contribution to the division at the time of application under Subsection (3).
233 (b) An institution with a support special group license plate shall issue to a contributor
234 a verification form designed by the commission containing:
235 (i) the name of the contributor;
236 (ii) the institution to which a donation was made;
237 (iii) the date of the donation; and
238 (iv) an attestation that the donation was for a scholastic scholarship.
239 (c) The state auditor may audit each institution to verify that the money collected by the
240 institutions from contributors is used for scholastic scholarships.
241 (d) After an applicant has been issued collegiate license plates or renewal decals, the
242 commission shall charge the institution whose plate was issued, a fee determined in accordance
243 with Section 63J-1-504 for management and administrative expenses incurred in issuing and
244 renewing the collegiate license plates.
245 (e) If the contribution is made at the time of application, the contribution shall be
246 collected, treated, and deposited as provided under Subsection (3).
247 (3) (a) An applicant for original or renewal support special group license plates under
248 this section must be a contributor to the sponsoring organization associated with the license
249 plate.
250 (b) This contribution shall be:
251 (i) unless collected by the named institution under Subsection (2), collected by the
252 division;
253 (ii) considered a voluntary contribution for the funding of the activities specified under
254 this section and not a motor vehicle registration fee;
255 (iii) deposited into the appropriate account less actual administrative costs associated
256 with issuing the license plates; and
257 (iv) for a firefighter special group license plate, deposited into the appropriate account
258 less:
259 (A) the costs of reordering firefighter special group license plate decals; and
260 (B) the costs of replacing recognition special group license plates with new license
261 plates under Subsection 41-1a-1211(13).
262 (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
263 registration or renewal of registration.
264 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
265 the division when issuing original:
266 (i) snowmobile license plates; or
267 (ii) conservation license plates.
268 (4) Veterans' license plates shall display one of the symbols representing the Army,
269 Navy, Air Force, Marines, Coast Guard, or American Legion.
270 Section 3. Section 53-1-120 is enacted to read:
271 53-1-120. Utah Law Enforcement Memorial Support Restricted Account --
272 Creation -- Funding -- Distribution of funds by the commissioner.
273 (1) There is created in the General Fund a restricted account known as the Utah Law
274 Enforcement Memorial Support Restricted Account.
275 (2) The account shall be funded by:
276 (a) contributions deposited into the Utah Law Enforcement Memorial Support
277 Restricted Account in accordance with Section 41-1a-422;
278 (b) private contributions; and
279 (c) donations or grants from public or private entities.
280 (3) The Legislature shall appropriate money in the account to the commissioner.
281 (4) Upon appropriation, the commissioner shall distribute the funds to one or more
282 charitable organizations that:
283 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
284 and
285 (b) have as a primary part of their mission to support the operation and maintenance of
286 the Utah Law Enforcement Memorial.
287 (5) The commissioner may only consider proposals that are:
288 (a) proposed by a charitable organization under Subsection (4); and
289 (b) designed to support the operation and maintenance of the Utah Law Enforcement
290 Memorial.
291 (6) (a) An organization described in Subsection (4) may apply to the commissioner to
292 receive a distribution in accordance with Subsection (4).
293 (b) An organization that receives a distribution from the commissioner in accordance
294 with Subsection (4) shall expend the distribution only to support the operation and maintenance
295 of the Utah Law Enforcement Memorial.
296 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
297 commissioner shall make rules providing procedures for an organization to apply to receive
298 funds under this section.
299 Section 4. Section 63J-1-602.3 is amended to read:
300 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
301 (1) The Utah Law Enforcement Memorial Support Restricted Account created in
302 Section 53-1-120.
303 [
304 in Section 53-2a-1102.
305 [
306 State Disaster Recovery Restricted Account, as provided in Section 53-2a-603.
307 [
308 of Public Safety Restricted Account, as provided in Section 53-3-106.
309 [
310 Section 53-3-905.
311 [
312 Account created in Section 53-8-303.
313 [
314 Section 53-10-407.
315 [
316 [
317 [
318 53A-17a-105.
319 [
320 products or services, as provided in Section 53A-24-105.
321 [
322 Regents for teacher preparation programs, as provided in Section 53B-6-104.
323 [
324 Education Council, as provided in Section 53B-24-202.
325 [
326 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
327 [
328 by the Public Service Commission, as provided in Section 54-8b-10.
329 [
330 Licensing for violation of unlawful or unprofessional conduct that are used for education and
331 enforcement purposes, as provided in Section 58-17b-505.
332 [
333 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
334 provided in Section 58-63-103.
335 [
336 in Section 59-9-105.
337 [
338 Section 5. Effective date.
339 This bill takes effect on October 1, 2015.
Legislative Review Note
as of 2-11-15 12:07 PM
Office of Legislative Research and General Counsel