This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 3, 2016 at 10:37 AM by lpoole.
1     
SPECIAL GROUP LICENSE PLATE MODIFICATIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Luz Escamilla

5     
House Sponsor: Brad R. Wilson

6     

7     LONG TITLE
8     General Description:
9          This bill authorizes a National Professional Men's Soccer Team Support of Building
10     Communities support special group license plate.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates a National Professional Men's Soccer Team Support of Building
14     Communities support special group license plate for certain organizations that
15     strengthen youth soccer, build communities, and promote environmental
16     sustainability;
17          ▸     requires applicants for the plate to make a $25 annual donation to the National
18     Professional Men's Soccer Team Support of Building Communities Restricted
19     Account;
20          ▸     creates the National Professional Men's Soccer Team Support of Building
21     Communities Restricted Account;
22          ▸     requires the Department of Ŝ→ [
Human Services] Heritage and Arts ←Ŝ to distribute
22a     the funds in the National
23     Professional Men's Soccer Team Support of Building Communities Restricted
24     Account to certain organizations that strengthen youth soccer, build communities,
25     and promote environmental sustainability; and
26          ▸     makes technical changes.
27     Money Appropriated in this Bill:

28          None
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          41-1a-418, as last amended by Laws of Utah 2014, Chapter 37
34          41-1a-422, as last amended by Laws of Utah 2014, Chapter 37
35          63J-1-602.1, as last amended by Laws of Utah 2015, Chapters 136 and 180
36     ENACTS:
37          9-19-101, Utah Code Annotated 1953
38          9-19-102, Utah Code Annotated 1953
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 9-19-101 is enacted to read:
42     
CHAPTER 19. NATIONAL PROFESSIONAL MEN'S SOCCER TEAM

43     
SUPPORT OF BUILDING COMMUNITIES RESTRICTED ACCOUNT ACT

44          9-19-101. Title.
45          This chapter is known as the "National Professional Men's Soccer Team Support of
46     Building Communities Restricted Account Act."
47          Section 2. Section 9-19-102 is enacted to read:
48          9-19-102. National Professional Men's Soccer Team Support of Building
49     Communities Restricted Account.
50          (1) There is created in the General Fund a restricted account known as the "National
51     Professional Men's Soccer Team Support of Building Communities Restricted Account."
52          (2) The account shall be funded by:
53          (a) contributions deposited into the account in accordance with Section 41-1a-422;
54          (b) private contributions; and
55          (c) donations or grants from public or private entities.
56          (3) Upon appropriation by the Legislature, the department shall distribute funds in the
57     account to one or more charitable organizations that:
58          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;

59          (b) have a board that is appointed by the owners that, either on an individual or joint
60     basis, own a controlling interest in a legal entity that is a franchised member of the
61     internationally recognized national governing body for professional men's soccer in the United
62     States;
63          (c) are headquartered within the state;
64          (d) create or support programs that focus on:
65          (i) strengthening communities through youth soccer by:
66          (A) using soccer to teach life skills;
67          (B) combating gang activity through youth involvement; and
68          (C) providing youth in underserved areas with opportunities to play soccer and become
69     certified referees;
70          (ii) building communities through professional player initiatives, tournaments, and
71     community gathering areas; and
72          (iii) promoting environmental sustainability; and
73          (e) have a board of directors that disperses all funds of the organization.
74          (4) (a) An organization described in Subsection (3) may apply to the department to
75     receive a distribution in accordance with Subsection (3).
76          (b) An organization that receives a distribution from the department in accordance with
77     Subsection (3) shall expend the distribution only to:
78          (i) create or support programs that focus on issues described in Subsection (3);
79          (ii) create or sponsor programs that will benefit residents within the state; and
80          (iii) pay the costs of issuing or reordering National Professional Men's Soccer Team
81     Support of Building Communities support special group license plate decals.
82          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
83     department may make rules providing procedures for an organization to apply to the
84     department to receive a distribution under this Subsection (4).
85          (5) In accordance with Section 63J-1-602.1, appropriations from the account are
86     nonlapsing.
87          Section 3. Section 41-1a-418 is amended to read:
88          41-1a-418. Authorized special group license plates.
89          (1) The division shall only issue special group license plates in accordance with this

90     section through Section 41-1a-422 to a person who is specified under this section within the
91     categories listed as follows:
92          (a) disability special group license plates issued in accordance with Section 41-1a-420;
93          (b) honor special group license plates, as in a war hero, which plates are issued for a:
94          (i) survivor of the Japanese attack on Pearl Harbor;
95          (ii) former prisoner of war;
96          (iii) recipient of a Purple Heart;
97          (iv) disabled veteran; or
98          (v) recipient of a gold star award issued by the United States Secretary of Defense;
99          (c) unique vehicle type special group license plates, as for historical, collectors value,
100     or other unique vehicle type, which plates are issued for:
101          (i) a special interest vehicle;
102          (ii) a vintage vehicle;
103          (iii) a farm truck; or
104          (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
105     defined in Section 59-13-102; or
106          (B) beginning on the effective date of rules made by the Department of Transportation
107     authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
108     powered by clean fuel that meets the standards established by the Department of Transportation
109     in rules authorized under Subsection 41-6a-702(5)(b);
110          (d) recognition special group license plates, which plates are issued for:
111          (i) a current member of the Legislature;
112          (ii) a current member of the United States Congress;
113          (iii) a current member of the National Guard;
114          (iv) a licensed amateur radio operator;
115          (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
116          (vi) an emergency medical technician;
117          (vii) a current member of a search and rescue team;
118          (viii) a current honorary consulate designated by the United States Department of
119     State; or
120          (ix) an individual that wants to recognize and honor American freedoms and values

121     through an In God We Trust license plate;
122          (e) support special group license plates, as for a contributor to an institution or cause,
123     which plates are issued for a contributor to:
124          (i) an institution's scholastic scholarship fund;
125          (ii) the Division of Wildlife Resources;
126          (iii) the Department of Veterans' and Military Affairs;
127          (iv) the Division of Parks and Recreation;
128          (v) the Department of Agriculture and Food;
129          (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
130          (vii) the Boy Scouts of America;
131          (viii) spay and neuter programs through No More Homeless Pets in Utah;
132          (ix) the Boys and Girls Clubs of America;
133          (x) Utah public education;
134          (xi) programs that provide support to organizations that create affordable housing for
135     those in severe need through the Division of Real Estate;
136          (xii) the Department of Public Safety;
137          (xiii) programs that support Zion National Park;
138          (xiv) beginning on July 1, 2009, programs that provide support to firefighter
139     organizations;
140          (xv) programs that promote bicycle operation and safety awareness;
141          (xvi) programs that conduct or support cancer research;
142          (xvii) programs that create or support autism awareness;
143          (xviii) programs that create or support humanitarian service and educational and
144     cultural exchanges;
145          (xix) programs that conduct or support prostate cancer awareness, screening, detection,
146     or prevention;
147          (xx) programs that support and promote adoptions;
148          (xxi) programs that create or support civil rights education and awareness; [or]
149          (xxii) programs that support issues affecting women and children through an
150     organization affiliated with a national professional men's basketball organization[.]; or
151          (xxiii) programs that strengthen youth soccer, build communities, and promote

152     environmental sustainability through an organization affiliated with a professional men's soccer
153     organization.
154          (2) (a) The division may not issue a new type of special group license plate unless the
155     division receives:
156          (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
157     the production and administrative costs of providing the new special group license plates; or
158          (B) a legislative appropriation for the start-up fee provided under Subsection
159     (2)(a)(i)(A); and
160          (ii) beginning on January 1, 2012, and for the issuance of a support special group
161     license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
162     type of support special group license plate to be issued with all fees required under this part for
163     the support special group license plate issuance paid by each applicant.
164          (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
165     hold applications for support special group license plates authorized in Section 41-1a-422 on or
166     after January 1, 2012, until it has received at least 500 applications.
167          (ii) Once a participating organization has received at least 500 applications, it shall
168     submit the applications, along with the necessary fees, to the division for the division to begin
169     working on the design and issuance of the new type of support special group license plate to be
170     issued.
171          (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
172     of a new support special group license plate authorized in Section 41-1a-422 until the
173     applications and fees required under this Subsection (2) have been received by the division.
174          (iv) The division shall begin issuance of a new support special group license plate
175     authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months after
176     receiving the applications and fees required under this Subsection (2).
177          (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
178     registration of a motor vehicle that has been issued a firefighter recognition special group
179     license plate unless the applicant is a contributor as defined in Subsection
180     41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
181          (ii) A registered owner of a vehicle that has been issued a firefighter recognition
182     special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle

183     registration shall:
184          (A) be a contributor to the Firefighter Support Restricted Account as required under
185     Subsection (2)(c)(i); or
186          (B) replace the firefighter recognition special group license plate with a new license
187     plate.
188          (3) (a) Beginning on July 1, 2011, if a support special group license plate type
189     authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
190     license plates issued each year for a three consecutive year time period that begins on July 1,
191     the division may not issue that type of support special group license plate to a new applicant
192     beginning on January 1 of the following calendar year after the three consecutive year time
193     period for which that type of support special group license plate has fewer than 500 license
194     plates issued each year.
195          (b) If the division is required to stop the issuance of a type of support special group
196     license plate authorized in Section 41-1a-422 under this Subsection (3), the division shall
197     report to the Transportation Interim Committee that the division will stop the issuance on or
198     before the November interim meeting of the year in which the commission determines to stop
199     the issuance of that type of support special group license plate.
200          (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
201     vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
202          Section 4. Section 41-1a-422 is amended to read:
203          41-1a-422. Support special group license plates -- Contributor -- Voluntary
204     contribution collection procedures.
205          (1) As used in this section:
206          (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
207     has donated or in whose name at least $25 has been donated to:
208          (A) a scholastic scholarship fund of a single named institution;
209          (B) the Department of Veterans' and Military Affairs for veterans' programs;
210          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
211     Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
212     access, and management of wildlife habitat;
213          (D) the Department of Agriculture and Food for the benefit of conservation districts;

214          (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
215          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
216     the donation evenly divided between the two;
217          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
218     council as specified by the contributor;
219          (H) No More Homeless Pets in Utah for distribution to organizations or individuals
220     that provide spay and neuter programs that subsidize the sterilization of domestic animals;
221          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
222     development programs;
223          (J) the Utah Association of Public School Foundations to support public education;
224          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
225     assist people who have severe housing needs;
226          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
227     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
228     Safety employees;
229          (M) the Division of Parks and Recreation for distribution to organizations that provide
230     support for Zion National Park;
231          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
232     firefighter organizations;
233          (O) the Share the Road Bicycle Support Restricted Account created in Section
234     72-2-127 to support bicycle operation and safety awareness programs;
235          (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
236     cancer research programs;
237          (Q) Autism Awareness Restricted Account created in Section 53A-1-304 to support
238     autism awareness programs;
239          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
240     created in Section 9-17-102 to support humanitarian service and educational and cultural
241     programs;
242          (S) Prostate Cancer Support Restricted Account created in Section 26-21a-303 for
243     programs that conduct or support prostate cancer awareness, screening, detection, or
244     prevention;

245          (T) the Choose Life Adoption Support Restricted Account created in Section
246     62A-4a-608 to support programs that promote adoption;
247          (U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
248     Section 9-18-102; [or]
249          (V) the National Professional Men's Basketball Team Support of Women and Children
250     Issues Restricted Account created in Section 62A-1-202[.]; or
251          (W) the National Professional Men's Soccer Team Support of Building Communities
252     Restricted Account created in Section 9-19-102.
253          (ii) (A) For a veterans' special group license plate, "contributor" means a person who
254     has donated or in whose name at least a $25 donation at the time of application and $10 annual
255     donation thereafter has been made.
256          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
257     person who:
258          (I) has donated or in whose name at least $30 has been donated at the time of
259     application and annually after the time of application; and
260          (II) is a member of a trade organization for real estate licensees that has more than
261     15,000 Utah members.
262          (C) For an Honoring Heroes special group license plate, "contributor" means a person
263     who has donated or in whose name at least $35 has been donated at the time of application and
264     annually thereafter.
265          (D) For a firefighter support special group license plate, "contributor" means a person
266     who:
267          (I) has donated or in whose name at least $15 has been donated at the time of
268     application and annually after the time of application; and
269          (II) is a currently employed, volunteer, or retired firefighter.
270          (E) For a cancer research special group license plate, "contributor" means a person who
271     has donated or in whose name at least $35 has been donated at the time of application and
272     annually after the time of application.
273          (F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
274     "contributor" means a person who has donated or in whose name at least $35 has been donated
275     at the time of application and annually thereafter.

276          (b) "Institution" means a state institution of higher education as defined under Section
277     53B-3-102 or a private institution of higher education in the state accredited by a regional or
278     national accrediting agency recognized by the United States Department of Education.
279          (2) (a) An applicant for original or renewal collegiate special group license plates under
280     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
281     present the original contribution verification form under Subsection (2)(b) or make a
282     contribution to the division at the time of application under Subsection (3).
283          (b) An institution with a support special group license plate shall issue to a contributor
284     a verification form designed by the commission containing:
285          (i) the name of the contributor;
286          (ii) the institution to which a donation was made;
287          (iii) the date of the donation; and
288          (iv) an attestation that the donation was for a scholastic scholarship.
289          (c) The state auditor may audit each institution to verify that the money collected by the
290     institutions from contributors is used for scholastic scholarships.
291          (d) After an applicant has been issued collegiate license plates or renewal decals, the
292     commission shall charge the institution whose plate was issued, a fee determined in accordance
293     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
294     renewing the collegiate license plates.
295          (e) If the contribution is made at the time of application, the contribution shall be
296     collected, treated, and deposited as provided under Subsection (3).
297          (3) (a) An applicant for original or renewal support special group license plates under
298     this section must be a contributor to the sponsoring organization associated with the license
299     plate.
300          (b) This contribution shall be:
301          (i) unless collected by the named institution under Subsection (2), collected by the
302     division;
303          (ii) considered a voluntary contribution for the funding of the activities specified under
304     this section and not a motor vehicle registration fee;
305          (iii) deposited into the appropriate account less actual administrative costs associated
306     with issuing the license plates; and

307          (iv) for a firefighter special group license plate, deposited into the appropriate account
308     less:
309          (A) the costs of reordering firefighter special group license plate decals; and
310          (B) the costs of replacing recognition special group license plates with new license
311     plates under Subsection 41-1a-1211(13).
312          (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
313     registration or renewal of registration.
314          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
315     the division when issuing original:
316          (i) snowmobile license plates; or
317          (ii) conservation license plates.
318          (4) Veterans' license plates shall display one of the symbols representing the Army,
319     Navy, Air Force, Marines, Coast Guard, or American Legion.
320          Section 5. Section 63J-1-602.1 is amended to read:
321          63J-1-602.1. List of nonlapsing accounts and funds -- General authority and Title
322     1 through Title 30.
323          (1) Appropriations made to the Legislature and its committees.
324          (2) The Percent-for-Art Program created in Section 9-6-404.
325          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
326     Section 9-18-102.
327          (4) The National Professional Men's Soccer Team Support of Building Communities
328     Restricted Account created in Section 9-19-102.
329          [(4)] (5) The LeRay McAllister Critical Land Conservation Program created in Section
330     11-38-301.
331          [(5)] (6) An appropriation made to the Division of Wildlife Resources for the appraisal
332     and purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6.
333          [(6)] (7) Award money under the State Asset Forfeiture Grant Program, as provided
334     under Section 24-4-117.
335          [(7)] (8) Funds collected from the program fund for local health department expenses
336     incurred in responding to a local health emergency under Section 26-1-38.
337          [(8)] (9) Funds collected from the emergency medical services grant program, as

338     provided in Section 26-8a-207.
339          [(9)] (10) The Prostate Cancer Support Restricted Account created in Section
340     26-21a-303.
341          [(10)] (11) State funds appropriated for matching federal funds in the Children's Health
342     Insurance Program as provided in Section 26-40-108.
343          [(11)] (12) The Utah Health Care Workforce Financial Assistance Program created in
344     Section 26-46-102.
345          [(12)] (13) The primary care grant program created in Section 26-10b-102.
346          [(13)] (14) The Rural Physician Loan Repayment Program created in Section
347     26-46a-103.
348          Section 6. Effective date.
349          This bill takes effect on October 1, 2016.






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