1     
SUPPORT SPECIAL GROUP LICENSE PLATE FOR

2     
MOTORCYCLE SAFETY AWARENESS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Mark A. Wheatley

6     
Senate Sponsor: Luz Escamilla

7     

8     LONG TITLE
9     General Description:
10          This bill creates the Motorcycle Safety Awareness Support special group license plate.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates the Motorcycle Safety Awareness Support special group license plate;
14          ▸     creates the Motorcycle Safety Awareness Support Restricted Account;
15          ▸     requires a start-up fee for the production of the license plate;
16          ▸     requires an annual fee for an individual who requests the plate;
17          ▸     requires the Department of Transportation to manage and make distributions to a
18     qualifying entity from the Motorcycle Safety Awareness Support Restricted
19     Account; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          41-1a-418, as last amended by Laws of Utah 2017, Chapters 107, 181, and 194

28          41-1a-422, as last amended by Laws of Utah 2017, Chapters 107, 194, and 383
29     ENACTS:
30          72-2-129, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 41-1a-418 is amended to read:
34          41-1a-418. Authorized special group license plates.
35          (1) The division shall only issue special group license plates in accordance with this
36     section through Section 41-1a-422 to a person who is specified under this section within the
37     categories listed as follows:
38          (a) disability special group license plates issued in accordance with Section 41-1a-420;
39          (b) honor special group license plates, as in a war hero, which plates are issued for a:
40          (i) survivor of the Japanese attack on Pearl Harbor;
41          (ii) former prisoner of war;
42          (iii) recipient of a Purple Heart;
43          (iv) disabled veteran;
44          (v) recipient of a gold star award issued by the United States Secretary of Defense; or
45          (vi) recipient of a campaign or combat theater award determined by the Department of
46     Veterans' and Military Affairs;
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:
49          (i) a special interest vehicle;
50          (ii) a vintage vehicle;
51          (iii) a farm truck; or
52          (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
53     defined in Section 59-13-102; or
54          (B) beginning on the effective date of rules made by the Department of Transportation
55     authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
56     powered by clean fuel that meets the standards established by the Department of Transportation
57     in rules authorized under Subsection 41-6a-702(5)(b);
58          (d) recognition special group license plates, which plates are issued for:

59          (i) a current member of the Legislature;
60          (ii) a current member of the United States Congress;
61          (iii) a current member of the National Guard;
62          (iv) a licensed amateur radio operator;
63          (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
64          (vi) an emergency medical technician;
65          (vii) a current member of a search and rescue team; or
66          (viii) a current honorary consulate designated by the United States Department of
67     State; or
68          (e) support special group license plates, as for a contributor to an institution or cause,
69     which plates are issued for a contributor to:
70          (i) an institution's scholastic scholarship fund;
71          (ii) the Division of Wildlife Resources;
72          (iii) the Department of Veterans' and Military Affairs;
73          (iv) the Division of Parks and Recreation;
74          (v) the Department of Agriculture and Food;
75          (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
76          (vii) the Boy Scouts of America;
77          (viii) spay and neuter programs through No More Homeless Pets in Utah;
78          (ix) the Boys and Girls Clubs of America;
79          (x) Utah public education;
80          (xi) programs that provide support to organizations that create affordable housing for
81     those in severe need through the Division of Real Estate;
82          (xii) the Department of Public Safety;
83          (xiii) programs that support Zion National Park;
84          (xiv) beginning on July 1, 2009, programs that provide support to firefighter
85     organizations;
86          (xv) programs that promote bicycle operation and safety awareness;
87          (xvi) programs that conduct or support cancer research;
88          (xvii) programs that create or support autism awareness;
89          (xviii) programs that create or support humanitarian service and educational and

90     cultural exchanges;
91          (xix) until September 30,2017, programs that conduct or support prostate cancer
92     awareness, screening, detection, or prevention;
93          (xx) programs that support and promote adoptions;
94          (xxi) programs that create or support civil rights education and awareness;
95          (xxii) programs that support issues affecting women and children through an
96     organization affiliated with a national professional men's basketball organization;
97          (xxiii) programs that strengthen youth soccer, build communities, and promote
98     environmental sustainability through an organization affiliated with a professional men's soccer
99     organization;
100          (xxiv) programs that support children with heart disease;
101          (xxv) programs that support the operation and maintenance of the Utah Law
102     Enforcement Memorial;
103          (xxvi) programs that provide assistance to children with cancer; [or]
104          (xxvii) programs that promote leadership and career development through agricultural
105     education[.]; or
106          (xxviii) programs that promote motorcycle safety awareness.
107          (2) (a) The division may not issue a new type of special group license plate or decal
108     unless the division receives:
109          (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
110     the production and administrative costs of providing the new special group license plates or
111     decals; or
112          (B) a legislative appropriation for the start-up fee provided under Subsection
113     (2)(a)(i)(A); and
114          (ii) beginning on January 1, 2012, and for the issuance of a support special group
115     license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
116     type of support special group license plate or decal to be issued with all fees required under this
117     part for the support special group license plate or decal issuance paid by each applicant.
118          (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
119     hold applications for support special group license plates or decals authorized in Section
120     41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.

121          (ii) Once a participating organization has received at least 500 applications, it shall
122     submit the applications, along with the necessary fees, to the division for the division to begin
123     working on the design and issuance of the new type of support special group license plate or
124     decal to be issued.
125          (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
126     of a new support special group license plate or decal authorized in Section 41-1a-422 until the
127     applications and fees required under this Subsection (2) have been received by the division.
128          (iv) The division shall begin issuance of a new support special group license plate or
129     decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
130     after receiving the applications and fees required under this Subsection (2).
131          (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
132     registration of a motor vehicle that has been issued a firefighter recognition special group
133     license plate unless the applicant is a contributor as defined in Subsection
134     41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
135          (ii) A registered owner of a vehicle that has been issued a firefighter recognition
136     special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
137     registration shall:
138          (A) be a contributor to the Firefighter Support Restricted Account as required under
139     Subsection (2)(c)(i); or
140          (B) replace the firefighter recognition special group license plate with a new license
141     plate.
142          (3) Beginning on July 1, 2011, if a support special group license plate or decal type
143     authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
144     license plates issued each year for a three consecutive year time period that begins on July 1,
145     the division may not issue that type of support special group license plate or decal to a new
146     applicant beginning on January 1 of the following calendar year after the three consecutive year
147     time period for which that type of support special group license plate or decal has fewer than
148     500 license plates issued each year.
149          (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
150     vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
151          (5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer

152     support special group license plate.
153          (b) A registered owner of a vehicle that has been issued a prostate cancer support
154     special group license plate before October 1, 2017, may renew the owner's motor vehicle
155     registration, with the contribution allocated as described in Section 41-1a-422.
156          Section 2. Section 41-1a-422 is amended to read:
157          41-1a-422. Support special group license plates -- Contributor -- Voluntary
158     contribution collection procedures.
159          (1) As used in this section:
160          (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
161     has donated or in whose name at least $25 has been donated to:
162          (A) a scholastic scholarship fund of a single named institution;
163          (B) the Department of Veterans' and Military Affairs for veterans' programs;
164          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
165     Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
166     access, and management of wildlife habitat;
167          (D) the Department of Agriculture and Food for the benefit of conservation districts;
168          (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
169          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
170     the donation evenly divided between the two;
171          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
172     council as specified by the contributor;
173          (H) No More Homeless Pets in Utah for distribution to organizations or individuals
174     that provide spay and neuter programs that subsidize the sterilization of domestic animals;
175          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
176     development programs;
177          (J) the Utah Association of Public School Foundations to support public education;
178          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
179     assist people who have severe housing needs;
180          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
181     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
182     Safety employees;

183          (M) the Division of Parks and Recreation for distribution to organizations that provide
184     support for Zion National Park;
185          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
186     firefighter organizations;
187          (O) the Share the Road Bicycle Support Restricted Account created in Section
188     72-2-127 to support bicycle operation and safety awareness programs;
189          (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
190     cancer research programs;
191          (Q) Autism Awareness Restricted Account created in Section 53A-1-304 to support
192     autism awareness programs;
193          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
194     created in Section 9-17-102 to support humanitarian service and educational and cultural
195     programs;
196          (S) Prostate Cancer Support Restricted Account created in Section 26-21a-303 for
197     programs that conduct or support prostate cancer awareness, screening, detection, or prevention
198     until September 30, 2017, and beginning on October 1, 2017, upon renewal of a prostate cancer
199     support special group license plate, to the Cancer Research Restricted Account created in
200     Section 26-21a-302 to support cancer research programs;
201          (T) the Choose Life Adoption Support Restricted Account created in Section
202     62A-4a-608 to support programs that promote adoption;
203          (U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
204     Section 9-18-102;
205          (V) the National Professional Men's Basketball Team Support of Women and Children
206     Issues Restricted Account created in Section 62A-1-202;
207          (W) the Utah Law Enforcement Memorial Support Restricted Account created in
208     Section 53-1-120;
209          (X) the Children with Cancer Support Restricted Account created in Section
210     26-21a-304 for programs that provide assistance to children with cancer;
211          (Y) the National Professional Men's Soccer Team Support of Building Communities
212     Restricted Account created in Section 9-19-102;
213          (Z) the Children with Heart Disease Support Restricted Account created in Section

214     26-58-102;
215          (AA) the Utah Intracurricular Student Organization Support for Agricultural Education
216     and Leadership Restricted Account created in Section 4-42-102; [or]
217          (BB) the Division of Wildlife Resources for the Support for State-Owned Shooting
218     Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
219     operation and maintenance of existing, state-owned firearm shooting ranges[.]; or
220          (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
221     72-2-129.
222          (ii) (A) For a veterans' special group license plate, "contributor" means a person who
223     has donated or in whose name at least a $25 donation at the time of application and $10 annual
224     donation thereafter has been made.
225          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
226     person who:
227          (I) has donated or in whose name at least $30 has been donated at the time of
228     application and annually after the time of application; and
229          (II) is a member of a trade organization for real estate licensees that has more than
230     15,000 Utah members.
231          (C) For an Honoring Heroes special group license plate, "contributor" means a person
232     who has donated or in whose name at least $35 has been donated at the time of application and
233     annually thereafter.
234          (D) For a firefighter support special group license plate, "contributor" means a person
235     who:
236          (I) has donated or in whose name at least $15 has been donated at the time of
237     application and annually after the time of application; and
238          (II) is a currently employed, volunteer, or retired firefighter.
239          (E) For a cancer research special group license plate, "contributor" means a person who
240     has donated or in whose name at least $35 has been donated at the time of application and
241     annually after the time of application.
242          (F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
243     "contributor" means a person who has donated or in whose name at least $35 has been donated
244     at the time of application and annually thereafter.

245          (G) For a Utah Law Enforcement Memorial Support special group license plate,
246     "contributor" means a person who has donated or in whose name at least $35 has been donated
247     at the time of application and annually thereafter.
248          (b) "Institution" means a state institution of higher education as defined under Section
249     53B-3-102 or a private institution of higher education in the state accredited by a regional or
250     national accrediting agency recognized by the United States Department of Education.
251          (2) (a) An applicant for original or renewal collegiate special group license plates under
252     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
253     present the original contribution verification form under Subsection (2)(b) or make a
254     contribution to the division at the time of application under Subsection (3).
255          (b) An institution with a support special group license plate shall issue to a contributor
256     a verification form designed by the commission containing:
257          (i) the name of the contributor;
258          (ii) the institution to which a donation was made;
259          (iii) the date of the donation; and
260          (iv) an attestation that the donation was for a scholastic scholarship.
261          (c) The state auditor may audit each institution to verify that the money collected by the
262     institutions from contributors is used for scholastic scholarships.
263          (d) After an applicant has been issued collegiate license plates or renewal decals, the
264     commission shall charge the institution whose plate was issued, a fee determined in accordance
265     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
266     renewing the collegiate license plates.
267          (e) If the contribution is made at the time of application, the contribution shall be
268     collected, treated, and deposited as provided under Subsection (3).
269          (3) (a) An applicant for original or renewal support special group license plates under
270     this section must be a contributor to the sponsoring organization associated with the license
271     plate.
272          (b) This contribution shall be:
273          (i) unless collected by the named institution under Subsection (2), collected by the
274     division;
275          (ii) considered a voluntary contribution for the funding of the activities specified under

276     this section and not a motor vehicle registration fee;
277          (iii) deposited into the appropriate account less actual administrative costs associated
278     with issuing the license plates; and
279          (iv) for a firefighter special group license plate, deposited into the appropriate account
280     less:
281          (A) the costs of reordering firefighter special group license plate decals; and
282          (B) the costs of replacing recognition special group license plates with new license
283     plates under Subsection 41-1a-1211(13).
284          (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
285     registration or renewal of registration.
286          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
287     the division when issuing original:
288          (i) snowmobile license plates; or
289          (ii) conservation license plates.
290          (4) Veterans' license plates shall display one of the symbols representing the Army,
291     Navy, Air Force, Marines, Coast Guard, or American Legion.
292          Section 3. Section 72-2-129 is enacted to read:
293          72-2-129. Motorcycle Safety Awareness Support Restricted Account.
294          (1) There is created in the General Fund the Motorcycle Safety Awareness Support
295     Restricted Account.
296          (2) The account shall be funded by:
297          (a) contributions deposited into the account in accordance with Section 41-1a-422;
298          (b) appropriations to the account by the Legislature;
299          (c) private contributions; and
300          (d) donations or grants from public or private entities.
301          (3) The Legislature shall appropriate funds in the account to the department.
302          (4) The department may expend up to 5% of the money appropriated under Subsection
303     (3) to administer account distributions in accordance with Subsections (5) and (6).

304          (5) The department shall distribute contributions in the account to one or more
305     charitable organizations that:

306          (a) are exempt from federal income taxation under Section 501(c)(3) of the Internal

307     Revenue Code;

308          (b) have as part of their primary mission:
309          (i) the promotion of motorcycle safety and awareness;
310          (ii) safe motor vehicle operation around motorcycles; and
311          (iii) assistance to motorcycle riders who have been involved in an accident that resulted
312     in hospitalization; and

313          (c) contribute to the start-up fee for the production and administrative costs for
314     providing a Motorcycle Safety Awareness Support special group license plate in accordance
315     with Subsection 41-1a-418(2)(a).

316          (6) (a) An organization described in Subsection (5) may apply to the department to
317     receive a distribution in accordance with Subsection (5).

318          (b) An organization that receives a distribution from the department in accordance with
319     Subsection (5) shall expend the distribution only to:

320          (i) pay the costs of reordering Motorcycle Safety Awareness Support special group
321     license plate decals;

322          (ii) produce and distribute materials to educate motorcycle riders and motorists about
323     motorcycle safety and awareness and obeying the law in Utah;

324          (iii) promote education on motorcycle safety;
325          (iv) assist motorcycle riders and families of motorcycle riders who have been involved
326     in a motorcycle accident resulting in hospitalization; and

327          (v) provide other programs that promote motorcycle and related traffic safety.
328          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
329     department may make rules providing procedures and requirements for an organization to
330     apply to the department to receive a distribution under Subsection (5).
331          Section 4. Effective date.
332          This bill takes effect on October 1, 2018.






Legislative Review Note
Office of Legislative Research and General Counsel