This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 2, 2018 at 11:20 AM by lpoole.
Senator Lincoln Fillmore proposes the following substitute bill:


1     
SUPPORT SPECIAL GROUP HISTORICAL LICENSE PLATE

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill creates a support special group license plate to support the mission and
10     purpose of the Utah State Historical Society.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates a support special group license plate to support the mission and purpose of
14     the Utah State Historical Society;
15          ▸     provides for the design of the historical support special group license plate;
16     Ŝ→ [
     ▸     exempts the historical license plate from the reflectorization requirement if
17     materials are unavailable
] requires the Motor Vehicle Division to procure reflectorized materials

17a     for the historical support special group plate as soon as such materials are available at a
17b     reasonable cost ←Ŝ ;
18          ▸     requires applicants for the plate to make a $25 annual donation to the Utah State
19     Historical Society;
20          ▸     requires the donations to be deposited into the General Fund as a dedicated credit to
21     the Utah State Historical Society; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          9-8-207, as renumbered and amended by Laws of Utah 1992, Chapter 241
30          41-1a-401, as last amended by Laws of Utah 2016, Chapter 303
31          41-1a-418, as last amended by Laws of Utah 2017, Chapters 107, 181, and 194
32          41-1a-419, as last amended by Laws of Utah 2009, Chapter 183
33          41-1a-422, as last amended by Laws of Utah 2017, Chapters 107, 194, and 383
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 9-8-207 is amended to read:
37          9-8-207. Historical society -- Donations -- Accounting.
38          (1) (a) There is created the Utah State Historical Society.
39          (b) The society may:
40          (i) solicit memberships from persons interested in the work of the society and charge
41     dues for memberships commensurate with the advantages of membership and the needs of the
42     society; and
43          (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
44     which shall then become the property of the state of Utah.
45          (2) (a) If the donor directs that money or property donated under Subsection (1)(b)(ii)
46     be used in a specified manner, then the division shall use it in accordance with these directions.
47     Otherwise, all donated money and the proceeds from donated property, together with the
48     charges realized from society memberships, shall be deposited in the General Fund as restricted
49     revenue of the society.
50          (b) Funds received from donations to the society under Section 41-1a-422 shall be
51     deposited into the General Fund as a dedicated credit to achieve the mission and purpose of the
52     society.
53          (3) The division shall keep a correct account of funds and property received, held, or
54     disbursed by the society, and shall make reports to the governor as in the case of other state
55     institutions.
56          Section 2. Section 41-1a-401 is amended to read:

57          41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
58     registration in lieu of or used with plates.
59          (1) (a) The division upon registering a vehicle shall issue to the owner:
60          (i) one license plate for a motorcycle, trailer, or semitrailer;
61          (ii) one decal for a park model recreational vehicle, in lieu of a license plate, which
62     shall be attached in plain sight to the rear of the park model recreational vehicle;
63          (iii) one decal for a camper, in lieu of a license plate, which shall be attached in plain
64     sight to the rear of the camper; and
65          (iv) two identical license plates for every other vehicle.
66          (b) The license plate or decal issued under Subsection (1)(a) is for the particular
67     vehicle registered and may not be removed during the term for which the license plate or decal
68     is issued or used upon any other vehicle than the registered vehicle.
69          (2) The division may receive applications for registration renewal, renew registration,
70     and issue new license plates or decals at any time prior to the expiration of registration.
71          (3) (a) Ŝ→ (i) ←Ŝ Ŝ→ [
[] ←Ŝ All Ŝ→ [] Except for a historical support special group
71a     license plate created under
72     this part for which the appropriate reflective material may not be available, all
] ←Ŝ license plates to
73     be manufactured and issued by the division shall be treated with a fully reflective material on
74     the plate face that provides effective and dependable reflective brightness during the service
75     period of the license plate.
75a     Ŝ→ (ii) For a historical support special group license plate created under this part, the division
75b     shall procure reflective material to satisfy the requirement under Subsection (3)(a)(i) as soon
75c     as such material is available at a reasonable cost. ←Ŝ
76          (b) The division shall prescribe all license plate material specifications and establish
77     and implement procedures for conforming to the specifications.
78          (c) The specifications for the materials used such as the aluminum plate substrate, the
79     reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
80     qualify as suppliers.
81          (d) The granting of contracts for the materials shall be by public bid.
82          (4) (a) The commission may issue, adopt, and require the use of indicia of registration
83     it considers advisable in lieu of or in conjunction with license plates as provided in this part.
84          (b) All provisions of this part relative to license plates apply to these indicia of
85     registration, so far as the provisions are applicable.
86          (5) A violation of this section is an infraction.
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;
98          (v) recipient of a gold star award issued by the United States Secretary of Defense; or
99          (vi) recipient of a campaign or combat theater award determined by the Department of
100     Veterans' and Military Affairs;
101          (c) unique vehicle type special group license plates, as for historical, collectors value,
102     or other unique vehicle type, which plates are issued for:
103          (i) a special interest vehicle;
104          (ii) a vintage vehicle;
105          (iii) a farm truck; or
106          (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
107     defined in Section 59-13-102; or
108          (B) beginning on the effective date of rules made by the Department of Transportation
109     authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
110     powered by clean fuel that meets the standards established by the Department of Transportation
111     in rules authorized under Subsection 41-6a-702(5)(b);
112          (d) recognition special group license plates, which plates are issued for:
113          (i) a current member of the Legislature;
114          (ii) a current member of the United States Congress;
115          (iii) a current member of the National Guard;
116          (iv) a licensed amateur radio operator;
117          (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
118          (vi) an emergency medical technician;

119          (vii) a current member of a search and rescue team; or
120          (viii) a current honorary consulate designated by the United States Department of
121     State; or
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) until September 30,2017, programs that conduct or support prostate cancer
146     awareness, screening, detection, or prevention;
147          (xx) programs that support and promote adoptions;
148          (xxi) programs that create or support civil rights education and awareness;
149          (xxii) programs that support issues affecting women and children through an

150     organization affiliated with a national professional men's basketball organization;
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          (xxiv) programs that support children with heart disease;
155          (xxv) programs that support the operation and maintenance of the Utah Law
156     Enforcement Memorial;
157          (xxvi) programs that provide assistance to children with cancer; [or]
158          (xxvii) programs that promote leadership and career development through agricultural
159     education[.]; or
160          (xxviii) the Utah State Historical Society.
161          (2) (a) The division may not issue a new type of special group license plate or decal
162     unless the division receives:
163          (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
164     the production and administrative costs of providing the new special group license plates or
165     decals; or
166          (B) a legislative appropriation for the start-up fee provided under Subsection
167     (2)(a)(i)(A); and
168          (ii) beginning on January 1, 2012, and for the issuance of a support special group
169     license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
170     type of support special group license plate or decal to be issued with all fees required under this
171     part for the support special group license plate or decal issuance paid by each applicant.
172          (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
173     hold applications for support special group license plates or decals authorized in Section
174     41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.
175          (ii) Once a participating organization has received at least 500 applications, it shall
176     submit the applications, along with the necessary fees, to the division for the division to begin
177     working on the design and issuance of the new type of support special group license plate or
178     decal to be issued.
179          (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
180     of a new support special group license plate or decal authorized in Section 41-1a-422 until the

181     applications and fees required under this Subsection (2) have been received by the division.
182          (iv) The division shall begin issuance of a new support special group license plate or
183     decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
184     after receiving the applications and fees required under this Subsection (2).
185          (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
186     registration of a motor vehicle that has been issued a firefighter recognition special group
187     license plate unless the applicant is a contributor as defined in Subsection
188     41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
189          (ii) A registered owner of a vehicle that has been issued a firefighter recognition
190     special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
191     registration shall:
192          (A) be a contributor to the Firefighter Support Restricted Account as required under
193     Subsection (2)(c)(i); or
194          (B) replace the firefighter recognition special group license plate with a new license
195     plate.
196          (3) Beginning on July 1, 2011, if a support special group license plate or decal type
197     authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
198     license plates issued each year for a three consecutive year time period that begins on July 1,
199     the division may not issue that type of support special group license plate or decal to a new
200     applicant beginning on January 1 of the following calendar year after the three consecutive year
201     time period for which that type of support special group license plate or decal has fewer than
202     500 license plates issued each year.
203          (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
204     vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
205          (5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
206     support special group license plate.
207          (b) A registered owner of a vehicle that has been issued a prostate cancer support
208     special group license plate before October 1, 2017, may renew the owner's motor vehicle
209     registration, with the contribution allocated as described in Section 41-1a-422.
210          Section 4. Section 41-1a-419 is amended to read:
211          41-1a-419. Plate design -- Vintage vehicle certification and registration --

212     Personalized special group license plates -- Rulemaking.
213          (1) (a) The design and maximum number of numerals or characters on special group
214     license plates shall be determined by the division in accordance with the requirements under
215     Subsection (1)(b).
216          (b) [Each] (i) Except as provided in Subsection (1)(b)(ii), each special group license
217     plate shall display:
218          [(i)] (A) the word Utah;
219          [(ii)] (B) the name or identifying slogan of the special group;
220          [(iii)] (C) a symbol decal not exceeding two positions in size representing the special
221     group; and
222          [(iv)] (D) the combination of letters, numbers, or both uniquely identifying the
223     registered vehicle.
224          (ii) The division, in consultation with the Utah State Historical Society, shall design
225     the historical support special group license plate, which shall:
226          (A) have a black background;
227          (B) have white characters; and
228          (C) display the word Utah.
229          (2) (a) The division shall, after consultation with a representative designated by the
230     special group, specify the word or words comprising the special group name and the symbol
231     decal to be displayed upon the special group license plates.
232          (b) A special group license plate symbol decal may not be redesigned:
233          (i) unless the division receives a redesign fee established by the division under Section
234     63J-1-504; and
235          (ii) more frequently than every five years.
236          (c) (i) Except as provided in Subsection (2)(c)(ii), a special group license plate symbol
237     decal may not be reordered unless the division receives a symbol decal reorder fee established
238     by the division under Section 63J-1-504.
239          (ii) A recognition special group license plate symbol decal for a currently employed,
240     volunteer, or retired firefighter issued in accordance with Subsection 41-1a-418(1)(d)(v) that is
241     reordered on or after July 1, 2007, but on or before June 30, 2008, is exempt from the symbol
242     decal reorder fee authorized under Subsection (2)(c)(i).

243          (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
244     without renewal as long as the vehicle is owned by the registered owner and the license plates
245     may not be recalled by the division.
246          (4) A person who meets the criteria established under Sections 41-1a-418 through
247     41-1a-422 for issuance of special group license plates may make application in the same
248     manner provided in Sections 41-1a-410 and 41-1a-411 for personalized special group license
249     plates.
250          (5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
251     Administrative Rulemaking Act, to:
252          (a) establish qualifying criteria for persons to receive, renew, or surrender special group
253     license plates; and
254          (b) establish the maximum number of numerals or characters for special group license
255     plates.
256          Section 5. Section 41-1a-422 is amended to read:
257          41-1a-422. Support special group license plates -- Contributor -- Voluntary
258     contribution collection procedures.
259          (1) As used in this section:
260          (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
261     has donated or in whose name at least $25 has been donated to:
262          (A) a scholastic scholarship fund of a single named institution;
263          (B) the Department of Veterans' and Military Affairs for veterans' programs;
264          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
265     Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
266     access, and management of wildlife habitat;
267          (D) the Department of Agriculture and Food for the benefit of conservation districts;
268          (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
269          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
270     the donation evenly divided between the two;
271          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
272     council as specified by the contributor;
273          (H) No More Homeless Pets in Utah for distribution to organizations or individuals

274     that provide spay and neuter programs that subsidize the sterilization of domestic animals;
275          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
276     development programs;
277          (J) the Utah Association of Public School Foundations to support public education;
278          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
279     assist people who have severe housing needs;
280          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
281     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
282     Safety employees;
283          (M) the Division of Parks and Recreation for distribution to organizations that provide
284     support for Zion National Park;
285          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
286     firefighter organizations;
287          (O) the Share the Road Bicycle Support Restricted Account created in Section
288     72-2-127 to support bicycle operation and safety awareness programs;
289          (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
290     cancer research programs;
291          (Q) Autism Awareness Restricted Account created in Section 53A-1-304 to support
292     autism awareness programs;
293          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
294     created in Section 9-17-102 to support humanitarian service and educational and cultural
295     programs;
296          (S) Prostate Cancer Support Restricted Account created in Section 26-21a-303 for
297     programs that conduct or support prostate cancer awareness, screening, detection, or prevention
298     until September 30, 2017, and beginning on October 1, 2017, upon renewal of a prostate cancer
299     support special group license plate, to the Cancer Research Restricted Account created in
300     Section 26-21a-302 to support cancer research programs;
301          (T) the Choose Life Adoption Support Restricted Account created in Section
302     62A-4a-608 to support programs that promote adoption;
303          (U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
304     Section 9-18-102;

305          (V) the National Professional Men's Basketball Team Support of Women and Children
306     Issues Restricted Account created in Section 62A-1-202;
307          (W) the Utah Law Enforcement Memorial Support Restricted Account created in
308     Section 53-1-120;
309          (X) the Children with Cancer Support Restricted Account created in Section
310     26-21a-304 for programs that provide assistance to children with cancer;
311          (Y) the National Professional Men's Soccer Team Support of Building Communities
312     Restricted Account created in Section 9-19-102;
313          (Z) the Children with Heart Disease Support Restricted Account created in Section
314     26-58-102;
315          (AA) the Utah Intracurricular Student Organization Support for Agricultural Education
316     and Leadership Restricted Account created in Section 4-42-102; [or]
317          (BB) the Division of Wildlife Resources for the Support for State-Owned Shooting
318     Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
319     operation and maintenance of existing, state-owned firearm shooting ranges[.]; or
320          (CC) the Utah State Historical Society to further the mission and purpose of the Utah
321     State Historical Society.
322          (ii) (A) For a veterans' special group license plate, "contributor" means a person who
323     has donated or in whose name at least a $25 donation at the time of application and $10 annual
324     donation thereafter has been made.
325          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
326     person who:
327          (I) has donated or in whose name at least $30 has been donated at the time of
328     application and annually after the time of application; and
329          (II) is a member of a trade organization for real estate licensees that has more than
330     15,000 Utah members.
331          (C) For an Honoring Heroes special group license plate, "contributor" means a person
332     who has donated or in whose name at least $35 has been donated at the time of application and
333     annually thereafter.
334          (D) For a firefighter support special group license plate, "contributor" means a person
335     who:

336          (I) has donated or in whose name at least $15 has been donated at the time of
337     application and annually after the time of application; and
338          (II) is a currently employed, volunteer, or retired firefighter.
339          (E) For a cancer research special group license plate, "contributor" means a person who
340     has donated or in whose name at least $35 has been donated at the time of application and
341     annually after the time of application.
342          (F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
343     "contributor" means a person who has donated or in whose name at least $35 has been donated
344     at the time of application and annually thereafter.
345          (G) For a Utah Law Enforcement Memorial Support special group license plate,
346     "contributor" means a person who has donated or in whose name at least $35 has been donated
347     at the time of application and annually thereafter.
348          (b) "Institution" means a state institution of higher education as defined under Section
349     53B-3-102 or a private institution of higher education in the state accredited by a regional or
350     national accrediting agency recognized by the United States Department of Education.
351          (2) (a) An applicant for original or renewal collegiate special group license plates under
352     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
353     present the original contribution verification form under Subsection (2)(b) or make a
354     contribution to the division at the time of application under Subsection (3).
355          (b) An institution with a support special group license plate shall issue to a contributor
356     a verification form designed by the commission containing:
357          (i) the name of the contributor;
358          (ii) the institution to which a donation was made;
359          (iii) the date of the donation; and
360          (iv) an attestation that the donation was for a scholastic scholarship.
361          (c) The state auditor may audit each institution to verify that the money collected by the
362     institutions from contributors is used for scholastic scholarships.
363          (d) After an applicant has been issued collegiate license plates or renewal decals, the
364     commission shall charge the institution whose plate was issued, a fee determined in accordance
365     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
366     renewing the collegiate license plates.

367          (e) If the contribution is made at the time of application, the contribution shall be
368     collected, treated, and deposited as provided under Subsection (3).
369          (3) (a) An applicant for original or renewal support special group license plates under
370     this section must be a contributor to the sponsoring organization associated with the license
371     plate.
372          (b) This contribution shall be:
373          (i) unless collected by the named institution under Subsection (2), collected by the
374     division;
375          (ii) considered a voluntary contribution for the funding of the activities specified under
376     this section and not a motor vehicle registration fee;
377          (iii) deposited into the appropriate account less actual administrative costs associated
378     with issuing the license plates; and
379          (iv) for a firefighter special group license plate, deposited into the appropriate account
380     less:
381          (A) the costs of reordering firefighter special group license plate decals; and
382          (B) the costs of replacing recognition special group license plates with new license
383     plates under Subsection 41-1a-1211(13).
384          (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
385     registration or renewal of registration.
386          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
387     the division when issuing original:
388          (i) snowmobile license plates; or
389          (ii) conservation license plates.
390          (4) Veterans' license plates shall display one of the symbols representing the Army,
391     Navy, Air Force, Marines, Coast Guard, or American Legion.
392          Section 6. Effective date.
393          This bill takes effect on October 1, 2018.