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7 LONG TITLE
8 General Description:
9 This bill creates a support special group license plate.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates a support special group license plate to support the mission and purpose of
13 the Kiwanis International clubs within the state;
14 ▸ creates the Kiwanis Education Support Fund;
15 ▸ directs donations of license plate recipients to be distributed to the Education Fund;
16 and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 This bill appropriates in fiscal year 2022:
20 ▸ to the State Tax Commission - Kiwanis Education Support Fund, as a one-time
21 appropriation:
22 • from the General Fund, One-time, $7,500.
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 2020, Chapters 120, 322, and 405
28 41-1a-422, as last amended by Laws of Utah 2020, Chapters 120, 322, 354, and 405
29 ENACTS:
30 53F-9-403, 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;
66 (viii) a current honorary consulate designated by the United States Department of
67 State;
68 (ix) an individual supporting commemoration and recognition of women's suffrage;
69 (x) an individual supporting a fraternal, initiatic order for those sharing moral and
70 metaphysical ideals, and designed to teach ethical and philosophical matters of brotherly love,
71 relief, and truth;
72 (xi) an individual supporting the Utah Wing of the Civil Air Patrol; or
73 (xii) an individual supporting the recognition and continuation of the work and life of
74 Dr. Martin Luther King, Jr.; or
75 (e) support special group license plates, as for a contributor to an institution or cause,
76 which plates are issued for a contributor to:
77 (i) an institution's scholastic scholarship fund;
78 (ii) the Division of Wildlife Resources;
79 (iii) the Department of Veterans and Military Affairs;
80 (iv) the Division of Parks and Recreation;
81 (v) the Department of Agriculture and Food;
82 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
83 (vii) the Boy Scouts of America;
84 (viii) spay and neuter programs through No More Homeless Pets in Utah;
85 (ix) the Boys and Girls Clubs of America;
86 (x) Utah public education;
87 (xi) programs that provide support to organizations that create affordable housing for
88 those in severe need through the Division of Real Estate;
89 (xii) the Department of Public Safety;
90 (xiii) programs that support Zion National Park;
91 (xiv) beginning on July 1, 2009, programs that provide support to firefighter
92 organizations;
93 (xv) programs that promote bicycle operation and safety awareness;
94 (xvi) programs that conduct or support cancer research;
95 (xvii) programs that create or support autism awareness;
96 (xviii) programs that create or support humanitarian service and educational and
97 cultural exchanges;
98 (xix) until September 30, 2017, programs that conduct or support prostate cancer
99 awareness, screening, detection, or prevention;
100 (xx) programs that support and promote adoptions;
101 (xxi) programs that support issues affecting women and children through an
102 organization affiliated with a national professional men's basketball organization;
103 (xxii) programs that strengthen youth soccer, build communities, and promote
104 environmental sustainability through an organization affiliated with a professional men's soccer
105 organization;
106 (xxiii) programs that support children with heart disease;
107 (xxiv) programs that support the operation and maintenance of the Utah Law
108 Enforcement Memorial;
109 (xxv) programs that provide assistance to children with cancer;
110 (xxvi) programs that promote leadership and career development through agricultural
111 education;
112 (xxvii) the Utah State Historical Society;
113 (xxviii) programs to transport veterans to visit memorials honoring the service and
114 sacrifices of veterans;
115 (xxix) programs that promote motorcycle safety awareness;
116 (xxx) organizations that promote clean air through partnership, education, and
117 awareness; [
118 (xxxi) programs dedicated to strengthening the state's Latino community through
119 education, mentoring, and leadership opportunities[
120 (xxxii) public education on behalf of the Kiwanis International clubs.
121 (2) (a) The division may not issue a new type of special group license plate or decal
122 unless the division receives:
123 (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
124 the production and administrative costs of providing the new special group license plates or
125 decals; or
126 (B) a legislative appropriation for the start-up fee provided under Subsection
127 (2)(a)(i)(A); and
128 (ii) beginning on January 1, 2012, and for the issuance of a support special group
129 license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
130 type of support special group license plate or decal to be issued with all fees required under this
131 part for the support special group license plate or decal issuance paid by each applicant.
132 (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
133 hold applications for support special group license plates or decals authorized in Section
134 41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.
135 (ii) Once a participating organization has received at least 500 applications, it shall
136 submit the applications, along with the necessary fees, to the division for the division to begin
137 working on the design and issuance of the new type of support special group license plate or
138 decal to be issued.
139 (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
140 of a new support special group license plate or decal authorized in Section 41-1a-422 until the
141 applications and fees required under this Subsection (2) have been received by the division.
142 (iv) The division shall begin issuance of a new support special group license plate or
143 decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
144 after receiving the applications and fees required under this Subsection (2).
145 (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
146 registration of a motor vehicle that has been issued a firefighter recognition special group
147 license plate unless the applicant is a contributor as defined in Subsection
148 41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
149 (ii) A registered owner of a vehicle that has been issued a firefighter recognition
150 special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
151 registration shall:
152 (A) be a contributor to the Firefighter Support Restricted Account as required under
153 Subsection (2)(c)(i); or
154 (B) replace the firefighter recognition special group license plate with a new license
155 plate.
156 (3) Beginning on July 1, 2011, if a support special group license plate or decal type
157 authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
158 license plates issued each year for a three consecutive year time period that begins on July 1,
159 the division may not issue that type of support special group license plate or decal to a new
160 applicant beginning on January 1 of the following calendar year after the three consecutive year
161 time period for which that type of support special group license plate or decal has fewer than
162 500 license plates issued each year.
163 (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
164 vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
165 (5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
166 support special group license plate.
167 (b) A registered owner of a vehicle that has been issued a prostate cancer support
168 special group license plate before October 1, 2017, may renew the owner's motor vehicle
169 registration, with the contribution allocated as described in Section 41-1a-422.
170 Section 2. Section 41-1a-422 is amended to read:
171 41-1a-422. Support special group license plates -- Contributor -- Voluntary
172 contribution collection procedures.
173 (1) As used in this section:
174 (a) (i) [
175 person who has donated or in whose name at least $25 has been donated to:
176 (A) a scholastic scholarship fund of a single named institution;
177 (B) the Department of Veterans and Military Affairs for veterans programs;
178 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
179 Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
180 access, and management of wildlife habitat;
181 (D) the Department of Agriculture and Food for the benefit of conservation districts;
182 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
183 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
184 the donation evenly divided between the two;
185 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
186 council as specified by the contributor;
187 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
188 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
189 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
190 development programs;
191 (J) the Utah Association of Public School Foundations to support public education;
192 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
193 assist people who have severe housing needs;
194 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
195 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
196 Safety employees;
197 (M) the Division of Parks and Recreation for distribution to organizations that provide
198 support for Zion National Park;
199 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
200 firefighter organizations;
201 (O) the Share the Road Bicycle Support Restricted Account created in Section
202 72-2-127 to support bicycle operation and safety awareness programs;
203 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
204 cancer research programs;
205 (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
206 autism awareness programs;
207 (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
208 created in Section 9-17-102 to support humanitarian service and educational and cultural
209 programs;
210 (S) Upon renewal of a prostate cancer support special group license plate, to the Cancer
211 Research Restricted Account created in Section 26-21a-302 to support cancer research
212 programs;
213 (T) the Choose Life Adoption Support Restricted Account created in Section
214 62A-4a-608 to support programs that promote adoption;
215 (U) the National Professional Men's Basketball Team Support of Women and Children
216 Issues Restricted Account created in Section 62A-1-202;
217 (V) the Utah Law Enforcement Memorial Support Restricted Account created in
218 Section 53-1-120;
219 (W) the Children with Cancer Support Restricted Account created in Section
220 26-21a-304 for programs that provide assistance to children with cancer;
221 (X) the National Professional Men's Soccer Team Support of Building Communities
222 Restricted Account created in Section 9-19-102;
223 (Y) the Children with Heart Disease Support Restricted Account created in Section
224 26-58-102;
225 (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
226 and Leadership Restricted Account created in Section 4-42-102;
227 (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
228 Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
229 operation and maintenance of existing, state-owned firearm shooting ranges;
230 (BB) the Utah State Historical Society to further the mission and purpose of the Utah
231 State Historical Society;
232 (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
233 72-2-130; [
234 (DD) the Transportation of Veterans to Memorials Support Restricted Account created
235 in Section 71-14-102;
236 (EE) clean air support causes, with half of the donation deposited into the Clean Air
237 Support Restricted Account created in Section 19-1-109, and half of the donation deposited
238 into the Clean Air Fund created in Section 59-10-1319; [
239 (FF) the Latino Community Support Restricted Account created in Section 13-1-16[
240 or
241 (GG) public education on behalf of the Kiwanis International clubs, with the amount of
242 the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
243 special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
244 Education Support Fund created in Section 53F-9-403, and all remaining donation amounts
245 deposited into the Education Fund.
246 (ii) (A) For a veterans special group license plate described in Subsection
247 41-1a-421(1)(a)(v) or 41-1a-422(4), "contributor" means a person who has donated or in whose
248 name at least a $25 donation at the time of application and $10 annual donation thereafter has
249 been made.
250 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
251 person who:
252 (I) has donated or in whose name at least $30 has been donated at the time of
253 application and annually after the time of application; and
254 (II) is a member of a trade organization for real estate licensees that has more than
255 15,000 Utah members.
256 (C) For an Honoring Heroes special group license plate, "contributor" means a person
257 who has donated or in whose name at least $35 has been donated at the time of application and
258 annually thereafter.
259 (D) For a firefighter support special group license plate, "contributor" means a person
260 who:
261 (I) has donated or in whose name at least $15 has been donated at the time of
262 application and annually after the time of application; and
263 (II) is a currently employed, volunteer, or retired firefighter.
264 (E) For a cancer research special group license plate, "contributor" means a person who
265 has donated or in whose name at least $35 has been donated at the time of application and
266 annually after the time of application.
267 (F) For a Utah Law Enforcement Memorial Support special group license plate,
268 "contributor" means a person who has donated or in whose name at least $35 has been donated
269 at the time of application and annually thereafter.
270 (b) "Institution" means a state institution of higher education as defined under Section
271 53B-3-102 or a private institution of higher education in the state accredited by a regional or
272 national accrediting agency recognized by the United States Department of Education.
273 (2) (a) An applicant for original or renewal collegiate special group license plates under
274 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
275 present the original contribution verification form under Subsection (2)(b) or make a
276 contribution to the division at the time of application under Subsection (3).
277 (b) An institution with a support special group license plate shall issue to a contributor
278 a verification form designed by the commission containing:
279 (i) the name of the contributor;
280 (ii) the institution to which a donation was made;
281 (iii) the date of the donation; and
282 (iv) an attestation that the donation was for a scholastic scholarship.
283 (c) The state auditor may audit each institution to verify that the money collected by the
284 institutions from contributors is used for scholastic scholarships.
285 (d) After an applicant has been issued collegiate license plates or renewal decals, the
286 commission shall charge the institution whose plate was issued, a fee determined in accordance
287 with Section 63J-1-504 for management and administrative expenses incurred in issuing and
288 renewing the collegiate license plates.
289 (e) If the contribution is made at the time of application, the contribution shall be
290 collected, treated, and deposited as provided under Subsection (3).
291 (3) (a) An applicant for original or renewal support special group license plates under
292 this section must be a contributor to the sponsoring organization associated with the license
293 plate.
294 (b) This contribution shall be:
295 (i) unless collected by the named institution under Subsection (2), collected by the
296 division;
297 (ii) considered a voluntary contribution for the funding of the activities specified under
298 this section and not a motor vehicle registration fee;
299 (iii) deposited into the appropriate account less actual administrative costs associated
300 with issuing the license plates; and
301 (iv) for a firefighter special group license plate, deposited into the appropriate account
302 less:
303 (A) the costs of reordering firefighter special group license plate decals; and
304 (B) the costs of replacing recognition special group license plates with new license
305 plates under Subsection 41-1a-1211(13).
306 (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
307 registration or renewal of registration.
308 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
309 the division when issuing original:
310 (i) snowmobile license plates; or
311 (ii) conservation license plates.
312 (4) Veterans license plates shall display one of the symbols representing the Army,
313 Navy, Air Force, Marines, Coast Guard, or American Legion.
314 Section 3. Section 53F-9-403 is enacted to read:
315 53F-9-403. Kiwanis Education Support Fund.
316 (1) There is created an expendable special revenue fund known as the "Kiwanis
317 Education Support Fund."
318 (2) The fund consists of:
319 (a) contributions deposited into the fund in accordance with Section 41-1a-422;
320 (b) private contributions;
321 (c) donations or grants from public or private entities; and
322 (d) money appropriated to the fund by the Legislature.
323 (3) Subject to Subsection 41-1a-418(2), the State Tax Commission:
324 (a) shall expend money in the fund to pay the initial costs of ordering and issuing
325 Kiwanis special group license plates; and
326 (b) as needed, may expend money in the fund to pay the costs of reordering Kiwanis
327 special group license plates and decals.
328 (4) On an annual basis, the State Tax Commission shall:
329 (a) evaluate the fund's ability to cover the costs described in Subsection (3); and
330 (b) based on the evaluation described in Subsection (4)(a), adjust the allocation of
331 contributions described in Subsection (2)(a) deposited into the fund.
332 Section 4. Appropriation.
333 The following sums of money are appropriated for the fiscal year beginning July 1,
334 2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
335 fiscal year 2022. The Legislature has reviewed the following expendable funds. The Legislature
336 authorizes the State Division of Finance to transfer the amounts between funds and accounts as
337 indicated. Outlays and expenditures from the funds or accounts to which the money is
338 transferred may be made without further legislative action, in accordance with statutory
339 provisions relating to the funds or accounts.
340 ITEM 1
341 To State Tax Commission-- Kiwanis Education Support Fund
342 From General Fund, One-time
$7,500
343 Schedule of Programs:
344 Kiwanis Education Support Fund $7,500
345 Section 5. Effective date.
346 This bill takes effect on November 1, 2021.