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H.B. 20
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SPECIAL LICENSE PLATES FOR
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EMERGENCY MEDICAL TECHNICIANS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: DeMar Bud Bowman
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AN ACT RELATING TO MOTOR VEHICLES; AUTHORIZING EMERGENCY MEDICAL
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TECHNICIAN SPECIAL GROUP LICENSE PLATES; AND PROVIDING AN EFFECTIVE
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DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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41-1a-408, as last amended by Chapters 32, 211 and 214, Laws of Utah 1999
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41-1a-1211, as last amended by Chapters 157, 184 and 352, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-1a-408
is amended to read:
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41-1a-408. Special group plates -- Design -- Application -- Issuance.
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(1) As used in this section:
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(a) "Children's issues license plates" means the special group license plates issued under
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this section to a contributor to the Guardian Ad Litem Services Account and the Children's
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Museum of Utah.
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(b) "Collegiate license plates" means the special group license plates issued under this
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section to a contributor to an institution after payment of the appropriate fees.
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(c) (i) "Contributor" means a person who has donated or in whose name at least $25 has
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been donated to:
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(A) a scholastic scholarship fund of a single institution;
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(B) the Office of Veterans' Affairs in the Department of Community and Economic
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Development for veterans' programs;
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(C) the Division of Wildlife Resources for conservation of wildlife and the enhancement,
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preservation, protection, access, and management of wildlife habitat;
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(D) the Department of Agriculture and Food for the benefit of soil conservation districts;
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(E) the Division of Parks and Recreation for the benefit of snowmobile programs; or
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(F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
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the donation evenly divided between the two.
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(ii) Except as provided under Subsection (13), the donation must be made in the 12 months
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prior to registration or renewal of registration.
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(d) "Institution" means a state institution of higher education or a private institution of
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higher education in the state accredited by a regional or national accrediting agency recognized by
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the United States Department of Education.
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(e) "Snowmobile license plates" means the special group license plates issued under this
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section to a contributor to the Division of Parks and Recreation after payment of the appropriate
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fees.
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(f) "Soil conservation license plates" means the special group license plates issued under
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this section to a contributor to the Department of Agriculture and Food after payment of the
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appropriate fees.
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(g) "State institution of higher education" has the same meaning as provided in Section
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53B-3-102
.
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(h) "Veterans' license plates" means the special group license plates issued under this
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section to a contributor to the Office of Veterans' Affairs after payment of the appropriate fees.
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(i) "Wildlife license plates" means the special group license plates issued under this section
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to a contributor to the Division of Wildlife Resources after payment of the appropriate fees.
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(2) (a) The design and maximum number of numerals or characters on special group
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license plates shall be determined by the division in accordance with the criteria in Subsection
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(2)(b).
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(b) Except for Olympic special group license plates, each special group license plate shall
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display:
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(i) the word Utah;
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(ii) the name or identifying slogan of the special group;
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(iii) a symbol not exceeding two positions in size representing the special group; and
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(iv) the combination of letters, numbers, or both uniquely identifying the registered
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vehicle.
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(3) (a) The division shall, after consultation with a representative designated by the special
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group, specify the word or words comprising the special group name and the symbol to be
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displayed upon the special group license plates.
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(b) Collegiate, veterans', children's issues, snowmobile, soil conservation, and wildlife
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license plates may not be redesigned under this section more frequently than every five years.
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(c) Veterans' license plates shall display one of the symbols representing the Army, Navy,
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Air Force, Marines, or Coast Guard.
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(4) Subject to Subsections (10) and (12), the division shall only issue special group license
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plates to a person who is:
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(a) a current member of the Legislature;
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(b) a current member of the United States Congress;
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(c) a survivor of the Japanese attack on Pearl Harbor;
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(d) a former prisoner of war;
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(e) a recipient of a Purple Heart, as provided in Section
41-1a-409
;
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(f) a current member of the National Guard;
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(g) a person with a disability or the registered owner of a vehicle that an organization uses
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primarily for the transportation of persons with disabilities that limit or impair the ability to walk;
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(h) a contributor to an institution's scholastic scholarship fund;
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(i) a contributor to the Division of Wildlife Resources;
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(j) a contributor to the Office of Veterans' Affairs;
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(k) licensing a special interest vehicle;
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(l) licensing a vintage vehicle;
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(m) a licensed amateur radio operator;
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(n) registering a farm truck;
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(o) a currently employed, volunteer, or retired firefighter;
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(p) a contributor to the Division of Parks and Recreation;
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(q) a contributor to the Department of Agriculture and Food; [or]
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(r) a contributor to the Guardian Ad Litem Services Account and the Children's Museum
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of Utah[.]; or
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(s) an emergency medical technician.
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(5) (a) A vehicle displaying a survivor of the Japanese attack on Pearl Harbor license plate
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decal, a former prisoner of war license plate decal, or a Purple Heart license plate decal shall be
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titled in the name of the veteran or the veteran and spouse.
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(b) Upon the death of the veteran, the surviving spouse may, upon application to the
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division, retain the special group license plate decal so long as the surviving spouse remains
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unmarried.
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(c) The division shall require the surviving spouse to make a sworn statement that the
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surviving spouse is unmarried before renewing the registration under this section.
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(6) (a) (i) In accordance with rules made under Subsection (12), the division shall issue
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a person with a disability special group license plate, temporary removable windshield placard, or
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a removable windshield placard to:
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(A) a qualifying person with a disability; or
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(B) an organization that uses a vehicle registered in the applicant's name primarily for the
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transportation of persons with disabilities that limit or impair the ability to walk.
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(ii) The division shall issue a person with a disability special group license plate or a
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removable windshield placard to a person with a permanent disability.
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(iii) The issuance of a person with a disability special group license plate does not preclude
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the issuance to the same applicant of a removable windshield placard.
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(iv) The division shall issue on request one additional placard to a person with a person
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with a disability special group license plate, temporary removable windshield placard, or a
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removable windshield placard.
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(b) The temporary removable windshield placard or removable windshield placard shall
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be hung from the front windshield rearview mirror when the vehicle is parked in a parking space
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reserved for persons with disabilities so that it is visible from the front and rear of the vehicle.
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(7) (a) An applicant for original or renewal collegiate license plates must be a contributor
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to the institution named in the application and present the original contribution verification form
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or make a contribution to the division at the time of application.
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(b) An institution with a special group license plate shall issue to a contributor a
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verification form designed by the commission containing:
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(i) the name of the contributor;
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(ii) the institution to which a donation was made;
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(iii) the date of the donation; and
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(iv) an attestation that the donation was for a scholastic scholarship.
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(c) The state auditor may audit each institution to verify that the moneys collected by the
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institutions from contributors are used for scholastic scholarships.
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(d) After an applicant has been issued collegiate license plates or renewal decals, the
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commission shall charge the institution whose plate was issued, a fee determined in accordance
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with Section
63-38-3.2
for management and administrative expenses incurred in issuing and
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renewing the collegiate license plates.
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(e) If the contribution is made at the time of application, the contribution shall be:
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(i) collected by the division [beginning on March 1, 2000];
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(ii) treated as a voluntary contribution for the named institution's scholastic scholarship
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fund and not as a motor vehicle registration fee; and
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(iii) deposited with the named institution, less actual production and administrative costs
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associated with making and issuing collegiate license plates.
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(8) (a) An applicant for original or renewal wildlife license plates must be a contributor
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to the Division of Wildlife Resources.
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(b) This contribution shall be:
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(i) collected by the division;
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(ii) treated as a voluntary contribution for the funding of wildlife activities and not as a
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motor vehicle registration fee; and
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(iii) deposited into the Wildlife Resources Account created in Section
23-14-13
, less actual
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production and administrative costs associated with making and issuing wildlife license plates.
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(9) The division shall issue Olympic special group license plates.
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(10) (a) An organization that makes a significant contribution to the state may request the
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commission to authorize special group license plates for the organization if the organization
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collects a minimum of 500 applications with the fees required under Section
41-1a-1211
.
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(b) If the commission approves the request, the division shall design a license plate in
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accordance with Subsections (2) and (3).
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(c) If the commission rejects the request, the organization shall refund all fees to the
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applicants.
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(11) Any person who meets the criteria established under this part for issuance of special
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group license plates may make application in the same manner provided in Sections
41-1a-410
and
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41-1a-411
for personalized special group license plates.
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(12) (a) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, to:
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(i) establish qualifying criteria for persons to receive, renew, or surrender special group
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license plates, a temporary removable windshield placard, or a removable windshield placard;
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(ii) establish the maximum number of numerals or characters for special group license
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plates; and
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(iii) require all temporary removable windshield placards and removable windshield
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placards to include:
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(A) an identification number;
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(B) an expiration date not to exceed six months for a temporary removable windshield
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placard and two years for a removable windshield placard; and
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(C) the seal or other identifying mark of the division.
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(b) The qualifying criteria under Subsection (12)(a) for a person with a disability special
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group license plate, temporary removable windshield placard, or removable windshield placard
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shall include a requirement that an initial application of a person with a disability be accompanied
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by the certification of a licensed physician:
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(i) that the applicant meets the definition of a person with a disability that limits or impairs
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the ability to walk as defined in the federal Uniform System for Handicapped Parking, 58 Fed.
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Reg. 10, 328 (1991); and
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(ii) containing the period of time that the physician determines the applicant will have the
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disability, not to exceed six months in the case of a temporary disability.
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(13) (a) The division may issue original veterans' license plates.
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(b) An applicant for original veterans' license plates must be at least a one-time contributor
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to the Office of Veterans' Affairs.
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(c) This contribution shall be:
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(i) collected by the division;
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(ii) treated as a voluntary contribution for the Office of Veterans' Affairs and not as a
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motor vehicle registration fee; and
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(iii) transferred to the Office of Veterans' Affairs at least monthly, less actual production
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and administrative costs associated with making and issuing veterans' license plates.
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(14) (a) [Beginning January 1, 1999, the] The division may issue original snowmobile
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license plates if the Division of Parks and Recreation provides a one-time contribution of at least
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$9,000 to the division from restricted revenue in the Off-Highway Vehicle Account in the General
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Fund to cover startup materials and programming costs.
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(b) An applicant for original snowmobile license plates must be a contributor to the
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Division of Parks and Recreation.
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(c) This contribution shall be:
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(i) collected by the division;
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(ii) treated as a voluntary contribution for the Division of Parks and Recreation for the
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benefit of snowmobile programs and not as a motor vehicle registration fee; and
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(iii) transferred to the Division of Parks and Recreation at least monthly, less actual
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production and administrative costs associated with making and issuing snowmobile license plates.
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(15) (a) (i) [Beginning January 1, 1999, the] The division may issue original soil
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conservation license plates if soil conservation districts provide a one-time contribution of at least
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$9,000 to the division to cover startup materials and programming costs.
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(ii) The contribution described in Subsection (15)(a)(i) may be from private funds
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available to soil conservation districts.
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(b) An applicant for original soil conservation license plates must be a contributor to the
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Department of Agriculture and Food.
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(c) This contribution shall be:
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(i) collected by the division;
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(ii) treated as a voluntary contribution for the Department of Agriculture and Food for the
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benefit of soil conservation districts and not as a motor vehicle registration fee; and
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(iii) transferred to the Department of Agriculture and Food at least monthly, less actual
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production and administrative costs associated with making and issuing soil conservation license
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plates.
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(16) (a) (i) [Beginning January 1, 1999, the] The division may issue original children's
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issues license plates if the Office of the Guardian Ad Litem Director and the Children's Museum
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of Utah each provide a one-time contribution of at least $4,500 to the division to cover startup
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materials and programming costs.
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(ii) The contribution described in Subsection (16)(a)(i) from the Office of the Guardian
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Ad Litem Director shall be from private funds not normally available to the Office of the Guardian
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Ad Litem Director.
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(b) An applicant for original or renewal children's issues license plates must be a
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contributor to the Guardian Ad Litem Services Account and the Children's Museum of Utah.
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(c) This contribution shall be:
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(i) collected by the division;
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(ii) treated as a voluntary contribution for the Guardian Ad Litem Services Account and
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the Children's Museum of Utah and not as a motor vehicle registration fee; and
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(iii) transferred to the Guardian Ad Litem Services Account and the Children's Museum
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of Utah at least monthly, less actual production and administrative costs associated with making
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and issuing children's issues license plates.
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(17) A current member of the Legislature may select the Olympic license plate as the
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legislator's special group license plate. The legislator shall pay the special fees for the Olympic
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license plate, as provided in Section
41-1a-417
and Subsection
41-1a-1211
(12).
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Section 2.
Section
41-1a-1211
is amended to read:
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41-1a-1211. License plate fees -- Application fees for issuance and renewal of
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personalized and special group license plates -- Replacement fee for license plates -- Postage
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fees.
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(1) A license plate fee of $5 per set shall be paid to the division for the issuance of any new
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license plate under Part 4, License Plates and Registration Indicia, except for license plates issued
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under Sections
41-1a-407
and
41-1a-417
. The license plate fee shall be deposited as follows:
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(a) $4 as provided in Section
41-1a-1201
; and
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(b) $1 in the Transportation Fund.
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(2) An applicant for original issuance of personalized license plates issued under Section
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41-1a-410
shall pay a $50 per set license plate application fee in addition to the fee required in
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Subsection (1).
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(3) (a) Except as provided in Subsections (3)(b) and (3)(c), applicants for original issuance
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of special group license plates issued under Section
41-1a-408
shall pay a $50 per set license plate
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application fee in addition to the fee required under Subsection (1).
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(b) A person who qualifies for a licensed amateur radio operator special group license plate
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shall pay a $5 fee for the original set of license plates in addition to the fee required under
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Subsection (1).
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(c) A person who qualifies for legislative, United States Congressional, person with a
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disability, collegiate, veterans', wildlife, National Guard, Purple Heart, Prisoner of War, Survivor
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of the Japanese Attack on Pearl Harbor, firefighter, children's issues, snowmobile, soil
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conservation, [or] farm vehicle, or emergency medical technician special group license plates is
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exempt from payment of special group license plate application fees imposed under this
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Subsection (3)[(c)].
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(4) An applicant for original issuance of personalized special group license plates shall pay
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the license plate application fees required in Subsection (2) in addition to the license plate fees and
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license plate application fees established under Subsections (1) and (3).
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(5) The following application fees for renewal of personalized and special group license
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plates shall be paid to the division at the time of renewal of registration:
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(a) an applicant for renewal of personalized license plates issued under Section
41-1a-410
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shall pay a $10 per set application fee;
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(b) except as provided in Subsection (5)(c), an applicant for renewal of special group
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license plates issued under Section
41-1a-408
shall pay a $10 per set application fee; and
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(c) an applicant for renewal of legislative, United States Congressional, person with a
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disability, collegiate, wildlife, National Guard, Purple Heart, Prisoner of War, Survivor of the
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Japanese Attack on Pearl Harbor, farm vehicle, vintage vehicle, firefighter, children's issues,
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snowmobile, soil conservation, emergency medical technician, or licensed amateur radio operator
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special group license plates is exempt from payment of application fees imposed under h [
this
] h
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Subsection (5) h
(b)
h .
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(6) An applicant for renewal of personalized special group license plates shall pay the
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application fee required in Subsection (5)(a) in addition to the applicable application fees for
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renewal of license plates established under Subsections (5)(b) and (5)(c).
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(7) A fee of $5 shall be paid to the division for the replacement of any license plate issued
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under Part 4, License Plates and Registration Indicia. The license plate fee shall be deposited as
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follows:
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(a) $4 as provided in Section
41-1a-1201
; and
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(b) $1 in the Transportation Fund.
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(8) The division may charge a fee established under Section
63-38-3.2
to recover its costs
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for the replacement of decals issued under Section
41-1a-408
.
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(9) The division may charge a fee established under Section
63-38-3.2
to recover the cost
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of issuing stickers under Section
41-1a-416
.
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(10) In addition to any other fees required by this section, the division shall assess a fee
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established under Section
63-38-3.2
to cover postage expenses if new or replacement license plates
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are mailed to the applicant.
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(11) The fees required under this section are separate from and in addition to registration
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fees required under Section
41-1a-1206
.
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(12) For vehicles with registration years expiring on or before June 30, 2002, applicants
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for original Olympic special group license plates or renewal of registration with Olympic special
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group license plates shall pay the fees required under Section
41-1a-417
.
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Section 3. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 12-7-99 12:28 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.