41-1a-1604. New sponsored special group license plates — Eligibility criteria.
(1)
If a sponsoring organization satisfies the requirements of this part, the division shall approve an application for a new type of sponsored special group license plate and issue the sponsored special group license plate in accordance with this part.
Terms Used In Utah Code 41-1a-1604
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Applicant: means a registered owner who submits an application to obtain or renew a sponsored special group license plate in accordance with this part. See Utah Code 41-1a-1601
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Charitable purpose: means :
(i)
relief of the poor, the distressed, or the underprivileged;
(ii)
advancement of religion;
(iii)
advancement of education or science;
(iv)
erecting or maintaining a public building, monument, or work;
(v)
reducing the burdens of government;
(vi)
reducing neighborhood tensions;
(vii)
eliminating prejudice and discrimination;
(viii)
defending human rights and civil rights secured by law; or
(ix)
combating community deterioration and juvenile delinquency. See Utah Code 41-1a-1601
Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
Private nonprofit organization: means a private nonprofit organization that:
(i)
qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
Private nonprofit special group license plate: means a sponsored special group license plate issued to a contributor to a private nonprofit organization. See Utah Code 41-1a-1601
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Required contribution: means :
(a)
the minimum annual contribution amount established under Subsection 41-1a-1603(4)(a)(iii); or
(b)
if the sponsoring organization establishes a minimum annual contribution amount in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the sponsoring organization establishes. See Utah Code 41-1a-1601
Special group license plate: means :
(a)
a collegiate special group license plate;
(b)
a private nonprofit special group license plate;
(c)
a sponsored special group license plate;
(d)
a state agency recognition special group license plate; or
Sponsoring organization: means an institution, a private nonprofit organization, or a state agency that is or seeks to be associated with a sponsored special group license plate created under this part. See Utah Code 41-1a-1601
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State agency recognition special group license plate: means a sponsored special group license plate issued to an applicant who:
(a)
has a special license that supports or furthers a government purpose;
(b)
has received an honor that supports or furthers a government purpose;
(c)
has achieved an accomplishment that supports or furthers a government purpose; or
Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
(2)
Subject to the other provisions of this part, a sponsoring organization requesting a new type of sponsored special group license plate shall submit to the division, in a form and manner the division prescribes:
(a)
a complete application requesting the new type of sponsored special group license plate that includes:
(i)
information about the sponsoring organization the division needs to process the request;
(ii)
contact information for an individual representing the sponsoring organization;
(iii)
if the sponsoring organization establishes a required contribution amount under Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount of the required contribution;
(iv)
account information to allow the division to disburse funds from required contributions the division collects through the sponsored special group license plate program to the sponsoring organization;
(v)
a link to a functional website described in Subsection (7); and
(vi)
if the sponsoring organization requires an applicant to submit a verification form described in Subsection (8)(b)(i), a statement indicating that a verification form is required;
(b)
at least 500 complete preorder applications for the new type of sponsored special group license plate, including verification that each preorder application included the required contribution;
(c)
the fee for the cost of designing and administering the new type of sponsored special group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
(d)
if the new type of sponsored special group license plate is a private nonprofit special group license plate:
(i)
a copy of the Internal Revenue Service letter approving the sponsoring organization’s Section 501(c)(3) status;
(ii)
an affidavit signed under penalty of perjury declaring that the sponsoring organization has a charitable purpose; and
(iii)
an indication of the private nonprofit organization‘s charitable purpose.
(3)
If an application under Subsection (2) is for a special group license plate that was discontinued in accordance with this part, each registered vehicle with the discontinued special group license plate is considered a complete preorder application for the purposes of Subsection (2)(b).
(4)
The division:
(a)
may share data collected under Subsection (2)(d)(iii) with the Legislature and the state auditor;
(b)
may not use the information in Subsection (2)(d)(iii) in deciding whether to approve the sponsoring organization’s application; and
(c)
is not required to evaluate the accuracy or veracity of information the private nonprofit organization provides under Subsection (2)(d).
(5)
Except as otherwise provided in this part, the division may not begin design work on or issue a new type of sponsored special group license plate unless the sponsoring organization satisfies the requirements of Subsection (2).
(6)
A sponsoring organization that is a state agency may request a state agency recognition special group license plate without meeting the minimum preorder requirements of Subsection (2)(b) if:
(a)
the governor certifies that there is a legitimate government operations purpose for issuing the state agency recognition special group license plate; and
(b)
through appropriation or any other source, funds are available to cover the start-up and administrative costs of the state agency recognition special group license plate.
(7)
A sponsoring organization of a sponsored special group license plate issued in accordance with this part shall maintain a functional website that:
(a)
explains how the sponsoring organization will use the required contributions in accordance with this part;
(b)
if applicable, makes available the sponsoring organization’s most recent Internal Revenue Service Form 990; and
(c)
provides instructions for how to obtain a verification form if the sponsoring organization elects to require verification in accordance with Subsection (8).
(8)
(a)
A sponsoring organization may establish eligibility requirements for the sponsoring organization’s sponsored special group license plate.
(b)
If a sponsoring organization establishes eligibility requirements under this subsection, the sponsoring organization shall:
(i)
inform the division that a verification form is required as part of an application for the sponsoring organization’s sponsored special group license plate;
(ii)
establish a process for providing a verification form to an applicant; and
(iii)
provide a verification form prescribed by the division to an applicant who satisfies the sponsoring organization’s eligibility requirements.
(9)
The division shall begin issuing the new type of sponsored special group license plate no later than six months after the day on which the division receives the items described in Subsection (2).
(10)
The division may:
(a)
consider a request for a sponsored special group license plate for two or more military branches as a request for a single type of sponsored special group license plate for the purposes of meeting the eligibility criteria described in this section; and
(b)
charge an appropriate fee for ordering multiple symbol decals for each military branch.
