Effective 7/1/2023 (Superseded 11/1/2023)

Superseded 11/1/2023
41-1a-422.  Support special group license plates — Contributor — Voluntary contribution collection procedures.

(1)  As used in this section:

Terms Used In Utah Code 41-1a-422 v2

  • Commission: means the State Tax Commission. See Utah Code 41-1a-102
  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • Highway: includes :Utah Code 68-3-12.5
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
  • Person: means :Utah Code 68-3-12.5
  • Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
  • Road: includes :Utah Code 68-3-12.5
  • Special group license plate: means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418. See Utah Code 41-1a-102
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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
(a) 

(i)  except as provided in Subsection (1)(a)(ii), “contributor” means a person who has donated or in whose name at least $25 has been donated to:

(A)  a scholastic scholarship fund of a single named institution;

(B)  the Department of Veterans and Military Affairs for veterans programs;

(C)  the Division of Wildlife Resources for the Wildlife Resources Account created in Section 23A-3-201, for conservation of wildlife and the enhancement, preservation, protection, access, and management of wildlife habitat;

(D)  the Department of Agriculture and Food for the benefit of conservation districts;

(E)  the Division of Outdoor Recreation for the benefit of snowmobile programs;

(F)  the Guardian Ad Litem Services Account and the Children’s Museum of Utah, with the donation evenly divided between the two;

(G)  the Boy Scouts of America for the benefit of a Utah Boy Scouts of America council as specified by the contributor;

(H)  No More Homeless Pets in Utah for distribution to organizations or individuals that provide spay and neuter programs that subsidize the sterilization of domestic animals;

(I)  the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth development programs;

(J)  the Utah Association of Public School Foundations to support public education;

(K)  the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to assist people who have severe housing needs;

(L)  the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118 to support the families of fallen Utah Highway Patrol troopers and other Department of Public Safety employees;

(M)  the Division of Outdoor Recreation for distribution to organizations that provide support for Zion National Park;

(N)  the Firefighter Support Restricted Account created in Section 53-7-109 to support firefighter organizations;

(O)  the Share the Road Bicycle Support Restricted Account created in Section 72-2-127 to support bicycle operation and safety awareness programs;

(P)  the Cancer Research Restricted Account created in Section 26B-1-313 to support cancer research programs;

(Q)  Autism Awareness Restricted Account created in Section 53F-9-401 to support autism awareness programs;

(R)  Humanitarian Service and Educational and Cultural Exchange Restricted Account created in Section 9-17-102 to support humanitarian service and educational and cultural programs;

(S)  upon renewal of a prostate cancer support special group license plate, to the Cancer Research Restricted Account created in Section 26B-1-313 to support cancer research programs;

(T)  the National Professional Men’s Basketball Team Support of Women and Children Issues Restricted Account created in Section 26B-1-302;

(U)  the Utah Law Enforcement Memorial Support Restricted Account created in Section 53-1-120;

(V)  the National Professional Men’s Soccer Team Support of Building Communities Restricted Account created in Section 9-19-102;

(W)  the Division of Wildlife Resources for the Support for State-Owned Shooting Ranges Restricted Account created in Section 23A-3-203, for the creation of new, and operation and maintenance of existing, state-owned firearm shooting ranges;

(X)  the Utah State Historical Society to further the mission and purpose of the Utah State Historical Society;

(Y)  clean air support causes, with half of the donation deposited into the Clean Air Support Restricted Account created in Section 19-1-109, and half of the donation deposited into the Clean Air Fund created in Section 59-10-1319;

(Z)  the Latino Community Support Restricted Account created in Section 13-1-16;

(AA)  the Allyson Gamble Organ Donation Contribution Fund created in Section 26B-1-312;

(BB)  public education on behalf of the Kiwanis International clubs, with the amount of the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support special group plates, as determined by the State Tax Commission, deposited into the Kiwanis Education Support Fund created in Section 53F-9-403, and all remaining donation amounts deposited into the Uniform School Fund;

(CC)  the Governor’s Suicide Prevention Fund created in Section 26B-1-325 to support the Live On suicide prevention campaign administered by the Division of Integrated Healthcare; or

(DD)  the State Park Fees Restricted Account created in Section 79-4-402 to support the Division of State Parks’ dark sky initiative.

(ii) 

(A)  For a veterans special group license plate described in Subsection (4) or 41-1a-421(1)(a)(v), “contributor” means a person who has donated or in whose name at least a $25 donation at the time of application and $10 annual donation thereafter has been made.

(B)  For a Utah Housing Opportunity special group license plate, “contributor” means a person who:

(I)  has donated or in whose name at least $30 has been donated at the time of application and annually after the time of application; and

(II)  is a member of a trade organization for real estate licensees that has more than 15,000 Utah members.

(C)  For an Honoring Heroes special group license plate, “contributor” means a person who has donated or in whose name at least $35 has been donated at the time of application and annually thereafter.

(D)  For a firefighter support special group license plate, “contributor” means a person who:

(I)  has donated or in whose name at least $15 has been donated at the time of application and annually after the time of application; and

(II)  is a currently employed, volunteer, or retired firefighter.

(E)  For a cancer research special group license plate, “contributor” means a person who has donated or in whose name at least $35 has been donated at the time of application and annually after the time of application.

(F)  For a Utah Law Enforcement Memorial Support special group license plate, “contributor” means a person who has donated or in whose name at least $35 has been donated at the time of application and annually thereafter.

(b)  “Institution” means a state institution of higher education as defined under Section 53B-3-102 or a private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the United States Department of Education.

(2) 

(a)  An applicant for original or renewal collegiate special group license plates under Subsection (1)(a)(i) must be a contributor to the institution named in the application and present the original contribution verification form under Subsection (2)(b) or make a contribution to the division at the time of application under Subsection (3).

(b)  An institution with a support special group license plate shall issue to a contributor a verification form designed by the commission containing:

(i)  the name of the contributor;

(ii)  the institution to which a donation was made;

(iii)  the date of the donation; and

(iv)  an attestation that the donation was for a scholastic scholarship.

(c)  The state auditor may audit each institution to verify that the money collected by the institutions from contributors is used for scholastic scholarships.

(d)  After an applicant has been issued collegiate license plates or renewal decals, the commission shall charge the institution whose plate was issued, a fee determined in accordance with Section 63J-1-504 for management and administrative expenses incurred in issuing and renewing the collegiate license plates.

(e)  If the contribution is made at the time of application, the contribution shall be collected, treated, and deposited as provided under Subsection (3).

(3) 

(a) 

(i)  Except as provided in Subsection (3)(a)(ii), an applicant for original or renewal support special group license plates under this section must be a contributor to the sponsoring organization associated with the license plate.

(ii)  An applicant for a historical special group license plate is not required to make a donation to the Utah State Historical Society if the historical special group license plate is for a vintage vehicle that has a model year of 1982 or older.

(b)  This contribution shall be:

(i)  unless collected by the named institution under Subsection (2), collected by the division;

(ii)  considered a voluntary contribution for the funding of the activities specified under this section and not a motor vehicle registration fee;

(iii)  deposited into the appropriate account less actual administrative costs associated with issuing the license plates; and

(iv)  for a firefighter special group license plate, deposited into the appropriate account less:

(A)  the costs of reordering firefighter special group license plate decals; and

(B)  the costs of replacing recognition special group license plates with new license plates under Subsection 41-1a-1211(13).

(c)  The donation described in Subsection (1)(a) must be made in the 12 months before registration or renewal of registration.

(d)  The donation described in Subsection (1)(a) shall be a one-time donation made to the division when issuing original:

(i)  snowmobile license plates; or

(ii)  conservation license plates.

(4)  Veterans license plates shall display one of the symbols representing the Army, Navy, Air Force, Marines, Coast Guard, or American Legion.

Amended by Chapter 22, 2023 General Session
Amended by Chapter 34, 2023 General Session
Amended by Chapter 217, 2023 General Session
Amended by Chapter 328, 2023 General Session
Amended by Chapter 534, 2023 General Session