Bill Summary – FastDemocracy

Enrolled Copy                                                                       S.B. 212
                 SPECIAL GROUP LICENSE PLATE AMENDMENTS
                                      2020 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Luz Escamilla
                               House Sponsor: Mark A. Wheatley
 6
 LONG TITLE
 General Description:
        This bill creates the Latino Community Support special group license plate.
 Highlighted Provisions:
        This bill:
        < creates the Latino Community Support Restricted Account;
        < requires the Department of Commerce to administer the account and distribute
 funds to qualifying organizations;
        < creates the Latino Community Support special group license plate; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        41-1a-418, as last amended by Laws of Utah 2019, Chapters 38, 127, 213, and 392
        41-1a-422, as last amended by Laws of Utah 2019, Chapters 38 and 213
        63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
 246
        63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
 and 483
       S.B. 212                                                                      Enrolled Copy
        63J-1-602.1, as last amended by Laws of Utah 2019, Chapters 89, 136, 213, 215, 244,
 326, 342, and 482
 ENACTS:
        13-1-16, Utah Code Annotated 1953
34
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 13-1-16 is enacted to read:
        13-1-16. Latino Community Support Restricted Account.
        (1) There is created in the General Fund a restricted account known as the "Latino
 Community Support Restricted Account."
        (2) The account shall be funded by:
        (a) contributions deposited into the account in accordance with Section 41-1a-422;
        (b) private contributions; and
        (c) donations or grants from public or private entities.
        (3) (a) The state treasurer shall invest money in the account according to Title 51,
 Chapter 7, State Money Management Act.
        (b) The Division of Finance shall deposit interest or other earnings derived from
 investment of account money into the General Fund.
        (4) Subject to appropriation, the department shall distribute the money in the account
 to one or more charitable organizations that:
        (a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
        (b) have as a primary part of the organization's mission to strengthen the state's Latino
 community by:
        (i) creating strong leaders through education and mentoring;
        (ii) providing scholarships and educational financial support; and
        (iii) recognizing academic and vocational achievement, and school and community
 leadership.
        (5) The department may also expend funds in the account to pay the costs of issuing or
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       Enrolled Copy                                                                           S.B. 212
 reordering Latino Community support special group license plate decals.
        (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 department shall make rules providing procedures for an organization to apply to receive
 money under this section.
        Section 2. Section 41-1a-418 is amended to read:
        41-1a-418. Authorized special group license plates.
        (1) The division shall only issue special group license plates in accordance with this
 section through Section 41-1a-422 to a person who is specified under this section within the
 categories listed as follows:
        (a) disability special group license plates issued in accordance with Section 41-1a-420;
        (b) honor special group license plates, as in a war hero, which plates are issued for a:
        (i) survivor of the Japanese attack on Pearl Harbor;
        (ii) former prisoner of war;
        (iii) recipient of a Purple Heart;
        (iv) disabled veteran;
        (v) recipient of a gold star award issued by the United States Secretary of Defense; or
        (vi) recipient of a campaign or combat theater award determined by the Department of
 Veterans and Military Affairs;
        (c) unique vehicle type special group license plates, as for historical, collectors value,
 or other unique vehicle type, which plates are issued for:
        (i) a special interest vehicle;
        (ii) a vintage vehicle;
        (iii) a farm truck; or
        (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
 defined in Section 59-13-102; or
        (B) beginning on the effective date of rules made by the Department of Transportation
 authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
 powered by clean fuel that meets the standards established by the Department of Transportation
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        S.B. 212                                                                          Enrolled Copy
 in rules authorized under Subsection 41-6a-702(5)(b);
          (d) recognition special group license plates, which plates are issued for:
          (i) a current member of the Legislature;
          (ii) a current member of the United States Congress;
          (iii) a current member of the National Guard;
          (iv) a licensed amateur radio operator;
          (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
          (vi) an emergency medical technician;
          (vii) a current member of a search and rescue team;
          (viii) a current honorary consulate designated by the United States Department of
 State;
          (ix) an individual supporting commemoration and recognition of women's suffrage;
          (x) an individual supporting a fraternal, initiatic order for those sharing moral and
 metaphysical ideals, and designed to teach ethical and philosophical matters of brotherly love,
 relief, and truth; or
          (xi) an individual supporting the Utah Wing of the Civil Air Patrol; or
          (e) support special group license plates, as for a contributor to an institution or cause,
 which plates are issued for a contributor to:
          (i) an institution's scholastic scholarship fund;
          (ii) the Division of Wildlife Resources;
          (iii) the Department of Veterans and Military Affairs;
          (iv) the Division of Parks and Recreation;
          (v) the Department of Agriculture and Food;
          (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
          (vii) the Boy Scouts of America;
          (viii) spay and neuter programs through No More Homeless Pets in Utah;
          (ix) the Boys and Girls Clubs of America;
          (x) Utah public education;
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       Enrolled Copy                                                                         S.B. 212
        (xi) programs that provide support to organizations that create affordable housing for
 those in severe need through the Division of Real Estate;
        (xii) the Department of Public Safety;
        (xiii) programs that support Zion National Park;
        (xiv) beginning on July 1, 2009, programs that provide support to firefighter
 organizations;
        (xv) programs that promote bicycle operation and safety awareness;
        (xvi) programs that conduct or support cancer research;
        (xvii) programs that create or support autism awareness;
        (xviii) programs that create or support humanitarian service and educational and
 cultural exchanges;
        (xix) until September 30, 2017, programs that conduct or support prostate cancer
 awareness, screening, detection, or prevention;
        (xx) programs that support and promote adoptions;
        (xxi) programs that create or support civil rights education and awareness;
        (xxii) programs that support issues affecting women and children through an
 organization affiliated with a national professional men's basketball organization;
        (xxiii) programs that strengthen youth soccer, build communities, and promote
 environmental sustainability through an organization affiliated with a professional men's soccer
 organization;
        (xxiv) programs that support children with heart disease;
        (xxv) programs that support the operation and maintenance of the Utah Law
 Enforcement Memorial;
        (xxvi) programs that provide assistance to children with cancer;
        (xxvii) programs that promote leadership and career development through agricultural
 education;
        (xxviii) the Utah State Historical Society;
        (xxix) programs to transport veterans to visit memorials honoring the service and
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        S.B. 212                                                                        Enrolled Copy
 sacrifices of veterans; [or]
         (xxx) programs that promote motorcycle safety awareness[.]; or
         (xxxi) programs dedicated to strengthening the state's Latino community through
 education, mentoring, and leadership opportunities.
         (2) (a) The division may not issue a new type of special group license plate or decal
 unless the division receives:
         (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
 the production and administrative costs of providing the new special group license plates or
 decals; or
         (B) a legislative appropriation for the start-up fee provided under Subsection
 (2)(a)(i)(A); and
         (ii) beginning on January 1, 2012, and for the issuance of a support special group
 license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
 type of support special group license plate or decal to be issued with all fees required under this
 part for the support special group license plate or decal issuance paid by each applicant.
         (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
 hold applications for support special group license plates or decals authorized in Section
 41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.
         (ii) Once a participating organization has received at least 500 applications, it shall
 submit the applications, along with the necessary fees, to the division for the division to begin
 working on the design and issuance of the new type of support special group license plate or
 decal to be issued.
         (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
 of a new support special group license plate or decal authorized in Section 41-1a-422 until the
 applications and fees required under this Subsection (2) have been received by the division.
         (iv) The division shall begin issuance of a new support special group license plate or
 decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
 after receiving the applications and fees required under this Subsection (2).
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        Enrolled Copy                                                                            S.B. 212
          (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
 registration of a motor vehicle that has been issued a firefighter recognition special group
 license plate unless the applicant is a contributor as defined in Subsection
 41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
          (ii) A registered owner of a vehicle that has been issued a firefighter recognition
 special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
 registration shall:
          (A) be a contributor to the Firefighter Support Restricted Account as required under
 Subsection (2)(c)(i); or
          (B) replace the firefighter recognition special group license plate with a new license
 plate.
          (3) Beginning on July 1, 2011, if a support special group license plate or decal type
 authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
 license plates issued each year for a three consecutive year time period that begins on July 1,
 the division may not issue that type of support special group license plate or decal to a new
 applicant beginning on January 1 of the following calendar year after the three consecutive year
 time period for which that type of support special group license plate or decal has fewer than
 500 license plates issued each year.
          (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
 vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
          (5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
 support special group license plate.
          (b) A registered owner of a vehicle that has been issued a prostate cancer support
 special group license plate before October 1, 2017, may renew the owner's motor vehicle
 registration, with the contribution allocated as described in Section 41-1a-422.
          Section 3. Section 41-1a-422 is amended to read:
          41-1a-422. Support special group license plates -- Contributor -- Voluntary
 contribution collection procedures.
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        S.B. 212                                                                     Enrolled Copy
        (1) As used in this section:
        (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 23-14-13, 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 Parks and 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 Parks and 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;
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       Enrolled Copy                                                                         S.B. 212
        (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 26-21a-302 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) Prostate Cancer Support Restricted Account created in Section 26-21a-303 for
 programs that conduct or support prostate cancer awareness, screening, detection, or prevention
 until September 30, 2017, and beginning on October 1, 2017, upon renewal of a prostate cancer
 support special group license plate, to the Cancer Research Restricted Account created in
 Section 26-21a-302 to support cancer research programs;
        (T) the Choose Life Adoption Support Restricted Account created in Section
 62A-4a-608 to support programs that promote adoption;