Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 318 First Substitute (2020GS)

Sponsor

Rep. Hollins, S.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates a recognition special group license plate to recognize the work and life of Dr. Martin Luther King, Jr.;
• repeals the Martin Luther King, Jr. Civil Rights support special group license plate; and
• makes technical changes.

Every vote on this bill

Bill text

MARTIN LUTHER KING, JR. SPECIAL LICENSE PLATE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Sandra Hollins
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill creates a recognition special group license plate to recognize the work and life
of Dr. Martin Luther King, Jr.
Highlighted Provisions:
This bill:
▸ creates a recognition special group license plate to recognize the work and life of
Dr. Martin Luther King, Jr.;
▸ repeals the Martin Luther King, Jr. Civil Rights 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:
9-18-102
, as enacted by Laws of Utah 2012, Chapter 332
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
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-18-102
 is amended to read:
9-18-102.
Martin Luther King, Jr. Civil Rights Support Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Martin
Luther King, Jr. Civil Rights Support Restricted Account."
(2) The account shall be funded by:
[
(a) contributions deposited into the account in accordance with Section 
41-1a-422
;
]
[
(b)
] 
(a)
 private contributions; and
[
(c)
] 
(b)
 donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the department shall distribute funds in the
account to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) is located within the state and is not affiliated with a parent organization;
(c) create or support programs that promote awareness and education of constitutional
and civil rights;
(d) provide education and training in inalienable rights as set forth in the Declaration of
Independence;
(e) partner with educational institutions to administer underrepresented or underserved
scholarships; and
(f) partner with government agencies within the state and the private sector to
administer and facilitate an underrepresented or underserved internship program.
(4) (a) An organization described in Subsection (3) may apply to the department to
receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the department in accordance with
Subsection (3) shall expend the distribution only to:
(i) facilitate, coordinate, and encourage appropriate ceremonies and activities that
commemorate the federal Martin Luther King, Jr. holiday;
(ii) create or support programs that promote awareness and education of constitutional
and civil rights;
(iii) provide education and training in inalienable rights as set forth in the Declaration
of Independence;
(iv) partner with educational institutions to administer underrepresented or underserved
scholarships;
(v) partner with government agencies within the state and the private sector to
administer and facilitate an underrepresented or underserved internship program; and
(vi) pay the costs of issuing or reordering 
Dr.
 Martin Luther King, Jr. [
Civil Rights
Support
] 
recognition
 special group license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution under this Subsection (3).
(5) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.
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
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
(xii) an individual supporting the recognition and continuation of the work and life of
Dr. Martin Luther King, Jr.; 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;
(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)
] 
(xxi)
 programs that support issues affecting women and children through an
organization affiliated with a national professional men's basketball organization;
[
(xxiii)
] 
(xxii)
 programs that strengthen youth soccer, build communities, and promote
environmental sustainability through an organization affiliated with a professional men's soccer
organization;
[
(xxiv)
] 
(xxiii)
 programs that support children with heart disease;
[
(xxv)
] 
(xxiv)
 programs that support the operation and maintenance of the Utah Law
Enforcement Memorial;
[
(xxvi)
] 
(xxv)
 programs that provide assistance to children with cancer;
[
(xxvii)
] 
(xxvi)
 programs that promote leadership and career development through
agricultural education;
[
(xxviii)
] 
(xxvii)
 the Utah State Historical Society;
[
(xxix)
] 
(xxviii)
 programs to transport veterans to visit memorials honoring the service
and sacrifices of veterans; or
[
(xxx)
] 
(xxix)
 programs that promote motorcycle safety awareness.
(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).
(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.
(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;
(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;
[
(U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
;
]
[
(V)
] 
(U)
 the National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
62A-1-202
;
[
(W)
] 
(V)
 the Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
;
[
(X)
] 
(W)
 the Children with Cancer Support Restricted Account created in Section
26-21a-304
 for programs that provide assistance to children with cancer;
[
(Y)
] 
(X)
 the National Professional Men's Soccer Team Support of Building
Communities Restricted Account created in Section 
9-19-102
;
[
(Z)
] 
(Y)
 the Children with Heart Disease Support Restricted Account created in
Section 
26-58-102
;
[
(AA)
] 
(Z)
 the Utah Intracurricular Student Organization Support for Agricultural
Education and Leadership Restricted Account created in Section 
4-42-102
;
[
(BB)
] 
(AA)
 the Division of Wildlife Resources for the Support for State-Owned
Shooting Ranges Restricted Account created in Section 
23-14-13.5
, for the creation of new,
and operation and maintenance of existing, state-owned firearm shooting ranges;
[
(CC)
] 
(BB)
 the Utah State Historical Society to further the mission and purpose of the
Utah State Historical Society;
[
(DD)
] 
(CC)
 the Motorcycle Safety Awareness Support Restricted Account created in
Section 
72-2-130
; or
[
(EE)
] 
(DD)
 the Transportation of Veterans to Memorials Support Restricted Account
created in Section 
71-14-102
.
(ii) (A) For a veterans special group license plate described in Subsection
41-1a-421
(1)(a)(v) or 
41-1a-422
(4), "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 Martin Luther King, Jr. Civil Rights 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.
]
[
(G)
] 
(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) 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.
(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 prior to
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.
Section 4. 
Effective date.
This bill takes effect on October 15, 2020.