DAR File No. 27803

Tax Commission, Motor Vehicle

R873-22M-27

Issuance of Special Group License Plates Pursuant to Utah Code Ann. Sections 41-1a-408, 41-1a-409 and 41-1a-414

NOTICE OF PROPOSED RULE

DAR File No.: 27803
Filed: 04/05/2005, 03:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to remove outdated provisions of the rule, and to establish criteria for persons to surrender certain special group license plates.

Summary of the rule or change:

The proposed amendment deletes language that is contained in statute or has been changed by statue; and provides a mechanism for revoking firefighter special group license plates for an individual who no longer qualifies for those plates.

State statutory or constitutional authorization for this rule:

Sections 41-1a-418, 41-1a-419, 41-1a-420, and 41-1a-421

Anticipated cost or savings to:

the state budget:

Immaterial increase in revenue--a person who is no longer eligible to have firefighter plates will pay $5 to replace those plates.

local governments:

None--The fees involved are state fees.

other persons:

Immaterial cost--a person who is no longer eligible for a firefighter plate will pay $5 to replace those plates.

Compliance costs for affected persons:

The statutory fee for new license plates has always applied to a person who is no longer eligible to have a special group license plate. Firefighting entities, however, want to actively enforce revoking the plate from a person who is not eligible. As a result, there may be some, but not many revocations. Those persons would pay a $5 new license fee.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on businesses. Pam Hendrickson, Commission Chair

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, or by Internet E-mail at clee@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2005

This rule may become effective on:

06/01/2005

Authorized by:

Pam Hendrickson, Commissioner

RULE TEXT

R873. Tax Commission, Motor Vehicle.

R873-22M. Motor Vehicle.

R873-22M-27. Issuance of Special Group License Plates Pursuant to Utah Code Ann. Sections [41-1a-408, 41-1a-409 and 41-1a-414]41-1a-418, 41-1a-419, 41-1a-420, and 41-1a-421.

(1) Except as otherwise provided, a special group license plate shall consist of a symbol affixed to the left-hand side of the plate, followed by five characters. The first four characters shall be numbers and the fifth shall be a letter.

[A.](2)(a) Legislature special group license plates [shall be issued to current members of the Utah Legislature upon application and payment of the applicable fees.

1. These special group license plates ]shall carry the letter combination SEN or REP with the number of the district from which the legislator was elected or appointed.

[2.](b) [State legislators]A state legislator may[, upon payment of the requisite registration fees,] register a maximum of two vehicles with [legislature]Legislature special group license plates.

[3.](c) Upon leaving office, a legislator may not display the Legislature special group license plates on any motor vehicle. Legislators not reelected to office may not display the Legislature special group license plates after December 31 of the election year.[ Legislators leaving office or not reelected to office shall be issued regular license plates at no charge.]

[B.](3)(a) United States Congress special group license plates [shall be issued to current members of the United States Congress upon application and payment of the applicable fees.

1. These special group license plates ]shall carry, in the case of representatives, the letter combination HR, followed by the number of the district from which the representative was elected or appointed, or, in the case of senators, USS 1 or USS 2, signifying the senior and junior senators.

[2.](b) Upon leaving office, [members]a member of Congress may not display United States Congress special group license plates on any motor vehicle. [Members]A member of Congress not reelected to office may not display United States Congress special group license plates after December 31 of the election year.[ Members of Congress leaving office or not reelected to office shall be issued regular license plates at no charge.]

[C.](4) Survivor of the Japanese attack on Pearl Harbor special group license plates [shall]may be issued to qualified U.S. military veterans who:[ upon application and payment of the applicable fees.]

[1.](a) [Only those U.S. military veterans who ]provide a copy of their discharge papers, notice of separation, or other government issued document acceptable to the division verifying dates and locations of active service[,]; or[ who]

(b) present evidence of membership in the Pearl Harbor Survivors Association[, qualify for issuance of this special group license plate].[

2. Motor vehicles displaying these plates shall be registered and titled in, or registered and leased in, the name of the veteran or the veteran and the spouse. Upon the death of the veteran, the surviving spouse may, upon application to the division, retain the special license plates so long as the surviving spouse remains unmarried.]

[D.](5) Former prisoner of war special group license plates shall be issued to qualified U.S. military veterans[ upon application and payment of the applicable fees].[

1. Only those U.S. military veterans who provide a copy of their discharge papers, notice of separation, or other government issued document acceptable to the division indicating that the veteran was classified as a prisoner of war qualify for issuance of this special group license plate.

2. Motor vehicles displaying these plates shall be registered and titled in, or registered and leased in, the name of the veteran or the veteran and the spouse. Upon the death of the veteran, the surviving spouse may, upon application to the division, retain the special license plates so long as the surviving spouse remains unmarried.]

[E.](6) Recipient of a purple heart special group license plates shall be issued to qualified U.S. military veterans[ upon application and payment of the applicable fees.

1. Only those U.S. military veterans] who:

(a) provide a copy of their discharge papers, notice of separation, or other government issued document acceptable to the division indicating the veteran was awarded the purple heart[,]; or [who]

(b) present evidence of current membership in the Military Order of the Purple Heart[, qualify for issuance of this special group license plate].[

2. Motor vehicles displaying these plates shall be registered and titled in, or registered and leased in, the name of the veteran or the veteran and the spouse. Upon the death of the veteran, the surviving spouse may, upon application to the division, retain the special license plates so long as the surviving spouse remains unmarried.]

[F.](7) An applicant for a National Guard special group license [plates shall be issued to active members of the Utah National Guard upon application and payment of the applicable fees.

1. To qualify for this special group license ]plate[, applicants] must present a current military identification card [which]that shows active membership in the Utah National Guard.

[G. Disabled special group license plates shall be issued to persons with disabilities which limit or impair their ability to walk and for vehicles that are used by an organization primarily to transport persons with disabilities that limit or impair their ability to walk, upon application and payment of the applicable fees.

1. Persons with disabilities which limit or impair the ability to walk as defined in Uniform System for Handicapped Parking, 58 Fed. Reg. 10328, 10329 (1991), which is adopted and incorporated by reference.

2. An applicant for this special group license plate shall present a licensed physician's certification upon initial application, stating that the applicant has a permanent disability which limits or impairs ability to walk, or sign an affidavit attesting that the vehicle is used by an organization primarily for the transportation of persons with disabilities that limit or impair their ability to walk.

3. The Tax Commission may, on a case by case basis, issue disabled special group license plates to persons with disabilities other than disabilities which limit or impair the ability to walk.

4. The fee for the issuance of a handicapped person special group license plate shall not exceed the fee charged for a similar license plate for the same class vehicle.

5. A physician's certification is not required for renewal of the special group license plate.](8) The issuance, renewal, surrender, and design of disability special group license plates and windshield placards shall be subject to the provisions of the federal Uniform System for Parking for Persons with Disabilities, 23 C.F.R. Ch. 11, Subch. B, Pt. 1235.2 (1991), which is adopted and incorporated by reference.

[H. Collegiate special group license plates shall be issued in accordance with Section 41- 1a-408 upon application and payment of the applicable fees.

I. Wildlife special group license plates shall be issued in accordance with Section 41-1a- 408 upon application and payment of the applicable fees.

J. Special interest vehicle special group license plates shall be issued to owners of qualified vehicles upon application and payment of the applicable fees.

1. To qualify for this special group license plate, a vehicle must meet the definition of special interest vehicle as that term is defined in Section 41-1a-102.

K. Vintage vehicle special group license plates shall be issued to owners of qualified vehicles upon application and payment of the applicable fees.

1. To qualify for this special group license plate, a vehicle must meet the definition of vintage vehicle as that term is defined in Section 41-21-1.

L.](9)(a) [Licensed]An applicant for a licensed amateur radio operator special group license[ plates shall be issued to qualified individuals upon application and payment of the applicable fees.

1. To qualify for this special group license plate, applications must] plate shall present a current Federal Communication Commission (FCC) license.

[2.](b) [The alpha and numeric sequence of these plates]The license plate number for a licensed amateur radio operator special group license plate shall be the same combination of alpha and numeric characters that comprise the FCC assigned radio call [sign] letters of the licensed operator.[ The first letter shall be either A, K, N, or W. The next characters shall be the combination of letters or figures assigned by the FCC to the licensed operator as indicated upon the licensed operator's FCC license.]

[3.](c) [A maximum of one vehicle may be registered]Only one set of licensed amateur radio operator special group license plates may be issued per FCC license.

[M. Farm vehicle special group license plates shall be issued to owners of qualified vehicles upon application and payment of the applicable fees.

1. To qualify for this special group license plate, vehicles with a gross vehicle weight rating of 12,001 pounds or more must meet the criteria for farm truck, as that term is defined in Section 41-1a-102, and furnish a completed Farm Truck Affidavit, Form TC-838, at the time of application.

2. To qualify for this special group license plate, vehicles with a gross vehicle weight rating of 12,000 pounds or less must provide an emission test certificate or a county-issued certificate of exemption from emission inspection requirements at the time of application.](10) A farm truck special group license plate may be issued for a vehicle that is qualified to register as a farm truck under Section 41-1a-1206.

[N.](11)(a) [Firefighter special group license plates shall be issued to qualified individuals upon application and payment of the applicable fees.

1. ]To qualify for [this]a firefighter special group license plate, [applicants]an applicant must present one of the following:

[a)](i) evidence indicating the applicant has a current membership in the Utah Firefighters' Association;

[b)](ii) an official identification card issued by the firefighting entity identifying the applicant as an employee or volunteer of that firefighting entity;

[c)](iii) a letter on letterhead of the firefighting entity, or the municipality or county in which the firefighting entity is located, identifying the applicant as an employee or volunteer of that firefighting entity; or

[d)](iv) a letter on letterhead from a firefighting entity, or the municipality or county in which the firefighting entity is located, identifying the applicant as a retired firefighter, whether employed or volunteer, of that firefighting entity.

(b) The division shall revoke a firefighter special group license plate issued under Section 41-1a-418 upon receipt of written notification from the head of a firefighting entity indicating:

(i) the name of the individual whose license plate is revoked;

(ii) the license plate number that is revoked;

(iii) the reason the license plate is revoked; and

(iv) that the firefighting entity has notified the individual described in Subsection (11)(b)(i) that the license plate will be revoked.

[O. In addition to the special group license plates listed above, any organization that makes a significant contribution promoting the education, economy, or social image of this state may request the Tax Commission to authorize a special group license plate for the organization.

1. The contribution must be the result of the organization's primary purpose.

2. Organizations may apply to the Tax Commission in letter form for preliminary approval of their request for a special group license plate. Each such application must be accompanied by an artist's color rendering of the proposed symbol and the group's identifying slogan. Final approval of the symbol and slogan rests with the Tax Commission.

3. Organizations whose requests for special group license plates are approved by the Tax Commission shall acquire the applications and fees prescribed in Sections 41-1a-408 and 41-1a-1211 and submit those applications and fees to the division for processing.

4. At the discretion of the requesting organization, special group license plates issued under this paragraph may be restricted to individuals meeting requirements formulated by that organization.

5. Once a restricted special group license plate has been issued by the division, all requests to the division for that license plate must be accompanied by a letter of authorization from the organization requesting that restricted special group license plate.

P.](12) An individual who no longer qualifies for the particular special group license plate may not display that special group license plate on any motor vehicle and must reregister the vehicle and obtain new license plates.[ Unless otherwise provided in this rule, the division shall collect a replacement fee prior to issuing regular issue license plates to the disqualified individual.

Q. Except as otherwise provided, all special group license plates, including personalized special group license plates, shall consist of a symbol, affixed to the left-hand side of the plate, followed by five characters. The first four characters shall be numbers and the fifth shall be a letter. Plates shall be distributed consecutively.

R. Unless otherwise prohibited by statute, the division may enact procedures to recall all special license plates currently in use. The division shall replace the recalled plates with the special group license plates enumerated in this rule, free of charge.]

KEY: taxation, motor vehicles, aircraft, license plates

[November 1, 2002]2005

Notice of Continuation April 5, 2002

41-1a-418

41-1a-419

41-1a-420

41-1a-421

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, or by Internet E-mail at clee@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.