Just because Utah's centennial organizers ducked the state constitution to raise money through license plate fees doesn't mean others can do the same.
Ask Rep. Joanne R. Milner, D-Salt Lake.For the past two years her bills that would allow motorists to purchase an optional plate or sticker, with proceeds going to fund environmental proj-ects, have fallen flat.
Legislative counsel told her that the state constitution prohibits license plate fees from being used for anything but roads, driver education or traffic law enforcement.
This week, however, Milner found an exception to the rule during a meeting with officials from the state Tax Commission, which collects the fees, and the Utah Department of Transportation, which uses the revenue for road repairs.
UDOT spokesman Kim Morris asked how the Utah Statehood Centennial Commission got away with using license plate fees to fund its 1996 celebration.
"No one seemed to know," Morris told the Deseret News.
However, the State Division of History and the Legislature had to know. When lawmakers created the commission in 1989, they bypassed the constitutional question by passing a law that calls the money collected for the centennial plates "special fees" and not a motor vehicle registration fee.
Those who want to purchase the centennial plate must make a "voluntary contribution" of $25 on top of the regular vehicle registration fees, the law says. And at registration renewal time, those sporting the new plates must pay $10 on top of the annual renewal fee.
The law also provides that the Tax Commission deduct from the "special fee" its production and administrative costs before transferring the money to the centennial commission.
The commission is relying on license plate sales to bring in $3 million over the next four years - the primary source of funding for the centennial celebration.
"We were aware of this (constitutional roadblock), and the Legislature put special language in the statute that covers it. The Legislature defined it away by saying it's a special fee," said Max Evans, division director and commission mem-ber.
Tom Roberts, assistant attorney general for the history division, said no one has requested a formal review of the centennial plate law to see if it passes constitutional muster. Morris said UDOT has no problem with it.
"I was just an innocent bystander asking a question," he said.
But Milner plans to use this lone exception for all its worth to get her environmental license plate into the Utah Code.
"I will cause a ruckus about the money the commission is receiving. I won't buy the argument that my bill is constitutionally prohibitive."
Milner said her proposal to clean up the environment is more in the public's interest than raising money for "a big party."
"The hoopla isn't extended to the general populous but for an elitist group. The balls and dances are removed from the average citizen, but clean air isn't."