Plate limits could ease

A man's last name that was deemed "vulgar" and "offensive" by state license plate officials may precipitate a rule change that gives the Utah Motor Vehicle Division more discretion when it rejects questionable applicants.

Dennis Udink wanted to put his last name on his license plate when he bought a new car but was told the "dink" in "Udink" ran afoul of the state's system of checking for vulgarities, profanities and obscenities.

The Carbon County resident complained to state Senate Minority Leader Mike Dmitrich, D-Price, who brought the issue up Wednesday for the Administrative Rules Review Committee.

Both Dmitrich and Udink were told by DMV officials the rule on questionable license plates doesn't allow the state agency any discretion if the request for a personalized plate generates a "hit" on any of the 10 Web sites it uses to check for offensive terms.

Dmitrich, joined by some lawmakers Wednesday, believes if the name is a person's given name at birth, an exception should be made.

"I think equal protection applies," Dmitrich said.

House Majority Leader Greg Curtis, R-Sandy, said the system should be one that uses reasonable thinking-man standards, not the edicts of software programs.

"These are computer programs written with subjective analyses. Culture dictates offensiveness," he said. "Somebody, somewhere has drawn a subjective line."

Udink appealed the rejection of his plate and will have a hearing with the agency later this month, but DMV officials said it is not easy to predict the outcome.

"I can't tell how the commission will rule on this," Lynn Solarczyk, with the state Tax Commission, told legislative members. "But the rule takes the discretion away from the division."

Although legislators directed the agency representatives to approach tax commissioners with the idea of changing the rule to allow more discretion, at least one lawmaker had misgivings.

"I wonder if it is as innocuous as (Dmitrich) says it is," Sen. Howard Stephenson, R-Draper, said. "I wonder if by pushing the commission we won't end up with unintended consequences," with other questionable last names winding up on license plates, Stephenson said.

"I have some sympathy here," he added, but said Udink could easily put his name on a bumper sticker if he really wants it on his car that badly.

"To have a message that is construed by some people as vulgar on a state-sanctioned license plate . . . I am a little leery of pushing the state Tax Commission on this."

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E-mail: amyjoi@desnews.com

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