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H.B. 141
This document includes House Committee Amendments incorporated into the bill on Thu, Feb 9, 2006 at 1:22 PM by chopkin. --> 1
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9 LONG TITLE
10 General Description:
11 This bill modifies the Motor Vehicles Code to create a voluntary contribution checkoff
12 for motor vehicle registrations.
13 Highlighted Provisions:
14 This bill:
15 . authorizes a voluntary contribution checkoff for protecting access to public lands
16 and off-highway vehicle education on motor vehicle registrations;
17 . creates the Off-highway Access and Education Restricted Account;
18 . provides that the Division of Motor Vehicles shall collect the contributions and
19 transfer them to the account;
20 . requires the Board of Parks and Recreation to distribute funds collected into the
21 account;
22 . establishes criteria that an organization must meet to apply for funds from the
23 account;
24 . requires the board to make rules for an organization to apply for funds;
25 . prohibits the board from considering proposals that do not:
26 . protect access to public lands by motor vehicle and off-highway vehicle
27 operators; and
28 . educate the public about appropriate off-highway vehicle use;
29 . prohibits the board from:
30 . requiring matching funds for proposals; or
31 . prohibiting the use of funds for certain purposes; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill takes effect October 1, 2006.
37 Utah Code Sections Affected:
38 AMENDS:
39 41-22-10, as last amended by Chapter 162, Laws of Utah 1987
40 ENACTS:
41 41-1a-230.6, Utah Code Annotated 1953
42 41-22-19.5, Utah Code Annotated 1953
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 41-1a-230.6 is enacted to read:
46 41-1a-230.6. Registration checkoff for protecting access to public lands and
47 promoting off-highway vehicle education.
48 (1) A person who applies for a motor vehicle registration or registration renewal may
49 designate a voluntary contribution of $2 for the purpose of:
50 (a) protecting access to public lands by motor vehicle and off-highway vehicle
51 operators; and
52 (b) educating the public about appropriate off-highway vehicle use.
53 (2) This contribution shall be:
54 (a) collected by the division;
55 (b) treated as a voluntary contribution to the Off-highway Access and Education
56 Restricted Account created in Section 41-22-19.5 and not as a motor vehicle or off-highway
57 vehicle registration fee; and
58 (c) transferred to the Off-highway Access and Education Restricted Account created in
59 Section 41-22-19.5 at least monthly, less actual administrative costs associated with collecting
60 and transferring the contributions.
61 (3) In addition to the administrative costs deducted under Subsection (2)(c), the
62 division may deduct the first $1,000 collected to cover costs incurred to change the registration
63 form.
64 Section 2. Section 41-22-10 is amended to read:
65 41-22-10. Powers of board relating to off-highway vehicles.
66 (1) The board may:
67 [
68 Council representing the various off-highway vehicle, conservation, and other appropriate
69 interests; and
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71 federal, state, county, and city agencies in areas of off-highway vehicle use.
72 (2) The board shall receive and distribute voluntary contributions collected under
73 Section 41-1a-230.6 in accordance with Section 41-22-19.5 .
74 Section 3. Section 41-22-19.5 is enacted to read:
75 41-22-19.5. Off-highway Access and Education Restricted Account -- Creation --
76 Funding -- Distribution of funds by the Board of Parks and Recreation.
77 (1) There is created in the General Fund a restricted account known as the Off-highway
78 Access and Education Restricted Account.
79 (2) The account shall be funded by:
80 (a) contributions deposited into the Off-highway Access and Education Restricted
81 Account in accordance with Section 41-1a-230.6 ;
82 (b) private contributions;
83 (c) donations or grants from public or private entities; or
84 (d) interest and earnings on fund monies.
85 (3) Funds in the account are nonlapsing.
86 (4) The Legislature shall appropriate money in the account to the board.
87 (5) The board shall distribute the funds to a charitable organization that:
88 (a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
89 Code; H. [
89a (b) has at least one full-time employee; and .H
90 H. [
91 (i) protect access to public lands by motor vehicle and off-highway vehicle operators;
92 and
93 (ii) educate the public about appropriate off-highway vehicle use.
94 (6) The board may only consider proposals that are:
95 (a) proposed by a charitable organization under Subsection (5); and
96 (b) designed to:
97 (i) protect access to public lands by motor vehicle and off-highway vehicle operators;
98 and
99 (ii) educate the public about appropriate off-highway vehicle use.
100 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
101 board shall make rules providing procedures for an organization to apply to receive funds under
102 this section.
103 (8) The board may not:
104 (a) require matching funds from a charitable organization as a condition of receiving
105 funds; or
106 (b) prohibit the use of funds to cover litigation expenses incurred in protecting access
107 to public lands by motor vehicle and off-highway vehicle operators.
108 Section 4. Effective date.
109 This bill takes effect October 1, 2006.
Legislative Review Note
as of 1-18-06 7:21 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.