H.B. 97 Enrolled

1

MOTOR VEHICLE REGISTRATION CHECKOFF
2 FOR PROTECTING ACCESS TO PUBLIC LANDS
3 AND OFF-HIGHWAY VEHICLE EDUCATION
4 2007 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Michael E. Noel
7 Senate Sponsor: Darin G. Peterson
8 Cosponsor:Aaron Tilton 9
10 LONG TITLE
11 General Description:
12 This bill modifies the Motor Vehicles Code by creating a voluntary contribution
13 checkoff for motor vehicle registrations.
14 Highlighted Provisions:
15 This bill:
16 . authorizes a voluntary contribution checkoff for protecting access to public lands
17 and off-highway vehicle education on motor vehicle registrations;
18 . creates the Off-highway Access and Education Restricted Account;
19 . provides that the Division of Motor Vehicles shall collect the contributions and
20 transfer them to the account;
21 . requires the Board of Parks and Recreation to distribute funds collected into the
22 account;
23 . establishes criteria that an organization must meet to apply for funds from the
24 account;
25 . requires the board to make rules for an organization to apply for funds;
26 . prohibits the board from considering proposals that do not:
27 . protect access to public lands by motor vehicle and off-highway vehicle
28 operators; and
29 . educate the public about appropriate off-highway vehicle use;

30 . prohibits the board from:
31 . requiring matching funds for proposals; or
32 . prohibiting the use of funds for certain purposes; and
33 . makes technical changes.
34 Monies Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 This bill takes effect October 1, 2007.
38 Utah Code Sections Affected:
39 AMENDS:
40 41-22-10, as last amended by Chapter 162, Laws of Utah 1987
41 ENACTS:
42 41-1a-230.6, Utah Code Annotated 1953
43 41-22-19.5, Utah Code Annotated 1953
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 41-1a-230.6 is enacted to read:
47 41-1a-230.6. Registration checkoff for protecting access to public lands and
48 promoting off-highway vehicle education.
49 (1) A person who applies for a motor vehicle registration or registration renewal may
50 designate a voluntary contribution of $2 for the purpose of:
51 (a) protecting access to public lands by motor vehicle and off-highway vehicle
52 operators; and
53 (b) educating the public about appropriate off-highway vehicle use.
54 (2) This contribution shall be:
55 (a) collected by the division;
56 (b) treated as a voluntary contribution to the Off-highway Access and Education
57 Restricted Account created in Section 41-22-19.5 and not as a motor vehicle or off-highway

58 vehicle registration fee; and
59 (c) transferred to the Off-highway Access and Education Restricted Account created in
60 Section 41-22-19.5 at least monthly, less actual administrative costs associated with collecting
61 and transferring the contributions.
62 (3) In addition to the administrative costs deducted under Subsection (2)(c), the
63 division may deduct the first $1,000 collected to cover costs incurred to change the registration
64 form.
65 Section 2. Section 41-22-10 is amended to read:
66 41-22-10. Powers of board relating to off-highway vehicles.
67 (1) The board may:
68 [(1)] (a) appoint and seek recommendations from the Off-highway Vehicle Advisory
69 Council representing the various off-highway vehicle, conservation, and other appropriate
70 interests; and
71 [(2)] (b) adopt a uniform marker and sign system for use by agents of appropriate
72 federal, state, county, and city agencies in areas of off-highway vehicle use.
73 (2) The board shall receive and distribute voluntary contributions collected under
74 Section 41-1a-230.6 in accordance with Section 41-22-19.5 .
75 Section 3. Section 41-22-19.5 is enacted to read:
76 41-22-19.5. Off-highway Access and Education Restricted Account -- Creation --
77 Funding -- Distribution of funds by the Board of Parks and Recreation.
78 (1) There is created in the General Fund a restricted account known as the Off-highway
79 Access and Education Restricted Account.
80 (2) The account shall be funded by:
81 (a) contributions deposited into the Off-highway Access and Education Restricted
82 Account in accordance with Section 41-1a-230.6 ;
83 (b) private contributions;
84 (c) donations or grants from public or private entities; or
85 (d) interest and earnings on fund monies.

86 (3) Funds in the account are nonlapsing.
87 (4) The Legislature shall appropriate money in the account to the board.
88 (5) The board may expend up to 10% of the monies appropriated under Subsection (4)
89 to:
90 (a) administer account distributions in accordance with Subsections (6) through (9);
91 and
92 (b) administer off-highway vehicle provisions under this chapter.
93 (6) The board shall distribute the funds to a charitable organization that:
94 (a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
95 Code;
96 (b) has at least one full-time employee; and
97 (c) has as a primary part of its mission to:
98 (i) protect access to public lands by motor vehicle and off-highway vehicle operators;
99 and
100 (ii) educate the public about appropriate off-highway vehicle use.
101 (7) The board may only consider proposals that are:
102 (a) proposed by a charitable organization under Subsection (6); and
103 (b) designed to:
104 (i) protect access to public lands by motor vehicle and off-highway vehicle operators;
105 and
106 (ii) educate the public about appropriate off-highway vehicle use.
107 (8) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
108 board shall make rules providing procedures for an organization to apply to receive funds under
109 this section.
110 (9) The board may not:
111 (a) require matching funds from a charitable organization as a condition of receiving
112 funds; or
113 (b) prohibit the use of funds to cover litigation expenses incurred in protecting access

114 to public lands by motor vehicle and off-highway vehicle operators.
115 Section 4. Effective date.
116 This bill takes effect October 1, 2007.