2016 Utah Code
Title 41 - Motor Vehicles
Chapter 22 - Off-Highway Vehicles
Section 19.5 - Off-highway Access and Education Restricted Account -- Creation -- Funding -- Distribution of funds by the Board of Parks and Recreation.

41-22-19.5. Off-highway Access and Education Restricted Account -- Creation -- Funding -- Distribution of funds by the Board of Parks and Recreation.

• (1) There is created in the General Fund a restricted account known as the Off-highway Access and Education Restricted Account.

• (2) The account shall be funded by:
  • (a) contributions deposited into the Off-highway Access and Education Restricted Account in accordance with Section 41-1a-230.6;
  • (b) private contributions; and
  • (c) donations or grants from public or private entities.

• (3) The Legislature shall appropriate money in the account to the board.

• (4)
  • (a) The state treasurer shall invest money in the account according to Title 51, Chapter 7, State Money Management Act.
  • (b) The Division of Finance shall deposit interest or other earnings derived from investment of account money into the General Fund.

• (5) The board may expend up to 10% of the money appropriated under Subsection (3) to:
  • (a) administer account distributions in accordance with Subsections (6) through (9); and
  • (b) administer off-highway vehicle provisions under this chapter.

• (6) The board shall distribute the funds to a charitable organization that:
  • (a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
  • (b) has at least one full-time employee; and
  • (c) has as a primary part of its mission to:
    • (i) protect access to public lands by motor vehicle and off-highway vehicle operators; and
    • (ii) educate the public about appropriate off-highway vehicle use.

• (7) The board may only consider proposals that are:
  • (a) proposed by a charitable organization under Subsection (6); and
  • (b) designed to:
    • (i) protect access to public lands by motor vehicle and off-highway vehicle operators; and
    • (ii) educate the public about appropriate off-highway vehicle use.

• (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules providing procedures for an organization to apply to receive funds under this section.

• (9) The board may not:
  • (a) require matching funds from a charitable organization as a condition of receiving funds; or
  • (b) prohibit the use of funds to cover litigation expenses incurred in protecting access to public lands by motor vehicle and off-highway vehicle operators.

Amended by Chapter 303, 2011 General Session