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H.B. 97
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MOTOR VEHICLE REGISTRATION CHECKOFF
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FOR PROTECTING ACCESS TO PUBLIC LANDS
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AND OFF-HIGHWAY VEHICLE EDUCATION
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Michael E. Noel
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Senate Sponsor:
Darin G. Peterson
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Cosponsor:Aaron Tilton
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LONG TITLE
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General Description:
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This bill modifies the Motor Vehicles Code by creating a voluntary contribution
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checkoff for motor vehicle registrations.
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Highlighted Provisions:
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This bill:
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. authorizes a voluntary contribution checkoff for protecting access to public lands
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and off-highway vehicle education on motor vehicle registrations;
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. creates the Off-highway Access and Education Restricted Account;
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. provides that the Division of Motor Vehicles shall collect the contributions and
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transfer them to the account;
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. requires the Board of Parks and Recreation to distribute funds collected into the
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account;
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. establishes criteria that an organization must meet to apply for funds from the
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account;
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. requires the board to make rules for an organization to apply for funds;
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. prohibits the board from considering proposals that do not:
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. protect access to public lands by motor vehicle and off-highway vehicle
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operators; and
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. educate the public about appropriate off-highway vehicle use;
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. prohibits the board from:
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. requiring matching funds for proposals; or
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. prohibiting the use of funds for certain purposes; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill takes effect October 1, 2007.
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Utah Code Sections Affected:
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AMENDS:
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41-22-10, as last amended by Chapter 162, Laws of Utah 1987
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ENACTS:
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41-1a-230.6, Utah Code Annotated 1953
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41-22-19.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-1a-230.6
is enacted to read:
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41-1a-230.6. Registration checkoff for protecting access to public lands and
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promoting off-highway vehicle education.
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(1) A person who applies for a motor vehicle registration or registration renewal may
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designate a voluntary contribution of $2 for the purpose of:
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(a) protecting access to public lands by motor vehicle and off-highway vehicle
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operators; and
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(b) educating the public about appropriate off-highway vehicle use.
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(2) This contribution shall be:
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(a) collected by the division;
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(b) treated as a voluntary contribution to the Off-highway Access and Education
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Restricted Account created in Section
41-22-19.5
and not as a motor vehicle or off-highway
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vehicle registration fee; and
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(c) transferred to the Off-highway Access and Education Restricted Account created in
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Section
41-22-19.5
at least monthly, less actual administrative costs associated with collecting
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and transferring the contributions.
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(3) In addition to the administrative costs deducted under Subsection (2)(c), the
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division may deduct the first $1,000 collected to cover costs incurred to change the registration
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form.
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Section 2.
Section
41-22-10
is amended to read:
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41-22-10. Powers of board relating to off-highway vehicles.
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(1) The board may:
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[(1)] (a) appoint and seek recommendations from the Off-highway Vehicle Advisory
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Council representing the various off-highway vehicle, conservation, and other appropriate
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interests; and
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[(2)] (b) adopt a uniform marker and sign system for use by agents of appropriate
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federal, state, county, and city agencies in areas of off-highway vehicle use.
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(2) The board shall receive and distribute voluntary contributions collected under
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Section
41-1a-230.6
in accordance with Section
41-22-19.5
.
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Section 3.
Section
41-22-19.5
is enacted to read:
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41-22-19.5. Off-highway Access and Education Restricted Account -- Creation --
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Funding -- Distribution of funds by the Board of Parks and Recreation.
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(1) There is created in the General Fund a restricted account known as the Off-highway
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Access and Education Restricted Account.
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(2) The account shall be funded by:
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(a) contributions deposited into the Off-highway Access and Education Restricted
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Account in accordance with Section
41-1a-230.6
;
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(b) private contributions;
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(c) donations or grants from public or private entities; or
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(d) interest and earnings on fund monies.
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(3) Funds in the account are nonlapsing.
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(4) The Legislature shall appropriate money in the account to the board.
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(5) The board shall distribute the funds to a charitable organization that:
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(a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
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Code;
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(b) has at least one full-time employee; and
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(c) has as a primary part of its mission to:
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(i) protect access to public lands by motor vehicle and off-highway vehicle operators;
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and
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(ii) educate the public about appropriate off-highway vehicle use.
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(6) The board may only consider proposals that are:
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(a) proposed by a charitable organization under Subsection (5); and
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(b) designed to:
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(i) protect access to public lands by motor vehicle and off-highway vehicle operators;
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and
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(ii) educate the public about appropriate off-highway vehicle use.
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(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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board shall make rules providing procedures for an organization to apply to receive funds under
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this section.
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(8) The board may not:
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(a) require matching funds from a charitable organization as a condition of receiving
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funds; or
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(b) prohibit the use of funds to cover litigation expenses incurred in protecting access
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to public lands by motor vehicle and off-highway vehicle operators.
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Section 4. Effective date.
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This bill takes effect October 1, 2007.
Legislative Review Note
as of 11-29-06 7:35 AM