§ 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