Transportation, Program Development

Rule R926-12

Share the Road Bicycle Support Restricted Account

Notice of Proposed Rule

(New Rule)

DAR File No.: 32934
Filed: 09/01/2009 05:52:09 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to recognize the provisions of S.B. 102 (2009 General Session) that authorize a Share the Road Bicycle Support Restricted Account and create a Share the Road special group license plate. The bill grants the Department of Transportation rulemaking authority to make rules establishing a procedure for an organization to apply for funds in the Share the Road Bicycle Support Restricted Account. (DAR NOTE: S.B. 102 (2009) is found at Chapter 380, Laws of Utah 2009, and will be effective 10/01/2009.)

Summary of the rule or change:

The rule is being established to define the procedure for certain organizations to apply for funds in the Share the Road Bicycle Support Restricted Account.

State statutory or constitutional authorization for this rule:

• Section 72-2-127

Anticipated cost or savings to:

the state budget:

An annual $25 donation is made by applicants to the Share the Road Bicycle Support Restricted Account administered by the Department of Transportation. This is a new rule, therefore, no amount can be determined at this time.

local governments:

This is a state involved program to promote bicycle operation and safety through charitable organizations, therefore, no cost or savings for local government are anticipated.

small businesses:

This is a state involved program to promote bicycle operation and safety through charitable organizations, therefore, no cost or savings for small businesses are anticipated.

persons other than small businesses, businesses, or local governmental entities:

The law requires applicants for a new Share the Road Bicycle Support special group plate to make a $25 annual donation for bicycle operation and safety awareness programs.

Compliance costs for affected persons:

No compliance cost as only applicants who choose to have the new Share the Road special group license plate will pay $25 when they apply for the plate.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact by this rule on businesses.

John R. Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Program Development
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at maureenshort@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2009

This rule may become effective on:

10/22/2009

Authorized by:

John Njord, Executive Director

R926. Transportation, Systems Planning and Programming.

R926-12. Share the Road Bicycle Support Restricted Account.

R926-12-1. Purpose.

This rule provides procedures and requirements for an organization to apply to the Department of Transportation to receive a distribution from the Share the Road Bicycle Support Restricted Account.

R926-12-2. Authority.

This rule is enacted under the authority granted to the Department of Transportation by Section 72-2-127(6)(c).

R926-12-3. Definitions.

Terms used in these rules are defined as follows:

(a) "Share the Road Bicycle Support Restricted Account" means the restricted account created in the General Fund into which monies are deposited from the purchase of Share the Road special group license plates, appropriations by the Legislature, private contributions, and donations or grants.

(b) "Qualified applicant" means an organization that qualifies as being tax exempt under Section 501(c)(3), Internal Revenue Code, and has as part of their primary mission the promotion and education of safe bicycle operations, safe motor vehicle operation around bicycles, healthy lifestyles, and contributes to the start-up fees associated with providing a Share the Road special group license plate.

R926-12-4. Proposals.

A qualified applicant may apply to the Department of Transportation for funding from the Share the Road Bicycle Support Restricted Account for use in support of safe bicycle operation, safe motor vehicle operation around bicycles and healthy lifestyles.

An applicant shall provide to the Department as part of an application:

(a) contact information for the applicant;

(b) proof that the applicant is tax exempt under Section 501(c)(3), Internal Revenue Code;

(c) proof that the applicant promotes safe bicycle operation, safe motor vehicle operation and healthy lifestyles as a primary part of its mission;

(d) a statement of the purpose for which the application is submitted, along with an explanation of how the applicant would use a disbursement of money to promote safe bicycle operation, safe motor vehicle operation around bicycles and healthy lifestyles; and

(e) an explanation of the internal management controls and financial controls of the applicant that would insure that any funds received would be used only for authorized purposes.

R926-12-5. Selection of Recipients.

The Department shall select recipients based on available funds, eligibility of the applicant, and verification of effective and efficient use of funds to promote safe bicycle operation, safe motor vehicle operation around bicycles and healthy lifestyles.

R926-12-6. Distribution of Funds.

In April and October of each year, the Department will review applications and approve funding distribution from the Share the Road Bicycle Support Restricted Account. Notice of request status will be provided to the applicant and funding distributions made by the end of the months specified in this section.

The Department is authorized to expend up to 5% of the monies appropriated to administer account distributions to eligible applicants.

KEY: share the road, bicycle support, restricted, account

Date of Enactment or Last Substantive Amendment: 2009

Authorizing and Implemented or Interpreted Law: 72-2-127