1. (1) The motorcycle operator safety training fund is hereby created in the state treasury. The fund consists of money collected under sections 42-2-114 (2)(d), 42-2-118 (1)(b)(II), and 42-3-304 (4). The money in the fund is available immediately, without further appropriation, for allocation by the chief to the office to be used for the implementation and administration of the program. Money credited to the fund remains in the fund at the end of each fiscal year and is not transferred to any other fund.
2. (2) The chief, the program coordinator, or a MOST vendor shall not expend or credit moneys for MOST vendor operating expenses or reimburse motorcycles, helmets, textbooks, and other capital expenses incurred by MOST vendors, excluding the travel costs of mobile training.
3. (3) The chief or his or her designee may accept, on behalf of and in the name of the state, gifts, donations, and grants for any purpose connected with the program. Any property so given shall be held by the state treasurer, but the chief or his or her designee may direct the disposition of any property so given for any purpose consistent with the terms and conditions under which the gift was made.

4. (4)

   1. (a) Notwithstanding any provision of this section to the contrary, the chief may expend money from the fund for a tuition benefit paid to MOST vendors to be passed on to eligible students in the form of reduced costs for eligible courses as provided in this subsection (4).
   2. (b) To be eligible to receive a tuition benefit to pass on to eligible students, a MOST vendor shall provide a receipt establishing that the tuition benefit was passed on to an eligible student who fully completed the training and any other documentation required by the chief as established by rule.

   3. (c) The chief shall determine the allocation for a MOST vendor for the tuition benefit allowed in this subsection (4) based on the following factors, or as otherwise provided by rule:

      1. (I) The amount of money in the fund;
      2. (II) For a MOST vendor that has been certified for over two years, the historical data for eligible students and eligible courses over the previous two years; or
      3. (III) For a MOST vendor that has been certified for two years or less, the available historical data for eligible students and eligible courses or an estimate of the eligible students and eligible courses.

   4. (d) As used in this subsection (4), unless the context otherwise requires:

      1. (I) Eligible course means a certified motorcycle operator safety training course that meets all requirements established by rule.
      2. (II) Eligible student means an individual who is eligible to enroll in an eligible course and who meets all other requirements established by rule.
   5. (e) The chief may adopt rules as necessary for the implementation of this subsection (4).

Source: L. 94: Entire part added with relocations, p. 2541, § 4, effective January 1, 1995. L. 2000: Entire section amended, p. 262, § 5, effective July 1. L. 2005: Entire section amended, p. 1185, § 39, effective August 8. L. 2013: Entire section amended, (HB 13-1083), ch. 86, p. 275, § 4, effective August 7. L. 2014: (1) amended, (HB 14-1066), ch. 290, p. 1189, § 3, effective July 1. L. 2017: Entire section amended, (SB 17-243), ch. 256, p. 1072, § 4, effective January 1, 2018. L. 2025: (4) added, (SB 25-187), ch. 343, p. 1864, § 5, effective August 6.

Editor's note: This section is similar to former § 42-4-1704 as it existed prior to 1994.