Assigned to TRANSIT AS
PASSED BY COW
Assigned to TRANSIT AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
off-highway vehicles; definition; user indicia
Purpose
Allows a nonresident to apply for off-highway vehicle user indicia.
Background
An all-terrain vehicle that is also classified as a recreational off-highway vehicle must satisfy the following requirements: 1) be designed for all-terrain, nonhighway travel; 2) be 65 inches or less in width; 3) have an unladen weight of 1,800 pounds or less; and 4) travel on four or more nonhighway tires. An all-terrain vehicle that is also classified as a motor vehicle must satisfy the following requirements: 1) be designed for all-terrain, nonhighway travel; 2) be 50 inches or less in width; 3) have an unladen weight of 1,200 pounds or less; and 4) travel on three or more nonhighway tires (A.R.S. § 28-101).
A person is prohibited from operating an all-terrain vehicle or an off-highway vehicle in Arizona without an off-highway vehicle user indicia issued by the Arizona Department of Transportation (ADOT) for a qualified, all-terrain or off-highway vehicle. A person does not need an off-highway vehicle user indicia if all of the following apply: 1) the person is not a resident of Arizona; 2) the person owns the vehicle; 3) the vehicle displays the user indicia from the person's place of residency; and 4) the vehicle is not in Arizona for more than 30 consecutive days. The Off-Highway Vehicle Recreation Fund is statutorily established and consists of monies appropriated by the Legislature, monies from off-highway vehicle user indicia fees, monies from motor vehicle fuel taxes and federal grants, and private gifts (A.R.S. §§ 28-1176; 28-1177; and 28‑1178).
There is no anticipated fiscal impact on the state General Fund associated with this legislation.
Provisions
1. Authorizes the Arizona Game and Fish Department (AZGFD) to sell non-resident off-highway vehicle user indicia.
2. Permits AZGFD to impose an additional service fee set by the Arizona Game and Fish Commission in rule and requires monies from the fees to be deposited into the Game and Fish Fund.
3. Includes administration of the indicia program in uses permitted of monies:
a) in the Off-Highway Vehicle Recreation Fund that are allocated for AZGFD educational and enforcement activities; and
b) in the Game and Fish Fund.
4. Provides the option for nonresident off-highway vehicle user indicia to satisfy an off-highway vehicle or all-terrain vehicle user indicia requirement.
5. Exempts a vehicle with a valid motor vehicle dealer license plate from the requirement for a resident or nonresident off-highway user indicia.
6. Modifies the definition of an off-highway vehicle to specify that an off-highway vehicle is designed, modified or purpose-built primarily for recreational non-highway all-terrain travel and includes a tracked or wheeled vehicle, utility vehicle, sand rail or all-terrain vehicle.
7. Allows AZGFD to adopt rules for resident and nonresident off-highway vehicle user indicia in consultation with ADOT.
8. Prohibits a person from allowing operation of an all-terrain vehicle without non-highway vehicle user indicia.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
Allows AZGFD to impose additional service fees.
Requires the monies collected from services fees to be deposited into the Game and Fish Fund.
Allows monies in the Game and Fish Fund to be used for the indicia program.
Makes conforming changes.
House Action Senate Action
TI 2/14/18 DPA 7-1-0-0 TRANSIT 3/6/18 DP 7-0-0
3rd Read 2/20/18 59-0-1
Prepared by Senate Research
March 21, 2018
KN/CU/lb