Bill
Number: S.B. 1377
Kerr
Floor Amendment
Reference
to: APPROPRIATIONS Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Replaces
drive an off-highway vehicle (OHV) with operating or allowing the operation of
an OHV relating to restrictions of operating an OHV.
2. Requires
a person, after January 1, 2022, complete the educational course of instruction
in OHV safety and environmental ethics and provide the Arizona Department of
Transportation proof of the completion before ADOT can issue the person an OHV
indicia.
3. Requires
ADOT to share with the Arizona Game and Fish Department of all OHV data
relating to persons completing the education course and all indicias issued.
4. Requires
ADOT, by December 1, 2024, submit a report on the results from implementing the
education course requirement that includes revenues and costs and any
recommendations to the Governor, the President of the Senate, the Speaker of
the House of Representatives and provide a copy to the Secretary of State.
5. Repeals
the section relating to OHV safety education
course on June 1, 2025.
Page 1, strike lines 1 through 6, insert:
"Page
2, between lines 8 and 9, insert:
"Sec. 2. Section
28-1174, Arizona Revised Statutes, is amended to read:
START_STATUTE28-1174. Operation
restrictions; violation; classification
A. A
person shall not drive operate or allow the
operation of an off-highway vehicle:
1. With
reckless disregard for the safety of persons or property.
2. Off
of an existing road, trail or route in a manner that causes damage to wildlife
habitat, riparian areas, cultural or natural resources or property or
improvements.
3. On
roads, trails, routes or areas closed as indicated in rules or regulations of a
federal agency, this state, a county or a municipality or by proper posting if
the land is private land.
4. Over
unimproved roads, trails, routes or areas unless driving on roads, trails,
routes or areas where such driving is allowed by rule or regulation.
B. A
person shall drive operate or allow the
operation of an off-highway vehicle only on roads, trails, routes or
areas that are opened as indicated in rules or regulations of a federal agency,
this state, a county or a municipality.
C. A
person shall not operate or allow the operation of an
off-highway vehicle in a manner that damages the environment, including
excessive pollution of air, water or land, abuse of the watershed or cultural
or natural resources or impairment of plant or animal life, where it is
prohibited by rule, regulation, ordinance or code.
D. A
person shall not place or remove a regulatory sign governing off-highway
vehicle use on any public or state land. This subsection does not apply to an
agent of an appropriate federal, state, county, town or city agency operating
within that agency's authority.
E. A
person who violates subsection A, paragraph 1 is guilty of a class 2
misdemeanor.
F. A
person who violates any other provision of this section is guilty of a class 3
misdemeanor.
G. In
addition to or in lieu of a fine pursuant to this section, a judge may order
the person to perform at least eight but not more than twenty-four hours
of community restitution or to complete an approved safety course related to
the off-highway operation of motor vehicles, or both.
H. Subsections
A and B do not prohibit a private landowner or lessee from performing normal
agricultural or ranching practices while operating an all-terrain vehicle or an
off-highway vehicle on the private or leased land. END_STATUTE
Renumber to
conform"
Page 1, between
lines 14 and 15, insert:
"After
line 43, insert:
"Sec. 7. Off-highway vehicle user indicia; education requirement; report;
delayed repeal
A. From
and after December 31, 2022, a person must complete the educational course of
instruction in off-highway vehicle safety and environmental ethics as
prescribed in section 28-1175, Arizona Revised Statutes, and provide to
the department of transportation proof of the completion before the department
of transportation may issue a resident or nonresident off-highway vehicle
user indicia to the person pursuant to section 28-1177, Arizona Revised
Statutes, as amended by this act. The department of transportation shall share
with the Arizona game and fish department all off-highway vehicle data
relating to persons who have provided proof of completion of the education
course prescribed by this subsection and all user indicias issued by the
department of transportation pursuant to this subsection.
B. On
or before December 1, 2024, the department of transportation shall submit a
report regarding the results of implementing the education requirement
prescribed in subsection A of this section, including the revenues and costs
associated with the implementation and any recommendations for administrative
or legislative action, to the governor, the president of the senate and the
speaker of the house of representatives and provide a copy of this report to
the secretary of state.
C. This
section is repealed from and after May 31, 2025."
Amend title to conform