ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: APPROP DPA 8-2-0-0| 3^rd Read 18-10-2-0

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SB 1377: off-highway vehicles; fund; instruction; operation

Sponsor: Senator Kerr, LD 13

Committee on Transportation

Overview

Changes the distribution of monies in the Off Highway Vehicle Recreation Fund (Fund) and how monies in the Fund must be used.

History

An off-highway vehicle (OHV) is defined as a motorized vehicle that is operated primarily off of highways and that is designed, modified or purpose-built primarily for recreational non-highway all-terrain travel (A.R.S. § 28-1171). The fund consists of monies from legislative appropriations, OHV user indicia fees, motor vehicle fuel taxes, federal grants and private gifts. Monies from the Fund are distributed, based on specified percentages of the monies in the Fund, to the Arizona Game and Fish Department, the Arizona State Land Department and the Arizona State Parks Board (Board) (A.R.S. § 28-1176).

Provisions

1. Changes the prohibited acts for a driver of an OHV to now relate to an operator of the vehicle as well as someone allowing the operation of an OHV. (Sec. 2)

2. Clarifies the Arizona Department of Game and Fish is responsible for the administration of the OHV user indicia program. (Sec. 3)

3. Changes the amount of OHV law enforcement from 7 to up to 14 full-time employees. (Sec. 3)

4. Increases the required percentage of Fund monies the Arizona State Land Department must spend on trails from 5% to 15% and requires the monies to address the impact on the State Land Department Lessees. (Sec. 3)

5. Lessens the amount of monies in the Fund that will be spent on OHV activities from 60% to 50%. (Sec. 3)

6. Decreases the monies appropriated to fund staff support to plan and administer the Fund from 12% to 10% of the Fund. (Sec. 3)

7. Asserts any designation or acquisition of land for OHV trails and facilities must be approved at a public meeting of the Board. (Sec. 3)

8. Requires the Board to spend at least 10% of monies from the Fund for enforcement of OHV laws. (Sec. 3)

9. States the Board must spend at least 10% of Fund monies for state land lessee impacts. (Sec. 3)

10. Includes projects that address impacts to state land lessees, non-federal projects and projects where federal entities work with state and local entities with the projects that the Board gives priority to. (Sec. 3)

11. Requires the annual OHV report to include the number and status of OHV vehicle injury claims filed in this state. (Sec. 3)

12. Removes the requirement that a specific amount of user fees be deposited in the Fund and the Arizona Highway User Revenue Fund. (Sec. 4)

13. States all OHV operators and passengers owe a duty of ordinary care in the recreational use of an OHV. (Sec. 5)

14. States landowners and their authorized lessees, unless they are grossly negligent, do not have a duty to keep lands safe for entry and use by recreational users. (Sec. 5)

15. Asserts before a person may rent or sell an OHV vehicle to a customer, the person must provide the customer with approved OHV safety and environmental educational materials. (Sec. 5)

16. Defines pertinent terms. (Sec. 1, 6)

17. Makes technical and conforming changes. (Sec. 2, 3, 6)

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                  SB 1377

Initials AC/JL        Page 0 Transportation

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