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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
off-highway vehicles; fund
Purpose
Outlines changes to the distribution of monies in the Off-Highway Vehicle Recreation Fund (Fund) and allowable uses of Fund monies.
Background
An off-highway vehicle trail is a multiple use corridor that is open to recreational travel by an off-highway vehicle and designated or managed by or for the managing authority of the property that the trail traverses for off-highway vehicle (OHV) use (A.R.S. § 28-1171).
The Fund consists of legislative appropriations, monies from OHV user indicia fees, monies from motor vehicle fuel taxes, federal grants and private gifts. Fund monies are distributed to the following agencies for specified purposes, including program administration, law enforcement and OHV trail maintenance: 1) 35 percent to the Arizona Game and Fish Department; 2) 5 percent to the Arizona State Land Department; and 3) 60 percent to the Arizona State Parks Board.
Each agency receiving monies from the Fund is required to submit an annual OHV report to the Legislature by September 1 of each of year and make the report available to the public. The report must include, if applicable: 1) the amount of monies spent or encumbered for OHV law enforcement activities; 2) the amount of monies spent for employee services; 3) the number of full-time employees (FTEs) employed in connection with OHV law enforcement activities; 4) the amount of monies spent for information and education; 5) information about verbal and written warnings and citations given or issued; and 6) a specified and detailed accounting for all monies spent for construction of new OHV trails, mitigation of damages to lands, revegetation, prevention and restoration of natural and cultural resources, signage, maps and necessary environmental, historical and cultural clearance or compliance activities (A.R.S. §§ 28-1176 and 28-1177).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from 7 to 14, the number of FTEs the Arizona Game and Fish Department may employ to enforce OHV laws.
2. Increases, from 5 percent to 15 percent, the required percentage of Fund monies the Arizona State Land Department must spend on trails.
3. Lowers, from 60 percent to 50 percent, the required percentage the Arizona State Parks Board may spend from the Fund on OHV related activities.
4. Lowers, from up to 12 percent to up to 10 percent, the percentage the Arizona State Parks Board may spend from the Fund on administration.
5. Requires the Arizona State Parks Board to spend at least 10 percent of Fund monies on enforcement of OHV laws and at least 10 percent for state land lessee impacts.
6. Requires any designation or acquisition of land for OHV to be approved at an Arizona State Parks Board public meeting.
7. Requires the Arizona State Parks Board, in determining the amount of monies for eligible projects, to give preference to applications for projects with mitigation efforts, for projects that address impacts to state land lessees, for nonfederal projects and for projects where federal entities work with state and local entities.
8. Adds the number and status of filed OHV injury claims filed in the state to Fund reporting requirements.
9. Requires the Director of the ADOT to deposit all OHV user fees into the Fund, rather than 70 percent to the Fund and 30 percent into the Highway User Revenue Fund.
10. Requires a person, after January 1, 2023, to complete the educational course of the instruction in OHV safety and environmental ethics and provide the Arizona Department of Transportation (ADOT) proof of the completion before ADOT can issue a person an OHV indicia.
11. Requires ADOT to share with the Arizona Game and Fish Department all OHV data relating to persons completing the education course and all indicias issued.
12. Requires ADOT, by December 1, 2024, to submit a report on the results from implementing the education course requirement that includes revenues and costs and any recommendations to the Governor, President of the Senate, Speaker of the House of Representatives and provide a copy to the Secretary of State.
13. Asserts that all OHV operators and passengers owe a duty of ordinary care in the recreational use of OHVs on public, state or private land.
14. Specifies that landowners and authorized lessees do not have a duty to keep lands safe for entry and use by recreational users or to warn of or maintain lands and trails against unsafe conditions.
15. Requires a person to provide a customer with OHV safety and environmental educational materials that are approved by the Arizona Game and Fish Department before renting or selling an OHV to the customer.
16. Repeals the section relating to OHV safety education course on June 1, 2025.
17. Replaces drive an OHV with operating or allowing the operation of an OHV relating to statutory restrictions of operating an OHV.
18. Modifies the definition of off-highway vehicle trail.
19. Makes technical and conforming changes.
20. Becomes effective on the general effective.
Amendments Adopted by Committee
1. Requires a person to complete an educational course in OHV safety and environmental ethics before being issued an OHV indicia.
2. Requires a person to provide a customer with OHV safety and environmental educational materials before renting or selling an OHV to the customer.
3. Makes conforming changes.
Amendments Adopted by Committee of the Whole
1. Applies this legislation to a person applying for an indicia relating to the educational course requirements begin January 1, 2023.
2. Outlines reporting and data sharing requirements for ADOT.
3. Repeals the section relating to OHV safety education course on June 1, 2025.
4. Removes the stipulation that all OHV operators and passengers assume all risks of personal injury or death associated with recreational use on public, state or private land.
5. Asserts all OHV operators and passengers owe a duty of ordinary care in the recreational use of OHVs on public, state or private land.
6. Makes conforming changes.
Senate Action
APPROP 2/8/22 DPA 8-2-0
Prepared by Senate Research
February 24, 2022
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