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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
off-highway vehicle user fees
Purpose
Establishes the Off-Highway Vehicle Law Enforcement Safety Fund (Fund) to distribute a percentage of off-highway user fees to each county sheriff's office, as prescribed.
Background
A person may not operate or allow the operation of an all-terrain or off-highway vehicle in Arizona without a resident or nonresident off-highway vehicle user indicia issued by the Arizona Department of Transportation (ADOT), if the all-terrain or off-highway vehicle is designed primarily for travel over unimproved terrain and has an unladen weight of 2,500 pounds or less. A person must submit an application prescribed by ADOT and a user fee for the indicia in an amount determined by the Director of ADOT (Director) in cooperation with the Director of the Arizona Game and Fish Department and the Arizona State Parks Board.
The Director must deposit 70 percent of the collected user fees in the Off-Highway Vehicle Recreation Fund and 30 percent of the collected user fees in the Arizona Highway User Revenue Fund (A.R.S. § 28-1177).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Director of ADOT to deposit 30 percent of collected user fees in the Off-Highway Vehicle Law Enforcement Safety Fund, rather than the Arizona Highway User Revenue Fund.
2. Establishes the Off-Highway Vehicle Law Enforcement Safety Fund consisting of off-highway vehicle user fees, legislative appropriations, federal grants and private gifts.
3. Requires the State Treasurer to administer the Fund and make monthly distributions to the county sheriffs' offices solely for off-highway vehicle purposes in the following percentages:
a) 3 percent to Apache County;
b) 4 percent to Cochise County;
c) 18 percent to Coconino County;
d) 5 percent to Gila County;
e) 3 percent Graham County;
f) 3 percent to Greenlee County;
g) 4 percent to La Paz County;
h) 11 percent to Maricopa County;
i) 12 percent to Mohave County;
j) 4 percent to Navajo County;
k) 5 percent to Pima County;
l) 9 percent to Pinal County;
m) 3 percent to Santa Cruz County;
n) 13 percent to Yavapai County; and
o) 3 percent to Yuma County.
4. Restricts a vehicle that is not an off-highway vehicle, rather than a vehicle that meets the equipment requirements for highway use, from being registered for both resident off-highway use and highway use.
5. Specifies that a resident or nonresident off-highway vehicle user indicia must be valid for a person to operate an all-terrain or off-highway vehicle.
6. Requires interest earned on Fund monies to be credited to the Fund.
7. Specifies that Fund monies are continuously appropriated and exempt from lapsing.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2023
KJA/sr