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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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CHAPTER 184
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HOUSE BILL 2342 |
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AN ACT
amending sections 17-261, 28‑1171, 28‑1176, 28‑1177 and 28‑1178, Arizona Revised Statutes; relating to off‑highway vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 17-261, Arizona Revised Statutes, is amended to read:
17-261. Game and fish fund
On or before the fifth day of each month the department shall deposit, pursuant to sections 35‑146 and 35‑147, the monies received from section 28‑1177, from licenses, from the sale of goods or services at locations other than at shooting ranges that the commission owns and operates or from any other source under this title in a special fund known as the game and fish fund, which is set aside, appropriated and made available to the commission in carrying out the provisions of this title and in administering the off‑highway vehicle user indicia program pursuant to title 28, chapter 3, article 20, and the monies shall be used for no other purpose. Expenditures of the monies shall be under control of the budget laws of this state and no monies shall be expended from the fund except:
1. By the annual budget and to match federal grants for wildlife restoration as provided for by the legislature.
2. For emergency purposes not to exceed twenty‑five thousand dollars in any one fiscal year when authorized by the governor and the department of administration.
Sec. 2. Section 28-1171, Arizona Revised Statutes, is amended to read:
28-1171. Definitions
In this article, unless the context otherwise requires:
1. "Access road" means a multiple use corridor that meets all of the following criteria:
(a) Is maintained for travel by two-wheel vehicles.
(b) Allows entry to staging areas, recreational facilities, trail heads and parking.
(c) Is determined to be an access road by the appropriate land managing authority.
2. "Closed course" means a maintained facility that uses department approved dust abatement and fire abatement measures.
3. "Highway" means the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of conventional two-wheel drive vehicular travel. Highway does not include routes designated for off-highway vehicle use.
4. "Mitigation" means the rectification or reduction of existing damage to natural resources, including flora, fauna and land or cultural resources, including prehistoric or historic archaeological sites, if the damage is caused by off‑highway vehicles.
5. "Off‑highway recreation facility" includes off‑highway vehicle use areas and trails designated for use by off‑highway vehicles.
6. "Off‑highway vehicle":
(a) Means a motorized vehicle when that is operated primarily off of highways on land, water, snow, ice or other natural terrain or on a combination of land, water, snow, ice or other natural terrain and that is designed, modified or purpose‑built primarily for recreational nonhighway all‑terrain travel.
(b) Includes a two‑wheel, three‑wheel or four‑wheel vehicle tracked or wheeled vehicle, utility vehicle, all‑terrain vehicle, motorcycle, four‑wheel drive vehicle, dune buggy, sand rail, amphibious vehicle, ground effects or air cushion vehicle and any other means of land transportation deriving motive power from a source other than muscle or wind.
(c) Does not include a vehicle that is either:
(i) Designed primarily for travel on, over or in the water.
(ii) Used in installation, inspection, maintenance, repair or related activities involving facilities for the provision of utility or railroad service or used in the exploration or mining of minerals or aggregates as defined in title 27.
7. "Off‑highway vehicle special event" means an event that is endorsed, authorized, permitted or sponsored by a federal, state, county or municipal agency and in which the event participants operate off‑highway vehicles on specific routes or areas designated by a local authority pursuant to section 28‑627.
8. "Off‑highway vehicle trail" means a multiple use corridor that is both of the following:
(a) Open to recreational travel by an off‑highway vehicle.
(b) Designated or managed by or for the managing authority of the property that the trail traverses for off‑highway vehicle use.
9. "Off‑highway vehicle use area" means the entire area of a parcel of land, except for approved buffer areas, that is managed or designated for off‑highway vehicle use.
Sec. 3. Section 28-1176, Arizona Revised Statutes, is amended to read:
28-1176. Off‑highway vehicle recreation fund; annual reports; definition
A. An off‑highway vehicle recreation fund is established. The fund consists of:
1. Monies appropriated by the legislature.
2. Monies deposited pursuant to sections 28-1177 and 28‑5927.
3. Federal grants and private gifts.
B. Monies in the off‑highway vehicle recreation fund are appropriated to the Arizona state parks board solely for the purposes provided in this article. Interest earned on monies in the fund shall be credited to the fund. Monies in the off‑highway vehicle recreation fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
C. The Arizona game and fish department shall spend thirty-five per cent percent of the monies in the off‑highway vehicle recreation fund for:
1. Informational and educational programs related to safety, the environment and responsible use with respect to off‑highway vehicle recreation. and
2. Law enforcement activities relating to this article. and for
3. the administration of the indicia program.
4. Off‑highway vehicle law enforcement pursuant to title 17, chapter 4, article 3, including seven full-time employees to enforce this article and title 17, chapter 4, article 3.
D. The state land department shall spend five per cent percent of the monies in the off-highway vehicle recreational fund to allow occupants of off‑highway vehicles with resident or nonresident off‑highway vehicle user indicia to cross state trust land on existing roads, trails and designated routes. The state land department shall use these monies for costs associated with off-highway vehicle use of lands within its jurisdiction, to mitigate damage to the land, for necessary environmental, historical and cultural clearance or compliance activities and to fund enforcement of off‑highway vehicle laws.
E. The Arizona state parks board shall spend sixty per cent percent of the monies in the off‑highway vehicle recreation fund for the following purposes:
1. No more than twelve per cent percent to fund staff support to plan and administer the off‑highway vehicle recreation fund.
2. To establish an off-highway vehicle program based on the priorities established in the off‑highway vehicle recreational plan.
3. To designate, construct, maintain, renovate, repair or connect off‑highway vehicle routes and trails and to designate, manage and acquire land for access roads, off‑highway vehicle recreation facilities and off‑highway vehicle use areas. After expenditures pursuant to paragraph 1 of this subsection, the Arizona state parks board shall not spend more than thirty-five per cent percent of the remaining monies received pursuant to this subsection for construction of new off-highway vehicle trails.
4. For enforcement of off‑highway vehicle laws.
5. For off-highway vehicle related informational and environmental education programs, information, signage, maps and responsible use programs.
6. For the mitigation of damages to land, revegetation and the prevention and restoration of damages to natural and cultural resources, including the closure of existing access roads, off-highway vehicle use areas and off-highway vehicle routes and trails.
7. For necessary environmental, historical and cultural clearance or compliance activities.
F. The allocation of the monies in subsection E, paragraphs 3 through 7 of this section and the percentages allocated to each of the purposes prescribed in subsection E, paragraphs 3 through 7 of this section shall be based on an off‑highway vehicle recreational plan.
G. Monies in the off-highway vehicle recreation fund shall not be used to construct new off-highway vehicle trails or routes on environmentally or culturally sensitive land unless the appropriate land management agency determines that certain new trail construction would benefit or protect cultural or sensitive sites. For the purposes of this subsection, "environmentally or culturally sensitive land" means areas of lands that are either:
1. Administratively or legislatively designated by the federal government as any of the following:
(a) A national monument.
(b) An area of critical environmental concern.
(c) A conservation area.
(d) An inventoried roadless area.
2. Determined by the applicable land management agency to contain significant natural or cultural resources or values.
H. The Arizona state parks board shall examine applications for eligible projects and determine the amount of funding, if any, for each project. In determining the amount of monies for eligible projects, the Arizona state parks board shall give preference to applications for projects with mitigation efforts and for projects that encompass a large number of purposes described in subsection E, paragraphs 3 through 7 of this section.
I. Beginning September 1, 2011, and on or before September 1 of each subsequent year, each agency that receives monies from the off-highway vehicle recreation fund shall submit an off‑highway vehicle report to the president of the senate, the speaker of the house of representatives, the chairperson of the senate natural resources and rural affairs committee, or its successor committee, and the chairperson of the house of representatives natural resources and public safety committee, or its successor committee. The report shall be made available to the public. The report shall include information on all of the following if applicable:
1. The amount of monies spent or encumbered in the fund during the preceding fiscal year for the purposes of off-highway vehicle law enforcement activities.
2. The amount of monies spent from the off-highway vehicle recreation fund during the preceding fiscal year for employee services.
3. The number of full-time employees employed in the preceding fiscal year in connection with off-highway vehicle law enforcement activities.
4. The amount of monies spent from the off-highway vehicle recreation fund during the preceding fiscal year for information and education.
5. The number and specific location of verbal warnings, written warnings and citations given or issued during the preceding fiscal year.
6. A specific and detailed accounting for all monies spent in accordance with this section for construction of new off-highway vehicle trails, mitigation of damages to lands, revegetation, the prevention and restoration of damages to natural and cultural resources, signage, maps and necessary environmental, historical and cultural clearance or compliance activities.
J. For the purposes of this section, "off-highway vehicle recreational plan" means a plan that is maintained by the Arizona state parks board pursuant to section 41‑511.04.
Sec. 4. Section 28-1177, Arizona Revised Statutes, is amended to read:
28-1177. Off-highway vehicle user fee; indicia; registration; state trust land recreational permit; exception
A. A person shall not operate or allow the operation of an all‑terrain vehicle or an off-highway vehicle in this state without an either a resident or nonresident off-highway vehicle user indicia issued by the department if the all-terrain vehicle or off-highway vehicle meets both of the following criteria:
1. Is designed by the manufacturer primarily for travel over unimproved terrain.
2. Has an unladen weight of eighteen hundred pounds or less.
B. A person shall apply to the department of transportation for the a resident or nonresident off-highway vehicle user indicia by submitting an application prescribed by the department of transportation and a user fee for the indicia in an amount to be determined by the director of the department of transportation in cooperation with the director of the Arizona game and fish department and the Arizona state parks board. The resident or nonresident off‑highway vehicle user indicia is valid for one year from the date of issuance and may be renewed. The department shall prescribe by rule the design and placement of the indicia.
C. When a person pays for an a resident off-highway vehicle user indicia pursuant to this section, the person may request a motor vehicle registration if the vehicle meets all equipment requirements to be operated on a highway pursuant to article 16 of this chapter. If a person submits a signed affidavit to the department affirming that the vehicle meets all of the equipment requirements for highway use and that the vehicle will be operated primarily off of highways, the department shall register the vehicle for highway use and the vehicle owner is not required to pay the registration fee prescribed in section 28‑2003. This subsection does not apply to vehicles that as produced by the manufacturer meet the equipment requirements to be operated on a highway pursuant to article 16 of this chapter.
D. The director shall deposit, pursuant to sections 35‑146 and 35‑147, seventy per cent percent of the user fees collected pursuant to this section in the off-highway vehicle recreation fund established by section 28-1176 and thirty per cent percent of the user fees collected pursuant to this section in the Arizona highway user revenue fund.
e. The Arizona game and fish department may provide for the purchase of nonresident off-highway vehicle user indicia and may impose an additional service fee in an amount to be determined by the Arizona game and fish commission by rule. The Arizona game and fish department shall deposit, pursuant to sections 35‑146 and 35‑147, the service fees collected pursuant to this subsection in the game and fish fund established by section 17‑261.
E. F. An occupant of an off-highway vehicle with a resident or nonresident off‑highway vehicle user indicia issued pursuant to this section who crosses state trust lands must comply with all of the rules and requirements under a state trust land recreational permit. All occupants of an off-highway vehicle with a resident or nonresident off‑highway vehicle user indicia shall obtain a state trust land recreational permit from the state land department for all other authorized recreational activities on state trust land.
F. G. This section does not apply to off-highway vehicles, all‑terrain vehicles or off-road recreational motor vehicles that are used off-highway exclusively for agricultural, ranching, construction, mining, mining exploration or building trade purposes.
h. In consultation with the department of transportation, the Arizona game and fish department may adopt rules necessary to implement this section.
Sec. 5. Section 28-1178, Arizona Revised Statutes, is amended to read:
28-1178. Operation of off-highway vehicles; exceptions
A person may operate an all-terrain vehicle or an off-highway vehicle in this state without an a resident or nonresident off-highway vehicle user indicia issued pursuant to section 28‑1177 if any of the following applies:
1. The person is participating in an off-highway special event.
2. The person is operating an all-terrain vehicle or an off-highway vehicle on private land.
3. The person is loading or unloading an all-terrain vehicle or an off-highway vehicle from a vehicle.
4. During a period of emergency or if the operation is directed by a peace officer or other public authority.
5. All of the following apply:
(a) The person is not a resident of this state.
(b) The person owns the vehicle.
(c) The vehicle displays a current off-highway vehicle user indicia or registration from the person's state of residency.
(d) The vehicle is not in this state for more than thirty consecutive days.
5. The vehicle displays a valid dealer license plate that the department issues pursuant to section 28‑4533.
APPROVED BY THE GOVERNOR APRIL 11, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 11, 2018.