Assigned to APPROP AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1377
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. FACT SHEET – Amended
S.B. 1377
Page 2
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 a person to complete an educational course of instruction in OHV safety and
environmental ethics and provide proof to the Arizona Department of Transportation (ADOT)
before ADOT can issue a resident or nonresident OHV indicia.
10. 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.
11. Asserts that all OHV operators and passengers assume all risks of personal injury or death
associated with recreational use on public or private land.
12. 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.
13. 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.
14. Modifies the definition of off-highway vehicle trail.
15. Makes technical and conforming changes.
16. 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. FACT SHEET – Amended
S.B. 1377
Page 3
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.
Senate Action
APPROP 2/8/22 DPA 8-2-0
Prepared by Senate Research
February 9, 2022
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