SB 1377
Initials AC Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: APPROP DPA 8-2-0-0 | 3
rd
Read 18-10-2-0
House: TRANS DP 9-3-0-0
SB 1377: off-highway vehicles; fund; instruction; operation
Sponsor: Senator Kerr, LD 13
Caucus & COW
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. States that 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) SB 1377
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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. Requires the Director of ADOT to deposit all OHV user fees into the Fund, rather than 70% to
the Fund and 30% into the 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. States that 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)