Arizona 2023 Regular Session

Arizona Senate Bill SB1393 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: off-highway vehicle user fees State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1393 Introduced by Senator Kerr An Act amending section 28-1177, Arizona Revised Statutes; amending title 28, chapter 3, article 20, Arizona Revised Statutes, by adding section 28-1182; amending section 28-6501, Arizona Revised Statutes; relating to off-highway vehicles. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: off-highway vehicle user fees
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64	64	An Act
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68	68	amending section 28-1177, Arizona Revised Statutes; amending title 28, chapter 3, article 20, Arizona Revised Statutes, by adding section 28-1182; amending section 28-6501, Arizona Revised Statutes; relating to off-highway vehicles.
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-1177, Arizona Revised Statutes, is amended to read: START_STATUTE28-1177. 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 either a valid 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 two thousand five hundred pounds or less. B. A person shall apply to the department of transportation for 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 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 are not off-highway vehicles. D. The director shall deposit, pursuant to sections 35-146 and 35-147, seventy percent of the user fees collected pursuant to this section in the off-highway vehicle recreation fund established by section 28-1176 and thirty percent of the user fees collected pursuant to this section in the Arizona highway user revenue off-highway vehicle law enforcement safety fund established by section 28-1182. 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. 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. 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. END_STATUTE Sec. 2. Title 28, chapter 3, article 20, Arizona Revised Statutes, is amended by adding section 28-1182, to read: START_STATUTE28-1182. Off-highway vehicle law enforcement safety fund A. The off-highway vehicle law enforcement safety fund is established consisting of: 1. Monies appropriated by the legislature. 2. Monies deposited pursuant to section 28-1177. 3. Federal grants. 4. Private gifts. B. Monies in the off-highway vehicle law enforcement safety fund are continuously appropriated and shall be distributed to each county sheriff's office solely for the purposes provided in this article. The state treasurer shall administer the fund. Interest earned on monies in the fund shall be credited to the fund. Monies in the off-highway vehicle law enforcement safety fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. C. The state treasurer shall distribute the monies monthly to the sheriffs' offices in each county in the following percentages: 1. Apache 3% 2. Cochise 4% 3. Coconino 18% 4. Gila 5% 5. Graham 3% 6. Greenlee 3% 7. La paz 4% 8. Maricopa 11% 9. Mohave 12% 10. Navajo 4% 11. Pima 5% 12. Pinal 9% 13. Santa cruz 3% 14. Yavapai 13% 15. Yuma 3%END_STATUTE Sec. 3. Section 28-6501, Arizona Revised Statutes, is amended to read: START_STATUTE28-6501. Definition of highway user revenues In this article, unless the context otherwise requires or except as otherwise provided by statute, "highway user revenues" means all monies received in this state from licenses, taxes, penalties, interest and fees authorized by the following: 1. Chapters 2, 7, 8 and 15 of this title, except for: (a) The special plate administration fees prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2470.17 and 28-2514. (b) The donations prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2415, 28-2417 through 28-2470.17, 28-2473, 28-2474, 28-2475 and 28-2476. 2. Section 28-1177. 3. 2. Chapters 10 and 11 of this title. 4. 3. Chapter 16, articles 1, 2 and 4 of this title, except as provided in sections 28-5926 and 28-5927. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 28-1177, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE28-1177. Off-highway vehicle user fee; indicia; registration; state trust land recreational permit; exception
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86	86	A. A person shall not operate or allow the operation of an all-terrain vehicle or an off-highway vehicle in this state without either a valid 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:
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88	88	1. Is designed by the manufacturer primarily for travel over unimproved terrain.
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90	90	2. Has an unladen weight of two thousand five hundred pounds or less.
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92	92	B. A person shall apply to the department of transportation for 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.
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94	94	C. When a person pays for 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 are not off-highway vehicles.
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96	96	D. The director shall deposit, pursuant to sections 35-146 and 35-147, seventy percent of the user fees collected pursuant to this section in the off-highway vehicle recreation fund established by section 28-1176 and thirty percent of the user fees collected pursuant to this section in the Arizona highway user revenue off-highway vehicle law enforcement safety fund established by section 28-1182.
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98	98	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.
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100	100	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.
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102	102	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.
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104	104	H. In consultation with the department of transportation, the Arizona game and fish department may adopt rules necessary to implement this section. END_STATUTE
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106	106	Sec. 2. Title 28, chapter 3, article 20, Arizona Revised Statutes, is amended by adding section 28-1182, to read:
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108	108	START_STATUTE28-1182. Off-highway vehicle law enforcement safety fund
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110	110	A. The off-highway vehicle law enforcement safety fund is established consisting of:
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112	112	1. Monies appropriated by the legislature.
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114	114	2. Monies deposited pursuant to section 28-1177.
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116	116	3. Federal grants.
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118	118	4. Private gifts.
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120	120	B. Monies in the off-highway vehicle law enforcement safety fund are continuously appropriated and shall be distributed to each county sheriff's office solely for the purposes provided in this article. The state treasurer shall administer the fund. Interest earned on monies in the fund shall be credited to the fund. Monies in the off-highway vehicle law enforcement safety fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
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122	122	C. The state treasurer shall distribute the monies monthly to the sheriffs' offices in each county in the following percentages:
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124	124	1. Apache 3%
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126	126	2. Cochise 4%
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128	128	3. Coconino 18%
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130	130	4. Gila 5%
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132	132	5. Graham 3%
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134	134	6. Greenlee 3%
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136	136	7. La paz 4%
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138	138	8. Maricopa 11%
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140	140	9. Mohave 12%
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142	142	10. Navajo 4%
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144	144	11. Pima 5%
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146	146	12. Pinal 9%
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148	148	13. Santa cruz 3%
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150	150	14. Yavapai 13%
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152	152	15. Yuma 3%END_STATUTE
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154	154	Sec. 3. Section 28-6501, Arizona Revised Statutes, is amended to read:
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156	156	START_STATUTE28-6501. Definition of highway user revenues
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158	158	In this article, unless the context otherwise requires or except as otherwise provided by statute, "highway user revenues" means all monies received in this state from licenses, taxes, penalties, interest and fees authorized by the following:
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160	160	1. Chapters 2, 7, 8 and 15 of this title, except for:
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162	162	(a) The special plate administration fees prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2470.17 and 28-2514.
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164	164	(b) The donations prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2415, 28-2417 through 28-2470.17, 28-2473, 28-2474, 28-2475 and 28-2476.
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166	166	2. Section 28-1177.
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168	168	3. 2. Chapters 10 and 11 of this title.
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170	170	4. 3. Chapter 16, articles 1, 2 and 4 of this title, except as provided in sections 28-5926 and 28-5927. END_STATUTE