SB 1335 — off-highway vehicle recreation fund

SB1335 - 551R - IS Ver       REFERENCESenate TITLE:Engrossed   off-highway vehicle recreation fund         State of Arizona Senate Fifty-fifth Legislature First Regular Session       SENATE BILL 1335       AN ACT   amending section 28-1176, Arizona Revised Statutes;

off-highwayrelating vehicleto recreationoff-highway fundvehicles.         State of Arizona Senate Fifty-fifth Legislature First Regular Session       SB 1335   Introduced by Senator Gowan     AN ACT   amending section 28‑1176, Arizona Revised Statutes;

relating to off‑highway vehicles.

Section 1.  SectionSection 1. 28-1176, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1176.  Off‑highwaySection vehicle28-1176, recreationArizona fund;Revised Statutes, is amended to read:

START_STATUTE28-1176.

Off-highway vehicle recreation fund;

definition A.  AnA. off‑highway vehicle recreation fund is established.  The fund consists of:

1.  MoniesAn appropriatedoff-highway byvehicle therecreation legislature.fund is established.

2.  MoniesThe depositedfund pursuantconsists toof: sections 28‑1177 and 28‑5927.

3.  Federal1. grants and private gifts.

B.  MoniesMonies in the off‑highway vehicle recreation fund are appropriated toby the Arizonalegislature. 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.  The2. Arizona game and fish department shall spend thirty-five percent of the monies in the off‑highway vehicle recreation fund for:

1.  InformationalMonies anddeposited educationalpursuant programs related to safety,sections the28-1177 environment and responsible28-5927. use with respect to off‑highway vehicle recreation.

2.  Law3. enforcement activities relating to this article.

3.  TheFederal administrationgrants ofand theprivate off-highwaygifts. vehicle user indicia program.

4.  Off‑highwayB. 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.  TheMonies state land department shall spend five percent of the monies in the off‑highwayoff-highway vehicle recreationalrecreation fund toare allowappropriated occupantsto ofthe off‑highwayArizona vehiclesstate withparks residentboard orsolely nonresidentfor off‑highwaythe vehiclepurposes userprovided indiciain tothis crossarticle.  stateInterest trustearned land on existingmonies roads,in trailsthe andfund designated routes.  The state land department shall usebe thesecredited moniesto forthe costsfund.  associatedMonies within the off-highway vehicle userecreation offund landsare withinexempt itsfrom jurisdiction, to mitigate damage to the land,provisions forof necessarysection environmental,35-190 historicalrelating and cultural clearance or compliance activities and to fundlapsing enforcement of off‑highwayappropriations. vehicle laws.

E.  TheC. Arizona state parks board shall spend sixty percent of the monies in the off‑highway vehicle recreation fund for the following purposes:

1.  NoThe NotArizona moregame thanand twelvefish percentdepartment toshall fundspend staffthirty-five supportpercent toof planthe andmonies administerin the off‑highwayoff-highway vehicle recreation fund.fund for:

2.  To1. establish an off-highway vehicle program based on the priorities established in the off‑highway vehicle recreational plan.

3.  ToInformational designate, construct, maintain, renovate, repair or connect off‑highway vehicle routes and trailseducational andprograms related to designate,safety, managethe andenvironment acquire land for access roads, off‑highway vehicle recreation facilities and off‑highwayresponsible vehicle use areas. with Afterrespect expenditures pursuant to paragraph 1 of this subsection, the Arizona state parks board shall not spend more than thirty-five percent of the remaining monies received pursuant to this subsection for construction of new off-highway vehicle trails.recreation.

4.  For2. enforcement of off‑highway vehicle laws.

5.  ForLaw off‑highwayenforcement vehicleactivities relatedrelating informationalto andthis environmentalarticle. education programs, information, signage, maps and responsible use programs.

6.  For3. 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.  ForThe necessaryadministration environmental,of historicalthe andoff-highway culturalvehicle clearanceuser orindicia complianceprogram. activities.

F.  The4. 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.  MoniesOff-highway in the off-highway vehicle recreationlaw fundenforcement shallpursuant not be used to constructtitle new17, off-highwaychapter vehicle4, trailsarticle or3, routesincluding onseven environmentallyfull-time oremployees culturallyto sensitiveenforce 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,article "environmentallyand ortitle culturally17, sensitivechapter land"4, meansarticle areas3. of lands that are either:

1.  AdministrativelyD. or legislatively designated by the federal government as any of the following:

(a)  AThe nationalstate monument.land department shall spend five 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.

(b)  AnThe areastate land department shall use these monies for costs associated with off-highway vehicle use of criticallands environmentalwithin concern.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.

(c)  AE. conservation area.

(d)  AnThe inventoriedArizona roadlessstate area.parks board shall spend sixty percent of the monies in the off-highway vehicle recreation fund for the following purposes:

2.  Determined1. by the applicable land management agency to contain significant natural or cultural resources or values.

H.  TheNo ArizonaNot statemore parksthan boardtwelve shallpercent examineto applicationsfund forstaff eligiblesupport 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 applicationsplan for projects with mitigation efforts and foradminister projectsthe thatoff-highway encompassvehicle arecreation largefund. number of purposes described in subsection E, paragraphs 3 through 7 of this section.

I.  Beginning2. 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 on the department's website.  The report shall include information on all of the following if applicable:

1.  TheTo amountestablish ofan moniesoff-highway spentvehicle orprogram encumberedbased inon the fundpriorities duringestablished thein preceding fiscal year for the purposes of off-highway vehicle lawrecreational enforcementplan. activities.

2.  The3. amount of monies spent from the off‑highway vehicle recreation fund during the preceding fiscal year for employee services.

3.  TheTo numberdesignate, ofconstruct, full-timemaintain, employeesrenovate, employedrepair inor theconnect precedingoff-highway fiscalvehicle yearroutes inand connectiontrails withand to designate, manage and acquire land for access roads, off-highway vehicle lawrecreation enforcementfacilities activities.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 percent of the remaining monies received pursuant to this subsection for construction of new off-highway vehicle trails.

4.  The4. amount of monies spent from the off-highway vehicle recreation fund during the preceding fiscal year for information and education.