SB 1052 — all-terrain vehicles; definition

House Engrossed Senate BillEngrossed all-terrain vehicles;

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4.

Legislative intent The legislature intends that:

1.

After the effective date of this act the Arizona state parks board continues to use the increased user fees described in section 5 of this act for the purposes described in section 5, subsection A of this act.

2.

The increase in the user fees described in section 5 of this act shall be used to protect private property rights and personal property that is located on real property from any damage that is caused by an operator's unintentional or intentional misuse of an all-terrain vehicle.

Any additional increase in the user fees beyond the increase described in section 5 of this act shall be used as prescribed in section 28-1177, Arizona Revised Statutes, as amended by this act.

3.

The user fees described in section 5 of this act place the responsibility on the all-terrain vehicle community to fund increased law enforcement resources to enable law enforcement to better identify and fine persons who violate the laws and to provide additional resources to the off-highway vehicle recreation fund established by section 28-1176, Arizona Revised Statutes, to mitigate any private property damage that is caused by all-terrain vehicle operators.

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1052 Sec.

5.

Conditional enactment;

notice;

definition A.

This act does not become effective unless on or before September 1, 2027 the department of transportation increases the user fees for a resident off-highway vehicle user indicia and a nonresident off-highway vehicle user indicia that are issued pursuant to section 28-1177, Arizona Revised Statutes, as amended by this act, and the Arizona state parks board uses the monies that are from the increased user fees and that are deposited in the off-highway vehicle recreation fund established by section 28-1176, Arizona Revised Statutes, sufficient to do both of the following:

1.

Mitigate damages to land, including private property, that result from all-terrain vehicles and allow private individuals to directly receive monies from the off-highway vehicle recreation fund for monies to use for remediation.

2.

Fund a county sheriff law enforcement program relating to the all-terrain vehicle laws in this state to enable a county sheriff to enforce the all-terrain vehicle laws in this state.

B.

The department of transportation and the Arizona state parks board shall notify the director of the Arizona legislative council in writing on or before October 1, 2027 either:

1.

Of the date on which the condition was met.

2.

That the condition was not met.

C.

For the purposes of this section, "all-terrain vehicle" has the same meaning prescribed in section 28-101, Arizona Revised Statutes, as amended by this act.

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