ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: NR DPA 6-2-0-0 | Third Read 18-12-0-0

House: TI W/D | APPROP DPA 10-7-1-1

SB 1519: off-highway vehicles; weight; enforcement fund

Sponsor: Senator Dunn, LD 25

Caucus & COW

Overview

Redefines all-terrain vehicle as an off-highway vehicle (OHV) to have an unladen weight of 3,500 pounds or less instead of 2,500 pounds. Establishes the Off-Highway Vehicle Laws Enforcement Fund (Fund). Mandates the Director of the Arizona Department of Transportation (Director) Director to adopt rules for an OHV usage classification for all-terrain vehicles.

History

All-terrain vehicle include a recreational off-highway vehicle that:

1) is designed primarily for recreational nonhighway all-terrain travel;

2) is 80 or fewer inches in width;

3) has an unladen weight of 2,500 pounds or less;

4) travels on four or more nonhighway tires;

5) has a steering wheel for steering control;

6) has a rollover protective structure; and

7) has an occupant retention system (A.R.S. § 28-101).

A person must not operate or allow the operation of an all-terrain vehicle or an off-highway vehicle in this state without either a 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; and 2) has an unladen weight of 2,500 pounds or less (A.R.S. § 28-1177).

The vehicle license tax for an all-terrain vehicle or off-highway vehicle as defined in section 28-1171 is $3 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; and 2) has an unladen weight of 2,500 pounds or less (A.R.S. § 28-5801).

Provisions

1. Changes the definition of a recreational OHV to have an unladen weight of 3,500 pounds or less instead of 2,500 pounds. (Sec. 1)

2. Establishes the Fund consisting of the monies deposited from the OHV vehicle license tax (VLT). (Sec. 3)

3. Tasks the Arizona State Parks Board (Board) with administering the Fund. (Sec. 3)

4. Stipulates that Fund monies are continuously appropriated and are exempt from lapsing. (Sec. 3)

5. Allows the State Treasurer, on notice from the Board, to invest and divest monies and states that monies earned from investment must be credited to the Fund. (Sec. 3)

6. Prescribes a 50% VLT, if an OHV is more than 2,500 pounds and less than 3,501 pounds. (Sec. 4)

7. Tasks the Director with depositing any VLT collected from an OHV that is more than 2,500 pounds and less than 3,501 pounds into the Fund. (Sec. 4)

8. Allows an occupant of an OHV, with a resident or non-resident OHV indicia, to recreate for the day on state trust lands, instead of occupants who cross state trust lands, if they comply with all of the rules and requirements under a state trust land recreational permit. (Sec. 1)

9. Includes overnight camping in the list of authorized recreational activities that require a state trust land recreational permit. (Sec. 2)

10. Requires the Director to adopt rules, within 12 months of the effective date, for an OHV usage classification for all-terrain vehicles or OHVs that have an unladen weight of more than 2,500 pounds but less than 3,501 pounds. (Sec. 5)

11. Makes technical and conforming changes. (Sec. 2, 4)

Amendments
Committee on Appropriations

1. Repeals the Fund and rules related to the Fund.

2. Removes the 50% VLT requirement for an OHV that is more than 2,500 pounds and less than 3,501 pounds.

3. Eliminates the requirement for the Director to deposit the VLT collected from an OHV that is more than 2,500 pounds and less than 3,501 pounds into the Fund.

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7. Initials LM/IC SB 1519

8. 3/31/2026 Page 0 Caucus & COW

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