Guest opinion: Time to restart off-highway reform bill
Tucson Citizen
Rarely do wide-ranging groups such as all-terrain vehicle riders, hunters, sportsmen, conservation groups, environmentalists, gun enthusiasts and state agencies all come together to support a piece of legislation.
But under Rep. Jerry Weiers' leadership, more than 40 organizations have done just that for HB 2573.
Since last summer, these groups have worked to create a comprehensive, balanced approach to off-highway vehicle riding in Arizona.
The resulting bill reflected a realistic and responsible approach that embraced the growing popularity of OHV use while still protecting Arizona's important lands and waters.
Unfortunately, this crucial bill came to a screeching halt in the Senate when it died in committee on a 3-3 vote.
OHV riding is a $4 billion industry in Arizona, creating 36,900 jobs. In Pima County alone, the economic benefit is $323 million a year, with an estimated $17.7 million in sales tax revenues, creating more than 3,300 jobs.
Off-highway vehicle use in Arizona has skyrocketed 350 percent since 1998. An estimated 29 percent of Arizonans participate in some form of this recreation.
It makes sense, because Arizona has beautiful land and scenery to enjoy while riding.
But while many people stick to roads and designated trails, some irresponsible off-road riders go off established trails and ride unauthorized on public and private lands, diminishing our state's scenic beauty; littering; creating illegal trails; harming our air quality; and putting the safety of other riders at risk.
This issue will not go away. With Arizona's growing population, the ridership is projected to increase, creating an urgent need for a comprehensive approach to the issues.
HB 2573 would require OHV owners to pay a user fee of $20. The resulting fund would pay to educate people on where it's legal to ride, set aside officers to enforce the laws, create riding safety standards, close damaged or unsafe trails, mitigate damage from off-road vehicle abuse and open safe areas to ride.
This fee would replace current costs associated for allowing use on state land and would solely dedicate the funds collected to OHV management.
The bill recently passed the House with bipartisan support on a vote of 43-13. In addition, 37 legislators - more than one-third - signed on as co-sponsors.
The bill moved to the Senate but hit a roadblock when it was dually assigned to two committees.
It died in the Senate Natural Resources and Rural Affairs Committee by one absent vote and has little chance of making it out of the Transportation Committee, which is headed by an adamant opponent of the bill.
The Arizona Senate now has the opportunity to advance landmark legislation that deals with an issue all too familiar for Arizona - balancing growth and protecting our important lands and waters.
This bill is critically needed. If the Legislature fails to endorse an OHV program, damage to public lands will continue with no end in sight, and responsible OHV riders will have fewer and fewer places to ride legally.
Approving such legislation would ensure OHV enthusiasts can enjoy riding safely and responsibly, and that our state's natural resources are protected for all to enjoy.
At this critical time, we encourage Senate President Tim Bee to take a leadership role in supporting this bill by helping to give it a fair shot on the Senate floor when the opportunity arises.
Genevra Richardson is with Responsible Trails Arizona.
House gives preliminary OK to OHV fee bill
April 2, 2008 - 11:12PM
BY GRAYSON STEINBERG, CRONKITE NEWS SERVICE
PHOENIX - The Arizona House gave preliminary approval Wednesday to revived legislation that would create a registration fee for off-highway vehicles after a heated debate in which a lawmaker condemned provisions that would make certain types of riding illegal.
"You are passing a bill to criminalize conduct that none of us can define," said Rep. Andy Biggs, R-Gilbert. "That's utter nonsense."
The bill would make off-highway vehicle (OHV) owners pay a $20-$25 annual registration fee that would help repair damaged landscapes, educate riders and fund additional law enforcement.
It would also make certain activities misdemeanors, including driving off paths in a manner that damages wildlife, property or natural resources.
Biggs offered six floor amendments during a session of the House Committee of the Whole, and the committee rejected each. In pointed questions put to Rep. Jerry Weiers, R-Glendale, the sponsor, and other bill supporters, Biggs said that without specifics about what would be illegal citizens would be vulnerable to prosecution for offenses they didn't know they had committed.
"We ought to be able to define that conduct and do it in statute," Biggs said. "There's nothing outlandish about that. There really is a lack of concern in many respects for the public here."
Biggs' amendments attempted to strike provisions he considered vague about illegal activity, cap the fee at $25 and add a clause requiring that the bill receive a two-thirds majority vote to pass the House and Senate.
Weiers called the amendments an effort to destroy the legislation. He said state law already defines the abuses to which the bill refers.
"The fact is if we do nothing, if this bill doesn't pass, if areas close down, people are going to continue to ride and everyone becomes criminals," Weiers said. "That's what we're trying to stop."
Rep. Trish Groe, R-Lake Havasu City, also offered an amendment that she said would strike out portions of the bill she thought were too vague. That proposal failed.
Rep. Tom Prezelski, D-Tucson, said the bill's intentions are obvious about what would be illegal.
"I'm asking for common sense," Prezelski said. "I think we all know what damaging the environment means. We know exactly what type of behavior we're prohibiting with this bill."
Weiers' original bill made it through the House once before but died before a Senate committee. Weiers revived it with a strike-everything amendment to SB 1167, which originally dealt with funeral processions.
Wednesday's approval sent the bill to a final vote in the House. If passed, it would go straight to the full Senate.
A bipartisan group of lawmakers and a coalition of environmental organizations, OHV enthusiasts and other groups supported the original off-highway bill, saying it would help preserve landscapes and protect the sport.
Last year, Weiers sponsored a bill with the same provisions that failed in the Senate by one vote. A similar bill died in 2006.
Weiers said later in a phone interview that legislators have overwhelmingly expressed support for the bill, leaving him hopeful that it will pass both houses.
"I believe, given a fair shake, people will quit playing games ? and we can get on the right track to allowing people to ride responsibility."