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Jarhead
May 12th, 2010, 02:06 PM
House TNR Committee Members, Staff & other interested parties:

The ownership and use of ORVs is one of the fastest growing segments of outdoor recreation in Michigan. Following passage of PA 240 of 2008 which allows local governments to open local road shoulders to ORVs, ORV use in Michigan grew by 14% in 2009. Of the 43 northern Michigan counties included in PA 240, 39 have adopted ordinances opening some or all of their road shoulders to ORVs. Legislation sponsored by Rep. Espinoza and signed into law last year expanded PA 240 into seven additional Thumb and central Michigan counties.

Over the past year and a half, I have solicited public comment from the Upper Peninsula, northern Lower Michigan and user groups state-wide to determine what adjustments are needed to Public Act 240. The responses provided a number of suggestions for improvements to the law as well as changes needed to trail system funding, safety education and enforcement. Through the winter and spring, I have worked with the Department of Natural Resources and Environment and the Michigan Motorized Recreation Council to develop a series of bills to address these needs. These bills were introduced yesterday as the 2010 OHV Comprehensive Package.

They include:

HB 6159 (Lindberg): Registration
HB 6160 (Sheltrown): Permits
HB 6161 (W. Schmidt): Safety Training
HB 6162 (Caul): PA 240 Changes

A detailed summary of each bill is attached. Highlights of the package include:

Changing the current term "ORV" to "OHV"
Establishing OHV registration and identification similar to snowmobiles
Creating an OHV registration fee to fund local OHV related law enforcement
Changing the current OHV license to a permit similar to snowmobiles
Expanding PA 240 (OHVs on county roads) state-wide & preserving local control
Revising the OHV Safety Training Process
Increasing minimum penalties for certain OHV offenses

Due to the size of the package, the House TNR Committee will consider the bills over a three week period rather than the typical two weeks. We tentatively plan to take testimony on the bills at the May 18 and May 25 committee meetings with votes on a number of amendments and the bills themselves at the June 1 committee meeting. Please be aware that we anticipate each of these committee meetings to be significantly longer than our recent meetings.

As always, please contact me with any questions you may have or amendments you would like to see considered. The House clerks should have the four bills on-line later today. Paper copies are available in my office. Please feel free to forward this e-mail to anyone you believe may be interested in this legislation.

Sincerely,

Joel Sheltrown, Chair
House Tourism, Outdoor Recreation
and Natural Resources Committee


First pubic information is scheduled for 6:00 pm, Friday, May 28th, Days Inn, Grayling. Others are being planned.

Trail_Fanatic
May 13th, 2010, 12:11 PM
SUMMARY OF 2010 OHV COMPREHENSIVE LEGISLATION

(My notes are in red)

To review copies of the 2010 OHV Comprehension Legislation, Go to:
www.legislature.mi.gov/ type in bill numbers 6159, 6160, 6161 and 6162 and they will come up. 98 pages total. Bold print identifies new language.

Please be aware, the four OHV Bills were enrolled in the House on Tuesday, May 11th, they are subject to amendments by any member of the House and concurrence of the House Committee of TOURISM, OUTDOOR RECREATION AND NATURAL RESOURCES before a House floor vote.

What is included in this summary is an overview of what is in each Bill. They will affect the sports of OHV activity for several years in the future, if not decades.

If you have any questions, please feel free to ask, if you have any suggestions, please feel free to submit.

Dick Ranney, coordinator of Michigan Motorized Recreation Council, 989 469-2405, e-mail: www: dranney1@charter.net. Please make Subject; 2010 OHV


We expect these bills to be voted on in the House either the first or second week of June.

HOUSE BILL No. 6159

All references to ORV shall now be OHV (Same as Federal)
Defines an enforcement officer and level of certification required

Defines “other road” (We had trouble with this during the Drummond ORV Route designation process)

DNRE Chief Safety instructor shall complete all nationally recognized safety training programs. (INCLUDING UFWDA's 4x4 Awareness course as administered by GLFWDA)

All OHV’s must be registered, fee is $20. for 3 years. All OHV’s will be entered into the LEIN system. $3. will go to SOS for decal, $2. for Safety Education, 4% to administration and the balance to County Sheriffs, city and municipal enforcement agencies, based upon lane miles of roadway open within their jurisdiction for OHV travel. All monies remaining at the end of the “grant cycle”, shall be placed in the Off-highway Vehicle Account.

HOUSE BILL No. 6160

OHV TRAIL PERMIT is not required for operation on private property

OHV TRAIL PERMIT is not required on the frozen surface of a lake, river
or stream, or for the purpose of ice fishing


Cost of TRAIL PERMIT, affective April 1st of 2011, $30.50 with adjustments
made to the formula, with 50% going to on the ground efforts, 31.25% to
enforcement and 24% of that going to County Sheriffs for trail enforcement
efforts. A review every 5 years regarding COL adjustment and raised to the
nearest dollar.

Any group of 20, or less than 75 vehicles shall notify the Department they are having an event on the trail system to coordinate with other users groups. There shall be no fee for events of 75 vehicles or less. (This is HUGE! BOTH an increase from 20 to 75 before triggering the need for an expensive Permit, AND conversion from "people" to "VEHICLES"!

To be amended, language requiring the DNRE to publish on their web-site, an annual accounting of receipts and expenditures of OHV funds. (ACCOUNTABILITY!)

HOUSE BILL N0. 6161

There will be a Safety Training Academy for instructors. All new instructors must complete and all current instructors must be re-certified within 3 years. Cost is free to instructors. Program instructors will no longer be limited to enforcement personnel or those associated with a school of learning.

The maximum fee charged to any student for enrolling in the DNRE Safety Education program shall be no greater than $20 for classroom instruction. Parents are encouraged to sit in, free of charge, unless requesting a certificate.

DNRE shall develop a “hands on” OHV Safety Training program within 2 years.

HOUSE BILL N0. 6162

No county or township shall charge a fee for OHV operation on their roadways.

“Roads” include any of those passing through or along Federal Land within a
Township, if more than 50% funds used to maintain the road come from state or local sources.

Road closure by counties and townships reduced from 30% to 10%.

5 year sunset on PA 240 rescinded

MDOT may authorize operation of OHV’s on the highway, portion of the
highway and shoulders of the highway. MDOT shall not charge a fee for such.

Headlight and taillight not required for a permitted event

Liability relief for those doing trail maintenance (FINALLY!)

Fines increased to $250 minimum/$1,000 maximum for not wearing a helmet,
lack of adult visual supervision. Including Environmental violations of section
81133, (1) (E), (I), (L), (M) or (N)

All Michigan counties given to option to open their roadways under PA 240.



Not in the bills, but playing a very important role. Prior to establishment of a proposed permit fee, there were 5 Long Range Financial Planning meetings. It was the consensus of that group, $30. Including, Safety Education cost, would enhance the program to the levels desired by the user community.

Once the permit fee is decided by legislature, financial planning can resume.

PLEASE CONTACT THE FOLLOWING REPRESENTATIVES AND ASK THEM TO PASS THESE BILLS!

Members on the House Committee of Tourism, Outdoor Recreation and Natural
Resources are;

Representative Joel Sheltrown (C) District 103,(D), West Branch
517 373-3817 joelsheltrown@house.mi.gov

Representative Jim Slezak (VC) District 50 (D) Davison
517 373-3906 jimslezak@house.mi.gov

Representative Kate Ebli District 56 (D) Monroe
517 373-2617 kateebli@house.mi.gov

Representative Mike Huckleberry District 70 (D) Greenville
517 373-0834 mikehuckleberry@house.mi.gov

Representative Steven W. Lindberg District 109 (D) Marquette
517 373-0498 lindberg@housedems.com

Representative Mike Simpson District 65 (D) Jackson
517 373-1775 mikesimpson@house.mi.gov

Representative Woodrow Stanley, District 34 (D) Flint
517 373-8808 woodrowstanley@house.mi.gov

Representative Jim Stamas (M-VC) District 98 (R) Midland
517 373-1791 jimstamas@house.mi.gov

Representative James “Jase” Bolger District 63 (R) Marshall
517 373-1787 jamesbolger@house.mi.gov

Representative Goeff Hansen District 100 (R) Hart
517 373-7317 goeffhansen@house.mi.gov

Representative Kenneth B. Horn District 94 (R) Frankenmuth
517 373-0837 kennethhorn@house.mi.gov

Rocky
May 14th, 2010, 07:34 AM
I dont like some of this legislation and some of it I do.

QUOTE* [ Sheltrown ]
Over the past year and a half, I have solicited public comment from the Upper Peninsula, northern Lower Michigan and user groups state-wide to determine what adjustments are needed to Public Act 240. The responses provided a number of suggestions for improvements to the law as well as changes needed to trail system funding, safety education and enforcement. Through the winter and spring, I have worked with the Department of Natural Resources and Environment and the Michigan Motorized Recreation Council to develop a series of bills to address these needs. These bills were introduced yesterday as the 2010 OHV Comprehensive Package
END QUOTE*

I for one would LOVE to know when and what method Sheltrown used to ''solicit public comment'' regarding this new legislation other than Dick Ranneys ''hand picked'' selection from a made-up organization that has no legal statis what so ever in the State of Michigan [ MMRC ].There are no Board members, there are no minutes, there is no membership, and the MMRC is not registered with the State.To the best of my knowledge, there was NO solicitation for public comments regarding this legislation, as he mentioned above. If there had been, his office would have been flooded with public comment from my group, this I assure you.

There's some God awful legislation in this mess. For starters, the Sheriffs Department already receives about 24% of our current 16.25 sticker fee's for patrol. WHY do they need another additonal 15 bucks from the 20.00 registration fee,especially when you factor in that they want to raise the current fee's to 30.50 and that will mean even more $$ for the Sheriffs department. Nothing more than waste of User fee's IMO.

Alot of the ORV Safety Instructors certified under the DNRE watch since Oct 1 of 2003 are UNTRAINED and incompetant because they themselves were not trained with any rules in place.The DNRE rescinded all of the Adminstrative Rules that dicatated ORV safety classes and instructor certification, thus the program suffered a dramatic setback.There is absolutely NO standardization of ORV safety classes in Michigan. One instructor might teach for 4 hours, and another one may teach for 1 hour.Some answer questions they dont have the training/knowledge to answer. Now they want to add legislation that will allow these SAME bozo instructors to CONTINUE training your kids without training them for another 3years? This is INSANE!

Since Sheltrown is amending all these old ORV laws, how about amending a 19year old USELESS law that would not allow our youth the same priveledge to operate an appropiately sized ATV on Michigans designated trails, like youth on Dirt Bikes have been able to do for ages.

timbercruiser
May 14th, 2010, 08:06 AM
Where will the additional fees go?

Rocky
May 14th, 2010, 02:33 PM
Where will the additional fees go?


The politicians and some special interest groups will want the uninformed ORVers to ''think'' that this extra money is needed for trail maintenance, law enforcement,safety education, ect. What they dont want to tell you is how much of our past ORV dollars have been wasted and misused.

I think that most of this GLFWD site is compiled of the full size ORV group and since I dont do the full size thing anymore, I will not speak on their behalf.

HOWEVER, as a long time participant of dirt bike and ATV operation within Michigans designated ORV trail systems, I can say with a great deal of honestly that our trails have NOT been maintained to many of the trail specs outlined in the ORV Trail & Route Maintenance Handbook, for many continuous years.Yet the grant sponsors still get paid. They are getting better within the last year or so but many still do not meet trail spec guidelines.

One huge problem is that the DNRE has only 3 trail techs to perform inspections. They admittingly do NOT travel many miles of most trails they inspect, thus the trail maintenance suffers in the end.

The DNRE has the authority to promulgate certain rules regarding the ORV program within Michigan,thus, just like the trail maintenance program where they seek outside help from non-profits clubs ect, they could appoint outsiders to assist them with trail inspections. They choose NOT to do this and the trail system suffers in the end.This is no differant than the ORV safety program that suffers even worse, yet the DNRE want to do it all by themselves even though they do not have the proper training or staff to do so.

We have a MESS of ORV issues in Michigan that have went untouched and/or mismanaged for AGES now.Its a darn shame when the policians come to the paying User groups and ask us for more $$ while at the same time, ignoring the ORV issues we've had forever.

Im not saying that im against giving more $$, but FIX and address whats wrong first before you ask for more $$.