TRAILS & TALES OUTDOORS JOURNAL for 05/21/10
“Major ATV Legislation on fast track.”
All Rights Reserved
Just over a week ago, four bills were introduced to the Michigan House that deal with some significant regulation changes dealing with All Terrain Vehicles (ATVs) across the state.
House Bill (HB) 6159 (Lindberg) - Will require ATV owners, now to be referred to as Off Highway Vehicles (OHVs), to be registered every three years by the Michigan Secretary of State at a cost of $20.00 ($6.66 annually).
HB 6160 (Sheltrown) - Will take the annual ATV license fee, converting it to an OHV Trail Permit at a cost of $30.00.
HB 6161 (W. Schmidt) - Will create an OHV Safety Training Academy.
HB 6162 (Caul) - Will amend Public Act (PA) 240, requiring uniform road use criteria and definition of area uses.
Over a year ago, the former Michigan ATV Trails Advisory Committee, projected problems with funding future projects if revenues were not adjusted to meet needs.
The ATV Committee was dissolved after Governor Granholm issued her 2009 Executive Order to combine the Michigan DNR and DEQ. The idea was to consolidate several recreational trail riding advisory groups to streamline them with the regionalization of the new MDNRE.
Work done by the ATV Advisory Committee indicated that the formation of new designated trails and routes as well as the broad based “Rails-to-Trails” concept, converting railroad grades that had been abandoned and eased to the Michigan Department of Transportation for sharing, lay in jeopardy due to the increased costs of maintenance.
The numbers two years ago indicated over a million dollar annual spending deficit which was drawing down on the designated ATV fund balance. That trend will zero out the fund balance this year and unless adjustments are made, the MDNRE will find itself in yet another financial bind not far removed from what occurred in the Fish and Game Fund a few years back.
Don’t be mistaken to think the revenue differential is because we are losing ATV users. The fact is that ATV use is one of the fastest growing outdoor recreations in which Michiganders are participating. The problem, I believe, is that costs have escalated beyond what increased revenue has provided.
It is also important to note that the distribution of funds has remained efficient and that the revenue from license sales goes mostly towards projects. The user clubs have provided volunteer man power to adopt specific designated trails and maintain the system with costs of materials only being reimbursed through the fund.
The annual ATV license fee structure has been in place for quite some time. Therefore the users groups have understood that some adjustment would be forthcoming. Based on projections, again from the former ATV Advisory Committee, had the license fee been adjusted through the years, we’d now
be paying about $30 a vehicle.
With all four bills combined, the annual cost of registration/licensure would cost $36.66 annually. My concern is the new distribution of funds and the requirements for safety instructor training.
Two funds being created within the combined legislation earmark money for special uses but they do not specifically state where the money will go and how much will be provided. There is not enough transparency.
The involvement of the Secretary of State for the three year registration, is for me redundant, in that a Michigan Operators License in now required to buy the annual sticker and Law Enforcement can utilize the tag number to identify the name of whom it was issued. A simple requirement that only the owner can purchase and place the license on a machine would assure compliance. Plus, Michigan law already requires new machines to be titled, thus trace back capabilities already exist through vehicle serial numbers.
The areas in the legislation having the most appeal are those that would set a more uniform criteria for road use, be it adjacent county trunk line or highway travel. It will also uniformly reduce the percentage of roads that can be eliminated by county road commissions and protect from arbitrary exclusion by some townships.
In writing an initial response to the Natural Resources Sub-Committee of the Michigan Legislature, I raised question to some of the rationale behind the bills and suggested concern about the potential of making government bigger. It was done by direction of the leadership of the Upper Peninsula Sportsmen’s Alliance. It will also be a topic of discussion at the SORVA of Delta County meeting scheduled for May 24th at the MDNRE Pocket Park on the UP State Fairgrounds at 7:00 p.m.
Two legislative committee hearings will also take place this weekend, one on Saturday, May 22nd at Tupplo’s in Bruce Crossing at 4:00 p.m., and the other on Sunday, May 23rd at the Seney Township Hall in Seney at 3:00 p.m. Both are open to the public.
We know a lot of work had gone into these bills before being introduced for consideration by the legislature. However, the fact that they are now on such a fast track and that the first public hearings regarding the issue have been set up after the initial response from the UP is cause for concern.
The good news is we got their attention and the Representatives have promised to listen.