TRAILS & TALES OUTDOORS JOURNAL for 06/25/10

“ATV/OHV Bills Still On The Table.”

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The four bills in front of the Michigan House of Representatives that will change the way we do business in the management of the ATV/OHV user industry are still being amended.

House Bills (HB) 6159, 6160, 6161 and 6162 started out being introduced in May of this year and have since had great sums of testimony and suggested amendments that currently total 60. Some of those have been accepted by bill sponsors, while others have yet to be scrutinized.

The Delta County Sportsmen’s Off-Road Vehicle Association (SORVA) had responded to the bills and will once again discuss their position at their meeting scheduled for Monday evening.

The Michigan Department of Natural Resources and Environment (MDNRE) has submitted a list of pros and cons regarding the bills, some supporting parts of the legislative package, and other requiring changes in rule or technicality, keeping the focus on what is best for the natural resources.

HB6159 had requested all ATV/OHV users formally register their machines with the Secretary of State by purchasing a three year tag at a cost of $20. Except for the cost of processing the document, the lion’s share of the money was proposed to go to rural law enforcement, in particular the Sheriff’s Departments, to enhanced patrols.

The latest proposal is to use the current “Trail Permit” to document the machines ownership by requiring their name be attached to the purchase of the tag, and access of verification information through the current computer now in use by the MDNRE.

HB6160 will address the disposition of funds derived from the sale of permits, a requirement to have when a machine is used on public land. Except for a few exceptions, the current system requires all machines to have such a tag and that is part of the debate regarding the issue.

The former Michigan ATV Trails Advisory Committee published a concern they had in May of 2009, that the Trails Account fund balance was dwindling down to a point it would be at zero by the beginning of fiscal year 2011. Part of what is being proposed in the standard Trail Permit, is an increase to as much as $30, from the current $16.25. The original fee for registration has since been piggy-backed to this bill adding another $6.65 annually.

HB6161 will address safety education and the certification of instructors. If passed as presented, the change will require a more stringent program, something making it potentially more difficult to recruit volunteer instructors.

HB6162 will amend Public Act 240 and address use of ATVs/OHVs on public roads and land. It is also being proposed that the Lower Peninsula policy of state forest roads being closed unless posted open be changed to model that which we have in the UP, that roads are open unless posted closed. It is a privilege we’ve shared since first presented and accomplished by Al Heidenreich, the founder of SORVA, some twenty years ago.

The bill will also restrict the amount of county roads local road commissions can close, down to 10% from a current 30%, and allow are county commissions the opportunity to choose whether or not the want to participate at all.

HB6162 is the most extensive of all four bills and is being reviewed not only by the MDNRE, but the Michigan Department of Transportation is also weighing in with a position statement.

All four bills are “tie-barred”, which means that all pass or all fail depending on the vote.

State Representative Joel Sheltron is the lead sponsor of the bills and is chairman of the Committee on Natural Resources and Recreation for the House. His group has held a good many public hearings, taking testimony from a myriad of groups and individuals.

I had the opportunity to speak to Brady Schickinger of Rep. Sheltron’s office. He indicated that these bills are a work-in-progress, so much that it is being considered to keep the bills in committee until the legislature re-convenes after Labor Day.

Schickinger indicated the Committee would still welcome suggestions and will hopefully be able to provide a list before a final recommendation comes forward to push the bills onto the House Floor for consideration.

The eight UP SORVA groups are being asked to come to an agreement on where they stand regarding the four bills. Those findings will be brought before the Upper Peninsula Sportmen’s Alliance for discussion and possible resolve at their July 10th meeting in Escanaba. They may also opt to table the issue until the final package is made available from the House.

They are all part of managing what is deemed to be the fastest growing tourism industry in our State. The questions remaining are how much should it be managed and at what cost to the user.

The SORVA meeting is scheduled for 7:00 p.m. ET at the Pocket Park on the UP State Fairgrounds. It is open to the public and those who wish to attend can also enroll in a membership, benefit details of which can be addressed there. You can also find information about the club on the internet at www.sorvadc.com.