DNR Letterhead

April 21, 2003

1. Bill Number and Sponsor:

House Bill No. 4492

Introduced by Representative Sheltrown, et. al.

2. Purpose:

House Bill 4492 would amend Part 811, "Off-Road Recreation Vehicles", of the Natural Resources and Environmental Protection Act, 1994 PA 451, by amending section 81133 (MCL 324.81133) to allow persons 60 years of age or older, or a person with a disability, to operate an off-road vehicle (ORV) on a non-designated trail, route, or area for the sole purpose of accessing a designated trail, route or area.

3. How Does This Legislation Impact Current Programs in the Department?

This legislation will have a significant impact on the programs of the Department. This bill will allow unlimited ORV operation by certain individuals in many areas.

4. Introduced at Agency Request?

No.

5. Agency Support?

No.

6. Arguments Against the Bill:

In 1991, the Natural Resources Commission and the Legislature implemented a "closed unless posted open" regulation in Michigan’s Lower Peninsula. These regulations were implemented to protect erodible and sensitive areas, separate conflicting uses, and control careless and insensitive riders. The effect of this bill could undermine the Department’s ability to control the creation of new trails and environmental damage.

The bill as written is unenforceable. It is impossible to determine when someone is heading to an existing trail or route. It is unclear what type of proof will be available to an enforcement officer to determine that a person is disabled. The definition of disabled is extremely broad, almost anyone may think they are qualified.

Age may have no bearing on a person’s ability to operate an ORV.

7. Arguments For the Bill:

House Bill 4492 would relieve certain individuals from having to trailer their ORV to a designated trail, route, or use area.

8. State Revenue/Budgetary Implications:

There may be revenue implications based on increased enforcement needs. These revenue implications are unknown at this time.

9. Implications to Local Units of Government:

This legislation may encourage increased ORV use on public roads and other lands falling under the jurisdiction of local units of government. This legislation may also have implications to private landowners.

10. Administrative Rules Implications:

While this legislation would have minimal implications on Administrative Rules, it would supercede current rules regulating the use of wheeled motorized vehicles in these certain cases.

11. Other Pertinent Information:

The Department has facilitated increased access to State lands for recreation by persons with disabilities. Current practice allows these individuals to travel on all State forest roads in the Lower Peninsula, even if not posted open. In the Upper Peninsula, all State forest roads have remained open to ORV operation to all persons.

12. User Groups/Customers that Support this Legislation (if known):

The Cycle Conservation Club of Michigan

Michigan Motorcycle Dealers Association

K. L. COOL

DIRECTOR

MICHIGAN DEPARTMENT OF NATURAL RESOURCES

FMFM/LE