State of Michigan

DEPARTMENT OF NATURAL RESOURCES

Lansing

JENNIFER M. GRANHOLM

governor

REBECCA  A. HUMPHRIES

director

 

 

 

BILL ANALYSIS

 

BILL NUMBER:

HOUSE BILL 4507 (SUBSTITUTE H-1)

TOPIC:

Expand counties eligible for operation of ORVs on road shoulders

SPONSOR:

Representative John Espinoza

CO-SPONSORS:

Representatives Joel Sheltrown and Terry Brown

COMMITTEE:

Tourism, Outdoor Recreation and Natural Resources

Analysis Done:

March 25, 2009

POSITION

The Department of Natural Resources (DNR) is neutral on this legislation.

PROBLEM/BACKGROUND

House Bill 4323 (2008 PA 240) was signed into law on July 17, 2008.  This law authorized certain counties and municipalities in northern lower Michigan and the Upper Peninsula to adopt ordinances permitting the operation of off-road vehicles (ORV) on the maintained portion of a county or municipal road.

DESCRIPTION OF BILL

House Bill 4507 would expand the number of eligible counties to include Huron, Tuscola, Sanilac, and St. Clair.       

SUMMARY OF ARGUMENTS

Pro

This legislation provides additional counties and local municipalities authority to allow ORV operation on the maintained portion of county and municipal roads by way of local ordinance.

Con

Off-road vehicles are not manufactured for highway operation, especially paved surfaces.  This raises a concern for public safety for both the ORV operator and highway motorists.  There may also be additional environmental impacts, land management, and law enforcement implications for state-owned lands where local roads pass through state ownership.

FISCAL/ECONOMIC IMPACT

Are there revenue or budgetary implications in the bill to the --

(a)     Department

Budgetary:

None

Revenue:   

None

Comments:

None

(b)     State

Budgetary:

None

Revenue:   

None

Comments:

None

(c)     Local Government

Comments:

There could be an indeterminate increase in local revenue as a result of violations of the local ORV ordinance authorized by this bill.

OTHER STATE DEPARTMENTS

It is unknown if other state departments have concerns with the proposed legislation; however, the Michigan Department of Transportation, State Police and DNR all opposed HB 4323 that was passed into law in 2008.

ANY OTHER PERTINENT INFORMATION

Line 1 on page 2 of the proposed legislation should be expanded to include:  State Parks, Recreation Areas and State Game Areas.

 

ADMINISTRATIVE RULES IMPACT

None

 

 

 

_______________________________

Rebecca A. Humphries

Director

 

_______________________________

Date

FMFM/LED