SUMMARY OF RECENTLY INTRODUCED HOUSE BILLS

Date: May 5, 2023

Submitted

by Joe Bartlett

The following is a summary of recently introduced HB 4021, HB 4458, and HB 4459. Please review its contents as these bills are an important part of the future of MISORVA.

Best Regards

HB 4021

As written intends to address the fact that many sheriff’s departments are short-staffed or working under budget constraints. At this time grant requests by sheriff’s departments to the DNR for ORV patrols cannot use officers who are MCOLES-certified due to conflicts with employment contracts. Some therefore use part-time deputies who are not MCOLES-certified and who have limited police authority to patrol snowmobile trails. Under current law, deputies who are not certified may provide patrol services on snowmobile trails if they have received at least 40 hours of law enforcement training and training specific to operation of snowmobiles.

However, current law as written allows only MCOLES-certified deputies to patrol “ORV” trails (essentially a catch 22). Some feel that providing sheriff’s departments the same flexibility to patrol ORV trails as they have with snowmobile trails (with either MCOLES or non–MCOLES certified officers), would increase safety on the ORV trails by having trained deputies available on those trails, and free up certified officers to conduct road patrols, respond to accidents, and investigate crimes.

House Bill 4021 would allow a law enforcement agency to employ an officer who is not MCOLES-certified to patrol trails used by off-road vehicles. Specifically, the bill would amend Part 811 (Off-Road Recreation Vehicles) of NREPA to replace references to “local law enforcement officer,” “law enforcement officer,” or “officer” with the term peace officer, which it would define to mean any of the following:

• A sheriff

• A sheriff’s deputy

• A village or township marshal

*(MCOLES) - Michigan Commission on Law Enforcement Standards.

*Compliance with MCOLES includes satisfactory completion of a basic police academy or recognition of prior training and experience, and employment with a law enforcement agency as a law enforcement officer.

Hb 4458

As written allows the fines for use of wheeled vehicle on snowmobile trail to be deposited in the recreational snowmobile trail improvement subaccount.

Hb 4459

As written, will amend 1994 PA 451, by amending sections 82101 and 82110, and adding section 82163. The bill further defines a snowmobile (and an ORV), reinforces where fines collected will be deposited, and addresses how and when wheeled vehicles are, and are not allowed on groomed/maintained snowmobile trails.

It establishes that during the period from December 1, through March 31, annually, a person shall not operate a motor vehicle other than a snowmobile on a trail if all of the following apply:

• The trail is part of the statewide trail network established under section 72114 and is designated for snowmobile use alone or for snowmobile use in combination with ORV use.

• The trail is snow covered, and the snow is groomed for snowmobile use.

• At major points where the trail may be accessed by motor vehicles, it is marked as a groomed trail with an official sign designed by the department.

• If the segment of the trail on which the motor vehicle would be operated is a highway or street that is not normally snowplowed, the authority having jurisdiction over the highway or street has issued to the department a permit for that segment of the trail to be located on the highway or street.

Establishes that Subsection (1) does not apply under any of the following circumstances:

• If the motor vehicle is being operated for emergency or law enforcement purposes.

• If the motor vehicle is being operated for approved grooming activities on the trail.

• If the segment of the trail on which the motor vehicle is being operated is a crossing with a highway or street or a trail where operation of the motor vehicle is otherwise authorized.

• If the motor vehicle is used in logging operations.

• If the motor vehicle is an ORV and is being operated pursuant to section 81131(9).

• The motor vehicle is being operated to access property owned by or under the control of the operator or on which the operator is an invited guest, using the safest route from a highway or street on which the operator is authorized to operate the motor vehicle.

• If and to the extent that the department waives the prohibition for department-sponsored events or other circumstances as determined by the director or the director’s designee.

Continued on next page

A PERSON WHO VIOLATES SUBSECTION (1): • Is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $200. A fine collected under this section shall be deposited in the recreational snowmobile trail improvement subaccount. The bill describes that a “motor vehicle” means any vehicle that is self-propelled. However, motor vehicle does not include a power-driven mobility device, as defined in section 43c of the Michigan vehicle code, 1949 PA 300, MCL 257.43c, when that power driven mobility device is being used by an individual with a mobility disability.

A Short Explanation For The Need For Hb4459

Submitted by: Jeff Mariucci, MISORVA BOD Member

While it’s true the number of registered snowmobiles in our state is less than half of what it was during their peak in the late 1960s and early 1970s, snowmobiling as a form of winter recreation is not going away anytime soon. In fact, the years of decline in snowmobile registrations has stopped well over a decade ago and has stabilized around 130,000, with just some minor up and down movement tied to annual snow conditions. Add to this the number of out-of-state snowmobilers that come to Michigan to enjoy one of the premier trail systems in the nation, with over 6000 miles of interconnected trails, and snowmobile trail use easily outnumbers ORV trail use.

While there is no argument that ORV registrations have increased at an impressive rate over the past decade, reaching a level of around 240,000 today, the out-of-state draw is much lower as ORV’ers aren’t bound to snowbelt states, and many states such as West Virginia, Idaho and Tennessee have better trail systems than our state’s current disconnected trail system has to offer.

However, due to the increased ORV population, and particularly because of their increased use during the winter months when snow conditions may not be optimal for snowmobilers, trail conflicts between the two user groups have increased proportionately. HB4459 is an attempt to form a compromise between the two user groups and minimize these conflicts.

A snowmobile is designed to operate on snow covered trails and be easily controllable under such conditions. An ORV, much like your car on a snow covered road, will never handle as well in snowy conditions as it will on gravel or even paved surfaces. They’re just not designed for those conditions. And because they are more difficult to control, they can’t safely operate on snow covered trails at the same speed a snowmobile can. As an analogy, there’s a reason we have minimum speed limits on highways – too great a differential in speed between vehicles always creates a safety issue. Similarly, having a slower, less controllable machine on a snowmobile trail creates a safety hazard. Size is also a concern. Most ORVs are greater than 50” wide, typically 65” or more. Most snowmobile trails are groomed at eight feet wide. This allows two oncoming snowmobiles with a normal ski stance of 42” to pass by one another, while an ORV approaching a snowmobile creates a bottleneck.

A snowmobile weighs less than half what a typical ORV weighs. The weight of a snowmobile is distributed over the large area of its track and skis, allowing it to float over the snow and do little damage to a trail. Admittedly, our sport has a few bad apples that spin their tracks excessively and unnecessarily, that can do damage to the groomed surface of a snowmobile trail. But an ORV with its greater weight, which is concentrated on the contact patch of its four wheels, can easily damage the groomed surface with deep wheel ruts even if the driver is trying to be gentle. When a snowmobile comes into a section of trail that’s rutted by wheels, the snowmobile’s skis can easily fall into the ruts, unexpectedly pulling the snowmobile in one direction or another, causing the operator to lose control, possibly going off trail, hitting a tree and being hurt, or worse. Grooming snowmobile trails in the winter is an expensive and time consuming proposition. Most snowmobilers gladly pay $52 for their trail permit to help keep the trails smooth, safe and enjoyable. And for those that don’t know, while the equipment and fuel used to groom the trails are paid for out of the snowmobile fund, the people who operate and maintain this equipment are unpaid volunteers, doing it for the love of their sport. Without smooth trails, the draw for the out-of-state snowmobile tourism dollars wouldn’t be there either.

The only thing snowmobilers are asking for, and have been asking for, for well over a decade, is the ability to enjoy their 6000+ miles of groomed trails without fear of colliding with an ORV, or having to fight their steering for miles on end as a result of a rutted up trail. They only ask to do this during the existing established snowmobile season from December 1, through March 31. But snowmobilers aren’t trying to be greedy by not allowing ORV’ers to use the trails either. They recognize that the snow cover, especially in the Lower Peninsula, isn’t always conducive to snowmobiling during the season. They know some ORV’ers would like to be out enjoying their sport too, even in the winter. In fact, many snowmobilers are also ORV’ers and do the same. That’s why they’re only asking to keep wheeled traffic off the snowmobile trails when there’s sufficient snow that their trail permit money is being spent to groom the trails. The rest of the time, ORV’ers are more than welcome to be on the snowmobile trails. And during the times when the snowmobile trails are closed to wheeled traffic, ORV’ers still have over 6000 miles in the UP and another 6000+ in the LP of county roads, forest service roads and two tracks that are open to ORV use, without ever having to set a tire on a groomed snowmobile trail. That’s what HB4459 is all about!