Rep. Joel Sheltrown Needs help for ORV Legislation

[CCCnurse]

Mike,
A quick summary of today's meeting.

Your local officials called for this meeting because of that letter out of the AG's office last spring. The local DNR are seeing this as an opportunity to get the ordinance changed to fit their needs.

You as a Montmorency County Resident need to orginize your neighbors and friends and get them to attend county commision, road commision, and township meetings and let them know what your feelings are about this. You also need to make sure every one of them have all the correct info. Tom, and I can both help you with this, but we can not attend these meetings on your behalf. Not because we don't want to, but local meetings are a lot like family meetings and the input from your brother-in-law might not be accepted well, no matter how good the intentions are.

Usually the only input these local units of Government want from down staters is in the color green, and the taller the pile, the more they like the input.

RJ

 

[KTM Mike]

RJ - thanks. Glad you could go. Your presence certainly reinforces the point of the stacks of green though. I am sure the locals see the impact of ROS.

It sounds like the DNR realizes they dont have "jurisdiction", but want to sway the locals who do, to their view point. And are doing so in face of the pending legislation. Fair enough, no different than what we hope to do. However I dont trust the DNR using a balanced view on it all. So the DNR does this meeting to pressure the locals, we then need to provide the pressure the other direction. At least we are starting out with a group who seem on our side of this topic.

How fast is this moving? I will be out of town the next couple weeks, so cant do much, unless some quick contact yet this week might help. After I am back I may be able to do more. Shoot me an email at KTM_Mike (AT) hughes.net (underscore between KTM and Mike) and we can discuss your suggestions on how to proceed.

Mike

 

[tdunn976]

The time to act is NOW!
Local residents in the north need to talk with their State Reps, GO to the county meetings, Question the facts given,
This is going to be a grassroot effort if we want this.
NOBODY can or will do this for you!You must particapate each and everyone of us.Get you family and friends to write, Get your parents to call. Enlist your retired nieghbor to go to a meeting and voice our thoughts.
Do not yell! Calmly state you thoughts and oppinion.

Expect Rep. Joel Sheltrowns Bill to be introduced as early as end of this week!
We will try to keep you posted.

Thomas Dunn
tdunn976@yahoo.com
1-517-896-9757

 

[KTM Mike]

Here is the latest that was in our local paper:

ORV use on County Roads Discussed:

A meeting was held in Gaylord Monday with the Road Commission, Sherrif and DNR representatives to discuss the ORV use of County roads.

Sherrif Doug Baum described the meeting as productive with an open dialog about road use here. Next he and county commissioner Zac Weaver will be approaching representatives in Lansing in the hopes of drafting new legislation which will allos the counties to continue allowing ORV's on most public roads.

A public forum on the issue is likely in late February. The Tribune will announce the date and time when it is set.

I will be speaking to some local businesses, the Sheriff and some others over the next few weeks, and hope to attend that public forum. I will post when it is as soon as I know.

Thanks again to D-14, CCC, Tom D, RJ, Lew and others for helping us out!

Mike

 

[CCCnurse]

Mike,
Be sure to post on DRN when this public forum is. We can try to attend and provide factual information to your local leaders if they wish to hear our input. If you speak with any of your local officals prior to the meeting and they want to discuss anything with us, feel free to have them call the CCC office and speak with Lewis or myself.

RJ

 

[tdunn976]

Mike,
Be sure to post on DRN when this public forum is. We can try to attend and provide factual information to your local leaders if they wish to hear our input. If you speak with any of your local officals prior to the meeting and they want to discuss anything with us, feel free to have them call the CCC office and speak with Lewis or myself.

RJ

Dick Ranney and myself are always available also

Thomas Dunn

 

[KTM Mike]

Tom - you and Dick are of course welcome and appreciated as well. I will be sure to let you know. I think having D-14 AND the CCC represented at that forum would be outstanding - if the local officals have a true desire to see that the rules in Montmorency County are not messed up by the DNR, they sure should feel plenty of support!

 

[bbarel]

I just received a response from Andy Dillon, Speaker of the House, D17. Can you tell he's a politician? He didn't say if he is going to support it or not.

Thank you for bringing to my attention your support for off road vehicles (ORVs) being permitted on the side of county roads in Michigan. I appreciate hearing from you on this matter and I apologize for the delay in my response.

In recent years, every county except Keweenaw in the Upper Peninsula and a growing number of counties in the northern Lower Peninsula has adopted local ordinances permitting the use of ORVs/ATVs on county road shoulders. An advisory letter issued by an Assistant Attorney General in 2006 suggests these ordinances do not comply with statutory law. Representative Sheltrown (West Branch) will be introducing legislation in the coming weeks clarifying that counties have the authority to permit the operation of ORVs/ATVs on county road shoulders. It would provide for standardized regulations regarding their operation and allow counties to create a penalty funded revenue source for enforcement and remediation activities.

Once this bill is introduced, you may monitor its status as it moves through the legislative process at www.michiganlegislature.org.

Again, thank you for your email. Please do not hesitate to contact me in the future regarding this or any other matter of concern.

Regards,

Andy Dillon
Speaker of the House
District 17

 

[tdunn976]

I just received a response from Andy Dillon, Speaker of the House, D17. Can you tell he's a politician? He didn't say if he is going to support it or not.

Damn, he's good!
Spoke with several legislatures at the Michigan Conservation Summit Feb.8,2007 most seemed reseptive.
Will post about the Summit soon on new thread, it was exciting and put much more on my plate but the out comes may just justify the time requirements,which by the way I will be adding more to all of your plates as well. ;)

 

[KTM Mike]

I just got word on the upcoming forum in Montmorency County. Date is set as March 28th. Time undetermined, but some time 6:00 to 7:00 range. I will start a separate thread on this topic to assure others see it as well.

I also had a chance to talk at length with our local Sheriff, Doug Baum. I will elaborate a bit more in that new thread - but it is clear he is 100%...make that 1000% behind keeping road use of ORVs legal in this county. He is also quite ticked off at some of the tatics it seems the DNR tried to use. Reading between the lines, I think his concern is the County Commisioners may be more likely to bow to the DNR pressures. See the other thread for more info.

Tom, RJ - I will be sending you, Dick Ranney and Lew Schuler emails with some more info as well. Your help would be welcomed by our sheriff.

 

[tdunn976]

Hb4323

Sheltrown's bill has been introduced!
The time to write letters is here again!
Go to www.ama-d14.org and see the people we need to touch at this point.

Thomas Dunn

 

[tdunn976]

INSIDE MICHIGAN HOUSE BILL 4323





February 27, 2007

MICHIGAN MOTORIZED RECREATION COUNCIL

For immediate release





The purpose of the Bill is to resolve the questions surrounding the legality of a County, Township or Municipality to open its roadways for ORV use in northern Michigan .



Considerable within the Bill is redundant of current Michigan law, if reading, observe changes in current law in bold print.



The following is our understanding from reading and visiting with Representative Sheltrown’s office. Obviously, everything you read is subject to Amendments and we must continuously monitor the Bill until passage or defeat. Here is how the Bill affects various stakeholders;







COUNTIES, TOWNSHIPS & MUNICIPALITIES



A county Board of Commissioners will have the ability to adopt an ordinance permitting the operation of ORV’s on their roadways and may extend the authority to local municipalities.



Bill permits this to be done in counties north of Townline 12. Southernmost tier of counties would include Mason, Lake , Osceola, Clare, Gladwin & Arenac at their southern borders.



Maximum speed limit is 25 mph unless a lower speed limit is posted.



ORV’s are to be operated single file, with the flow of traffic on the extreme right side of the road or right-of-way.



Hours of operation are ½ hour before sunrise and ½ hour after sunset.



Age of operator is 18, unless they have a valid Michigan operators license, or under the direct visual supervision of parent/guardian, and have a

valid ORV Safety Certificate.



Beginning January 1, 2010, all ORV operating on public roadways, shall have lighted headlight and taillight.



A civil infraction of $500, plus any court ordered remediation for damages may be adopted by a county.





ENFORCEMENT



The Treasurer of the local unit of government shall deposit fines collected for violation of an ordinance in a fund designated, “ORV FUND”.

The local unit of government shall appropriate 50% for ORV enforcement and training. (Officer’s)





ROAD COMMISSIONS



Under the “ORV FUND”, 50% of all fines collected in violation of an ordinance, shall be distributed to the County Road Commission for the purpose of ORV signage and maintenance of streets and roadways.



Under the Bill, a Road Commission will have the right to close a street or road right-of-way to ORV use to protect the environment or

poses a threat to public safety. A Road Commission may not close more than 30% of the linear miles of roadway within the county.



A Road Commission or municipality does not have a duty to maintain a road under its jurisdiction for the safe and convenient operation

of ORV’s under an ordinance provided by this Bill.



Remaining, language on prima facia negligent



Immunity from tort liability for a county Board of Commissioners, county Road Commission and local municipalities unless gross negligence

can be proven.





USERS



No increase of fee’s.



Operating headlight and taillight by 2010 to operate on roadway or right-of-way.



Speed no greater than 25 mph unless posted lesser.



Ride to the far right of road or right-of-way or area designated within ordinance.



Emphasis within Bill on adult visual supervision, no different than existing law.



“Drive by” sound test included, different than exhaust sound emission test, seldom if ever used.



Further language on trespass, must have written owner or lessee permission.



Liable for damage to private property, including growing crops and other living creatures, including domesticated animals.



Monies from fines no longer go into “general fund”.









House Bill 4323 is a giant step forward in managing the growth of ORV activity in Michigan in the interest of safety, convenience, recreational opportunity and economic growth.



House Bill 4323 is the first ORV legislation in Michigan since 1995, covers primarily one area that needs legislative adjustment to meet the needs of Michigan and the ORV user’s within our state. (346,000 registered with Secretary of State 1-31-07)



It is seldom that a new piece of legislation is 100% agreeable to everyone, however, HB 4323 offers a fair and reasonable compromise that has far more positives than negatives. Therefore, the leadership of Michigan Motorized Recreation Council join many others in supporting House Bill 4323.





















MICHIGAN MOTORIZED RECREATION COUNCIL public releases are the results of roundtable discussions by the leaders of the major ORV organizations within Michigan, representing over 20,000 members.

 

[tdunn976]

WANTED



20 PEOPLE



(first 20 get a seat in the conference room, all letters of support will be accepted)



REASON: Attend House Tourism, Outdoor

Recreation & Natural Resources Committee

Meeting.



WHEN: Tuesday, March 6th, 10:00 a.m.

Anderson Building , (across from Capitol)

Lansing



PREPARATION: Submit letters in handwriting supporting HB 4323. Handfulls are welcome.



This is a vital need to the success of HB 4323!



For further info or to volunteer contact Dick Ranney

@ 989 469-2405 or dranney1@charter.net




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[Steve St.Laurent]

I just talked with Dick and he said that they keep changing things - looks like there will be about 70 seats available and we need to fill every one of them, and if we're out the door and onto the sidewalk all the better. He said to wear something that makes it clear that you are an off roader - we won't have a chance to speak or anything, we're just there to show support. I'll be there.

 

[tdunn976]

Thanks Steve,
Try yo get as many people to go as possible,call them please.We can get this done!