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 Posted: 1 Mar 2010 05:12 pm
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outlandish
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Joined: 27 May 2009
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The 2010 Minnesota Legislative Session is off to a fast and furious start.  As the legislature decides how to reconcile their differences with the Governor and close a $1.2 billion deficit most would think that OHV users would be an afterthought, but that has been far from the case.


The Governor released his supplemental budget and as you may have seen in the ATVAM email alert that was sent out it included using $407,000 from the ATV dedicated fund to be transferred to the general fund to fill the budget gap.  This would be a precedent that would put our dedicated funds at risk now, and in the future of being used for things that did not advance the sport.



  Through your actions it was soon discovered by DNR that the money being used from the ATV and Snowmobiles accounts were not meant to be in the final version of the Governors supplemental budget and they were quickly removed.  This means that our funds, for the time being are safe.


  There have been numerous OHV bills introduced already this session.  Here are the bill numbers and brief descriptions of each bill:


  Please contact your legislators and tell them how you and ATVAM stand on the following bills.
 

To find your legislators click here


  ATVAM's bill:

[size=HF3190/SF2821]

Authored by Rep. Hackbarth and Sen. Saxhaug

ATVAM's bill has 4 parts, they are listed below.
Part 1
This is the language that defines the OHV season in statute. During the 2007 Session a law was passed that stated the commissioner of DNR shall establish OHV riding seasons for the state.  The Commissioner released an order that shut down state forests during rifle deer season.  The new language follows the original Commissioner's order and only shuts down operation during rifle deer season, unless the rider meets the guidelines laid out in the language. For example, a guy on his way to his deer stand would not be in violation because he is not riding for recreation, but for deer hunting purposes.

However, the Commissioner still has the authority to shut down specific trails that are deemed to be in a state of possible damage if used.  For instance, if a trail is too wet in the spring to begin riding, the commissioner can close that trail to OHV use.  This is used often and is posted on the DNR website when a trail is closed.

Part 2
This language allows nonresident youth to operate an OHM legally in the state if they are carrying with them a completed certificate of an online safety course offered by the Motorcycle Safety Foundation.  The Motorcyle Safety Foundation is the same organization that the MN State Patrol uses for their motorcycle safety courses. This way, kids who are just visiting for a weekend on vacation have the opportunity to ride legally if they are unable to participate in a youth safety course offered through the MN DNR.

  Part 3
This language allows nonresident youth at least 12 years of age to operate an ATV legally in the state if they are carrying with them a completed certificate of a safety course offered by the ATV Safety Institute.  The ATV Safety Institute is an organization created by ATV manufacturers to promote safe and responsible ATV use.   This way, kids who are just visiting for a weekend on vacation have the opportunity to ride legally if they are unable to participate in a youth safety course offered through the MN DNR.

  Part 4
In the 2009 Session the legislature passed the nonresident ATV trail pass.  This pass was intended to collect a fee from nonresidents who bring ATV's to MN to ride while on vacation or visiting.  This new exemption simply clarifies that if a person is a nonresident but is riding a machine that is registered in the state of MN that they do not need to be in possession of a nonresident trail pass.


  ATVAM SUPPORTS THIS BILL
 

HF3094/SF2916

DNR Technical Changes Bill
  There are a few provisions in the DNR technical bill that effect OHV users. 
First, it creates a one-time registration for ATV's over 25 years old.  This would be a $6 registration sticker that only will need to be purchased once and is good for the life of the machine.
  The second provision puts a cap on the amount that ATV youth trainers can charge in addition to the $15 registration fee for a youth safety class.  The cap is set at an additional $15 that is to be used to defray classroom costs such as space and materials.
  The third change is an exemption in the southern MN Agriculture Zone exemption for grant-in-aid trails.  This will create opportunities to put trails on the ground in southern MN and give people a chance to ride.
  There are also some trail name changes included in the bill.


  ATVAM SUPPORTS THIS BILL

HF3148/SFXXXX

Authored by Rep. Bernie Lieder

This bill would use $250,000 from the motorized dedicated accounts to give to the University of Minnesota Center for Transportation Studies to do a comprehensive study of fuel consumption by motorized uses in the state of MN.  This bill is intended to lower our unrefunded gas tax revenue and is being introduced by our opponents.  Our opponents believe that we get too much money transferred to our account for off-road fuel taxes and they want to spend our money to try and prove that the studies that we have already paid for were wrong.  If you remember, in 2006 the ATV account spent $75,000 to complete a study of fuel consumption.  It showed that we were drastically under funded from the fuel taxes.  The 2005 study was conducted by DNR, the Dept. of Revenue and MN Dept. of Transportation.



  ATVAM OPPOSES THIS BILL

HF2987/SF2618

Authored by Rep. Paymar and Sen. Moua, both from St. Paul

This bill deletes the exemption from the open bottle law for a road ditch that is part of a grant-in-aid trail that was given to "off-road recreational vehicles" that are defined as: snowmobiles, ATV's, OHM's and ORV's.  Our opponents are calling this exemption a "loop-hole".  That is far from the truth. There was careful thought put into this exemption and it makes sense.  OHVers should not be treated any differently than boats and other forms of recreation when it comes to drinking.  We must abide by all DUI laws and ATVAM continues working to make the sport safer by spreading the word that drinking to excess and ATVing do not mix and can lead to serious consequences.  This bill is another attempt by our opponents to demonize and criminalize our chosen for of recreation because of their narrow-minded views and assumptions about the people who comprise the OHV community.
  ATVAM OPPOSES THIS BILL
  There are also a multitude of bills that remain alive from last year ranging from closing of North of Hwy 2 to Traditional Forest Areas.  We have also been told that the anti-access groups are going to be pushing for a 50ft buffer from any wetland for our trails, and a variety of other proposals. 



  If you have any questions please contact the ATVAM office at atvamoffice.org or by phone at 800-442-8826
  Thank you, 

Jonathan M. Bohn

ATVAM Government Relations
Media and Government Affairs



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