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Arizona's Got It!

Postby tammylynn » Mon Apr 07, 2008 8:37 pm

Guest opinion: Time to restart off-highway reform bill
Tucson Citizen

Rarely do wide-ranging groups such as all-terrain vehicle riders, hunters, sportsmen, conservation groups, environmentalists, gun enthusiasts and state agencies all come together to support a piece of legislation.
But under Rep. Jerry Weiers' leadership, more than 40 organizations have done just that for HB 2573.
Since last summer, these groups have worked to create a comprehensive, balanced approach to off-highway vehicle riding in Arizona.
The resulting bill reflected a realistic and responsible approach that embraced the growing popularity of OHV use while still protecting Arizona's important lands and waters.
Unfortunately, this crucial bill came to a screeching halt in the Senate when it died in committee on a 3-3 vote.
OHV riding is a $4 billion industry in Arizona, creating 36,900 jobs. In Pima County alone, the economic benefit is $323 million a year, with an estimated $17.7 million in sales tax revenues, creating more than 3,300 jobs.
Off-highway vehicle use in Arizona has skyrocketed 350 percent since 1998. An estimated 29 percent of Arizonans participate in some form of this recreation.
It makes sense, because Arizona has beautiful land and scenery to enjoy while riding.
But while many people stick to roads and designated trails, some irresponsible off-road riders go off established trails and ride unauthorized on public and private lands, diminishing our state's scenic beauty; littering; creating illegal trails; harming our air quality; and putting the safety of other riders at risk.
This issue will not go away. With Arizona's growing population, the ridership is projected to increase, creating an urgent need for a comprehensive approach to the issues.
HB 2573 would require OHV owners to pay a user fee of $20. The resulting fund would pay to educate people on where it's legal to ride, set aside officers to enforce the laws, create riding safety standards, close damaged or unsafe trails, mitigate damage from off-road vehicle abuse and open safe areas to ride.
This fee would replace current costs associated for allowing use on state land and would solely dedicate the funds collected to OHV management.
The bill recently passed the House with bipartisan support on a vote of 43-13. In addition, 37 legislators - more than one-third - signed on as co-sponsors.
The bill moved to the Senate but hit a roadblock when it was dually assigned to two committees.
It died in the Senate Natural Resources and Rural Affairs Committee by one absent vote and has little chance of making it out of the Transportation Committee, which is headed by an adamant opponent of the bill.
The Arizona Senate now has the opportunity to advance landmark legislation that deals with an issue all too familiar for Arizona - balancing growth and protecting our important lands and waters.
This bill is critically needed. If the Legislature fails to endorse an OHV program, damage to public lands will continue with no end in sight, and responsible OHV riders will have fewer and fewer places to ride legally.
Approving such legislation would ensure OHV enthusiasts can enjoy riding safely and responsibly, and that our state's natural resources are protected for all to enjoy.
At this critical time, we encourage Senate President Tim Bee to take a leadership role in supporting this bill by helping to give it a fair shot on the Senate floor when the opportunity arises.
Genevra Richardson is with Responsible Trails Arizona.

House gives preliminary OK to OHV fee bill
April 2, 2008 - 11:12PM
BY GRAYSON STEINBERG, CRONKITE NEWS SERVICE
PHOENIX - The Arizona House gave preliminary approval Wednesday to revived legislation that would create a registration fee for off-highway vehicles after a heated debate in which a lawmaker condemned provisions that would make certain types of riding illegal.

"You are passing a bill to criminalize conduct that none of us can define," said Rep. Andy Biggs, R-Gilbert. "That's utter nonsense."

The bill would make off-highway vehicle (OHV) owners pay a $20-$25 annual registration fee that would help repair damaged landscapes, educate riders and fund additional law enforcement.

It would also make certain activities misdemeanors, including driving off paths in a manner that damages wildlife, property or natural resources.

Biggs offered six floor amendments during a session of the House Committee of the Whole, and the committee rejected each. In pointed questions put to Rep. Jerry Weiers, R-Glendale, the sponsor, and other bill supporters, Biggs said that without specifics about what would be illegal citizens would be vulnerable to prosecution for offenses they didn't know they had committed.

"We ought to be able to define that conduct and do it in statute," Biggs said. "There's nothing outlandish about that. There really is a lack of concern in many respects for the public here."

Biggs' amendments attempted to strike provisions he considered vague about illegal activity, cap the fee at $25 and add a clause requiring that the bill receive a two-thirds majority vote to pass the House and Senate.

Weiers called the amendments an effort to destroy the legislation. He said state law already defines the abuses to which the bill refers.

"The fact is if we do nothing, if this bill doesn't pass, if areas close down, people are going to continue to ride and everyone becomes criminals," Weiers said. "That's what we're trying to stop."

Rep. Trish Groe, R-Lake Havasu City, also offered an amendment that she said would strike out portions of the bill she thought were too vague. That proposal failed.

Rep. Tom Prezelski, D-Tucson, said the bill's intentions are obvious about what would be illegal.

"I'm asking for common sense," Prezelski said. "I think we all know what damaging the environment means. We know exactly what type of behavior we're prohibiting with this bill."

Weiers' original bill made it through the House once before but died before a Senate committee. Weiers revived it with a strike-everything amendment to SB 1167, which originally dealt with funeral processions.

Wednesday's approval sent the bill to a final vote in the House. If passed, it would go straight to the full Senate.

A bipartisan group of lawmakers and a coalition of environmental organizations, OHV enthusiasts and other groups supported the original off-highway bill, saying it would help preserve landscapes and protect the sport.

Last year, Weiers sponsored a bill with the same provisions that failed in the Senate by one vote. A similar bill died in 2006.

Weiers said later in a phone interview that legislators have overwhelmingly expressed support for the bill, leaving him hopeful that it will pass both houses.

"I believe, given a fair shake, people will quit playing games ? and we can get on the right track to allowing people to ride responsibility."
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Postby Paul » Mon Apr 07, 2008 9:00 pm

Nice to see those numbers. :up:


We should be able to use something like that in our favor.

The sport truly is exploding in popularity.
Guy that used to do stuff a long long time ago.
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Re: Arizona's Got It!

Postby mike_belben » Tue Apr 08, 2008 4:52 am

tammylynn wrote: The resulting fund would pay to educate people on where it's legal to ride, set aside officers to enforce the laws, create riding safety standards, close damaged or unsafe trails, mitigate damage from off-road vehicle abuse and open safe areas to ride.


they always say part of the money will go to opening more areas, but usually find a way to spend it all on enforcement and closures before they get that far down the to-do list. :?

sort of like that 1.3 million DCR gets from the fed from RTP every year. :evil:
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Re: Arizona's Got It!

Postby Scott Hatch » Tue Apr 08, 2008 8:16 am

mike_belben wrote:
tammylynn wrote: The resulting fund would pay to educate people on where it's legal to ride, set aside officers to enforce the laws, create riding safety standards, close damaged or unsafe trails, mitigate damage from off-road vehicle abuse and open safe areas to ride.


they always say part of the money will go to opening more areas, but usually find a way to spend it all on enforcement and closures before they get that far down the to-do list. :?

sort of like that 1.3 million DCR gets from the fed from RTP every year. :evil:


Problem is in MA everything goes into the general fund, however an example of this working is the Jericho Mtn State Park in Berlin NH :up:
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Re: Arizona's Got It!

Postby rblank » Tue Apr 08, 2008 8:36 am

Scott Hatch wrote:
mike_belben wrote:
tammylynn wrote: The resulting fund would pay to educate people on where it's legal to ride, set aside officers to enforce the laws, create riding safety standards, close damaged or unsafe trails, mitigate damage from off-road vehicle abuse and open safe areas to ride.


they always say part of the money will go to opening more areas, but usually find a way to spend it all on enforcement and closures before they get that far down the to-do list. :?

sort of like that 1.3 million DCR gets from the fed from RTP every year. :evil:


Problem is in MA everything goes into the general fund, however an example of this working is the Jericho Mtn State Park in Berlin NH :up:


How can that be? There are VERY specific guidelines as to how the money is supposed to be used. MA does not meet the "Small State Exclusion" for motorized trails IIRC. I'd drop a dime to the Feds and see how the ax falls. Mis appropriation of funds is a big sore spot for RTP monies.
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Postby Scott Hatch » Tue Apr 08, 2008 8:49 am

because a portion of the NH ATV registrations is out into a fund just for purchasing land for ATVs.....let me find the breakdown


Here it is:
Image

$2 from each sticker is put into a fund for purchasing of lands for ATVs, this is also a model we are copying for 4x4s
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Re: Arizona's Got It!

Postby tammylynn » Tue Apr 08, 2008 9:52 am

mike_belben wrote:
tammylynn wrote: The resulting fund would pay to educate people on where it's legal to ride, set aside officers to enforce the laws, create riding safety standards, close damaged or unsafe trails, mitigate damage from off-road vehicle abuse and open safe areas to ride.


they always say part of the money will go to opening more areas, but usually find a way to spend it all on enforcement and closures before they get that far down the to-do list. :?

sort of like that 1.3 million DCR gets from the fed from RTP every year. :evil:


Actually I thought of you while reading this article because of the first sentence in the first article I quoted about all the various user groups working together to propose something like they did. :) It is proof that it is working in other areas and whether they make it through or not we can use their research to help with our goals. Trying to give you some encouragement... :lol:
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Postby rblank » Tue Apr 08, 2008 11:46 am

Scott Hatch wrote:because a portion of the NH ATV registrations is out into a fund just for purchasing land for ATVs.....let me find the breakdown


Here it is:
Image

$2 from each sticker is put into a fund for purchasing of lands for ATVs, this is also a model we are copying for 4x4s


Completely differnet than what I'm talking about. That's State funding. I'm talking specifically about MA putting the RTP money into a "general fund." I don't think you can do that.
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Postby mike_belben » Wed Apr 09, 2008 1:06 am

gary told me that the RTP money is designated for 30% motorized only trails, 30% non-motorized trails, and 40% mixed use.

the fed gives the money with a very clear understanding that OHV's fit the definition of motorized trail users. the state only recognizes ATVs and Dirtbikes as motorized users, as we have zero OHV trails and basically zero representation pertaining to the federal endowment's allocation.

who is the road block? so far, it looks like gary but i cant be sure without getting inside DCR meetings. this is why i want on the boards, so i can actually learn the system, find out who is blocking us, sidestep, and nail them to the wall.


also, the state fee breakdowns are, IMO, designed for failure. if you are only putting $2 of $54, or , and then , that then deteriorates, that then requires more maintenance, that deteriorates further..... you get closures.

3.7% toward expanding your trail system
20.3% on maintaining your trail network that never grows due to funding shortfalls, yet erodes due to increased demand
19% toward enlarging the bureaucracy
17.9% for enforcing the rules that the beauracracy puts in place, like "this trail closed due to overuse" ..that came from increasing demand without increasing land, now you have more offenders and a shortfall in enforcement dollars.

before long they throw their hands up crying that its all unsustainable. thats how MA operates anyways. the trails they've designed dont even have enough contiguous mileage to fit DCR's own trail system guideline of 30 miles. they lump seperate parks together to get the necessary mileage. some forests have been closed to dirtbikes but open to quads (or vice versa, but whats the damn difference?)
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Postby mike_belben » Wed Apr 09, 2008 1:09 am

moral of the story, government's are about the worst businesmen on the planet.

no matter what product you are selling, when the demand goes up, you look for more resources to supply the demand. not more ways to control the customers. DCR needs to get its ass hauled into chapter 11 for reorganization IMO. along with the rest of the state and fed. they're selling an antiquated product for way too much of our god damn money.
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Postby Scott Hatch » Wed Apr 09, 2008 6:58 am

It may be a mute point, one of our agenda items for discussion last night at the NH STAC meeting was a possible end of RTP in 2009.
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Postby rblank » Wed Apr 09, 2008 7:47 am

mike_belben wrote:gary told me that the RTP money is designated for 30% motorized only trails, 30% non-motorized trails, and 40% mixed use.


So that equates to $390,000 minimum for motorized use based on your 1.3M number. I'd be asking the State for a breakdown of how that money was spent on MOTORIZED trails. Should be accessible through the open records law. Enforcement is not an allowable use of RTP funds.

Mike, I think you need to go past the State level and start talking to the Feds that administer the program. In RI the DOT has a big say in how RTP funds are spent, I don't know if it's the same in MA. But you might be able to do an end-around. I'd also make the argument that the DCR meetings should be open public meetings. It's time to take on the juggernaut that is the Communistwealth.
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Postby Treasurer » Wed Apr 09, 2008 10:08 am

mike_belben wrote:gary told me that the RTP money is designated for 30% motorized only trails, 30% non-motorized trails, and 40% mixed use.

the fed gives the money with a very clear understanding that OHV's fit the definition of motorized trail users. the state only recognizes ATVs and Dirtbikes as motorized users, as we have zero OHV trails and basically zero representation pertaining to the federal endowment's allocation.

who is the road block? so far, it looks like gary but i cant be sure without getting inside DCR meetings. this is why i want on the boards, so i can actually learn the system, find out who is blocking us, sidestep, and nail them to the wall.

I banged my head against the wall with the Communistwealth 15 years ago. I see that nothing has changed since then. Good luck with this state.

also, the state fee breakdowns are, IMO, designed for failure. if you are only putting $2 of $54, or , and then , that then deteriorates, that then requires more maintenance, that deteriorates further..... you get closures.

3.7% toward expanding your trail system
20.3% on maintaining your trail network that never grows due to funding shortfalls, yet erodes due to increased demand
19% toward enlarging the bureaucracy
17.9% for enforcing the rules that the beauracracy puts in place, like "this trail closed due to overuse" ..that came from increasing demand without increasing land, now you have more offenders and a shortfall in enforcement dollars.

before long they throw their hands up crying that its all unsustainable. thats how MA operates anyways. the trails they've designed dont even have enough contiguous mileage to fit DCR's own trail system guideline of 30 miles. they lump seperate parks together to get the necessary mileage. some forests have been closed to dirtbikes but open to quads (or vice versa, but whats the damn difference?)
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Postby tammylynn » Wed Apr 09, 2008 1:44 pm

mike_belben wrote:moral of the story, government's are about the worst businesmen on the planet.


The lawyers and car salesmen will be glad to see that! :lol:
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Postby tammylynn » Wed Apr 09, 2008 1:45 pm

Scott Hatch wrote:It may be a mute point, one of our agenda items for discussion last night at the NH STAC meeting was a possible end of RTP in 2009.


:shock: Is that good or bad? Why is everything ending in 2009? Analog signals, now RTP's.
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Postby Treasurer » Wed Apr 09, 2008 1:55 pm

Oh no I have to give up analog. I am an analog child. What do I do?
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Postby rblank » Wed Apr 09, 2008 4:55 pm

tammylynn wrote:
Scott Hatch wrote:It may be a mute point, one of our agenda items for discussion last night at the NH STAC meeting was a possible end of RTP in 2009.


:shock: Is that good or bad? Why is everything ending in 2009? Analog signals, now RTP's.


Coincidence. It actually ended in 2004, but Congress extended the program another 5 years.

Time to buy an HD Big screen. 8)
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Postby Scott Hatch » Wed Apr 09, 2008 5:05 pm

Its a federal program and constantly reviewed after so many years. Bill Gegas spoke with the Program manager for the entire federal program out of the DC office. There is a very real possibility that this program could be killed and not be reauthorized.

NH STAC will be drafting a letter for support to continue the program that will be signed off by all STAC members. I think its important for other states to do the same
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Postby tammylynn » Wed Apr 09, 2008 9:33 pm

rblank wrote:Time to buy an HD Big screen. 8)


House first, HD Plasma Flat Screen wall mounted second. :)
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Postby Scott Hatch » Wed Apr 09, 2008 9:36 pm

They have some great 4-wheeling video games for those new TVs
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Postby tammylynn » Wed Apr 09, 2008 9:39 pm

Scott Hatch wrote:They have some great 4-wheeling video games for those new TVs


TIVO HD third and WII fourth. :lol:
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