(Submitted By Richard Goudarzi Of GSATV, 1/8/02)
The following is HB-1273 with modifications made by Richard Goudarzi, Executive Director of Granite State ATV. These modifications (outlined in blue) reflect the current GSATV position with respect to this bill. The GSATV amendments were presented to the NH State Resources, Recreation, and Development Committee, on January 6th, 2002 for review.
Note From Peter Sandstrom, MVTR's GSATV appointed board member- Richard has done a terrific job here in taking a piece of legislation that, in it's original form, would be devastating to the two and four wheeled ATV community in this state, and turned it into something that I think would be workable for all parties. Specifically he addresses the following four main problems with this bill i.e...
The Outlawing of WOHRV activities for youth
Accounting of funds between Snowmobile and Wheeled OHRVs.
Virtual ban on new WOHRV parks
Forced club participation
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1/7/02
DRAFT AMENDMENT TO HB 1273
Recommended changes to draft from GSATVA - R. Goudarzi (1/07/02)
Replace all after the enacting clause with the following:
1 Amend RSA 215-A:1 by inserting after paragraph V the following new paragraphs:
V-a. "OHRV club" means an organized, dues-paying, group
or association of OHRV users with by-laws registered with the secretary of state as a nonprofit organization.V-b. "OHRV training program" means a course of instruction approved or recognized by the department of fish and game
or department of Safety as appropriate for a certain type or types of OHRVs, that sufficiently covers proper operation, off-highway vehicle rider training, safety, laws and regulations, penalties, equipment maintenance, and other related matters pertaining to such type or types of OHRVs.2 Amend RSA 215-A:3, IV-a by adding the following new subparagraph after subparagraph (i);
(j) Maintain a list of recognized OHRV clubs.
3 Amend RSA 215-A:3, V as follows:
V. The chief supervisor of the bureau [in the interest of safety]
may make [suggestions] recommendations concerning
RSA 215-A:3-a and such rules as the chief supervisor feels may be necessary for
the use and control of OHRV trails, facilities and lands under bureau control or
lease to the commissioner of the department of resources and economic
development. The commissioner may adopt such [suggestions] recommendations
as rules as provided in RSA 215-A:3-a. A person who fails to observe rules
adopted under RSA 215-A:3-a shall be subject to the same penalties provided for
in other sections of this chapter.
4 Amend RSA 215-A:3, IX and X as follows:
IX. The commissioner of the department of resources and economic development
and the executive director of the department of fish and game shall each submit
an annual report to the chairperson of the [wildlife and marine
resources] fish and game committee of the house of
representatives and to the chairperson of the wildlife and recreation committee
of the senate which details their agency's [performance] activities
relating to OHRV programs during the previous fiscal year. Such
detail shall include, but not be limited to, as applicable to each agency’s
responsibility, registration revenues received by type of vehicle, an accounting
of all existing OHRV related funds and accounts, disbursements made by type of
vehicle and use of funds,
X. The commissioner of the department of resources and economic development
shall submit an annual report to the chairperson of the [wildlife and
marine resources] fish and game committee of the house of
representatives and to the chairperson of the [fish and game/recreation]
wildlife and recreation committee of the senate which details the
receipts and disbursements by type of vehicle of all grant-in-aid
funds received by the bureau pursuant to this chapter and RSA 260:61 during the
previous fiscal year. This report shall be submitted on or before [January
15] October 1 of each year.
5 Amend RSA 215-A:23, I to read as follows:
I. Individual resident registration-[$26] $55
(a) The first [$7] $17
(b) From the balance, $10.30 from each snow traveling vehicle
registration or [$9.30] $18.30
(c) For each 2-wheeled trail bike registration, a trail bike that complies with RSA 215-A:35-39 and is registered in the State of NH for on-road use will receive a (reduction) deduction of $25 ($10) from the 2-wheeled trail bike registration fee.
6 Amend RSA 215-A:23, III to read as follows:
III. Individual nonresident registration-[$36]
$75
(a) The first [$13] $23
(b) From the balance, $12.10 from each snow traveling vehicle
registration or [$11.10] $25.10
7 Amend RSA 215-A:23, VI to read as follows:
VI. (a) Any funds appropriated to the department of resources and economic development for administration of the bureau's grant-in-aid program shall be kept in a separate account and shall not be used for any other purpose.
TWO sub-accounts shall be kept within the separate account and separately designated for snow traveling vehicles and other "wheeled" OHRVs. The corresponding registration fee moneys allocated to the bureau’s grant-in-aid program under paragraphs I and III shall be deposited in the respective sub-accounts. Moneys in a sub-account may only be used for grant-in-aid projects pertaining to the type of vehicle for which the sub-account was established. Any unexpended balance in said account shall not lapse, but shall be carried forward to the next fiscal year. From each registration fee collected under this section, $5 shall be used for the purpose of purchasing trail grooming equipment and trail maintenance equipment. All remaining funds shall be used for trail maintenance and construction.(b) Grants-in-aid shall be granted to [organized
nonprofit] OHRV clubs
(c) All revenue appropriated in this paragraph shall be in addition to any other funds appropriated to the grant-in-aid program of the bureau of trails. Such revenue is hereby continually appropriated to the department of resources and economic development for the purposes of this paragraph.
8 Amend RSA 215-A:23, VII by (c) to read as follows:
(c) Land purchases, Eeasements
and rights-of-way. A separate account shall be established into which $9
9 Amend RSA 215-A:23, VIII as follows:
VIII. Any funds appropriated to the fish and game department shall be used for the following purposes:
(a) Enforcement of the provisions of RSA 215-A.
(b) Establishment of OHRV training programs. [in
the operation, safety, regulation, equipment maintenance, and other related
matters pertaining to OHRVs.]
(c) Law enforcement under this chapter, which shall be the responsibility of the executive director.
(d) OHRV registration.
(e) Such other purposes as may be budgeted within the limitation of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.
(f) Contracting with local police departments to enforce the provisions of this chapter and to provide related training and equipment, excluding equipment maintenance costs.
10 Amend RSA 215-A:24 as follows:
215-A:24 Issuing Agents; Fees. If any registration is issued
for the executive director by one of his duly authorized agents, such agent
shall collect from the registrant a fee of [$1] $2
in addition to the fee prescribed by RSA 215-A:23. Each application for
registration of an OHRV shall have printed thereon the words and figures,
"agent's fee [$1] $2." Such agent shall
retain the additional fee as compensation for his services in connection with
the issuance of such registration, except that, if the agent is on the payroll
of the executive director, the additional fee shall be retained by the
department of fish and game.
11 Amend RSA 215-A by inserting after section 26 the following new section:
215-A:26-a New Owner Notification of Laws. The bureau shall provide to OHRV dealers and rental agents a disclosure statement to inform buyers and renters of OHRVs of the laws and penalties relative to OHRV operation, including but not limited to, the need for permission to operate on the property of others. The disclosure statement shall be accompanied by a
current map showing known OHRV trails that are open to the public. OHRV dealers and rental agents shall request (require) each buyer or require renter to sign the disclosure document prior to each sale or rental of an OHRV. One copy should shall be retained by the OHRV dealer or rental agent, one copy shall be retained by the buyer or renter, and one copy shall be remitted to the fish and game department by the strike (dealer) or rental agent as a requirement of licensure under RSA 215-A:26.12 Amend RSA 215-A:29, II(a) as follows:
(a) A person at least [12] 16 years
of age who has successfully completed an approved OHRV [safety training
course] training program, or is licensed to drive a
vehicle in accordance with RSA 263 and has completed an approved OHRV
training program, if required under paragraph VI,, shall be allowed to
operate an OHRV in accordance with the provisions of this chapter. A person
operating an OHRV shall carry such person's valid driver's license or evidence
of the completion of an approved OHRV [safety training course] training
program, and shall present such evidence to any law enforcement officer
who is empowered to enforce this [section] chapter,
upon demand of such law enforcement officer. [Any person who possesses a]
A valid driver's license issued by authority of law of another
state or a province of Canada [or evidence of successful completion of
an approved OHRV safety training course authorized by the New Hampshire fish and
game department shall be allowed to operate an OHRV in accordance with the
provisions of this chapter] shall satisfy the driver licensure
requirement of this subparagraph..
13 Amend RSA 215-A:29, V and VI as follows:
V. [When the judge of a juvenile court determines
that a person who is less than 16 years of age has violated this section, the
judge shall immediately report the determination to the state fish and game
department. If the person holds an OHRV safety certificate, the] The
executive director of the fish and game department[, upon receiving a
notice of a determination pursuant to this section,] may suspend [the]
a person's OHRV [safety] training program
certificate, in accordance with rules adopted under RSA 541-A, [without
a hearing] for violating any provision or rule of this chapter.
The terms of such suspension shall be determined by the executive director.
VI.(a) OHRV [safety training] training
programs shall be established within the OHRV budget of the New
Hampshire fish and game department as referred to in RSA 215-A:23, VIII. The
department shall issue a certificate to any person successfully completing an
OHRV training program administered or sponsored by the department.
(b) No person born on or after the dates provided in this subparagraph shall operate an ATV or trail bike in the state
(on state lands or public trail systems) without having successfully completed an approved OHRV training program: (excepting those persons over the age of 18 who are able to demonstrate they have registered and operated an OHRV previous to the enactment of this amendment)Date of Birth Training Program Required
January 1, 1988 January 1, 2003
January 1, 1984 January 1, 2004
January 1, 1980 January 1, 2005
January 1, 1976 January 1, 2006
January 1, 1972 January 1, 2007
January 1, 1968 January 1, 2008
All January 1, 2009
14 Amend RSA 215-A:29 by adding after paragraph XIX the following new paragraph:
XX. No person shall operate an OHRV wider than 50 inches or over 800 pounds on any state-owned trails.
15 Amend RSA 215-A by inserting after section 40 the following new subdivision:
OHRV Operation on State Lands
215-A:41 Intent.
I.
The general court declares it to be in the public interest to respond to the increasing need for OHRV trails on both state and private lands as it has for the snowmachine users and to the best recreational practices work to cooperate and balance trail development:(a) With other motorized and non-motorized recreational trail uses;
II. In furtherance of the public interest, the bureau, in cooperation with the department of fish and game, shall work to develop a system of trails for OHRV's on both public and private lands that: offers equal access and opportunity for wheeled recreationalists and:
(a) Encourages the use of private lands under voluntary agreement with landowners;
(b) Uses public lands in addition to private lands to meet current or projected OHRV demand, and when such public lands can host OHRV trails without unduly affecting existing uses and management goals and plans;)
(c) Maximizes the benefits of both a corridor network as well as a system of self-contained trails;)
(d) Is managed cooperatively with formally established OHRV clubs and associations recognized by the bureau;
(e) Is appropriately and reasonably monitored for use and environmental concerns with curtailment of trail use if such conditions are found to exist that cannot be reasonably accommodated through appropriate maintenance;
(f) Ensures consistent enforcement of all laws as set forth in this chapter; and
(g) Provides opportunities for public input in all decisions regarding development of new or significantly revised trail systems on state lands.
215-A:42 State Parks and Forests. All trails under the
jurisdiction of the department of resources and economic development so far as
possible and consistent with their primary functions and the provisions of
this subdivision and RSA 216-F, shall be made available for use by OHRVs
subject to the fees[,] and rules as established by the [directors
of the division of parks and recreation and the division of forests and lands
with the approval of the] commissioner of resources and economic
development under RSA 541-A.
215-A:43 ATV and Trail Bike Trails.
I.
ATV or trail bike trails shall be established after the effective date of this paragraph or subsequently maintained on state-owned property using to the greatest extent possible the following conditions:(a) The property has been evaluated by the bureau using the coarse and fine filter criteria, established under RSA 215-A:44, and has passed such criteria as determined by the bureau
or the need for the use of the property can be adequately justified and supported by defined management plans.(c) Whenever possible a written agreement should be effect or in planning
between the bureau and a locally organized ATV or trail bike club recognized by the bureau that details the club’s on-going responsibilities, including but not limited to, monitoring the use and condition of the trail, erecting signage, educating operators, and performing maintenance. Should the club fail to fulfill some or all of its responsibilities, the bureau or its agent may assume such responsibilities provided sufficient resources are available and committed.(
d) A management plan should be developed for the property that specifically allows ATV or trail bike use on the property. Any state agency proposing to establish or change a management plan that affects recreational use on state property shall publicize such plan and provide the public with the opportunity to comment on the plan before enactment. Excessive delays in changes to a property management plan should be avoided.II. An ATV or trail bike trail on state-owned property may be closed by either the bureau or any state agency that is a custodian of property on which such ATV or trail bike trail is located, if either finds that ATV or trail bike use on the property is not in conformance with this chapter
only after the public is provided the opportunity to comment on the closure.215-A:44 Coarse and Fine Filter Criteria. Any new ATV or trail bike trail proposal on state-owned property shall be evaluated by the department of resources and economic development using a 2-step process.
I. The new ATV or trail bike trail proposal shall be considered to have passed the initial screening process if the following coarse filter criteria are met:
(a) There are no deed restrictions, laws, or purchase funding source restrictions that prohibit the use of ATVs or trail bikes on the property
that cannot be addressed through public input process;(b) Less than 90% of the property is composed of the following types of areas in combination:
(i) Exemplary natural communities as identified in the natural heritage inventory program as defined in RSA 217-A:3, XVI;
(ii) Habitat necessary for the successful breeding or survival of federal or state listed endangered or threatened species; and
(iii) Forested wetlands consisting of group IIB forest soils as defined and mapped by the Natural Resources Conservation Service or non-forested wetlands as defined by the department of environmental services.
(c) If it is to be a trail network
(??what is the definition of a trail network) , at least 700 (50) contiguous acres are available within which the trail network can be situated, in either single state ownership or as a combination of state and non-state properties.(d) If it is to be a trail corridor link, the trails which are being connected exist or will exist when the trail corridor link is established, or
the link is part of an overall statewide plan.(e) The use of ATVs or trail bikes on the property does not conflict with the purpose for which the property was acquired by the state as provided by law, or as attested to by letters from grantors, department memoranda, historic records, or other credible documents, or, if such conflict exists, it has been set aside by some legal means that includes a formal review process by the custodial state agency
and there has been a public hearing to allow for input to the decision.(f) The use of ATVs or trail bikes on the property is not prohibited by an existing management plan for the property
and there has been a public input review addressing the use.II. A new ATV or trail bike trail proposal that has passed the initial screening process of the coarse filter criteria under paragraph I shall proceed into a planning and layout phase and shall be considered to have passed such phase if the following fine filter criteria are met:
(a) The new trail is supported by an organized ATV or trail bike club recognized by the bureau
or the establishment of the trail will provide the opportunity to create a local organization ;(b) ATVs or trail bikes operated on the trail will comply with maximum decibel limit established by law;
(c
) As is reasonable parking exists or will be developed for the type of trail being proposed and the number of expected riders;(d) The proposal is compatible with local planning and zoning ordinances;
(e) The proposed trail does not pass through a parcel with deed restrictions;
(f) The proposal is compatible with noise and obnoxious use ordinances;
(g) The proposal is reasonably compatible with existing uses;
(h) The proposal does not violate federal, state, or local laws;
(i) The proposal includes a monitoring and response system designed to detect and correct adverse environmental impacts;
(j) The proposed trail layout incorporates existing motorized travel corridors whenever possible;
(k) The proposed trail layout minimizes further fragmentation of blocks of forestland by locating trails on areas with existing development whenever possible;
(l) The proposed trail does not pass through a wellhead protection area as determined by the department of environmental services under RSA 485:48, II;
(m) The proposed trail is not located on earthen dams, dikes, and spillways;
(n) The proposed trail avoids areas having soil types classified as important forest soil group IIA or IIB as defined and mapped by the Natural Resources Conservation Service, unless there is an existing soil condition or surface roadway that can be used to reduce adverse environmental impacts;
(o) The proposed trail is not within 100 feet of the ordinary high water mark of first and second order streams, 330 feet of 3rd order streams, and 600 feet of fourth order and higher streams, except for purposes of stream crossing
or appropriately planned and designed to have minimal environmental impact on the stream;(p) All stream crossing structures meet 5-year flood design criteria;
(q) The proposed trail is not within 200 feet of any water body, forested or non-forested wetland, or vernal pool;
(r) The proposed trail avoids elevations over 2700 feet
unless the trail is required for extending or connecting a trail system and has been designed for miniamal environmental impact;(s) The proposed trail avoids
known, identified and currently existing important wildlife habitat features for species of concern;(t) The proposed trail avoids known locations of federally and state listed endangered or threatened species, or their habitat, as specified on a site specific basis by the fish and game department;
(u) The proposed trail avoids known locations of rare plants and exemplary natural communities, as specified on a site specific basis by the natural heritage inventory;
(v) The proposed trail avoids alteration or disturbance of
known unique geologic features, formations, and designated state geologic waysides, as specified on a site specific basis by the state geologist;(w) The proposed trail avoids alteration, disturbance and adverse impacts to
known or newly discovered cultural and historic resources;(x) The proposed trail is not within 330 feet of known raptor nest trees, or within 650 feet of trees with eagle or osprey nests;
(y) The proposed trail is more than 650 feet from
known eagle winter roosting areas and 330 feet from the edge of wetlands containing heron rookeries.(z)
The proposed trail layout has appropriate trail design;(aa) Safety standards for highway crossings are met;
(cc) Local enforcement officers have been contacted to review and provide input regarding enforcement issues.
III. The bureau shall hold at least one meeting to inform the public and local cities and towns of the plan and layout for a proposed ATV trail, consistent with the fine filter criteria in paragraph II, and to provide an opportunity for the public to comment. Information on the plan and layout shall be made available to the public at a place in the area in which the proposed trail is to be located, at the bureau’s office in Concord, and on the internet. The meeting and the places to obtain the information on the plan and layout shall be advertised at least 14 days prior to the meeting in a newspaper of statewide circulation and also in any local newspapers to the cities and towns in which the state property is located.
STRIKE-entire section 215-A:45 OHRV Club Requirement. As of July 1, 2004, no person shall operate an ATV or trail bike on state lands, without special permission of the bureau, unless such person is a current member of an OHRV club recognized by the bureau. Proof of membership shall be carried on such person and shall be presented upon demand of a law enforcement officer.16 Amend RSA 260:61, II as follows:
II. The OHRV bureau's grant-in-aid program shall bear the expenses of the following:
(a) A liability insurance policy for the benefit of landowners who allow snowmobilers, ATVs or trail bikes to use their property, and
(b) A liability insurance policy for the benefit of landowners who lease their land to the state of New Hampshire for use by snowmobilers, ATVs or trail bikes.
17 Increase in Fines. It is the intent of the general court that fines levied by the courts against persons who violate the provisions of this chapter should be increased to further discourage the unlawful use of OHRVs. The executive director shall submit to the supreme court a recommended uniform fine schedule to the supreme court that reflects this intent, provided such recommendation has not already been submitted prior to the effective date of this act, but on or after January 1, 2002.
18 Current Projects. The trails bureau, division of parks and recreation, department of resources and economic development, should move forward with ATV projects in process that comply with the provisions of RSA 215-A..
19 Nash Stream Forest. The commissioner of the department of resources and economic development should move forward with the planning and approval process for the proposed ATV connecting trail in the Nash Stream Forest, in cooperation with a local ATV club.
20 State-owned ATV Trail. Within 90 days of the effective date of this paragraph, the commissioner of the department of resources and economic development shall select, using the course filter criteria of RSA 215-A:44, I, one site on state public lands that is suitable for a new ATV trail network. Once the lands are identified, the trails bureau shall work expeditiously to develop and open the ATV trail network in conformance with the provisions of RSA 215-A.
21 ATV Trails Plan.
I. The office of state planning, directly or through outside contractors, in cooperation with the department of resources and economic development, shall prepare an ATV trails plan by December 31, 2003. The plan shall
address all trail types from self-contained for intensive use to linear trails establishing a statewide network of corridors providing regional opportunities for economic growth. The plan shall accomplish the following:(a) Provide an inventory of the ATV trails open to the public in the state, including the length and condition of the trails, persons or organizations responsible for maintenance, funding levels for maintenance, and estimated ATV use.
(b) Provide an assessment of the amount of ATV trail expansion required to reasonably accommodate the public need in the next 5 years.
(c) Propose additional sites of strategically located lands where public/private partnerships will allow development of ATV trails.
(d) Propose sites for the acquisition by the state of strategically located lands for the development of ATV trails.
II. An amount of $30,000 is appropriated to the office of state planning from the other OHRVs sub-account, established under RSA 215-A:23, VI(a), to complete the ATV trails plan. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
22 Local Enforcement Pilot Program. An amount of $20,000 shall be used from moneys appropriated to the fish and game department under RSA 215-A:23, I(b) and III(b) to fund a pilot program during fiscal year 2003 on local enforcement as provided for in RSA 215-A:23, VIII(f).
23 Repeal. RSA 215-A:31, relative to state parks and forests, is repealed.
24 Effective Date. This act shall take effect on July 1, 2002.
Example of Additional Enforcement Language From Existing
Boating StatutesThat Could Be Adapted For OHRVs
270:46-a Boat Safety Fund; Boat Safety Course.
I. In addition to any other penalty imposed, any person who is convicted of violating any of the following boating laws or rules of the division of safety services shall be assessed an administrative penalty of $200 to be paid to the director of safety services who shall forward such sum to the state treasurer for deposit in the boat safety fund:
(a) RSA 270:12-b, disobeying an officer.
(b) RSA 270:29-a, careless and negligent operation of boats.
(c) RSA 270:50, refusal of consent.
(d) RSA 270:48-a, operating boats under the influence of liquor or drugs.
II. Any person who pays such penalty and who, within 6 months of conviction, completes at such person's own expense a boat safety course as specified in rules adopted, under RSA 541-A, by the director of safety services shall have his $200 refunded to him from the boat safety fund by the director. All moneys deposited in the boat safety fund shall be continually appropriated to the division of safety services.
III. In addition to any other penalty imposed, any person who is convicted of violating any of the following boating laws or rules of the division of safety services, and who has not already successfully completed an approved boating safety course shall complete a boat safety course, at that person's own expense, within 6 months of conviction. Any person who fails to complete the boat safety course within 6 months may be prevented from reregistering the boat:
(a) Laws or rules relative to speed limit, safe passage, or personal flotation devices.
(b) RSA 270:37, decibel limits on noise.