Bill Summary – FastDemocracy

Legislative Analysis
                                                                                Phone: (517) 373-8080
PROHIBIT VEHICLES OTHER THAN SNOWMOBILES
                                                                                http://www.house.mi.gov/hfa
ON SNOWMOBILE TRAILS
                                                                                Analysis available at
House Bills 4535 (H-2) and 4536 as passed by the House                          http://www.legislature.mi.gov
Sponsor: Rep. Ken Borton
Committee: Natural Resources and Outdoor Recreation
Complete to 12-2-21
BRIEF SUMMARY: House Bill 4535 would amend the Natural Resources and Environmental
     Protection Act (NREPA) to prohibit a motor vehicle other than a snowmobile from operating
     on certain trails from December 1 through March 31, and House Bill 4536 would amend the
     Revised Judicature Act to reflect the changes to NREPA proposed by House Bill 4535.
FISCAL IMPACT: The bill may increase revenue for the Department of Natural Resources (DNR)
     by expanding the conditions under which revenue is generated for the Snowmobile Trail
     Improvement Fund. This fund has averaged $8.8 million in annual revenue over the past five
     fiscal years. The department uses the fund primarily to support the Snowmobile Local Grants
     Program, which provides grants to local units of government, snowmobile clubs, and other
     organizations to maintain and expand the state’s snowmobile trail system; this program was
     appropriated at $8.1 million in FY 2020-21. The bill is unlikely to affect departmental costs,
     beyond a possible increase to DNR law enforcement contingent upon the extent of additional
     regulatory responsibility, and is unlikely to directly affect local government revenues or costs.
THE APPARENT PROBLEM:
           According to committee testimony, many off-road vehicle (ORV) trails are groomed in the
           winter months for use as snowmobile trails. Grooming these trails during the winter ensures
           that the trails are safe for snowmobilers to use. However, vehicles with wheels can create large
           ruts that can be impossible to groom out. This causes irreparable damage to snowmobile trails
           and poses deadly risks to snowmobile riders, who can be severely injured when hitting a rut
           while traveling at high speeds. Additionally, many of these trails are narrow, with blind corners
           and sharp turns. While these trails are manageable for multiple snowmobiles to traverse, a
           dangerous situation is created when snowmobilers abruptly encounter a wheeled vehicle on the
           other side of the turn and immediately find that there is not room on the trail for both the
           snowmobile and the wheeled vehicle. To address these concerns, legislation has been proposed
           to prohibit wheeled vehicles on snowmobile trails.
THE CONTENT OF THE BILLS:
           House Bill 4535 would add section 82163 to Part 821 (Snowmobiles) of NREPA to prohibit a
           person from operating a motor vehicle other than a snowmobile on a trail from December 1
           through March 31 each year if both of the following apply:
               • The trail is part of the statewide trail network established under NREPA1 and is
                  designated for snowmobile use.
               • The trail is snow-covered, and the snow is groomed for snowmobile use.
1
    See MCL 324.72114: http://legislature.mi.gov/doc.aspx?mcl-324-72114
House Fiscal Agency                                                                               Page 1 of 3
                    The bill would amend the definition of snowmobile for purposes of Part 821 to mean
                    a vehicle that is engine-driven, has an endless belt tread, was originally manufactured
                    solely for operation over snow, and is steered by two sled-type runners or skis that are
                    in contact with the snow, with a distance (except for a historic snowmobile) of not
                    more than 48 inches between the centers of the spindles. Snowmobile would not
                    include an ORV that requires a license under NREPA or a vehicle required to be
                    licensed under the Michigan Vehicle Code.
                    Historic snowmobile means a snowmobile over 25 years old that is owned solely as a
                    collector’s item and for occasional use and for participation in club activities,
                    exhibitions, tours, parades, and similar uses, including mechanical testing.
                    For purposes of the bill, motor vehicle would mean any vehicle that is self-propelled,
                    except for a power-driven mobility device (as defined in the Michigan Vehicle Code)
                    when it is being used by an individual with a mobility disability.
           The bill would allow for exceptions from the above prohibition in the following circumstances:
              • If the motor vehicle is being used for emergency or law enforcement purposes.
              • If the motor vehicle is being used for approved grooming activities on the trail.
              • If the portion of the trail on which the vehicle is operated is a crossing with a highway
                   or street or a trail where operation of the vehicle is otherwise authorized.
              • If and to the extent the DNR waives the prohibition for department-sponsored events
                   or other circumstances as determined by the director of the department or a designee.
           A person who violates the new section would be responsible for a state civil infraction and
           could be ordered to pay a civil fine of up to $200. A fine resulting from a violation of the new
           section would be deposited into the Recreational Snowmobile Trail Improvement Subaccount,
           in addition to its current funding sources.
           Additionally, section 82110 of NREPA now requires $5 of each fee collected under section
           82105 to be deposited into the Recreational Snowmobile Trail Improvement Subaccount. The
           bill would remove this provision and instead require that a portion of each registration fee
           collected for a historic snowmobile under section 82106 be deposited into the subaccount.2
           MCL 324.82101 and 324.82110 and proposed MCL 324.82163
           House Bill 4536 would exempt the civil fine collected for a violation of section 82163 of
           NREPA (proposed by House Bill 4535) from being used to support public libraries and county
           law libraries in Michigan.
           Currently under the act, all civil fines of a state statute are exclusively applied to the support
           of public libraries and county law libraries. The bill would amend this provision to allow the
           civil fines collected for a violation of the new NREPA section to be deposited into the
           Recreational Snowmobile Trail Improvement Subaccount.
           MCL 600.8831
           The bills are tie-barred, which means that neither can take effect unless both are enacted.
2
    Section 82106 provides for allocation of fees: http://legislature.mi.gov/doc.aspx?mcl-324-82106
House Fiscal Agency                                 HBs 4535 (H-2) and 4536 as passed by the House    Page 2 of 3
ARGUMENTS:
For:
          Supporters of the bills argue that keeping as many wheeled vehicles off snowmobile trails as
          possible is imperative so that the trails stay rideable and safe for snowmobilers. Additionally,
          the new funds raised through the bills would provide more funding to keep the trails properly
          groomed for safe snowmobiling.
Against:
       Concerns were raised during committee testimony, with some arguing that more education
       should be provided to ORV riders about snowmobile trails before instituting the prohibition
       and penalties for wheeled vehicles. Reportedly, most ORV drivers are unaware that they are
       on snowmobile trails, and simple signage could go a long way to ensure proper usage of and
       traffic on the trails.
      In addition, some argued that because section 9 of Article VIII of the state constitution requires
      all penal fines to be directed to libraries,3 the exemption proposed by HB 4536 would be
      unconstitutional and that the collection of civil fines under the bills could not be diverted from
      supporting public libraries and county law libraries in Michigan.
Response:
      While all penal fines are constitutionally mandated to be directed to libraries, this provision
      does not apply to civil fines, which are directed to libraries by statute. This statute would be
      amended by House Bill 4536 specifically to allow money collected from the civil fine proposed
      by House Bill 4535 to be directed into the Recreational Snowmobile Trail Improvement
      Subaccount.
POSITIONS:
          Representatives of the following entities testified in support of the bills (6-17-21):
             • Michigan Snowmobile and ORV Association
             • ORV Advisory Workgroup
          A representative of the Department of Natural Resources testified with a neutral position on
          the bills. (6-17-21)
          A representative of the Michigan Library Association testified in opposition to the bills.
          (6-17-21)
                                                              Legislative Analyst: Emily S. Smith
                                                                   Fiscal Analyst: Austin Scott
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
3
    See https://www.michigan.gov/libraryofmichigan/0,9327,7-381-88855_89735_89760_89975---,00.html
House Fiscal Agency                            HBs 4535 (H-2) and 4536 as passed by the House        Page 3 of 3
Statutes affected: 
House Introduced Bill: 324.82101, 324.82110
As Passed by the House: 324.82101, 324.82110