Legislative Analysis
Phone: (517) 373-8080
ALLOW PEACE OFFICERS NOT CERTIFIED BY MCOLES
http://www.house.mi.gov/hfa
TO PATROL OFF-ROAD VEHICLE TRAILS
Analysis available at
House Bill 4021 as reported from committee http://www.legislature.mi.gov
Sponsor: Rep. Curtis S. VanderWall
Committee: Judiciary
Complete to 3-31-23 (Enacted as Public Act 210 of 2023)
BRIEF SUMMARY: House Bill 4021 would amend the Natural Resources and Environmental
Protection Act (NREPA) to replace references to law enforcement officers in provisions
pertaining to off-road vehicles (ORVs) with “peace officer” and define the term. The change
would allow a law enforcement agency to employ an officer to patrol ORV trails who was not
certified by the Michigan Commission on Law Enforcement Standards (MCOLES).
FISCAL IMPACT: The bill will have no fiscal impact on the state or on local units of government.
THE APPARENT PROBLEM:
In addition to conservation officers employed by the Department of Natural Resources (DNR),
law enforcement officers provide patrol services for trails and respond to incidents in the many
local, state, and federal parks and forest preserves in the state. In rural areas, where many of
the parks and forests are located, these services are often provided by sheriff’s deputies. Many
sheriff’s departments are short-staffed or working under budget constraints. Reportedly, a grant
provided by the DNR for ORV patrols cannot used for officers who are MCOLES-certified
due to conflicts with employment contracts. Some therefore use part-time deputies who are not
MCOLES-certified and who have limited police authority to patrol snowmobile trails. Under
current law, deputies who are not certified may provide patrol services on snowmobile trails if
they have received at least 40 hours of law enforcement training and training specific to
operation of snowmobiles under NREPA.
However, current law allows only MCOLES-certified deputies to patrol ORV trails. Since
ORVs utilize many of the same trails as snowmobiles, some feel that providing sheriff’s
departments the same flexibility to patrol ORV trails with either MCOLES or non–MCOLES
certified officers would increase safety on the ORV trails by having trained deputies available
on those trails and free up certified officers to conduct road patrols, respond to accidents, and
investigate crimes.
THE CONTENT OF THE BILL:
House Bill 4021 would amend NREPA to allow a law enforcement agency to employ an officer
who is not MCOLES-certified to patrol trails used by off-road vehicles. Specifically, the bill
would amend Part 811 (Off-Road Recreation Vehicles) of NREPA to replace references to
“local law enforcement officer,” “law enforcement officer,” or “officer” with the term peace
officer, which it would define to mean any of the following: 1
• A sheriff.
• A sheriff’s deputy.
• A village or township marshal.
1
This definition is similar to the definition of peace officer in Part 821 (Snowmobiles) of NREPA.
House Fiscal Agency Page 1 of 2
 • An officer of the police department of a municipality.
• A deputy authorized by a sheriff to enforce Part 811 who has satisfactorily
completed at least 40 hours of law enforcement training, including training specific
to Part 811.
• An officer of the Department of State Police.
• The director of the DNR and conservation officers employed by the DNR.
MCL 324.81101 et seq.
ARGUMENTS:
For:
Michigan is blessed with over 4,000 miles of recreational trails. Last year, more than 30,000
permits for ORVs were issued in the state, and some counties report that they see 500 to 2,000
people on trails in their jurisdictions per weekend. Although accidents and crimes on trails are
low, they do happen, and officers need to be visible on trails to increase public safety and to
able to quickly respond when incidents do occur.
According to testimony provided by sheriffs of rural counties, the inability to use trained
deputies who are not MCOLES-certified means that certified officers must be pulled off road
patrol if needed to respond to an incident on an ORV trail and to provide patrol services on the
trails on crowded weekends and holidays. In some counties, there may be only two or three
deputies available to respond to calls. If one or two must be reassigned to patrol ORV trails, it
leaves only one or two officers to cover a large geographic area. This can greatly increase
response times to an accident or a crime in progress. If sheriffs could employ full- or part-time
employees as deputies, provide training specific to ORV operations, and give them limited
police duties, similarly to what is allowed for deputies patrolling snowmobile trails and
providing marine patrols, it would save money and increase public safety by keeping the
certified officers available for road patrols and emergencies. In addition, many of the ORV and
snowmobile trails are the same. Deputies trained in providing snowmobile patrols are already
familiar with the trails. Enactment of the bill would therefore provide sheriffs’ departments
with greater flexibility to use available resources to increase public safety in their jurisdictions.
Against:
No arguments opposing the bill were presented in House committee testimony.
POSITIONS:
Representatives of the following entities testified in support of the bill (3-15-23):
• Michigan Sheriffs’ Association
• Lake County Sheriff’s Office
The Department of Natural Resources indicated support for the bill. (3-22-23)
Legislative Analyst: Susan Stutzky
Fiscal Analyst: Marcus Coffin
■ 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.
House Fiscal Agency HB 4021 as reported from committee Page 2 of 2


Statutes affected:
House Introduced Bill: 324.81101
As Passed by the House: 324.81101
As Passed by the Senate: 324.81101
House Concurred Bill: 324.81101
Public Act: 324.81101
House Enrolled Bill: 324.81101