ORV ORDINANCE S.B. 371 (S-2): FLOOR SUMMARY
[Please see the PDF version of this analysis, if available, to view this image.]






Senate Bill 371 (Substitute S-2 as reported)
Sponsor: Senator Darwin L. Booher
Committee: Outdoor Recreation and Tourism

CONTENT
The bill would amend Part 811 (Off-Road Recreation Vehicles) of the Natural Resources and Environmental Protection Act to do the following:

-- Eliminate a July 16, 2013, sunset on provisions authorizing eligible counties, and townships and municipalities within those counties, to adopt an ordinance allowing the operation of off-road vehicles (ORVs) on road shoulders.
-- Authorize additional counties to adopt such an ordinance.
-- Provide that a township ORV ordinance would not take effect until one year after the county in which it was located became an eligible county.


Part 811 allows the county board of commissioners of an eligible county, the township board of a township located in an eligible county, and the legislative body of a municipality (i.e., a city or village) located in an eligible county, to adopt an ordinance authorizing the operation of ORVs on the maintained portion of one or more roads located within the county, township, or municipality.

"Eligible county" means any of the following:

-- Mason, Lake, Osceola, Clare, Gladwin, Arenac, or Bay County or a county lying north of those counties, including all of the counties of the Upper Peninsula.
-- Huron, Tuscola, Sanilac, Saginaw, Gratiot, Montcalm, or St. Clair County.


Under the bill, Oceana, Newaygo, Mecosta, Isabella, and Midland Counties also would be eligible counties.


MCL 324.81131 Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill would have an indeterminate fiscal impact on local government. There are no data to indicate how many individuals would be found responsible for violating an ORV ordinance. To the extent that the bill resulted in an increase or decrease in adjudications of responsibility, local governments' costs of enforcement and fine revenue could be affected.


Date Completed: 5-26-11 Fiscal Analyst: David Zin

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb371/1112