The Responsible ORV Use Act

The People of the State of <insert your state here>, represented in the State Legislature, do enact as follows:

Section 1. Short Title.

This Act shall be known and may be cited as The Responsible ORV Use Act.

Section 2. Findings.

The legislature finds that:

(A) ORVs are enjoying an ever-increasing popularity and that the indiscriminate and uncontrolled use of those vehicles has a deleterious impact on the personal property, wildlife habitats, native wildlife, and native flora of our state; and

(B) The legislature hereby declares that effectively managed areas and adequate facilities for the use of ORVs and conservation and enforcement are essential for ecologically balanced recreation.

Section 3. Intent.

It is the intent of the legislature that:

(A) Existing ORV recreational areas, facilities, and opportunities be managed in a sustainable manner consistent with this Act;

(B) New ORV recreational areas, facilities, and opportunities be managed in a sustainable manner consistent with this Act;

(C) When areas or trails or portions thereof cannot be maintained to appropriate established standards for sustained long-term use, they shall be repaired to prevent accelerated erosion. Those areas shall be temporarily closed until they can be managed within the resource management standards and can be rehabilitated;

(D) Prompt and effective implementation of the ORV recreation program shall have an equal priority among other programs in the Department; and

(E) ORV recreation be managed in accordance with this Act through financial assistance to local government and joint undertakings with agencies of the United States.

Section 4. Definitions.

As used in this Act:

(A) “Closed Course” includes, but is not limited to, a speedway, racetrack, or a prescribed and defined route of travel on or off a highway that is closed to all motor vehicles other than those of participants. A closed course is one which is not available at any time for vehicular access by the general public.

(B) “Conservation” means activities, practices, and programs that sustain soils, plants, wildlife, and their habitat.

(C) “Dealer” means a person engaged in the sale, lease, or rental of an ORV as a regular business or, for purposes of selling licenses under Section 5, any other person authorized by the Department to sell licenses or permits, or both, under this Act.

(D) “Department ” means <agency in your state designated with authority to regulate ORV use.>

(E) “Forest Trail” means a designated path or way capable of travel only by a vehicle less than 50 inches in width.

(F) “Fund” means the off-road vehicle trust fund created in section 26 of this Act.

(G) “Highway” means the entire width between the boundary lines of a way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel.

(H) “Highly Restricted Personal Information” means an individual’s photograph or image, social security number, digitized signature, and medical and disability information.

(I) “Late Model ORV” means an ORV manufactured in the current model year or the 5 model years immediately preceding the current model year.

(J) “Manufacturer” means a person, partnership, corporation, or association engaged in the production and manufacture of ORV’s as a regular business.

(K) “Operate” means to ride in or on, and be in actual physical control of, the operation of an ORV.

(L) “Operator” means a person who operates or is in actual physical control of the operation of an ORV.

(M) “ORV” or “Vehicle” means a motor driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, or immediately over land, snow, ice, marsh or other wetland types, or other natural terrain. ORV or vehicle includes, but is not limited to, a multitrack or multiwheel drive vehicle, an ATV, an off-highway vehicle, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than muscle or wind. ORV or vehicle does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.

(N) “Owner” means any of the following:

(O) “Person with Disabilities” means a person who has 1 or more of the following physical characteristics:

(P) “Personal Information” means information that identifies an individual, including an individual’s driver identification number, name, address not including zip code, and telephone number, but does not include information on ORV operation or equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally-related information.

(Q) “Public Agency” means the Department or a local or federal unit of government.

(R) “Rehabilitation” means, upon closure of the unit or any portion thereof, the restoration of land to the contours, the plant communities, and the plant covers comparable to those on surrounding lands or at least those which existed prior to ORV use.

(S) “Roadway” means that portion of a highway improved, designated, or ordinarily used for vehicular travel. If a highway includes 2 or more separate roadways, the term roadway refers to a roadway separately, but not to all roadways collectively.

(T) “Route” means a forest road or other road that is designated for purposes of this part by the Department.

(U) “Safety Chief Instructor” means a person who has been certified by a nationally recognized ATV and ORV organization to certify instructors and to do on-sight evaluations of instructors.

(V) “System” means the state off-road vehicular recreation areas and trails within the state.

(W) “Visual Supervision” means the direct observation of the operator with the unaided or normally corrected eye, where the observer is able to come to the immediate aid of the operator.

Section 5. Creation of the ORV System.

(A) State vehicular recreation trails shall consist of corridors which are designated and maintained for recreational travel by ORVs, which are not generally suitable or maintained for normal travel by conventional two-wheel drive vehicles, and which are designated for ORV travel by the owner of, or other person or public entity having control over, the property traversed by the trail. State vehicular recreation trails may include lands designated and maintained as trailheads. State vehicular recreation trails shall be selected and managed in accordance with this Act. Trails designated pursuant to this section may be known as the ORV System.

(B) The protection of public safety, the appropriate utilization of lands in the system, and the conservation of land resources in the system are of the highest priority in the management of the system; and, accordingly, the Department shall monitor ORV use and impact, promptly repair and continuously maintain areas and trails, anticipate and prevent accelerated and unnatural erosion, prevent species impacts, prevent personal property damage, prevent wildlife habitat damage, and restore lands damaged by ORVs to the extent possible.

Section 6. Department to Promulgate Rules and Regulations.

(A) The Department shall adopt such regulations as are necessary to carry out the purposes of this Act. In carrying out the provisions of this Act, and in order to establish protection efforts across jurisdictions and ecosystems, the Department may enter into agreements that are consistent with this Act with federal agencies, other state agencies, political sub-departments of the state or other states.

(B) The Department may promulgate rules governing the operation and conduct of ORVs, vehicle identification, vehicle speed limits, use of vehicles by day and hour, and the establishment and designation of areas within which vehicles may be used in a manner compatible with the public safety and general welfare of people, animals, habitat, frozen waters and wetlands.

(C) The Department, on its own initiative or upon receipt of a certified resolution of the governing body of a local unit of government, may initiate investigations into the need for special rules governing the operation of vehicles on the frozen surface of public waters and the submerged wetlands adjacent to the navigable waters of the state. If controls for that activity are considered necessary, or when the amendment or rescission of an existing rule is required, a rule shall be prepared. Notice of a public hearing shall be made not less than 10 days prior to the hearing, in a newspaper of general circulation in the area within which the rules are to be imposed, amended, or rescinded.

(D) The proposed rule shall then be submitted to the governing body of the political sub-department in which affected frozen waters or wetlands lie. Within 30 calendar days, the governing body shall inform the Department that it approves or disapproves of the proposed rule. If the governing body disapproves the proposed rule, further action shall not be taken. If the governing body approves the proposed rule, a local ordinance may be enacted which shall be identical to the rule, and which ordinance shall not be effective until the rule is in effect in accordance with law. The Department shall then promulgate the rule.

(E) When an ordinance is enacted under the authority of a rule, and that rule is subsequently suspended by the legislature, or amended or rescinded by the Department, the ordinance shall also be suspended, amended, or repealed.

(F) All persons having the authority under our state law to enforce any of the laws of this state shall enforce a rule promulgated under this section.

Section 7. Regulation by Local Political Sub-Departments or State Agencies.

Notwithstanding any of the provisions of this Act, any city, county, or other political Sub-Department of this state, or any state agency, may regulate the operation of an ORV on public lands, waters, and other properties under its jurisdiction, and on streets or highways within its boundaries by adopting regulations or ordinances of its governing body, provided such regulations are not less stringent than the provisions of this Act.

Section 8. ORV Registration and Licensing.

(A) The owner of an ORV requiring licensure under this part shall file an application for a license with the Department or a dealer on forms provided by the Department. If an ORV is sold by a dealer, the application for a license shall be submitted to the Department by the dealer in the name of the owner. The application shall be signed by the owner of the vehicle, and shall be accompanied by a fee of $20.00. A person shall not file an application for registration that contains false information. Upon receipt of the application in approved form and upon payment of the appropriate fee, the Department or dealer shall issue to the applicant a license identification plate and registration certificate, which shall be valid for the 12-month period for which it is issued.

(B) The license identification plate shall be permanently attached to the vehicle in the manner prescribed and in the location designated by the Department before the vehicle may legally be operated in accordance with this part. The license identification plate shall have letters or numbers at least 2 inches high and shall be mounted or affixed in a position to be clearly visible, and shall be maintained in a condition so as to be clearly legible. No covering shall be used on the identification plate or device.

(C) Every owner upon receipt of a registration certificate shall maintain the same or a facsimile copy thereof with the vehicle for which it is issued at all times when the vehicle is operated or transported. The provisions of this section do not apply when a registration certificate or license identification plate is removed from the vehicle for the purpose of application for renewal or transfer of identification.

(D) Upon payment of a $40 fee the Department may issue to a nonresident of this state a special permit to operate an ORV within the state system. Special permits issued under this section shall expire on December 31 in the year following the year of their issuance.

(E) If any identification certificate or identification plate or device is stolen, lost, mutilated or illegible, the owner of the vehicle for which the same was issued, as shown by the records of the Department, shall immediately make application for and may, upon furnishing information satisfactory to the Department, obtain a duplicate or substitute or a new identification under a new number, as determined to be most advisable by the Department. An application for a duplicate identification certificate is not required in conjunction with any other application.

(F) A vehicle registered under <insert automobile registration laws for your state> is exempt from the licensure provisions of this part, unless the vehicle is operated as an ORV off highways, roadways, streets, and forest roads.

(G) A person shall not operate an ORV that is not registered except that an ORV operated solely on private property by the owner of the property, a family member of the owner, or an invited guest of the owner is exempt from the licensure provisions of this part.

Section 9. Liability in ORV Operation.

(A) A dealer shall maintain in safe operating condition an ORV rented, leased, or furnished by the dealer. The dealer, dealer’s agents, or employees shall explain the operation of the vehicle being rented, leased, or furnished, and if the dealer, dealer’s agent, or employee believes the person to whom the vehicle is to be rented, leased, or furnished is not competent to operate the vehicle with safety to that person or others, the dealer, dealer’s agent, or employee shall refuse to rent, lease, or furnish the vehicle.

(B) A dealer renting, leasing, or furnishing a vehicle shall carry a policy of liability insurance subject to limits, exclusive of interest and costs, with respect to the vehicle, as follows:

(C) No owner or other person having legal control of property is liable for any actions of any type resulting from, or caused by, the user of an ORV who is trespassing on property outside the designated ORV system.

Section 10. False Representation Prohibited.

(A) A person who makes a false representation or false certification to obtain personal information under this part, or who uses personal information for a purpose other than a permissible purpose, is guilty of a felony.

(B) A person who is convicted of a second violation of this false representation section is guilty of a felony punishable by imprisonment for not less than 2 years or more than 7 years, or by a fine of not less than $1,500.00 or more than $7,000.00, or both.

(C) A person who is convicted of a third or subsequent violation of this false representation section is guilty of a felony punishable by imprisonment for not less than 5 years or more than 15 years, or by a fine of not less than $5,000.00 or more than $15,000.00, or both.

Section 11. <For Any Additions>

Section 12. Regulated Conduct.

No person shall operate an ORV:

(A) At a rate of speed greater than is reasonable and proper, or in a careless manner having due regard for conditions then existing.

(B) In such a way as to endanger human life.

(C) Except on roads, trails, or areas designated for this purpose.

(D) During the hours of – hour after sunset to hour before sunrise – without displaying a lighted headlight and lighted taillight.

(E) In a state game area or state park or recreation area, except on roads, trails, or areas designated for this purpose. However, the Department may permit an owner and guests of the owner to use an ORV within the boundaries of a state forest in order to access the owner’s property.

(F) On or across a cemetery or burial ground, or land used as an airport.

(G) Unless the vehicle is equipped with a spark arrester type United States Forest Service approved muffler, in good working order and in constant operation. Exhaust noise emission shall not exceed 86 db(a) or 82 db(a) on a vehicle manufactured after January 1, 1986, when the vehicle is under full throttle, traveling in second gear, and measured 50 feet at right angles from the vehicle path.

(H) Within 100 feet of a dwelling at a speed greater than the minimum required to maintain controlled forward movement of the vehicle, except on property owned or under the operator’s control or on which the operator is an invited guest, or on a roadway, forest road, or forest trail maintained by or under the jurisdiction of the Department, or on an ORV access route as authorized by local ordinance.

(I) In or upon the lands of another without the written consent of the owner, owner’s agent or lessee. The operator of the vehicle is liable for damage to private property, including, but not limited to, damage to trees, shrubs, growing crops, or injury to living creatures or damage caused through vehicle operation in a manner so as to create erosive or other ecological damage to private property. Failure to post private property or fence or otherwise enclose in a manner to exclude intruders against trespass does not imply consent to ORV use.

(J) Unless equipped with a braking system that may be operated by hand or foot, capable of producing deceleration at 14 feet per second on level ground at a speed of 20 miles per hour; a brake light, brighter than the taillight, visible when the brake is activated to the rear of the vehicle when the vehicle is operated during the hours of * hour after sunset and * hour before sunrise; and a throttle so designed that when the pressure used to advance the throttle is removed, the engine speed will immediately and automatically return to idle.

(K) While transporting on the vehicle a bow unless unstrung or encased, or a firearm unless unloaded and securely encased, or equipped with and made inoperative by a manufactured keylocked trigger housing mechanism.

(L) On the frozen surface of public waters within 100 feet of an area that is cleared of snow for skating purposes, except at the minimum speed required to maintain controlled forward movement of the vehicle, or as may be authorized by permit in special events.

(M) Within 100 feet of a slide, ski, or sledding area, unless the vehicle is being used for the purpose of servicing the area.

(N) On an operating or non-abandoned railroad or railroad right-of-way, or public utility right-of-way, other than for the purpose of crossing at a clearly established site intended for vehicular traffic, except railroad, public utility, or law enforcement personnel while in performance of their duties, and except if the right-of-way is designated for ORV use as part of the system.

(O) In or upon the unfrozen waters and riparian area of any stream, river, bog, wetland, swamp, marsh, or quagmire except over a bridge, culvert, or similar structure.

(P) To hunt, pursue, worry, kill, or attempt to hunt, pursue, worry, or kill a bird or animal, wild or domesticated.

(Q) In a manner so as to leave behind litter or other debris.

(R) On any public lands in violation of rules and regulations of the agency administering such lands, or in a manner contrary to operating regulations on public lands.

(S) While transporting any passenger in or upon an ORV unless the manufacturing standards for the vehicle make provisions for transporting passengers.

(T) In any area in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation.

Section 13. Prohibition Against Throwing Trash or Littering.

(A) No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing, upon any area, public or private, any bottle, can, garbage, glass, nail, offal, paper, wire, or any other substance likely to injure or kill wild or domestic animal or plant life or damage traffic using such area, or any noisome, nauseous or offensive matter of any kind.

(B) No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any rocks or dirt in or upon any area, public or private, without the consent of the property owner or public agency having jurisdiction over the area.

(C) Any person who violates this section shall, upon conviction thereof, be punished by a fine of not less than fifty dollars ($50). No part of such fine shall be suspended. The court may permit the fine required by this section to be paid in installments if the court determines that the defendant is unable to pay the fine in one lump sum.

(D) Any person who drops, dumps, deposits, places, or throws, or causes or permits to be dropped, dumped, deposited, placed, or thrown, upon any area, shall immediately remove the material or cause it to be removed.

(E) If such person fails to comply with the provisions of this section, the governmental agency responsible for the maintenance of the area, or the property owner of the land on which the material has been deposited, may remove such material and collect, by civil action, if necessary, the actual cost of the removal operation in addition to any other damages authorized by law from the person who did not comply with the requirements of this section.

Section 14. Public Highway Use Prohibited.

(A) A person shall not operate an ORV upon a public highway, street, or right-of-way of a public highway or street, except in the specific cases allowed and cited within this Act. The operator of a vehicle may cross a public highway, other than a limited access highway, at right angles, for the purpose of getting from one area to another, if the operation can be done in safety. The operator shall bring the vehicle to a complete stop before proceeding across a public highway, and shall yield the right-of-way to oncoming traffic.

(B) A vehicle may be operated on a street or highway for a special event of limited duration and conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction.

(C) A farmer, employee of a farmer, or family member of a farmer who is at least 16 years of age may operate an ORV on the extreme right side of a roadway or highway right-of-way when it is not practicable to operate off that roadway or highway right-of-way. Such operation shall be limited to traveling to or from the farmer’s residence or work location or field during the course of farming operations. The state transportation Department and all of its employees are immune from tort liability for injury or damages sustained by any person arising in any way by reason of the operation or use of an ORV for the limited purposes allowed under this Sub-Department.

(D) In a court action in this state where competent evidence demonstrates that a vehicle that is permitted to operate on a highway pursuant to the code is in a collision with an ORV on a roadway, the operator of the ORV involved in the collision shall be considered prima facie negligent.

Section 15. Local Ordinances.

(A) A local unit of government may pass an ordinance establishing access routes along streets and highways under its jurisdiction, if those access routes do not involve state or federal highways, and if they meet the requirements of the state ORV plan. If necessary, consent of a state or federal land management agency shall be obtained for the location of the route.

(B) A municipality may pass an ordinance allowing a permanently disabled person to operate an ORV in that municipality.

(C) A Board of County Road Commissioners, a County Board of Commissioners, and a local unit of government do not have a duty to maintain a highway under their respective jurisdictions in a condition reasonably safe and convenient for the operation of ORVs, except the following ORVs:

(D) A county, its employees and representations are immune from tort liability for injuries or damages sustained by any person arising in any way out of the operation or use of an ORV on maintained or unmaintained highways, shoulders, and rights-of-way over which the board of county road commissioners, the county board of commissioners, or the local unit of government has jurisdiction. The immunity provided by this subsection does not apply to actions that constitute gross negligence.

Section 16. Suspension or Revocation of License.

(A) If the operator’s or chauffeur’s license of a person who is a resident of this state is suspended or revoked under state law, or if the driver license of a person who is a nonresident is suspended or revoked under the law of the state in which he or she resides, that person shall not operate an ORV under this part for the same period.

(B) A person who violates this section is guilty of a misdemeanor punishable as follows:

(C) A person whose right to operate an ORV has been suspended and who operates an ORV is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $1,000.00, or both.

Section 17. Enforcement of ORV Regulations.

(A) The provisions of this Act shall be enforced by all persons having the authority to enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their deputies, all municipal law enforcement officers within their respective jurisdictions, federal law enforcement officers within their jurisdiction, state wildlife agents and deputy wildlife agents, state park rangers, state fisheries patrolmen, and those employees of the Department designated under state law.

(B) Federal, state, or local authorities having jurisdiction over public lands may place or cause to be placed and maintained, such appropriate signs, signals and other traffic control devices as may be necessary to properly indicate and carry out any provision of law or any duly adopted regulation of such governmental authority or to warn or guide traffic.

(C) It is unlawful for the driver of any vehicle to disobey any sign, signal, or traffic control device placed or maintained pursuant to section 17 (B).

Section 18. Disregard for Safety.

No person shall drive an ORV at a speed greater than is reasonable or prudent and in no event at a speed which endangers the safety of other persons or property. It is unlawful for any person to drive any ORV with a willful and wanton disregard for the safety of other persons or property. Any person who violates this section shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than five days nor more than 90 days or by fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1000) or by both such fine and imprisonment.

Section 19. Reckless ORV Driving.

Whenever reckless driving of an ORV proximately causes bodily injury to any person, upon conviction thereof, the person driving the vehicle is guilty of a felony and shall, be punished by imprisonment in the county jail for not less than 30 days nor more than one year or by fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) or by both such fine and imprisonment.

Section 20. Speed Limits.

The prima facie speed limit within 100 feet of any campground, campsite, or concentration of people shall be 15 miles per hour unless changed as authorized by this code and, if so changed, only when signs have been erected giving notice thereof.

Section 21. Reporting of Accidents.

(A) The operator of a vehicle involved in an accident resulting in injuries to, or the death of, a person, or resulting in property or ecological damage in an estimated amount of $100.00 or more, shall immediately, by the quickest available means of communication, notify a state police officer, or the sheriff’s office of the county in which the incident occurred. The police agency receiving the notice shall complete a report of the accident on forms prescribed by the director of the Department of state police and forward the report to the state police and the Department.

(B) A medical facility to which a person injured in an accident involving an ORV is transported shall report the accident to the state police.

(C) The Department of state police, in cooperation with the Department, shall collect and evaluate information concerning accidents involving ORVs.

(D) The operator of a vehicle involved in an accident upon public or private property resulting in injury to or the death of a person shall immediately stop at the scene of an accident and shall render to any person injured in the accident reasonable assistance in securing medical aid or transportation.

Section 22. Appearance Tickets.

(A) Law enforcement officers may issue appearance tickets for violations of this part, pursuant to state law.

(B) In a proceeding for a violation of this part involving prohibited operation or conduct, the registration number or numbered decal or vehicle identification number displayed on an ORV shall constitute prima facie evidence that the owner of the vehicle was the person operating the vehicle at the time of the offense; unless the owner identifies the operator to law enforcement officials, the vehicle was reported as stolen at the time of the violation, or that the vehicle was stolen or not in use at the time of the violation.

Section 23. Refusal to Obey.

(A) An operator of an ORV, who is given by hand, voice, emergency light, or siren a visual or audible signal by a law enforcement officer acting in the lawful performance of his or her duty, directing the operator to bring the vehicle to a stop, and who willfully fails to obey the signal by increasing speed, extinguishing lights, or otherwise attempting to flee or elude the officer, is guilty of a misdemeanor. The officer giving the signal shall be in uniform, and the officer’s vehicle shall be easily identifiable as an official law enforcement vehicle.

(B) The operator of a vehicle on the private premises of another, when visibly hailed by the owner or the owner’s authorized agent, shall bring the vehicle to an immediate stop and provide personal identification. Refusal to obey such a request to stop or subsequent escape or attempt to escape is a misdemeanor.

Section 24. Violations and Penalties.

(A) Except as otherwise provided in this part, a person who violates a provision of this part is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not less than $50.00 or more than $1,000.00, or both, for each violation of the part.

(B) A person who violates the provisions of section 12 is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00 in addition to other penalties listed in this Act.

(C) A person shall not remove, deface, or destroy a sign or marker placed by the Department or managing agency indicating the boundaries of an ORV trail or area or that marks a route.

(D) In addition to the penalties otherwise provided under this part, a court of competent jurisdiction may order a person to restore, or pay to restore as nearly as possible, any land or vegetation, water, stream bank, streambed, or other natural or geographic formation damaged by the violation of this part to the condition it was in before the violation occurred.

(E) The Department or any other law enforcement officer may impound the ORV of a person who violates a provision of this part that is punishable as a misdemeanor or who causes damage to the particular area in which the ORV was used in the commission of the violation.

(F) Upon conviction of a person for violation of a provision of this part that is punishable as a misdemeanor or any other provision of this part that results in damage to the particular area in which the ORV was used, a court of competent jurisdiction may order an ORV and any personal property on the ORV seized as a result of the violation returned to the owner or upon recommendation of the local prosecuting attorney turned over to the Department. If the ORV and any other property is turned over to the Department, they shall be disposed of in the manner provided for condemnation of property under state law. The proceeds realized by the Department under this subsection shall first be used to restore areas damaged by ORV use with the balance to be deposited in the ORV Trust Fund.

Section 25. Payment of Fines.

All fines, penalties, fees and costs assessed as a result of local enforcement and prosecution shall be payable to the municipal corporation. Except as listed under section 26, when prosecution under this Act is the result of local police action, all fines, penalties, fees and costs assessed as a result of such prosecution shall be payable to the municipal corporation under which the local police are organized.

Section 26. ORV Trust Fund.

The ORV Trust Fund is hereby created. The trust fund shall consist of deposits from the following sources:

(A) Fees paid for the titling and registration of off-highway vehicles.

(B) Revenues and income from any other source required by law or as appropriated by the legislature to be deposited into the fund.

(C) All moneys received from all fees, fines, penalties and costs assessed and collected as a result of enforcement activities conducted by the Department law enforcement personnel, with the exception of moneys going to municipalities under section 25.

(D) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected, based on the tax rate in effect, less proper deductions for refunds and costs of collection. The treasurer shall place these funds in the ORV Trust Fund.

(E) Donations from private sources.

(F) Interest earned on moneys on deposit in the fund.

Section 27. ORV Trust Fund Expenditures.

(A) The Department shall draw moneys from the ORV Trust Fund for use in safety education and enforcement requirements of this Act as well as performing any activities necessary to carry out the purposes of this Act, including safety education, enforcement activities, rehabilitation activities, the establishment, construction and maintenance of ORV trails and any equipment and supplies necessary to carry out the purposes of this Act.

(B) Prior to depositing moneys from registration and title fees, the Department shall take up to 15 percent of said fees to carry out the registration and the issuance of certificates of title to ORVs. If more the costs are more than 15 percent of the fees, the Department shall provide an audit and report to the ORV title and registration program to the legislature.

(C) At least 10 percent but not more than 20 percent of the moneys deposited into the ORV Trust Fund during one fiscal year shall be used for safety education and related activities in the following fiscal year.

(D) At least 10 percent but not more than 15 percent of the moneys deposited into the ORV Trust Fund during one fiscal year shall be used for enforcement requirements and related activities under this Act in the following fiscal year.

(E) The Department head shall designate up to 5 percent of the moneys deposited into the ORV Trust Fund during one fiscal year to pay for the costs associated with the ORV Trails Advisory Committee and activities prescribed under this Act during the next fiscal year. The Department shall reserve an additional 5 percent of the moneys deposited into the ORV Trust Fund during one fiscal year to pay for miscellaneous costs associated with this Act during the next fiscal year.

(F) Additional moneys in the ORV Trust Fund are to be used for monitoring and restoration.

Section 28. Funding for Trail Maintenance.

(A) Of the remaining money in the ORV Trust Fund after providing for the requirements of sections 26 And 27, the fund shall be used for the monitoring, rehabilitation and reparation of damage caused by the use of ORVs on property where the operation of those vehicles are prohibited by federal, state, or local law. ORV Trust Fund may not be used where prosecution of an individual operator or operators has provided funds for such restoration and repair. This includes areas adjacent to ORV trails recognized as part of the ORV system. Money in the fund shall be used to pay for the repair of any boundary fence that segregates ORV use from adjoining landowners and is adjacent to an ORV site that is funded by the fund, when the fence has become broken or damaged by ORV users.

(B) Of the remaining money in the ORV Trust Fund after providing for the requirements of section 28(A), additional moneys in the ORV Trust Fund are to be used for the construction, maintenance and rehabilitation of trails and facilities on state owned lands.

(C) The Department shall also, upon written application and subsequent approval, disperse moneys to municipalities, nonprofit organizations for construction, maintenance and rehabilitation of trails or any other facilities on lands not owned by the state. Moneys may only be used for the designation of new trails or facilities that follow criteria outlined in this Act. The uses of disbursed moneys may include:

(D) Of the remaining money in the ORV Trust Fund after providing for the requirements of sections 28(B) and 28(C), the fund shall be used for the designation of new trails that follow criteria outlined in this Act.

Section 29. Comprehensive ORV Trail System Planning.

(A) The Department shall, by <12 months after bill passage>, develop a comprehensive plan for the management of ORV use and develop a system of areas, routes, and trails maintained by or under the jurisdiction of the Department or a local unit of government. The Department shall consult with and work in cooperation with federal agencies in developing the comprehensive plan. The plan shall, as a minimum, set forth the following methods and timetable:

(B) The plan shall be revised every 2 years.

(C) The plan may designate where bicyclists, hikers, equestrians, and other nonconflicting recreation trail users may use ORV trails or areas.

(D) Copies of maps of trails shall be prepared and made available by the Department in sufficient quantities to accompany each ORV certificate of title issued by the secretary of state and to place in each county sheriff’s office and each Department field office.

Section 30. Creation of Designated Routes.

Under the comprehensive system, all state owned land under the jurisdiction of the Department shall be closed to ORV use except designated routes, designated trails, and designated areas. The Department head shall approve any subsequent revisions to the system and shall establish an effective date for the revisions.

Section 31. ORV Trails Advisory Committee.

(A) The ORV Trails Advisory Committee is created within the Department. The advisory committee shall assist the Department in developing criteria for grants, nominate forest roads to be included and excluded as ORV routes, nominate forest trails, assist the Department in promulgating rules, and assist the Department in developing the plan. The advisory committee shall advise the Department on recommendations made by ORV users of forest trails, roads, and areas that should be designated for ORV use and existing ORV trails that should be closed or moved due to excessive damage or for conservation.

(B) The advisory committee shall consist of 6 members appointed by the director. Two of the members shall represent ORV trail users and dealers. Two of the members shall represent natural resources, conservation, or environmental groups. One member shall represent law enforcement with experience in ORV law enforcement. One member shall represent the scientific community, not currently working as a public official. Members shall be appointed for terms of 3 years. The committee shall meet at least once each year.

(C) Every two years the trails advisory committee shall report to the standing committees of the senate and the house of representatives that consider legislation affecting this part on the adequacy of funding for operation and enforcement of this part, any recommendations for changes in these areas, and the effectiveness of the safety education and training program.

(D) After consultation with the committee, the Department shall prepare a course of instruction in off-highway motor vehicle safety, operation, and principles of environmental preservation, and for this purpose may consult with other public and private agencies and organizations. The Department may make this course of instruction available to any association or organization desirous of presenting the course to any of its members or other members of the public that express an interest to attend. Additional grants may be made to cities, counties, appropriate districts, and nonprofit corporations for safety education programs.

Section 32. Land Use Provisions for the ORV System.

(A) The protection of public safety, the appropriate utilization of lands in the system, and the conservation of land resources in the system are of the highest priority in the management of the system; and, accordingly, the Department shall monitor ORV use and promptly repair and continuously maintain areas and trails, anticipate and prevent accelerated and unnatural erosion, and restore lands, vegetation, and wetlands damaged by ORVs to the extent possible.

(B) The Department shall monitor the condition of soils and wildlife habitat in each area of the system each year in order to determine whether the soil loss standards and habitat protection plans are being met. In areas where damage to soils, wildlife or the surrounding natural resources is found or on trail sections where such damage has been recently repaired, trail sections shall be monitored on a monthly basis for additional damage over the next six months. If damage is found repeatedly on a trail section, the Department shall consider closing such trail sections, or post warnings that closure is eminent if damage to natural resources continues. If damage continues after sign posting, the Department shall close the posted trail sections.

(C) The Department, in consultation with the United States Soil Conservation Service, the United States Forest Service, the Bureau of Land Management, and the Department of Conservation shall adopt a generic soil loss standard at least sufficient to allow rehabilitation of ORV areas and trails. Requirements of this Act which are dependent upon the adoption of this soil loss standard shall not become operative until the standard is adopted.

(D) To protect natural and cultural values, sensitive areas within state vehicular recreation areas may be designated by the Department after it holds a public hearing and makes a recommendation therefore. If ORV use results in damage to any natural or cultural values, appropriate measures shall be taken to protect these lands from any further damage. These measures may include the erection of physical barriers and shall include the rehabilitation of the damage to natural resources and the repair of damage to cultural resources.

Section 33. Guiding Principles for Creating New Trails.

(A) The first consideration of the Department in any decision to buy, lease and or develop a tract as an ORV trail facility, or to grant moneys to a nonprofit for the development of an ORV trail or facility, will be to assure that the piece of land which will become an ORV riding area does not contain high quality natural areas or cultural resources. The Department will seek to avoid areas that contain viable native plant communities, cultural resources or critical habitat for threatened and endangered species or species of special concern. To that end, the Department will target previously disturbed areas for ORV trails facilities. Previously disturbed areas include but are not limited to agricultural lands, mining or other intensive land uses that have resulted in the elimination of high-quality natural areas, native plant communities, critical habitats and cultural resources. If a tract contains fragments of high quality natural areas, but has been determined as suitable for ORV use, those fragments will be protected and managed as an off limits site. Further, they will be managed to enhance their qualities and to prevent greater fragmentation.

(B) The Department shall also make an inventory of the proposed ORV area. It shall be determined if cultural, historical or high quality natural areas are present on the proposed ORV area. It shall also be determined if special concern species or any state or federal
threatened or endangered species inhabit the proposed ORV area. An expert in the said field shall evaluate each site utilizing all available resources in making this determination. Local natural resource professionals and private conservation organizations shall be consulted for information they may have about sites. If historical, cultural, critical wildlife habitats or high quality natural areas exist as fragments, they shall be managed and contained as off limit sites. The Department, local project sponsor and other interested parties shall provide protection and management of these off limit sites through the implementation of an operational agreement.

(C)

(D) A written narrative accompanying the grant request shall minimally address the following: demand for the proposed area in relation to population and other riding areas, potential expansion, partnership possibilities and local support.

(E)

(F) The Department, in conjunction with the ORV advisory board, shall make the final determination of whether the proposed site meets this policy. Information including letters for or against the area, public meeting minutes, on-site evaluation reports and any other material related to the proposed area shall be made available to them.

(G) If any of the aforementioned requirements can’t be met, the property shall not be considered for acquisition.

Section 34. Conditions for Trail Grants.

For any grants distributed under this Act:

(A) The recipient has completed wildlife habitat, wetlands, and soil surveys and has prepared a wildlife habitat protection program to sustain a viable species composition for the project area.

(B) The recipient agrees to monitor the condition of soils, wetlands and wildlife in the project area each year in order to determine whether the soil loss standard, wetland protection, and the wildlife habitat protection programs are being met.

(C) The recipient agrees that, whenever the soil loss standard adopted, wetland protection, and the wildlife habitat protection programs are not being met in any project area, the recipient will temporarily close and repair and prevent repeated damage, to prevent accelerated erosion, that area, or any portion thereof, until the soil loss standard adopted pursuant to this Act are capable of being met.

(D) The recipient agrees to enforce the registration of ORVs and the other provisions of this Act and to enforce the other applicable laws regarding the equipping and use of ORVs.

Section 35. Treble Damages for Recovery.

In addition to the other penalties provided throughout this Act, the owner or the operator of any ORV shall be liable for any damage to property including damage to trees, shrubs, or growing crops as the result of travel by the ORV. The owner or managers of such property, including government entities and agencies, may recover from the owner or the operator three times the amount of damage.

Section 36. Eminent Domain.

Eminent domain shall not be exercised to acquire any interest in property for a state vehicular recreation trail by the Department or any public agency that has entered into a cooperative agreement with the Department.

Section 37. Savings Clause.

If any provision of this Act is found to be in invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of this Act. If any provision of this Act, or its application to any person or circumstance is held invalid, the remainder of this Act, or the application of the provision to other persons or circumstances is not affected.

Section 38. Effective Date.

This Act shall take effect on <insert date here>.

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