There has been some discussion on another Forum about this legislation. To date, no one has provided details about this legislative proposal. I'm providing this information below directly from the California State Assembly web site. Although not the entire text of the bill, this summary is a great place to start educating ourselves and formulate questions to the OHV leadership.

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AB 2666
Page 1

Date of Hearing: April 19, 2004

ASSEMBLY COMMITTEE ON TRANSPORTATION
Jenny Oropeza, Chair
AB 2666 (Maldonado) - As Introduced: February 20, 2004

SUBJECT : Off-highway vehicles (OHV)

SUMMARY : Updates and corrects various statutes regarding OHVs;
modifies the distribution formula for certain OHV revenues.
Specifically, this bill :

1)Makes various technical, nonsubstantive changes to statutes
dealing with OHVs.

2)Requires a report due to the Legislature on January 1, 2005,
by the Department of Parks and Recreation (DPR), to include an
estimate of the proportional amount of off-highway motor
vehicle use by jurisdiction.

3)Requires DPR's Division of Off Highway Vehicles, by March 1,
2006, to update the 1991 Soil Conservation Guidelines and
Standards and provides that the current guidelines and
standards are to stay in effect until they are updated.

4)Requires the Division to make an inventory of wildlife
populations and their habitats in each state vehicular
recreation area and to prepare a wildlife habitat protection
program to sustain a viable species composition specific to
each state vehicular recreation area.

5)Requires the Division, if determines that the habitat
protection program is not being met in any portion of any
state vehicular recreation area, to close the noncompliant
portion temporarily until the habitat protection program is
met.

6)Requires the Division, if determines that the habitat
protection program cannot be met in any portion of any state
vehicular recreation area, to close and restore that
noncompliant portion.

7)Requires the Division to monitor and protect cultural and
archaeological resources within the state vehicular recreation
areas.


AB 2666
Page 2


8)Requires certain DPR grant fund recipients to agree that,
whenever certain wildlife habitat protection programs are not
being met in any portion of a project area, the recipient will
temporarily close that noncompliant portion until certain
conditions are met.

9)Prohibits the operation of an OHV on specified lands by a
person whose driving privilege has been suspended or revoked
for reckless driving, alcohol or drug use, lapses of
unconsciousness, or negligent or incompetent operation of a
motor vehicle.

10)Makes it an infraction to operate, transport, or leave
standing any OHV in violation of seasonal riding restrictions.

11)Establishes a January 1, 2006 sunset date on statutory
provisions governing the distribution of OHV fee revenue
allocations.

12)Requires, effective January 1, 2006, the Controller to
allocate these fees in July and January of each fiscal year to
cities and counties based upon the proportional estimated OHV
use and related activity within the respective jurisdictions.

13)Requires these funds to be used for grants to cities and
counties for planning, acquisition, development, maintenance,
administration, operation, enforcement, restoration, and
conservation of trails, trailheads, areas, and other
facilities associated with the use of OHVs, and programs
involving OHV safety or education.

14)Additionally allows these funds to be expended by cities or
counties for facilities located outside their limits if both
of the following conditions are met:

a) The funds are expended for the purposes of acquiring,
developing, and constructing trails, areas, or other
facilities for the use of OHVs.

The funds are expended pursuant to an agreement with the
city in which the facility is located or with the county in
which the facility is located if the facility is located in
an unincorporated territory.


AB 2666
Page 3

15)Establishes a January 1, 2006 sunset on a statute regarding
population estimates made by the Department of Finance.

16)Prohibits the display of a flashing or steady burning red or
blue warning light on an OHV except under specified
circumstances.

17)Prohibits an OHV, except an authorized emergency vehicle,
from being be equipped with a siren.

18)Prohibits a person driving an off-highway motor vehicle,
except the driver of an authorized emergency vehicle, from
using a siren.

19)Requires, when there is a violation of an all-terrain vehicle
safety certificate, the law enforcement officer to prepare in
triplicate, and the violator to sign, a written notice
containing the violator's promise to correct the alleged
violation and to deliver proof of correction of the violation
to the issuing agency.

20)Requires, in the above case, the "notice to correct
violation" to be on a form that contains an estimate of the
reasonable time required for correction and proof of
correction of the particular defect, not to exceed 90 days.

EXISTING LAW :

1)Imposes a service fee of $7 and a special fee of $8 to be paid
to DMV upon the issuance or renewal of an identification plate
for an OHV.

2)Transfers revenues from the special fee to the OHV Trust Fund
for allocation by the OHV Recreation Commission.

3)Imposes an additional $4 OHV identification plate fee, the
proceeds from which are allocated in accordance with a
population-based formula for specified OHV-related uses.

FISCAL EFFECT : Unknown

COMMENTS : This bill is the product of a collaborative effort
known as the Off Highway Motor Vehicle Stakeholders Roundtable.
The Roundtable members represent approximately three dozen
public agencies, environmental organizations, law enforcement


AB 2666
Page 4

groups, business associations, and OHV user groups. The
recommendations from the Roundtable represents, for the most
part, a series of minor and non-controversial proposed statutory
changes that were unanimously approved for legislative
introduction by the Roundtable in the summer of 2003.

Included in the package, however, is a new distribution method
for OHV identification plate revenues that is based upon OHV
usage in cities and counties, rather than upon those entities'
populations as under existing law. These provisions, while
intended to result in a more equitable allocation of funds, will
effectively shift funding from urban areas of the state to those
rural areas where OHV usage is more prevalent. This shift may
cause some consternation among cities and counties that stand to
lose funds; however, the sponsor points out that the funds are
allowed to be used for OHV purposes only. If a jurisdiction has
no OHV facilities, it would have no opportunity to expend
allocated funds in any event.

The noncontroversial elements of the bill are in the following
areas: updated soil conservation standards; protection of
cultural and archaeological resources; definitions of vehicle
offenses and violations; restoration of trails; soil loss
standards; and habitat areas.

REGISTERED SUPPORT / OPPOSITION :

Support

Department of Parks and Recreation (sponsor)
American Motorcyclist Association District 37 Off-Road Division
California Off-Road Vehicle Association
San Diego Off-Road Coalition

Opposition

None received

Quite right. This is a piece of legislation that can have a serious impact on our sport and it almost slipped under our radar through closed-door meetings

DUNERS has been working on amending this legislation and now is a good time for all of us to get caught up on this particular budding law, before it's too late to fix it.

On the other board there is an extensive discussion taking place, and at this time I have been asked to state DUNERS' concerns about this Bill. I'll post here what I'm posting there.

I'll be breaking the Bill down into littler pieces to make it easier to digest. You can't eat an elephant all at once

Vicki

The Bill itself will be presented as it appears online, with bolded areas showing where we have specific questions. Our concerns will be listed in blue after the Bill's text:

LEGISLATIVE COUNSEL'S DIGEST

AB 2666, as introduced, Maldonado. Vehicles: off-highway vehicle
recreation areas.
(1) Existing law regulates the state park system with respect to use of the state vehicular recreation areas.
This bill would make technical, nonsubstantive changes in existing law.
(2) Existing law requires the Controller in July and January each fiscal year to allocate the funds collected from a $4 fee that is imposed for the issuance of renewal of identification for each off-highway motor vehicle, in the same manner as vehicle license fees are allocated to cities, counties, and cities and counties.
This bill would require the funds collected from the imposition of the $4 fee to instead be allocated to cities, counties, and cities and counties based on the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation's proportional off-highway motor vehicle usage estimates within each city, county, and city and county during the prior calendar year. The bill would make conforming changes in existing law. These provisions would become operative on January 1, 2006.

This sounds like a terrific idea and certainly makes more sense for areas like Los Angeles, with their high concentration of registered off-road vehicles versus relatively few off-road areas. The problem comes in with how the allocation is determined (a random "survey" has been conducted, contacting households throughout California, not just those with registered off-road vehicles). In the room full of something like 100 OHV community leaders, only two people (who had been directly involved in the formation of the program) had been contacted for the survey. Virtually every other leader of an OHV group attested that no one in their organization, no member or leader, had been contacted for the survey. Not one CORVA member, District 37 member, Cal4WD member, DUNERS member. What good does it do to ask the 67 year-old woman who has never driven outside the city limits about her off-road use?

In addition, there is absolutely no accountability for these funds. Yes, the receivers of these funds are expected to "expend" them for OHV use but there is literally no system for verifying that is being done.

continued....

(3) Existing law prohibits a person from driving a vehicle in violation of restrictions placed on his or her driver's license, or when his or her driver's license has been suspended or revoked.
This bill would prohibit a person from operating an off-highway motor vehicle on specified lands when the person is in violation of a license restriction, or when the person's license has been suspended or revoked. Because a violation of this prohibition would be a crime under other provisions of existing law, the bill would impose a state-mandated local program by creating a new crime.
(4) Existing law prohibits a person from operating, transporting, or leaving standing certain off-highway motor vehicles, if the vehicle is not registered with the Department of Motor Vehicles or identified under certain provisions relating to off-highway vehicles.
A violation of this prohibition is an infraction.
This bill would specify that riding in violation of seasons established under certain regulations relating to off-road vehicle engine pollution control is a violation of this prohibition. The bill thereby would establish a state-mandated local program by revising the definition of a crime.
(5) Existing law prohibits a person from operating a vehicle on the highway unless the vehicle is equipped as required under existing law.
This bill would prohibit a person from displaying a flashing or steady burning red or blue warning light on an off-highway motor vehicle, except as specified.
The bill would prohibit an off-highway motor vehicle, except an authorized emergency vehicle, from being equipped with a siren, and would prohibit a person driving an off-highway motor vehicle, except an authorized emergency vehicle, from using a siren, except as specified.
Because a violation of these prohibitions would be an infraction under other provisions of existing law, the bill would establish a state-mandated local program by creating new crimes.
(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

These proposed changes have been addressed by several people here, and they mirror our objections. The one thing I don't think I've seen addressed completely here is the change this would make to the "seasonal" use issue, regulation of which is suspect already. I am not qualified to address that concern and do it justice so I'm hoping someone steps up to do so.

continued...

Note: Red text within the Bill indicates that is has been "struck through" and will be deleted for the final legislation. Text within the Bill that is italics indicates that it will replace the "struck through" text, or added to the text, as appropriate.
===============

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 5001.5 of the Public Resources Code is amended to read:
5001.5. Whenever any reference is made to the state park system with respect to a duty, power, purpose, responsibility, or jurisdiction that can be exercised or carried out within the state vehicular recreation area and trail system areas, it shall be deemed to be also a reference to, and to mean, the state vehicular recreation area and trail system areas.

SEC. 2. Section 5001.8 of the Public Resources Code is amended to
read:
5001.8. (a) The use of motor vehicles in units of the state park system is subject to the following limitations:
(1) In state wildernesses, natural preserves, and cultural preserves, use is prohibited.
(2) In state parks, state reserves, state beaches, wayside campgrounds, and historical units, use is confined to paved areas and other areas specifically designated and maintained for normal ingress, egress, and parking.
(3) In state recreation areas, use is confined to specifically designated and maintained roads and trails.
(b ) The use of motor vehicles on lands in the state vehicular recreation area and trail system areas is confined to areas and routes designated for that purpose.
SEC. 3. Section 5003.15 of the Public Resources Code is amended to read:
5003.15. The net proceeds of any sale made on behalf of the department pursuant to Section 11011 of the Government Code of any real property originally acquired for state park purposes, regardless of whether that real property is under the jurisdiction of the department, shall be deposited in the fund which was the original source for the acquisition of the property and shall be available for appropriation for the further extension, improvement, or development of the state park system in accordance with the law governing that fund. If the fund of origin is not in existence, or if the original source for the acquisition was funds from the federal government for park purposes or a donation of real property, the net proceeds shall be deposited in the State Parks and Recreation Fund and shall be available for appropriation for the further extension, improvement, or development of the state park system. If the real property was originally acquired with moneys appropriated from the General Fund, the net proceeds shall be deposited in the unappropriated surplus of the General Fund.
This section does not apply to the sale of any real property in the state vehicular recreation area and trail system areas.

No specific DUNERS response.

continued...

Note: AB2666 makes no substantive changes to the following section, but it is still interesting reading and something we should all be aware of:

SEC. 4. Section 5010 of the Public Resources Code is amended to read:
5010. (a) The department may collect fees, rents, and other returns for the use of any state park system area, the amounts to be determined by the department. The department may accept a credit card as a method of payment for fees collected through the department's reservation system. Any contract executed by the department with credit card issuers or draft purchasers shall be consistent with Section 6159 of the Government Code. Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, the department may impose a surcharge in an amount to cover the cost of providing the reservation service, including reimbursement for any fee or discount charged by the credit card issuer.
(b ) All revenues received by the department during each fiscal year shall be paid into the State Treasury to the credit of the State Parks and Recreation Fund, which is hereby created.
(c ) Notwithstanding subdivision (b ), all revenues received by the department from the state vehicular recreation area and trail system areas shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Trust Fund, as required by Section 38225 of the Vehicle Code.
(d) All revenues received by the department for the entry or launching of boats shall be paid into the State Treasury to the credit of the State Parks and Recreation Fund and shall be used for boating safety, enforcement, operation, and maintenance programs of the department.
(e) On July 1, 1980, all existing balances, including unappropriated balances and encumbered and unencumbered balances, of the following funds and accounts shall be transferred to the State Parks and Recreation Fund:
(1) Park and Recreation Revolving Account (Section 5098, Public Resources Code, as added by Chapter 1222, Statutes of 1972).
(2) The Resources Protection Account (Section 8600, Public Resources Code, as added by Chapter 1052, Statutes of 1969).
(3) Collier Park Preservation Fund (Section 5010, Public Resources Code, as added by Chapter 1502, Statutes of 1974).
(4) San Francisco Maritime State Historic Park Account (Section 2, Chapter 1764, Statutes of 1971).
(5) State Park Highway Account, Bagley Conservation Fund (Section 2107.7, Streets and Highways Code, as added by Chapter 1032, Statutes of 1973).
(6) All funds received by the department pursuant to Division 21 (commencing with Section 31000).
(7) Hostel Facilities Use Fees Account (Section 2, Chapter 265, Statutes of 1974).
(8 ) All funds, other than expended funds, previously appropriated to the department from the Bagley Conservation Fund.
(f) On and after July 1, 1980, all funds, other than those specified in subdivisions (g) and (h), in the State Parks and Recreation Fund shall be available for expenditure for state park planning, acquisition, and development projects, operation of the state park system, and resource and property management and protection, when appropriated by the Legislature.
(g) All funds in the State Parks and Recreation Fund which had previously been appropriated and have become encumbered, may be used, without further appropriation, for liquidation of those encumbrances, upon the same terms and conditions as made by those previous appropriations.
(h) The balance of any unencumbered funds in the State Park Highway Account in the Bagley Conservation Fund shall be transferred to the State Parks and Recreation Fund and shall be available for expenditure as provided in subdivisions (b ) and (c ) of Section 2107.7 of the Streets and Highways Code.
(i) All funds received by the Department of Parks and Recreation from the auction sales conducted pursuant to Section 2080.6 of the Civil Code shall be paid into the State Treasury to the credit of the State Parks and Recreation Fund and shall be used for training department employees in the Ranger/Lifeguard classification, including, but not limited to, resource management and protection, law enforcement, interpretation, first aid, cardiopulmonary resuscitation, and medical technical training.

No specific DUNERS response.

continued...

SEC. 5. Section 5090.02 of the Public Resources Code is amended to read:
5090.02. (a) The Legislature finds that off-highway motor vehicles are enjoying an ever-increasing popularity in California and that the indiscriminate and uncontrolled use of those vehicles may have a deleterious impact on the environment, wildlife habitats, native wildlife, and native flora.
(b ) The Legislature hereby declares that effectively managed areas and adequate facilities for the use of off-highway vehicles and conservation and enforcement are essential for ecologically balanced recreation.
(c ) Accordingly, it is the intent of the Legislature that:
(1) Existing off-highway motor vehicle recreational areas, facilities, and opportunities be expanded and be managed in a manner consistent with this chapter, in particular to maintain sustained long-term use.
(2) New off-highway motor vehicle recreational areas, facilities, and opportunities be provided and managed pursuant to this chapter in a manner that will sustain long-term use.
(3) When areas or trails or portions thereof cannot be maintained to appropriate established standards for sustained long-term use, they shall be closed to use and repaired, to prevent accelerated erosion. Those areas shall remain closed until they can be managed within the soil loss standard or shall be closed and rehabilitated restored.
(4) Prompt and effective implementation of the Off-Highway Motor Vehicle Recreation Program by the Division of Off-Highway Motor Vehicle Recreation shall have an equal priority among other programs in the department.
(5) Off-highway motor vehicle recreation be managed in accordance with this chapter through financial assistance to local government and joint undertakings with agencies of the United States.

Why restored versus rehabilitated? This concern has been raised here already and deserves very close scrutiny and demands an answer before allowing this Bill to become law. If this is not a wolf in sheep's clothing and the two words mean the same thing, why is the word being tampered with? There should be a huge red flag here.

continued...

SEC. 6. Section 5090.09 of the Public Resources Code is amended to read:
5090.09. "System" means the state vehicular recreation areas and trails within the state park system, the California Statewide Motorized trail, designated areas within state park units, and areas supported by the grant program.

AND AREAS SUPPORTED BY THE GRANT PROGRAM.

Holy smokescreen Batman!

Now pay attention later on to that word "system" to learn what's in store for those areas within the "system."

continued...

SEC. 7. Section 5090.15 of the Public Resources Code is amended to read:
5090.15. (a) There is in the department the Off-Highway Motor Vehicle Recreation Commission, consisting of seven members, three of whom shall be appointed by the Governor, two of whom shall be appointed by the Senate Committee on Rules, and two of whom shall be appointed by the Speaker of the Assembly.
(b ) In order to be appointed to the commission, a nominee shall represent one or more of the following groups:
(1) Off-highway vehicle recreation interests.
(2) Biological or soil scientists.
(3) Groups or associations of predominantly rural landowners.
(4) Law enforcement.
(5) Environmental protection organizations.
(6) Nonmotorized recreationist interests.
It is the intent of the Legislature that appointees to the commission represent all of the groups delineated in paragraphs (1) to (6), inclusive, to the extent possible.
(c ) Whenever any reference is made to the State Park and Recreation Commission pertaining to a duty, power, purpose, responsibility, or jurisdiction of the State Park and Recreation Commission with respect to the state vehicular recreation areas, as established by this chapter, it shall be deemed to be a reference to, and to mean, the Off-Highway Motor Vehicle Recreation Commission.
(d ) Based on the findings in the 2004 Off-Highway Vehicle Fuel Tax Study, the division shall, not later than January 1, 2005, prepare and submit to the Legislature a report that identifies the principal reasons why people are using off-road trails and facilities, and an estimate of the proportional amount of off-highway motor vehicle use by jurisdiction, as a means of assisting in the determination of how fuel tax and in lieu of property tax funds should be expended.

No specific DUNERS comments.

continued...

SEC. 8. Section 5090.24 of the Public Resources Code is amended to read:
5090.24. The commission has the following particular duties and responsibilities:
(a ) Be fully informed regarding all governmental activities affecting the program.
(b ) Meet at least four times per year at various locations throughout the state to receive comments on the implementation of the program. Establish an annual calendar of proposed meetings at the beginning of each calendar year.
(c ) Consider, upon the request of any owner or tenant, whose property is in the vicinity of any land in the system, any alleged adverse impacts occurring on that person's property from the operation of off-highway motor vehicles and recommend to the division suitable measures for the prevention of any adverse impact determined by the commission to be occurring, and suitable measures for the restoration of adversely impacted property.
(d ) Review and comment annually to the director on the proposed budget of expenditures from the fund.
(e ) Review and approve all minor and major capital outlay expenditures from the fund proposed for inclusion in the budget the system.
(f ) Conduct one public meeting annually, prior to the start of each grant program cycle, to collect public input concerning the program, recommendations for program improvements, and specific project needs for the system and grant program areas.
(g ) Prepare and submit a program report to the Governor, the Assembly Water, Parks, and Wildlife Committee on Natural Resources, the Senate Committee on Natural Resources and Wildlife, and the Committee on Appropriations of each house on or before July 1, 2005, and every two years thereafter. The report shall address the status of the program and off-highway motor vehicle recreation, the results of the strategic planning process completed pursuant to subdivision (n) of Section 5090.32, the condition of natural and cultural resources of areas and trails receiving state off-highway motor vehicle funds, the resolution of conflicts of use in those areas and trails, the status of, and the accomplishments of expenditures from, the Conservation and Enforcement Services Account, a summary of resource monitoring data compiled and rehabilitative restoration work concluded, and other relevant program-related environmental issues that have arisen over the preceding two calendar years.
The program report shall be adopted by the commission after discussing its contents during two or more public hearings.
(h ) The commission shall hold a public hearing in an area in close proximity to any proposed substantial acquisition or development project unless a hearing consistent with federal law or regulation is held in close proximity to the proposed project.

Watch for that "system" word (read subsection (e)... so now they have control over our fee demo money going for capital outlay expenditures!!!) and again what is the difference between "rehabilitative" and "restoration?"

continued...

SEC. 9. Section 5090.35 of the Public Resources Code is amended to read:
5090.35. (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 state vehicular recreation areas; and, accordingly, the division shall promptly repair and continuously maintain areas and trails, anticipate and prevent accelerated and unnatural erosion, and restore lands damaged by erosion to the extent possible.
(b ) Notwithstanding Section 5090.23, the department The division, in consultation with the United States Soil Natural Resource Conservation Service, the United States Geological Survey, the United States Forest Service, the United States Bureau of Land Management, and the California Department of Conservation shall adopt update the 1991 Soil Conservation Guidelines and Standards to establish a generic and measurable soil loss conservation standard by January 1, 1991 March 1, 2006, at least sufficient to allow restoration of off-highway motor vehicle areas and trails. The requirements of this chapter that are dependent upon the adoption of this soil loss standard shall not become operative until the standard is adopted. The department shall also make an inventory of wildlife populations and their habitats in each area in the system and shall prepare a wildlife habitat protection program to sustain a viable species composition specific to each area, by July 1, 1989. The 1991 Soil Conservation Guidelines and Standards shall remain in effect until they are updated pursuant to this subdivision.

(c ) The division shall monitor the condition of soils and wildlife habitat in each state vehicular recreation area of the system each year in order to determine whether the soil loss conservation standards and habitat protection plans programs are being met.
(d ) Upon a determination that the soil loss standard conservation standards and habitat protection plans are not being met in any portion of any state vehicular recreation area in the system, the department shall direct the division to close shall temporarily and close the noncompliant portion to repair, to and prevent accelerated erosion, that area, or portion thereof funded by the Off-Highway Vehicle Trust Fund, until the soil loss standard and habitat protection plans are capable of being conservation standards are met.
(e) Upon a determination that the soil loss standard and habitat protection plans conservation standards cannot be met in any portion of any state vehicular recreation area in the system, the department shall direct the division to close that area, or any portion thereof funded from the Off-Highway Vehicle Trust Fund, and to reclaim and rehabilitate the area the division shall close and restore the noncompliant portion pursuant to Section 5090.11.
(f) The division may shall not fund trail construction unless it complies the trail is capable of complying with the conservation specifications prescribed in subdivision subdivisions ( and (g). The division [/color=red]may[/color] shall not fund trail construction where conservation is not feasible.
(g) The division shall make an inventory of wildlife populations and their habitats in each state vehicular recreation area and shall prepare a wildlife habitat protection program to sustain a viable species composition specific to each state vehicular recreation area by July 1, 1989.
(h) If the division determines that the habitat protection program is not being met in any portion of any state vehicular recreation area, the division shall close the noncompliant portion temporarily until the habitat protection program is met.
(i) If the division determines that the habitat protection program cannot be met in any portion of any state vehicular recreation area, the division shall close and restore that noncompliant portion pursuant to Section 5090.11.
(j) The division shall monitor and protect cultural and archaeological resources within the state vehicular recreation areas.

Check out subsection (f). They changed it from "may" not to "shall" not fund trail construction unless blah blah blah. That leaves no room for common sense approaches to trail construction funding. Where a popular trail may need minor construction in order to be brought up to better standards, they are SOL with the division. Also in subsection (f), although it is not an AB2666 change, I sure would like to know who determines "where conservation is not feasible."

As for the rest of this section, other than watching for that "system" word again, we have not had the soil standards issue researched deeply yet so if anyone else can address that issue more clearly, please do so.

continued...

SEC. 10. Section 5090.46 of the Public Resources Code is amended and renumbered to read:
5090.46.
5090.38. No owner or other person having legal control of property in the vicinity of any lands in the system is liable for any actions of any type resulting from, or caused by, the user of an off-highway motor vehicle who is trespassing on property outside the system; and no owner or other person having legal control of property in the vicinity of any lands in the system is liable for any one's actions of any type commenced on, or taking place within, the boundaries of lands in the system.

No specific DUNERS comments.

continued...

SEC. 11. The heading of Article 4 (commencing with Section 5090.40) of Chapter 1.25 of Division 3 of the Public Resources Code is amended to read:

Article 4. State Vehicular Recreation Area and Trail System Areas


No specific DUNERS comments.

continued...

SEC. 12. Section 5090.53 of the Public Resources Code is amended to read:
5090.53. (a) Money in the fund may be granted or expended pursuant to Section 5090.50 for projects to fulfill the conditions outlined below and for public health and safety facilities.
(b ) However, no funds may be granted or encumbered expended pursuant to Section 5090.50 for the acquisition of land for, or the development of, a trail, trailhead, area, or other facility for the use of off-highway motor vehicles after July 1, 1989, unless all of the following conditions are met:
(1) The recipient has completed wildlife habitat and soil surveys and has prepared a wildlife habitat protection program to sustain a viable species composition for the project area.
(2) The recipient agrees to monitor the condition of soils and wildlife in the project area each year in order to determine whether the soil loss standard adopted pursuant to Section 5090.35
conservation standards and the wildlife habitat protection programs adopted pursuant to Section 5090.35 are being met.
(3) The recipient agrees that, whenever the soil conservation standards adopted pursuant to Section 5090.35 are not being met in any portion of a project area, the recipient [color=red]will shall close temporarily close and repair that noncompliant portion, to
repair and prevent accelerated erosion, that area, or any portion thereof, until the same soil loss standard adopted pursuant to Section 5090.35 and the wildlife habitat protection program conservation standards adopted pursuant to Section 5090.35 are capable of being met.
(4) The recipient agrees that, whenever the wildlife habitat protection programs adopted pursuant to Section 5090.35 are not being met in any portion of a project area, the recipient shall close temporarily that noncompliant portion until the same wildlife habitat protection programs adopted pursuant to Section 5090.35 are met.
(5) The recipient agrees to enforce the registration of off-highway motor vehicles and the other provisions of Division 16.5 (commencing with Section 38000) of the Vehicle Code and to enforce the other applicable laws regarding the equipping and use operation of off-highway motor vehicles.

Encumbered versus expended has been previously addressed, but please read this section carefully. More research needs done but it seems there are hidden snake pits here.

continued...

SEC. 13. Section 8352.8 of the Revenue and Taxation Code is amended to read:
8352.8. (a) The Conservation and Enforcement Services Account is hereby established as an account in the Off-Highway Vehicle Trust Fund. Subject to Sections 8352 and 8352.1, on the first day of every month there shall be transferred from money deposited in the Motor Vehicle Fuel Account to the Conservation and Enforcement Services Account the total amount determined on the basis of the estimates contained in this section.
(b ) On or before August 15, 1987, and every two years thereafter, the Department of Transportation shall prepare, or cause to be prepared, in cooperation with the Department of Parks and Recreation, a report setting forth the current estimate of the amount of money credited to the Motor Vehicle Fuel Account that is attributable to taxes imposed upon distributions of motor vehicle fuel estimated to have been used in the off-highway operation of vehicles required to be registered as off-highway vehicles by Division 16.5 (commencing with Section 38000) of the Vehicle Code, but which were not so registered, and shall submit a copy of the report to the Legislature.
(c ) Funds in the Conservation and Enforcement Services Account shall be allocated to the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation for expenditure when appropriated by the Legislature for the purposes of Section 5090.64 of the Public Resources Code.
(d ) On or before January 1, 2005, the Division of Off-Highway Motor Vehicle Recreation in the Department of Parks and Recreation shall submit a report to the Legislature that identifies the appropriate level of funding necessary to sustain conservation and enforcement needs, grant areas, state vehicular recreation areas, capital outlay, and division support, based upon an analysis of program income and expenditures during the preceding five fiscal years and the fundings findings contained in the most recent fuel tax study.

No specific DUNERS comments.

continued...

SEC. 14. Section 14601 of the Vehicle Code is amended to read:
14601. (a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103 or 23104, any reason listed in subdivision (a) or © of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(b ) Any person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).
(2) If the offense occurred within five years of a prior offense which resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).
(c ) If the offense occurred within five years of a prior offense which resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.
(d ) Nothing in this section prohibits a person from driving a motor vehicle, which is owned or utilized by the person's employer, during the course of employment on private property which is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (d) of Section 12500.
(e ) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Not enough research has been done on this and some of the subsequent sections by DUNERS, but I'm sure others more knowledgable can (should) chime in here. At the very least, it looks again like fitting a square peg in a round hole. Off-road vehicles are NOT the same as street vehicles and we don't need new laws trying to change that.

continued...

SEC. 15. Section 14601.1 of the Vehicle Code is amended to read:
14601.1. (a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(b ) Any person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense which resulted in a conviction of a violation of this section or Section 14601, 14601.2, or 14601.5, by imprisonment in the county jail for not less than five days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).
(c ) Nothing in this section prohibits a person from driving a motor vehicle, which is owned or utilized by the person's employer, during the course of employment on private property which is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (d) of Section 12500.
(d ) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.
(e) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Same comment as for section 14.

continued...

SEC. 16. Section 14601.2 of the Vehicle Code is amended to read:
14601.2. (a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.
(b ) Except in full compliance with the restriction, no person shall drive a motor vehicle at any time when that person's driving privilege is restricted, if the person so driving has knowledge of the restriction.
(c ) Knowledge of suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. Knowledge of restriction of the driving privilege shall be presumed if notice has been given by the court to the person. The presumption established by this subdivision is a presumption affecting the burden of proof.
(d ) Any person convicted of a violation of this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated an habitual traffic offender under subdivision (b ) of Section 23546, subdivision (b ) of Section 23550, or subdivision (b ) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3 ) of subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated an habitual traffic offender under subdivision (b ) of Section 23546 or subdivision (b ) of Section 23550, in which case the person, in addition, shall be sentenced as provided in paragraph (3 ) of subdivision (e) of Section 14601.3.
(e) If any person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.
(f) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 30 days.
(g) If any person is convicted of a second or subsequent offense that results in a conviction of this section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.
(h) Pursuant to Section 23575, the court shall require any person convicted of a violation of this section to install a certified ignition interlock device on any vehicle the person owns or operates.
(i) Nothing in this section prohibits a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person's employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c ) of Section 12500.
(j) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Same comment as for sections 14-15.

continued...

SEC. 17. Section 14601.3 of the Vehicle Code is amended to read:
14601.3. (a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender.
For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810.
(3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.
(b ) Knowledge of suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(c ) The department, within 30 days of receipt of a duly certified abstract of the record of any court or accident report which results in a person being designated an habitual traffic offender, may execute and transmit by mail a notice of that designation to the office of the district attorney having jurisdiction over the location of the person's last known address as contained in the department's records.
(d ) (1) The district attorney, within 30 days of receiving the notice required in subdivision (c ), shall inform the department of whether or not the person will be prosecuted for being an habitual traffic offender.
(2) Notwithstanding any other provision of this section, any habitual traffic offender designated under subdivision (b ) of Section 23546, subdivision (b ) of Section 23550, or subdivision (b ) of Section 23550.5, who is convicted of violating Section 14601.2 shall be sentenced as provided in paragraph (3 ) of subdivision (e ).
(e) Any person convicted under this section of being an habitual traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b ) of Section 23546, subdivision (b ) of Section 23550, subdivision (b ) of Section 23550.5, or subdivision (d ) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.
(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Same comment as for sections 14-15-16.

continued...

SEC. 18. Section 14601.4 of the Vehicle Code is amended to read:
14601.4. (a ) It is unlawful for any person, while driving a vehicle with a license suspended or revoked pursuant to Section 14601.2 to do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In proving the person neglected any duty imposed by law in the driving of the vehicle, it is not necessary to prove that any specific section of this code was violated.
(b ) Any person convicted under this section shall be imprisoned in the county jail and shall not be released upon work release, community service, or any other release program before the minimum period of imprisonment, prescribed in Section 14601.2, is served. If a person is convicted of that offense and is granted probation, the court shall require that the person convicted serve at least the minimum time of imprisonment, as specified in those sections, as a term or condition of probation.
(c ) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it should be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.
(d) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Same comment as for sections 14-15-16-17.

continued...

SEC. 19. Section 14601.5 of the Vehicle Code is amended to read:
14601.5. (a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 and that person has knowledge of the suspension or revocation.
(b ) Except in full compliance with the restriction, no person shall drive a motor vehicle at any time when that person's driving privilege is restricted pursuant to Section 13353.6, 13353.7, or 13353.8 and that person has knowledge of the restriction.
(c ) Knowledge of suspension, revocation, or restriction of the driving privilege shall be conclusively presumed if notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(d) Any person convicted of a violation of this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense which resulted in a conviction for a violation of this section or Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the county jail for not less than 10 days or more than one year, and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).
(e) In imposing the minimum fine required by subdivision (d), the court shall take into consideration the defendant's ability to pay the fine and may, in the interest of justice, and for reasons stated in the record, reduce the amount of that minimum fine to less than the amount otherwise imposed.
(f) Nothing in this section prohibits a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle, that is owned or utilized by the person's employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (d) of Section 12500.
(g) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.
(h) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.

Same comment as for sections 14-15-16-17-18.

continued...

SEC. 20. Section 38020 of the Vehicle Code is amended to read:
38020. Except as otherwise provided in this division, no person shall operate, transport, or leave standing any off-highway motor vehicle subject to identification under this code which is not registered under the provisions of Division 3 (commencing with Section 4000), unless it is identified under the provisions of this chapter. A violation of this section is an infraction. Riding in violation of seasons established by Section 2412(f) and 2415 of Title 13 of the California Code of Regulations constitutes a violation of this section. This section shall not apply to the operation, transportation, or leaving standing of an off-highway
vehicle pursuant to a valid special permit.

The "seasonal" restrictions issue was addressed earlier and rears its ugly head here again.

continued...

Back to the red sticker/green sticker/seasonal regulations issue:

SEC. 20. Section 38020 of the Vehicle Code is amended to read:

38020. Except as otherwise provided in this division, no person shall operate, transport, or leave standing any off-highway motor vehicle subject to identification under this code which is not registered under the provisions of Division 3 (commencing with Section 4000), unless it is identified under the provisions of this chapter. A violation of this section is an infraction. Riding in violation of seasons established by Section 2412(f) and 2415 of Title 13 of the California Code of Regulations constitutes a
violation of this section. This section shall not apply to the operation, transportation, or leaving standing of an off-highway vehicle pursuant to a valid special permit.

I was hoping to hear from someone with more knowledge about red sticker/green sticker/seasonal restrictions and I did. Here is their take on that section of the proposed changes to this legislation:

1. Existing law provides the authority to cite for violation. CVC 40001(b )(5) bestows this authority.

2. Placing an amendment to CVC 38020 provides a real dispute problem in the field. For example, the wording "no person shall operate, transport, or leave standing... in violation of the seasons established by ..." Given the above, an officer of the law might well utilize this section incorrectly. Let's say for the moment that I have two vehicles in my truck or on my trailer and decided to visit an area to recreate after attending a motocross. I have no intention of operating my Red Sticker vehicle, and am visiting an OHV area that is closed to Red Stickered vehicles. Here I am unloading my Green Sticker vehicle, again with no intent to unload my Red Sticker vehicle, and along comes a law enforcement officer. Upon noticing my Red Sticker vehicle being transported I'm asked to sign a "greetings from the State of California" because I'm in violation of CVC 38020.

Or, another scenario might be that in order for me to unload my Green Sticker vehicle, I have to get the Red Sticker vehicle off the transport vehicle, or in order to enjoy my living quarters of my new ramp trailer, and I don't want any vehicles in such a transport vehicle. Due to the fact that I've left standing said vehicles, once again, I get a greeting.

3. The whole Red Sticker regulation is fraught with inaccuracies and problems. It is open to legal challenge and likely would be challenged if indeed the will and financial support were available. The problems I find with the Regulation are as follows:

a ) The science is of poor quality and the assumptions utilized are suspect if nothing else.

B ) The Regulation only stops California residents from using public lands with Red Sticker vehicles. Many off-roaders have property outside of California and have the OHV's registered in that state. They have purchased these non-complying vehicles out of state. California does not get any sales tax revenue, and additionally, the dealer based here in California loses a sale. Given the new Governor is attempting to be more "pro business", I'm having a difficult time accepting the fact that his new administration is in concert with him on a better business atmosphere.

c ) As you might know, motocross is growing to larger proportions than recreational riders on public lands are. Most days of the week we see in the Riverside/San Bernardino area anywhere from 1000-2000 per day racing or practicing motocross. Because these are private facilities, the Red Sticker crap does not apply. So... I'm having difficulty (and likely any Judge) believing that restriction of a few vehicles on Public Lands is going to have a substantial benefit to clean air; when hundreds or thousands of vehicles are operated in areas that suffer some of the worst air pollution in the state.

d ) This section of the CVC, as amended by this legislation is contrary to the preamble of this entire legislation. Lets review for a moment Section 5 amending Section 5090.2 of the PRC. (a ) "The Legislature finds that off-highway motor vehicles are enjoying an ever-increasing popularity in California and the indiscriminate and uncontrolled use of those vehicles may have deleterious impact on the environment, wildlife habitats, native wildlife, and native flora. (b ) The Legislature hereby declares that effectively managed areas and adequate facilities for the use of off-highway vehicles and conservation and enforcement are essential for the ecologically balance recreation."

I remember well Gene Chappie sharing his vision of the OHV Fund. He would often speak to the effect that an OHV facility should be in every county. He always told me that such facilities were necessary, otherwise folks would visit other places that we like to go, and perhaps not have the environmental awareness and respect many of us old timers have. After him and you explaining the above to me, I reluctantly went along with this thought pattern.

Now I don't believe that I'm the smartest person in the world, but when the offending section of this legislation allows law enforcement to enforce some stupid and ineffective Regulation that precludes otherwise law-abiding folks from participating in their form of recreation, I see a major flaw in this legislation. So when we legally kick these folks off OHV designated areas, where in the hell do you think they will go? Simple! They go to places we don't want them to go, and the environmental problem we face increases once again. Don't believe me? Just go visit the Beaumont area where the proposed Riverside OHV Park is located.

SEC. 21. Section 38240 of the Vehicle Code is amended to read:
38240. (a) The Controller shall allocate the fees collected under Section 38230 in July and January of each fiscal year in the same manner as fees are allocated under subdivisions (c ) and (d) of Section 11005 of the Revenue and Taxation Code.
(b ) The funds collected under Section 38230 shall be used for the purposes set forth in Sections 5090.50 and 5090.64 of the Public Resources Code.
(c ) Funds In addition to the purposes described in subdivision (b ), funds received by a city or county pursuant to this section may be expended for facilities located outside the limits of the city or county if both of the following conditions are met:
(1) The funds are expended for the purposes of acquiring, developing, and constructing trails, areas, or other facilities for the use of off-highway motor vehicles.
(2) The funds are expended pursuant to agreement with the city in which the facility is located or with the county in which the facility is located if the facility is located in an unincorporated territory.
(d) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date.

This was addressed earlier but bears repeating. Again, there is no system in place for verifying that the funds are being spent properly. Absolutely no accountability.

continued...

SEC. 22. Section 38240 is added to the Vehicle Code, to read:
38240. (a) The Controller shall allocate the fees collected under Section 38230 in July and January of each fiscal year to cities and counties based upon the proportional estimated off-highway motor vehicle use and related activity within the respective jurisdictions pursuant to the report described in subdivision (d) of Section 5090.15 of the Public Resources Code.
(b ) The funds collected under Section 38230 shall be used for the purposes set forth in Sections 5090.50 and 5090.64 of the Public Resources Code.
(c ) In addition to the purposes set forth in subdivision (b ), funds received by a city or county pursuant to this section may be expended for facilities located outside the limits of the city or county if both of the following conditions are met:
(1) The funds are expended for the purposes of acquiring, developing, and constructing trails, areas, or other facilities for the use of off-highway motor vehicles.
(2) The funds are expended pursuant to an agreement with the city in which the facility is located or with the county in which the facility is located if the facility is located in an unincorporated territory.
(d) This section shall become operative on January 1, 2006.

Same accountability issue but no other DUNERS comments.

continued...

SEC. 23. Section 38241 of the Vehicle Code is amended to read:
38241. Any city, county, or city and county may apply to the population research unit of the Department of Finance to estimate its population. The department may make the estimate if in the opinion of the department there is available adequate information upon which to base the estimate. Not less than 25 days nor more than 30 days after the completion of the estimate, the Department of Finance shall file a certified copy thereof with the Controller if the estimate is greater than the current certified population. This certification may be made once each fiscal year.
All payments under Section 38240 for any allocation subsequent to the filing of the estimate shall be based upon the population so estimated until a subsequent certification is made by the Department of Finance or a subsequent federal decennial census is made.
Population changes based on a federal or state special census or estimate validated by the Department of Finance shall be accepted by the Controller only if certified to him or her at the request of the Department of Finance. The request shall be made only if the census or estimate is greater than the current certified population and shall become effective on the first day of the month following receipt of the certification.
The Department of Finance may assess a reasonable charge, not to exceed the actual cost thereof, for the preparation of population estimates pursuant to this section, which is a proper charge against the city, county or city and county applying therefor. The amount received shall be deposited in the State Treasury as a reimbursement to be credited to the appropriation from which the expenditure is made.
As of May 1, 1988, any population estimate prepared by the Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code may be used for all purposes of this section unless a written request not to certify is received by the department from the city, city and county, or county within 25 days of completion of the estimate.
This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date.

No specific DUNERS comments.

continued...

SEC. 24. Section 38346 is added to the Vehicle Code, to read:
38346. A person shall not display a flashing or steady burning red or blue warning light on an off-highway motor vehicle except as permitted by Section 21055 or when an extreme hazard exists.

No specific DUNERS comments.

continued...

SEC. 25. Section 38370 of the Vehicle Code is amended to read:
38370. (a) The Department of Motor Vehicles shall not identify any new off-highway motor vehicle, which is subject to identification and which produces a maximum noise level that exceeds the following noise limit, at a distance of 50 feet from the centerline of travel, under test procedures established by the Department of the California Highway Patrol.

(1) Any such vehicle manufactured before January 1, 1973 .... 92 dbA dBA
(2) Any such vehicle manufactured on or after January 1, 1973, and before January 1, 1975 ..... 88 dbA dBA
(3) Any such vehicle manufactured on or after January 1, 1975, and before January 1, 1986 ..... 86 dbA dBA
(4) Any such vehicle manufactured on or after January 1, 1986 ..... 82 dbA dBA
(b ) The department may accept a dealer's certificate as proof of compliance with this section.
(c ) Test procedures for compliance with this section shall be established by the Department of the California Highway Patrol, taking into consideration the test procedures of the Society of Automotive Engineers.
(d) No person shall sell or offer for sale any new off-highway motor vehicle which is subject to identification and which produces a maximum noise level that exceeds the noise limits in subdivision (a), and for which noise emission standards or regulations have not been adopted by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574).
(e) No person shall sell or offer for sale any new off-highway motor vehicle which is subject to identification and which produces a noise level that exceeds, or in any way violates, the noise emission standards or regulations adopted for such a motor vehicle by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574).
(f) As used in this section, the term "identify" is equivalent to the term "licensing" as used in Section 6(e)(2) of the Federal Noise Control Act of 1972 (P.L. 92-574).
(g) Any off-highway motor vehicle, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions to not more than 101 dbA dBA if manufactured on or after January 1, 1975, or 105 dbA dBA if manufactured before January 1, 1975, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287. This subdivision shall only be operative until January 1, 2003.
(h) On and after January 1, 2003, off-highway motor vehicles, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions.
(1) Noise emissions of competition off-highway vehicles manufactured on or after January 1, 1998, shall be limited to not more than 96 dbA dBA, and if manufactured prior to January 1, 1998, to not more than 101 dbA dBA, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable. Noise emissions of all other off-highway vehicles shall be limited to not more than 96 dbA dBA if manufactured on or after January 1, 1986, and not more than 101 dbA dBA if manufactured prior to January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable.
(2) The Off-Highway Motor Vehicle Recreation Division of the Department of Parks and Recreation shall evaluate and reassess the dates specified in paragraph (1) and include the findings and recommendations in the noise report required in subdivision (o ) of Section 5090.32 of the Public Resources Code.
(i) Off-highway vehicle manufacturers or their agents prior to the sale to the general public in California of any new off-highway vehicle model manufactured after January 1, 2003, shall provide to the Off-Highway Motor Vehicle Recreation Division of the California Department of Parks and Recreation rpm data needed to conduct the J-1287 test, where applicable.

No specific DUNERS comments.

continued...

SEC. 26. Section 38375 is added to the Vehicle Code, to read:
38375. (a) An off-highway motor vehicle, except an authorized emergency vehicle, shall not be equipped with a siren.
(b ) A person driving an off-highway motor vehicle, except the driver of an authorized emergency vehicle as permitted by Section 21055, shall not use a siren.

No specific DUNERS comments.

continued...

SEC. 27. Section 40610 of the Vehicle Code is amended to read:
40610. (a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b ) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator's promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2) If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b ) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator's promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b ) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3 ) The violator does not agree to, or cannot, promptly correct the violation.
(c ) If any of the conditions set forth in subdivision (b ) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d ) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner's or operator's address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days , or 90 days for the all-terrain vehicle safety certificate.

No specific DUNERS comments, except to draw attention to the amended portion which includes reference to the "safety certificate." There will be a HUGE push for those next season, obviously.

continued...

SEC. 28. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

No specific DUNERS comments.

THE END (of this piece of legislation anyway).

Vicki

As you can see, some of these changes are pretty nasty for us and have more traps that I'm sure we've missed.

Again though, we are really behind the 8-ball on this piece of legislation and it will be LAW as is before we know it.

Stay quiet and calm if you like it the way it is.

Stand up and raise your voice if you don't. It's now or never time guys.

One thing I keep asking myself... what in the hell does this piece of legislation do for us?

Vicki

Am I correct in the reading of this? If I am taking a red sticker vehicle down to the local shop for a repair and it isn't in season, I can be cited? Who agreed to that POS?

No.

No.

eff* no.


BTW, who is my "representative"?

JET:

It's difficult to determine if indeed the legislation would enable a LEO to cite for transporting a Red Sticker vehicle during the closed season, but the wording leads me to think that the potential is there.

I received this proposed legislation last September. I made some suggestions to certain Stakeholders regarding area(s) I'm concerned with. I thought the proposal would be amended.

What I didn't know, or don't remember at this date, was the Stakeholders had already voted or reached consensus, thus "casting the die" for what we are discussing here.

In the background, I've been raising the issue for the past couple of weeks or so. Since I don't usually involve myself much with State issues (more of a Federal issues person), this one slipped under my radar.

I'm embarrassed and dismayed by OHV and industry groups essentially agreeing to this POS. I'm working in the background to correct what I perceive are the "wrongs" in this legislation, but the road is VERY difficult ahead. Thus, the rational for my starting this thread.

I would bet that for me it won't be a big problem. I am a middle aged white guy. But for some kid who gets pulled over and the cop is looking for getting him on something, here is another tool for abuse that is open to them. I think this would fall under the law of unintended consequences.

Okay, here is the current list of stakeholder representatives.

Several off-road organizations are listed and one sand-only. Certainly, with this many OHV voices on the stakeholder's group we should have had wind of this before it was almost too late.

Or perhaps there's a logical explanation that we just haven't heard yet.

Please look down the list, find your representative and start demanding answers.

Name & Organization/Agency

Harriet Allen
Desert Protective Council

Donald Amador
Blue Ribbon Coalition

Pamela Amette
Motorcycle Industry Council

John Arrabit
California Highway Patrol

George Barnes
Sierra Club

Gary Barnett
Tahoe National Forest

Dana Bell
National OHV Conservation Council

Terry Bergstrand
California State Sheriff's Association

Dain Ebright
Ocotillo Wells Off-Road Pals Program

Ron Exley
Police Activities League

Rich Farrington
US Forest Service

Rick Fisher
California Off-Road Vehicle Association

Lisa Forma
El Dorado Equestrian Trails Foundation

Jim Gibson
Snowlands Network

Keith Ginn
Trails Unlimited

Daphne Greene
Twende

Jim Haagen-Smit
International Mountain Bicycling Assn.

Bob Ham
Imperial County Governmental Relations

Linda Hansen
BLM - California Desert District Manager

Nick Haris
American Motorcyclist Association

John Hofmann
Regional Council of Rural Counties

Wes Justyn
Independent Motorcycle Retail Industry Assn.


Jim Keeler
Bureau of Land Management State Office

John Keyes
Back Country Horsemen of California

Don Klusman
California Association of 4WD Clubs

Doug Knox
American Motorcyclist Association Dist. 37

Glenn Lyles
California Trails and Greenway Foundation

Jim McGarvie
San Diego Off-Road Coalition

Ken McKowen
State Parks - Recreational Trails Program

Mark McNay
Imperial County Sheriff's Department

Tim McRae
Planning and Conservation League

Betty Morris
Back Country Recreation Consulting

Dave Oakleaf
American Motorcyclist Association Dist. 37

John Paliwoda
California Motorcycle Dealers Association

Keith Rosewitz
American Sand Association

Bill Rugg
California-Nevada Snowmobile Association

Karen Schambach
Center for Sierra Nevada Conservation

Lois Silvernail
California Off Road Vehicle Association

Paul Slavik
American Honda Motor Company

Sean Smith
Bluewater Network


Harold Soens
American Motorcyclist Association Dist. 38

Paul Spitler
Forever Wild

Heath Wakelee
Audubon Society

Edward Waldheim
California Trail Users Coalition

Terry Weiner
Desert Protective Council

Jaeson White
California Highway Patrol

The Stakeholder's play a major roll, follow the link below
to see all of the Feb 2, 2004 OMHVR meeting minutes.

http://ohv.parks.ca.gov/pages/1140/files/Feb2MINUTES.pdf

Excuse me, but we need to bring this back into focus pretty quickly.

This legislation is being "fast-tracked" at this point and it is going to the assembly floor this week.

I have some calls in to find out whether, after it passes the assembly floor, if we still have the option of making substantial changes to it before it becomes law. I don't have the answer yet, but I do know that from the assembly floor it has two senate committees and a senate vote before it becomes law.

What we need to decide, as a community, is are we happy enough with the good point(s) of this legislation to let it pass and reap those benefits, or do we intervene now?

Have the responses been good enough to let it move forward? In other words, is everyone now comfortable with this legislation?

Vicki

I just got the word. This legislation passed the assembly floor today with a 71-0 vote.

Now... what does that mean?

When creating a new bill, there are sponsors. In this case, the OHMVR Roundtable.

Because it is an off-highway focused Bill and it was "endorsed" by the off-highway voices, it has passed each vote unanimously.

That would normally be fine (and will be fine in the future) but in the case of this legislation, the OHV community was not aware of it until it was approved by their leaders and even though we have concerns, those leaders had control.

This legislation, and AB2274, were both handled the same way. Those of us on the ground were not aware what was happening until it was too late. Well that's not completely true -- AB2274 passed completely but it's still not too late for AB2666.

We have choices.

We can either embrace this legislation, accepting its bad points to gain its good points (but first you have to find them) or we can fight this legislation as it moves through the Senate process.

We need to make some decisions.

Vicki

While there may be some good this legislation has in it, I'm very disappointed that our leadership, and especially the ones as representatives for the OHV community, has failed us.

I have little time at this moment to point out the screwing we just got. For over a month now I've been busting butt to get the principles of CORVA to get our concerns addressed. I've been unsuccessful in getting this to happen BEFORE the Assembly voted today. But, there is significant discussion among the CORVA leadership and we may have a different view after a Board of Directors meeting I'm attempting to arrange. Also, other organizations that are members of the Stakeholders have told me they are having "second thoughts" about their support of AB 2666.

Vicki, is there some way we can open another part of this forum temporarily to allow for discussion and exchange of views specifically on this legislation?

Thanks Vicki!

I saw your response to Tom on the "other" sand forum.

I feel very comfortable discussing this matter on this forum. I feel very comfortable with the folks here and the owners FNG and Slappy, and moderator PastorVOR have always made me feel welcome. Thanks guys.

I know there are some technical issues that need to be addressed, but a separate area might be easier to follow. If in any way I could help transferring some of the data, let me know.

I so tired and disappointed today, its difficult to write anymore. I knew I had an impossible task ahead to get this resolved at the Assembly level, but I could not rest until I gave it my best. In the end though, it still hurts more than I can express seeing the huge mistake our OHV leadership has made.

Tomorrow is a new day and a new opportunity to get this thing turned around exists. The Phantom Duck of the Desert taught me that a Phantom Duck never gives up. And I won't!

Thanks for all the help Vicki; you’re the best.

This legislation is on the "fast-track" which means it is pushed through quickly with lots of support. It has passed the assembly process and now moves on to the senate process, which means two committees and then a senate vote.

It cannot become law until January 1, 2005.

There are people still working on this legislation to find ways to make it what we want it to be.

It's been hard to fight this legislation since it had so much support from the OHVMR stakeholders. There are a few that are beginning to see they may have misplaced their support, but at this point they don't seem able to back down too far.

Probably the most beneficial thing that has come out of this whole process so far is the waking up of the OHV community and our shaking awake our representatives.

I'll do some checking and give a better update when I can.

Vicki

CURRENT BILL STATUS


MEASURE : A.B. No. 2666
AUTHOR(S) : Maldonado.
TOPIC : Vehicles: off-highway vehicle recreation areas.
HOUSE LOCATION : SEN

TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy

LAST HIST. ACT. DATE: 06/03/2004
LAST HIST. ACTION : Referred to Coms. on N.R. & W. and TRANS.
COMM. LOCATION : SEN NATURAL RESOURCES AND WILDLIFE
HEARING DATE : 06/22/2004

TITLE : An act to amend Sections 5001.5, 5001.8, 5003.15, 5010,
5090.02, 5090.09, 5090.15, 5090.24, 5090.35, and 5090.53
of, and to amend the heading of Article 4 (commencing
with Section 5090.40) of Chapter 1.25 of Division 3 of,
to amend and renumber Section 5090.46 of, the Public
Resources Code, to amend Section 8352.8 of the Revenue
and Taxation Code, and to amend Sections 14601, 14601.1,
14601.2, 14601.3, 14601.4, 14601.5, 38020, 38370, and
40610 of, to amend and repeal Section 38241 of, to
amend, repeal, and add Section 38240 of, and to add
Sections 38346 and 38375 to, the Vehicle Code, relating
to vehicles.