CODE RED CA ACTION ALERT - Stop Raid on OHV Trust Fund

HQ wants to thank all those riders and groups who helped rally the troops for the May 9 hearing on the proposal by two state senators to gut the OHV grants program.  Your calls raised the temperature on this ill-concieved plan so the legislature postponed it until May 23.

HQ urges OHVers to use the BRC alert today and send emails and make phone calls to your own state legislators asking them not to support the proposed taking of $21 million from the OHV Trust Fund.  Ask them to protect the “Trust” in the Trust Fund.

BRC Alert (emails and calls needed  today, tomorrow, and Wednesday)

BRC CALIFORNIA ACTION ALERT

TELL STATE LEGISLATORS TO PROTECT THE "TRUST" IN THE OHV TRUST FUND

MAKE CALLS AND SEND EMAILS TODAY IN TIME FOR MAY 23 HEARING

YOUR voice is needed to STOP a proposal by two state senators to gut the OHV grant's program.  Their plan to take $21 million from the OHV Trust Fund will basically zero out monies available for grants to maintain FS and BLM trails, to support local county sheriffs and other OHV-related law enforcement, to fund county OHV parks, and to restore degraded trails to a natural condition.

May 17 News Article on Trust Fund Raid

http://www.highlandnews.net/articles/2012/05/17/opinion/columns/doc4fb536f8d7128626679448.txt

During the May 9 hearing on this issue, a large number of trail users, OHV organizations, rural interests, and outdoor recreation businesses expressed strong opposition to the current proposal by budget committee chairman, Joe Simitian (D-Palo Alto). You and your friends must do the same thing for the hearing on May 23.

Here are some key bullet points to make when talking with your legislator:

•              OHV Grant Program is a program that works.  The clarity is such that we understand the funding; we know where the money is coming from and how that money is spent.

•              It works and it works effectively.

•              40 years ago, Republican and Democrat legislators realized that people within the Parks System did not appreciate off-highway vehicle recreation.  Consequently, OHV was given some autonomy within Parks and an OHV Division was created.

•              These visionary leaders wanted a strong, organized program that included law enforcement, the remediation of land and education with an understanding of where you can recreate legally.  It works.

•              It makes no sense to move the money from the OHV Trust Fund to Parks.

Ask your legislator to oppose Senator Simitian's proposal to take trust fund monies from the OHV Trust Fund.  Remind them these are funds are generated 100% from the users who recreate off-road.

Our good friends at Cal4WD have created an easy to use alert where you may contact your state legislator.

http://www.cal4wheel.com/action-center

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HQ's Don Amador sent his own personal letter today to Senators Simitian, Lowenthal, and DeSaulnier (Mark DeSaulnier is my own senator)

HERE IS LETTER FOR YOUR REVIEW

May 21, 2012

Senator Simitian

State Capitol
Sacramento, CA 92449

RE: Don’t Betray the “Trust” on the OHV Trust Fund

Dear Senator Simitian:

I write to you today as a California native and a strong supporter of the California Off-Highway Vehicle (OHV) Program. And, I urge you not to betray the public “trust”  by taking $21 million dollars of  user-pay/user-benefit monies from the OHV Trust Fund and diverting it into State Parks.

As a teenager in the late 1960s-70s, I remember filling out a state gas tax refund form where I got a refund from the state treasurer based on the amount of fuel I used when driving my OHV off-road (non-paved dirt roads). I also remember the promise made to me by the proponents of the Chappie-Z’berg Act of 1971 (that established the California OHV Program) that they would use these dedicated “trust” funds to manage motorized recreation. I trusted them.

Over the years, that trust has been betrayed on a number of occasions by both Republican and Democrat officials. In fact, there have been two lawsuits filed by the OHV community that successfully challenged the state government’s legal authority to raid the OHV Trust Fund.

As a member of the negotiating team (OHV, environmentalists, legislature, Governor’s Office) that met throughout the summer of 2007 to hammer out SB742 (the new OHV Program), I remember the group worked hard to make sure that protecting the “trust” in the OHV Trust Fund was a key statutory tenet of that legislation.

Today, I urge your committee to not betray the public-trust again by taking OHV money that is not yours to take.

Sincerely,

Don

Don Amador

California Native
555 Honey Lane
Oakley, CA 94561
Phone: 925.625.6287
Email: damador@cwo.com

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It is a good idea to also send a letter to Senator's Simitian and Lowenthal as well.

Senator Simitian
heather.scott@sen.ca.gov

Senator Lowenthal
senatorlowental@sen.ca.gov
john.casey@sen.ca.gov

Thanks in advance for your service!

DEFCON ONE Alert to CA OHV Community - Stop Weekend Raid on OHV Trust Fund

CA OHV COMMUNITY PLACED ON DEFCON ONE ALERT STATUS THRU WEEKEND

After the California Budget Conference Committee’s discussion today about the fiscal future of the CA OHV Program, the Recreation HQ is issuing its first DEFCON ONE ALERT.

Folks, the Committee postponed a vote to steal the money today but will be meeting between now and over the weekend until they decide how much money they want to take from the OHV Trust Fund. I heard from one government staffer who witnessed bogus testimony from the California Legislative Analyst’s Office staff about how they have a right to steal dedicated funds. This person said it was the most embarrassing display of bad government they had ever seen.


HQ believes these proposals to steal money from the OHV Program is a gross violation of the public trust and betrays both the spirit and intent of SB742. How can they ever ask the OHV community and OHV leaders to work with them in a collaborative manner if they do this? Nobody I know will ever trust them including me.


This DEFCON ONE ALERT is being issued because HQ believes that both the Grants Program (trails, restoration, law enforcement, and safety) and the Division (SVRAs, grant staff, scientists, other professionals) are now both equally at risk (before they had just talked about gutting the Division side of the program).


HQ is asking that you share this information with your local county supervisors, sheriffs, FS, BLM, and other grant recipients and ask them to contact the Budget Conference Committee Members AND their own Assembly members, State Senators, and Governor to petition them to honor the OHV Trust Fund. It will be the rural counties and users that get hurt the most if the OHV Trust Fund is sacked.

Key Budget Conference Committee Contacts


Assembly


Bob Blumenfield - Chair Dem-40 (916) 319-2040 Assemblymember.Blumenfield@assembly.ca.gov

Felipe Fuentes Dem-39 (916) 319-2039 Assemblymember.Fuentes@assembly.ca.gov

Diane L. Harkey Rep-73 916) 319-2073 Assemblymember.Harkey@assembly.ca.gov

Jim Nielsen Rep-2 (916) 319-2002 Assemblymember.Nielsen@assembly.ca.gov

Nancy Skinner Dem-14 (916) 319-2114 Assemblymember.Skinner@assembly.ca.gov

Senate

Mark Leno – Vice Chair (916) 445-4722 Senator.Leno@senate.ca.gov

Bill Emmerson Rep-37 (916) 327-2187 Senator.Emmerson@senate.ca.gov

Bob Huff Rep-29 (916) 651-4036 Senator.Huff@senate.ca.gov

Alan Lowenthal Dem-27 (916) 327-9113 Senator.Lowenthal@senate.ca.gov

Gloria Negrete McLeod Dem-32 (916) 445-0128 Senator.McLeod@senate.ca.gov

AMA Alert

http://capwiz.com/amacycle/issues/alert/?alertid=30580501&queueid=[capwiz:queue_id


HQ thanks all of you who have already sent in letters and made phone calls. However, we urge you to keep the pressure on through the weekend. Please share this information with your local elected officials. HQ will also be sending in additional letters and making phone calls over the next few days.

Thanks for your service!

CODE RED ALERT - OHV Trust Fund Under Attack in Sac - Letters Needed by 9:30am Today

HQ is sending out a “broken arrow” alert, which means “all hands on deck” -- our OHV program is under attack. Your help with a letter or by attending the Assembly Budget Committee #3 Hearing today at 9:30 a.m. in Room 437 at the State Capitol is urgently requested.


Thanks to a heads-up by my good friend, Nick Haris (AMA), late yesterday, HQ found out that the Assembly Budget Committee #3 Hearing on Monday February 7 had said they would not look at OHV budget issues until sometime in May. Suddenly on Wednesday, Nick finds out that the committee plans to review OHV budget issues TODAY!

One of the most outrageous proposals by the committee is to consider most if not all of the OHV Trust Fund to be “fungible.” In simple terms… that means that the legislature or bureaucrats can use that money for almost anything they want including non-OHV issues. Yes folks, that means we would not have an OHV program.

Secondly, they want to take $5 million dollars to hire state park rangers to patrol a yet to be determined list of “closed parks” to protect them from an assumption that there will be illegal OHV activity there. If there is trespass, that is a local crime issue that should be handled by the sheriff. If they are going to hire park rangers to patrol closed parks, why not have the park rangers patrol an open park?

I am asking you to FAX or email the Assembly Budget Committee # 3 today by 9:30 am. TODAY.  I will be there in person to testify. If you cannot attend, I believe they will be broadcasting it on video feed (check assembly website for link)


Contact info for committee members

http://www.assembly.ca.gov/subcommitteeframe.asp?subcommittee=20

OHV First Up on Agenda Today
http://www.assembly.ca.gov/subcommitteeframe.asp?subcommittee=20

Governor’s Budget
http://www.ebudget.ca.gov/pdf/GovernorsBudget/3000/3790.pdf


For reference, I will cut and paste my BRC letter to the committee on the concerns I have. Remember to be respectful when you send in letters. However, passion about your sport is encouraged at the HQ.

ORIG. SENT ON BRC LETTERHEAD



February 10, 2011

The Honorable Richard S. Gordon, Chair
Assembly Budget Committee # 3
State Capitol
P.O. Box 942849
Sacramento, CA 92449

RE: Feb. 10 Hearing - Concerns About Impacts to OHV Program


Dear Chairman Gordon and Committee Members:

As a native of California and a strong supporter of the California Off-Highway Vehicle (OHV) Program at State Parks, I write to your committee with strong concerns and objections to a number of proposals that could seriously impact the future and viability of this unique “user-pay/user-benefit” state park program.

OVERVIEW:
I was first alerted to your committee’s actions on February 7 and the proposed actions for today’s hearing by a representative of the American Motorcyclists Association. Due to the late notice of your committee’s proposed action, I apologize in advance for any misinterpretation of the facts and figures and commit to further analysis as well as working with your staff on these issues. Trying to weave through the various public documents with little review time was difficult at best.

SUPPORT:

Before stating my concerns, I want to thank the subcommittee for its apparent support of several pro-active and important OHV-related proposals in the Governor’s budget that includes storm water compliance, updates to general plans, land surveys/acquisition feasibility studies, $27.1 million dollars for the local assistance program, and the capital outlay budget.

OPPOSE:

Breech of the Public Trust

BRC urges your committee to reject what we feel is an incorrect informal opinion made by the Legislative Counsel in 2009 that the gasoline tax fees and SVRA entrance fees are fungible which means that up to $75 million dollars of the OHV Trust Funds could be spent by the legislature or state park department for any related or non-related OHV use. As part of the 2007 negotiating team (OHV, environmental, Governor’s Office) for SB 742 the new OHV program, I believe the use of this informal opinion would create a serious breech of the public trust because OHV leadership and state government promised the OHV community that if they would double their vehicle license fees and agree to a substantive environmental restoration program that the OHV Trust Fund would be respected and honored by the legislature. Again, this fungible concept places the entire OHV program in jeopardy and would be in conflict with the legislative intent of SB 742.


Sweeping of the OHV Reserve Fund

Recently, Governor Brown cancelled the proposed sale of 11 state properties and stated that to make up some of the difference his office would sweep special fund reserves. At this point it appears there is $25.6 million dollars in the OHV Reserve Fund. Again, this appears to be a breech of the public trust according to promises made to the OHV community in the process of enacting SB742. BRC believes the sweeping of this fund could also threaten the OHV program’s ability to fulfill its legislative mandate to provide for environmentally responsible OHV recreation in this state.

Appropriating $5 million dollars for “Closed Park” Law Enforcement


BRC believes this action is ill advised and premature. There is no list yet that is available to the public. The 2005 Bureau of State Audits Report on the OHV program found these types of “taking” to not be in compliance the legislative intent of the OHV program. As you know, these funds have been directed by the legislature to be used exclusively to support legal OHV opportunities. BRC believes the “assumption” that OHV crimes will occur in closed state parks is speculative at best. Secondly, if there is OHV trespass it is a local crime issue best handled by the sheriff’s department. It does not make sense to hire state park rangers to patrol a closed park. If you hire park rangers, you should have them patrolling an open park.

Also, there are a number of rural state park units that have or have had legal OHV opportunities such as Tolowa Dunes, Red Rock Canyon, and Anza-Borrego. If those units or similar units are on the closure list, state parks should work with the OHV program or county parks to see if they could operate them and keep the units open for public use. Having a park that is relevant to the local and visiting public could help keep it in business.

Summary:

BRC urges the committee to slow down and take more time to review the serious implications of our aforementioned concerns on both the short and long term viability of the OHV program in California. Let’s keep our promises that we made to the OHV community in SB 742.

Respectfully submitted,

DON

Don Amador
Western Representative
BlueRibbon Coalition, Inc.
555 Honey Lane
Oakley, CA 94561
Office: 925.625.6287
Email: brdon@sharetrails.org

The BlueRibbon Coalition is a national recreation group that champions responsible recreation, and encourages individual environmental stewardship. With members in all 50 states, BRC is focused on building enthusiast involvement with organizational efforts through membership, outreach, education, and collaboration among recreationists. 1-800-BlueRib - www.sharetrails.org

COMMENTARY ON PEER'S EFFORT TO DEFUND CA OHV PROGRAM

On July 6, 2009 PEER (parent organization of Rangers for Responsible Recreation – one of its rangers is being interviewed by the US Senate today for National Director of BLM) issued an error filled news release advocating for the gutting of the CA OHV Program.

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PEER NEWS RELEASE
http://www.peer.org/news/news_id.php?row_id=1214

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As some of you know, BRC’s Don Amador spent over 100 hours in the summer of 2007 working with a core group from state parks, the OHV and green lobby, and the Governor’s Office on SB742 – a bill that would provide the state with an ecologically-balanced OHV program. At the end of the day, it got almost a unanimous vote of approval by the state legislature and was signed into law by the Governor. BTW – PEER opposed the bill.

Based on my recollection of some intense negotiations on SB742, and my review of the bill, here is my response to PEER’s bilge.

RESPONSE AND OVERVIEW

A bipartisan committee (GOP, Dems, Enviros, and OHVers) back in the early 1970s: created the 1971 Chappie-Z’berg Act. The bill provided a stable funding source of non-General Fund monies to help pay for trail maintenance, law enforcement, new riding areas, and safety/education. This concept is similar to other user pay/user benefit state programs such as Boating and Waterways where fuel taxes on gasoline burned by boaters is set aside for managing reservoirs and waterways. In a similar fashion, fuel taxes on gasoline burned while operating vehicles off-highway is set aside for managing off-highway vehicle recreation throughout California on local, state, federal and private lands.

According to the Revenue and Taxation Code, funds generated by off-highway recreation shall be used to for managing off-highway recreation, just as on-highway funds are used for highways.

Since the working group spent a lot of time discussing the following foundation block or tenet of SB742, let me restate it for the record… the bill says that the program is to support both motorized recreation and “motorized off-highway access to nonmotorized recreation.” SB742 states that priority should be given to grant projects that maintain existing OHV opportunity, and then give extra consideration to those projects which also provide motorized access to nonmotorized recreation.

BTW –I seem to remember that OHMVR staff said at a OHV meeting that that approx. 20-21 percent of the OHV fund comes from the new increased OHV reg. fees – not 12%


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Highlights of SB742
http://www.parks.ca.gov/pages/1140/files/sb%20742%20highlights%2011-21-07.pdf

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Read About CA OHV Laws
http://ohv.parks.ca.gov/pages/1140/files/ohvlawsbook-2008.pdf

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I don’t think the legislature is paying much attention to PEER’s effort to defund the OHV program. At this time, I think we need to just be armed with the facts and be ready to stand up and defend our program when asked by someone about PEER’s false accusations and their ludicrous proposal to take OHV monies.

The General believes (and has stated on many occasions) that regular state parks should find a way to become a user pay/user benefit program such as Boating or Waterways or the OHMVR Division instead of relying on monies from the General Fund.

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