PEAK PUTTERS

Governor Gregiore has requested that the Legislature eliminates the entire Nonhighway and Offroad Vehicle Activities advisory committee.

Section 141 of HB2151 and SB5994 does just that.

http://apps.leg.wa.gov/billinfo/summary ... &year=2009

http://apps.leg.wa.gov/billinfo/summary ... &year=2009

If this happens the Recreation and Conservation Office can pretty much do whatever they want with your NOVA funds. You lose any say on how your ORV tabs and gas tax money is spent.

SB5997 has been assigned to the Senate Ways & Means Committee

HB2151 has been assigned to the House State Government & Tribal Affairs Committee.

HB2151 is getting moving first with a committee hearing tomorrow 13-Feb at 1:30pm.

The House committee members are:
Sam Hunt = hunt.sam@leg.wa.gov (chairman)
Sherry Appleton = Appleton.sherry@leg.wa.gov
Mike Armstrong = Armstrong.mike@leg.wa.gov
Gary Alexander = Alexander.gary@leg.wa.gov
Dennis Flannigan = Flannigan.dennis@leg.wa.gov
Chris Hurst = hurst.christopher@leg.wa.gov
Mark Miloscia = miloscia.mark@leg.wa.gov
Dan Newhouse = newhouse.dan@leg.wa.gov

Let them know what you think!

More from Arlene Brooks:


SB 5994 - Eliminating Boards and Commissions

--------------------------------------------------------------------------------

By request of Governor Gregoire, Senators Craig Pridemore (D-Dist. 49), Mark Schoesler (R-Dist.9) and Jim Honeyford (R-Dist. 15) co-sponsored SB 5994 -(201 pages) Eliminating boards and commissions on June 30, 2010 - it is the intent to build a leaner more efficient and a more responsible government. (Companion Bill HB 2151). This bill will eliminate fifty-six (56) boards and commissions by Executive Order; eliminate 34 boards and commissions by June 30, 2009; and 62 more by June 30, 2010 - which includes the Non-Motorized Off Road Vehicle Activities (NOVA) committee as we know it now.To review the original entire bill: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5994

This legislation has been referred to Government Operations and Elections - first reading was February 12th.

(History) Since 1971 Washington State has administered programs designed to benefit recreational off road vehicle (ORV) users. Originally known as the All-Terrain Vehicle (ATV) program and later NOVA; found in Chapter 46.09 RCW - the intent remains the same - to provide quality recreation opportunities to citzens who consume motor fuel in pursuit of recreational activities involving ORV's and non-highway roads.

Not only does this NOVA Advisory Committee recommend grant funding, to the Recreation & Conservation Board (RCB)(formally Interagency Committee for Outdoor Recreation - IAC) for motorized - non-motorized and non-highway trail maintenance/planning/ projects - they also address and grant the Education & Enforcement programs which encourage responsible recreational behaviors through positive management.

(SB 5994 - Digest of Bill) Declares that while advisory boards, committees, and commissions be eliminated, agencies should identfy new, less costly, and more effective opportunities to ensure a board range of citizen participation is provided and that all reasonable efforts are made to ensure that channls are maintained for vital input from the citizens of Washington. Ample time is provided for the advisory groups to complete work in progress and for agencies to develop alternative communication strategies.

More information to follow - as information is obtained.

Arlene Brooks, WA. State Director

Senator, may I ask your opinion on this bill, particularly as regards NOVA programs? I realize that there may be a number of boards and commisions that may have outlived their mandate, but NOVA isn't one of them. The off road community does not want to see the fees we pay used for any other purpose than what they are meant for. I look forward to your thoughts on this.

Dave Walters
Tri Cities Peak Putters

Dave there several of these bill “floating about.â€

Howdy Folks,

The Washington State legislature is still eyeing your Non Highway and Offroad Vehicle Activities (NOVA) account.

That is where your ORV tab money and your ORV portion of the gas tax is supposed to go.

Some of them would like to redirect those monies elsewhere to help them balance their budget and cover their bloated spending elsewhere.

Currently the budget legislation is before the House Capital Budget Committee and the Senate Ways and Means Committee.

If you think that redirecting your money is a stinky plan, please yet your Senator, both House of Representatives members and members of both of these committees know where you stand.

Senate Ways and Means Committee:
Margarita Prentice = Prentice.Margarita@leg.wa.gov
Karen Fraser = Fraser.Karen@leg.wa.gov
Rodney Tom = Tom.Rodney@leg.wa.gov
Joseph Zarrelli = Zarelli.Joseph@leg.wa.gov
Dale Brandland = Brandland.Dale@leg.wa.gov
Mike Carrell = Carrell.Mike@leg.wa.gov
Darlene Fairley = Fairley.Darlene@leg.wa.gov
Mike Hewitt = Hewitt.Mike@leg.wa.gov
Steve Hobbs = Hobbs.Steve@leg.wa.gov
Jim Honeyford = Honeyford.Jim@leg.wa.gov
Karen Keiser = Keiser.Karen@leg.wa.gov
Adam Kline = Kline.Adam@leg.wa.gov
Jeanne Kohl-Welles = Kohl-Welles.Jeanne@leg.wa.gov
Joe McDermott = McDermott.Joe@leg.wa.gov
Ed Murray = Murray.Ed@leg.wa.gov
Eric Oemig = Oemig.Eric@leg.wa.gov
Linda Evans Parlette = Parlette.Linda@leg.wa.gov
Cheryl Pflug = Pflug.Cheryl@leg.wa.gov
Craig Pridemore = Pridemore.Craig@leg.wa.gov
Debbie Regala = Regala.Debbie@leg.wa.gov
Phil Rockefeller = Rockefeller.Phil@leg.wa.gov
Mark Schoesler = Schoesler.Mark@leg.wa.gov

House Capital Budget Committee:
Hans Dunshee = dunshee.hans@leg.wa.gov
Timm Ormsby = ormsby.timm@leg.wa.gov
Judy Warnick = warnick.Judith@leg.wa.gov
Kirk Pearson = pearson.kirk@leg.wa.gov
Glenn Anderson = anderson.glenn@leg.wa.gov
Brian Blake = blake.brian@leg.wa.gov
Maralyn Chase = chase.maralyn@leg.wa.gov
Laura Grant-Herriot = grant-herriot.laura@leg.wa.gov
Mike Hope = hope.mike@leg.wa.gov
Jim Jacks = jacks.jim@leg.wa.gov
Marcie Maxwell = maxwell.Marcie@leg.wa.gov
Jim McCune = mccune.jim@leg.wa.gov
Tina Orwall = orwall.tina@leg.wa.gov
Norma Smith = smith.norma@leg.wa.gov
Scott White = white.scott@leg.wa.gov

If you don’t know who your Washington State Senator and two House of Representative members are, you can find them at:
www.leg.wa.gov


Example words:
+++++++++++++++++++++++++++
Please DO NOT redistribute funds intended for the Non Highway and Offroad Vehicle Activities account!

This account was created when offroad vehicle users volunteered to waive their legal right to a fuel tax refund in exchange for a self-directed state account to provide funding for programs that benefited offroad vehicle activities.

These same citizens volunteered to have their license tab fees increased so long as those monies were also placed in the Non Highway and Offroad Vehicle Activities (NOVA) account.

To redirect the funding away from the NOVA account would be nothing short of stealing from the very same citizens that willing gave the state their hard earned money.

+++++++++++++++++++

Happy Trails,

WOHVA political Action Committee Chairman

And this just in from Senator Delvin:


Hi Dave:



In sec. 303 of the Senate budget as it passed out of committee, there is $9.56 million of funds from the NOVA Program Account which is transferred into State Parks. General fund money which had been used for park maintenance is backed out and NOVA funds are used instead.



As you know, the NOVA account consists of monies from off-road vehicle license tab fees and funds raised when off-road vehicle users waived their right to a fuel-tax refund. Off-road vehicle enthusiasts were told that the money raised through these funds would go towards developing and managing recreational opportunities for users of backcountry trails and non-highway roads.



I believe this shifting of dollars from the NOVA account is unfairly being placed into the general fund. The funds raised by off-road vehicle fees which were specifically set aside for recreational projects will now be used for other unrelated purposes in the operating budget. Irresponsible budget shell game .



Bottom line, House and Senate majority leaders are far apart and there have been limited updates. As we head into next week (rumor is maybe special session) should I hear anything further on the NOVA Program account, I’ll keep you informed.



Hang in there.



Jerome.

A post onPNW indicates that the budget got ut of the House with NOVA intact. Now we need to lean on the Senate and whats her name...

I just received word that "due to the current economic situation" - the budget passed by the Legislature redirects the upcoming biennium's (2009-2011) Non Highway and Off Road Vehicle Activities (NOVA) grant funds to other purposes. (It came down to last minute compromise between the House & Senate (11th hour - 26th PM) and believe it was directed to Washington State Parks). (House 61 Yes - 35 No) (Senate 31 Yes - 15 No) Effective date contains an emergency clause and will take effect immediately.

If the Governor approves the budget, the Recreation and Conservation Office will have to cancel this years NOVA grant cycle; it will be sometime in May when the Governor acts on this budget.

I know letters have been written, emails sent and phone calls have been made during this 105 day legislative session - thanks to those who have addressed this issue with your respective legislators.

Arlene Brooks, WA. State Director

Good Afternoon,



Thank you for writing to me this past session on NOVA funding in the budget.

Just to assure you we are good to go!!!!



Generally, the NOVA funds are appropriated through the Recreation and Conservation Funding Board’s capital budget. For the 2009-11 biennium, the Legislature appropriated both the NOVA funds, and the Recreation Resources Account funds to the Parks and Recreation Commission to support the operation and maintenance of state parks. An equal amount of general fund state was removed from the Parks and Recreation Commission.



Budget Note:



Park Maintenance and Access Improvements



Funds are provided for maintenance and operation and to improve accessibility to recreational activities in parks that provide opportunities for boaters and off-road vehicle users. Costs are shifted from the General Fund to the Recreation Resources Account and the Nonhighway and Off-Road Vehicle Activities Program Account for this purpose. (Recreation Resources Account-State, Nonhighway and Off-Road Vehicle Activities Program Account-State)



Your voice does matter!



Respectfully,

JEROME DELVIN

SENATOR

Corrupt Democrat Leadership in WA State
By Janis Kristiansen
Thursday, April 24, 2009

Since NO ONE in the press is going to report this, I will. I just got off the phone with my husband, State Rep. Dan Kristiansen (washingtonvotes.org/Legislator.aspx?ID=1534).

In summary, this is what he said.

At the beginning of session this year, the Democrats in control in the House changed the rules and eliminated the 24 hour rule from when the budget is introduced to when it can be voted upon. In the past, the budgets were rolled out for review, and no vote on any budget could happen until at LEAST 24 hours had passed, giving time for the minority party (read Republicans) to review the budget, and make an intelligent vote on it. Not this session. A budget can be introduced and voted upon, all in the same hour, giving the minority party literally no time to read it.

This morning, April 24, three days before the end of session, the Democrats announced that NO amendments to the capitol budget could be introduced (most amendments are offered by the opposing party, usually) after 3 pm today. Guess when the Democrats released the capitol budget today, for the Republicans to get a first review of it? At 3:25pm, 25 minutes after cut-off for any amendments to be offered. So, for the Republicans, NO amendments can be offered because the Democrats released the operating budget for the Republicans to see 25 minutes after the deadline for amendments to be accepted.

This is CORRUPT.

The story is not over. The operating budget, separate from the capitol budget, was emailed to the Republicans this morning at 1:30 AM, early in the morning. It is several hundred pages. The Democrats then said NO amendments were going to be allowed to the capitol budget after 12 noon today. So, in the middle of the night the Democrats release the capitol budget, and then announce no amendments are allowed after 12 noon, AND they are voting on this budget this afternoon.
This is the corrupt nature of the Democrats in control.

How are Republicans supposed to vote yes or no on these budgets, hundreds of pages long, that spend approximately $34 billion dollars each biennium, when they are given no time to review it, or offer even hurried amendments to it? The Democrats realize they have almost a super majority; so in essence, it's OK to ignore the Republicans during the budget process.

Please email this article to everyone you know in WA. The 5,000 people who came to the Tea Party in Olympia, myself included, and who participated in one of the 30 tea parties across our state, need to know this is the level of corruption in the Democrat leadership in the House of Representatives in WA.

Rep. Dan said this Operating Budget offered sets our state up for an approximate $10 billion shortfall in the 2011 biennium. This is outrageous! Where is self-restraint? Where is responsibility? Where is the good stewardship of taxpayer dollars?

FROM OUR FRIENDS AT WASHINGTON TRAILS ASSOCIATION


State Parks Saved!
Washington State Parks, and the hikers and families who enjoy them, won a hard-fought victory this week. The gates of Washington State Parks will remain open this summer.


Thanks to the work of every WTA member who called or visited their legislator, Washington's State Parks are safe from closure.
Washington State Parks, and the hikers and families who enjoy them, won a hard-fought victory this week. The state legislature adjourned on Monday, sending a budget to Governor Christine Gregoire that keeps Washington State Parks open.

"The gates of Washington State Parks will remain open this summer," said Jonathan Guzzo, Advocacy Director for Washington Trails Association. "When hikers heard about the budget cuts and closures, they spoke up for the places they recreate in. We're pleased that the legislature listened to their constituents and realized that these Parks are an important part of our communities, particularly during an economic downturn."

"From hiking to picnicking to camping, Washington's State Parks are where many kids and families get their introduction to the outdoors. People need places to go with their families, and communities close to these parks need the funds that are generated by people visiting these Parks and enjoying the outdoors," he added.

"The gates of Washington State Parks will remain open this summer."-- Jonathan Guzzo, Advocacy Director for Washington Trails AssociationThe halt to the threatened closures of Parks assumes some new revenues included in the budget materialize. Among those revenues is a $5.00 fee attached to motor vehicle tab renewals, with the possibility of opting out at renewal. The legislature has projected that tab fee revenue will provide roughly $23 million to State Parks annually. The legislature also transferred $19 million from the Non-Highway and Off-Road Vehicle Activities (NOVA) and Boating Facilities Programs to keep Parks from closing.

This is a dramatic turnaround from the earlier assumption that up to 40 State Parks would be mothballed in response to the Governor’s proposed cut of $23 million from State Parks’ budget.

Washington Trails Association (WTA) closely tracked the State Parks budget news as it developed, and worked hard to make sure that the legislature supported a solution to keep Parks open. WTA supported the passage of HB 2339 and worked to ensure that any transfer of NOVA money be spent keeping Parks open rather than being shunted to non-recreation programs.

The 2009-11 budget has been sent to the Governor and we anticipate that she’ll sign it without vetoing critical sections.

Of course, we didn’t get to this great victory alone. We worked hand-in-hand with a number of other organizations to make this happen. And key legislators stepped up to help. Senators Karen Fraser, Rodney Tom, Margarita Prentice and Eric Oemig all showed strong leadership on the Senate Ways and Means Committee. Representatives Kelly Linville and Hans Dunshee, Chairs of the House Ways and Means and Capital Budget Committees respectively, stepped up to keep Parks from closing.

Most importantly, every WTA member who called or visited their legislator, every hiker who took the time to write a quick letter or hotline call, and everyone who attended WTA’s Annual Hiker Lobby Day was instrumental in making this victory a reality.

During a session in which legislators faced a $9 billion budget deficit, your support made it possible for us to keep State Parks open this year. Thank you.

Hi, Folks -

A lot is going on this week with the Washington State Department of Natural Resources’ (DNR) Recreation Program:

- Budget Update

- Sustainable Recreation Work Group meets Thursday

- ORV Safety Summit this Saturday (Free!)

- New emphasis on education and enforcement in Reiter Foothills


Budget Update

DNR’s Recreation Program is facing some tough challenges ahead, the biggest of which is the loss of the Nonhighway and Off-Road Vehicle Activities (NOVA ) Program grants. Our yearly funding from NOVA grants has been around $1.5 million, which provides the bulk of the funding for crews to maintain recreational facilities, build and renovate facilities, and do law enforcement.

Our capital budget went from $1.05 million to $816,000. This cuts into our ability to replace failing outhouses and bridges, repair existing facilities and trails, and develop new trails and facilities.

Other budget cuts include a 60% reduction ($640,000) in General Fund appropriation and a 50% reduction in management funds ($300,000). Once the dust settles a little bit more, I plan on working with staff and user groups to figure out how we can plug the budget holes and continue to provide safe, enjoyable, and sustainable recreational opportunities.

On the positive side, we will be receiving the same amount from the ORV account ($1.5 million/year). The legislature also provided nearly $900,000 to our program to install signs in many recreation areas and carry out the recreation plans for Reiter Foothills and Ahtanum State Forest.

For more information and background about our budget, download our December 2008 newsletter (PDF): www.dnr.wa.gov//Publications/amp_rec_re ... er2008.pdf

Sustainable Recreation Work Group meets Thursday May 7

The Sustainable Recreation Work Group will be meeting from 9 a.m. to 4:30 p.m., Thursday, May 7, at Cedarbrook Conference Center in SeaTac. The work group will discuss how to sustainably fund recreation on DNR-managed lands, improve recreational access to these lands, and hear about the environmental impacts of recreation. The public will have an opportunity to comment during the meeting. The agenda is posted and more information will be available at www.dnr.wa.gov/RecreationEducation/Topi ... endas.aspx.

Directions to Cedarbrook: www.cedarbrookcenter.com/maps_directions.php

ORV Safety Summit this Saturday at Straddleline


DNR and the Washington Off-Highway Vehicle Alliance (WOHVA) are sponsoring a FREE ORV Safety Summit from 10 a.m. to 2 p.m., on Saturday, May 9, at Straddleline ORV Park, located on State Route 8 between McCleary and Olympia. The event will feature free inspections of equipment and safety for off-road vehicles. The event is designed to give users of off-road vehicles (four-wheel, all-terrain vehicles and motorcycles ridden on trails) tips to ride safely and avoid damage to lands and natural resources. For more information, contact Larry Raedel, DNR’s Chief Law Enforcement Officer, 360-902-1698 or larry.raedel@dnr.wa.gov.

New emphasis on education and enforcement in Reiter Foothills

Last Friday, May 1, DNR, state and local law enforcement, and volunteers began an intensive education and awareness campaign in the Reiter Foothills, in eastern Snohomish County. The focus of the campaign is to let people know about the problems that have been occurring in Reiter from overuse, vandalism, and unauthorized trail building.

Many of you know that Reiter Foothills is a popular place to go off-road riding. And if you’ve been to Reiter, you know that there’s been a lot of damage to the area’s natural resources, particularly the streams and other sensitive habitats. DNR and a citizens’ advisory group are working on a recreation plan for the area. A draft of the plan will be available for review and comment this summer. In the meantime, DNR and its many partners had to take some immediate actions to reduce and correct some of the damage. If you’d like to know more about Reiter and even take part in a work party, contact Candace Johnson at 360-854-2803 or candace.johnson@dnr.wa.gov.



Mark Mauren
Assistant Division Manager
Asset Management and Recreation Division
Washington State Department of Natural Resources
PO Box 47014
Olympia, WA 98504-7014
360-902-1047

Recent Developments in the RCO NOVA Program & anticipated effects on the Naches District as of May 5, 2009
.
NOVA Program Status:
The NOVA program has not been funded by the Washington State legislature for the 2009-2010 biennium. The next time to apply for NOVA grants will be in the spring of 2011, and if we were successful, those funds will be available for use in 2012.
At this time, agreements that have been signed will be funded for all years of the agreement. We will have funding for:
An OHV program in 2009
Developed Campground/Dispersed Site Maintenance in 2009
Motorized trail crew maintenance in both 2009 and 2010
Backcountry trail crew maintenance in 2009 and 2010
There will not be NOVA funding for:
OHV Enforcement in 2010 or 2011
Developed campground/dispersed site maintenance in 2010 or 11
Motorized trail crew maintenance in 2011
Backcountry trail crew maintenance in 2011
RTF Program Status:
Grant applications were due on April 1st of this year. There are currently $3.3 million dollars in requests and less than $1.8 million dollars available. RCO will allow us to move NOVA applications in to the RTF program to compete for funding if they meet the guidelines.
Current applications into the RTF Program:
Winter Ski/Snowshoe Trails M&O
Snowmobile Education Rangers
Current NOVA grant applications that we can move into the RTF program include:
- OHV E&E Rangers - Instead of requesting $171,782 from RCO
for Enforcement and Education for 2010 and 2011 we are limited
to requesting $ 10,000 (for one year) for education purposes only.
AT this time, RTF funds have not been reappropriated from the federal government, and aren't expected until November 2009. .
The following NOVA applications will be tabled as they don't meet the RTF program guidelines. We'll continue to seek other funding as opportunities arise.
Developed and Dispersed Site Maintenance
Deep Creek Horse Camp Planning
** Expected loss of 26 positions - 8 positions in 2010 (Developed Recreation/OHV) and another 18 in 2011 (front country and backcountry maintenance).

From: Jones, Steve
Sent: Monday, May 11, 2009 10:35 AM
To: Wills, Mike; May, Jeri
Cc: Delvin, Sen. Jerome; Hovde, Maria
Subject: NOVA Account information



This e-mail is in response to your inquiry regarding the Legislature’s action in the 2009-2011 Operating Budget to appropriate moneys from the Nonhighway and Off-Road Vehicle Activities Program Account (known as the NOVA Account, fund number 268). These moneys were appropriated to the State Parks and Recreation Commission for the purposes of operating and maintaining state parks, and improving access for boaters and off-road vehicles.



The use of this money, and the manner in which the appropriation was made, is consistent with all state law and the state Constitution. There is no constitutional violation.



To permit this appropriation, the Legislature amended the statute governing the NOVA Account, RCW 46.09.170. This amendment appears in section 944 of Engrossed Substitute House Bill 1244 (the 2009-2011 Operating Budget). The relevant portion of this section reads as follows (new language is underlined):



(4) During the ((2007-09)) 2009-2011 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the NOVA account to the department of natural resources ((for planning and designing)) to install consistent off-road vehicle signage at department-managed recreation sites, and ((for planning)) to implement the recreation opportunities on department-managed lands in the Reiter block and Ahtanum state forest, and to the state parks and recreation commission for maintenance and operation of parks and to improve accessibility for boaters and off-road vehicle users.



The appropriation to the State Parks and Recreation Commission appears in section 303 of the same bill, which can be found at:

http://wsldocs/2009-10/Pdf/Bills/House% ... 4-S.PL.pdf



The constitutional authority of the Legislature to use the state Operating budget to make amendments to the Revised Code of Washington (RCW), where the amendment relates to state fiscal issues, has been upheld by the state Supreme Court in the 2003 case Retired Public Employees Council of Wash. v. Charles, 148 Wn.2d 602.



I hope this information is responsive to your inquiry. Please let me know if you need any additional information.





Steve Jones, Senior Fiscal Counsel
Senate Ways & Means Committee
300 Cherberg Building
Olympia WA 98504-0483
(360) 786-7440
jones_st@leg.wa.gov

"Steve Jones, Senior Fiscal Counsel
Senate Ways & Means Committee "

So let me see if I have got this straight.... the head lawyer in charge of legalities when it comes to money for the State says it's OKAY?? Mmm Hmm

Isn't like a cop telling you it is ok for him to give you a bad ticket?
_____________________________________________


Interesting, It makes it sound like they didnt steal anything just allowed some of the money to be used for state parks to make them more ORV accesanble.


Hmmm, I called the state dept of revenue this morning and told them I was using their money to give more to the unemployment dept since they seem to have a more urgent need. I wonder how far that will go
__________________


The above are from two of the gang on the PNW site

Pursuant to the Washington State Constitution, Article I, Section 40 the fuel tax collected must be used for highway purposes or refunded.


To comply, the State must do one of the following:

1. Use the money for State roads
2. Not collect the taxes and fees collected
3. Refund the taxes and fees


In 1972 the offroad vehicle community supported passage of legislation that waived their right to a direct refund in exchanged for having those same funds put into a dedicated account to promote and protect their sport.


That dedicated fund has now been redirected to neither the refundees or State DOT to be spent exclusively on roads. It went to State parks instead.

Hope that helps,
Tod

Sen. Delvin:



In my previous e-mail, I addressed the constitutional validity of the 2009 legislative amendment (in the budget bill) to RCW 46.09.170, authorizing the use of NOVA moneys for the state park system. Since that e-mail, I have received (both through your office, and directly from several constituents) correspondence suggesting that the overall refund scheme in RCW 46.09.170 is constitutionally invalid under Article II, section 40 of the state Constitution because the state Constitution requires the fuel tax to be either (1) used for highway purposes or (2) refunded to the nonhighway users.



This issue was directly addressed by the Washington Court of Appeals in the 2005 case Northwest Motorcycle a$$'n v. Interagency Comm. for Outdoor Recreation, 127 Wn. App. 408. (The Washington Supreme Court declined to accept an appeal of the case in January 2006.)



In brief, the Court of Appeals held that the Legislature’s use of the refund money was within the Legislature’s general powers of taxation. Here is the relevant discussion from the court’s decision upholding the statute’s constitutionality:



At the time of the enactment of article II, section 40, Washington statutes already authorized refunds for nonhighway use of fuel. These refunds generally applied to all internal combustion vehicles that were not motor vehicles licensed to be operated on the public highways. According to statistics compiled in an IAC-sponsored survey involving 7,252 Washington vehicle owners, over 25 million gallons of gasoline were used in 2002 to travel on nonhighway roads (including back roads and off-road trails). Direct refunds to those who purchased gasoline for these nonhighway road trips is not practical due to the number of recipients and the difficulty in providing proof of the nonhighway use. Consequently, the legislature directed that one percent of the total gasoline excise taxes, representing nonhighway use of gasoline, would be refunded annually to a program that would benefit the nonhighway travelers who purchased the gasoline. The benefit comes in the form of ORV, nonmotorized, and nonhighway recreational uses.

This is a legislative policy, so our task is simply to determine if RCW 46.09.170 is constitutional. Giving the appropriate deference, we conclude that an annual one percent withdrawal from the motor vehicle fund (an estimate of the taxes paid for nonhighway gasoline use) falls within the refund authorized by article II, section 40. The legislature's disbursal of that refund through NOVA for the benefit of the affected taxpayers comes within its plenary powers of taxation. We find nothing in article II, section 40 that specifically prohibits the legislature from disbursing the "refund" as it sees fit. RCW 46.09.170 is then constitutional. We affirm the summary dismissal of Northwest Motorcycle Association's challenge to this legislative scheme.



Please let me know if I can provide any additional assistance on this issue.





Steve Jones, Senior Fiscal Counsel
Senate Ways & Means Committee
300 Cherberg Building

Lawsuit Update

May 8, 2009


THE LEGISLATURE HAS STOLEN YOUR OHV FUNDS AND GAVE THEM TO STATE PARKS INSTEAD

When the Washington State Legislature passed budget bill HB1244 this spring, they took all of your Nonhighway and Offroad Vehicle Activities (NOVA) funds and gave them Washington State Parks. That is nearly 10 million dollars of your gas tax and ORV license tab money gone, leaving nothing for offroad vehicle recreation for the next two years. State Parks will not be spending your money on motorized recreation.

The NMA has hired expert attorney James Buchal to assist us in seeking to stop this theft in the courts. Unfortunately, efforts such as this do not come cheap. Throughout the year and whenever possible the NMA accomplishes as much as possible using volunteers, but this case requires that we hire a professional if we hope to succeed. To that end, we need your help. Please consider donating to the NMA legal fund. Every bit helps!

++++++++

I will provide improved updates as soon as we can announce the specifics.

thanks
Tod

Please consider supporting the NMA Lawsuit by making a donation


The NMA is dedicated to the preservation of off-road motorcycling.



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_____________________________________________________________

Note - I'm glad to see someone get after this, but their fucus is a bit narrow. Wheelers still need to be a part of the effoert. May want to check on becoming part of the suit.

Got this one today, he states in the first papagraph that they appropriated a "Portion" of the NOVA funds. My understanding is they cleaned it out.


Len,
Thanks for the email. In the final operating budget that we passed, we appropriated a portion of the NOVA account money to the Parks and Recreation Commission ($9.802 million) and Recreation and Conservation Funding Board ($1.062 million) to support the maintenance and operation of parks and to improve accessibility for boaters and ORV users. This is for the 2009-11 biennium only. Here is language from the budget bill (Section 944):

(4) During the 2009-2011 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the NOVA account to...the state parks and recreation commission for maintenance and operation of parks and to improve accessibility for boaters and off-road vehicle users. This appropriation is not required to follow the specific distribution specified in subsection (2) of this section.

Generally, these funds are spent in the Capital Budget. The NOVA funds are not 18th amendment funds – they are not gas tax dollars which are restricted by the 18th amendment. The 18th amendment refers to on-road gas tax. Off-road uses of gasoline are not subject to the tax, so it’s refunded, and some portion of what’s not refunded (because people don’t claim it) gets used for NOVA.
The Legislature has adjourned for the year and the Operating Budget has been delivered to the Governor for her signature into law. At this point, the Legislature cannot make changes to the budget. If you are still concerned with the NOVA funding allocation, I would recommend you write the governor requesting she veto that portion of the budget.

State Representative Sam Hunt
Democrat--22nd District
Olympia, Lacey, Tumwater, Cooper Point, Johnson Point, Boston Harbor, and Northern Thurston County
438-B Legislative Building
Olympia, WA 98504-0600
(360) 786-7992
http://www.housedemocrats.wa.gov/members/hunt/
Committees:
Chair, State Government and Tribal Affairs
Ways & Means
Education
_____________________________________________________________

From Len (Duck Dodgers) on PNW.

Saturday, May 16, 2009 1:16 PM PDT

--------------------------------------------------------------------------------Daily Record.

State budget crunch hits trail users


By MARY SWIFT
staff writer

CLE ELUM — Traveling trails in the Cle Elum Ranger District is likely to get a little rougher this summer and in the following two years — but not because the ranger district wants it that way.

The state funding crisis will cost the district most of the money it receives for summer trail maintenance, education and enforcement, Trails, Wilderness and ORV Manager Tim Foss said.

That’s because money from a grant funding source called the Non-Highway and Off-Road Vehicle Account (NOVA) has been transferred to the state general fund and will be used to keep state parks open.

The money comes from a portion of the gas tax and off-road-vehicle registration. The state accepts applications from cities, counties, non-profit groups and federal agencies to spend the money on outdoor recreation.

“Many Forest Service Ranger Districts, including Cle Elum, have gotten a substantial portion of our funding from NOVA,â€

Found This Interesting:

NOVA Program Resources

The Nonhighway & Offroad Activities (NOVA) program was created in the mid-1970's to provide funding assistance to local and state agencies for the planning, acquisition, development and management of land and facilities for ATV use.

The biggest problem today is that NOVA funds are under attack by groups such as the Washington Trails Association (WTA). The WTA is working hard to get NOVA funds taken away and be used for non-ATV purposes. This is clearly against the NOVA goals.

To help you understand the history, intent and attacks against the NOVA program and funding, we've centralized some key documents.

Resources

NOVA History (PDF)

A short, easy to comprehend timeline of the NOVA program with recent (early 2009) facts and updates.

Guidelines For All-Terrain Vehicle Funds (PDF)

The original guidelines document prepared in 1973 by the Interagency Committee for Outdoor Recreation (IAC). This clearly states the goal and purpose of ATV funds.

NOVA Fuel Use Study Agreement (PDF)

Written in July 2000, this recommendation to the IAC shows support for a fuel use study by the IAC under specific conditions. The intent was to make sure a new fuel use study would be fairly conducted to meet the needs of all six user groups represented on the IAC-NOVA committee.

This agreement was approved by 5 of the 6 groups (ATV, Equestrian, Four Wheel Drive, Mountain Bicyclists and ORV/Motorcycle). The Hiker group, represented by the WTA, was the only group not approving the agreement.

2001 Legislative Position Paper (PDF)

A formal request to the legislature to stop moving forward with a new NOVA fuel use study and other redistribution of NOVA funds.

This request was made because the WTA specifically requested a new fuel use study, clearly in an attempt to divert NOVA funds away from their rightful use. With the exception of the WTA and the hiking community, there is absolutely no support from the rest of the trail users to pursue a new fuel use study using existing NOVA funds.

This paper was signed by 5 of the 6 NOVA representative groups. Again, the Hiker group, represented by the WTA, was the only group not signing this paper.

Editorial Cartoon (GIF)

A representation of the attacks against NOVA funds and its supportive user groups.

I want to know who's knob got polished to get these drones on the NOVA Committee How do they get off having a say in my form of recreation I want on their State Committee

3:00 yesterday was signing time. I don't have my paper yet....

Section 944 of the budget was not vetoed