Paul that's their goal. Leave us so confused that walk away and go duuuuuu.
Alex sorry if i sounded like a butt head but you are missing the point. Everyone that is on here bitching and blaming needs to write letters and call the people that are doing this to us. Bitching at each other does nothing.

I called the Gov office and her assistant spoke to me for some time about this. And like Paul I was confused but finally got her to admit that our government did an end around by saying they are really putting this money into parks and recreation which I guess is legal, but then they steal it. Which is legal????

Aaron that response letter you got makes no referance to the ORV tab money that is dedicated to one purpose.

Everyone keep sending letters to Legislators and the Governor.

For Immediate Release: March 24, 2004
Contact: Tom Uniack (206) 633-1992 ext. 102

Governor Signs Consensus Compromise on Trail Funding

New law balances trail funding between motorized and non motorized users

Olympia - At 2:00 pm today, Governor Gary Locke signed into law (HB 2489) a bill that would, for the first time in thirty years, balance distributions of gas tax revenues earmarked for trail funding between motorized and non-motorized users.

Previously motorized uses received 80% of trail funding from the State's Non-Highway Off-Road Vehicle Activities (NOVA) program, despite contributing only 20% of the revenues. This legislation codifies consensus recommendations for the State's NOVA program determined last year by a panel of representative stakeholders. The new law reallocates NOVA funds so that:

- 30 percent will go to non-motorized recreation, such as hiking, biking and equestrian use
- 30 percent will go to general recreation facilities, such as campgrounds, toilets and scenic turnouts
- 30 percent will go to go to motorized recreation, such as dirt bikes and 4x4s - 10 percent will be competitive to all three categories.

The Bill's prime sponsor in the House was Representative Mike Cooper (D-Edmonds). The Senate version's prime sponsor was Senator Bob Oke (R-Port Orchard).

"This legislation is a victory for all of those who use our incredible system of public lands here in Washington State. The State Legislature and Governor should be commended for embracing a fact-based solution to such a long standing and controversial issue." said Tom Uniack, Conservation Director for the Washington Wilderness Coalition. As a member of the Fair Trails Coalition, WWC has worked to support an equitable redistribution of NOVA funds for non-motorized trail maintenance and other projects.

The state Non-Highway Off-Road Vehicle Activities (NOVA) program was created in 1973 to finance motorized and non-motorized recreation facilities. Today the fund is one of the largest direct sources of trail funding in Washington State providing about $5 million each year. The program is funded by gas tax revenue generated on non-highway roads (Forest Service and National Park roads) and motorized trails.

In 2002, the State Legislature commissioned a NOVA Fuel Use Study conducted by an independent research firm. The study found that, of funds that flow into the NOVA program 50% comes from people driving on Forest Service and National Park roads to camp, fish, hunt, berry pick, birdwatch, and participate in other non-motorized activities. Another 30% comes from people hiking, mountain biking, and horseback riding and goat packing. An additional 20% comes from people riding dirt bikers, quad riders and off-road vehicles

2004, This is alocated by state law that NOVA is to get 30% funding. This is a Law!!There is no provision to allow diversion of said funds. These are designated Funds placed by law makers. So taking NOVA funds is against State Constitution.

This message has been edited. Last edited by: motodad642,

So that was a Democrat governor that did that

Sorry couldn't resist!

LOL Paul, but you need to see the supporters of this bill. They are the same people that are shutting down millions of acres to ORV and privet lands to off road use. But I do agree that it is a fair distrubution of funding for proper maintenance of our forest lands. I do think that we all can exsist working together with some open communication. But as of now we are fighting each other and that hurts any chance of compromise to share our forests. A journey starts with a first step. We all need to educate ourselfs with problems caused buy trail use on both ends and work together to solve them. I know it sounds far fetched but I have had some great conversations with people on the opposition and most of the problem is caused by missinformation.

Here is another response

Paul,



The relevant section of the Washington State Constitution can be found below:



SECTION 40 HIGHWAY FUNDS. All fees collected by the State of Washington as license fees for motor vehicles and all excise taxes collected by the State of Washington on the sale, distribution or use of motor vehicle fuel and all other state revenue intended to be used for highway purposes, shall be paid into the state treasury and placed in a special fund to be used exclusively for highway purposes. Such highway purposes shall be construed to include the following:
(a) The necessary operating, engineering and legal expenses connected with the administration of public highways, county roads and city streets;
(b) The construction, reconstruction, maintenance, repair, and betterment of public highways, county roads, bridges and city streets; including the cost and expense of (1) acquisition of rights-of-way, (2) installing, maintaining and operating traffic signs and signal lights, (3) policing by the state of public highways, (4) operation of movable span bridges, (5) operation of ferries which are a part of any public highway, county road, or city street;
(c) The payment or refunding of any obligation of the State of Washington, or any political subdivision thereof, for which any of the revenues described in section 1 may have been legally pledged prior to the effective date of this act;
(d) Refunds authorized by law for taxes paid on motor vehicle fuels;
(e) The cost of collection of any revenues described in this section:
Provided, That this section shall not be construed to include revenue from general or special taxes or excises not levied primarily for highway purposes, or apply to vehicle operator's license fees or any excise tax imposed on motor vehicles or the use thereof in lieu of a property tax thereon, or fees for certificates of ownership of motor vehicles.



While I am not a constitutional scholar, by my reading, the Nonhighway and Off-road Vehicle Activities program appears to fall outside of the scope of the section listed above. Funding for this program comes from off-road vehicle permits and a portion of the state gas tax paid by users of off-road vehicles and non-highway roads (roads not supported by state fuel taxes). Funding is divided among categories by formulas established in statute.



If your reading of section 40 differs from mine, please write me back and we can continue this dialogue. I look forward to hearing from you.



Sincerely,





Bruce Dammeier

Representative

25th Legislative District

Washington State House


How do I reply?

Look at the 2004 HB 2489. This states that the momnies that are allocated for the off road funding at the rate of 30%. That is a state law. This is an allocation of tax monies. That is under the State constitution that tax monies that are allocated by law are to be designated solely to that allocation. You cant take money allocated to say Medic One and fund another program that is not part of Medic One.

quote:

Funding for this program comes from off-road vehicle permits and a portion of the state gas tax paid by users of off-road vehicles and non-highway roads (roads not supported by state fuel taxes). Funding is divided among categories by formulas established in statute.

This also states that it is funded by designated funding that is also shared by non motorized programs. Key word FUNDED.. that is a allocated tax for these specific programs.

OK, I'm going to play devils advocate here so I understand. Reading the HB2489 it gives the distribution of the NOVA funds, that I can understand. I do not see where it gaurantees the NOVA monies or how they come about? Where does it say that x dollars are allocated to NOVA and these allocations are put in by state law?

Policy Position Paper: Nonhighway and Off-road Vehicle Activities ... http://documents.clubexpress.c...io%2FPum3JnllkJkg%3D here is the history of how NOVA came to be and the laws that have been placed.

There is no set amout of monies allocated. It depends on the income generated from the dedicated taxes. That is the point that they want to use to say that the monies are avaiable to them to do what they please. But the law states that 1% of this tax money is to be divided up with other programs with the ORV funds to get 30% of that total. This is clear that it is a tax with a specific purpose in place by law. Also they state that we gave up our State Constitution for a refund. That is a refund not funding for the TAX placed for the funding for ORV. They believe that this is a loop hole but in reality no matter how it is discribed, it is a TAX and it has a specific designation. Otherwise it would be taxation without representation.You just cant tax the people and say "for now we are going to use this money for this or that and later use it for whatever we want." That is against the law.

How active is the Blue Ribbon coalition on this?

Paul thanks for putting those responses on here.

I sent my letters to at least 15 democrats and have received no response.

quote:

Also they state that we gave up our State Constitution for a refund. That is a refund not funding for the TAX

The refund that is refured to is the rights that we waved for us to get our money back for the 3 years they took the funding for ORV.

Tomorrow May 9th at straddleline is the gathering of all our programs that fight keep or DNR and ORV lands open. This is YOUR chance to get informed of the fight we are faceing throughout the country. I am amazed how few people are informed about the attacks on our RIGHT to ride. I truly hope that you spread the word and come out to Straddleline in force and support all the active groups giving up their time to save your rights. I think you all will be stuned at how many attacks we are faceing and the support they have. This is going to be the year that they are going to attempt to gain a huge chunk of our funding, lands, and laws that will remove any RIGHTS that we have fought for and bury them into law that we will never be able to get back. Let people know, spread the word, show support to those who work night and day to keep our lands and enforce our RIGHTS.

I just got off the phone with Jim Fox the assistant to the Driector of IAC which is the agency that handles NOVA funds. The legislature "raided" (Mr. Fox's Word) the NOVA money and place it where the Governor won't be able to veto the thieft of that money. They also did this "raiding" with boaters and I believe 15 other areas of "raidings" took place.

I would encourage every single dirt bike rider, 4x4 and quad rider to: DO NOT PURCHASE ANY ORV TAGS FOR 2 YEARS. Also everyone riding off-road must request a refund for all the fuel you use off-road. It's about 58 cents a gallon. I believe the State must refund this money. This will be a nightmare for them.

Why doesn't the Blue Ribbon Coalition file a lawsuit? Are they not the off road communities political voice?

quote:

Originally posted by ted:
Also everyone riding off-road must request a refund for all the fuel you use off-road. It's about 58 cents a gallon. I believe the State must refund this money. This will be a nightmare for them.

How would one go about doing that????

I agree Paul. Better yet. Where is the AMA on this one???

quote:

Originally posted by Paul 061:
Why doesn't the Blue Ribbon Coalition file a lawsuit? Are they not the off road communities political voice?

I agree Paul. Better yet. Where is the AMA on this one???

Both those are National organizations. WOVA is local. The funding for WOVA to pursue the investigation is from local people signing up and donating. Go to the WOVA web site, email them and ask how much Blue Ribbon and the AMA support them in this, and other related issues.
We need people to get involved, do as much as they can to help out. Take five minutes and send emails, contact reps, state you concerns, find out what you can do. Just a little help from all of us will become a huge voice. 5 minutes is all that is needed.