Ca - urgent!!!

[LYIN' KING]

For those of you who get this email, please make 2 phone calls TODAY.

There is a proposal that will be voted on today in Sacramento that will "SAVE STATE PARKS". That sounds great doesn't it? Well yes, EXCEPT the proposal TAKES $21million out of our OHV "Trust Fund" and gives it to State Parks.

If this is successful then the effect will be that all the State OHV funding for areas like CC Camp, Cow Mountain, Stonyford, Georgetown, Foresthill, Shasta-Chappie, Metcalf, pretty much all BLM and Forest Service OHV areas will be eliminated.

There are 3 Senators who have to vote today on this proposal for it to move forward to the next level. We need 2 NO votes to stop the theft of our OHV $$.

The good news is that we have 1 NO vote.

We need to tell the other 2 Senators to vote NO and keep their hands off of our OHV Trust Fund.

Call Senator Joe Simitian's office at 916-651-4011
Call Senator Alan Lowenthal's office at 916-651-4027

1. Be polite. The people that answer these phone calls are office staff and are not the decision makers. They will pass the message on.

2. The general message is "OHV Trust Fund money is for OHV recreation, it is not for State Parks to use. Vote NO on the SAVE STATE PARKS proposal."

3. Ask that they pass your message on to the Senator before the hearing today.

If you have a couple of more minutes and live in the general Santa Rosa area, Senator Noreen Evans is probably your representative. Call her office at 916-651-4002 and tell her staff the same thing. She is also a supporter of this plan.

You can watch the hearing today at 2:30 at this link. mms://192.234.214.75/SEN-4203

Thank you for any effort you can put on this.

Visit our Action Center for more here: http://cal4wheel.com/action-center

[440-fide Ramcharger]

Done.

[LYIN' KING]

Originally Posted by 440-fide Ramcharger

Done.

Right on!

It's not too late folks, they carry cell phones and can be contacted by staffers right up to the vote.

This stuff never moves rapidly so there is still time!!!

[Reid Racing]

We made our phone calls today too.

[LYIN' KING]

The subcommittee will reconvene on May 23, presumably to vote on the matter. We will keep our special call alert set up until then to help OHV'ers call the Senators in question.

The link is http://cal4wheel.com/action-center

Download the full 'Sustainable Park Proposal' here. 'Problem #7' is the item in question: http://cal4wheel.com/access-download...parks-proposal

Thanks to all who made comments during the subcommittee meeting and to those who have already called the Senators.

Suzy Johnson
CA4WDC Webmaster

[LYIN' KING]

Here's some educational history from the dawn of man to 1996 which includes many of the changes in law, shows when the thieving started, how much was taken, how much was repaid and a few other little tid bits.

http://nohvcclibrary.forestry.uga.ed...LES/M-0031.pdf

Here is yet another opinion on the current theft which also includes some history that is well worth reading . . .

http://carnegiejournal.com/2012/03/0...hv-trust-fund/

[Reid Racing]

Your links are coming up broken....

[LYIN' KING]

Originally Posted by Reid Racing

Your links are coming up broken....

Thank you! I revised those above and they work for me. Sorry!!

[duneburner]

Wish I had read those links prior to having a HEATED discussion with Senator Simitian's Cheif of staff today. I still think i got my point across though.

[LYIN' KING]

Originally Posted by duneburner

Wish I had read those links prior to having a HEATED discussion with Senator Simitian's Cheif of staff today. I still think i got my point across though.

Yup, 41 years of OHMVR documented history is tough to argue with and so is the legal brief!

-41 years of self-funding and SVRAs
-40 years of fuel tax and SVRA fee transfer to the “fund”
-36 years of OHV fund mismanagement
-32 years of dedicated governance
-30 years of transferring OHV “Special Funds” to the “General Fund”, other “funds” or as loans/gifts
-30 years of broken repayment promises totaling over $55M in just the 14 year period dating from ’82- ’96

Then there is the simple one paragraph explanation from a well-respected Attorney why the “taking” is not legal.

A LEGAL MEMO

User generated revenue sources earmarked for deposit in the Off-Highway Motor Vehicle Recreation Trust Fund (OHV Trust Fund) – including off-highway vehicle registration fees, off-highway vehicular recreation facility use fees, and off-highway use fuel taxes – cannot be redirected to general fund purposes. California case law is very clear that trust fund revenues cannot be redirected to non-trust purposes including transferring those revenues to the general fund. In addition, such funds cannot be loaned to the General Fund if the loan will result in the Division of OHV Recreation from completing its mission as defined by the Public Resources Code.

We’ve hit and missed all around this matter but we’ve not had it laid out for us by a legal expert as the breakdown that follows the paragraph above does.

[Runzoff]

A LEGAL MEMO

User generated revenue sources earmarked for deposit in the Off-Highway Motor Vehicle Recreation Trust Fund (OHV Trust Fund) – including off-highway vehicle registration fees, off-highway vehicular recreation facility use fees, and off-highway use fuel taxes – cannot be redirected to general fund purposes. California case law is very clear that trust fund revenues cannot be redirected to non-trust purposes including transferring those revenues to the general fund. In addition, such funds cannot be loaned to the General Fund if the loan will result in the Division of OHV Recreation from completing its mission as defined by the Public Resources Code.

We’ve hit and missed all around this matter but we’ve not had it laid out for us by a legal expert as the breakdown that follows the paragraph above does.


Who wrote this??!!

[LYIN' KING]

Originally Posted by Runzoff

A LEGAL MEMO

User generated revenue sources earmarked for deposit in the Off-Highway Motor Vehicle Recreation Trust Fund (OHV Trust Fund) – including off-highway vehicle registration fees, off-highway vehicular recreation facility use fees, and off-highway use fuel taxes – cannot be redirected to general fund purposes. California case law is very clear that trust fund revenues cannot be redirected to non-trust purposes including transferring those revenues to the general fund. In addition, such funds cannot be loaned to the General Fund if the loan will result in the Division of OHV Recreation from completing its mission as defined by the Public Resources Code.

We’ve hit and missed all around this matter but we’ve not had it laid out for us by a legal expert as the breakdown that follows the paragraph above does.


Who wrote this??!!

An Attorney and avid dirt biker who lives and recreates in your area. I’m sorry but the name escapes me, try googling for it.