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February 2013
Special Legislative Update

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As many of you know, the DNR is misapplying the D-pass requirement of dual registered vehicles and saying that if you have a street plate then you must have a D-pass too. They are choosing to ignore the law that clearly says that the D-pass is only required if a street plate is required.

To aid the DNR in properly understanding the law, Senator Bailey has taken our proposed legislation and introduced it as Senate Bill SB5391 on Tuesday, January 29th. This bill is scheduled for public hearing in the Senate Committee on Natural Resources & Parks at 1:30 PM on Tuesday, February 5th (subject to change). Please submit your comments now!

It simply adds "vehicles with a valid offroad vehicle permit at locations where offroad vehicle activity is allowed" to the list of exempt vehicles.

Click for link to bill

As originally written, the Discover Pass legislation enacted in 2011 limited the requirement to motor vehicles required to be licensed for street use. The intent was to exempt offroad vehicle where offroad vehicle use is allowed because access to these areas is funded by the purchase of an offroad vehicle (ORV) use permit.

To require the purchase of a Discover Pass in addition to the ORV permit would be charging these vehicle owners twice for the exact same public land access.

This language seemed to be clear and understood by the applicable state agencies. Unfortunately there is confusion when it comes to vehicles that are dual registered as both street legal motor vehicles and offroad vehicles. Because these dual registered vehicle are not required to have street license plates while at ORV use areas, they are exempt from the Discover Pass requirements during that time.

Unfortunately the DNR is misapplying the requirement and claiming that any vehicle with a street license must have a Discover Pass regardless of whether or not the street license is required.

We have in good faith attempted to educate Commissioner Goldmark concerning this misapplication of the Discover Pass requirement, but have failed to cause him to change his agency's erroneous policy.

Hitting that impasse, we are left with no other choice than to seek legislative relief.

It was assigned to the Senate Natural Resources Committee and if you support it, please let them know.

Their email addresses:


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