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Sen. (blank) OR Rep. (Blank);

I am writing to you to voice my support (pending two amendments being added) for SB3764 / HB 3339 by Senator Tracy and Representative Matheny. This is in lieu of my participation in the Tennessee Recreation Plan. I and others have been working on this since 1994. SB3764 switches the OHV managing agency from TWRA to TDEC. The Off Highway Vehicle Act was passed by both legislative bodies and signed by the Governor in 2003 and enacted in 2004 (TCA Title 70, Chapter 9). Its premise was to create a statewide system of sustainable OHV trails which according to the Tennessee Recreation Plan, is a High Priority across the state of Tennessee. We are losing OHV riding areas everyday it seems, and I feel that the original Act's premise is not being addressed in its current home at TWRA. After reading the Tennessee State Recreation plan, I feel that TDEC is better suited to create a statewide OHV program that was overwhelmingly mandated by our state legislative and executive bodies. I would like you to support this bill and sign on as a co-sponsor pending the corrections outlined below. I see two critical errors in the bill that I would like your assistance to correct in committee which are as follows:

First the definition needs to be corrected in Section 5 (3). It needs to be changed to ensure that Four Wheel Drive Jeeps and Trucks that will be used for recreational purposes are included in the bill. Here is the wording I would like to have in this Section: “Off-highway vehicle” or “OHV” means any off-road motorcycles, three or four-wheel all-terrain vehicles, four wheel drive motor vehicles intended by the user or owner to be used in recreational pursuits, or dune buggies.  The qualifying language “intended by the user or owner to be used in recreational pursuits” will limit the affect of the act by avoiding a broad definition of all 4x4 vehicles in the state. This will clarify the original language where it could have been misconstrued that "four wheel all terrain vehicle" means ATV's only.

Second Section 9 (c) must be deleted from this bill. This clause is too harsh and gives the state too much power by allowing the seizure and impoundment of a citizens property. The fine in Section 9 (d) is more than appropriate for this bill.

With the two changes above I would like you to support this bill. Thank you for your consideration in this matter and I look forward to your response.

Sincerely,

(put your name here)