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View Full Version : NC Sate Bill to allow CYCLISTS to use ANY State Owned Land


bizutch
05-04-2007, 12:07 PM
Here is the initial info on it courtesy of TriangleMTB and a few
lobbyists apparently are MTB'ers on there:
http://trianglemtb.com/yabbse/index.php?topic=8952.0

Here is a copy of the initial bill:

http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S1383v0.html

And here is the text copied and pasted for those with attention spans
like mine. I recommend reading the forum as there are several other
valuable pieces of info on how to contribute your voice and opinion,
particularly to the senator introducing the bill...and your OWN!!!

Apparently, this is coming up NEXT WEEK!!! Text is as follows:


"GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S

D

SENATE DRS75294-MA-271 (3/15)













Short Title: Allow Cyclists to Use Public Lands.
(Public)

Sponsors:
Senator Jenkins.

Referred to:








A BILL TO BE ENTITLED

AN ACT to require any agency of this state, or any other entity, that
has purchased land with state funds to allow access to bicyclists for
the purpose of cycling; provided however, that such use of the land
is not prohibited by another state law, a federal law, or the use of
bicycles in a particular area would be detrimental to the cyclist,
other individuals, or the environment.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 20 of the General Statutes is amended by adding a
new section to read:

"§ 20‑171.3. Land available for bicycling.

(a) Any land held in fee simple by this State, any agency of
this State, or any land purchased with funds provided by this State,
shall be open and available for use by bicyclists. There is no
requirement under this section that any special trails, paths, or
other accommodations be created, maintained, or made available to any
user of the land for cycling purposes.

(b) Any land made open and available for bicyclist use by
subsection (a) of this section may be restricted or removed from use
if it is determined by the State, an agency of the State, or the
holder of land purchased with State funds, that such use would
constitute a hazard to the health and welfare of the cyclist, any
other individual, or the environment, or that such use would violate
another State law or a federal law. The duty is on the State, an
agency of the State, or the holder of land purchased with State funds
to show cause why the lands should not be open for use by bicyclists.
The Division of Bicycle and Pedestrian Transportation, of the
Department of Transportation, shall keep a record of all such lands
made open and available for use, by bicyclists, by this section and
publish the information to the public upon request.

(c) Any person operating a bicycle, as defined under this Part,
on land made open and available for use by bicyclists under
subsection (a) of this section shall wear a protective bicycle helmet
securely fastened upon the head with the straps of the helmet. The
operation of a bicycle on land made open and available by subsection
(a) of this section shall only occur between the hours of 8:00 A.M.
to 5:00 P.M. A violation of this subsection is an infraction
punishable by a fine of one hundred dollars ($100.00)."

SECTION 2. This act becomes effective January 1, 2008. Upon passage
of this act and prior to its effective date, the State, an agency of
this State, or a holder of land purchased with State funds, shall
determine if the land should be restricted or removed from
availability and use and provide to, in writing, the Division of
Bicycle and Pedestrian Transportation any reasons to support the
decision.

shifty S
05-05-2007, 12:10 AM
hell yes. i'll be hitting up mr shuler on monday.

bizutch
05-09-2007, 11:46 AM
This just in off the SORBA wire. Anybody else following this on other forums? If not, post it please:
FYI, Quote from Stewart Bryan, TORC (SORBA Chapter), who was present to
represent us.


S1383 passed with a favorable review through the first committee hurdle
today.There were a couple of technical questions but no real opposition
voiced among the committee members.Doug and I were approached
afterwards by a rep from DENR and from Sierra Club.The DENR guy seems
reasonable and I think we can work on the details a bit with him but
not unexpectedly the Sierra Club woman seemed be firmly anti bike.
Unfortunately they can wield a lot of influence so when the time is
right and we ask for you to contact your representatives we will need
to really respond big.Doug will keep a watch on this in the legislature
and we will work to tweak the language to address some of the
oppositions' concerns.

Thanks for your support and thanks for joining TORC - strong membership
numbers make a huge difference in getting doors to open!

DRB
06-21-2007, 12:56 PM
It appears that this made it out of the Senate and has been referred to the house for action...
http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S1383v2.html

A few changes mainly around hunting and WRC stuff.

The people to contact would be the members of the House Judiciary I committee. http://www.ncleg.net/gascripts/Committees/Committees.asp?sAction=ViewCommittee&sActionDetails=House%20Standing_29

Unsure of the time table but they are in session right now.

psychobiker
06-21-2007, 02:57 PM
nice what up butch we had a good ride yesterday