HF 1547

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; regulating off-highway 
  1.3             vehicles; requiring rulemaking and modifying certain 
  1.4             rulemaking exemptions; modifying certain state trail 
  1.5             provisions; modifying designation of state forest 
  1.6             roads; modifying forest classification provisions; 
  1.7             requiring a study; providing civil penalties; 
  1.8             appropriating money; amending Minnesota Statutes 2004, 
  1.9             sections 84.775, subdivision 1; 84.780; 84.788, 
  1.10            subdivision 3; 84.789, by adding a subdivision; 
  1.11            84.791, subdivision 1; 84.798, subdivision 1; 84.925, 
  1.12            subdivision 1, by adding a subdivision; 84.9256, 
  1.13            subdivision 1; 84.9257; 84.926; 84.928, subdivisions 
  1.14            1, 2, 6; 85.015, subdivision 13; 89.19, subdivision 2; 
  1.15            Laws 2003, chapter 128, article 1, section 167, 
  1.16            subdivision 1; proposing coding for new law in 
  1.17            Minnesota Statutes, chapter 84; repealing Minnesota 
  1.18            Statutes 2004, section 84.901. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2004, section 84.775, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
  1.23  conservation officer or other licensed peace officer may issue a 
  1.24  civil citation to a person who operates: 
  1.25     (1) an off-highway motorcycle in violation of sections 
  1.26  84.773, subdivision 1 or 2, clause (1); 84.777; 84.788 to 
  1.27  84.795; or 84.90; 
  1.28     (2) an off-road vehicle in violation of sections 84.773, 
  1.29  subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or 
  1.30  84.90; or 
  1.31     (3) an all-terrain vehicle in violation of sections 84.773, 
  1.32  subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to 
  2.1   84.928.  
  2.2      (b) A civil citation under paragraph (a) shall require 
  2.3   restitution for public and private property damage and impose a 
  2.4   penalty of: 
  2.5      (1) $100 for the first offense; 
  2.6      (2) $200 for the second offense; and 
  2.7      (3) $500 for third and subsequent offenses. 
  2.8      (c) A conservation officer or other licensed peace officer 
  2.9   may issue a civil citation to a person who operates an 
  2.10  off-highway motorcycle, off-road vehicle, or all-terrain vehicle 
  2.11  in violation of section 84.773, subdivision 2, clause (2) or 
  2.12  (3).  A civil citation under this paragraph shall require 
  2.13  restitution for damage to wetlands and impose a penalty of:  
  2.14     (1) $100 for the first offense; 
  2.15     (2) $500 for the second offense; and 
  2.16     (3) $1,000 for third and subsequent offenses. 
  2.17     (d) If the peace officer determines that there is damage to 
  2.18  property requiring restitution, the commissioner must send a 
  2.19  written explanation of the extent of the damage and the cost of 
  2.20  the repair by first class mail to the address provided by the 
  2.21  person receiving the citation within 15 days of the date of the 
  2.22  citation. 
  2.23     Sec. 2.  Minnesota Statutes 2004, section 84.780, is 
  2.24  amended to read: 
  2.25     84.780 [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 
  2.26     (a) The off-highway vehicle damage account is created in 
  2.27  the natural resources fund.  Money in the off-highway vehicle 
  2.28  damage account is appropriated to the commissioner of natural 
  2.29  resources for: 
  2.30     (1) the repair or restoration of property damaged by the 
  2.31  operation of off-highway vehicles in an unpermitted area after 
  2.32  August 1, 2003,; 
  2.33     (2) the repair or restoration of driveways that have been 
  2.34  damaged from the legal operation of off-highway vehicles within 
  2.35  a public road right-of-way; and 
  2.36     for (3) the costs of administration for this section.  
  3.1      (b) Before the commissioner may make a payment from this 
  3.2   account, the commissioner must determine whether the damage to 
  3.3   the applicant's property was caused by the unpermitted use of 
  3.4   off-highway vehicles, that the applicant has made reasonable 
  3.5   efforts to identify the responsible individual and obtain 
  3.6   payment from the individual, and that the applicant has made 
  3.7   reasonable efforts to prevent reoccurrence.  By June 30, 2005, 
  3.8   the commissioner of finance must transfer the remaining balance 
  3.9   in the account to the off-highway motorcycle account under 
  3.10  section 84.794, the off-road vehicle account under section 
  3.11  84.803, and the all-terrain vehicle account under section 
  3.12  84.927.  The amount transferred to each account must be 
  3.13  proportionate to the amounts received in the damage account from 
  3.14  the relevant off-highway vehicle accounts or by the legal 
  3.15  operation of off-highway vehicles within a public road 
  3.16  right-of-way. 
  3.17     (b) (c) Determinations of the commissioner under this 
  3.18  section may be made by written order and are exempt from the 
  3.19  rulemaking provisions of chapter 14.  Section 14.386 does not 
  3.20  apply.  
  3.21     (c) This section expires July 1, 2005. 
  3.22     Sec. 3.  [84.781] [USE OF DEPARTMENT RESOURCES.] 
  3.23     The commissioner of natural resources may permit Department 
  3.24  of Natural Resources personnel and equipment from the Division 
  3.25  of Trails and Waterways to be used to assist local units of 
  3.26  government in developing and maintaining off-highway vehicle 
  3.27  grant-in-aid trails located on property owned by or under the 
  3.28  control of the local unit of government. 
  3.29     Sec. 4.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
  3.30  CONSERVATION GRANT PROGRAM.] 
  3.31     Subdivision 1.  [CREATION.] The commissioner of natural 
  3.32  resources shall establish an off-highway vehicle safety and 
  3.33  conservation grant program to award grants to organizations that 
  3.34  meet the eligibility requirements under subdivision 3. 
  3.35     Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
  3.36  safety and conservation grant program is to encourage 
  4.1   off-highway vehicle clubs to assist in safety and environmental 
  4.2   education and in improving, maintaining, and monitoring trails 
  4.3   on state forest land and other public lands. 
  4.4      Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
  4.5   this section, an organization must: 
  4.6      (1) be a statewide Minnesota organization that has been in 
  4.7   existence at least five years and that promotes the operation of 
  4.8   off-highway vehicles in a manner that is safe, responsible, and 
  4.9   does not harm the environment; 
  4.10     (2) promote the operation of off-highway vehicles in a 
  4.11  manner that does not conflict with the laws and rules that 
  4.12  relate to the operation of off-highway vehicles; 
  4.13     (3) have an interest limited to the operation of motorized 
  4.14  vehicles on motorized trails and other designated areas; 
  4.15     (4) have a board of directors that has 80 percent of its 
  4.16  members who are representatives of all-terrain vehicle clubs, 
  4.17  off-highway motorcycle clubs, or off-road vehicle clubs; and 
  4.18     (5) provide support to off-highway vehicle clubs. 
  4.19     Subd. 4.  [USE OF GRANTS.] An organization receiving a 
  4.20  grant under this section shall use the grant money to promote 
  4.21  and provide support to the Department of Natural Resources by: 
  4.22     (1) encouraging off-highway vehicle clubs to assist in 
  4.23  improving, maintaining, and monitoring trails on state forest 
  4.24  land and other public lands; 
  4.25     (2) providing assistance to the department in locating, 
  4.26  recruiting, and training instructors; 
  4.27     (3) assisting the commissioner and the director of tourism 
  4.28  in creating an outreach program to inform local communities of 
  4.29  appropriate off-highway vehicle use in their communities and of 
  4.30  the economic benefits and costs that may be attributed to 
  4.31  promoting tourism to attract off-highway vehicles; 
  4.32     (4) publishing a manual in cooperation with the 
  4.33  commissioner that will be used to train volunteers in monitoring 
  4.34  the operation of off-highway vehicles for safety, environmental, 
  4.35  and other issues that relate to the responsible operation of 
  4.36  off-highway vehicles; and 
  5.1      (5) collecting data on the operation of off-highway 
  5.2   vehicles in the state. 
  5.3      Sec. 5.  Minnesota Statutes 2004, section 84.788, 
  5.4   subdivision 3, is amended to read: 
  5.5      Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  5.6   for registration or continued registration must be made to the 
  5.7   commissioner or an authorized deputy registrar of motor vehicles 
  5.8   in a form prescribed by the commissioner.  The form must state 
  5.9   the name and address of every owner of the off-highway 
  5.10  motorcycle. 
  5.11     (b) A person who purchases from a retail dealer an 
  5.12  off-highway motorcycle shall make application for registration 
  5.13  to the dealer at the point of sale.  The dealer shall issue a 
  5.14  temporary ten-day registration permit to each purchaser who 
  5.15  applies to the dealer for registration.  The dealer shall submit 
  5.16  the completed registration applications and fees to the deputy 
  5.17  registrar at least once each week.  No fee may be charged by a 
  5.18  dealer to a purchaser for providing the temporary permit. 
  5.19     (c) Upon receipt of the application and the appropriate 
  5.20  fee, the commissioner or deputy registrar shall issue to the 
  5.21  applicant, or provide to the dealer, a 60-day temporary receipt 
  5.22  and shall assign a registration number that must be affixed to 
  5.23  the motorcycle in a manner prescribed by the commissioner 
  5.24  according to paragraph (f).  A dealer subject to paragraph (b) 
  5.25  shall provide the registration materials and temporary receipt 
  5.26  to the purchaser within the ten-day temporary permit period. 
  5.27     (d) The commissioner shall develop a registration system to 
  5.28  register vehicles under this section.  A deputy registrar of 
  5.29  motor vehicles acting under section 168.33, is also a deputy 
  5.30  registrar of off-highway motorcycles.  The commissioner of 
  5.31  natural resources in agreement with the commissioner of public 
  5.32  safety may prescribe the accounting and procedural requirements 
  5.33  necessary to ensure efficient handling of registrations and 
  5.34  registration fees.  Deputy registrars shall strictly comply with 
  5.35  the accounting and procedural requirements.  
  5.36     (e) In addition to other fees prescribed by law, a filing 
  6.1   fee of $4.50 is charged for each off-highway motorcycle 
  6.2   registration renewal, duplicate or replacement registration 
  6.3   card, and replacement decal and a filing fee of $7 is charged 
  6.4   for each off-highway motorcycle registration and registration 
  6.5   transfer issued by: 
  6.6      (1) a deputy registrar and must be deposited in the 
  6.7   treasury of the jurisdiction where the deputy is appointed, or 
  6.8   kept if the deputy is not a public official; or 
  6.9      (2) the commissioner and must be deposited in the state 
  6.10  treasury and credited to the off-highway motorcycle account. 
  6.11     (f) Unless exempted in paragraph (g), the owner of an 
  6.12  off-highway motorcycle must display a registration decal issued 
  6.13  by the commissioner.  If the motorcycle is licensed as a motor 
  6.14  vehicle, a registration decal must be affixed on the upper left 
  6.15  corner of the rear license plate.  If the motorcycle is not 
  6.16  licensed as a motor vehicle, the decal must be attached on the 
  6.17  side of the motorcycle and may be attached to the fork tube.  
  6.18  The decal must be attached in a manner so that it is visible 
  6.19  while a rider is on the motorcycle.  The issued decals must be 
  6.20  of a size to work within the constraints of the electronic 
  6.21  licensing system, not to exceed three inches high and three 
  6.22  inches wide. 
  6.23     (g) Display of a registration decal is not required for an 
  6.24  off-highway motorcycle: 
  6.25     (1) while being operated on private property; or 
  6.26     (2) while competing in a closed-course competition event. 
  6.27     Sec. 6.  Minnesota Statutes 2004, section 84.789, is 
  6.28  amended by adding a subdivision to read: 
  6.29     Subd. 3.  [SOUND EMISSIONS.] (a) On and after July 1, 2006, 
  6.30  off-highway motorcycles, when operating on public lands, shall 
  6.31  at all times be equipped with a silencer or other device that 
  6.32  limits sound emissions according to this subdivision. 
  6.33     (b) Sound emissions of competition off-highway motorcycles 
  6.34  manufactured on or after January 1, 1998, are limited to not 
  6.35  more than 96 dbA and, if manufactured prior to January 1, 1998, 
  6.36  to not more than 99 dbA, when measured from a distance of 20 
  7.1   inches using test procedures established by the Society of 
  7.2   Automotive Engineers under Standard J-1287, as applicable. 
  7.3      (c) Sound emissions of all other off-highway motorcycles 
  7.4   are limited to not more than 96 dbA if manufactured on or after 
  7.5   January 1, 1986, and not more than 99 dbA if manufactured prior 
  7.6   to January 1, 1986, when measured from a distance of 20 inches 
  7.7   using test procedures established by the Society of Automotive 
  7.8   Engineers under Standard J-1287, as applicable. 
  7.9      Sec. 7.  Minnesota Statutes 2004, section 84.791, 
  7.10  subdivision 1, is amended to read: 
  7.11     Subdivision 1.  [PROGRAM ESTABLISHED; WHEN REQUIRED.] (a) 
  7.12  The commissioner shall establish a comprehensive off-highway 
  7.13  motorcycle environment and safety education and training 
  7.14  program, including the preparation and dissemination of vehicle 
  7.15  information and safety advice to the public, the training of 
  7.16  off-highway motorcycle operators, and the issuance of 
  7.17  off-highway motorcycle safety certificates to operators under 
  7.18  the age of 16 years who successfully complete the off-highway 
  7.19  motorcycle environment and safety education and training courses.
  7.20     (b) An individual who is convicted of violating a law 
  7.21  related to the operation of an off-highway motorcycle must 
  7.22  successfully complete the environment and safety education and 
  7.23  training program established under paragraph (a) before 
  7.24  continuing operation of an off-highway motorcycle.  
  7.25     Sec. 8.  Minnesota Statutes 2004, section 84.798, 
  7.26  subdivision 1, is amended to read: 
  7.27     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) Unless exempted 
  7.28  under paragraph (b) or subdivision 2, after January 1, 1995, a 
  7.29  person may not operate and an owner may not give permission for 
  7.30  another to operate a vehicle off-road, nor may a person have an 
  7.31  off-road vehicle not registered under chapter 168 in possession 
  7.32  at an off-road vehicle staging area, or designated trail on 
  7.33  lands administered by the commissioner on off-road 
  7.34  vehicle-designated trails or area areas, or on off-road vehicle 
  7.35  grant-in-aid trails and areas funded under section 84.803, 
  7.36  unless the vehicle has been registered under this section. 
  8.1      (b) Annually on the third Saturday of May, the commissioner 
  8.2   shall allow the operation of nonregistered off-road vehicles at 
  8.3   the Iron Range Off-Highway Vehicle Recreation Area. 
  8.4      Sec. 9.  [84.8015] [EDUCATION AND TRAINING.] 
  8.5      Subdivision 1.  [PROGRAM ESTABLISHED WHEN REQUIRED.] (a) 
  8.6   The commissioner shall establish a comprehensive off-road 
  8.7   vehicle environment and safety education and training program, 
  8.8   including the preparation and dissemination of vehicle 
  8.9   information and safety advice to the public, the training of 
  8.10  off-road vehicle operators, and the issuance of off-road vehicle 
  8.11  safety certificates to operators 16 to 18 years of age who 
  8.12  successfully complete the off-road vehicle environment and 
  8.13  safety education and training courses. 
  8.14     (b) Beginning July 1, 2006, an individual who is convicted 
  8.15  of violating a law related to the operation of an off-road 
  8.16  vehicle must successfully complete the environment and safety 
  8.17  education and training program established under paragraph (a) 
  8.18  before continuing operation of an off-road vehicle. 
  8.19     Subd. 2.  [FEES.] For the purposes of administering the 
  8.20  program and to defray a portion of the expenses of training and 
  8.21  certifying vehicle operators, the commissioner shall collect a 
  8.22  fee not to exceed $....... from each person who receives the 
  8.23  training.  The commissioner shall collect a fee for issuing a 
  8.24  duplicate off-road vehicle safety certificate.  The commissioner 
  8.25  shall establish the fee for a duplicate off-road vehicle safety 
  8.26  certificate that neither significantly overrecovers nor 
  8.27  underrecovers costs, including overhead costs, involved in 
  8.28  providing the service.  The fees must be deposited in the state 
  8.29  treasury and credited to the off-road vehicle account. 
  8.30     Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
  8.31  shall cooperate with private organizations and associations, 
  8.32  private and public corporations, and local governmental units in 
  8.33  furtherance of the program established under this section.  The 
  8.34  commissioner shall consult with the commissioner of public 
  8.35  safety in regard to training program subject matter and 
  8.36  performance testing that leads to the certification of off-road 
  9.1   vehicle operators. 
  9.2      Subd. 4.  [RECIPROCITY WITH OTHER STATES.] The commissioner 
  9.3   may enter into reciprocity agreements or otherwise certify 
  9.4   off-road vehicle environment and safety education and training 
  9.5   courses from other states that are substantially similar to 
  9.6   in-state courses.  Proof of completion of a course subject to a 
  9.7   reciprocity agreement or certified as substantially similar is 
  9.8   adequate to meet the safety certificate requirements of this 
  9.9   section. 
  9.10     Subd. 5.  [EXEMPTION FROM RULEMAKING AND LEGISLATIVE 
  9.11  APPROVAL.] The fees provided for under subdivision 2 are not 
  9.12  subject to the rulemaking provisions of chapter 14 and section 
  9.13  14.386 does not apply.  The commissioner may establish the fees 
  9.14  under subdivision 2 notwithstanding section 16A.1283. 
  9.15     Sec. 10.  Minnesota Statutes 2004, section 84.925, 
  9.16  subdivision 1, is amended to read: 
  9.17     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  9.18  shall establish a comprehensive all-terrain vehicle 
  9.19  environmental and safety education and training program, 
  9.20  including the preparation and dissemination of vehicle 
  9.21  information and safety advice to the public, the training of 
  9.22  all-terrain vehicle operators, and the issuance of all-terrain 
  9.23  vehicle safety certificates to vehicle operators over the age of 
  9.24  12 years who successfully complete the all-terrain vehicle 
  9.25  environmental and safety education and training course.  
  9.26     (b) For the purpose of administering the program and to 
  9.27  defray a portion of the expenses of training and certifying 
  9.28  vehicle operators, the commissioner shall collect a fee of $15 
  9.29  from each person who receives the training.  The commissioner 
  9.30  shall collect a fee for issuing a duplicate all-terrain vehicle 
  9.31  safety certificate.  The commissioner shall establish the fee 
  9.32  for a duplicate all-terrain vehicle safety certificate that 
  9.33  neither significantly overrecovers nor underrecovers costs, 
  9.34  including overhead costs, involved in providing the service.  
  9.35  Fee proceeds shall be deposited in the all-terrain vehicle 
  9.36  account in the natural resources fund.  In addition to the fee 
 10.1   established by the commissioner, instructors may charge each 
 10.2   person up to $5 for class material and expenses. 
 10.3      (c) The commissioner shall cooperate with private 
 10.4   organizations and associations, private and public corporations, 
 10.5   and local governmental units in furtherance of the program 
 10.6   established under this section.  School districts may cooperate 
 10.7   with the commissioner and volunteer instructors to provide space 
 10.8   for the classroom portion of the training.  The commissioner 
 10.9   shall consult with the commissioner of public safety in regard 
 10.10  to training program subject matter and performance testing that 
 10.11  leads to the certification of vehicle operators.  By June 30, 
 10.12  2003, the commissioner shall incorporate a riding component in 
 10.13  the safety education and training program. 
 10.14     Sec. 11.  Minnesota Statutes 2004, section 84.925, is 
 10.15  amended by adding a subdivision to read: 
 10.16     Subd. 5.  [TRAINING REQUIREMENTS.] (a) An individual who 
 10.17  was born after July 1, 1987, and who is 16 years of age or 
 10.18  older, must successfully complete the independent study course 
 10.19  component of all-terrain vehicle safety training. 
 10.20     (b) An individual who is convicted of violating a law 
 10.21  related to the operation of an all-terrain vehicle must 
 10.22  successfully complete the independent study course component of 
 10.23  all-terrain vehicle safety training before continuing operation 
 10.24  of an all-terrain vehicle. 
 10.25     (c) An individual who receives three or more citations and 
 10.26  convictions for violating a law related to the operation of an 
 10.27  all-terrain vehicle in a two-year period must successfully 
 10.28  complete the independent study and the testing and operating 
 10.29  course components of all-terrain vehicle safety training before 
 10.30  continuing operation of an all-terrain vehicle. 
 10.31     (d) An individual must present evidence of compliance with 
 10.32  this subdivision before an all-terrain vehicle registration is 
 10.33  issued or renewed. 
 10.34     [EFFECTIVE DATE.] This section is effective January 1, 2006.
 10.35     Sec. 12.  Minnesota Statutes 2004, section 84.9256, 
 10.36  subdivision 1, is amended to read: 
 11.1      Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
 11.2   Except for operation on public road rights-of-way that is 
 11.3   permitted under section 84.928, a driver's license issued by the 
 11.4   state or another state is required to operate an all-terrain 
 11.5   vehicle along or on a public road right-of-way. 
 11.6      (b) A person under 12 years of age shall not: 
 11.7      (1) make a direct crossing of a public road right-of-way; 
 11.8      (2) operate an all-terrain vehicle on a public road 
 11.9   right-of-way in the state; or 
 11.10     (3) operate an all-terrain vehicle on public lands or 
 11.11  waters, except as provided in paragraph (e).  
 11.12     (c) Except for public road rights-of-way of interstate 
 11.13  highways, a person 12 years of age but less than 16 years may 
 11.14  make a direct crossing of a public road right-of-way of a trunk, 
 11.15  county state-aid, or county highway or operate on public lands 
 11.16  and waters, only if that person possesses a valid all-terrain 
 11.17  vehicle safety certificate issued by the commissioner and is 
 11.18  accompanied on another all-terrain vehicle by a person 18 years 
 11.19  of age or older who holds a valid driver's license.  
 11.20     (d) To be issued an all-terrain vehicle safety certificates 
 11.21  issued by the commissioner to persons certificate, a person at 
 11.22  least 12 years old, but less than 16 years old, are not valid 
 11.23  for machines in excess of 90cc engine capacity unless must: 
 11.24     (1) the person successfully completed complete the safety 
 11.25  education and training program under section 84.925, subdivision 
 11.26  1, including a riding component; and 
 11.27     (2) the riding component of the training was conducted 
 11.28  using an all-terrain vehicle with over 90cc engine capacity; and 
 11.29     (3) the person is be able to properly reach and control the 
 11.30  handle bars and reach the foot pegs while sitting upright on the 
 11.31  seat of the all-terrain vehicle. 
 11.32     (e) A person at least ten years of age but under 12 years 
 11.33  of age may operate an all-terrain vehicle with an engine 
 11.34  capacity up to 90cc on public lands or waters if accompanied by 
 11.35  a parent or legal guardian. 
 11.36     Sec. 13.  Minnesota Statutes 2004, section 84.9257, is 
 12.1   amended to read: 
 12.2      84.9257 [PASSENGERS.] 
 12.3      (a) A parent or guardian may operate an all-terrain vehicle 
 12.4   carrying one passenger who is under 16 years of age and who 
 12.5   wears a safety helmet approved by the commissioner of public 
 12.6   safety. 
 12.7      (b) For the purpose of this section, "guardian" means a 
 12.8   legal guardian of a person under age 16, or a person 18 or older 
 12.9   who has been authorized by the parent or legal guardian to 
 12.10  supervise the person under age 16. 
 12.11     (c) A person 18 years of age or older may operate an 
 12.12  all-terrain vehicle carrying one passenger who is 16 or 17 years 
 12.13  of age and wears a safety helmet approved by the commissioner of 
 12.14  public safety. 
 12.15     (d) A person 18 years of age or older may operate an 
 12.16  all-terrain vehicle carrying one passenger who is 18 years of 
 12.17  age or older. 
 12.18     Sec. 14.  Minnesota Statutes 2004, section 84.926, is 
 12.19  amended to read: 
 12.20     84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 
 12.21  COMMISSIONER; EXCEPTIONS.] 
 12.22     Subdivision 1.  [EXCEPTION BY PERMIT.] 
 12.23  Notwithstanding section sections 84.773, subdivision 1, and 
 12.24  84.777, on a case by case basis, the commissioner may issue a 
 12.25  permit authorizing a person to operate an off-highway vehicle on 
 12.26  individual public trails under the commissioner's jurisdiction 
 12.27  during specified times and for specified purposes.  
 12.28     Subd. 2.  [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED 
 12.29  FORESTS; OFF TRAIL.] Notwithstanding section 84.777, on state 
 12.30  forest lands classified as managed or limited, other than the 
 12.31  Richard J. Dorer Memorial Hardwood Forest, a person may use an 
 12.32  all-terrain vehicle off forest trails or forest roads when: 
 12.33     (1) hunting big game or transporting or installing hunting 
 12.34  stands during October, November, and December, when in 
 12.35  possession of a valid big game hunting license; 
 12.36     (2) retrieving big game in September, when in possession of 
 13.1   a valid big game hunting license; 
 13.2      (3) tending traps during an open trapping season for 
 13.3   protected furbearers, when in possession of a valid trapping 
 13.4   license; or 
 13.5      (4) trapping minnows, when in possession of a valid minnow 
 13.6   dealer, private fish hatchery, or aquatic farm license. 
 13.7      Subd. 3.  [ALL-TERRAIN VEHICLES; CLOSED FORESTS; 
 13.8   HUNTING.] Notwithstanding section 84.777, the commissioner may 
 13.9   determine whether all-terrain vehicles are allowed on specific 
 13.10  forest roads, on state forest lands classified as closed, for 
 13.11  the purpose of hunting big game during an open big game season.  
 13.12  The determination shall be by written order as published in the 
 13.13  State Register and is exempt from chapter 14.  Section 14.386 
 13.14  does not apply. 
 13.15     Subd. 4.  [OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR 
 13.16  MANAGED FORESTS; TRAILS.] Notwithstanding section 84.777, on 
 13.17  state forest lands classified as limited or managed, other than 
 13.18  the Richard J. Dorer Memorial Hardwood Forest, a person may use 
 13.19  vehicles registered under chapter 168 or section 84.798 or 
 13.20  84.922 on forest trails that are not designated for a specific 
 13.21  use when: 
 13.22     (1) hunting big game or transporting or installing hunting 
 13.23  stands during October, November, and December, when in 
 13.24  possession of a valid big game hunting license; 
 13.25     (2) retrieving big game in September, when in possession of 
 13.26  a valid big game hunting license; 
 13.27     (3) tending traps during an open trapping season for 
 13.28  protected furbearers, when in possession of a valid trapping 
 13.29  license; or 
 13.30     (4) trapping minnows, when in possession of a valid minnow 
 13.31  dealer, private fish hatchery, or aquatic farm license. 
 13.32     Sec. 15.  Minnesota Statutes 2004, section 84.928, 
 13.33  subdivision 1, is amended to read: 
 13.34     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 13.35  Unless otherwise allowed in sections 84.92 to 84.929, a person 
 13.36  shall not operate an all-terrain vehicle in this state along or 
 14.1   on the roadway, shoulder, or inside bank or slope of a public 
 14.2   road right-of-way of a trunk, county state-aid, or county 
 14.3   highway other than in the ditch or the outside bank or slope of 
 14.4   a trunk, county state-aid, or county highway unless prohibited 
 14.5   under paragraph (b).  This paragraph does not apply to a person 
 14.6   who operates an all-terrain vehicle: 
 14.7      (1) owned by or operated under contract with a publicly or 
 14.8   privately owned utility when used for work on utilities; 
 14.9      (2) in the performance of silvicultural activities; or 
 14.10     (3) to plow snow in the right-of-way at the end of a 
 14.11  private driveway. 
 14.12     (b) A road authority as defined under section 160.02, 
 14.13  subdivision 25, may after a public hearing restrict the use of 
 14.14  all-terrain vehicles in the ditch or outside bank or slope of a 
 14.15  public road right-of-way under its jurisdiction. 
 14.16     (c) The commissioner may limit the use of a right-of-way 
 14.17  for a period of time if the commissioner determines that use of 
 14.18  the right-of-way causes: 
 14.19     (1) degradation of vegetation on adjacent public property; 
 14.20     (2) siltation of waters of the state; 
 14.21     (3) impairment or enhancement to the act of taking game; or 
 14.22     (4) a threat to safety of the right-of-way users or to 
 14.23  individuals on adjacent public property. 
 14.24     (d) The commissioner must notify the road authority as soon 
 14.25  as it is known that a closure will be ordered.  The notice must 
 14.26  state the reasons and duration of the closure. 
 14.27     (e) A person may operate an all-terrain vehicle registered 
 14.28  for private use and used for agricultural purposes on a public 
 14.29  road right-of-way of a trunk, county state-aid, or county 
 14.30  highway in this state if the all-terrain vehicle is operated on 
 14.31  the extreme right-hand side of the road, and left turns may be 
 14.32  made from any part of the road if it is safe to do so under the 
 14.33  prevailing conditions.  
 14.34     (f) A person shall not operate an all-terrain vehicle 
 14.35  within the public road right-of-way of a trunk, county 
 14.36  state-aid, or county highway from April 1 to August 1 in the 
 15.1   agricultural zone unless the vehicle is being used exclusively 
 15.2   as transportation to and from work on agricultural lands.  This 
 15.3   paragraph does not apply to an agent or employee of a road 
 15.4   authority, as defined in section 160.02, subdivision 25, or the 
 15.5   Department of Natural Resources when performing or exercising 
 15.6   official duties or powers. 
 15.7      (g) A person shall not operate an all-terrain vehicle 
 15.8   within the public road right-of-way of a trunk, county 
 15.9   state-aid, or county highway between the hours of one-half hour 
 15.10  after sunset to one-half hour before sunrise, except on the 
 15.11  right-hand side of the right-of-way and in the same direction as 
 15.12  the highway traffic on the nearest lane of the adjacent roadway. 
 15.13     (h) A person shall not operate an all-terrain vehicle at 
 15.14  any time within the right-of-way of an interstate highway or 
 15.15  freeway within this state. 
 15.16     Sec. 16.  Minnesota Statutes 2004, section 84.928, 
 15.17  subdivision 2, is amended to read: 
 15.18     Subd. 2.  [OPERATION GENERALLY.] A person may not drive or 
 15.19  operate an all-terrain vehicle: 
 15.20     (1) at a rate of speed greater than reasonable or proper 
 15.21  under the surrounding circumstances; 
 15.22     (2) in a careless, reckless, or negligent manner so as to 
 15.23  endanger or to cause injury or damage to the person or property 
 15.24  of another; 
 15.25     (3) without headlight and taillight lighted at all times if 
 15.26  the vehicle is equipped with headlight and taillight; 
 15.27     (4) without a functioning stoplight if so equipped; 
 15.28     (5) in a tree nursery or planting in a manner that damages 
 15.29  or destroys growing stock; 
 15.30     (6) without a brake operational by either hand or foot; 
 15.31     (7) with more persons than one person on the vehicle than 
 15.32  it was designed for, except as allowed under section 84.9257; 
 15.33     (8) at a speed exceeding ten miles per hour on the frozen 
 15.34  surface of public waters within 100 feet of a person not on an 
 15.35  all-terrain vehicle or within 100 feet of a fishing shelter; or 
 15.36     (9) in a manner that violates operation rules adopted by 
 16.1   the commissioner. 
 16.2      Sec. 17.  Minnesota Statutes 2004, section 84.928, 
 16.3   subdivision 6, is amended to read: 
 16.4      Subd. 6.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] (a) 
 16.5   Notwithstanding any law to the contrary, a city or town, acting 
 16.6   through its governing body, may by resolution or ordinance 
 16.7   prohibit the operation of all-terrain vehicles on city streets 
 16.8   or town roads in its jurisdiction provided the regulations are 
 16.9   otherwise consistent with sections 84.92 to 84.929. 
 16.10     (b) A county or city, or a town acting by its town board, 
 16.11  may regulate the operation of all-terrain vehicles on public 
 16.12  lands, waters, and property under its jurisdiction other than 
 16.13  public road rights-of-way within its boundaries, by resolution 
 16.14  or ordinance of the governing body and by giving appropriate 
 16.15  notice, provided:  
 16.16     (1) the regulations must be consistent with sections 84.92 
 16.17  to 84.929 and rules adopted under section 84.924; 
 16.18     (2) an ordinance may not impose a fee for the use of public 
 16.19  land or water under the jurisdiction of either the Department of 
 16.20  Natural Resources or other agency of the state, or for the use 
 16.21  of an access to it owned by the state or a county or a city; and 
 16.22     (3) an ordinance may not require an all-terrain vehicle 
 16.23  operator to possess a motor vehicle driver's license while 
 16.24  operating an all-terrain vehicle. 
 16.25     (c) Notwithstanding any law to the contrary, a county board 
 16.26  by ordinance may allow the operation of all-terrain vehicles on 
 16.27  the road right-of-way shoulder, or inside bank or slope of a 
 16.28  county highway or county state-aid highway, if: 
 16.29     (1) the highway is in the agricultural zone; or 
 16.30     (2) safe operation in the ditch or outside slope is 
 16.31  impossible, and the county posts the appropriate notice; or 
 16.32     (3) the road is unpaved or designated as a 
 16.33  minimum-maintenance road under section 160.095. 
 16.34     Sec. 18.  Minnesota Statutes 2004, section 85.015, 
 16.35  subdivision 13, is amended to read: 
 16.36     Subd. 13.  [ARROWHEAD REGION TRAILS, IN COOK, LAKE, ST.] 
 17.1   Louis, Koochiching and Itasca Counties. (a)(1) The Taconite 
 17.2   Trail shall originate at Ely in St. Louis County and extend 
 17.3   southwesterly to Tower in St. Louis County, thence westerly to 
 17.4   McCarthy Beach State Park in St. Louis County, thence 
 17.5   southwesterly to Grand Rapids in Itasca County and there 
 17.6   terminate; 
 17.7      (2) The Northshore Trail shall originate in Duluth in St.  
 17.8   Louis County and extend northeasterly to Two Harbors in Lake 
 17.9   County, thence northeasterly to Grand Marais in Cook County, 
 17.10  thence northeasterly to the international boundary in the 
 17.11  vicinity of the north shore of Lake Superior, and there 
 17.12  terminate; 
 17.13     (3) The Grand Marais to International Falls Trail shall 
 17.14  originate in Grand Marais in Cook County and extend 
 17.15  northwesterly, outside of the Boundary Waters Canoe Area, to Ely 
 17.16  in St. Louis County, thence southwesterly along the route of the 
 17.17  Taconite Trail to Tower in St. Louis County, thence 
 17.18  northwesterly through the Pelican Lake area in St. Louis County 
 17.19  to International Falls in Koochiching County, and there 
 17.20  terminate. 
 17.21     (b) The trails shall be developed primarily for riding and 
 17.22  hiking.  The Northshore Trail may also be used by all-terrain 
 17.23  vehicles and the commissioner of natural resources shall 
 17.24  designate the following portion as an all-terrain vehicle 
 17.25  trail:  from the existing parking lot on Normanna Road, St. 
 17.26  Louis County 38, in the Southeast Quarter of the Southwest 
 17.27  Quarter, Section 16, Township 52 North, Range 13 West, to the 
 17.28  Moosewalk grant-in-aid trail junction near Hockamin Creek in the 
 17.29  Northeast Quarter of the Northwest Quarter, Section 26, Township 
 17.30  57 North, Range 8 West. 
 17.31     (c) In addition to the authority granted in subdivision 1, 
 17.32  lands and interests in lands for the Arrowhead Region trails may 
 17.33  be acquired by eminent domain.  Before acquiring any land or 
 17.34  interest in land by eminent domain the commissioner of 
 17.35  administration shall obtain the approval of the governor.  The 
 17.36  governor shall consult with the Legislative Advisory Commission 
 18.1   before granting approval.  Recommendations of the Legislative 
 18.2   Advisory Commission shall be advisory only.  Failure or refusal 
 18.3   of the commission to make a recommendation shall be deemed a 
 18.4   negative recommendation. 
 18.5      Sec. 19.  Minnesota Statutes 2004, section 89.19, 
 18.6   subdivision 2, is amended to read: 
 18.7      Subd. 2.  [RULEMAKING EXEMPTION.] Designations of forest 
 18.8   trails and changes to the designations by the commissioner shall 
 18.9   be by written order published in the State Register.  
 18.10  Designations and changes to designations are not subject to the 
 18.11  rulemaking provisions of chapter 14 and section 14.386 does not 
 18.12  apply.  Before designating or changing a designation of forest 
 18.13  trails, the commissioner shall hold a public meeting in the 
 18.14  county where the largest portion of the forest lands are located 
 18.15  to provide information to and receive comment from the public 
 18.16  regarding the proposed trail designation or change in 
 18.17  designation.  Sixty days before the public meeting, notice of 
 18.18  the proposed forest trail designation or change in designation 
 18.19  shall be published in the legal newspapers that serve the 
 18.20  counties in which the lands are located, in a statewide 
 18.21  Department of Natural Resources news release, and in the State 
 18.22  Register. 
 18.23     Sec. 20.  Laws 2003, chapter 128, article 1, section 167, 
 18.24  subdivision 1, is amended to read: 
 18.25     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
 18.26  By December 31, 2006, the commissioner of natural resources 
 18.27  shall complete a review of the forest classification status of 
 18.28  all state forests classified as managed or limited, all forest 
 18.29  lands under the authority of the commissioner as defined in 
 18.30  Minnesota Statutes, section 89.001, subdivision 13, and lands 
 18.31  managed by the commissioner under Minnesota Statutes, section 
 18.32  282.011.  The review must be conducted on a forest-by-forest and 
 18.33  area-by-area basis in accordance with the process and criteria 
 18.34  under Minnesota Rules, part 6100.1950.  After each forest is 
 18.35  reviewed, the commissioner must change its status to limited or 
 18.36  closed, and must provide a similar status for each of the other 
 19.1   areas subject to review under this section after each individual 
 19.2   review is completed.  
 19.3      (b) If the commissioner determines on January 1, 2005, that 
 19.4   the review required under this section cannot be completed by 
 19.5   December 31, 2006, the completion date for the review shall be 
 19.6   extended to December 31, 2008.  By January 15, 2005, the 
 19.7   commissioner shall report to the chairs of the legislative 
 19.8   committees with jurisdiction over natural resources policy and 
 19.9   finance regarding the status of the process required by this 
 19.10  section.  
 19.11     (c) Until December 31, 2010, the state forests and areas 
 19.12  subject to review under this section are exempt from Minnesota 
 19.13  Statutes, section 84.777, unless an individual forest or area 
 19.14  has been classified as limited or closed. 
 19.15     (d) This subdivision does not apply to forest lands north 
 19.16  of U.S. Highway 2.  All forest lands under the authority of the 
 19.17  commissioner as defined in Minnesota Statutes, section 89.001, 
 19.18  subdivision 13, and lands managed by the commissioner under 
 19.19  Minnesota Statutes, section 282.011, that are north of U.S. 
 19.20  Highway 2 shall be classified as managed for the purpose of 
 19.21  off-highway vehicle use. 
 19.22     Sec. 21.  [REQUIRED RULEMAKING.] 
 19.23     (a) The commissioner of natural resources shall amend 
 19.24  Minnesota Rules, part 6232.0300, subpart 7, to permit an 
 19.25  individual to operate an all-terrain vehicle on privately owned 
 19.26  land in an area open to taking deer by firearms during the legal 
 19.27  shooting hours of the deer season, regardless of whether the 
 19.28  individual is licensed to take deer on the day of operation, if 
 19.29  the individual is: 
 19.30     (1) pursuing an occupation when operating the all-terrain 
 19.31  vehicle; 
 19.32     (2) not in possession of a firearm; and 
 19.33     (3) the owner of the land on which the all-terrain vehicle 
 19.34  is operated, an employee of the land owner, or an immediate 
 19.35  family member of the land owner. 
 19.36     (b) The commissioner may use the good cause exemption under 
 20.1   Minnesota Statutes, section 14.388, subdivision 1, clause (3), 
 20.2   in amending the rule under paragraph (a).  Minnesota Statutes, 
 20.3   section 14.386, does not apply, except to the extent provided 
 20.4   under Minnesota Statutes, section 14.388 
 20.5      Sec. 22.  [DETERMINATION OF TAX ALLOCATION; REPORT TO 
 20.6   LEGISLATURE.] 
 20.7      The commissioners of natural resources, revenue, and 
 20.8   transportation shall jointly determine the amount of unrefunded 
 20.9   gasoline tax attributable to all-terrain vehicle use in the 
 20.10  state and shall report to the legislature by March 1, 2006, with 
 20.11  an appropriate proposed revision to Minnesota Statutes, section 
 20.12  296A.18. 
 20.13     Sec. 23.  [APPROPRIATION.] 
 20.14     (a) $200,000 is appropriated from the natural resources 
 20.15  fund to the commissioner of natural resources for the 
 20.16  off-highway vehicle safety and conservation grant program under 
 20.17  section 3.  Of this amount, $10,000 is from the off-highway 
 20.18  motorcycle account, $20,000 is from the off-road vehicle 
 20.19  account, and $170,000 is from the all-terrain vehicle account. 
 20.20     (b) $75,000 is appropriated from the all-terrain vehicle 
 20.21  account in the natural resources fund for the study required in 
 20.22  section 21.  This is a onetime appropriation. 
 20.23     (c) $....... is appropriated from the natural resources 
 20.24  fund to the commissioner of natural resources for additional 
 20.25  grants-in-aid.  Of this amount, $....... is from the all-terrain 
 20.26  vehicle account, $....... is from the off-road vehicle account, 
 20.27  and $....... is from the off-highway motorcycle account. 
 20.28     (d) $....... is appropriated from the natural resources 
 20.29  fund to the commissioner of natural resources to produce an 
 20.30  interactive CD-ROM training tool for the off-highway motorcycle 
 20.31  education and training program under Minnesota Statutes, section 
 20.32  84.791. 
 20.33     (e) $....... is appropriated from the off-road vehicle 
 20.34  account in the natural resources fund to the commissioner of 
 20.35  natural resources to establish the off-road vehicle environment 
 20.36  and safety education and training program under Minnesota 
 21.1   Statutes, section 84.8015. 
 21.2      Sec. 24.  [REPEALER.] 
 21.3      Minnesota Statutes 2004, section 84.901, is repealed.