HF 2678

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             for the operation of off-highway vehicles; providing 
  1.4             for a certain rulemaking exemption; modifying 
  1.5             provisions for reviewing forest classification status; 
  1.6             amending Minnesota Statutes 2002, sections 84.798, 
  1.7             subdivision 1; 84.9256, subdivision 1; 89.19; 
  1.8             Minnesota Statutes 2003 Supplement, sections 84.773; 
  1.9             84.926; Laws 2003, chapter 128, article 1, section 
  1.10            167, subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.13  84.773, is amended to read: 
  1.14     84.773 [RESTRICTIONS ON OPERATION.] 
  1.15     Subdivision 1.  [RESTRICTIONS.] A person may not 
  1.16  intentionally operate an off-highway vehicle: 
  1.17     (1) on a trail on public land that is designated or signed 
  1.18  for nonmotorized use only; 
  1.19     (2) on restricted areas within public lands that are posted 
  1.20  or where gates or other clearly visible structures are placed to 
  1.21  prevent unauthorized motorized vehicle access; or 
  1.22     (3) except as specifically authorized by law or rule 
  1.23  adopted by the commissioner, on public lands in: unfrozen type 
  1.24  3, 4, 5, and 8 wetlands or unfrozen public waters, as defined in 
  1.25  section 103G.005; in a state park; in a scientific and natural 
  1.26  area; or in a wildlife management area; or 
  1.27     (4) on privately owned lands in public waters or on type 3, 
  1.28  4, or 5 wetlands as shown on the public waters inventory maps 
  2.1   maintained by the commissioner under section 103G.201, unless 
  2.2   the public water or type 3, 4, or 5 wetland is frozen. 
  2.3      Subd. 2.  [UTILITY EXEMPTIONS.] Subdivision 1 does not 
  2.4   apply to an off-highway vehicle being used for farming; an 
  2.5   off-highway vehicle used for military, fire, emergency, or law 
  2.6   enforcement purposes; a construction or logging off-highway 
  2.7   vehicle used in the performance of its common function; an 
  2.8   off-highway vehicle owned by or operated under contract with a 
  2.9   utility, whether publicly or privately owned, when used for work 
  2.10  on utilities; a commercial off-highway vehicle being used for 
  2.11  its intended purpose; or an off-highway vehicle used to conduct 
  2.12  duties of a government entity. 
  2.13     Subd. 3.  [OTHER EXEMPTIONS.] Subdivision 1 does not apply 
  2.14  to the direct crossing of type 8 wetlands by an off-highway 
  2.15  vehicle being used to access privately owned or leased land or 
  2.16  an off-highway vehicle being used by an individual on private or 
  2.17  public lands lawfully engaged in hunting and trapping activities 
  2.18  as described in section 84.926, subdivision 2. 
  2.19     Sec. 2.  Minnesota Statutes 2002, section 84.798, 
  2.20  subdivision 1, is amended to read: 
  2.21     Subdivision 1.  [GENERAL REQUIREMENTS.] Unless exempted 
  2.22  under subdivision 2, after January 1, 1995, a person may not 
  2.23  operate and an owner may not give permission for another to 
  2.24  operate a vehicle off-road, nor may a person have an off-road 
  2.25  vehicle not registered under chapter 168 in possession at an 
  2.26  off-road vehicle staging area, or on lands administered by the 
  2.27  commissioner on designated trail trails or area areas, or on 
  2.28  off-road vehicle grant-in-aid trails and areas funded under 
  2.29  section 84.803, unless the vehicle has been registered under 
  2.30  this section. 
  2.31     Sec. 3.  Minnesota Statutes 2002, section 84.9256, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
  2.34  Except for operation on public road rights-of-way that is 
  2.35  permitted under section 84.928, a driver's license issued by the 
  2.36  state or another state is required to operate an all-terrain 
  3.1   vehicle along or on a public road right-of-way. 
  3.2      (b) A person under 12 years of age shall not: 
  3.3      (1) make a direct crossing of a public road right-of-way; 
  3.4      (2) operate an all-terrain vehicle on a public road 
  3.5   right-of-way in the state; or 
  3.6      (3) operate an all-terrain vehicle on public lands or 
  3.7   waters.  
  3.8      (c) Except for public road rights-of-way of interstate 
  3.9   highways, a person 12 years of age but less than 16 years may 
  3.10  make a direct crossing of a public road right-of-way of a trunk, 
  3.11  county state-aid, or county highway or operate on public lands 
  3.12  and waters, only if that person possesses a valid all-terrain 
  3.13  vehicle safety certificate issued by the commissioner and is 
  3.14  accompanied on another all-terrain vehicle by a person 18 years 
  3.15  of age or older who holds a valid driver's license.  
  3.16     (d) All-terrain vehicle safety certificates issued by the 
  3.17  commissioner to persons 12 years old, but less than 16 years 
  3.18  old, are not valid for machines in excess of 90cc engine 
  3.19  capacity unless: 
  3.20     (1) the person successfully completed the safety education 
  3.21  and training program under section 84.925, subdivision 1, 
  3.22  including a riding component; and 
  3.23     (2) the riding component of the training was conducted 
  3.24  using an all-terrain vehicle with over 90cc engine capacity; and 
  3.25     (3) the person is able to properly reach and control the 
  3.26  handle bars and reach the foot pegs while sitting upright on the 
  3.27  seat of the all-terrain vehicle. 
  3.28     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  3.29  84.926, is amended to read: 
  3.30     84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 
  3.31  COMMISSIONER; EXCEPTIONS.] 
  3.32     Subdivision 1.  [EXCEPTION BY PERMIT.] Notwithstanding 
  3.33  section 84.777, on a case by case basis, the commissioner may 
  3.34  issue a permit authorizing a person to operate an off-highway 
  3.35  vehicle on individual public trails under the commissioner's 
  3.36  jurisdiction during specified times and for specified purposes.  
  4.1      Subd. 2.  [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED 
  4.2   FORESTS; OFF TRAIL.] Notwithstanding section 84.777, on state 
  4.3   forest lands classified as managed or limited, other than the 
  4.4   Richard J. Dorer Memorial Hardwood Forest, a person may use an 
  4.5   all-terrain vehicle off forest trails or forest roads when: 
  4.6      (1) hunting big game or transporting or installing hunting 
  4.7   stands during October, November, and December, when in 
  4.8   possession of a valid big game license; 
  4.9      (2) retrieving big game in September when in possession of 
  4.10  a valid big game hunting license; 
  4.11     (3) trapping protected furbearers during an open season, 
  4.12  when in possession of a valid trapping license; or 
  4.13     (4) trapping minnows when in possession of a valid minnow 
  4.14  dealer, private fish hatchery, or aquatic farm license. 
  4.15     Subd. 3.  [ALL-TERRAIN VEHICLES; CLOSED FORESTS; 
  4.16  HUNTING.] Notwithstanding sections 84.773 and 84.777, on a 
  4.17  forest-by-forest basis, the commissioner may determine whether 
  4.18  all-terrain vehicles are allowed on forest roads, in state 
  4.19  forests classified as closed, for the purpose of hunting big 
  4.20  game during an open big game season.  The determination shall be 
  4.21  by written order as published in the State Register, is exempt 
  4.22  from chapter 14, and section 14.386 does not apply. 
  4.23     Subd. 4.  [OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR 
  4.24  MANAGED FORESTS; TRAILS.] Notwithstanding sections 84.773 and 
  4.25  84.777, on state forest lands classified as limited or managed, 
  4.26  other than the Richard J. Dorer Memorial Hardwood Forest, a 
  4.27  person may use vehicles registered under chapter 168, or under 
  4.28  section 84.798 or 84.922, during an open big game season on 
  4.29  forest trails, unless the trail is posted closed to this 
  4.30  exemption, when in possession of a valid big game license. 
  4.31     Sec. 5.  Minnesota Statutes 2002, section 89.19, is amended 
  4.32  to read: 
  4.33     89.19 [RULES.] 
  4.34     Subdivision 1.  [RULEMAKING AUTHORIZED.] The commissioner 
  4.35  may prescribe rules governing the use of forest lands under the 
  4.36  authority of the commissioner and state forest roads, or any 
  5.1   parts thereof, by the public and governing the exercise by 
  5.2   holders of leases or permits on forest lands and state forest 
  5.3   roads of all their rights under the leases or permits.  
  5.4      Subd. 2.  [RULEMAKING EXEMPTION.] The designation of forest 
  5.5   trails by the commissioner shall be by written order that is 
  5.6   published in the State Register.  These designations are not 
  5.7   subject to the rulemaking provisions of chapter 14 and section 
  5.8   14.386 does not apply.  Before designating forest trails, the 
  5.9   commissioner shall hold a public meeting in the county where the 
  5.10  largest portion of the forest lands are located to provide 
  5.11  information to and receive comment from the public regarding the 
  5.12  proposed trail designation.  Sixty days before the public 
  5.13  meeting, notice of the proposed forest trail shall be published 
  5.14  in the legal newspapers that serve the counties in which the 
  5.15  lands are located, in a statewide Department of Natural 
  5.16  Resources news release, and in the State Register. 
  5.17     Sec. 6.  Laws 2003, chapter 128, article 1, section 167, 
  5.18  subdivision 1, is amended to read: 
  5.19     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
  5.20  By December 31, 2006, the commissioner of natural resources 
  5.21  shall complete a review of the forest classification status of 
  5.22  all state forests classified as managed or limited, all forest 
  5.23  lands under the authority of the commissioner as defined in 
  5.24  Minnesota Statutes, section 89.001, subdivision 13, and lands 
  5.25  managed by the commissioner under Minnesota Statutes, section 
  5.26  282.011.  The review must be conducted on a forest-by-forest and 
  5.27  area-by-area basis in accordance with the process and criteria 
  5.28  under Minnesota Rules, part 6100.1950.  After each forest is 
  5.29  reviewed, the commissioner must change its status to limited or 
  5.30  closed, and must provide a similar status for each of the other 
  5.31  areas subject to review under this section after each individual 
  5.32  review is completed.  
  5.33     (b) If the commissioner determines on January 1, 2005, that 
  5.34  the review required under this section cannot be completed by 
  5.35  December 31, 2006, the completion date for the review shall be 
  5.36  extended to December 31, 2008.  By January 15, 2005, the 
  6.1   commissioner shall report to the chairs of the legislative 
  6.2   committees with jurisdiction over natural resources policy and 
  6.3   finance regarding the status of the process required by this 
  6.4   section.  
  6.5      (c) Until December 31, 2010, the state forests and areas 
  6.6   subject to review under this section are exempt from Minnesota 
  6.7   Statutes, section 84.777, unless an individual forest or area 
  6.8   has been classified as limited or closed.