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HF 1057

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2013 07:14pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to natural resources; providing for contributions to trail programs;
modifying provisions for all-terrain vehicles; amending Minnesota Statutes
2012, sections 84.788, by adding a subdivision; 84.794, subdivision 1; 84.798,
by adding a subdivision; 84.803, subdivision 1; 84.82, by adding a subdivision;
84.83, subdivision 2; 84.922, by adding subdivisions; 84.9256, subdivision 1;
84.928, subdivision 1; 85.41, by adding a subdivision; 85.43; 85.46, subdivision
6, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 84.788, is amended by adding a
subdivision to read:


new text begin Subd. 13. new text end

new text begin Grant-in-aid donations. new text end

new text begin (a) At the time of registration, a person
may agree to add a donation of any amount to the off-highway motorcycle registration
fee for grant-in-aid off-highway motorcycle trails. An additional commission may not
be assessed on the donation. The commissioner shall offer the opportunity to make a
donation under this subdivision to all registrants and shall issue a recognition grant-in-aid
trail sticker to registrants contributing $20 or more.
new text end

new text begin (b) Money donated under this subdivision shall be deposited in the off-highway
motorcycle account in the natural resources fund and shall be used for the grant-in-aid
program as provided under section 84.794, subdivision 2, paragraph (a), clause (3).
new text end

Sec. 2.

Minnesota Statutes 2012, section 84.794, subdivision 1, is amended to read:


Subdivision 1.

Registration revenue.

Fees from the registration of off-highway
motorcyclesnew text begin , donations received under section 84.788, subdivision 13,new text end and the unrefunded
gasoline tax attributable to off-highway motorcycle use under section 296A.18 must be
deposited in the state treasury and credited to the off-highway motorcycle account in
the natural resources fund.

Sec. 3.

Minnesota Statutes 2012, section 84.798, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Grant-in-aid trail donations. new text end

new text begin (a) At the time of registration, a person
may agree to add a donation of any amount to the off-road vehicle registration fee for
grant-in-aid off-road vehicle trails. An additional commission may not be assessed on the
donation. The commissioner shall offer the opportunity to make a donation under this
subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
registrants contributing $20 or more.
new text end

new text begin (b) Money donated under this subdivision shall be deposited in the off-road vehicle
account in the natural resources fund and shall be used for the grant-in-aid program as
provided under section 84.803, subdivision 2, clause (3).
new text end

Sec. 4.

Minnesota Statutes 2012, section 84.803, subdivision 1, is amended to read:


Subdivision 1.

Registration revenue.

Fees from the registration of off-road
vehiclesnew text begin , donations received under section 84.798, subdivision 11,new text end and unrefunded
gasoline tax attributable to off-road vehicle use under section 296A.18 must be deposited in
the state treasury and credited to the off-road vehicle account in the natural resources fund.

Sec. 5.

Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Grant-in-aid trail donations. new text end

new text begin (a) At the time of registration, a person
may agree to add a donation of any amount to the snowmobile registration fee for
grant-in-aid snowmobile trails. An additional commission may not be assessed on the
donation. The commissioner shall offer the opportunity to make a donation under this
subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
registrants contributing $20 or more.
new text end

new text begin (b) Money donated under this subdivision shall be deposited in the snowmobile trails
and enforcement account in the natural resources fund and shall be used for the grant-in-aid
program as provided under section 84.83, subdivision 3, paragraph (a), clause (1).
new text end

Sec. 6.

Minnesota Statutes 2012, section 84.83, subdivision 2, is amended to read:


Subd. 2.

Money deposited in the account.

Fees from the registration of
snowmobiles and from the issuance of snowmobile state trail stickersnew text begin , donations received
under section 84.82, subdivision 12,
new text end and the unrefunded gasoline tax attributable to
snowmobile use pursuant to section 296A.18 shall be deposited in the state treasury and
credited to the snowmobile trails and enforcement account.

Sec. 7.

Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Grant-in-aid trail contributions. new text end

new text begin (a) At the time of registration,
the commissioner shall offer a registrant the opportunity to make a contribution for
grant-in-aid trails. The commissioner shall issue a recognition grant-in-aid trail sticker to
registrants contributing $20 or more.
new text end

new text begin (b) Money contributed under this subdivision shall be deposited in the state treasury
and credited to the all-terrain vehicle account and is dedicated for the grant-in-aid trail
program.
new text end

Sec. 8.

Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin No registration weekend. new text end

new text begin The commissioner shall designate by rule one
weekend each year when, notwithstanding subdivision 1, an all-terrain vehicle may be
operated on state and grant-in-aid all-terrain vehicle trails without a registration issued
under this section. Nonresidents may participate during the designated weekend without a
state trail pass required under section 84.9275.
new text end

Sec. 9.

Minnesota Statutes 2012, section 84.9256, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on
public road rights-of-way that is permitted under section 84.928new text begin and as provided under
paragraph (j)
new text end , a driver's license issued by the state or another state is required to operate an
all-terrain vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years
of age but less than 16 years may make a direct crossing of a public road right-of-way
of a trunk, county state-aid, or county highway or operate on public lands and waters or
state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
certificate issued by the commissioner and is accompanied by a person 18 years of age or
older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than deleted text begin 16deleted text end new text begin 18new text end years old, must:

(1) successfully complete the safety education and training program under section
84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
control the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
16 years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
or state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain
safety course offered by the ATV Safety Institute or another state as provided in section
84.925, subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who
holds a valid driver's license.

new text begin (j) A person 12 years of age but less than 16 years of age may operate an all-terrain
vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under
section 84.928 if the person:
new text end

new text begin (1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
and
new text end

new text begin (2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
new text end

Sec. 10.

Minnesota Statutes 2012, section 84.928, subdivision 1, is amended to read:


Subdivision 1.

Operation on roads and rights-of-way.

(a) Unless otherwise
allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in
this state along or on the roadway, shoulder, or inside bank or slope of a public road
right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under
paragraph (d) or (f).

(c) A person may operate a class 2 all-terrain vehiclenew text begin :
new text end

new text begin (1)new text end within the public road right-of-way of a county state-aid or county highway on
the extreme right-hand side of the road and left turns may be made from any part of
the road if it is safe to do so under the prevailing conditions, unless prohibited under
paragraph (d) or (f)deleted text begin .deleted text end new text begin ;
new text end

new text begin (2) on the bank, slope, or ditch of a public road right-of-way of a trunk highway,
but only to access businesses or make trail connections, and left turns may be made from
any part of the road if it is safe to do so under the prevailing conditions, unless prohibited
under paragraph (d) or (f); and
new text end

new text begin (3)new text end deleted text begin A person may operate a class 2 all-terrain vehicledeleted text end on the bank or ditch of a
public road right-of-waynew text begin :
new text end

new text begin (i)new text end on a designated class 2 all-terrain vehicle traildeleted text begin .deleted text end new text begin ; or
new text end

new text begin (ii) to access businesses or make trail connections when operation within the public
road right-of-way is unsafe.
new text end

(d) A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
its jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
bank or slope of a trunk, interstate, county state-aid, or county highway:

(1) that is part of a funded grant-in-aid trail; or

(2) when the all-terrain vehicle is owned by or operated under contract with a publicly
or privately owned utility or pipeline company and used for work on utilities or pipelines.

(f) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.

The commissioner must notify the road authority as soon as it is known that a closure
will be ordered. The notice must state the reasons and duration of the closure.

(g) A person may operate an all-terrain vehicle registered for private use and used
for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
side of the road, and left turns may be made from any part of the road if it is safe to do so
under the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road right-of-way
of a trunk, county state-aid, or county highway between the hours of one-half hour after
sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way
and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.

(j) A person shall not operate an all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.

Sec. 11.

Minnesota Statutes 2012, section 85.41, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Grant-in-aid trail donations. new text end

new text begin (a) At the time of purchasing the pass
required under subdivision 1, a person may agree to add a donation of any amount to
the cross-country ski pass fee for grant-in-aid cross-country ski trails. An additional
commission may not be assessed on the donation. The commissioner shall offer the
opportunity to make a donation under this subdivision to all pass purchasers and shall
issue a recognition grant-in-aid trail sticker to a person contributing $20 or more.
new text end

new text begin (b) Money donated under this subdivision shall be deposited in the cross-country ski
account in the natural resources fund and shall be used for the grant-in-aid program as
provided under section 85.43, paragraph (a), clause (1).
new text end

Sec. 12.

Minnesota Statutes 2012, section 85.43, is amended to read:


85.43 DISPOSITION OF RECEIPTS; PURPOSE.

(a) Fees from cross-country ski passesnew text begin and donations received under section 85.41,
subdivision 6,
new text end shall be deposited in the state treasury and credited to a cross-country ski
account in the natural resources fund and, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, are
appropriated to the commissioner of natural resources for the following purposes:

(1) grants-in-aid for cross-country ski trails to:

(i) counties and municipalities for construction and maintenance of cross-country
ski trails; and

(ii) special park districts as provided in section 85.44 for construction and
maintenance of cross-country ski trails; and

(2) administration of the cross-country ski trail grant-in-aid program.

(b) Development and maintenance of state cross-country ski trails are eligible for
funding from the cross-country ski account if the money is appropriated by law.

Sec. 13.

Minnesota Statutes 2012, section 85.46, subdivision 6, is amended to read:


Subd. 6.

Disposition of receipts.

Fees new text begin and donations new text end collected under this section,
except for the issuing fee, shall be deposited in the state treasury and credited to the horse
pass account in the natural resources fund. Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, the
fees are appropriated to the commissioner of natural resources for trail acquisition, trail
and facility development, and maintenance, enforcement, and rehabilitation of horse
trails or trails authorized for horse use, whether for riding, leading, or driving, on land
administered by the commissioner.

Sec. 14.

Minnesota Statutes 2012, section 85.46, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Trail donations. new text end

new text begin At the time of purchasing the pass required under
subdivision 1, a person may agree to add a donation of any amount to the horse pass
fee for horse trails. An additional commission may not be assessed on the donation.
The commissioner shall offer the opportunity to make a donation under this subdivision
to all pass purchasers and shall issue a recognition trail sticker to a person contributing
$20 or more.
new text end