HF 1299

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for 
  1.3             reimbursement to property owners for driveway damage 
  1.4             caused by snowmobiles with metal traction devices; 
  1.5             amending Minnesota Statutes 2000, section 84.8713, 
  1.6             subdivision 1; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 84. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 84.8713, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [STICKER REQUIRED; FEE.] (a) An owner of a 
  1.12  snowmobile registered in the state may not operate the 
  1.13  snowmobile with a track equipped with metal traction devices 
  1.14  unless a metal traction device sticker is affixed to the 
  1.15  snowmobile.  The commissioner shall issue a metal traction 
  1.16  device sticker upon application and payment of a $12 fee.  The 
  1.17  sticker is valid for one year following June 30 in the year it 
  1.18  is issued.  
  1.19     (b) The requirements in paragraph (a) do not apply to 
  1.20  snowmobiles owned, leased, or operated by the state or a 
  1.21  political subdivision, or to snowmobiles used in an organized 
  1.22  race, so long as they do not utilize a paved public trail, 
  1.23  except as otherwise provided in this chapter. 
  1.24     (c) Fees collected under this section shall be deposited in 
  1.25  the state treasury and credited to the snowmobile trails and 
  1.26  enforcement account in the natural resources fund.  Money 
  2.1   deposited under this section is appropriated to the commissioner 
  2.2   of natural resources, and must be used for to repair of paved 
  2.3   public trails, unless a trail is exempted by local authorities 
  2.4   under section 84.8712, and to reimburse property owners 
  2.5   according to section 84.8714 for driveway damage caused by metal 
  2.6   traction devices, except that any money not necessary for this 
  2.7   purpose these purposes may be used for the grant-in-aid 
  2.8   snowmobile trail system. 
  2.9      (d) This section shall be enforced under section 84.8712. 
  2.10     Sec. 2.  [84.8714] [PAYMENT FOR DAMAGED DRIVEWAYS.] 
  2.11     Subdivision 1.  [CLAIMS FOR DAMAGE.] A property owner who 
  2.12  has an asphalt driveway that is significantly damaged by 
  2.13  snowmobiles with metal traction devices may file a claim with 
  2.14  the commissioner of natural resources for funding to repair the 
  2.15  damaged driveway.  The commissioner shall provide claim forms 
  2.16  and make them available at any department of natural resources 
  2.17  office.  
  2.18     Subd. 2.  [DAMAGE PAYMENT.] A conservation officer must 
  2.19  inspect a driveway for which a claim is submitted under 
  2.20  subdivision 1 and make a recommendation on the facts submitted 
  2.21  to the commissioner.  Upon recommendation of the conservation 
  2.22  officer, the commissioner shall determine whether payment is 
  2.23  authorized and may reimburse the landowner.  Money to pay a 
  2.24  claim authorized by the commissioner is subject to available 
  2.25  funds under section 84.8713, subdivision 1, paragraph (c). 
  2.26     Subd. 3.  [DEDUCTION FROM PAYMENT.] Payments made under 
  2.27  this section shall be reduced by amounts received by a property 
  2.28  owner as proceeds from an insurance policy covering driveway 
  2.29  damage or from any other source. 
  2.30     Subd. 4.  [DENIED PAYMENT.] If the commissioner denies 
  2.31  payment of a claim under this section, the commissioner shall 
  2.32  issue a written decision based upon the available evidence.  The 
  2.33  decision must include specification of the facts upon which the 
  2.34  decision is based and the conclusion on the material issues of 
  2.35  the claim.  The commissioner shall mail a copy of the decision 
  2.36  to the owner.