HF 1551

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; restricting the use of 
  1.3             certain motorized recreational vehicles on state land; 
  1.4             modifying the disposition of certain fees; modifying 
  1.5             registration requirements for certain recreational 
  1.6             vehicles; providing for enforcement; appropriating 
  1.7             money; amending Minnesota Statutes 2000, sections 
  1.8             84.027, by adding a subdivision; 84.788, subdivision 
  1.9             3; 84.794, subdivision 2; 84.798, subdivision 4; 
  1.10            84.803, subdivision 2; 84.915; 84.922, subdivision 2; 
  1.11            84.927, subdivision 2; and 84.928, subdivision 1; 
  1.12            proposing coding for new law in Minnesota Statutes, 
  1.13            chapter 84; repealing Minnesota Statutes 2000, section 
  1.14            84.926. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 84.027, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 16.  [MOTORIZED RECREATION ENFORCEMENT HOTLINE.] The 
  1.19  commissioner shall maintain and publicize a toll-free telephone 
  1.20  number that is available 24 hours per day, seven days a week, 
  1.21  for reporting complaints about or violations by operators of 
  1.22  off-highway motorcycles, off-road vehicles, snowmobiles, 
  1.23  all-terrain vehicles, and motorized watercraft.  The 
  1.24  commissioner may accept money donations and may pay the money, 
  1.25  when available, as a reward to a person reporting a violation 
  1.26  that results in an arrest. 
  1.27     Sec. 2.  [84.785] [MOTORIZED USE OF STATE LANDS 
  1.28  RESTRICTED.] 
  1.29     Subdivision 1.  [RESTRICTED USE.] Notwithstanding sections 
  1.30  84.787 to 84.805 and 84.92 to 84.929, the use of off-highway 
  2.1   motorcycles, as defined under section 84.787, off-road vehicles, 
  2.2   as defined under section 84.797, and all-terrain vehicles, as 
  2.3   defined under section 84.92, is prohibited on state land 
  2.4   administered by the commissioner of natural resources except on 
  2.5   routes specifically designated and posted by the commissioner 
  2.6   for such use. 
  2.7      Subd. 2.  [ENVIRONMENTAL REVIEW.] Before developing a 
  2.8   trail, use area, or other route to be designated for use by 
  2.9   off-highway motorcycles, off-road vehicles, or all-terrain 
  2.10  vehicles, or before designating an existing trail or other route 
  2.11  for use by off-highway motorcycles, off-road vehicles, or 
  2.12  all-terrain vehicles, the commissioner of natural resources 
  2.13  shall complete an environmental assessment worksheet and, when 
  2.14  necessary, an environmental impact statement according to 
  2.15  section 116D.04.  The commissioner shall designate a work group 
  2.16  to complete the environmental review. 
  2.17     Sec. 3.  Minnesota Statutes 2000, section 84.788, 
  2.18  subdivision 3, is amended to read: 
  2.19     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  2.20  for registration or continued registration must be made to the 
  2.21  commissioner or an authorized deputy registrar of motor vehicles 
  2.22  on a form prescribed by the commissioner.  The form must state 
  2.23  the name and address of every owner of the off-highway 
  2.24  motorcycle and must be signed by at least one owner. 
  2.25     (b) A person who purchases from a retail dealer an 
  2.26  off-highway motorcycle that is intended to be operated on public 
  2.27  lands or waters shall make application for registration to the 
  2.28  dealer at the point of sale.  The dealer shall issue a temporary 
  2.29  ten-day registration permit to each purchaser who applies to the 
  2.30  dealer for registration.  The dealer shall submit the completed 
  2.31  registration applications and fees to the deputy registrar at 
  2.32  least once each week.  No fee may be charged by a dealer to a 
  2.33  purchaser for providing the temporary permit. 
  2.34     (c) Upon receipt of the application and the appropriate 
  2.35  fee, the commissioner or deputy registrar shall issue to the 
  2.36  applicant, or provide to the dealer, a 60-day temporary receipt 
  3.1   and shall assign a registration number that must be affixed to 
  3.2   the motorcycle in a manner prescribed by the commissioner 
  3.3   according to paragraph (e).  A dealer subject to paragraph (b) 
  3.4   shall provide the registration materials and temporary receipt 
  3.5   to the purchaser within the ten-day temporary permit period. 
  3.6      (d) The commissioner shall develop a registration system to 
  3.7   register vehicles under this section.  A deputy registrar of 
  3.8   motor vehicles acting under section 168.33, is also a deputy 
  3.9   registrar of off-highway motorcycles.  The commissioner of 
  3.10  natural resources in agreement with the commissioner of public 
  3.11  safety may prescribe the accounting and procedural requirements 
  3.12  necessary to ensure efficient handling of registrations and 
  3.13  registration fees.  Deputy registrars shall strictly comply with 
  3.14  the accounting and procedural requirements.  A fee of $2 in 
  3.15  addition to other fees prescribed by law is charged for each 
  3.16  off-highway motorcycle registered by: 
  3.17     (1) a deputy registrar and must be deposited in the 
  3.18  treasury of the jurisdiction where the deputy is appointed, or 
  3.19  kept if the deputy is not a public official; or 
  3.20     (2) the commissioner and must be deposited in the state 
  3.21  treasury and credited to the off-highway motorcycle account. 
  3.22     (e) An off-highway motorcycle must display a registration 
  3.23  sticker or plates issued by the commissioner.  If the motorcycle 
  3.24  is licensed as a motor vehicle, a registration sticker must be 
  3.25  affixed on the upper left corner of the rear license plate.  If 
  3.26  the motorcycle is not licensed as a motor vehicle, the 
  3.27  commissioner shall issue plates not less than four inches high 
  3.28  and 7-1/2 inches wide.  The plates must be attached to the front 
  3.29  and rear of the motorcycle at least 12 inches from the ground.  
  3.30  Plates and registration stickers must be maintained in a clean 
  3.31  and legible condition. 
  3.32     Sec. 4.  Minnesota Statutes 2000, section 84.794, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
  3.35  legislature, Money in the off-highway motorcycle account is 
  3.36  appropriated to the commissioner and may only be spent for the 
  4.1   following purposes, listed in order of priority: 
  4.2      (1) administration, enforcement, and implementation of to 
  4.3   enforce sections 84.787 to 84.796 including, but not limited to, 
  4.4   increasing the number of conservation officers available for 
  4.5   enforcement and increasing funding to programs and divisions 
  4.6   that are financially unable to fulfill statutory and rule 
  4.7   enforcement requirements; 
  4.8      (2) acquisition, maintenance, and development of to monitor 
  4.9   ongoing impacts of off-highway motorcycle use; 
  4.10     (3) to make reparations for personal injuries or public or 
  4.11  private property damage resulting from the use of off-highway 
  4.12  motorcycles; 
  4.13     (4) to conduct environmental assessment worksheets and 
  4.14  environmental impact statements under section 84.785, 
  4.15  subdivision 2; 
  4.16     (5) to maintain designated state off-highway motorcycle 
  4.17  trails and use areas; and 
  4.18     (3) grants-in-aid (6) to fund state safety and 
  4.19  environmental programs for off-highway motorcycle use; 
  4.20     (7) to fund grants-in-aid to local safety and environmental 
  4.21  programs for off-highway motorcycle use; and 
  4.22     (8) to fund grant-in-aid programs to counties and 
  4.23  municipalities to construct and maintain local off-highway 
  4.24  motorcycle trails and use areas. 
  4.25     (b) The distribution of funds made available for 
  4.26  grants-in-aid must be guided by the statewide comprehensive 
  4.27  outdoor recreation plan. 
  4.28     (c) Money remaining in the account after fulfilling the 
  4.29  priorities of paragraph (a) may be appropriated by the 
  4.30  legislature for acquisition and development of trails designated 
  4.31  for use by off-highway motorcycles.  Notwithstanding any law to 
  4.32  the contrary, development of a trail with money appropriated 
  4.33  under this paragraph is subject to environmental review 
  4.34  according to section 84.785, subdivision 2. 
  4.35     (d) In determining the amount of money to be allocated for 
  4.36  enforcement purposes under paragraph (a), clause (1), the 
  5.1   commissioner shall consider: 
  5.2      (1) the number of off-highway motorcycles using state 
  5.3   lands, by enforcement region; 
  5.4      (2) the number of off-highway motorcycles using a 
  5.5   particular outdoor recreation unit in relation to the size of 
  5.6   the unit and the type, speed, and size of off-highway 
  5.7   motorcycles used; 
  5.8      (3) the acreage of state land within each enforcement 
  5.9   region; 
  5.10     (4) the extent to which violations are cited in each 
  5.11  enforcement region; 
  5.12     (5) the overall performance of each enforcement region; 
  5.13     (6) special considerations, such as volume of transient, 
  5.14  nonresident, or rental off-highway motorcycles or extremely 
  5.15  large outdoor recreation units; and 
  5.16     (7) any other factor as determined by the commissioner. 
  5.17     Sec. 5.  Minnesota Statutes 2000, section 84.798, 
  5.18  subdivision 4, is amended to read: 
  5.19     Subd. 4.  [REGISTRATION STICKER.] An off-road vehicle must 
  5.20  display a registration sticker or plates issued by the 
  5.21  commissioner.  If the vehicle is licensed as a motor 
  5.22  vehicle, the a registration sticker must be affixed on the upper 
  5.23  left corner of the rear license plate.  If the vehicle is not 
  5.24  licensed as a motor vehicle, the owner commissioner shall 
  5.25  provide a plate issue plates not less than four inches high and 
  5.26  7-1/2 inches wide.  The plate plates must be attached to 
  5.27  the front and rear of the vehicle at least 12 inches from the 
  5.28  ground.  The registration sticker must be affixed on the upper 
  5.29  left corner of the plate.  Plates and registration stickers must 
  5.30  be maintained in a clean and legible condition. 
  5.31     Sec. 6.  Minnesota Statutes 2000, section 84.803, 
  5.32  subdivision 2, is amended to read: 
  5.33     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
  5.34  legislature, (a) Money in the off-road vehicle account is 
  5.35  appropriated to the commissioner and may only be spent for the 
  5.36  following purposes, listed in order of priority: 
  6.1      (1) administration and implementation of to enforce 
  6.2   sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, 
  6.3   section 18 including, but not limited to, increasing the number 
  6.4   of conservation officers available for enforcement and 
  6.5   increasing funding to programs and divisions that are 
  6.6   financially unable to fulfill statutory and rule enforcement 
  6.7   requirements; 
  6.8      (2) acquisition, maintenance, and development of to monitor 
  6.9   ongoing impacts of off-road vehicle use; 
  6.10     (3) to make reparations for personal injuries or public or 
  6.11  private property damage resulting from the use of off-road 
  6.12  vehicles; 
  6.13     (4) to conduct environmental assessment worksheets and 
  6.14  environmental impact statements under section 84.785, 
  6.15  subdivision 2; 
  6.16     (5) to maintain designated state off-road vehicle trails 
  6.17  and use areas; 
  6.18     (6) to fund state safety and environmental programs for 
  6.19  off-road vehicle use; 
  6.20     (7) to fund grants-in-aid to local safety and environmental 
  6.21  programs for off-road vehicle use; and 
  6.22     (3) (8) to fund grant-in-aid programs to counties and 
  6.23  municipalities to construct and maintain local off-road vehicle 
  6.24  trails and use areas; and 
  6.25     (4) grants-in-aid to local safety programs. 
  6.26     (b) Money remaining in the account after fulfilling the 
  6.27  priorities of paragraph (a) may be appropriated by the 
  6.28  legislature for acquisition and development of trails designated 
  6.29  for use by off-road vehicles.  Notwithstanding any law to the 
  6.30  contrary, development of a trail with money appropriated under 
  6.31  this paragraph is subject to environmental review according to 
  6.32  section 84.785, subdivision 2. 
  6.33     (c) In determining the amount of money to be allocated for 
  6.34  enforcement purposes under paragraph (a), clause (1), the 
  6.35  commissioner shall consider: 
  6.36     (1) the number of off-road vehicles using state lands, by 
  7.1   enforcement region; 
  7.2      (2) the number of off-road vehicles using a particular 
  7.3   outdoor recreation unit in relation to the size of the unit and 
  7.4   the type, speed, and size of off-road vehicles used; 
  7.5      (3) the acreage of state land within each enforcement 
  7.6   region; 
  7.7      (4) the extent to which violations are cited in each 
  7.8   enforcement region; 
  7.9      (5) the overall performance of each enforcement region; 
  7.10     (6) special considerations, such as volume of transient, 
  7.11  nonresident, or rental off-road vehicles or extremely large 
  7.12  outdoor recreation units; and 
  7.13     (7) any other factor as determined by the commissioner. 
  7.14     Sec. 7.  Minnesota Statutes 2000, section 84.915, is 
  7.15  amended to read: 
  7.16     84.915 [LAND USE FOR CERTAIN VEHICLES RESTRICTED.] 
  7.17     After June 1, 1993, the commissioner may not allow the use 
  7.18  of state lands or acquire private lands for development or 
  7.19  operation of a motor sports area for use by all-terrain 
  7.20  vehicles, motorcycles, or four-wheel drive trucks off-highway 
  7.21  motorcycles, or off-road vehicles without legislative approval.  
  7.22  This restriction does not apply to recreational 
  7.23  trails.  Notwithstanding any law to the contrary, development of 
  7.24  a motor sports area is subject to environmental review under 
  7.25  section 84.785, subdivision 2. 
  7.26     Sec. 8.  Minnesota Statutes 2000, section 84.922, 
  7.27  subdivision 2, is amended to read: 
  7.28     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
  7.29  for registration or continued registration shall be made to the 
  7.30  commissioner of natural resources, the commissioner of public 
  7.31  safety or an authorized deputy registrar of motor vehicles on a 
  7.32  form prescribed by the commissioner.  The form must state the 
  7.33  name and address of every owner of the vehicle and be signed by 
  7.34  at least one owner.  
  7.35     (b) A person who purchases an all-terrain vehicle from a 
  7.36  retail dealer shall make application for registration to the 
  8.1   dealer at the point of sale.  The dealer shall issue a temporary 
  8.2   ten-day registration permit to each purchaser who applies to the 
  8.3   dealer for registration.  The dealer shall submit the completed 
  8.4   registration application and fees to the deputy registrar at 
  8.5   least once each week.  No fee may be charged by a dealer to a 
  8.6   purchaser for providing the temporary permit. 
  8.7      (c) Upon receipt of the application and the appropriate 
  8.8   fee, the commissioner or deputy registrar shall issue to the 
  8.9   applicant, or provide to the dealer, a 60-day temporary receipt 
  8.10  and shall assign a registration number that must be affixed to 
  8.11  the vehicle in a manner prescribed by the commissioner according 
  8.12  to paragraph (f).  A dealer subject to paragraph (b) shall 
  8.13  provide the registration materials and temporary receipt to the 
  8.14  purchaser within the ten-day temporary permit period.  The 
  8.15  commissioner shall use the snowmobile registration system to 
  8.16  register vehicles under this section.  
  8.17     (d) Each deputy registrar of motor vehicles acting under 
  8.18  section 168.33, is also a deputy registrar of all-terrain 
  8.19  vehicles.  The commissioner of natural resources in agreement 
  8.20  with the commissioner of public safety may prescribe the 
  8.21  accounting and procedural requirements necessary to assure 
  8.22  efficient handling of registrations and registration fees. 
  8.23  Deputy registrars shall strictly comply with the accounting and 
  8.24  procedural requirements.  
  8.25     (e) A fee of $2 in addition to other fees prescribed by law 
  8.26  shall be charged for each vehicle registered by: 
  8.27     (1) a deputy registrar and shall be deposited in the 
  8.28  treasury of the jurisdiction where the deputy is appointed, or 
  8.29  retained if the deputy is not a public official; or 
  8.30     (2) the commissioner and shall be deposited to the state 
  8.31  treasury and credited to the all-terrain vehicle account in the 
  8.32  natural resources fund. 
  8.33     (f) An all-terrain vehicle must display registration plates 
  8.34  issued by the commissioner.  The commissioner shall issue plates 
  8.35  not less than four inches high and 7-1/2 inches wide.  The 
  8.36  plates must be attached to the front and rear of the vehicle at 
  9.1   least 12 inches from the ground.  Plates must be maintained in a 
  9.2   clean and legible condition. 
  9.3      Sec. 9.  Minnesota Statutes 2000, section 84.927, 
  9.4   subdivision 2, is amended to read: 
  9.5      Subd. 2.  [PURPOSES.] Subject to appropriation by the 
  9.6   legislature, (a) Money in the all-terrain vehicle account is 
  9.7   appropriated to the commissioner and may only be spent for the 
  9.8   following purposes, listed in order of priority:  
  9.9      (1) the education and training program under section 
  9.10  84.925; 
  9.11     (2) administration and implementation of to enforce 
  9.12  sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 
  9.13  and 10; including, but not limited to, increasing the number of 
  9.14  conservation officers available for enforcement and increasing 
  9.15  funding to programs and divisions that are financially unable to 
  9.16  fulfill statutory and rule enforcement requirements; 
  9.17     (2) to monitor ongoing impacts of all-terrain vehicle use; 
  9.18     (3) to make reparations for personal injuries or public or 
  9.19  private property damage resulting from the use of all-terrain 
  9.20  vehicles; 
  9.21     (4) to conduct environmental assessment worksheets and 
  9.22  environmental impact statements under section 84.785, 
  9.23  subdivision 2; 
  9.24     (3) acquisition, maintenance, and development of (5) to 
  9.25  maintain designated state all-terrain vehicle trails and use 
  9.26  areas; 
  9.27     (6) to fund state safety and environmental programs for 
  9.28  all-terrain vehicle use; 
  9.29     (7) to fund grants-in-aid to local safety and environmental 
  9.30  programs for all-terrain vehicle use; and 
  9.31     (4) (8) to fund grant-in-aid programs to counties and 
  9.32  municipalities to construct and maintain local all-terrain 
  9.33  vehicle trails and use areas; and 
  9.34     (5) grants-in-aid to local safety programs. 
  9.35     (b) The distribution of funds made available through 
  9.36  grant-in-aid programs must be guided by the statewide 
 10.1   comprehensive outdoor recreation plan. 
 10.2      (c) Money remaining in the account after fulfilling the 
 10.3   priorities of paragraph (a) may be appropriated by the 
 10.4   legislature for acquisition and development of trails designated 
 10.5   for use by all-terrain vehicles.  Notwithstanding any law to the 
 10.6   contrary, development of a trail with money appropriated under 
 10.7   this paragraph is subject to environmental review according to 
 10.8   section 84.785, subdivision 2. 
 10.9      (d) In determining the amount of money to be allocated for 
 10.10  enforcement purposes under paragraph (a), clause (1), the 
 10.11  commissioner shall consider: 
 10.12     (1) the number of all-terrain vehicles using state lands, 
 10.13  by enforcement region; 
 10.14     (2) the number of all-terrain vehicles using a particular 
 10.15  outdoor recreation unit in relation to the size of the unit and 
 10.16  the type, speed, and size of all-terrain vehicles used; 
 10.17     (3) the acreage of state land within each enforcement 
 10.18  region; 
 10.19     (4) the extent to which violations are cited in each 
 10.20  enforcement region; 
 10.21     (5) the overall performance of each enforcement region; 
 10.22     (6) special considerations, such as volume of transient, 
 10.23  nonresident, or rental all-terrain vehicles or extremely large 
 10.24  outdoor recreation units; and 
 10.25     (7) any other factor as determined by the commissioner. 
 10.26     Sec. 10.  Minnesota Statutes 2000, section 84.928, 
 10.27  subdivision 1, is amended to read: 
 10.28     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 10.29  A person shall not operate an all-terrain vehicle along or on 
 10.30  the roadway, shoulder, or inside bank or slope of a public road 
 10.31  right-of-way other than in the ditch or the outside bank or 
 10.32  slope of a trunk, county state-aid, or county highway in this 
 10.33  state unless otherwise allowed in sections 84.92 to 
 10.34  84.929 off-road within a public road right-of-way in this state 
 10.35  except on a trail designated by the commissioner and approved by 
 10.36  the unit of government having jurisdiction over the right-of-way.
 11.1      (b) A person may operate an all-terrain vehicle registered 
 11.2   for private use and used for agricultural purposes on a public 
 11.3   road right-of-way of a trunk, county state-aid, or county 
 11.4   highway in this state if the all-terrain vehicle is operated on 
 11.5   the extreme right-hand side of the road, and left turns may be 
 11.6   made from any part of the road if it is safe to do so under the 
 11.7   prevailing conditions.  
 11.8      (c) A person shall not operate an all-terrain vehicle 
 11.9   within the public road right-of-way of a trunk, county 
 11.10  state-aid, or county highway from April 1 to August 1 in the 
 11.11  agricultural zone unless the vehicle is being used exclusively 
 11.12  as transportation to and from work on agricultural lands.  This 
 11.13  paragraph does not apply to an agent or employee of a road 
 11.14  authority, as defined in section 160.02, subdivision 9, or the 
 11.15  department of natural resources when performing or exercising 
 11.16  official duties or powers. 
 11.17     (d) A person shall not operate an all-terrain vehicle 
 11.18  within the public road right-of-way of a trunk, county 
 11.19  state-aid, or county highway between the hours of one-half hour 
 11.20  after sunset to one-half hour before sunrise, except on the 
 11.21  right-hand side of the right-of-way and in the same direction as 
 11.22  the highway traffic on the nearest lane of the adjacent roadway. 
 11.23     (e) A person shall not operate an all-terrain vehicle at 
 11.24  any time within the right-of-way of an interstate highway or 
 11.25  freeway within this state. 
 11.26     Sec. 11.  [REPEALER.] 
 11.27     Minnesota Statutes 2000, section 84.926, is repealed.