HF 2793

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; providing funding for 
  1.3             local governments to enforce off-highway vehicle and 
  1.4             snowmobile law and to repair damage caused by 
  1.5             off-highway vehicles and snowmobiles; appropriating 
  1.6             money; amending Minnesota Statutes 2002, sections 
  1.7             84.794, subdivision 2; 84.83, subdivision 3; Minnesota 
  1.8             Statutes 2003 Supplement, sections 84.780; 84.803, 
  1.9             subdivision 2; 84.927, subdivision 2. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.12  84.780, is amended to read: 
  1.13     84.780 [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 
  1.14     (a) Subdivision 1.  [CREATION; PURPOSE.] The off-highway 
  1.15  vehicle damage account is created in the natural resources 
  1.16  fund.  Money in the off-highway vehicle damage account is 
  1.17  appropriated to the commissioner of natural resources for the 
  1.18  repair or restoration of property damaged by the operation of 
  1.19  off-highway vehicles in an unpermitted area after August 1, 
  1.20  2003, and for the costs of administration for this section.  
  1.21     Subd. 2.  [PRIVATE PROPERTY DAMAGE.] Before the 
  1.22  commissioner may make a payment from this account for damage to 
  1.23  private property, the commissioner must determine whether the 
  1.24  damage to the property was caused by the unpermitted use of 
  1.25  off-highway vehicles, that the applicant has made reasonable 
  1.26  efforts to identify the responsible individual and obtain 
  1.27  payment from the individual, and that the applicant has made 
  2.1   reasonable efforts to prevent reoccurrence.  By June 30, 2005, 
  2.2   the commissioner of finance must transfer the remaining balance 
  2.3   in the account to the off-highway motorcycle account under 
  2.4   section 84.794, the off-road vehicle account under section 
  2.5   84.803, and the all-terrain vehicle account under section 
  2.6   84.927.  The amount transferred to each account must be 
  2.7   proportionate to the amounts received in the damage account from 
  2.8   the relevant off-highway vehicle accounts. 
  2.9      (b) This section expires July 1, 2005. 
  2.10     Subd. 3.  [PUBLIC PROPERTY DAMAGE.] A local unit of 
  2.11  government may submit a claim to the commissioner for the cost 
  2.12  of repair or restoration of property under the jurisdiction of 
  2.13  the applicant that has been damaged by off-highway vehicle use.  
  2.14  The commissioner may request any information necessary to 
  2.15  evaluate the claim. 
  2.16     Sec. 2.  Minnesota Statutes 2002, section 84.794, 
  2.17  subdivision 2, is amended to read: 
  2.18     Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
  2.19  legislature, money in the off-highway motorcycle account may 
  2.20  only be spent for: 
  2.21     (1) administration, enforcement, and implementation of 
  2.22  sections 84.787 84.773 to 84.796; 
  2.23     (2) acquisition, maintenance, and development of 
  2.24  off-highway motorcycle trails and use areas; and 
  2.25     (3) grants-in-aid to counties and municipalities to 
  2.26  construct and maintain off-highway motorcycle trails and use 
  2.27  areas; and 
  2.28     (4) grants-in-aid to counties and municipalities to enforce 
  2.29  sections 84.773 to 84.796 and to repair damage caused by 
  2.30  off-highway motorcycle use. 
  2.31     (b) The distribution of funds made available for 
  2.32  grants-in-aid must be guided by the statewide comprehensive 
  2.33  outdoor recreation plan. 
  2.34     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.35  84.803, subdivision 2, is amended to read: 
  2.36     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
  3.1   legislature, money in the off-road vehicle account may only be 
  3.2   spent for: 
  3.3      (1) administration, enforcement, and implementation of 
  3.4   sections 84.773 to 84.780 and 84.797 to 84.805; 
  3.5      (2) acquisition, maintenance, and development of off-road 
  3.6   vehicle trails and use areas; 
  3.7      (3) grant-in-aid programs to counties and municipalities to 
  3.8   construct and maintain off-road vehicle trails and use areas; 
  3.9      (4) grants-in-aid to local safety programs; and 
  3.10     (5) enforcement and public education grants to local law 
  3.11  enforcement agencies; and 
  3.12     (6) grants-in-aid to counties and municipalities to enforce 
  3.13  sections 84.773 to 84.780 and 84.797 to 84.805 and to repair 
  3.14  damage caused by off-road vehicle use. 
  3.15     Sec. 4.  Minnesota Statutes 2002, section 84.83, 
  3.16  subdivision 3, is amended to read: 
  3.17     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
  3.18  in the account and interest earned on that money may be expended 
  3.19  only as appropriated by law for the following purposes:  
  3.20     (1) for a grant-in-aid program to counties and 
  3.21  municipalities for construction and maintenance of snowmobile 
  3.22  trails, including maintenance of trails on lands and waters of 
  3.23  Voyageurs National Park; 
  3.24     (2) for acquisition, development, and maintenance of state 
  3.25  recreational snowmobile trails; 
  3.26     (3) for snowmobile safety programs; and 
  3.27     (4) for the administration and enforcement of sections 
  3.28  84.81 to 84.91 and appropriated grants to local law enforcement 
  3.29  agencies; and 
  3.30     (5) for grants-in-aid to counties and municipalities to 
  3.31  enforce sections 84.81 to 84.91 and to repair damage caused by 
  3.32  snowmobile use.  
  3.33     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  3.34  84.927, subdivision 2, is amended to read: 
  3.35     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
  3.36  legislature, money in the all-terrain vehicle account may only 
  4.1   be spent for:  
  4.2      (1) the education and training program under section 
  4.3   84.925; 
  4.4      (2) administration, enforcement, and implementation of 
  4.5   sections 84.773 to 84.780 and 84.92 to 84.929; 
  4.6      (3) acquisition, maintenance, and development of vehicle 
  4.7   trails and use areas; 
  4.8      (4) grant-in-aid programs to counties and municipalities to 
  4.9   construct and maintain all-terrain vehicle trails and use areas; 
  4.10     (5) grants-in-aid to local safety programs; and 
  4.11     (6) enforcement and public education grants to local law 
  4.12  enforcement agencies; and 
  4.13     (7) grants-in-aid to counties and municipalities to enforce 
  4.14  sections 84.773 to 84.780 and 84.92 to 84.929 and to repair 
  4.15  damage caused by all-terrain vehicle use. 
  4.16     The distribution of funds made available through 
  4.17  grant-in-aid programs must be guided by the statewide 
  4.18  comprehensive outdoor recreation plan. 
  4.19     Sec. 6.  [APPROPRIATION.] 
  4.20     $....... is appropriated to the commissioner of natural 
  4.21  resources from the natural resources fund for grants to counties 
  4.22  and statutory or home rule charter cities to complete 
  4.23  comprehensive assessments of damage caused by off-highway 
  4.24  vehicles and for partial restoration of land damaged by 
  4.25  off-highway vehicles to protect water quality, roadways, 
  4.26  historic sites and other infrastructures, and public access.  Of 
  4.27  this amount, $....... is from the off-highway motorcycle 
  4.28  account, $....... is from the off-road vehicle account, and 
  4.29  $....... is from the all-terrain vehicle account.