Minnesota Legislature
HF 1796
as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:21am
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 01/13/2012 |
Current Version - as introduced
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A bill for an act
relating to natural resources; providing for snowmobile registration by agents;
modifying snowmobile registration and trail sticker requirements; modifying
fees; providing for disposition of fees; authorizing rulemaking; amending
Minnesota Statutes 2010, sections 84.82, subdivisions 2, 3, by adding a
subdivision; 84.8205, subdivision 1; 84.83, subdivisions 2, 3; 84.86, subdivision
1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 84.82, subdivision 2, is amended to read:
Subd. 2.
Application, issuance, deleted text begin reports, additionaldeleted text end new text begin issuingnew text end fee.
(a) Application for
registration or reregistration shall be made to the commissioner deleted text begin ordeleted text end new text begin ,new text end an authorized deputy
registrar of motor vehiclesnew text begin , or an agent appointed by the commissioner according to
subdivision 12new text end in a format prescribed by the commissioner and shall state the legal name
and address of every owner of the snowmobile.
(b) A person who purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
21-day registration permit to each purchaser who applies to the dealer for registration.
The temporary permit must contain the dealer's identification number and phone number.
Each retail dealer shall submit completed registration and fees deleted text begin to the deputy registrardeleted text end at
least once a week. No fee may be charged by a dealer to a purchaser for providing the
temporary permit.
(c) Upon receipt of the application and the appropriate fee deleted text begin as hereinafter provideddeleted text end ,
the commissioner deleted text begin ordeleted text end new text begin ,new text end deputy registrarnew text begin , or agentnew text end shall issue to the applicant, or provide
to the dealer, an assigned registration number or a deleted text begin commissioner or deputy registrardeleted text end
temporary 21-day permit. Once issued, the registration deleted text begin numberdeleted text end new text begin decalnew text end must be affixed to
the snowmobile in a clearly visible and permanent manner for enforcement purposes as
the commissioner of natural resources shall prescribe. A dealer subject to paragraph (b)
shall provide the registration materials or temporary permit to the purchaser within the
temporary 21-day permit period. The registration is not valid unless signed by at least one
owner. deleted text begin The temporary permit must indicate whether a snowmobile state trail sticker under
section 84.8205 was purchased.
deleted text end
(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall
also be a deputy registrar of snowmobiles. The commissioner of natural resources in
agreement with the commissioner of public safety may prescribe the accounting and
procedural requirements necessary to assure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with these accounting and
procedural requirements.
(e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:
(1) each snowmobile registered by the registrar or a deputy registrar and the
additional fee shall be disposed of in the manner provided in section 168.33, subdivision
2; deleted text begin or
deleted text end
(2) each snowmobile registered by the commissioner and the additional fee shall
be deposited in the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources funddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) each snowmobile registered by an agent and the additional fee may be retained
by the agent.
new text end
Sec. 2.
Minnesota Statutes 2010, section 84.82, subdivision 3, is amended to read:
Subd. 3.
Fees for registration.
(a) The fee for registration of each snowmobile,
other than those used for an agricultural purpose, as defined in section 84.92, subdivision
1c, or those registered by a dealer or manufacturer pursuant to paragraph (b) or (c) shall be
as follows: deleted text begin $45deleted text end new text begin $75new text end for three years and deleted text begin $4deleted text end new text begin $10new text end for a duplicate or transfer.
(b) The total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.
(c) The total registration fee for all snowmobiles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes shall be $150
per year. Dealer and manufacturer registrations are not transferable.
(d) The onetime fee for registration of an exempt snowmobile under subdivision
6a is $6.
Sec. 3.
Minnesota Statutes 2010, section 84.82, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin Registration agents. new text end
new text begin
The commissioner may appoint agents to issue
snowmobile registrations. The commissioner may revoke the appointment of an agent
at any time. The commissioner may adopt additional rules as provided in section
97A.485, subdivision 11. An agent shall observe all rules adopted by the commissioner
for accounting and handling of snowmobile registrations pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of snowmobile registrations, exclusive of the issuing fee, to the commissioner.
new text end
Sec. 4.
Minnesota Statutes 2010, section 84.8205, subdivision 1, is amended to read:
Subdivision 1.
Sticker required; fee.
(a) deleted text begin Except as provided in paragraph (b),
a persondeleted text end new text begin A snowmobile that is not registered in the state or that is registered by a
manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c),new text end may not
deleted text begin operate a snowmobiledeleted text end new text begin be operatednew text end on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile.
new text begin (b) new text end The commissioner of natural resources shall issue a sticker upon application
and payment of a deleted text begin $15deleted text end fee. The fee deleted text begin for a three-year snowmobile state trail sticker that is
purchased at the time of snowmobile registration is $30deleted text end new text begin is:
new text end
new text begin
(1) $35 for a one-year snowmobile state trail sticker purchased by an individual; and
new text end
new text begin (2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or
manufacturernew text end .
new text begin (c) new text end In addition to other penalties prescribed by law, deleted text begin a persondeleted text end new text begin an individualnew text end in
violation of this subdivision must purchase an annual state trail sticker for a fee of deleted text begin $30deleted text end new text begin
$70new text end . The sticker is valid from November 1 through June 30. Fees collected under this
section, except for the issuing fee for licensing agents, shall be deposited in the state
treasury and credited to the snowmobile trails and enforcement account in the natural
resources fund and, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid,
trail maintenance, grooming, and easement acquisition.
deleted text begin (b)deleted text end new text begin (d)new text end A state trail sticker is not required under this section for:
(1) deleted text begin a snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;
deleted text end
deleted text begin (2)deleted text end a snowmobile that is owned and used by the United States, an Indian tribal
government, another state, or a political subdivision thereof that is exempt from
registration under section 84.82, subdivision 6;
deleted text begin (3)deleted text end new text begin (2)new text end a collector snowmobile that is operated as provided in a special permit issued
for the collector snowmobile under section 84.82, subdivision 7a;
deleted text begin (4)deleted text end new text begin (3)new text end a person operating a snowmobile only on the portion of a trail that is owned
by the person or the person's spouse, child, or parent; or
deleted text begin (5)deleted text end new text begin (4)new text end a snowmobile while being used to groom a state or grant-in-aid trail.
deleted text begin
(c) A temporary registration permit issued by a dealer under section 84.82,
subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
included with the registration application fee.
deleted text end
Sec. 5.
Minnesota Statutes 2010, section 84.83, subdivision 2, is amended to read:
Subd. 2.
Money deposited in the account.
Fees from the registration of
snowmobilesnew text begin and from the issuance of snowmobile state trail stickersnew 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. 6.
Minnesota Statutes 2010, section 84.83, subdivision 3, is amended to read:
Subd. 3.
Purposes for the accountnew text begin ; allocationnew text end .
new text begin (a) new text end The money deposited in the
account and interest earned on that money may be expended only as appropriated by
law for the following purposes:
(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trails, including maintenance of trails on lands and waters of
Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
and on the following lakes in Cook County: Devil Track and Hungry Jack;
(2) for acquisition, development, and maintenance of state recreational snowmobile
trails;
(3) for snowmobile safety programs; and
(4) for the administration and enforcement of sections 84.81 to 84.91 and
appropriated grants to local law enforcement agencies.
new text begin
(b) No less than ....... percent of revenue collected from snowmobile registration
and snowmobile state trail sticker fees must be expended for grants-in-aid to develop,
maintain, and groom trails and acquire easements.
new text end
Sec. 7.
Minnesota Statutes 2010, section 84.86, subdivision 1, is amended to read:
Subdivision 1.
Required rules.
With a view of achieving maximum use of
snowmobiles consistent with protection of the environment the commissioner of natural
resources shall adopt rules in the manner provided by chapter 14, for the following
purposes:
(1) Registration of snowmobiles and display of registration deleted text begin numbersdeleted text end new text begin decalsnew text end .
(2) Use of snowmobiles insofar as game and fish resources are affected.
(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and cities, which are necessary
or desirable to control, direct, or regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety education and training
program, including but not limited to the preparation and dissemination of snowmobile
information and safety advice to the public, the training of snowmobile operators, and
the issuance of snowmobile safety certificates to snowmobile operators who successfully
complete the snowmobile safety education and training course. For the purpose of
administering such program and to defray expenses of training and certifying snowmobile
operators, the commissioner shall collect a fee from each person who receives the
youth or adult training. The commissioner shall collect a fee, to include a $1 issuing
fee for licensing agents, for issuing a duplicate snowmobile safety certificate. The
commissioner shall establish both fees in a manner that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in providing the services.
The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply. The fees may be established by the commissioner notwithstanding
section 16A.1283. The fees, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the snowmobile trails and enforcement account in the
natural resources fund and the amount thereof, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, and
issuing fees collected by the commissioner, is appropriated annually to the Enforcement
Division of the Department of Natural Resources for the administration of such programs.
In addition to the fee established by the commissioner, instructors may charge each person
up to the established fee amount for class materials and expenses. The commissioner shall
cooperate with private organizations and associations, private and public corporations,
and local governmental units in furtherance of the program established under this clause.
School districts may cooperate with the commissioner and volunteer instructors to
provide space for the classroom portion of the training. The commissioner shall consult
with the commissioner of public safety in regard to training program subject matter and
performance testing that leads to the certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of any person or total damage
to an extent of $500 or more, shall forward a written report of the accident to the
commissioner on such form as the commissioner shall prescribe. If the operator is killed
or is unable to file a report due to incapacitation, any peace officer investigating the
accident shall file the accident report within ten business days.
Sec. 8. new text begin TRANSITION.
new text end
new text begin
An individual who, on the effective date of this act, possesses an unexpired
snowmobile registration that was issued before the effective date of this act and who was
required to display a valid snowmobile state trail sticker before the effective date of this
act must continue to display a valid snowmobile state trail sticker according to Minnesota
Statutes 2010, section 84.8205, until such time as the snowmobile registration is renewed
under the terms of this act.
new text end
Sec. 9. new text begin CONFORMING RULEMAKING.
new text end
new text begin
The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
chapter 6100, to conform to sections 1 to 8. Minnesota Statutes, section 14.386, does
not apply to rulemaking under this section, except as provided in Minnesota Statutes,
section 14.388.
new text end