HF 3796

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 04:16pm

A bill for an act
relating to natural resources; establishing liability for costs incurred for search and
rescue operations on unsafe ice; requiring county sheriff reimbursement;
appropriating money; amending Minnesota Statutes 2022, section 86B.106;
proposing coding for new law in Minnesota Statutes, chapter 86B.

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

Section 1.

Minnesota Statutes 2022, section 86B.106, is amended to read:

86B.106 BARRING VEHICLES FROM UNSAFE ICE.

(a) Whenever ice conditions on a body of water deteriorate to such an extent that there
is substantial danger to persons using motorized vehicles, including snowmobiles and
all-terrain vehicles, the sheriff of the county where the body of water is located may prohibit
or restrict the use of motorized vehicles on all or a portion of the body of water. If the body
of water is located in more than one county, all counties involved must coordinate any
prohibitions or restrictions that are imposed. A county sheriff acting under this section shall,
as soon as practicable, post all common access sites and publicize the prohibitions or
restrictions. The commissioner must be notified immediately and may review and suspend
any restrictions imposed. Restrictions may be lifted as soon as conditions warrant.

(b) A person may not operate a motorized vehicle in violation of a prohibition or
restriction imposed under this section.

(c) This section does not apply to a person who:

(1) is a member of a sanctioned circuit watercross association and can provide proof of
membership;

(2) operates a snowmobile with a silenced exhaust and is practicing for a sanctioned
event; and

(3) receives written permission from a conservation officer who must set the date, time,
and location of the practice.

new text begin (c) A person who operates a motorized vehicle in violation of a prohibition or restriction
imposed under this section is liable for the costs incurred by local law enforcement agencies
for search and rescue operations resulting from the violation. Where two or more persons
violate this section, resulting in a search and rescue operation, each person is jointly and
severally liable for costs incurred by local law enforcement agencies.
new text end

Sec. 2.

new text begin [86B.1065] COUNTY SHERIFF COSTS FOR UNSAFE ICE SEARCH AND
RESCUE.
new text end

new text begin (a) A county sheriff must be reimbursed for all costs that are over and above the county
sheriff's regular operating budget and that are incurred from search and rescue operations
due to recreational activities on unsafe ice. Reimbursement may include reimbursements
made by the commissioner of natural resources with available appropriations, reimbursements
under section 86B.106, or other available federal, state, and local funds.
new text end

new text begin (b) Nothing in this section is to be construed to make the state or a political subdivision
liable in a contribution claim by a person liable for reimbursement under section 86B.106.
new text end

Sec. 3. new text begin UNSAFE ICE SEARCH AND RESCUE REIMBURSEMENT;
APPROPRIATION.
new text end

new text begin $....... in fiscal year 2025 is appropriated from the general fund to the commissioner of
natural resources to reimburse county sheriffs and other local law enforcement agencies for
search and rescue operations related to recreational activities on unsafe ice. Activities eligible
for reimbursement under this appropriation must be of an unusual and nonrecurring nature
that are over and above the county sheriff or other agency's regular operating budget and
include but are not limited to rental of private equipment and employment of personnel
hired expressly for the search and rescue operation. Reimbursement under this appropriation
is limited to 50 percent of the reimbursable costs subject to a maximum state payment of
$5,000 per agency for each search and rescue operation.
new text end