SF 2786

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 09:30am

A bill for an act
relating to natural resources; modifying regulation of off-highway vehicles;
providing for donations to fund trails; modifying information on driver's license
and identification card; requiring rulemaking; amending Minnesota Statutes
2012, sections 84.773, by adding a subdivision; 84.788, by adding a subdivision;
84.791, subdivision 4; 84.794, subdivision 1; 84.798, by adding a subdivision;
84.803, subdivision 1; 84.82, by adding a subdivision; 84.83, subdivision 2;
84.922, by adding a subdivision; 84.925, subdivision 3; 85.41, by adding a
subdivision; 85.43; 85.46, subdivision 6, by adding a subdivision; 171.07, by
adding a subdivision; Minnesota Statutes 2013 Supplement, section 84.9256,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Section 1.

Minnesota Statutes 2012, section 84.773, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Taconite State Trail; Lake Vermilion and Bear Head Lake State Parks.
new text end

new text begin Notwithstanding subdivision 1, operation of off-highway vehicles is permitted on the
Taconite State Trail and in Lake Vermilion and Bear Head Lake State Parks in areas
designated for such use under the master plan for each unit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, or when the
commissioner of natural resources completes the master plan revisions under section 18,
whichever occurs sooner.
new text end

Sec. 2.

Minnesota Statutes 2012, section 84.788, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Grant-in-aid donations. new text end

new text begin (a) At the time of registration, a person may
agree to add a donation of $5, $10, or $20 to the off-highway motorcycle registration
fee for grant-in-aid off-highway motorcycle trails. An additional commission may not
be assessed on the donation. The commissioner shall offer the opportunity to make a
donation under this subdivision to all registrants and shall issue a recognition grant-in-aid
trail sticker to registrants contributing $20.
new text end

new text begin (b) Money donated under this subdivision shall be deposited in the off-highway
motorcycle account in the natural resources fund and shall be used for the grant-in-aid
program as provided under section 84.794, subdivision 2, paragraph (a), clause (3).
new text end

Sec. 3.

Minnesota Statutes 2012, section 84.791, subdivision 4, is amended to read:

Subd. 4.

Off-highway motorcycle safety courses; reciprocity with other states new text begin ;
accepted equivalencies new text end .

new text begin (a) new text end The commissioner may enter into reciprocity agreements
or otherwise certify off-highway motorcycle environment and safety education and
training courses from other states that are substantially similar to in-state courses. Proof
of completion of a course subject to a reciprocity agreement or certified as substantially
similar is adequate to meet the safety certificate requirements of sections 84.787 to 84.795.

new text begin (b) Proof of completion of the Motorcycle Safety Foundation Dirtbike School is
adequate to meet the safety certificate requirements of sections 84.787 to 84.795.
new text end

Sec. 4.

Minnesota Statutes 2012, section 84.794, subdivision 1, is amended to read:

Subdivision 1.

Registration revenue.

Fees from the registration of off-highway
motorcycles new text begin , donations received under section 84.788, subdivision 13, new text end and the unrefunded
gasoline tax attributable to off-highway motorcycle use under section 296A.18 must be
deposited in the state treasury and credited to the off-highway motorcycle account in
the natural resources fund.

Sec. 5.

new text begin [84.7945] NONRESIDENT OFF-HIGHWAY MOTORCYCLE STATE
TRAIL PASS.
new text end

new text begin Subdivision 1. new text end

new text begin Pass required; fee. new text end

new text begin (a) A tribal member exempt from registration
under section 84.788, subdivision 2, clause (2), or a nonresident may not operate an
off-highway motorcycle on a state or grant-in-aid off-highway motorcycle trail unless the
operator carries a valid nonresident off-highway motorcycle state trail pass in immediate
possession. The pass must be available for inspection by a peace officer, a conservation
officer, or an employee designated under section 84.0835.
new text end

new text begin (b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the off-highway motorcycle 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 to counties and municipalities for off-highway motorcycle organizations to
construct and maintain off-highway motorcycle trails and use areas.
new text end

new text begin (c) A nonresident off-highway motorcycle state trail pass is not required for:
new text end

new text begin (1) an off-highway motorcycle that is owned and used by the United States, another
state, or a political subdivision thereof that is exempt from registration under section
84.788, subdivision 2;
new text end

new text begin (2) a person operating an off-highway motorcycle only on the portion of a trail that
is owned by the person or the person's spouse, child, or parent; or
new text end

new text begin (3) a nonresident operating an off-highway motorcycle that is registered according
to section 84.788.
new text end

new text begin Subd. 2. new text end

new text begin License agents. new text end

new text begin The commissioner may appoint agents to issue and sell
nonresident off-highway motorcycle state trail passes. 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 passes pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Issuance of passes. new text end

new text begin The commissioner and agents shall issue and sell
nonresident off-highway motorcycle state trail passes. The commissioner shall also make
the passes available through the electronic licensing system established under section
84.027, subdivision 15.
new text end

new text begin Subd. 4. new text end

new text begin Agent's fee. new text end

new text begin In addition to the fee for a pass, an issuing fee of $1 per pass
shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees
for passes issued by the commissioner shall be deposited in the off-highway motorcycle
account in the natural resources fund and retained for the operation of the electronic
licensing system.
new text end

new text begin Subd. 5. new text end

new text begin Duplicate passes. new text end

new text begin The commissioner and agents shall issue a duplicate
pass to persons whose pass is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
off-highway motorcycle state trail pass is $2, with an issuing fee of 50 cents.
new text end

Sec. 6.

Minnesota Statutes 2012, section 84.798, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Grant-in-aid trail donations. new text end

new text begin (a) At the time of registration, a person
may agree to add a donation of $5, $10, or $20 to the off-road vehicle registration fee for
grant-in-aid off-road vehicle trails. An additional commission may not be assessed on
the donation. The commissioner shall offer the opportunity to make a donation under
this subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker
to registrants contributing $20.
new text end

new text begin (b) Money donated under this subdivision shall be deposited in the off-road vehicle
account in the natural resources fund and shall be used for the grant-in-aid program as
provided under section 84.803, subdivision 2, clause (3).
new text end

Sec. 7.

Minnesota Statutes 2012, section 84.803, subdivision 1, is amended to read:

Subdivision 1.

Registration revenue.

Fees from the registration of off-road
vehicles new text begin , donations received under section 84.798, subdivision 11, new text end and unrefunded
gasoline tax attributable to off-road vehicle use under section 296A.18 must be deposited in
the state treasury and credited to the off-road vehicle account in the natural resources fund.

Sec. 8.

Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Grant-in-aid trail donations. new text end

new text begin (a) At the time of registration, a person
may agree to add a donation of $5, $10, or $20 to the snowmobile registration fee for
grant-in-aid snowmobile trails. An additional commission may not be assessed on the
donation. The commissioner shall offer the opportunity to make a donation under this
subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
registrants contributing $20.
new text end

new text begin (b) Money donated under this subdivision shall be deposited in the snowmobile trails
and enforcement account in the natural resources fund and shall be used for the grant-in-aid
program as provided under section 84.83, subdivision 3, paragraph (a), clause (1).
new text end

Sec. 9.

Minnesota Statutes 2012, section 84.83, subdivision 2, is amended to read:

Subd. 2.

Money deposited in the account.

Fees from the registration of
snowmobiles and from the issuance of snowmobile state trail stickers new text begin , donations received
under section 84.82, subdivision 12, new 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. 10.

Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Grant-in-aid trail contributions. new text end

new text begin (a) At the time of registration, a person
may agree to add a donation of $5, $10, or $20 for grant-in-aid trails. The commissioner
shall issue a recognition grant-in-aid trail sticker to registrants contributing $20.
new text end

new text begin (b) Money contributed under this subdivision shall be deposited in the state treasury
and credited to the all-terrain vehicle account and is dedicated for the grant-in-aid trail
program.
new text end

Sec. 11.

Minnesota Statutes 2012, section 84.925, subdivision 3, is amended to read:

Subd. 3.

All-terrain vehicle safety courses; reciprocity with other states new text begin ;
accepted equivalencies new text end .

new text begin (a) new text end The commissioner may enter into reciprocity agreements
or otherwise certify all-terrain vehicle environmental and safety education and training
courses from other states that are substantially similar to in-state courses. Proof of
completion of a course subject to a reciprocity agreement or certified as substantially
similar is adequate to meet the safety certificate requirements of sections 84.92 to 84.928.

new text begin (b) Proof of completion of training offered by the All-Terrain Vehicle Safety Institute
is adequate to meet the safety certificate requirements of sections 84.92 to 84.928.
new text end

Sec. 12.

Minnesota Statutes 2013 Supplement, section 84.9256, subdivision 1, is
amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on
public road rights-of-way that is permitted under section 84.928 and as provided under
deleted text begin paragraph deleted text end new text begin paragraphs (c) and new text end (j), a driver's license issued by the state or another state is
required to operate an all-terrain vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of
age but less than 16 years may new text begin :
new text end

new text begin (1) new text end make a direct crossing of a public road right-of-way of a trunk, county state-aid,
or county highway or operate on public lands and waters or state or grant-in-aid trails,
only if that person possesses a valid all-terrain vehicle safety certificate issued by the
commissioner and is accompanied by a person 18 years of age or older who holds a valid
driver's license new text begin ; and
new text end

new text begin (2) operate on a county state-aid, county, or township road right-of-way as permitted
under section 84.928 if that person possesses a valid all-terrain vehicle safety certificate
issued by the commissioner and is accompanied by a person 18 years of age or older
who holds a valid drivers's license new text end .

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than 18 years old, must:

(1) successfully complete the safety education and training program under section
84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
control the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
16 years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
or state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain
safety course offered by the ATV Safety Institute or another state as provided in section
84.925, subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who
holds a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under
section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

Sec. 13.

Minnesota Statutes 2012, section 85.41, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Grant-in-aid trail donations. new text end

new text begin (a) At the time of purchasing the pass
required under subdivision 1, a person may agree to add a donation of $5, $10, or $20
to the cross-country ski pass fee for grant-in-aid cross-country ski trails. An additional
commission may not be assessed on the donation. The commissioner shall offer the
opportunity to make a donation under this subdivision to all pass purchasers and shall
issue a recognition grant-in-aid trail sticker to a person contributing $20.
new text end

new text begin (b) Money donated under this subdivision shall be deposited in the cross-country ski
account in the natural resources fund and shall be used for the grant-in-aid program as
provided under section 85.43, paragraph (a), clause (1).
new text end

Sec. 14.

Minnesota Statutes 2012, section 85.43, is amended to read:

85.43 DISPOSITION OF RECEIPTS; PURPOSE.

(a) Fees from cross-country ski passes new text begin and donations received under section 85.41,
subdivision 6, new text end shall be deposited in the state treasury and credited to a cross-country ski
account in the natural resources fund and, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, are
appropriated to the commissioner of natural resources for the following purposes:

(1) grants-in-aid for cross-country ski trails to:

(i) counties and municipalities for construction and maintenance of cross-country
ski trails; and

(ii) special park districts as provided in section 85.44 for construction and
maintenance of cross-country ski trails; and

(2) administration of the cross-country ski trail grant-in-aid program.

(b) Development and maintenance of state cross-country ski trails are eligible for
funding from the cross-country ski account if the money is appropriated by law.

Sec. 15.

Minnesota Statutes 2012, section 85.46, subdivision 6, is amended to read:

Subd. 6.

Disposition of receipts.

Fees new text begin and donations new text end collected under this section,
except for the issuing fee, shall be deposited in the state treasury and credited to the horse
pass account in the natural resources fund. Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, the
fees are appropriated to the commissioner of natural resources for trail acquisition, trail
and facility development, and maintenance, enforcement, and rehabilitation of horse
trails or trails authorized for horse use, whether for riding, leading, or driving, on land
administered by the commissioner.

Sec. 16.

Minnesota Statutes 2012, section 85.46, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Trail donations. new text end

new text begin At the time of purchasing the pass required under
subdivision 1, a person may agree to add a donation of $5, $10, or $20 to the horse pass
fee for horse trails. An additional commission may not be assessed on the donation. The
commissioner shall offer the opportunity to make a donation under this subdivision to all
pass purchasers and shall issue a recognition trail sticker to a person contributing $20.
new text end

Sec. 17.

Minnesota Statutes 2012, section 171.07, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin All-terrain vehicle safety certificate. new text end

new text begin (a) The department shall maintain
in its records information transmitted electronically from the commissioner of natural
resources identifying each person to whom the commissioner has issued an all-terrain
vehicle safety certificate. The records transmitted from the Department of Natural
Resources must contain the full name and date of birth as required for the driver's license
or identification card. Records that are not matched to a driver's license or identification
card record may be deleted after seven years.
new text end

new text begin (b) After receiving information under paragraph (a) that a person has received an
all-terrain vehicle safety certificate, the department shall include, on all drivers' licenses
or Minnesota identification cards subsequently issued to the person, a graphic or written
indication that the person has received the certificate.
new text end

new text begin (c) If a person who has received an all-terrain vehicle safety certificate applies
for a driver's license or Minnesota identification card before that information has been
transmitted to the department, the department may accept a copy of the certificate as proof
of its issuance and shall then follow the procedures in paragraph (b).
new text end

Sec. 18. new text begin OFF-HIGHWAY VEHICLE USE; MASTER PLAN REVISIONS.
new text end

new text begin By June 30, 2015, the commissioner of natural resources shall amend the master
plans for Taconite State Trail and Lake Vermilion and Bear Head Lake State Parks to
designate areas of use for off-highway vehicles according to section 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19. new text begin RECREATIONAL TRAILS; ENVIRONMENTAL REVIEW;
RULEMAKING.
new text end

new text begin (a) The Environmental Quality Board shall:
new text end

new text begin (1) amend Minnesota Rules, part 4410.4300, subpart 37, item B, to read:
new text end

new text begin "Designating at least 25 miles of an existing nonmotorized trail for motorized
recreational use other than snowmobiling.
new text end

new text begin In applying items A and B, if a proposed trail will contain segments of newly
constructed trail and segments that will follow an existing nonmotorized trail but be
newly designated for motorized use, an EAW must be prepared if the sum of the quotients
obtained by dividing the length of the new construction by ten miles and the length of the
existing but newly designated trail by 25 miles, equals or exceeds one."
new text end

new text begin (2) amend Minnesota Rules, part 4410.4600, subpart 27, by adding an additional
project exemption for adding a new type of motorized off-highway vehicle use to an
existing off-highway vehicle trail when the new use does not require construction, such as
treadway improvements or widening. For purposes of this clause, "off-highway vehicle"
has the meaning given under Minnesota Statutes, section 84.777.
new text end

new text begin (b) The Environmental Quality Board may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply except as provided under
Minnesota Statutes, section 14.388.
new text end