1.1                          A bill for an act 
  1.2             relating to natural resources; restricting the use of 
  1.3             off-highway vehicles on state land; providing civil 
  1.4             citation authority; modifying the disposition of 
  1.5             certain fees; modifying registration and operating 
  1.6             requirements for certain recreational vehicles; 
  1.7             providing for enforcement; modifying motorized trail 
  1.8             grants-in-aid; appropriating money; amending Minnesota 
  1.9             Statutes 2002, sections 84.788, subdivisions 2, 3, by 
  1.10            adding a subdivision; 84.791, subdivision 1, by adding 
  1.11            a subdivision; 84.794, subdivision 2; 84.798, 
  1.12            subdivision 4, by adding a subdivision; 84.803, 
  1.13            subdivision 2; 84.92, subdivision 8; 84.922, 
  1.14            subdivision 2, by adding a subdivision; 84.925, 
  1.15            subdivision 1, by adding a subdivision; 84.926; 
  1.16            84.927, subdivision 2; 84.928, subdivision 1; 
  1.17            proposing coding for new law in Minnesota Statutes, 
  1.18            chapter 84. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  [84.771] [OFF-HIGHWAY VEHICLE DEFINITION.] 
  1.21     For the purposes of sections 84.771 to 84.930, "off-highway 
  1.22  vehicle" means an off-highway motorcycle, as defined under 
  1.23  section 84.787, subdivision 7; an off-road vehicle, as defined 
  1.24  under section 84.797, subdivision 7; or an all-terrain vehicle, 
  1.25  as defined under section 84.92, subdivision 8. 
  1.26     Sec. 2.  [84.772] [OFF-HIGHWAY VEHICLE TOLL-FREE HOTLINE.] 
  1.27     (a) The commissioner of natural resources shall maintain 
  1.28  and publicize a toll-free telephone number that is available 24 
  1.29  hours per day, seven days a week, for: 
  1.30     (1) providing information to trail users about trail 
  1.31  conditions; 
  1.32     (2) receiving complaints about or violations by operators 
  2.1   of off-highway vehicles and watercraft; and 
  2.2      (3) receiving reports of damage caused by all-terrain 
  2.3   vehicles and concerns about trail safety. 
  2.4      (b) The commissioner shall record detailed information 
  2.5   about all reports received under paragraph (a) and any similar 
  2.6   information obtained by the department from other sources.  The 
  2.7   commissioner shall share relevant information with local 
  2.8   government sponsors of grant-in-aid trails. 
  2.9      Sec. 3.  [84.773] [OPERATION OF OFF-HIGHWAY VEHICLES ON 
  2.10  PUBLIC LANDS.] 
  2.11     Subdivision 1.  [CERTIFICATE AND RULES DECAL REQUIRED.] (a) 
  2.12  A person may not operate an off-highway vehicle off-road on 
  2.13  public land unless the operator has complied with the 
  2.14  educational certificate possession requirements in this 
  2.15  section.  An operator of an off-highway vehicle must possess a 
  2.16  copy of one of the following certificates at all times while 
  2.17  operating an off-highway vehicle on public land: 
  2.18     (1) an off-highway motorcycle certificate issued under 
  2.19  section 84.791; 
  2.20     (2) an off-road vehicle certificate issued under section 
  2.21  84.8015; or 
  2.22     (3) an all-terrain vehicle certificate issued under section 
  2.23  84.925.  
  2.24     (b) A person may not operate an off-highway vehicle 
  2.25  off-road on public land without an off-highway vehicle rules 
  2.26  decal, issued by the commissioner, attached to the vehicle in 
  2.27  full view of the operator. 
  2.28     Subd. 2.  [REVOCATION OF CERTIFICATE.] If the commissioner 
  2.29  of natural resources determines that a person has violated 
  2.30  subdivision 3 or has committed three offenses related to the 
  2.31  operation of off-highway vehicles on public lands, the 
  2.32  commissioner must revoke all of the off-highway vehicle 
  2.33  certificates the person possesses.  After one year from the date 
  2.34  of revocation, the holder of a certificate revoked under this 
  2.35  subdivision may petition for reinstatement of the certificate.  
  2.36  As a condition of reinstatement, the commissioner must require 
  3.1   the petitioner to sign a written statement agreeing to follow 
  3.2   the off-highway vehicle laws in this state.  
  3.3      Subd. 3.  [RESTRICTIONS ON OPERATION.] A person may not 
  3.4   intentionally operate an off-highway vehicle: 
  3.5      (1) on a trail on public land that is designated for 
  3.6   nonmotorized use only; 
  3.7      (2) on restricted areas within public lands that are posted 
  3.8   or where gates or other clearly visible structures are placed to 
  3.9   prevent unauthorized motorized vehicle access; 
  3.10     (3) in type 3, 4, 5, and 8 wetlands or unfrozen public 
  3.11  waters, as defined in section 103G.005; in a state park; in a 
  3.12  scientific and natural area; or in a wildlife management area, 
  3.13  except as specifically authorized in sections 97A.133 and 
  3.14  97A.137 and Minnesota Rules, part 6232.0300, subpart 7; or 
  3.15     (4) on public land under a certificate currently or 
  3.16  previously revoked under subdivision 2. 
  3.17     Sec. 4.  [84.774] [RELATED CRIMINAL OFFENSES.] 
  3.18     (a) Section 609.713 applies to a person who makes a threat 
  3.19  of a crime of violence to intimidate: 
  3.20     (1) a person who reports inappropriate or illegal 
  3.21  off-highway vehicle use; or 
  3.22     (2) a person who refuses permission for off-highway vehicle 
  3.23  use on land owned by the person.  
  3.24     (b) Section 609.595 applies to a person who operates an 
  3.25  off-highway vehicle in a manner that intentionally causes damage 
  3.26  to public or private property, including, but not limited to, 
  3.27  damage to natural resources that requires restoration to 
  3.28  preserve the ecological function or quality of the land. 
  3.29     Sec. 5.  [84.775] [OFF-HIGHWAY VEHICLE CIVIL CITATIONS.] 
  3.30     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
  3.31  conservation officer or other licensed peace officer may issue a 
  3.32  civil citation to a person who operates: 
  3.33     (1) an off-highway motorcycle in violation of sections 
  3.34  84.773; 84.774; 84.777; 84.788 to 84.795; or 84.90; 
  3.35     (2) an off-road vehicle in violation of sections 84.773; 
  3.36  84.774; 84.777; 84.798 to 84.804; or 84.90; or 
  4.1      (3) an all-terrain vehicle in violation of sections 84.773; 
  4.2   84.774; 84.777; 84.90; or 84.922 to 84.928.  
  4.3      (b) A civil citation shall require restitution for any 
  4.4   public or private property damage and impose a penalty of no 
  4.5   more than $250 for the first offense, no more than $500 for the 
  4.6   second offense, and no more than $1,000 for third and subsequent 
  4.7   offenses.  If the peace officer determines that there is damage 
  4.8   to property requiring restitution, the commissioner of natural 
  4.9   resources must send a written explanation of the extent of the 
  4.10  damage and the cost of the repair by first class mail to the 
  4.11  address provided by the person receiving the citation within 15 
  4.12  days of the date of the citation.  
  4.13     Subd. 2.  [APPEALS.] Civil citations issued under 
  4.14  subdivision 1 may be appealed according to section 116.072, if 
  4.15  the recipient of the citation requests a hearing by notifying 
  4.16  the commissioner in writing within 30 days after receipt of the 
  4.17  citation or, if applicable, within 15 days after the date of 
  4.18  mailing the explanation of restitution.  For the purposes of 
  4.19  this section, the terms "commissioner" and "agency" as used in 
  4.20  section 116.072 mean the commissioner of natural resources.  If 
  4.21  a hearing is not requested within the 30-day period, the 
  4.22  citation becomes a final order not subject to further review.  
  4.23     Subd. 3.  [ENFORCEMENT.] Civil citations issued under 
  4.24  subdivision 1 may be enforced under section 116.072, subdivision 
  4.25  9.  Penalty amounts must be remitted within 30 days of issuance 
  4.26  of the citation.  If a person fails to pay a penalty owed under 
  4.27  this section within 30 days of the citation, the commissioner 
  4.28  must revoke all certificates issued to the person according to 
  4.29  section 84.773, subdivision 2.  
  4.30     Subd. 4.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
  4.31  collected from civil citations issued under this section must be 
  4.32  paid to the treasury of the unit of government employing the 
  4.33  officer that issued the civil citation.  Penalties retained by 
  4.34  the commissioner shall be credited as follows:  to the 
  4.35  off-highway motorcycle account under section 84.794 for 
  4.36  citations involving off-highway motorcycles; to the off-road 
  5.1   vehicle account under section 84.803 for citations involving 
  5.2   off-road vehicles; or to the all-terrain vehicle account under 
  5.3   section 84.927 for citations involving all-terrain vehicles.  
  5.4   Penalty amounts credited under this subdivision are dedicated 
  5.5   for the enforcement of off-highway vehicle laws.  
  5.6      Subd. 5.  [SELECTION OF REMEDY.] A peace officer may not 
  5.7   seek both civil and misdemeanor penalties for offenses listed in 
  5.8   subdivision 1.  
  5.9      Sec. 6.  [84.776] [LOCAL UNIT OF GOVERNMENT; CLAIMS FOR 
  5.10  DAMAGE.] 
  5.11     A local unit of government may submit a claim to the 
  5.12  commissioner of natural resources for the cost of repair or 
  5.13  restoration of property under the jurisdiction of the government 
  5.14  unit that is designated for use by off-highway vehicles and has 
  5.15  been damaged by off-highway vehicle use.  The commissioner may 
  5.16  request any information necessary to evaluate the claim and may 
  5.17  make payment from money appropriated for that purpose, including 
  5.18  money from the off-highway motorcycle account under section 
  5.19  84.794, subdivision 2, paragraph (a), clause (3); money from the 
  5.20  off-road vehicle account under section 84.803, subdivision 2, 
  5.21  paragraph (a), clause (3); and money from the all-terrain 
  5.22  vehicle account under section 84.927, subdivision 2, paragraph 
  5.23  (a), clause (3). 
  5.24     Sec. 7.  [84.777] [OFF-HIGHWAY VEHICLE USE OF STATE LANDS 
  5.25  RESTRICTED.] 
  5.26     Subdivision 1.  [RESTRICTED USE.] (a) Notwithstanding 
  5.27  sections 84.787 to 84.805 and 84.92 to 84.929, the use of 
  5.28  off-highway vehicles is prohibited on state land administered by 
  5.29  the commissioner of natural resources, except on roads and 
  5.30  trails specifically designated and posted by the commissioner 
  5.31  for use by off-highway vehicles. 
  5.32     (b) Until otherwise determined by the commissioner, all 
  5.33  class 1, 2, and 3 state forest roads are designated roads for 
  5.34  motorized use under this subdivision.  
  5.35     Subd. 2.  [ROAD OR TRAIL CLOSURE.] The commissioner must 
  5.36  close a road or trail designated under subdivision 1 when: 
  6.1      (1) adequate maintenance cannot be done on the road or 
  6.2   trail; or 
  6.3      (2) there is significant damage to natural resources, 
  6.4   including, but not limited to, forest resources as defined in 
  6.5   section 89.001, subdivision 8.  
  6.6      Sec. 8.  [84.780] [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 
  6.7      The off-highway vehicle damage account is created in the 
  6.8   natural resources fund.  Money in the off-highway vehicle damage 
  6.9   account is appropriated to the commissioner of natural resources 
  6.10  for the repair or restoration of property damaged by the 
  6.11  operation of off-highway vehicles in an unpermitted area.  
  6.12  Before the commissioner may make a payment from this account, 
  6.13  the commissioner must determine whether the damage to the 
  6.14  property was caused by the unpermitted use of off-highway 
  6.15  vehicles, that the applicant has made reasonable efforts to 
  6.16  identify the responsible individual and obtain payment from the 
  6.17  individual, and has made reasonable efforts to prevent 
  6.18  reoccurrence. 
  6.19     Sec. 9.  Minnesota Statutes 2002, section 84.788, 
  6.20  subdivision 2, is amended to read: 
  6.21     Subd. 2.  [EXEMPTIONS.] Registration is not required for 
  6.22  off-highway motorcycles:  
  6.23     (1) owned and used by the United States, the state, another 
  6.24  state, or a political subdivision; 
  6.25     (2) registered in another state or country that have not 
  6.26  been within this state for more than 30 consecutive days; or 
  6.27     (3) used exclusively in organized track racing events; 
  6.28     (4) being used on private land with the permission of the 
  6.29  landowner; or 
  6.30     (5) registered under chapter 168, when operated on forest 
  6.31  roads to gain access to a state forest campground. 
  6.32     Sec. 10.  Minnesota Statutes 2002, section 84.788, 
  6.33  subdivision 3, is amended to read: 
  6.34     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  6.35  for registration or continued registration must be made to the 
  6.36  commissioner or an authorized deputy registrar of motor vehicles 
  7.1   in a form prescribed by the commissioner.  The form must state 
  7.2   the name and address of every owner of the off-highway 
  7.3   motorcycle. 
  7.4      (b) A person who purchases from a retail dealer an 
  7.5   off-highway motorcycle that is intended to be operated on public 
  7.6   lands or waters shall make application for registration to the 
  7.7   dealer at the point of sale.  The dealer shall issue a temporary 
  7.8   ten-day registration permit to each purchaser who applies to the 
  7.9   dealer for registration.  The dealer shall submit the completed 
  7.10  registration applications and fees to the deputy registrar at 
  7.11  least once each week.  No fee may be charged by a dealer to a 
  7.12  purchaser for providing the temporary permit. 
  7.13     (c) Upon receipt of the application and the appropriate 
  7.14  fee, the commissioner or deputy registrar shall issue to the 
  7.15  applicant, or provide to the dealer, a 60-day temporary receipt 
  7.16  and shall assign a registration number that must be affixed to 
  7.17  the motorcycle in a manner prescribed by the commissioner 
  7.18  according to paragraph (e).  A dealer subject to paragraph (b) 
  7.19  shall provide the registration materials and temporary receipt 
  7.20  to the purchaser within the ten-day temporary permit period. 
  7.21     (d) The commissioner shall develop a registration system to 
  7.22  register vehicles under this section.  A deputy registrar of 
  7.23  motor vehicles acting under section 168.33, is also a deputy 
  7.24  registrar of off-highway motorcycles.  The commissioner of 
  7.25  natural resources in agreement with the commissioner of public 
  7.26  safety may prescribe the accounting and procedural requirements 
  7.27  necessary to ensure efficient handling of registrations and 
  7.28  registration fees.  Deputy registrars shall strictly comply with 
  7.29  the accounting and procedural requirements.  A fee of $2 in 
  7.30  addition to other fees prescribed by law is charged for each 
  7.31  off-highway motorcycle registered by: 
  7.32     (1) a deputy registrar and must be deposited in the 
  7.33  treasury of the jurisdiction where the deputy is appointed, or 
  7.34  kept if the deputy is not a public official; or 
  7.35     (2) the commissioner and must be deposited in the state 
  7.36  treasury and credited to the off-highway motorcycle account. 
  8.1      (e) The owner of an off-highway motorcycle must display a 
  8.2   registration sticker or plates issued by the commissioner.  If 
  8.3   the motorcycle is licensed as a motor vehicle, a registration 
  8.4   sticker must be affixed on the upper left corner of the rear 
  8.5   license plate.  If the motorcycle is not licensed as a motor 
  8.6   vehicle, the commissioner shall issue plates not less than six 
  8.7   inches high and 12 inches wide.  The plates must be attached to 
  8.8   the front and rear of the motorcycle at least 24 inches from the 
  8.9   ground.  Plates and registration stickers must be maintained in 
  8.10  a clean and legible condition. 
  8.11     Sec. 11.  Minnesota Statutes 2002, section 84.788, is 
  8.12  amended by adding a subdivision to read: 
  8.13     Subd. 6a.  [OFF-HIGHWAY VEHICLE DAMAGE SURCHARGE.] A 
  8.14  $....... surcharge is placed on each off-highway motorcycle 
  8.15  registered under subdivision 6, paragraph (a).  The surcharge 
  8.16  must be deposited in the off-highway vehicle damage account in 
  8.17  the natural resources fund under section 84.780. 
  8.18     Sec. 12.  Minnesota Statutes 2002, section 84.791, 
  8.19  subdivision 1, is amended to read: 
  8.20     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
  8.21  shall establish a comprehensive off-highway motorcycle 
  8.22  environment and safety education and training program, including 
  8.23  the preparation and dissemination of vehicle information and 
  8.24  safety advice to the public, the training of off-highway 
  8.25  motorcycle operators, and the issuance of off-highway motorcycle 
  8.26  safety certificates to operators under the age of 16 years who 
  8.27  successfully complete the off-highway motorcycle environment and 
  8.28  safety education and training courses.  The courses must include 
  8.29  information about the responsible operation of off-highway 
  8.30  motorcycles on public lands and frozen waters, including 
  8.31  information about relevant state laws and the environmental 
  8.32  impacts related to trail riding behavior.  
  8.33     Sec. 13.  Minnesota Statutes 2002, section 84.791, is 
  8.34  amended by adding a subdivision to read: 
  8.35     Subd. 4.  [EXEMPTION FROM TRAINING.] Until July 1, 2004, 
  8.36  the commissioner shall issue a certificate that satisfies the 
  9.1   requirements of section 84.773 to the operator of a registered 
  9.2   off-highway motorcycle who is at least 18 years of age and who 
  9.3   signs a statement on a form prepared by the commissioner that 
  9.4   the operator is familiar with and agrees to obey the off-highway 
  9.5   laws in this state.  
  9.6      Sec. 14.  Minnesota Statutes 2002, section 84.794, 
  9.7   subdivision 2, is amended to read: 
  9.8      Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
  9.9   legislature, money in the off-highway motorcycle account may 
  9.10  only be spent for the following purposes: 
  9.11     (1) administration, and enforcement, and implementation of 
  9.12  sections 84.787 84.773 to 84.796, including, but not limited to, 
  9.13  increasing the number of conservation officers available for 
  9.14  enforcement of off-highway motorcycle laws to ensure that 
  9.15  off-highway motorcycle laws are sufficiently enforced; 
  9.16     (2) acquisition, maintenance, and development of monitoring 
  9.17  ongoing impacts of off-highway motorcycle use; 
  9.18     (3) maintenance and repair of designated off-highway 
  9.19  motorcycle trails and use areas; and 
  9.20     (3) grants-in-aid (4) acquisition and development of trails 
  9.21  designated for use by off-highway motorcycles; 
  9.22     (5) funding state safety and environmental programs for 
  9.23  off-highway motorcycle use; 
  9.24     (6) providing grants-in-aid to local safety and 
  9.25  environmental programs for off-highway motorcycle use; 
  9.26     (7) providing grants for enforcement to local jurisdictions 
  9.27  where the off-highway vehicle laws are equivalent to the 
  9.28  standards in state law; and 
  9.29     (8) funding grant-in-aid programs to counties and 
  9.30  municipalities to construct and maintain local off-highway 
  9.31  motorcycle trails and use areas. 
  9.32     (b) The distribution of funds made available for 
  9.33  grants-in-aid must be guided by the statewide comprehensive 
  9.34  outdoor recreation plan. 
  9.35     (c) In determining the amount of money to be allocated for 
  9.36  enforcement purposes under paragraph (a), clause (1), the 
 10.1   commissioner shall consider: 
 10.2      (1) the number of off-highway motorcycles using state 
 10.3   lands, by enforcement region; 
 10.4      (2) the number of off-highway motorcycles using a 
 10.5   particular outdoor recreation unit in relation to the size of 
 10.6   the unit and the type, speed, and size of off-highway 
 10.7   motorcycles used; 
 10.8      (3) the acreage of state land within each enforcement 
 10.9   region; 
 10.10     (4) the extent to which violations are cited in each 
 10.11  enforcement region; 
 10.12     (5) the overall performance of each enforcement region; 
 10.13     (6) special considerations, such as volume of transient, 
 10.14  nonresident, or rental off-highway motorcycles or extremely 
 10.15  large outdoor recreation units; and 
 10.16     (7) any other factor determined relevant by the 
 10.17  commissioner. 
 10.18     Sec. 15.  Minnesota Statutes 2002, section 84.798, 
 10.19  subdivision 4, is amended to read: 
 10.20     Subd. 4.  [REGISTRATION STICKER AND PLATES.] The owner of 
 10.21  an off-road vehicle must display a registration sticker or 
 10.22  plates issued by the commissioner.  If the vehicle is licensed 
 10.23  as a motor vehicle, the a registration sticker must be affixed 
 10.24  on the upper left corner of the rear license plate.  If the 
 10.25  vehicle is not licensed as a motor vehicle, the owner 
 10.26  commissioner shall provide a plate issue plates not less than 
 10.27  four six inches high and 7-1/2 12 inches wide.  The plate 
 10.28  plates must be attached to the front and rear of the vehicle at 
 10.29  least 12 24 inches from the ground.  The registration sticker 
 10.30  must be affixed on the upper left corner of the plate.  Plates 
 10.31  and registration stickers must be maintained in a clean and 
 10.32  legible condition. 
 10.33     Sec. 16.  Minnesota Statutes 2002, section 84.798, is 
 10.34  amended by adding a subdivision to read: 
 10.35     Subd. 6a.  [OFF-HIGHWAY VEHICLE DAMAGE SURCHARGE.] A 
 10.36  $....... surcharge is placed on each off-road vehicle registered 
 11.1   under subdivision 6, paragraph (a).  The surcharge must be 
 11.2   deposited in the off-highway vehicle damage account in the 
 11.3   natural resources fund under section 84.780. 
 11.4      Sec. 17.  [84.8015] [EDUCATION AND TRAINING.] 
 11.5      Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
 11.6   shall establish a comprehensive off-road vehicle environment and 
 11.7   safety education and training program, including the preparation 
 11.8   and dissemination of vehicle information and safety advice to 
 11.9   the public, the training of off-road vehicle operators, and the 
 11.10  issuance of off-road vehicle certificates to operators who 
 11.11  successfully complete the off-road vehicle environment and 
 11.12  safety education and training courses.  The courses must include 
 11.13  information about the responsible operation of off-road vehicles 
 11.14  on public lands and frozen waters, including information about 
 11.15  relevant state laws and the environmental impacts related to 
 11.16  trail use.  
 11.17     Subd. 2.  [FEE.] For the purposes of administering the 
 11.18  program and to defray a portion of the expenses of training and 
 11.19  certifying vehicle operators, the commissioner shall collect a 
 11.20  fee not to exceed $5 from each person who receives the 
 11.21  training.  The fees must be deposited in the state treasury and 
 11.22  credited to the off-road vehicle account.  
 11.23     Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
 11.24  shall cooperate with private organizations and associations, 
 11.25  private and public corporations, and local governmental units in 
 11.26  furtherance of the program established under this section.  The 
 11.27  commissioner shall consult with the commissioner of public 
 11.28  safety in regard to training program subject matter and 
 11.29  performance testing that leads to the certification of off-road 
 11.30  vehicle operators.  
 11.31     Subd. 4.  [EXEMPTION FROM TRAINING.] Until July 1, 2004, 
 11.32  the commissioner shall issue a certificate that satisfies the 
 11.33  requirements of section 84.773 to the operator of a registered 
 11.34  off-road vehicle who is at least 18 years of age and who signs a 
 11.35  statement on a form prepared by the commissioner that the 
 11.36  operator is familiar with and agrees to obey the off-road 
 12.1   vehicle laws in this state.  
 12.2      Sec. 18.  Minnesota Statutes 2002, section 84.803, 
 12.3   subdivision 2, is amended to read: 
 12.4      Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
 12.5   legislature, money in the off-road vehicle account may only be 
 12.6   spent for the following purposes: 
 12.7      (1) administration and implementation of enforcement of 
 12.8   sections 84.773 to 84.777 and 84.797 to 84.805 and Laws 1993, 
 12.9   chapter 311, article 2, section 18, including, but not limited 
 12.10  to, increasing the number of conservation officers available for 
 12.11  enforcement of off-road vehicle laws to ensure that off-road 
 12.12  vehicle laws are sufficiently enforced; 
 12.13     (2) acquisition, maintenance, and development of monitoring 
 12.14  ongoing impacts of off-road vehicle use; 
 12.15     (3) maintenance and repair of designated off-road vehicle 
 12.16  trails and use areas; 
 12.17     (4) acquisition and development of trails designated for 
 12.18  use by off-road vehicles; 
 12.19     (5) funding state safety and environmental programs for 
 12.20  off-road vehicle use; 
 12.21     (6) providing grants-in-aid to local safety and 
 12.22  environmental programs for off-road vehicle use; 
 12.23     (3) (7) funding grant-in-aid programs to counties and 
 12.24  municipalities to construct and maintain local off-road vehicle 
 12.25  trails and use areas; and 
 12.26     (4) grants-in-aid to local safety programs; and 
 12.27     (8) providing grants for enforcement to local jurisdictions 
 12.28  where off-highway vehicle laws are equivalent to the standards 
 12.29  in state law. 
 12.30     (b) In determining the amount of money to be allocated for 
 12.31  enforcement purposes under paragraph (a), clause (1), the 
 12.32  commissioner shall consider: 
 12.33     (1) the number of off-road vehicles using state lands, by 
 12.34  enforcement region; 
 12.35     (2) the number of off-road vehicles using a particular 
 12.36  outdoor recreation unit in relation to the size of the unit and 
 13.1   the type, speed, and size of off-road vehicles used; 
 13.2      (3) the acreage of state land within each enforcement 
 13.3   region; 
 13.4      (4) the extent to which violations are cited in each 
 13.5   enforcement region; 
 13.6      (5) the overall performance of each enforcement region; 
 13.7      (6) special considerations, such as volume of transient, 
 13.8   nonresident, or rental off-road vehicles or extremely large 
 13.9   outdoor recreation units; and 
 13.10     (7) any other factor determined relevant by the 
 13.11  commissioner. 
 13.12     Sec. 19.  [84.901] [OFF-HIGHWAY VEHICLE SAFETY AND 
 13.13  CONSERVATION PROGRAM.] 
 13.14     Subdivision 1.  [CREATION.] The commissioner of natural 
 13.15  resources shall establish a program to promote the safe and 
 13.16  responsible operation of off-highway vehicles in a manner that 
 13.17  does not harm the environment.  The commissioner shall 
 13.18  coordinate the program through the regional offices of the 
 13.19  department of natural resources. 
 13.20     Subd. 2.  [PURPOSE.] The purpose of the program is to 
 13.21  encourage off-highway vehicle clubs to assist, on a volunteer 
 13.22  basis, in improving, maintaining, and monitoring of trails on 
 13.23  state forest land and other public lands. 
 13.24     Subd. 3.  [AGREEMENTS.] (a) The commissioner shall enter 
 13.25  into informal agreements with off-highway vehicle clubs for 
 13.26  volunteer services to maintain, make improvements to, and 
 13.27  monitor trails on state forest land and other public lands.  The 
 13.28  off-highway vehicle clubs shall promote the operation of 
 13.29  off-highway vehicles in a safe and responsible manner that 
 13.30  complies with the laws and rules that relate to the operation of 
 13.31  off-highway vehicles. 
 13.32     (b) The off-highway vehicle clubs may provide assistance to 
 13.33  the department in locating, recruiting, and training instructors 
 13.34  for off-highway vehicle training programs. 
 13.35     (c) The commissioner may provide assistance to enhance the 
 13.36  comfort and safety of volunteers and to facilitate the 
 14.1   implementation and administration of the safety and conservation 
 14.2   program. 
 14.3      Subd. 4.  [WORKER DISPLACEMENT PROHIBITED.] The 
 14.4   commissioner may not enter into any agreement that has the 
 14.5   purpose of or results in the displacement of public employees by 
 14.6   volunteers participating in the off-highway safety and 
 14.7   conservation program under this section.  The commissioner must 
 14.8   certify to the appropriate bargaining agent that the work 
 14.9   performed by a volunteer will not result in the displacement of 
 14.10  currently employed workers or workers on seasonal layoff or 
 14.11  layoff from a substantially equivalent position, including 
 14.12  partial displacement such as reduction in hours of nonovertime 
 14.13  work, wages, or other employment benefits. 
 14.14     Sec. 20.  Minnesota Statutes 2002, section 84.92, 
 14.15  subdivision 8, is amended to read: 
 14.16     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
 14.17  "vehicle" means a motorized flotation-tired vehicle of not less 
 14.18  than three low pressure tires, but not more than six tires, that 
 14.19  is limited in engine displacement of less than 800 cubic 
 14.20  centimeters and total dry weight less than 800 900 pounds. 
 14.21     Sec. 21.  Minnesota Statutes 2002, section 84.922, 
 14.22  subdivision 2, is amended to read: 
 14.23     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
 14.24  for registration or continued registration shall be made to the 
 14.25  commissioner of natural resources, the commissioner of public 
 14.26  safety or an authorized deputy registrar of motor vehicles in a 
 14.27  form prescribed by the commissioner.  The form must state the 
 14.28  name and address of every owner of the vehicle.  
 14.29     (b) A person who purchases an all-terrain vehicle from a 
 14.30  retail dealer shall make application for registration to the 
 14.31  dealer at the point of sale.  The dealer shall issue a temporary 
 14.32  ten-day registration permit to each purchaser who applies to the 
 14.33  dealer for registration.  The dealer shall submit the completed 
 14.34  registration application and fees to the deputy registrar at 
 14.35  least once each week.  No fee may be charged by a dealer to a 
 14.36  purchaser for providing the temporary permit. 
 15.1      (c) Upon receipt of the application and the appropriate 
 15.2   fee, the commissioner or deputy registrar shall issue to the 
 15.3   applicant, or provide to the dealer, a 60-day temporary receipt 
 15.4   and shall assign a registration number that must be affixed to 
 15.5   the vehicle in a manner prescribed by the commissioner according 
 15.6   to paragraph (f).  A dealer subject to paragraph (b) shall 
 15.7   provide the registration materials and temporary receipt to the 
 15.8   purchaser within the ten-day temporary permit period.  The 
 15.9   commissioner shall use the snowmobile registration system to 
 15.10  register vehicles under this section.  
 15.11     (d) Each deputy registrar of motor vehicles acting under 
 15.12  section 168.33, is also a deputy registrar of all-terrain 
 15.13  vehicles.  The commissioner of natural resources in agreement 
 15.14  with the commissioner of public safety may prescribe the 
 15.15  accounting and procedural requirements necessary to assure 
 15.16  efficient handling of registrations and registration fees. 
 15.17  Deputy registrars shall strictly comply with the accounting and 
 15.18  procedural requirements.  
 15.19     (e) A fee of $2 in addition to other fees prescribed by law 
 15.20  shall be charged for each vehicle registered by: 
 15.21     (1) a deputy registrar and shall be deposited in the 
 15.22  treasury of the jurisdiction where the deputy is appointed, or 
 15.23  retained if the deputy is not a public official; or 
 15.24     (2) the commissioner and shall be deposited to the state 
 15.25  treasury and credited to the all-terrain vehicle account in the 
 15.26  natural resources fund. 
 15.27     (f) The owner of an all-terrain vehicle must display 
 15.28  registration plates issued by the commissioner.  The 
 15.29  commissioner shall issue plates not less than six inches high 
 15.30  and 12 inches wide.  The plates must be attached to the front 
 15.31  and rear of the vehicle at least 24 inches from the ground.  
 15.32  Plates must be maintained in a clean and legible condition. 
 15.33     Sec. 22.  Minnesota Statutes 2002, section 84.922, is 
 15.34  amended by adding a subdivision to read: 
 15.35     Subd. 5a.  [OFF-HIGHWAY VEHICLE DAMAGE SURCHARGE.] A 
 15.36  $....... surcharge is placed on each all-terrain vehicle 
 16.1   registration under subdivision 5, paragraph (a), clause (1).  
 16.2   The surcharge must be deposited in the off-highway vehicle 
 16.3   damage account in the natural resources fund under section 
 16.4   84.780. 
 16.5      Sec. 23.  Minnesota Statutes 2002, section 84.925, 
 16.6   subdivision 1, is amended to read: 
 16.7      Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
 16.8   shall establish a comprehensive all-terrain vehicle 
 16.9   environmental and safety education and training program, 
 16.10  including the preparation and dissemination of vehicle 
 16.11  information and safety advice to the public, the training of 
 16.12  all-terrain vehicle operators, and the issuance of all-terrain 
 16.13  vehicle safety certificates to vehicle operators over the age of 
 16.14  12 years who successfully complete the all-terrain vehicle 
 16.15  environmental and safety education and training course.  The 
 16.16  courses must include information about the responsible operation 
 16.17  of all-terrain vehicles on public lands and frozen waters, 
 16.18  including information about relevant state laws and the 
 16.19  environmental impacts related to trail riding behavior.  
 16.20     (b) For the purpose of administering the program and to 
 16.21  defray a portion of the expenses of training and certifying 
 16.22  vehicle operators, the commissioner shall collect a fee of $15 
 16.23  from each person who receives the training.  Fee proceeds shall 
 16.24  be deposited in the all-terrain vehicle account in the natural 
 16.25  resources fund. 
 16.26     (c) The commissioner shall cooperate with private 
 16.27  organizations and associations, private and public corporations, 
 16.28  and local governmental units in furtherance of the program 
 16.29  established under this section.  School districts may cooperate 
 16.30  with the commissioner and volunteer instructors to provide space 
 16.31  for the classroom portion of the training.  The commissioner 
 16.32  shall consult with the commissioner of public safety in regard 
 16.33  to training program subject matter and performance testing that 
 16.34  leads to the certification of vehicle operators.  By June 30, 
 16.35  2003, the commissioner shall incorporate a riding component in 
 16.36  the safety education and training program. 
 17.1      Sec. 24.  Minnesota Statutes 2002, section 84.925, is 
 17.2   amended by adding a subdivision to read: 
 17.3      Subd. 3.  [EXEMPTION FROM TRAINING.] Until July 1, 2004, 
 17.4   the commissioner shall issue a certificate that satisfies the 
 17.5   requirements of section 84.773 to the operator of a registered 
 17.6   all-terrain vehicle who is at least 18 years of age and who 
 17.7   signs a statement on a form prepared by the commissioner that 
 17.8   the operator is familiar with and agrees to obey the all-terrain 
 17.9   vehicle laws in this state.  
 17.10     Sec. 25.  Minnesota Statutes 2002, section 84.926, is 
 17.11  amended to read: 
 17.12     84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 
 17.13  COMMISSIONER.] 
 17.14     Notwithstanding section 84.777, on a case by case 
 17.15  basis, after notice and public hearing, the commissioner 
 17.16  may allow vehicles issue a permit authorizing a person to 
 17.17  operate an off-highway vehicle on individual public trails under 
 17.18  the commissioner's jurisdiction during specified times and for 
 17.19  specified purposes.  
 17.20     Sec. 26.  Minnesota Statutes 2002, section 84.927, 
 17.21  subdivision 2, is amended to read: 
 17.22     Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
 17.23  legislature, money in the all-terrain vehicle account may only 
 17.24  be spent for the following purposes:  
 17.25     (1) the education and training program under section 
 17.26  84.925; 
 17.27     (2) administration and implementation of enforcement of 
 17.28  sections 84.773 to 84.777 and 84.92 to 84.929 and Laws 1984, 
 17.29  chapter 647, sections 9 and 10;, including, but not limited to, 
 17.30  increasing the number of conservation officers available for 
 17.31  enforcement of all-terrain vehicle laws to ensure that 
 17.32  all-terrain vehicle laws are sufficiently enforced; 
 17.33     (2) monitoring ongoing impacts of all-terrain vehicle use; 
 17.34     (3) acquisition, maintenance, and development of (3) 
 17.35  maintenance and repair of vehicle trails and use areas; 
 17.36     (4) acquisition and development of trails designated for 
 18.1   use by all-terrain vehicles; 
 18.2      (5) funding state safety and environmental programs for 
 18.3   all-terrain vehicle use; 
 18.4      (6) providing grants-in-aid to local safety and 
 18.5   environmental programs for all-terrain vehicle use; 
 18.6      (4) (7) funding grant-in-aid programs to counties and 
 18.7   municipalities to construct and maintain local all-terrain 
 18.8   vehicle trails and use areas; and 
 18.9      (5) grants-in-aid to local safety programs; and 
 18.10     (8) providing grants for enforcement to local jurisdictions 
 18.11  where off-highway vehicle laws are equivalent to the standards 
 18.12  in state law. 
 18.13     (b) The distribution of funds made available through 
 18.14  grant-in-aid programs must be guided by the statewide 
 18.15  comprehensive outdoor recreation plan. 
 18.16     (c) In determining the amount of money to be allocated for 
 18.17  enforcement purposes under paragraph (a), clause (1), the 
 18.18  commissioner shall consider: 
 18.19     (1) the number of all-terrain vehicles using state lands, 
 18.20  by enforcement region; 
 18.21     (2) the number of all-terrain vehicles using a particular 
 18.22  outdoor recreation unit in relation to the size of the unit and 
 18.23  the type, speed, and size of all-terrain vehicles used; 
 18.24     (3) the acreage of state land within each enforcement 
 18.25  region; 
 18.26     (4) the extent to which violations are cited in each 
 18.27  enforcement region; 
 18.28     (5) the overall performance of each enforcement region; 
 18.29     (6) special considerations, such as volume of transient, 
 18.30  nonresident, or rental all-terrain vehicles or extremely large 
 18.31  outdoor recreation units; and 
 18.32     (7) any other factor determined relevant by the 
 18.33  commissioner. 
 18.34     Sec. 27.  Minnesota Statutes 2002, section 84.928, 
 18.35  subdivision 1, is amended to read: 
 18.36     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 19.1   A person shall not operate an all-terrain vehicle along or on 
 19.2   the roadway , shoulder, or inside bank or slope of a public road 
 19.3   right-of-way other than in the ditch or the outside bank or 
 19.4   slope of a trunk, county state-aid, or county highway in this 
 19.5   state unless otherwise allowed in sections 84.92 to 84.929 
 19.6   off-road within a public road right-of-way in this state except 
 19.7   on a trail approved after a public hearing by the road authority 
 19.8   as defined under section 160.02, subdivision 25.  The 
 19.9   commissioner may limit the use of a trail approved by a local 
 19.10  unit of government under this subdivision for a period of time 
 19.11  if the commissioner determines that use of the trail causes: 
 19.12     (1) degradation of vegetation on adjacent public property; 
 19.13     (2) siltation of waters of the state; 
 19.14     (3) impairment or enhancement to the act of taking game; or 
 19.15     (4) a threat to safety of the trail users or to individuals 
 19.16  on adjacent public property. 
 19.17     (b) A person may operate an all-terrain vehicle registered 
 19.18  for private use and used for agricultural purposes on a public 
 19.19  road right-of-way of a trunk, county state-aid, or county 
 19.20  highway in this state if the all-terrain vehicle is operated on 
 19.21  the extreme right-hand side of the road, and left turns may be 
 19.22  made from any part of the road if it is safe to do so under the 
 19.23  prevailing conditions.  
 19.24     (c) A person shall not operate an all-terrain vehicle 
 19.25  within the public road right-of-way of a trunk, county 
 19.26  state-aid, or county highway from April 1 to August 1 in the 
 19.27  agricultural zone unless the vehicle is being used exclusively 
 19.28  as transportation to and from work on agricultural lands.  This 
 19.29  paragraph does not apply to an agent or employee of a road 
 19.30  authority, as defined in section 160.02, subdivision 25, or the 
 19.31  department of natural resources when performing or exercising 
 19.32  official duties or powers. 
 19.33     (d) A person shall not operate an all-terrain vehicle 
 19.34  within the public road right-of-way of a trunk, county 
 19.35  state-aid, or county highway between the hours of one-half hour 
 19.36  after sunset to one-half hour before sunrise, except on the 
 20.1   right-hand side of the right-of-way and in the same direction as 
 20.2   the highway traffic on the nearest lane of the adjacent roadway. 
 20.3      (e) A person shall not operate an all-terrain vehicle at 
 20.4   any time within the right-of-way of an interstate highway or 
 20.5   freeway within this state. 
 20.6      Sec. 28.  [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.] 
 20.7      (a) This section applies to grants-in-aid for motorized 
 20.8   trail construction and maintenance under sections 84.794, 
 20.9   84.803, 84.83, and 84.927. 
 20.10     (b) If the commissioner of natural resources determines 
 20.11  that a grant-in-aid recipient has violated any federal or state 
 20.12  law or any of the terms of the grant agreement with the 
 20.13  commissioner, the commissioner must withhold all grant payments 
 20.14  for any work occurring after the date the recipient was notified 
 20.15  of the violation and seek restitution for any property damage 
 20.16  caused by the violation. 
 20.17     Sec. 29.  [PROVISIONAL FOREST TRAIL DESIGNATION.] 
 20.18     Subdivision 1.  [PROVISIONAL TRAILS.] (a) The commissioner 
 20.19  of natural resources shall review at least one-half of all state 
 20.20  forests and provide provisional designations for trails for use 
 20.21  by off-highway vehicles by June 1, 2005.  The commissioner shall 
 20.22  prioritize selection of state forests for review based on the 
 20.23  prospect for finding trails appropriate for off-highway vehicle 
 20.24  use, and shall ensure that at least 1,500 additional miles of 
 20.25  trails are provisionally designated and posted by October 1, 
 20.26  2005. 
 20.27     If the total mileage of the trails designated under this 
 20.28  subdivision does not exceed 1,500 miles of permanently 
 20.29  designated trails after the expiration of all provisional 
 20.30  designations, the commissioner must designate enough provisional 
 20.31  trails under this subdivision to ensure that a total with at 
 20.32  least 1,500 additional miles of permanent and provisional trails 
 20.33  are available for off-highway use.  The commissioner must 
 20.34  continue this process until at least 1,500 miles of permanently 
 20.35  designated off-highway vehicle trails are available in state 
 20.36  forests in addition to the designated trails available before 
 21.1   commencing the process under this subdivision. 
 21.2      (b) Before making a designation of a trail under this 
 21.3   subdivision, the commissioner must review the proposed 
 21.4   designation for the trail prepared by a trail designation team 
 21.5   composed of an interdisciplinary team of representatives from 
 21.6   departmental divisions. 
 21.7      (c) Until October 1, 2005, Minnesota Statutes, section 
 21.8   84.777, subdivision 1, paragraph (a), does not apply to a state 
 21.9   forest, unless the review and provisional trail designation 
 21.10  process has been completed for the forest. 
 21.11     (d) After provisional trail designations and postings are 
 21.12  completed for a state forest, Minnesota Statutes, section 
 21.13  84.777, subdivision 1, paragraph (a), applies to that forest.  
 21.14  For the purposes of Minnesota Statutes, section 84.777, 
 21.15  subdivision 1, paragraph (a), a provisional designation under 
 21.16  this subdivision is a trail specifically designated by the 
 21.17  commissioner.  A provisional trail designation expires at the 
 21.18  end of the time specified for suspension of environmental review 
 21.19  provided in subdivision 2. 
 21.20     Subd. 2.  [TEMPORARY SUSPENSION OF ENVIRONMENTAL REVIEW 
 21.21  REQUIREMENTS.] The requirements for environmental review under 
 21.22  Minnesota Statutes, section 116D.04, and rules of the 
 21.23  environmental quality board are temporarily suspended for each 
 21.24  provisional trail designation until two years have elapsed after 
 21.25  each provisional trail has been designated in a state forest.  
 21.26  If a lawsuit challenging a trail designation is commenced, the 
 21.27  running of the two-year suspension under this subdivision is 
 21.28  tolled, and the suspension remains in effect from the date the 
 21.29  lawsuit is filed until the date of dismissal or entry of final 
 21.30  judgment in the lawsuit. 
 21.31     This subdivision does not apply to a trail that is included 
 21.32  in a record of decision or court order issued before the date of 
 21.33  enactment of this act that requires environmental review for the 
 21.34  trail. 
 21.35     Sec. 30.  [STUDY OF OFF-HIGHWAY VEHICLE TRAILS BUDGET.] 
 21.36     By October 1, 2003, the commissioner of natural resources 
 22.1   must submit a report to the chairs of the legislative committees 
 22.2   with jurisdiction over natural resources policy and finance 
 22.3   concerning the cost of maintenance, operation, and enforcement 
 22.4   for the current off-highway vehicle trails system, including, 
 22.5   but not limited to, how many miles of trails the department's 
 22.6   off-highway vehicle budget will support.  The report must also 
 22.7   include: 
 22.8      (1) a detailed discussion of sources of revenue for trails; 
 22.9      (2) an analysis of recent and projected expenditures from 
 22.10  the off-highway vehicle accounts; 
 22.11     (3) information regarding all other sources of revenue used 
 22.12  for off-highway vehicle purposes; and 
 22.13     (4) a current inventory of all the state forest roads and 
 22.14  access routes, including designated off-highway vehicle routes 
 22.15  and all motorized and nonmotorized trails. 
 22.16     Sec. 31.  [TRANSFERS.] 
 22.17     The commissioner of finance must transfer $....... in 
 22.18  fiscal year 2004 from the off-highway motorcycle account, 
 22.19  $....... from the off-road vehicle account, and $....... from 
 22.20  the all-terrain vehicle account to the off-route damage account 
 22.21  in the natural resources fund. 
 22.22     Sec. 32.  [APPROPRIATIONS.] 
 22.23     Subdivision 1.  [OFF-HIGHWAY MOTORCYCLES.] $....... in 
 22.24  fiscal year 2004 is appropriated from the off-highway motorcycle 
 22.25  account in the natural resources fund to the commissioner of 
 22.26  natural resources for the purposes of Minnesota Statutes, 
 22.27  section 84.794, subdivision 2. 
 22.28     Subd. 2.  [OFF-ROAD VEHICLES.] $....... in fiscal year 2004 
 22.29  is appropriated from the off-road vehicle account in the natural 
 22.30  resources fund to the commissioner of natural resources for the 
 22.31  purposes of Minnesota Statutes, section 84.803, subdivision 2. 
 22.32     Subd. 3.  [ALL-TERRAIN VEHICLES.] $....... in fiscal year 
 22.33  2004 is appropriated from the all-terrain vehicle account in the 
 22.34  natural resources fund to the commissioner of natural resources 
 22.35  for the purposes of Minnesota Statutes, section 84.927, 
 22.36  subdivision 2. 
 23.1      Subd. 4.  [TRAIL DEVELOPMENT.] $150,000 in fiscal year 2004 
 23.2   and $150,000 in fiscal year 2005 are appropriated to the 
 23.3   commissioner of natural resources from the natural resources 
 23.4   fund for trail development.  Of this amount, $86,000 each year 
 23.5   is from the all-terrain vehicle account, $57,000 each year is 
 23.6   from the off-road vehicle account, and $7,000 each year is from 
 23.7   the off-highway motorcycle account. 
 23.8      Subd. 5.  [OFF-HIGHWAY VEHICLE FACILITIES.] $1,000,000 in 
 23.9   fiscal year 2004 is appropriated from the natural resources fund 
 23.10  to the commissioner of natural resources for the Iron Range 
 23.11  off-highway vehicle recreation area.  Of this amount, $600,000 
 23.12  is from the all-terrain vehicle account, $350,000 is from the 
 23.13  off-road vehicle account, and $50,000 is from the off-highway 
 23.14  motorcycle account.  This appropriation is available until 
 23.15  expended. 
 23.16     Sec. 33.  [EFFECTIVE DATES.] 
 23.17     Section 2 is effective ........  Sections 3 and 27 are 
 23.18  effective June 1, 2004.  Section 29 is effective the day 
 23.19  following final enactment.