1.1 	A bill for an act
1.2 	relating to natural resources; regulating off-highway
1.3 	vehicles; requiring rulemaking and modifying certain
1.4 	rulemaking exemptions; modifying certain state trail
1.5 	provisions; modifying designation of state forest
1.6 	roads; modifying forest classification provisions;
1.7 	providing civil penalties; appropriating money;
1.8 	amending Minnesota Statutes 2004, sections 84.775,
1.9 	subdivision 1; 84.780; 84.788, subdivision 3; 84.789,
1.10 	by adding a subdivision; 84.791, subdivision 1;
1.11 	84.798, subdivision 1; 84.925, subdivision 1, by
1.12 	adding a subdivision; 84.9256, subdivision 1; 84.9257;
1.13 	84.926; 84.928, subdivision 2; 85.015, subdivision 13;
1.14 	89.19, subdivision 2; Laws 2003, chapter 128, article
1.15 	1, section 167, subdivision 1; proposing coding for
1.16 	new law in Minnesota Statutes, chapter 84; repealing
1.17 	Minnesota Statutes 2004, section 84.901.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	Section 1. Minnesota Statutes 2004, section 84.775,
1.20 	subdivision 1, is amended to read:
1.21 		Subdivision 1.Civil citation; authority to issue.  (a) A
1.22 	conservation officer or other licensed peace officer may issue a
1.23 	civil citation to a person who operates:
1.24 	(1) an off-highway motorcycle in violation of sections
1.25 	84.773, subdivision 1 or 2, clause (1); 84.777; 84.788 to
1.26 	84.795; or 84.90;
1.27 	(2) an off-road vehicle in violation of sections 84.773,
1.28 	subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or
1.29 	84.90; or
1.30 	(3) an all-terrain vehicle in violation of sections 84.773,
1.31 	subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to
2.1 	84.928.
2.2 	(b) A civil citation under paragraph (a) shall require
2.3 	restitution for public and private property damage and impose a
2.4 	penalty of:
2.5 	(1) $100 for the first offense;
2.6 	(2) $200 for the second offense; and
2.7 	(3) $500 for third and subsequent offenses.
2.8 	(c) A conservation officer or other licensed peace officer
2.9 	may issue a civil citation to a person who operates an
2.10 	off-highway motorcycle, off-road vehicle, or all-terrain vehicle
2.11 	in violation of section 84.773, subdivision 2, clause (2) or
2.12 	(3).  A civil citation under this paragraph shall require
2.13 	restitution for damage to wetlands and impose a penalty of:
2.14 	(1) $100 for the first offense;
2.15 	(2) $500 for the second offense; and 
2.16 	(3) $1,000 for third and subsequent offenses.
2.17 	(d) If the peace officer determines that there is damage to
2.18 	property requiring restitution, the commissioner must send a
2.19 	written explanation of the extent of the damage and the cost of
2.20 	the repair by first class mail to the address provided by the
2.21 	person receiving the citation within 15 days of the date of the
2.22 	citation.

2.23 	Sec. 2. Minnesota Statutes 2004, section 84.780, is
2.24 	amended to read:
2.25 	84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
2.26 	(a) The off-highway vehicle damage account is created in
2.27 	the natural resources fund.  Money in the off-highway vehicle
2.28 	damage account is appropriated to the commissioner of natural
2.29 	resources for:
2.30 	(1) the repair or restoration of property damaged by the
2.31 	operation of off-highway vehicles in an unpermitted area after
2.32 	August 1, 2003,;
2.33 	(2) the repair or restoration of driveways that have been
2.34 	damaged from the legal operation of off-highway vehicles within
2.35 	a public road right-of-way;and
2.36 	for (3) the costs of administration for this section.
3.1 	(b) Before the commissioner may make a payment from this
3.2 	account, the commissioner must determine whether the damage to
3.3 	the applicant's property was caused by the unpermitted use of
3.4 	off-highway vehicles, that the applicant has made reasonable
3.5 	efforts to identify the responsible individual and obtain
3.6 	payment from the individual, and that the applicant has made
3.7 	reasonable efforts to prevent reoccurrence.  By June 30, 2005,
3.8 	the commissioner of finance must transfer the remaining balance
3.9 	in the account to the off-highway motorcycle account under
3.10 	section 84.794, the off-road vehicle account under section
3.11 	84.803, and the all-terrain vehicle account under section
3.12 	84.927.  The amount transferred to each account must be
3.13 	proportionate to the amounts received in the damage account from
3.14 	the relevant off-highway vehicle accounts or by the legal
3.15 	operation of off-highway vehicles within a public road
3.16 	right-of-way.
3.17 	(b) (c) Determinations of the commissioner under this
3.18 	section may be made by written order and are exempt from the
3.19 	rulemaking provisions of chapter 14.  Section 14.386 does not
3.20 	apply.
3.21 	(c) This section expires July 1, 2005.

3.22 	Sec. 3. [84.781] USE OF DEPARTMENT RESOURCES.
3.23 	The commissioner of natural resources may permit Department
3.24 	of Natural Resources personnel and equipment from the Division
3.25 	of Trails and Waterways to be used to assist local units of
3.26 	government in developing and maintaining off-highway vehicle
3.27 	grant-in-aid trails located on property owned by or under the
3.28 	control of the local unit of government.

3.29 	Sec. 4. [84.785] OFF-HIGHWAY VEHICLE SAFETY AND
3.30 	CONSERVATION GRANT PROGRAM.
3.31 		Subdivision 1.Creation. The commissioner of natural
3.32 	resources shall establish an off-highway vehicle safety and
3.33 	conservation grant program to award grants to organizations that
3.34 	meet the eligibility requirements under subdivision 3.
3.35 		Subd. 2.Purpose. The purpose of the off-highway vehicle
3.36 	safety and conservation grant program is to encourage
4.1 	off-highway vehicle clubs to assist in safety and environmental
4.2 	education and in improving, maintaining, and monitoring trails
4.3 	on state forest land and other public lands.
4.4 		Subd. 3.Eligibility. To be eligible for a grant under
4.5 	this section, an organization must:
4.6 	(1) be a statewide Minnesota organization that has been in
4.7 	existence at least five years and that promotes the operation of
4.8 	off-highway vehicles in a manner that is safe, responsible, and
4.9 	does not harm the environment;
4.10 	(2) promote the operation of off-highway vehicles in a
4.11 	manner that does not conflict with the laws and rules that
4.12 	relate to the operation of off-highway vehicles;
4.13 	(3) have an interest limited to the operation of motorized
4.14 	vehicles on motorized trails and other designated areas;
4.15 	(4) have a board of directors that has 80 percent of its
4.16 	members who are representatives of all-terrain vehicle clubs,
4.17 	off-highway motorcycle clubs, or off-road vehicle clubs; and 
4.18 	(5) provide support to off-highway vehicle clubs.
4.19 		Subd. 4.Use of grants. An organization receiving a
4.20 	grant under this section shall use the grant money to promote
4.21 	and provide support to the Department of Natural Resources by:
4.22 	(1) encouraging off-highway vehicle clubs to assist in
4.23 	improving, maintaining, and monitoring trails on state forest
4.24 	land and other public lands;
4.25 	(2) providing assistance to the department in locating,
4.26 	recruiting, and training instructors;
4.27 	(3) assisting the commissioner and the director of tourism
4.28 	in creating an outreach program to inform local communities of
4.29 	appropriate off-highway vehicle use in their communities and of
4.30 	the economic benefits and costs that may be attributed to
4.31 	promoting tourism to attract off-highway vehicles;
4.32 	(4) publishing a manual in cooperation with the
4.33 	commissioner that will be used to train volunteers in monitoring
4.34 	the operation of off-highway vehicles for safety, environmental,
4.35 	and other issues that relate to the responsible operation of
4.36 	off-highway vehicles; and 
5.1 	(5) collecting data on the operation of off-highway
5.2 	vehicles in the state.

5.3 	Sec. 5. [84.7851] WORKER DISPLACEMENT PROHIBITED.
5.4 	The commissioner may not enter into any agreement that has
5.5 	the purpose of or results in the displacement of public
5.6 	employees by volunteers participating in an off-highway safety
5.7 	and conservation program.  The commissioner must certify to the
5.8 	appropriate bargaining agent that the work performed by a
5.9 	volunteer will not result in the displacement of currently
5.10 	employed workers or workers on seasonal layoff or layoff from a
5.11 	substantially equivalent position, including partial
5.12 	displacement such as reduction in hours of nonovertime work,
5.13 	wages, or other employment benefits.

5.14 	Sec. 6. Minnesota Statutes 2004, section 84.788,
5.15 	subdivision 3, is amended to read:
5.16 		Subd. 3.Application; issuance; reports.  (a) Application
5.17 	for registration or continued registration must be made to the
5.18 	commissioner or an authorized deputy registrar of motor vehicles
5.19 	in a form prescribed by the commissioner.  The form must state
5.20 	the name and address of every owner of the off-highway
5.21 	motorcycle.
5.22 	(b) A person who purchases from a retail dealer an
5.23 	off-highway motorcycle shall make application for registration
5.24 	to the dealer at the point of sale.  The dealer shall issue a
5.25 	temporary ten-day registration permit to each purchaser who
5.26 	applies to the dealer for registration.  The dealer shall submit
5.27 	the completed registration applications and fees to the deputy
5.28 	registrar at least once each week.  No fee may be charged by a
5.29 	dealer to a purchaser for providing the temporary permit.
5.30 	(c) Upon receipt of the application and the appropriate
5.31 	fee, the commissioner or deputy registrar shall issue to the
5.32 	applicant, or provide to the dealer, a 60-day temporary receipt
5.33 	and shall assign a registration number that must be affixed to
5.34 	the motorcycle in a manner prescribed by the commissioner 
5.35 	according to paragraph (f).  A dealer subject to paragraph (b)
5.36 	shall provide the registration materials and temporary receipt
6.1 	to the purchaser within the ten-day temporary permit period.
6.2 	(d) The commissioner shall develop a registration system to
6.3 	register vehicles under this section.  A deputy registrar of
6.4 	motor vehicles acting under section 168.33, is also a deputy
6.5 	registrar of off-highway motorcycles.  The commissioner of
6.6 	natural resources in agreement with the commissioner of public
6.7 	safety may prescribe the accounting and procedural requirements
6.8 	necessary to ensure efficient handling of registrations and
6.9 	registration fees.  Deputy registrars shall strictly comply with
6.10 	the accounting and procedural requirements.
6.11 	(e) In addition to other fees prescribed by law, a filing
6.12 	fee of $4.50 is charged for each off-highway motorcycle
6.13 	registration renewal, duplicate or replacement registration
6.14 	card, and replacement decal and a filing fee of $7 is charged
6.15 	for each off-highway motorcycle registration and registration
6.16 	transfer issued by:
6.17 	(1) a deputy registrar and must be deposited in the
6.18 	treasury of the jurisdiction where the deputy is appointed, or
6.19 	kept if the deputy is not a public official; or
6.20 	(2) the commissioner and must be deposited in the state
6.21 	treasury and credited to the off-highway motorcycle account.
6.22 	(f) Unless exempted in paragraph (g), the owner of an
6.23 	off-highway motorcycle must display a registration decal issued
6.24 	by the commissioner.  If the motorcycle is licensed as a motor
6.25 	vehicle, a registration decal must be affixed on the upper left
6.26 	corner of the rear license plate.  If the motorcycle is not
6.27 	licensed as a motor vehicle, the decal must be attached on the
6.28 	side of the motorcycle and may be attached to the fork tube.
6.29 	The decal must be attached in a manner so that it is visible
6.30 	while a rider is on the motorcycle.  The issued decals must be
6.31 	of a size to work within the constraints of the electronic
6.32 	licensing system, not to exceed three inches high and three
6.33 	inches wide.
6.34 	(g) Display of a registration decal is not required for an
6.35 	off-highway motorcycle:
6.36 	(1) while being operated on private property; or 
7.1 	(2) while competing in a closed-course competition event.

7.2 	Sec. 7. Minnesota Statutes 2004, section 84.789, is
7.3 	amended by adding a subdivision to read:
7.4 		Subd. 3.Sound emissions. (a) On and after July 1, 2006,
7.5 	off-highway motorcycles, when operating on public lands, shall
7.6 	at all times be equipped with a silencer or other device that
7.7 	limits sound emissions according to this subdivision.
7.8 	(b) Sound emissions of competition off-highway motorcycles
7.9 	manufactured on or after January 1, 1998, are limited to not
7.10 	more than 96 dbA and, if manufactured prior to January 1, 1998,
7.11 	to not more than 99 dbA, when measured from a distance of 20
7.12 	inches using test procedures established by the Society of
7.13 	Automotive Engineers under Standard J-1287, as applicable.
7.14 	(c) Sound emissions of all other off-highway motorcycles
7.15 	are limited to not more than 96 dbA if manufactured on or after
7.16 	January 1, 1986, and not more than 99 dbA if manufactured prior
7.17 	to January 1, 1986, when measured from a distance of 20 inches
7.18 	using test procedures established by the Society of Automotive
7.19 	Engineers under Standard J-1287, as applicable.

7.20 	Sec. 8. Minnesota Statutes 2004, section 84.791,
7.21 	subdivision 1, is amended to read:
7.22 		Subdivision 1.Program established; when required. (a) 
7.23 	The commissioner shall establish a comprehensive off-highway
7.24 	motorcycle environment and safety education and training
7.25 	program, including the preparation and dissemination of vehicle
7.26 	information and safety advice to the public, the training of
7.27 	off-highway motorcycle operators, and the issuance of
7.28 	off-highway motorcycle safety certificates to operators under
7.29 	the age of 16 years who successfully complete the off-highway
7.30 	motorcycle environment and safety education and training courses.
7.31 	(b) An individual who is convicted of violating a law
7.32 	related to the operation of an off-highway motorcycle must
7.33 	successfully complete the environment and safety education and
7.34 	training program established under paragraph (a) before
7.35 	continuing operation of an off-highway motorcycle.

7.36 	Sec. 9. Minnesota Statutes 2004, section 84.798,
8.1 	subdivision 1, is amended to read:
8.2 		Subdivision 1.General requirements. (a) Unless exempted
8.3 	under paragraph (b) or subdivision 2, after January 1, 1995, a
8.4 	person may not operate and an owner may not give permission for
8.5 	another to operate a vehicle off-road, nor may a person have an
8.6 	off-road vehicle not registered under chapter 168 in possession
8.7 	at an off-road vehicle staging area, or designated trail on
8.8 	lands administered by the commissioner on off-road
8.9 	vehicle-designated trails or area areas, or on off-road vehicle
8.10 	grant-in-aid trails and areas funded under section 84.803,
8.11 	unless the vehicle has been registered under this section.
8.12 	(b) Annually on the third Saturday of May, the commissioner
8.13 	shall allow the operation of nonregistered off-road vehicles at
8.14 	the Iron Range Off-Highway Vehicle Recreation Area.

8.15 	Sec. 10. [84.8015] EDUCATION AND TRAINING.
8.16 		Subdivision 1.Program established when required. (a)
8.17 	The commissioner shall establish a comprehensive off-road
8.18 	vehicle environment and safety education and training program,
8.19 	including the preparation and dissemination of vehicle
8.20 	information and safety advice to the public, the training of
8.21 	off-road vehicle operators, and the issuance of off-road vehicle
8.22 	safety certificates to operators 16 to 18 years of age who
8.23 	successfully complete the off-road vehicle environment and
8.24 	safety education and training courses.
8.25 	(b) Beginning July 1, 2006, an individual who is convicted
8.26 	of violating a law related to the operation of an off-road
8.27 	vehicle must successfully complete the environment and safety
8.28 	education and training program established under paragraph (a)
8.29 	before continuing operation of an off-road vehicle.
8.30 		Subd. 2.Fees. For the purposes of administering the
8.31 	program and to defray a portion of the expenses of training and
8.32 	certifying vehicle operators, the commissioner shall collect a
8.33 	fee not to exceed $....... from each person who receives the
8.34 	training.  The commissioner shall collect a fee for issuing a
8.35 	duplicate off-road vehicle safety certificate.  The commissioner
8.36 	shall establish the fee for a duplicate off-road vehicle safety
9.1 	certificate that neither significantly overrecovers nor
9.2 	underrecovers costs, including overhead costs, involved in
9.3 	providing the service.  The fees must be deposited in the state
9.4 	treasury and credited to the off-road vehicle account.
9.5 		Subd. 3.Cooperation and consultation. The commissioner
9.6 	shall cooperate with private organizations and associations,
9.7 	private and public corporations, and local governmental units in
9.8 	furtherance of the program established under this section.  The
9.9 	commissioner shall consult with the commissioner of public
9.10 	safety in regard to training program subject matter and
9.11 	performance testing that leads to the certification of off-road
9.12 	vehicle operators.
9.13 		Subd. 4.Reciprocity with other states. The commissioner
9.14 	may enter into reciprocity agreements or otherwise certify
9.15 	off-road vehicle environment and safety education and training
9.16 	courses from other states that are substantially similar to
9.17 	in-state courses.  Proof of completion of a course subject to a
9.18 	reciprocity agreement or certified as substantially similar is
9.19 	adequate to meet the safety certificate requirements of this
9.20 	section.

9.21 	Sec. 11. Minnesota Statutes 2004, section 84.925,
9.22 	subdivision 1, is amended to read:
9.23 		Subdivision 1.Program established.  (a) The commissioner
9.24 	shall establish a comprehensive all-terrain vehicle
9.25 	environmental and safety education and training program,
9.26 	including the preparation and dissemination of vehicle
9.27 	information and safety advice to the public, the training of
9.28 	all-terrain vehicle operators, and the issuance of all-terrain
9.29 	vehicle safety certificates to vehicle operators over the age of
9.30 	12 years who successfully complete the all-terrain vehicle
9.31 	environmental and safety education and training course.
9.32 	(b) For the purpose of administering the program and to
9.33 	defray a portion of the expenses of training and certifying
9.34 	vehicle operators, the commissioner shall collect a fee of $15
9.35 	from each person who receives the training.  The commissioner
9.36 	shall collect a fee for issuing a duplicate all-terrain vehicle
10.1 	safety certificate.  The commissioner shall establish the fee
10.2 	for a duplicate all-terrain vehicle safety certificate that
10.3 	neither significantly overrecovers nor underrecovers costs,
10.4 	including overhead costs, involved in providing the service.
10.5 	Fee proceeds shall be deposited in the all-terrain vehicle
10.6 	account in the natural resources fund. In addition to the fee
10.7 	established by the commissioner, instructors may charge each
10.8 	person up to $5 for class material and expenses.
10.9 	(c) The commissioner shall cooperate with private
10.10 	organizations and associations, private and public corporations,
10.11 	and local governmental units in furtherance of the program
10.12 	established under this section.  School districts may cooperate
10.13 	with the commissioner and volunteer instructors to provide space
10.14 	for the classroom portion of the training.  The commissioner
10.15 	shall consult with the commissioner of public safety in regard
10.16 	to training program subject matter and performance testing that
10.17 	leads to the certification of vehicle operators.  By June 30,
10.18 	2003, the commissioner shall incorporate a riding component in
10.19 	the safety education and training program.

10.20 	Sec. 12. Minnesota Statutes 2004, section 84.925, is
10.21 	amended by adding a subdivision to read:
10.22 		Subd. 5.Training requirements. (a) An individual who
10.23 	was born after July 1, 1987, and who is 16 years of age or
10.24 	older, must successfully complete the independent study course
10.25 	component of all-terrain vehicle safety training.
10.26 	(b) An individual who is convicted of violating a law
10.27 	related to the operation of an all-terrain vehicle must
10.28 	successfully complete the independent study course component of
10.29 	all-terrain vehicle safety training before continuing operation
10.30 	of an all-terrain vehicle.
10.31 	(c) An individual who is convicted for a second or
10.32 	subsequent excess speed, trespass, or wetland violation in an
10.33 	all-terrain vehicle season, or any conviction for careless or
10.34 	reckless operation of an all-terrain vehicle, must successfully
10.35 	complete the independent study and the testing and operating
10.36 	course components of all-terrain vehicle safety training before
11.1 	continuing operation of an all-terrain vehicle.
11.2 	(d) An individual who receives three or more citations and
11.3 	convictions for violating a law related to the operation of an
11.4 	all-terrain vehicle in a two-year period must successfully
11.5 	complete the independent study and the testing and operating
11.6 	course components of all-terrain vehicle safety training before
11.7 	continuing operation of an all-terrain vehicle.
11.8 	(e) An individual must present evidence of compliance with
11.9 	this subdivision before an all-terrain vehicle registration is
11.10 	issued or renewed.
11.11 	
EFFECTIVE DATE. This section is effective January 1, 2006.

11.12 	Sec. 13. Minnesota Statutes 2004, section 84.9256,
11.13 	subdivision 1, is amended to read:
11.14 		Subdivision 1.Prohibitions on youthful operators.  (a)
11.15 	Except for operation on public road rights-of-way that is
11.16 	permitted under section 84.928, a driver's license issued by the
11.17 	state or another state is required to operate an all-terrain
11.18 	vehicle along or on a public road right-of-way.
11.19 	(b) A person under 12 years of age shall not:
11.20 	(1) make a direct crossing of a public road right-of-way;
11.21 	(2) operate an all-terrain vehicle on a public road
11.22 	right-of-way in the state; or
11.23 	(3) operate an all-terrain vehicle on public lands or
11.24 	waters, except as provided in paragraph (e).
11.25 	(c) Except for public road rights-of-way of interstate
11.26 	highways, a person 12 years of age but less than 16 years may
11.27 	make a direct crossing of a public road right-of-way of a trunk,
11.28 	county state-aid, or county highway or operate on public lands
11.29 	and waters, only if that person possesses a valid all-terrain
11.30 	vehicle safety certificate issued by the commissioner and is
11.31 	accompanied on another all-terrain vehicle by a person 18 years
11.32 	of age or older who holds a valid driver's license.
11.33 	(d) To be issued an all-terrain vehicle safety certificates
11.34 	issued by the commissioner to persons certificate, a person at
11.35 	least 12 years old, but less than 16 years old, are not valid
11.36 	for machines in excess of 90cc engine capacity unless must:
12.1 	(1) the person successfully completed complete the safety
12.2 	education and training program under section 84.925, subdivision
12.3 	1, including a riding component; and 
12.4 	(2) the riding component of the training was conducted
12.5 	using an all-terrain vehicle with over 90cc engine capacity; and 
12.6 	(3) the person is be able to properly reach and control the
12.7 	handle bars and reach the foot pegs while sitting upright on the
12.8 	seat of the all-terrain vehicle.
12.9 	(e) A person at least ten years of age but under 12 years
12.10 	of age may operate an all-terrain vehicle with an engine
12.11 	capacity up to 90cc on public lands or waters if accompanied by
12.12 	a parent or legal guardian.

12.13 	Sec. 14. Minnesota Statutes 2004, section 84.9257, is
12.14 	amended to read:
12.15 	84.9257 PASSENGERS.
12.16 	(a) A parent or guardian may operate an all-terrain vehicle
12.17 	carrying one passenger who is under 16 years of age and who
12.18 	wears a safety helmet approved by the commissioner of public
12.19 	safety.
12.20 	(b) For the purpose of this section, "guardian" means a
12.21 	legal guardian of a person under age 16, or a person 18 or older
12.22 	who has been authorized by the parent or legal guardian to
12.23 	supervise the person under age 16.
12.24 	(c) A person 18 years of age or older may operate an
12.25 	all-terrain vehicle carrying one passenger who is 16 or 17 years
12.26 	of age and wears a safety helmet approved by the commissioner of
12.27 	public safety.
12.28 	(d) A person 18 years of age or older may operate an
12.29 	all-terrain vehicle carrying one passenger who is 18 years of
12.30 	age or older.

12.31 	Sec. 15. Minnesota Statutes 2004, section 84.926, is
12.32 	amended to read:
12.33 	84.926 VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
12.34 	COMMISSIONER ; EXCEPTIONS.
12.35 		Subdivision 1.Exception by permit.
 12.36 	Notwithstanding section sections 84.773, subdivision 1, and 
13.1 	84.777, on a case by case basis, the commissioner may issue a
13.2 	permit authorizing a person to operate an off-highway vehicle on
13.3 	individual public trails under the commissioner's jurisdiction
13.4 	during specified times and for specified purposes.
13.5 		Subd. 2.All-terrain vehicles; managed or limited
13.6 	forests; off trail. Notwithstanding section 84.777, on state
13.7 	forest lands classified as managed or limited, other than the
13.8 	Richard J. Dorer Memorial Hardwood Forest, a person may use an
13.9 	all-terrain vehicle off forest trails or forest roads when:
13.10 	(1) hunting big game or transporting or installing hunting
13.11 	stands during October, November, and December, when in
13.12 	possession of a valid big game hunting license;
13.13 	(2) retrieving big game in September, when in possession of
13.14 	a valid big game hunting license;
13.15 	(3) tending traps during an open trapping season for
13.16 	protected furbearers, when in possession of a valid trapping
13.17 	license; or 
13.18 	(4) trapping minnows, when in possession of a valid minnow
13.19 	dealer, private fish hatchery, or aquatic farm license.
13.20 		Subd. 3.All-terrain vehicles; closed forests;
13.21 	hunting. Notwithstanding section 84.777, the commissioner may
13.22 	determine whether all-terrain vehicles are allowed on specific
13.23 	forest roads, on state forest lands classified as closed, for
13.24 	the purpose of hunting big game during an open big game season.
13.25 	The determination shall be by written order as published in the
13.26 	State Register and is exempt from chapter 14.  Section 14.386
13.27 	does not apply.
13.28 		Subd. 4.Off-road and all-terrain vehicles; limited or
13.29 	managed forests; trails. Notwithstanding section 84.777, on
13.30 	state forest lands classified as limited or managed, other than
13.31 	the Richard J. Dorer Memorial Hardwood Forest, a person may use
13.32 	vehicles registered under chapter 168 or section 84.798 or
13.33 	84.922 on forest trails that are not designated for a specific
13.34 	use when:
13.35 	(1) hunting big game or transporting or installing hunting
13.36 	stands during October, November, and December, when in
14.1 	possession of a valid big game hunting license;
14.2 	(2) retrieving big game in September, when in possession of
14.3 	a valid big game hunting license;
14.4 	(3) tending traps during an open trapping season for
14.5 	protected furbearers, when in possession of a valid trapping
14.6 	license; or 
14.7 	(4) trapping minnows, when in possession of a valid minnow
14.8 	dealer, private fish hatchery, or aquatic farm license.

14.9 	Sec. 16. Minnesota Statutes 2004, section 84.928,
14.10 	subdivision 2, is amended to read:
14.11 		Subd. 2.Operation generally.  A person may not drive or
14.12 	operate an all-terrain vehicle:
14.13 	(1) at a rate of speed greater than reasonable or proper
14.14 	under the surrounding circumstances;
14.15 	(2) in a careless, reckless, or negligent manner so as to
14.16 	endanger or to cause injury or damage to the person or property
14.17 	of another;
14.18 	(3) without headlight and taillight lighted at all times if
14.19 	the vehicle is equipped with headlight and taillight;
14.20 	(4) without a functioning stoplight if so equipped;
14.21 	(5) in a tree nursery or planting in a manner that damages
14.22 	or destroys growing stock;
14.23 	(6) without a brake operational by either hand or foot;
14.24 	(7) with more persons than one person on the vehicle than
14.25 	it was designed for, except as allowed under section 84.9257;
14.26 	(8) at a speed exceeding ten miles per hour on the frozen
14.27 	surface of public waters within 100 feet of a person not on an
14.28 	all-terrain vehicle or within 100 feet of a fishing shelter; or
14.29 	(9) in a manner that violates operation rules adopted by
14.30 	the commissioner.

14.31 	Sec. 17. Minnesota Statutes 2004, section 85.015,
14.32 	subdivision 13, is amended to read:
14.33 		Subd. 13.Arrowhead region trails, in cook, lake, st.
14.34 	louis, koochiching and itasca counties.  (a)(1) The Taconite
14.35 	Trail shall originate at Ely in St. Louis County and extend
14.36 	southwesterly to Tower in St. Louis County, thence westerly to
15.1 	McCarthy Beach State Park in St. Louis County, thence
15.2 	southwesterly to Grand Rapids in Itasca County and there
15.3 	terminate;
15.4 	(2) The Northshore Trail shall originate in Duluth in St.
15.5 	Louis County and extend northeasterly to Two Harbors in Lake
15.6 	County, thence northeasterly to Grand Marais in Cook County,
15.7 	thence northeasterly to the international boundary in the
15.8 	vicinity of the north shore of Lake Superior, and there
15.9 	terminate;
15.10 	(3) The Grand Marais to International Falls Trail shall
15.11 	originate in Grand Marais in Cook County and extend
15.12 	northwesterly, outside of the Boundary Waters Canoe Area, to Ely
15.13 	in St. Louis County, thence southwesterly along the route of the
15.14 	Taconite Trail to Tower in St. Louis County, thence
15.15 	northwesterly through the Pelican Lake area in St. Louis County
15.16 	to International Falls in Koochiching County, and there
15.17 	terminate.
15.18 	(b) The trails shall be developed primarily for riding and
15.19 	hiking. The Northshore Trail may also be used by all-terrain
15.20 	vehicles and the commissioner of natural resources shall
15.21 	designate the following portion as an all-terrain vehicle
15.22 	trail:  from the existing parking lot on Normanna Road, St.
15.23 	Louis County 38, in the Southeast Quarter of the Southwest
15.24 	Quarter, Section 16, Township 52 North, Range 13 West, to the
15.25 	Moosewalk grant-in-aid trail junction near Hockamin Creek in the
15.26 	Northeast Quarter of the Northwest Quarter, Section 26, Township
15.27 	57 North, Range 8 West.
15.28 	(c) In addition to the authority granted in subdivision 1,
15.29 	lands and interests in lands for the Arrowhead Region trails may
15.30 	be acquired by eminent domain.  Before acquiring any land or
15.31 	interest in land by eminent domain the commissioner of
15.32 	administration shall obtain the approval of the governor.  The
15.33 	governor shall consult with the Legislative Advisory Commission
15.34 	before granting approval.  Recommendations of the Legislative
15.35 	Advisory Commission shall be advisory only.  Failure or refusal
15.36 	of the commission to make a recommendation shall be deemed a
16.1 	negative recommendation.

16.2 	Sec. 18. Minnesota Statutes 2004, section 89.19,
16.3 	subdivision 2, is amended to read:
16.4 		Subd. 2.Rulemaking exemption.  Designations of forest
16.5 	trails and changes to the designations by the commissioner shall
16.6 	be by written order published in the State Register.
16.7 	Designations and changes to designations are not subject to the
16.8 	rulemaking provisions of chapter 14 and section 14.386 does not
16.9 	apply.  Before designating or changing a designation of forest
16.10 	trails, the commissioner shall hold a public meeting in the
16.11 	county where the largest portion of the forest lands are located
16.12 	to provide information to and receive comment from the public
16.13 	regarding the proposed trail designation or change in
16.14 	designation.  Sixty days before the public meeting, notice of
16.15 	the proposed forest trail designation or change in designation 
16.16 	shall be published in the legal newspapers that serve the
16.17 	counties in which the lands are located, in a statewide
16.18 	Department of Natural Resources news release, and in the State
16.19 	Register.

16.20 	Sec. 19. Laws 2003, chapter 128, article 1, section 167,
16.21 	subdivision 1, is amended to read:
16.22 		Subdivision 1.Forest classification status review. (a)
16.23 	By December 31, 2006, the commissioner of natural resources
16.24 	shall complete a review of the forest classification status of
16.25 	all state forests classified as managed or limited, all forest
16.26 	lands under the authority of the commissioner as defined in
16.27 	Minnesota Statutes, section 89.001, subdivision 13, and lands
16.28 	managed by the commissioner under Minnesota Statutes, section
16.29 	282.011.  The review must be conducted on a forest-by-forest and
16.30 	area-by-area basis in accordance with the process and criteria
16.31 	under Minnesota Rules, part 6100.1950.  After each forest is
16.32 	reviewed, the commissioner must change its status to limited or
16.33 	closed, and must provide a similar status for each of the other
16.34 	areas subject to review under this section after each individual
16.35 	review is completed.
16.36 	(b) If the commissioner determines on January 1, 2005, that
17.1 	the review required under this section cannot be completed by
17.2 	December 31, 2006, the completion date for the review shall be
17.3 	extended to December 31, 2008.  By January 15, 2005, the
17.4 	commissioner shall report to the chairs of the legislative
17.5 	committees with jurisdiction over natural resources policy and
17.6 	finance regarding the status of the process required by this
17.7 	section.
17.8 	(c) Until December 31, 2010, the state forests and areas
17.9 	subject to review under this section are exempt from Minnesota
17.10 	Statutes, section 84.777, unless an individual forest or area
17.11 	has been classified as limited or closed.
17.12 	(d) This subdivision does not apply to forest lands north
17.13 	of U.S. Highway 2.  All forest lands under the authority of the
17.14 	commissioner as defined in Minnesota Statutes, section 89.001,
17.15 	subdivision 13, and lands managed by the commissioner under
17.16 	Minnesota Statutes, section 282.011, that are north of U.S.
17.17 	Highway 2 shall maintain their present classification unless the
17.18 	commissioner reclassifies the lands under Minnesota Rules, part
17.19 	6100.1950.

17.20 	Sec. 20. REQUIRED RULEMAKING.
 17.21 	(a) The commissioner of natural resources shall amend
17.22 	Minnesota Rules, part 6232.0300, subpart 7, to permit an
17.23 	individual to operate an all-terrain vehicle on privately owned
17.24 	land in an area open to taking deer by firearms during the legal
17.25 	shooting hours of the deer season, regardless of whether the
17.26 	individual is licensed to take deer on the day of operation, if
17.27 	the individual is:
17.28 	(1) pursuing an occupation when operating the all-terrain
17.29 	vehicle;
17.30 	(2) not in possession of a firearm; and 
17.31 	(3) the owner of the land on which the all-terrain vehicle
17.32 	is operated, an employee of the land owner, or an immediate
17.33 	family member of the land owner.
17.34 	(b) The commissioner may use the good cause exemption under
17.35 	Minnesota Statutes, section 14.388, subdivision 1, clause (3),
17.36 	in amending the rule under paragraph (a).  Minnesota Statutes,
18.1 	section 14.386, does not apply, except to the extent provided
18.2 	under Minnesota Statutes, section 14.388.

18.3 	Sec. 21. APPROPRIATION.
 18.4 	(a) $200,000 is appropriated from the natural resources
18.5 	fund to the commissioner of natural resources for the
18.6 	off-highway vehicle safety and conservation grant program under
18.7 	section 4.  Of this amount, $10,000 is from the off-highway
18.8 	motorcycle account, $20,000 is from the off-road vehicle
18.9 	account, and $170,000 is from the all-terrain vehicle account.
18.10 	(b) $....... is appropriated from the natural resources
18.11 	fund to the commissioner of natural resources for additional
18.12 	grants-in-aid.  Of this amount, $....... is from the all-terrain
18.13 	vehicle account, $....... is from the off-road vehicle account,
18.14 	and $....... is from the off-highway motorcycle account.
18.15 	(c) $....... is appropriated from the natural resources
18.16 	fund to the commissioner of natural resources to produce an
18.17 	interactive CD-ROM training tool for the off-highway motorcycle
18.18 	education and training program under Minnesota Statutes, section
18.19 	84.791.
18.20 	(d) $....... is appropriated from the off-road vehicle
18.21 	account in the natural resources fund to the commissioner of
18.22 	natural resources to establish the off-road vehicle environment
18.23 	and safety education and training program under Minnesota
18.24 	Statutes, section 84.8015.

18.25 	Sec. 22. REPEALER.
 18.26 	Minnesota Statutes 2004, section 84.901, is repealed.