1.1 	A bill for an act
1.2 	relating to natural resources; modifying restrictions
1.3 	on the operation of off-highway vehicles; extending
1.4 	the availability of the off-highway vehicle damage
1.5 	account; providing for seizure and forfeiture of
1.6 	certain off-highway vehicles; requiring certain
1.7 	off-highway vehicle violations to be added to the
1.8 	driving record of the violator; modifying civil
1.9 	penalties; clarifying the requirement for off-road
1.10 	vehicle registration; modifying off-road vehicle
1.11 	account receipts and disposition; requiring plates on
1.12 	all-terrain vehicles; providing for revocation of
1.13 	registration; providing criminal penalties; amending
1.14 	Minnesota Statutes 2004, sections 84.773, subdivision
1.15 	1, by adding a subdivision; 84.775, subdivision 1;
1.16 	84.780; 84.797, subdivisions 6, 12; 84.798,
1.17 	subdivision 1; 84.802; 84.803; 84.804, subdivisions 1,
1.18 	2, 3; 84.922, subdivision 2; 84.928, subdivision 2;
1.19 	97A.315, subdivision 2; proposing coding for new law
1.20 	in Minnesota Statutes, chapter 84; repealing Minnesota
1.21 	Statutes 2004, sections 84.796; 84.805; 84.929;
1.22 	296A.18, subdivision 6.
1.23 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.24 	Section 1. [84.772] OFF-HIGHWAY VEHICLE TOLL-FREE
1.25 	HOTLINE.
1.26 	The commissioner of natural resources shall maintain and
1.27 	publicize a toll-free telephone number that allows citizens to:
1.28 	(1) obtain tape-recorded information about trail
1.29 	conditions;
1.30 	(2) report complaints about or violations by operators of
1.31 	off-highway vehicles; and 
1.32 	(3) report damage caused by all-terrain vehicles and trail
1.33 	safety concerns.

1.34 	Sec. 2. Minnesota Statutes 2004, section 84.773,
2.1 	subdivision 1, is amended to read:
2.2 		Subdivision 1.Restrictions. (a) A person may not
2.3 	intentionally operate an off-highway vehicle:
2.4 	(1) on a trail on public land that is designated or signed
2.5 	for nonmotorized use only;
2.6 	(2) on restricted areas within public lands that are posted
2.7 	or where gates or other clearly visible structures are placed to
2.8 	prevent unauthorized motorized vehicle access;
2.9 	(3) except as specifically authorized by law or rule
2.10 	adopted by the commissioner, in unfrozen public waters, as
2.11 	defined in section 103G.005; in a state park; in a scientific
2.12 	and natural area; or in a wildlife management area; or
2.13 	(4) in a calcareous fen, as identified by the commissioner.
2.14 	(b) A person may not operate an off-highway vehicle at a
2.15 	speed greater than ten miles per hour:
2.16 	(1) within 100 feet of a person who is not:
2.17 	(i) on an off-highway vehicle, snowmobile, or motorcycle;
2.18 	or 
2.19 	(ii) in a motor vehicle;
2.20 	(2) within 100 feet of a fish house, dark house, or any
2.21 	other structure while operating on a frozen public water; or 
2.22 	(3) within 150 feet of a home or residential dwelling.

2.23 	Sec. 3. Minnesota Statutes 2004, section 84.773, is
2.24 	amended by adding a subdivision to read:
2.25 		Subd. 1a.Mufflers. (a) No person shall operate an
2.26 	off-highway vehicle unless it is equipped with a muffler having
2.27 	a spark arrestor approved by the United States Forest Service as
2.28 	described under Code of Federal Regulations, title 36, section
2.29 	261.52, paragraph (j).
2.30 	(b) Off-highway vehicles shall not be sold, offered for
2.31 	sale, or operated in this state unless equipped so that overall
2.32 	noise emission does not exceed a sound level limitation of not
2.33 	more than 95 decibels on the A scale from a distance of 20
2.34 	inches using test procedures and instrumentation as set forth in
2.35 	the Society of Automotive Engineers' Standard, SAE J1287, June
2.36 	1988, or, if different procedures or instrumentation are used, a
3.1 	noise level equivalent to that level.
3.2 	(c) No noise suppressing system or muffler shall be
3.3 	equipped with a cutout, bypass, or similar device and no person
3.4 	shall modify or alter that system or its operation in any manner
3.5 	that will amplify or increase the noise emitted by the vehicle's
3.6 	motor to exceed the noise limits established in this
3.7 	subdivision, except for organized events as authorized by
3.8 	sections 84.795, subdivision 7; 84.804, subdivision 5; and
3.9 	84.928, subdivision 5.

3.10 	Sec. 4. [84.774] OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.
3.11 	(a) Except as provided in paragraph (b), a person who
3.12 	violates a provision of sections 84.773; 84.777; 84.788 to
3.13 	84.795; 84.798 to 84.804; 84.90; or 84.922 to 84.928 or rules of
3.14 	the commissioner relating to off-highway vehicle use is guilty
3.15 	of a misdemeanor.
3.16 	(b) A person is guilty of a gross misdemeanor if the person:
3.17 	(1) knowingly disregards signs prohibiting the use of
3.18 	off-highway vehicles and operates an off-highway vehicle in an
3.19 	area where the use is prohibited;
3.20 	(2) violates section 84.773 or 84.777 after personally
3.21 	being notified by a peace officer not to operate in the area
3.22 	prohibited;
3.23 	(3) violates a section listed in paragraph (a) and has at
3.24 	least one conviction for a violation under those sections in the
3.25 	last three years;
3.26 	(4) violates a section listed in paragraph (a) resulting in
3.27 	the endangerment of another person; or 
3.28 	(5) violates section 84.773; 84.777; 84.90; or 97B.001 and
3.29 	the violation results in property damage in excess of 400 square
3.30 	feet or with a cost of repair in excess of $500.
3.31 	(c) A person convicted of a gross misdemeanor under
3.32 	paragraph (b) is prohibited from operating an off-highway
3.33 	vehicle for a period of two years.  The commissioner shall
3.34 	notify the person of the time period during which the person is
3.35 	prohibited from operating an off-highway vehicle.

3.36 	EFFECTIVE DATE. This section is effective August 1, 2005,
4.1 	and applies to crimes committed on or after that date.

4.2 	Sec. 5. [84.7741] OFF-HIGHWAY VEHICLE FORFEITURE.
4.3 		Subdivision 1.Definitions. (a) As used in this section,
4.4 	the following terms have the meanings given them.
4.5 	(b) "Appropriate agency" means a law enforcement agency
4.6 	that has the authority to make an arrest for a violation of a
4.7 	designated offense.
4.8 	(c) "Claimant" means an owner of an off-highway vehicle or
4.9 	a person claiming a leasehold or security interest in an
4.10 	off-highway vehicle.
4.11 	(d) "Designated offense" means a gross misdemeanor
4.12 	violation under section 84.774, paragraph (b).
4.13 	(e) "Family or household member" means:
4.14 	(1) a parent, stepparent, or guardian;
4.15 	(2) any of the following persons related by blood,
4.16 	marriage, or adoption:  brother, sister, stepbrother,
4.17 	stepsister, first cousin, aunt, uncle, nephew, niece,
4.18 	grandparent, great-grandparent, great-uncle, or great-aunt; or 
4.19 	(3) persons residing together or persons who regularly
4.20 	associate and communicate with one another outside of a
4.21 	workplace setting.
4.22 	(f) "Off-highway vehicle" and "vehicle" do not include an
4.23 	off-highway vehicle that is stolen or taken in violation of the
4.24 	law.
4.25 	(g) "Owner" means a person legally entitled to possession,
4.26 	use, and control of an off-highway vehicle, including a lessee
4.27 	of an off-highway vehicle if the lease agreement has a term of
4.28 	180 days or more.  There is a rebuttable presumption that a
4.29 	person registered as the owner of an off-highway vehicle
4.30 	according to the records of the Department of Public Safety or
4.31 	the Department of Natural Resources is the legal owner.  For
4.32 	purposes of this section, if an off-highway vehicle is owned
4.33 	jointly by two or more people, each owner's interest extends to
4.34 	the whole of the vehicle and is not subject to apportionment.
4.35 	(h) "Prosecuting authority" means the attorney in the
4.36 	jurisdiction in which the designated offense occurred, or a
5.1 	designee, who is responsible for prosecuting violations of a
5.2 	designated offense.  If a state agency initiated the forfeiture,
5.3 	and the attorney responsible for prosecuting the designated
5.4 	offense declines to pursue forfeiture, the attorney general's
5.5 	office, or its designee, may initiate forfeiture under this
5.6 	section.
5.7 	(i) "Security interest" means a bona fide security interest
5.8 	perfected according to section 168A.17, subdivision 2, based on
5.9 	a loan or other financing that, if an off-highway vehicle is
5.10 	required to be registered under chapter 168, is listed on the
5.11 	vehicle's title.
5.12 		Subd. 2.Seizure. (a) An off-highway vehicle subject to
5.13 	forfeiture under this section may be seized by the appropriate
5.14 	agency upon process issued by any court having jurisdiction over
5.15 	the vehicle.
5.16 	(b) Property may be seized without process if:
5.17 	(1) the seizure is incident to a lawful arrest or a lawful
5.18 	search;
5.19 	(2) the vehicle subject to seizure has been the subject of
5.20 	a prior judgment in favor of the state in a criminal injunction
5.21 	or forfeiture proceeding under this section; or 
5.22 	(3) the appropriate agency has probable cause to believe
5.23 	that the delay occasioned by the necessity to obtain process
5.24 	would result in the removal or destruction of the vehicle.  If
5.25 	property is seized without process under this clause, the
5.26 	prosecuting authority must institute a forfeiture action under
5.27 	this section as soon as is reasonably possible by serving a
5.28 	notice of seizure and intent to forfeit at the address of the
5.29 	owner as listed in the records of the Department of Public
5.30 	Safety or Department of Natural Resources.
5.31 		Subd. 3.Right to possession vests immediately; custody.
 5.32 	All right, title, and interest in an off-highway vehicle subject
5.33 	to forfeiture under this section vests in the appropriate agency
5.34 	upon commission of the conduct resulting in the designated
5.35 	offense giving rise to the forfeiture.  Any vehicle seized under
5.36 	this section is not subject to replevin, but is deemed to be in
6.1 	the custody of the appropriate agency subject to the orders and
6.2 	decrees of the court having jurisdiction over the forfeiture
6.3 	proceedings.  When an off-highway vehicle is seized under this
6.4 	section, the appropriate agency may:
6.5 	(1) place the vehicle under seal;
6.6 	(2) remove the vehicle to a place designated by the agency;
6.7 	(3) place a disabling device on the vehicle; and 
6.8 	(4) take other steps reasonable and necessary to secure the
6.9 	vehicle and prevent waste.
6.10 		Subd. 4.Bond by owner for possession. If the owner of
6.11 	an off-highway vehicle that has been seized under this section
6.12 	seeks possession of the vehicle before the forfeiture action is
6.13 	determined, the owner may, subject to the approval of the
6.14 	appropriate agency, give security or post bond payable to the
6.15 	appropriate agency in an amount equal to the retail value of the
6.16 	seized vehicle.  On posting the security or bond, the seized
6.17 	vehicle may be returned to the owner.  The forfeiture action
6.18 	must proceed against the security as if it were the seized
6.19 	vehicle.
6.20 		Subd. 5.Evidence. Certified copies of court records and
6.21 	off-highway vehicle and driver's records concerning prior
6.22 	incidents are admissible as substantive evidence where necessary
6.23 	to prove the commission of a designated offense.
6.24 		Subd. 6.Vehicle subject to forfeiture. An off-highway
6.25 	vehicle is subject to forfeiture under this section if it was
6.26 	used in the commission of a designated offense.
6.27 		Subd. 7.Presumptions; limitations on vehicle
6.28 	forfeiture. (a) An off-highway vehicle is presumed subject to
6.29 	forfeiture under this section if:
6.30 	(1) the driver is convicted of the designated offense upon
6.31 	which the forfeiture is based; or 
6.32 	(2) the driver fails to appear for a scheduled court
6.33 	appearance with respect to the designated offense charged and
6.34 	fails to voluntarily surrender within 48 hours after the time
6.35 	required for appearance.
6.36 	(b) An off-highway vehicle encumbered by a security
7.1 	interest perfected according to section 168A.17, subdivision 2,
7.2 	or subject to a lease that has a term of 180 days or more, is
7.3 	subject to the interest of the secured party or lessor unless
7.4 	the party or lessor had knowledge of or consented to the act
7.5 	upon which the forfeiture is based.  However, when the proceeds
7.6 	of the sale of a seized vehicle do not equal or exceed the
7.7 	outstanding loan balance, the appropriate agency shall remit all
7.8 	proceeds of the sale to the secured party after deducting the
7.9 	agency's costs for the seizure, tow, storage, forfeiture, and
7.10 	sale of the vehicle.  If the sale of the vehicle is conducted in
7.11 	a commercially reasonable manner consistent with section
7.12 	336.9-610, the agency is not liable to the secured party for any
7.13 	amount owed on the loan in excess of the sale proceeds.  The
7.14 	validity and amount of a nonperfected security interest must be
7.15 	established by its holder by clear and convincing evidence.
7.16 	(c) Notwithstanding paragraph (b), the secured party's or
7.17 	lessor's interest in an off-highway vehicle is not subject to
7.18 	forfeiture based solely on the secured party's or lessor's
7.19 	knowledge of the act or omission upon which the forfeiture is
7.20 	based if the secured party or lessor demonstrates by clear and
7.21 	convincing evidence that the party or lessor took reasonable
7.22 	steps to terminate use of the vehicle by the offender.
7.23 	(d) An off-highway vehicle is not subject to forfeiture
7.24 	under this section if its owner can demonstrate by clear and
7.25 	convincing evidence that the owner did not have actual or
7.26 	constructive knowledge that the vehicle would be used or
7.27 	operated in any manner contrary to law or that the owner took
7.28 	reasonable steps to prevent use of the vehicle by the offender.
7.29 	If the offender is a family or household member of the owner and
7.30 	has three or more prior off-highway vehicle convictions, the
7.31 	owner is presumed to know of any vehicle use by the offender
7.32 	that is contrary to law.
7.33 		Subd. 8.Administrative forfeiture procedure. (a) An
7.34 	off-highway vehicle used to commit a designated offense is
7.35 	subject to administrative forfeiture under this subdivision.
7.36 	(b) When an off-highway vehicle is seized under subdivision
8.1 	2, or within a reasonable time after seizure, the appropriate
8.2 	agency shall serve the driver or operator of the vehicle with a
8.3 	notice of the seizure and intent to forfeit the vehicle.
8.4 	Additionally, when an off-highway vehicle is seized under
8.5 	subdivision 2, or within a reasonable time after that, all
8.6 	persons known to have an ownership, possessory, or security
8.7 	interest in the vehicle must be notified of the seizure and the
8.8 	intent to forfeit the vehicle.  For those vehicles required to
8.9 	be registered under chapter 168, the notification to a person
8.10 	known to have a security interest in the vehicle is required
8.11 	only if the vehicle is registered under chapter 168 and the
8.12 	interest is listed on the vehicle's title.  Notice mailed by
8.13 	certified mail to the address shown in Department of Public
8.14 	Safety records is sufficient notice to the registered owner of
8.15 	the vehicle.  For off-highway vehicles not required to be
8.16 	registered under chapter 168, notice mailed by certified mail to
8.17 	the address shown in the applicable filing or registration for
8.18 	the vehicle is sufficient notice to a person known to have an
8.19 	ownership, possessory, or security interest in the vehicle.
8.20 	Otherwise, notice may be given in the manner provided by law for
8.21 	service of a summons in a civil action.
8.22 	(c) The notice must be in writing and contain:
8.23 	(1) a description of the vehicle seized;
8.24 	(2) the date of the seizure; and 
8.25 	(3) notice of the right to obtain judicial review of the
8.26 	forfeiture and of the procedure for obtaining that judicial
8.27 	review, printed in English, Hmong, and Spanish.  Substantially,
8.28 	the following language must appear conspicuously:  "IF YOU DO
8.29 	NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
8.30 	STATUTES, SECTION 84.7741, SUBDIVISION 8, YOU LOSE THE RIGHT TO
8.31 	A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
8.32 	RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY.  YOU MAY NOT
8.33 	HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
8.34 	UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR
8.35 	LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT
8.36 	HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
9.1 	WORTH LESS THAN $500." 
9.2 	(d) Within 30 days following service of a notice of seizure
9.3 	and forfeiture under this subdivision, a claimant may file a
9.4 	demand for a judicial determination of the forfeiture.  The
9.5 	demand must be in the form of a civil complaint and must be
9.6 	filed with the court administrator in the county in which the
9.7 	seizure occurred, together with proof of service of a copy of
9.8 	the complaint on the prosecuting authority having jurisdiction
9.9 	over the forfeiture and the standard filing fee for civil
9.10 	actions unless the petitioner has the right to sue in forma
9.11 	pauperis under section 563.01.  If the value of the seized
9.12 	property is $7,500 or less, the claimant may file an action in
9.13 	conciliation court for recovery of the seized vehicle.  A copy
9.14 	of the conciliation court statement of claim must be served
9.15 	personally or by mail on the prosecuting authority having
9.16 	jurisdiction over the forfeiture within 30 days following
9.17 	service of the notice of seizure and forfeiture under this
9.18 	subdivision.  If the value of the seized property is less than
9.19 	$500, the claimant does not have to pay the conciliation court
9.20 	filing fee.  No responsive pleading is required of the
9.21 	prosecuting authority and no court fees may be charged for the
9.22 	prosecuting authority's appearance in the matter.  Pleadings,
9.23 	filings, and methods of service are governed by the Rules of
9.24 	Civil Procedure.
9.25 	(e) The complaint must be captioned in the name of the
9.26 	claimant as plaintiff and the seized vehicle as defendant and
9.27 	must state with specificity the grounds on which the claimant
9.28 	alleges the vehicle was improperly seized, the claimant's
9.29 	interest in the vehicle seized, and any affirmative defenses the
9.30 	claimant may have.  Notwithstanding any law to the contrary, an
9.31 	action for the return of an off-highway vehicle seized under
9.32 	this section may not be maintained by or on behalf of any person
9.33 	who has been served with a notice of seizure and forfeiture
9.34 	unless the person has complied with this subdivision.
9.35 	(f) If the claimant makes a timely demand for a judicial
9.36 	determination under this subdivision, the forfeiture proceedings
10.1 	must be conducted according to subdivision 9.
10.2 		Subd. 9.Judicial forfeiture procedure. (a) This
10.3 	subdivision governs judicial determinations of the forfeiture of
10.4 	an off-highway vehicle used to commit a designated offense.  An
10.5 	action for forfeiture is a civil in rem action and is
10.6 	independent of any criminal prosecution.  All proceedings are
10.7 	governed by the Rules of Civil Procedure.
10.8 	(b) If no demand for judicial determination of the
10.9 	forfeiture is pending, the prosecuting authority may, in the
10.10 	name of the jurisdiction pursuing the forfeiture, file a
10.11 	separate complaint against the vehicle, describing it,
10.12 	specifying that it was used in the commission of a designated
10.13 	offense, and specifying the time and place of its unlawful use.
10.14 	(c) The prosecuting authority may file an answer to a
10.15 	properly served demand for judicial determination, including an
10.16 	affirmative counterclaim for forfeiture.  The prosecuting
10.17 	authority is not required to file an answer.
10.18 	(d) A judicial determination under this subdivision must
10.19 	not precede adjudication in the criminal prosecution of the
10.20 	designated offense without the consent of the prosecuting
10.21 	authority.  The district court administrator shall schedule the
10.22 	hearing as soon as practicable after adjudication in the
10.23 	criminal prosecution.  The district court administrator shall
10.24 	establish procedures to ensure efficient compliance with this
10.25 	subdivision.  The hearing is to the court without a jury.
10.26 	(e) There is a presumption that an off-highway vehicle
10.27 	seized under this section is subject to forfeiture if the
10.28 	prosecuting authority establishes that the vehicle was used in
10.29 	the commission of a designated offense.  A claimant bears the
10.30 	burden of proving any affirmative defense raised.
10.31 	(f) If the forfeiture is based on the commission of a
10.32 	designated offense and the person charged with the designated
10.33 	offense appears in court as required and is not convicted of the
10.34 	offense, the court shall order the property returned to the
10.35 	person legally entitled to it upon that person's compliance with
10.36 	the redemption requirements of subdivision 12.
11.1 	(g) If the lawful ownership of the vehicle used in the
11.2 	commission of a designated offense can be determined and the
11.3 	owner makes the demonstration required under subdivision 7,
11.4 	paragraph (d), the vehicle must be returned immediately upon the
11.5 	owner's compliance with the redemption requirements of
11.6 	subdivision 12.
11.7 	(h) If the court orders the return of a seized vehicle
11.8 	under this subdivision, it must order that filing fees be
11.9 	reimbursed to the person who filed the demand for judicial
11.10 	determination.  In addition, the court may order sanctions under
11.11 	section 549.211.  Any reimbursement fees or sanctions must be
11.12 	paid from other forfeiture proceeds of the law enforcement
11.13 	agency and prosecuting authority involved and in the same
11.14 	proportion as distributed under subdivision 10, paragraph (b).
11.15 		Subd. 10.Disposition of forfeited vehicle. (a) If the
11.16 	vehicle is administratively forfeited under subdivision 8, or if
11.17 	the court finds under subdivision 9 that the vehicle is subject
11.18 	to forfeiture under subdivisions 6 and 7, the appropriate agency
11.19 	shall:
11.20 	(1) sell the vehicle and distribute the proceeds under
11.21 	paragraph (b); or 
11.22 	(2) keep the vehicle for official use.  If the agency keeps
11.23 	a forfeited off-highway vehicle for official use, the agency
11.24 	shall make reasonable efforts to ensure that the off-highway
11.25 	vehicle is available for use by the agency's officers who
11.26 	participate in off-highway vehicle enforcement or education
11.27 	programs.
11.28 	(b) The proceeds from the sale of forfeited vehicles, after
11.29 	payment of seizure, towing, storage, forfeiture, and sale
11.30 	expenses and satisfaction of valid liens against the property,
11.31 	must be distributed as follows:
11.32 	(1) 70 percent of the proceeds must be forwarded to the
11.33 	appropriate agency for deposit as a supplement to the state or
11.34 	local agency's operating fund or similar fund for use in
11.35 	purchasing equipment for off-highway vehicle enforcement,
11.36 	training, and education; and 
12.1 	(2) 30 percent of the money or proceeds must be forwarded
12.2 	to the prosecuting authority that handled the forfeiture for
12.3 	deposit as a supplement to its operating fund or similar fund
12.4 	for prosecutorial purposes.
12.5 		Subd. 11.Sale of forfeited vehicle by secured
12.6 	party. (a) A financial institution with a valid security
12.7 	interest in or a valid lease covering a forfeited off-highway
12.8 	vehicle may choose to dispose of the vehicle under this
12.9 	subdivision, in lieu of the appropriate agency disposing of the
12.10 	vehicle under subdivision 10.  A financial institution wishing
12.11 	to dispose of an off-highway vehicle under this subdivision
12.12 	shall notify the appropriate agency of its intent, in writing,
12.13 	within 30 days after receiving notice of the seizure and
12.14 	forfeiture.  The appropriate agency shall release the vehicle to
12.15 	the financial institution or its agent after the financial
12.16 	institution presents proof of its valid security agreement or of
12.17 	its lease agreement and the financial institution agrees not to
12.18 	sell the vehicle to a family or household member of the
12.19 	violator, unless the violator is not convicted of the offense on
12.20 	which the forfeiture is based.  The financial institution shall
12.21 	dispose of the vehicle in a commercially reasonable manner as
12.22 	defined in section 336.9-610.
12.23 	(b) After disposing of the forfeited vehicle, the financial
12.24 	institution shall reimburse the appropriate agency for its
12.25 	seizure, storage, and forfeiture costs.  The financial
12.26 	institution may then apply the proceeds of the sale to its
12.27 	storage costs, to its sale expenses, and to satisfy the lien or
12.28 	the lease on the vehicle.  If any proceeds remain, the financial
12.29 	institution shall forward the proceeds to the state treasury,
12.30 	which shall credit the appropriate fund as specified in
12.31 	subdivision 10.
12.32 		Subd. 12.Redemption requirements. (a) If an off-highway
12.33 	vehicle is seized by a peace officer for a designated offense,
12.34 	the seized vehicle must be released only:
12.35 	(1) to the registered owner, a person authorized by the
12.36 	registered owner, a lienholder of record, or a person who has
13.1 	purchased the vehicle from the registered owner, who provides
13.2 	proof of ownership of the vehicle, proof of valid Minnesota
13.3 	driving privileges, and proof of insurance required by law to
13.4 	cover the vehicle;
13.5 	(2) if the vehicle is subject to a rental or lease
13.6 	agreement, to a renter or lessee with valid Minnesota driving
13.7 	privileges who provides a copy of the rental or lease agreement
13.8 	and proof of insurance required by law to cover the vehicle; or 
13.9 	(3) to an agent of a towing company authorized by a
13.10 	registered owner if the owner provides proof of ownership of the
13.11 	vehicle and proof of insurance required by law to cover the
13.12 	vehicle.
13.13 	(b) The proof of ownership and insurance or, if applicable,
13.14 	the copy of the rental or lease agreement required under
13.15 	paragraph (a) must be provided to the law enforcement agency
13.16 	seizing the vehicle or to a person or entity designated by the
13.17 	law enforcement agency to receive the information.
13.18 	(c) No law enforcement agency, local unit of government, or
13.19 	state agency is responsible or financially liable for any
13.20 	storage fees incurred due to a seizure under this section.
13.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.22 	and applies to crimes committed on or after that date.

13.23 	Sec. 6. [84.7742] RECORD OF VIOLATIONS.
13.24 		Subdivision 1.Court administrator duties. (a) Every
13.25 	court administrator shall keep a full record of every case in
13.26 	which a person is charged with an off-highway vehicle gross
13.27 	misdemeanor under section 84.774, paragraph (b).
13.28 	(b) Within ten days after the conviction or forfeiture of
13.29 	bail of a person upon a charge of a gross misdemeanor
13.30 	off-highway violation, the court administrator of the court in
13.31 	which the conviction was had or bail was forfeited shall
13.32 	immediately forward to the Department of Public Safety an
13.33 	abstract of the record of the court covering the case in which
13.34 	the person was convicted or forfeited bail.  The abstract must
13.35 	be certified by the person required to prepare it to be true and
13.36 	correct.
14.1 	(c) The abstract must be made upon a form furnished by the
14.2 	Department of Public Safety and shall include the name and
14.3 	address of the party charged, the driver's license number of the
14.4 	person involved, the nature of the offense, the date of hearing,
14.5 	the plea, the judgment or whether bail was forfeited, and the
14.6 	amount of the fine or forfeiture, as the case may be.
14.7 	(d) Every court shall also forward a report to the
14.8 	Department of Public Safety reporting the conviction of any
14.9 	person of manslaughter or other felony in the commission of
14.10 	which an off-highway vehicle was used.
14.11 		Subd. 2.Inclusion on driving record. The commissioner
14.12 	of public safety shall file all records received under this
14.13 	section for licensed drivers on the driving record of the
14.14 	licensed driver according to section 171.12.

14.15 	Sec. 7. Minnesota Statutes 2004, section 84.775,
14.16 	subdivision 1, is amended to read:
14.17 		Subdivision 1.Civil citation; authority to issue.  (a) A
14.18 	conservation officer or other licensed peace officer may issue a
14.19 	civil citation to a person who operates:
14.20 	(1) an off-highway motorcycle in violation of sections
14.21 	84.773; 84.777; 84.788 to 84.795; or 84.90;
14.22 	(2) an off-road vehicle in violation of sections 84.773;
14.23 	84.777; 84.798 to 84.804; or 84.90; or
14.24 	(3) an all-terrain vehicle in violation of sections 84.773;
14.25 	84.777; 84.90; or 84.922 to 84.928.
14.26 	(b) A civil citation shall require restitution for public
14.27 	and private property damage and impose a penalty of:
14.28 	(1) $100 $250 for the first offense;
14.29 	(2) $200 $500 for the second offense; and
14.30 	(3) $500 $1,000 for third and subsequent offenses.
14.31 	(c) If the peace officer determines that there is damage to
14.32 	property requiring restitution, the commissioner must send a
14.33 	written explanation of the extent of the damage and the cost of
14.34 	the repair by first class mail to the address provided by the
14.35 	person receiving the citation within 15 days of the date of the
14.36 	citation.

15.1 	Sec. 8. Minnesota Statutes 2004, section 84.780, is
15.2 	amended to read:
15.3 	84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
15.4 	(a) The off-highway vehicle damage account is created in
15.5 	the natural resources fund.  Money in the off-highway vehicle
15.6 	damage account is appropriated to the commissioner of natural
15.7 	resources for:
15.8 	(1) the repair or restoration of property damaged by the
15.9 	operation of off-highway vehicles in an unpermitted area after
15.10 	August 1, 2003,;
15.11 	(2) the repair or restoration of driveways that have been
15.12 	damaged from the legal operation of off-highway vehicles within
15.13 	a public road right-of-way;and
15.14 	for (3) the costs of administration for this section.
15.15 	(b) Before the commissioner may make a payment from this
15.16 	account, the commissioner must determine whether the damage to
15.17 	the applicant's property was caused by the unpermitted use of
15.18 	off-highway vehicles, that the applicant has made reasonable
15.19 	efforts to identify the responsible individual and obtain
15.20 	payment from the individual, and that the applicant has made
15.21 	reasonable efforts to prevent reoccurrence.  By June 30, 2005,
15.22 	the commissioner of finance must transfer the remaining balance
15.23 	in the account to the off-highway motorcycle account under
15.24 	section 84.794, the off-road vehicle account under section
15.25 	84.803, and the all-terrain vehicle account under section
15.26 	84.927.  The amount transferred to each account must be
15.27 	proportionate to the amounts received in the damage account from
15.28 	the relevant off-highway vehicle accounts or by the legal
15.29 	operation of off-highway vehicles within a public road
15.30 	right-of-way.
15.31 	(b) (c) Determinations of the commissioner under this
15.32 	section may be made by written order and are exempt from the
15.33 	rulemaking provisions of chapter 14.  Section 14.386 does not
15.34 	apply.
15.35 	(c) This section expires July 1, 2005.

15.36 	Sec. 9. Minnesota Statutes 2004, section 84.797,
16.1 	subdivision 6, is amended to read:
16.2 		Subd. 6.Off-road.  "Off-road" means on trails or 
16.3 	nonpublic roads or for cross-country travel on natural terrain.
16.4 	For purposes of sections 84.797 to 84.805 84.804, nonpublic
16.5 	roads include state forest roads, county forest roads, and other
16.6 	roads and trails that are not operated by a public road
16.7 	authority as defined in section 160.02, subdivision 25.

16.8 	Sec. 10. Minnesota Statutes 2004, section 84.797,
16.9 	subdivision 12, is amended to read:
16.10 		Subd. 12.Off-road vehicle staging area.  "Off-road
16.11 	vehicle staging area" means a parking lot, trail head,
16.12 	campground, or other location to or from which an off-road
16.13 	vehicle is transported by truck, trailer, or other motor vehicle
16.14 	so that it may be placed into operation or removed from
16.15 	operation on public lands.  Off-road vehicle staging area does
16.16 	not include a location to which an off-road vehicle is
16.17 	transported primarily for servicing, maintenance, repair,
16.18 	storage, or sale.

16.19 	Sec. 11. Minnesota Statutes 2004, section 84.798,
16.20 	subdivision 1, is amended to read:
16.21 		Subdivision 1.General requirements.  Unless exempted
16.22 	under subdivision 2, after January 1, 1995, a person may not
16.23 	operate and an owner may not give permission for another to
16.24 	operate a vehicle off-road, nor may a person have an off-road
16.25 	vehicle not registered under chapter 168 in possession at an
16.26 	off-road vehicle staging area, or in designated trail or area 
16.27 	areas on lands administered by the commissioner or on off-road
16.28 	vehicle grant-in-aid areas funded under section 84.803, unless
16.29 	the vehicle has been registered under this section.

16.30 	Sec. 12. Minnesota Statutes 2004, section 84.802, is
16.31 	amended to read:
16.32 	84.802 YOUTHFUL OPERATORS; PROHIBITIONS.
16.33 	(a) A person under 16 years of age may not operate an
16.34 	off-road vehicle.
16.35 	(b) Except for operation on public road rights-of-way that
16.36 	is permitted under section 84.804,A driver's license issued by
17.1 	the state or another state is required to operate an off-road
17.2 	vehicle along or on a public road right-of-way.
17.3 	(c) An owner of an off-road vehicle may not knowingly allow
17.4 	it to be operated in violation of this section.

17.5 	Sec. 13. Minnesota Statutes 2004, section 84.803, is
17.6 	amended to read:
17.7 	84.803 OFF-ROAD VEHICLE ACCOUNT; RECEIPTS AND
17.8 	ALLOCATIONS.
17.9 		Subdivision 1.Registration revenue. Fees from the
17.10 	registration of off-road vehicles and unrefunded gasoline tax
17.11 	attributable to off-road vehicle use under section 296A.18must
17.12 	be deposited in the state treasury and credited to the off-road
17.13 	vehicle account in the natural resources fund.
17.14 		Subd. 2.Purposes. Subject to appropriation by the
17.15 	legislature, money in the off-road vehicle account may only be
17.16 	spent for:
17.17 	(1) administration, enforcement, and implementation of
17.18 	sections 84.773 to 84.805 84.804;
17.19 	(2) acquisition, maintenance, and development of off-road
17.20 	vehicle trails and use areas;
17.21 	(3) grant-in-aid programs to counties and municipalities to
17.22 	construct and maintain off-road vehicle trails and use areas;
17.23 	(4) grants-in-aid to local safety programs; and
17.24 	(5) enforcement and public education grants to local law
17.25 	enforcement agencies.

17.26 	Sec. 14. Minnesota Statutes 2004, section 84.804,
17.27 	subdivision 1, is amended to read:
17.28 		Subdivision 1.Operation on public road rights-of-way.
 17.29 	(a) A person may not operate a an off-road vehicle off-road
17.30 	within a public road right-of-way in this state except on a
17.31 	trail designated by the commissioner and approved by the unit of
17.32 	government having jurisdiction over the right-of-way.
17.33 	(b) A person may not operate a vehicle off-road within a
17.34 	public road right-of-way between the hours of one-half hour
17.35 	after sunset to one-half hour before sunrise, except on the
17.36 	right-hand side of the right-of-way and in the same direction as
18.1 	traffic on the nearest lane of the road.
18.2 	(c) A person may not operate an off-road vehicle within the
18.3 	right-of-way of an interstate highway.

18.4 	Sec. 15. Minnesota Statutes 2004, section 84.804,
18.5 	subdivision 2, is amended to read:
18.6 		Subd. 2.Crossing public road rights-of-way.  (a) An
18.7 	off-road vehicle not registered under chapter 168 may make a
18.8 	direct crossing of a public road right-of-way for the purpose of
18.9 	continuing on a designated off-road trail if:
18.10 	(1) the crossing is made at an angle of approximately 90
18.11 	degrees to the direction of the road and at a place where no
18.12 	obstruction prevents a quick and safe crossing;
18.13 	(2) the vehicle is brought to a complete stop before
18.14 	crossing the shoulder or main traveled way of the road;
18.15 	(3) the driver yields the right-of-way to all traffic;
18.16 	(4) in crossing a divided road, the crossing is made only
18.17 	at an intersection of the road with another public road; and 
18.18 	(5) if the crossing is made between the hours of one-half
18.19 	hour after sunset to one-half hour before sunrise or in
18.20 	conditions of reduced visibility, only if both front and rear
18.21 	lights are on.
18.22 	(b) An off-road vehicle not registered under chapter 168
18.23 	may be operated on a bridge, other than a bridge that is part of
18.24 	the main traveled lanes of an interstate highway, or a roadway
18.25 	shoulder or inside bank of a public road right-of-way when
18.26 	required to avoid obstructions to travel and no other method of
18.27 	avoidance is possible, provided that the vehicle is operated in
18.28 	the farthest right-hand lane, the entrance to the roadway is
18.29 	made within 100 feet of the bridge or obstacle, and the crossing
18.30 	is made without undue delay.
18.31 	(c) (b) A person may not operate an off-road vehicle on a
18.32 	public street or highway unless the off-road vehicle is equipped
18.33 	with at least one headlight and one taillight, each of minimum
18.34 	candlepower as prescribed by rules of the commissioner, and with
18.35 	brakes conforming to standards prescribed by rule of the
18.36 	commissioner, and all of which are subject to the approval of
19.1 	the commissioner of public safety.
19.2 	(d) (c) Chapter 169 applies to the operation of off-road
19.3 	vehicles on streets and highways, except that those provisions
19.4 	that by their nature have no application and those provisions
19.5 	relating to required equipment do not apply to vehicles not
19.6 	registered under chapter 168.  Chapter 169A applies to the
19.7 	operation of off-road vehicles anywhere in the state and on the
19.8 	ice of boundary waters.
19.9 	(e) A road authority, as defined in section 160.02,
19.10 	subdivision 25, may, with the approval of the commissioner,
19.11 	designate access trails on public road rights-of-way for gaining
19.12 	access to established off-road vehicle trails.

19.13 	Sec. 16. Minnesota Statutes 2004, section 84.804,
19.14 	subdivision 3, is amended to read:
19.15 		Subd. 3.Operation generally.  A person may not drive or
19.16 	operate a an off-road vehicle off-road:
19.17 	(1) at a rate of speed greater than is reasonable under the
19.18 	surrounding circumstances;
19.19 	(2) in a careless, reckless, or negligent manner which may
19.20 	endanger or cause injury or damage to the person or property of
19.21 	another;
19.22 	(3) without a functioning stoplight if so equipped;
19.23 	(4) in a tree nursery or planting in a manner that damages
19.24 	or destroys growing stock;
19.25 	(5) without a brake operational by either hand or foot; or 
19.26 	(6) on forest lands under the authority of the
19.27 	commissioner, as defined in section 89.001, subdivision 13,
19.28 	other than inventoried forest roads; or 
19.29 	(7) in a manner that violates rules adopted by the
19.30 	commissioner.

19.31 	Sec. 17. Minnesota Statutes 2004, section 84.922,
19.32 	subdivision 2, is amended to read:
19.33 		Subd. 2.Application, issuance, reports.  (a) Application
19.34 	for registration or continued registration shall be made to the
19.35 	commissioner of natural resources, the commissioner of public
19.36 	safety or an authorized deputy registrar of motor vehicles in a
20.1 	form prescribed by the commissioner.  The form must state the
20.2 	name and address of every owner of the vehicle.
20.3 	(b) A person who purchases an all-terrain vehicle from a
20.4 	retail dealer shall make application for registration to the
20.5 	dealer at the point of sale.  The dealer shall issue a temporary
20.6 	ten-day registration permit to each purchaser who applies to the
20.7 	dealer for registration.  The dealer shall submit the completed
20.8 	registration application and fees to the deputy registrar at
20.9 	least once each week.  No fee may be charged by a dealer to a
20.10 	purchaser for providing the temporary permit.
20.11 	(c) Upon receipt of the application and the appropriate
20.12 	fee, the commissioner or deputy registrar shall issue to the
20.13 	applicant, or provide to the dealer, a 60-day temporary receipt
20.14 	and shall assign a registration number that must be affixed to
20.15 	the vehicle in a manner prescribed by the commissioner.  A
20.16 	dealer subject to paragraph (b) shall provide the registration
20.17 	materials and temporary receipt to the purchaser within the
20.18 	ten-day temporary permit period.  The commissioner shall use the
20.19 	snowmobile registration system to register vehicles under this
20.20 	section.
20.21 	(d) Each deputy registrar of motor vehicles acting under
20.22 	section 168.33, is also a deputy registrar of all-terrain
20.23 	vehicles.  The commissioner of natural resources in agreement
20.24 	with the commissioner of public safety may prescribe the
20.25 	accounting and procedural requirements necessary to assure
20.26 	efficient handling of registrations and registration fees.
20.27 	Deputy registrars shall strictly comply with the accounting and
20.28 	procedural requirements.
20.29 	(e) In addition to other fees prescribed by law, a filing
20.30 	fee of $4.50 is charged for each all-terrain vehicle
20.31 	registration renewal, duplicate or replacement registration
20.32 	card, and replacement decal and a filing fee of $7 is charged
20.33 	for each all-terrain vehicle registration and registration
20.34 	transfer issued by:
20.35 	(1) a deputy registrar and shall be deposited in the
20.36 	treasury of the jurisdiction where the deputy is appointed, or
21.1 	retained if the deputy is not a public official; or
21.2 	(2) the commissioner and shall be deposited to the state
21.3 	treasury and credited to the all-terrain vehicle account in the
21.4 	natural resources fund.
21.5 	(f) The registration numbers and decal must be displayed on
21.6 	plates that are not less than six inches high and 12 inches
21.7 	wide, clearly visible on the front and back of the vehicle, and
21.8 	at least 12 inches from the ground.  The plates, registration
21.9 	numbers, and registration decal must be maintained in a clear
21.10 	and legible condition.  Letters and numbers on the plates shall
21.11 	be at least three inches high and not less than one-half inch
21.12 	wide.

21.13 	Sec. 18. Minnesota Statutes 2004, section 84.928,
21.14 	subdivision 2, is amended to read:
21.15 		Subd. 2.Operation generally.  A person may not drive or
21.16 	operate an all-terrain vehicle:
21.17 	(1) at a rate of speed greater than reasonable or proper
21.18 	under the surrounding circumstances;
21.19 	(2) in a careless, reckless, or negligent manner so as to
21.20 	endanger or to cause injury or damage to the person or property
21.21 	of another;
21.22 	(3) without headlight and taillight lighted at all times if
21.23 	the vehicle is equipped with headlight and taillight;
21.24 	(4) without a functioning stoplight if so equipped;
21.25 	(5) in a tree nursery or planting in a manner that damages
21.26 	or destroys growing stock;
21.27 	(6) without a brake operational by either hand or foot;
21.28 	(7) with more persons on the vehicle than it was designed
21.29 	for, except as allowed under section 84.9257;
21.30 	(8) on public lands or public waters with an air-intake
21.31 	pipe that is more than six inches above the manufacturer's
21.32 	original air-intake pipe;
21.33 	(9) after December 31, 2006, on public lands with tires
21.34 	that have a tread depth of greater than one inch;
21.35 	(10) at a speed exceeding ten miles per hour on the frozen
21.36 	surface of public waters within 100 feet of a person not on an
22.1 	all-terrain vehicle or within 100 feet of a fishing shelter; or
22.2 	(9) (11) in a manner that violates operation rules adopted
22.3 	by the commissioner.

22.4 	Sec. 19. Minnesota Statutes 2004, section 97A.315,
22.5 	subdivision 2, is amended to read:
22.6 		Subd. 2.License revocations.  (a) If a person is
22.7 	convicted of trespassing under subdivision 1 while exercising or
22.8 	attempting to exercise an activity licensed under the game and
22.9 	fish laws or , requiring off-highway motorcycle registration
22.10 	under section 84.788, requiring off-road vehicle registration
22.11 	under section 84.798,requiring snowmobile registration under
22.12 	section 84.82, or requiring all-terrain vehicle registration
22.13 	under section 84.922,the applicable license and registration
22.14 	are null and void.
22.15 	(b) A person convicted of a gross misdemeanor under
22.16 	subdivision 1, paragraph (b), may not be issued a license to
22.17 	take game for two years after the conviction.

22.18 	Sec. 20. REVISOR'S INSTRUCTION.
 22.19 	In each section of Minnesota Statutes referred to in column
22.20 	A, the revisor of statutes shall delete the reference in column
22.21 	B and insert the reference in column C.
22.22 	Column A Column B Column C
22.23 	84.77784.805 84.804
22.24 	84.77784.929 84.928
22.25 	84.787, subd. 1 84.796 84.795
22.26 	84.788, subd. 9 84.796 84.795
22.27 	84.791, subd. 4 84.796 84.795
22.28 	84.794, subd. 2 84.796 84.795
22.29 	84.795, subd. 8 84.796 84.795
22.30 	84.797, subd. 1 84.805 84.804
22.31 	84.798, subd. 8 84.805 84.804
22.32 	84.804, subd. 6 84.805 84.804
22.33 	84.92, subd. 1 84.929 84.928
22.34 	84.922, subd. 9 84.929 84.928
22.35 	84.925, subd. 3 84.929 84.928
22.36 	84.9256, subd. 4 84.929 84.928
23.1 	84.927, subd. 2 84.929 84.928
23.2 	84.928, subd. 1 84.929 84.928
23.3 	84.928, subd. 6 84.929 84.928 

23.4 	Sec. 21. REPEALER.
 23.5 	Minnesota Statutes 2004, sections 84.796; 84.805; 84.929;
23.6 	and 296A.18, subdivision 6, are repealed.