1.1 	A bill for an act
1.2 	relating to natural resources; modifying acquisition authority for state trails; 
1.3 	modifying registration or operation requirements for off-road recreational 
1.4 	vehicles; providing for off-trail snowmobile use in certain state forests; 
1.5 	modifying description of or requirements for certain state trails; providing for 
1.6 	membership on Game and Fish Budgetary Oversight Committee; providing a 
1.7 	penalty;amending Minnesota Statutes 2006, sections 84.029, subdivision 2; 
1.8 	84.788, subdivision 1; 84.82, subdivision 6; 84.8205, subdivision 1; 84.925, 
1.9 	subdivision 5; 84.9256, subdivision 2, by adding a subdivision; 84.9257; 84.926, 
1.10 	by adding subdivisions; 84.928, subdivision 1; 84.929; 85.015, subdivisions 14, 
1.11 	22; 169A.35, subdivision 1; repealing Minnesota Statutes 2006, sections 84.928, 
1.12 	subdivision 8; 85.015, subdivision 11.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2006, section 84.029, subdivision 2, is amended to read:
1.15 		Subd. 2.Acquisition of land for trails. The commissioner may acquire, by gift, 
1.16 	purchase, or lease, easements or other interests in land for trails, and recreational uses 
1.17 	related to trails, where necessary to complete trails established primarily in state forests, 
1.18 	state parks, or other public land under the jurisdiction of the commissioner, when railroad 
1.19 	rights-of-way are abandoned, when the use of township roads is compatible with vehicular 
1.20 	travel, andor when needed to complete trails established by the legislature.

1.21 	Sec. 2. Minnesota Statutes 2006, section 84.788, subdivision 1, is amended to read:
1.22 		Subdivision 1.General requirements. Unless exempted in subdivision 2, after 
1.23 	January 1, 1994, a person may not operate and an owner may not give permission for 
1.24 	another to operate an off-highway motorcycle on public lands or waters unless the vehicle 
1.25 	has been registered under this section.

2.1 	Sec. 3. Minnesota Statutes 2006, section 84.82, subdivision 6, is amended to read:
2.2 		Subd. 6.Exemptions. Registration is not required under this section for:
2.3 	(1) a snowmobile owned and used by the United States, another state, or a political 
2.4 	subdivision thereof;
2.5 	(2) a snowmobile registered in a country other than the United States temporarily 
2.6 	used within this state;
2.7 	(3) a snowmobile that is covered by a valid license of another state and has not been 
2.8 	within this state for more than 30 consecutive days;
2.9 	(4) a snowmobile used exclusively in organized track racing events;
2.10 	(5) a snowmobile in transit by a manufacturer, distributor, or dealer; or
2.11 	(6) a snowmobile at least 15 years old in transit by an individual for use only on 
2.12 	land owned or leased by the individual; or
2.13 	(7) a snowmobile while being used to groom a state or grant-in-aid trail.

2.14 	Sec. 4. Minnesota Statutes 2006, section 84.8205, subdivision 1, is amended to read:
2.15 		Subdivision 1.Sticker required; fee.  (a) Except as provided in paragraph (b), a 
2.16 	person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a 
2.17 	snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural 
2.18 	resources shall issue a sticker upon application and payment of a $15 fee. The fee for a 
2.19 	three-year snowmobile state trail sticker that is purchased at the time of snowmobile 
2.20 	registration is $30. In addition to other penalties prescribed by law, a person in violation 
2.21 	of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker 
2.22 	is valid from November 1 through April 30. Fees collected under this section, except for 
2.23 	the issuing fee for licensing agents, shall be deposited in the state treasury and credited 
2.24 	to the snowmobile trails and enforcement account in the natural resources fund and, 
2.25 	except for the electronic licensing system commission established by the commissioner 
2.26 	under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, 
2.27 	grooming, and easement acquisition.
2.28 	(b) A state trail sticker is not required under this section for:
2.29 	(1) a snowmobile owned by the state or a political subdivision of the state that is 
2.30 	registered under section 84.82, subdivision 5;
2.31 	(2) a snowmobile that is owned and used by the United States, another state, or 
2.32 	a political subdivision thereof that is exempt from registration under section 84.82, 
2.33 	subdivision 6;
2.34 	(3) a collector snowmobile that is operated as provided in a special permit issued for 
2.35 	the collector snowmobile under section 84.82, subdivision 7a; or
3.1 	(4) a person operating a snowmobile only on the portion of a trail that is owned by 
3.2 	the person or the person's spouse, child, or parent; or
3.3 	(5) a snowmobile while being used to groom a state or grant-in-aid trail.

3.4 	Sec. 5. Minnesota Statutes 2006, section 84.925, subdivision 5, is amended to read:
3.5 		Subd. 5.Training requirements. (a) An individual who was born after July 1, 
3.6 	1987, and who is 16 years of age or older, must successfully complete the independent 
3.7 	study course component of all-terrain vehicle safety training before operating an all-terrain 
3.8 	vehicle on public lands or waters, public road rights-of-way, or state or grant-in-aid trails.
3.9 	(b) An individual who is convicted of violating a law related to the operation of an 
3.10 	all-terrain vehicle must successfully complete the independent study course component of 
3.11 	all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
3.12 	(c) An individual who is convicted for a second or subsequent excess speed, trespass, 
3.13 	or wetland violation in an all-terrain vehicle season, or any conviction for careless or 
3.14 	reckless operation of an all-terrain vehicle, must successfully complete the independent 
3.15 	study and the testing and operating course components of all-terrain vehicle safety training 
3.16 	before continuing operation of an all-terrain vehicle.
3.17 	(d) An individual who receives three or more citations and convictions for violating a 
3.18 	law related to the operation of an all-terrain vehicle in a two-year period must successfully 
3.19 	complete the independent study and the testing and operating course components of 
3.20 	all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
3.21 	(e) An individual must present evidence of compliance with this subdivision before 
3.22 	an all-terrain vehicle registration is issued or renewed.

3.23 	Sec. 6. Minnesota Statutes 2006, section 84.9256, subdivision 2, is amended to read:
3.24 		Subd. 2.Helmet and seat belts required. (a) A person less than 18 years of age 
3.25 	shall not operate ride as a passenger or as an operator of an all-terrain vehicle on public 
3.26 	land, public waters, or on a public road right-of-way unless wearing a safety helmet 
3.27 	approved by the commissioner of public safety.
3.28 	(b) A person less than 18 years of age shall not ride as a passenger or as an operator of 
3.29 	a class 2 all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

3.30 	Sec. 7. Minnesota Statutes 2006, section 84.9256, is amended by adding a subdivision 
3.31 	to read:
3.32 		Subd. 2a.Parent or guardian authorization. A person under age 16 shall not 
3.33 	operate and a person shall not allow a person under age 16 to operate an all-terrain vehicle, 
4.1 	unless the parent or guardian of the person under age 16 authorizes the operation. For 
4.2 	purposes of this subdivision, "guardian" means the legal guardian of the person under age 
4.3 	16 or a person age 18 or older who has been authorized by the parent or legal guardian to 
4.4 	supervise the person under age 16.

4.5 	Sec. 8. Minnesota Statutes 2006, section 84.9257, is amended to read:
4.6 	84.9257 PASSENGERS.
4.7 	(a) A parent or guardian may operate a class 1 all-terrain vehicle carrying one 
4.8 	passenger who is under 16 years of age and who wears a safety helmet approved by the 
4.9 	commissioner of public safety.
4.10 	(b) For the purpose of this section, "guardian" means a legal guardian of a person 
4.11 	under age 16, or a person 18 or older who has been authorized by the parent or legal 
4.12 	guardian to supervise the person under age 16.
4.13 	(c) (a) A person 18 years of age or older may operate an a class 1 all-terrain vehicle 
4.14 	carrying one passenger who is 16 or 17 years of age and wears a safety helmet approved 
4.15 	by the commissioner of public safety.
4.16 	(d) (b) A person 18 years of age or older may operate an all-terrain vehicle carrying 
4.17 	one passenger who is 18 years of age or older.
4.18 	(e) An operator of a class 2 all-terrain vehicle may carry two passengers while 
4.19 	carrying a passenger, or up to the number of passengers for which the vehicle was 
4.20 	designed, whichever is greater.

4.21 	Sec. 9. Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision 
4.22 	to read:
4.23 		Subd. 6.Snowmobiles; closed forests; off trail. Forests classified as closed forests 
4.24 	are open to off-trail snowmobile use unless prohibited, as determined by the commissioner 
4.25 	by written order published in the State Register. The determination is not subject to the 
4.26 	rulemaking provisions of chapter 14 and section 14.386 does not apply.

4.27 	Sec. 10. Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision 
4.28 	to read:
4.29 		Subd. 7.Operation; class 2 vehicles. Except as provided in subdivision 4, 
4.30 	operation of class 2 all-terrain vehicles on lands administered by the commissioner is 
4.31 	limited to forest roads, minimum maintenance roads, and trails designated or signed for 
4.32 	class 2 all-terrain vehicles.

5.1 	Sec. 11. Minnesota Statutes 2006, section 84.928, subdivision 1, is amended to read:
5.2 		Subdivision 1.Operation on roads and rights-of-way; class 1 vehicles. (a) Unless 
5.3 	otherwise allowed in sections 84.92 to 84.929, a person shall not operate a class 1 an
5.4 	all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope 
5.5 	of a public road right-of-way of a trunk, county state-aid, or county highway other than.
5.6 	(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 
5.7 	bank or slope of a trunk, county state-aid, or county highway unless prohibited under 
5.8 	paragraph (b) (d) or (f).
5.9 	(c) A person may operate a class 2 all-terrain vehicle within the public road 
5.10 	right-of-way of a county state-aid or county highway on the extreme right-hand side of 
5.11 	the road and left turns may be made from any part of the road if it is safe to do so under 
5.12 	the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may 
5.13 	operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a 
5.14 	designated class 2 all-terrain vehicle trail.
5.15 	(b) (d) A road authority as defined under section 160.02, subdivision 25, may after a 
5.16 	public hearing restrict the use of class 1 all-terrain vehicles in the ditch or outside bank or 
5.17 	slope of a public road right-of-way under its jurisdiction.
5.18 	(c) (e) The restrictions in paragraphs (a), (b), (g), (d), (h), and (i), and (j) do not 
5.19 	apply to the operation of a class 1 an all-terrain vehicle on the shoulder, inside bank or 
5.20 	slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county 
5.21 	highway when the class 1 all-terrain vehicle is:
5.22 	(1) owned by or operated under contract with a publicly or privately owned utility 
5.23 	or pipeline company; and
5.24 	(2) used for work on utilities or pipelines.
5.25 	(d) (f) The commissioner may limit the use of a right-of-way for a period of time if 
5.26 	the commissioner determines that use of the right-of-way causes:
5.27 	(1) degradation of vegetation on adjacent public property;
5.28 	(2) siltation of waters of the state;
5.29 	(3) impairment or enhancement to the act of taking game; or
5.30 	(4) a threat to safety of the right-of-way users or to individuals on adjacent public 
5.31 	property.
5.32 	(e) The commissioner must notify the road authority as soon as it is known that a 
5.33 	closure will be ordered. The notice must state the reasons and duration of the closure.
5.34 	(f) (g) A person may operate a class 1an all-terrain vehicle registered for private 
5.35 	use and used for agricultural purposes or a class 2 all-terrain vehicle on a public road 
5.36 	right-of-way of a trunk, county state-aid, or county highway in this state if the class 1
6.1 	or class 2 all-terrain vehicle is operated on the extreme right-hand side of the road, and 
6.2 	left turns may be made from any part of the road if it is safe to do so under the prevailing 
6.3 	conditions.
6.4 	(g) (h) A person shall not operate a class 1an all-terrain vehicle within the public 
6.5 	road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 
6.6 	in the agricultural zone unless the vehicle is being used exclusively as transportation to and 
6.7 	from work on agricultural lands. This paragraph does not apply to an agent or employee 
6.8 	of a road authority, as defined in section 160.02, subdivision 25, or the Department of 
6.9 	Natural Resources when performing or exercising official duties or powers.
6.10 	(h) (i) A person shall not operate a class 1 an all-terrain vehicle within the public 
6.11 	road right-of-way of a trunk, county state-aid, or county highway between the hours of 
6.12 	one-half hour after sunset to one-half hour before sunrise, except on the right-hand side 
6.13 	of the right-of-way and in the same direction as the highway traffic on the nearest lane 
6.14 	of the adjacent roadway.
6.15 	(i) (j) A person shall not operate a class 1 an all-terrain vehicle at any time within the 
6.16 	right-of-way of an interstate highway or freeway within this state.

6.17 	Sec. 12. Minnesota Statutes 2006, section 84.929, is amended to read:
6.18 	84.929 PENALTIES.
6.19 	Any person who violates any provision of sections 84.773, 84.777, and 84.92 to 
6.20 	84.928 or rules of the commissioner is guilty of a misdemeanor. 

6.21 	Sec. 13. Minnesota Statutes 2006, section 85.015, subdivision 14, is amended to read:
6.22 		Subd. 14.Gateway Trail Willard Munger Trail System, Chisago, Ramsey,
6.23 	Pine, St. Louis, Carlton, and Washington Counties. (a) The trail shall consist of six 
6.24 	segments. One segment shall be known as the Gateway Trail and shall originate at the 
6.25 	State Capitol and shall extend northerly and northeasterly to William O'Brien State Park, 
6.26 	thence northerly to Taylors Falls in Chisago County, and there terminate. One segment 
6.27 	shall be known as the Boundary Trail and shall originate in Chisago County and extend 
6.28 	into Duluth in St. Louis County. One segment shall be known as the Browns Creek Trail 
6.29 	and shall originate at Duluth Junction and extend into Stillwater in Washington County. 
6.30 	One segment shall be known as the Munger Trail and shall originate at Hinckley in Pine 
6.31 	County and extend through Moose Lake in Carlton County to Duluth in St. Louis County. 
6.32 	One segment shall be known as the Alex Laveau Trail and shall originate in Carlton 
6.33 	County at Carlton and extend through Wrenshall to the Minnesota-Wisconsin border. One 
7.1 	segment shall be established that extends the trail to include the cities of Proctor, Duluth, 
7.2 	and Hermantown in St. Louis County.
7.3 	(b) The trail Gateway and Browns Creek trails shall be developed primarily for 
7.4 	hiking and nonmotorized riding and the remaining trails shall be developed primarily for 
7.5 	riding and hiking.
7.6 	(c) In addition to the authority granted in subdivision 1, lands and interests in lands 
7.7 	for the trailGateway and Browns Creek trails may be acquired by eminent domain.
7.8 	(d) The commissioner of natural resources, after consulting with all local units of 
7.9 	government affected by the trail, and with the commissioner of transportation and the 
7.10 	Metropolitan Council, shall prepare a master plan for the trail. After completion of the 
7.11 	master plan, any land or interest in land not needed for the trail may be disposed of by the 
7.12 	commissioner of natural resources as follows:
7.13 	(1) by transfer to the Department of Transportation, the Historical Society, or 
7.14 	another state agency;
7.15 	(2) by sale at not less than the purchase price to a city, town, school district, park 
7.16 	district, or other political subdivision whose boundaries include or are adjacent to the land, 
7.17 	for public purposes only, after written notice to each of these political subdivisions; or
7.18 	(3) if no offer to purchase is received from any political subdivision within one year 
7.19 	after the completion of the master plan, then by public sale, at not less than the purchase 
7.20 	price, upon notice published in the manner provided in section 92.14, and otherwise in the 
7.21 	same manner as trust fund lands are sold, so far as applicable. 
7.22 	All proceeds derived from sales of unneeded land and interest in land shall be 
7.23 	deposited in the state bond fund. For the purposes of United States Code, title 23, section 
7.24 	138, and title 49, section 1653(f), any land or interest in land not needed for the trail and 
7.25 	transferred to another state agency, or sold, does not constitute permanent park, recreation 
7.26 	area, or wildlife or waterfowl refuge facility land.

7.27 	Sec. 14. Minnesota Statutes 2006, section 85.015, subdivision 22, is amended to read:
7.28 		Subd. 22.Minnesota River Trail. The trail shall originate at the entrance to Big 
7.29 	Stone Lake State Park and extend along the Minnesota River Valley to connect to the 
7.30 	Minnesota Valley Trail at the city of Le Sueur. The trail shall include a loop between Fort 
7.31 	Ridgely State Park and the cities of Redwood Falls and Sleepy Eye. A segment shall be 
7.32 	established connecting the cities of Granite Falls and Montevideo.

7.33 	Sec. 15. Minnesota Statutes 2006, section 169A.35, subdivision 1, is amended to read:
7.34 		Subdivision 1.Definitions. As used in this section:
8.1 	(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2; 
8.2 	(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9; 
8.3 	(3) "motor vehicle" does not include motorboats in operation, or off-road recreational 
8.4 	vehicles except when being operated on a roadway or shoulder of a roadway that is not 
8.5 	part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of 
8.6 	natural resources;
8.7 	(4) "possession" means either that the person had actual possession of the bottle or 
8.8 	receptacle or that the person consciously exercised dominion and control over the bottle 
8.9 	or receptacle; and
8.10 	(5) "3.2 percent malt liquor" has the meaning given it in section 340A.101, 
8.11 	subdivision 19. 

8.12 	Sec. 16. GAME AND FISH BUDGETARY OVERSIGHT COMMITTEE.
 8.13 	The senate Subcommittee on Committees of the Committee on Rules and 
8.14 	Administration and the speaker of the house of representatives shall each appoint one 
8.15 	member of their respective bodies to serve as a member of the Game and Fish Budgetary 
8.16 	Oversight Committee appointed under Minnesota Statutes, section 97A.055, subdivision 
8.17 	4b, paragraph (c). The appointments must be made no later than September 1, 2007. The 
8.18 	terms of the members appointed under this section expire June 30, 2009.

8.19 	Sec. 17.  REPEALER.
 8.20 	Minnesota Statutes 2006, sections 84.928, subdivision 8; and 85.015, subdivision 
8.21 	11, are repealed.