1.1 	A bill for an act
1.2 	relating to natural resources; modifying off-highway vehicle seasons; modifying 
1.3 	off-highway vehicle youth operation requirements; modifying nonresident 
1.4 	all-terrain vehicle state trail pass;amending Minnesota Statutes 2008, sections 
1.5 	84.777, subdivision 2; 84.9256, subdivision 1; 84.928, subdivision 5; Minnesota 
1.6 	Statutes 2009 Supplement, sections 84.793, subdivision 1; 84.9275, subdivision 
1.7 	1.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read:
1.10 		Subd. 2.Off-highway vehicle seasons seasonal restrictions. (a) The commissioner 
1.11 	shall prescribe seasons for off-highway vehicle use on state forest lands. Except for 
1.12 	designated forest roads, a person must not operate an off-highway vehicle on state forest 
1.13 	lands outside of the seasons prescribed under this paragraph. during the firearms deer 
1.14 	hunting season in areas of the state where deer may be taken by rifle. This paragraph 
1.15 	does not apply to a person in possession of a valid deer hunting license operating an 
1.16 	off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
1.17 	(b) The commissioner may designate and post winter trails on state forest lands 
1.18 	for use by off-highway vehicles.
1.19 	(c) For the purposes of this subdivision, "state forest lands" means forest lands under 
1.20 	the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 
1.21 	managed by the commissioner under section 282.011.

1.22 	Sec. 2. Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is 
1.23 	amended to read:
2.1 		Subdivision 1.Prohibitions on youthful operators. (a) After January 1, 1995, A 
2.2 	person less than 16 years of age operating an off-highway motorcycle on public lands 
2.3 	or waters must possess a valid off-highway motorcycle safety certificate issued by the 
2.4 	commissioner.
2.5 	(b) Except for operation on public road rights-of-way that is permitted under section 
2.6 	84.795, subdivision 1, a driver's license issued by the state or another state is required to 
2.7 	operate an off-highway motorcycle along or on a public road right-of-way.
2.8 	(c) A person under 12 years of age may not:
2.9 	(1) make a direct crossing of a public road right-of-way;
2.10 	(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
2.11 	(3) operate an off-highway motorcycle on public lands or waters unless accompanied 
2.12 	by a person 18 years of age or older or participating in an event for which the 
2.13 	commissioner has issued a special use permit.
2.14 	(d) Except for public road rights-of-way of interstate highways, a person less than 16 
2.15 	years of age may make a direct crossing of a public road right-of-way of a trunk, county 
2.16 	state-aid, or county highway only if that person is accompanied by a person 18 years of 
2.17 	age or older who holds a valid driver's license.
2.18 	(e) A person less than 16 years of age may operate an off-highway motorcycle on 
2.19 	public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph 
2.20 	(a), only if that person is accompanied by a person 18 years of age or older who holds a 
2.21 	valid driver's license.
2.22 	(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may 
2.23 	operate an off-highway motorcycle on public lands or waters if the nonresident youth has 
2.24 	in possession evidence of completing a safety course offered by the Motorcycle Safety 
2.25 	Foundation.

2.26 	Sec. 3. Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read:
2.27 		Subdivision 1.Prohibitions on youthful operators. (a) Except for operation on 
2.28 	public road rights-of-way that is permitted under section 84.928, a driver's license issued 
2.29 	by the state or another state is required to operate an all-terrain vehicle along or on a 
2.30 	public road right-of-way.
2.31 	(b) A person under 12 years of age shall not:
2.32 	(1) make a direct crossing of a public road right-of-way;
2.33 	(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
2.34 	(3) operate an all-terrain vehicle on public lands or waters, except as provided in 
2.35 	paragraph (f).
3.1 	(c) Except for public road rights-of-way of interstate highways, a person 12 years 
3.2 	of age but less than 16 years may make a direct crossing of a public road right-of-way 
3.3 	of a trunk, county state-aid, or county highway or operate on public lands and waters or 
3.4 	state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety 
3.5 	certificate issued by the commissioner and is accompanied on another all-terrain vehicle 
3.6 	by a person 18 years of age or older who holds a valid driver's license.
3.7 	(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years 
3.8 	old, but less than 16 years old, must:
3.9 	(1) successfully complete the safety education and training program under section 
3.10 	84.925, subdivision 1, including a riding component; and
3.11 	(2) be able to properly reach and control the handle bars and reach the foot pegs 
3.12 	while sitting upright on the seat of the all-terrain vehicle.
3.13 	(e) A person at least 11 years of age may take the safety education and training 
3.14 	program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 
3.15 	the certificate is not valid until the person reaches age 12.
3.16 	(f) A person at least ten years of age but under 12 years of age may operate an 
3.17 	all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if 
3.18 	accompanied by a parent or legal guardian.
3.19 	(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
3.20 	(h) A person under the age of 16 may not operate an all-terrain vehicle on public 
3.21 	lands or waters or on state or grant-in-aid trails if the person cannot properly reach and 
3.22 	control the handle bars and reach the foot pegs while sitting upright on the seat of the 
3.23 	all-terrain vehicle.
3.24 	(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 
3.25 	16 years old, may make a direct crossing of a public road right-of-way of a trunk, county 
3.26 	state-aid, or county highway or operate an all-terrain vehicle on public lands and waters 
3.27 	or state or grant-in-aid trails if:
3.28 	(1) the nonresident youth has in possession evidence of completing the online 
3.29 	all-terrain safety course offered by the ATV Safety Institute; and
3.30 	(2) the nonresident youth is accompanied on another all-terrain vehicle by a person 
3.31 	18 years of age or older who holds a valid driver's license.

3.32 	Sec. 4. Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is 
3.33 	amended to read:
3.34 		Subdivision 1.Pass required; fee. (a) A nonresident may not operate an all-terrain 
3.35 	vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid 
4.1 	nonresident all-terrain vehicle state trail pass in immediate possession. The pass must 
4.2 	be available for inspection by a peace officer, a conservation officer, or an employee 
4.3 	designated under section 84.0835.
4.4 	(b) The commissioner of natural resources shall issue a pass upon application and 
4.5 	payment of a $20 fee. The pass is valid from January 1 through December 31. Fees 
4.6 	collected under this section, except for the issuing fee for licensing agents, shall be 
4.7 	deposited in the state treasury and credited to the all-terrain vehicle account in the natural 
4.8 	resources fund and, except for the electronic licensing system commission established by 
4.9 	the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to 
4.10 	counties and municipalities for all-terrain vehicle organizations to construct and maintain 
4.11 	all-terrain vehicle trails and use areas.
4.12 	(c) A nonresident all-terrain vehicle state trail pass is not required for:
4.13 	(1) an all-terrain vehicle that is owned and used by the United States, another state, 
4.14 	or a political subdivision thereof that is exempt from registration under section 84.922, 
4.15 	subdivision 1a; or
4.16 	(2) a person operating an all-terrain vehicle only on the portion of a trail that is 
4.17 	owned by the person or the person's spouse, child, or parent.; or
4.18 	(3) a nonresident operating an all-terrain vehicle that is registered according to 
4.19 	section 84.922.

4.20 	Sec. 5. Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read:
4.21 		Subd. 5.Organized contests, use of highways and public lands and waters. (a) 
4.22 	Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the 
4.23 	right-of-way of a state trunk or county state-aid highway or upon public lands or waters 
4.24 	under the jurisdiction of the commissioner of natural resources, in an organized contest or 
4.25 	event, subject to the consent of the official or board having jurisdiction over the highway 
4.26 	or public lands or waters.
4.27 	(b) In permitting the contest or event, the official or board having jurisdiction may 
4.28 	prescribe restrictions or conditions as they may deem advisable.
4.29 	(c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under 
4.30 	12 years of age may operate an all-terrain vehicle in an organized contest on public lands 
4.31 	or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person 
4.32 	complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised 
4.33 	by a person 18 years of age or older.