HF 6

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to recreational vehicles; modifying 
  1.3             rulemaking authority; modifying certain restrictions 
  1.4             on the use of snowmobile metal traction devices; 
  1.5             establishing fines for operation of snowmobiles with 
  1.6             metal traction devices on paved public trails; 
  1.7             modifying certain definitions; amending Minnesota 
  1.8             Statutes 1998, sections 84.86, subdivision 1; and 
  1.9             169.1217, subdivision 1; Laws 1998, chapter 401, 
  1.10            section 61; proposing coding for new law in Minnesota 
  1.11            Statutes, chapter 84; repealing Minnesota Statutes 
  1.12            1998, sections 84.871, subdivision 2; 84.8715; and 
  1.13            85.015, subdivision 1c. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 84.86, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  With a view of achieving maximum use of 
  1.18  snowmobiles consistent with protection of the environment the 
  1.19  commissioner of natural resources shall adopt rules in the 
  1.20  manner provided by chapter 14, for the following purposes: 
  1.21     (1) Registration of snowmobiles and display of registration 
  1.22  numbers. 
  1.23     (2) Use of snowmobiles insofar as game and fish resources 
  1.24  are affected. 
  1.25     (3) Use of snowmobiles on public lands and waters, or on 
  1.26  grant-in-aid trails, including, but not limited to, the use of 
  1.27  specified metal traction devices and nonmetal traction devices. 
  1.28     (4) Uniform signs to be used by the state, counties, and 
  1.29  cities, which are necessary or desirable to control, direct, or 
  2.1   regulate the operation and use of snowmobiles. 
  2.2      (5) Specifications relating to snowmobile mufflers. 
  2.3      (6) A comprehensive snowmobile information and safety 
  2.4   education and training program, including but not limited to the 
  2.5   preparation and dissemination of snowmobile information and 
  2.6   safety advice to the public, the training of snowmobile 
  2.7   operators, and the issuance of snowmobile safety certificates to 
  2.8   snowmobile operators who successfully complete the snowmobile 
  2.9   safety education and training course.  For the purpose of 
  2.10  administering such program and to defray a portion of the 
  2.11  expenses of training and certifying snowmobile operators, the 
  2.12  commissioner shall collect a fee of not to exceed $5 from each 
  2.13  person who receives the youth and young adult training and a fee 
  2.14  established under chapter 16A from each person who receives the 
  2.15  adult training.  The commissioner shall deposit the fee in the 
  2.16  snowmobile trails and enforcement account and the amount thereof 
  2.17  is appropriated annually to the commissioner of natural 
  2.18  resources for the administration of such programs.  The 
  2.19  commissioner shall cooperate with private organizations and 
  2.20  associations, private and public corporations, and local 
  2.21  governmental units in furtherance of the program established 
  2.22  under this clause.  The commissioner shall consult with the 
  2.23  commissioner of public safety in regard to training program 
  2.24  subject matter and performance testing that leads to the 
  2.25  certification of snowmobile operators. 
  2.26     (7) The operator of any snowmobile involved in an accident 
  2.27  resulting in injury requiring medical attention or 
  2.28  hospitalization to or death of any person or total damage to an 
  2.29  extent of $500 or more, shall forward a written report of the 
  2.30  accident to the commissioner on such form as the commissioner 
  2.31  shall prescribe.  If the operator is killed or is unable to file 
  2.32  a report due to incapacitation, any peace officer investigating 
  2.33  the accident shall file the accident report within ten business 
  2.34  days. 
  2.35     Sec. 2.  [84.8712] [METAL TRACTION DEVICES; PROHIBITION ON 
  2.36  PAVED TRAILS.] 
  3.1      Subdivision 1.  [PROHIBITION.] A person may not use a 
  3.2   snowmobile with metal traction devices on any paved public 
  3.3   trail, except: 
  3.4      (1) as provided by a local government with jurisdiction 
  3.5   over a trail; 
  3.6      (2) to make the shortest possible crossing over a paved 
  3.7   state trail at slow speed; or 
  3.8      (3) on any portion of a paved state trail designated by the 
  3.9   commissioner. 
  3.10     Subd. 2.  [CIVIL CITATION; AUTHORITY TO 
  3.11  ISSUE.] Conservation officers and other licensed peace officers 
  3.12  may issue civil citations to a person who operates a snowmobile 
  3.13  in violation of this section.  The citation must impose a 
  3.14  penalty of no more than $50 for the first offense, no more than 
  3.15  $300 for the second offense, and no more than $600 for third and 
  3.16  subsequent offenses.  
  3.17     Subd. 3.  [APPEALS.] Civil citations for offenses under 
  3.18  this section may be appealed under the procedures in section 
  3.19  116.072, subdivision 6, if the recipient of the citation 
  3.20  requests a hearing by notifying the commissioner in writing 
  3.21  within 15 days after receipt of the citation.  For the purposes 
  3.22  of the enforcement of this section, the terms "commissioner" and 
  3.23  "agency" as used in section 116.072 mean the commissioner of 
  3.24  natural resources.  If a hearing is not requested within the 
  3.25  15-day period, the citation becomes a final order not subject to 
  3.26  further review.  
  3.27     Subd. 4.  [ENFORCEMENT.] Civil citations for offenses under 
  3.28  this section may be enforced under section 116.072, subdivision 
  3.29  9.  If a person fails to pay a penalty owed under this section, 
  3.30  the person may not operate a snowmobile until the penalty is 
  3.31  paid.  Penalty amounts must be remitted within 30 days of 
  3.32  issuance of the penalty citation. 
  3.33     Subd. 5.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
  3.34  collected from civil citations issued under this section are 
  3.35  deposited to the unit of government employing the officer that 
  3.36  issues the civil citation.  The commissioner must deposit 
  4.1   penalty amounts received by the state in the snowmobile trails 
  4.2   and enforcement account established by section 84.83, 
  4.3   subdivision 1.  The penalty amounts in the account must be 
  4.4   dedicated for the repair of paved public trails.  
  4.5      Subd. 6.  [SELECTION OF REMEDY.] A person operating a 
  4.6   snowmobile in violation of this section is guilty of a petty 
  4.7   misdemeanor punishable by a fine of no more than $50 for the 
  4.8   first offense, no more than $300 for the second offense, and no 
  4.9   more than $600 for the third and subsequent offenses.  A peace 
  4.10  officer may not seek both civil and petty misdemeanor penalties 
  4.11  for a violation of this section. 
  4.12     Sec. 3.  Minnesota Statutes 1998, section 169.1217, 
  4.13  subdivision 1, is amended to read: 
  4.14     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  4.15  following terms have the meanings given them: 
  4.16     (a) "Appropriate agency" means a law enforcement agency 
  4.17  that has the authority to make an arrest for a violation of a 
  4.18  designated offense or to require a test under section 169.123. 
  4.19     (b) "Designated license revocation" includes a license 
  4.20  revocation under section 169.123: 
  4.21     (1) within five years of two prior impaired driving 
  4.22  convictions, two prior license revocations, or a prior impaired 
  4.23  driving conviction and a prior license revocation, based on 
  4.24  separate incidents; or 
  4.25     (2) within 15 years of the first of three or more prior 
  4.26  impaired driving convictions, three or more prior license 
  4.27  revocations, or any combination of three or more prior impaired 
  4.28  driving convictions and prior license revocations, based on 
  4.29  separate incidents.  
  4.30     (c) "Designated offense" includes: 
  4.31     (1) a violation of section 169.121, subdivision 1, clause 
  4.32  (a), (b), (c), (d), (e), (g), or (h), subdivision 1a, an 
  4.33  ordinance in conformity with any of them, or section 169.129: 
  4.34     (i) within five years of two prior impaired driving 
  4.35  convictions, or two prior license revocations, or a prior 
  4.36  impaired driving conviction and a prior license revocation, 
  5.1   based on separate incidents; or 
  5.2      (ii) within 15 years of the first of three or more prior 
  5.3   impaired driving convictions, three or more prior license 
  5.4   revocations, or any combination of three or more impaired 
  5.5   driving convictions and prior license revocations, based on 
  5.6   separate incidents; 
  5.7      (2) a violation of section 169.121, subdivision 1, clause 
  5.8   (f), or a violation of section 169.121, subdivision 3, paragraph 
  5.9   (c), clause (4): 
  5.10     (i) within five years of a prior impaired driving 
  5.11  conviction or a prior license revocation; or 
  5.12     (ii) within 15 years of the first of two or more prior 
  5.13  impaired driving convictions, two or more prior license 
  5.14  revocations, or a prior impaired driving conviction and a prior 
  5.15  license revocation, based on separate incidents; or 
  5.16     (3) a violation of section 169.121, an ordinance in 
  5.17  conformity with it, or section 169.129: 
  5.18     (i) by a person whose driver's license or driving 
  5.19  privileges have been canceled under section 171.04, subdivision 
  5.20  1, clause (9); or 
  5.21     (ii) by a person who is subject to a restriction on the 
  5.22  person's driver's license under section 171.09 which provides 
  5.23  that the person may not use or consume any amount of alcohol or 
  5.24  a controlled substance; or 
  5.25     (4) until June 30, 1999, a second or subsequent violation 
  5.26  of section 85.015, subdivision 1c. 
  5.27     (d) "Motor vehicle" and "vehicle" have the meaning given 
  5.28  "motor vehicle" in section 169.121, subdivision 11.  The terms 
  5.29  do not include a vehicle which is stolen or taken in violation 
  5.30  of the law. 
  5.31     (e) "Owner" means the registered owner of the motor vehicle 
  5.32  according to records of the department of public safety and 
  5.33  includes a lessee of a motor vehicle if the lease agreement has 
  5.34  a term of 180 days or more. 
  5.35     (f) "Prior impaired driving conviction" has the meaning 
  5.36  given it in section 169.121, subdivision 3.  A prior impaired 
  6.1   driving conviction also includes a prior juvenile adjudication 
  6.2   that would have been a prior impaired driving conviction if 
  6.3   committed by an adult. 
  6.4      (g) "Prior license revocation" has the meaning given it in 
  6.5   section 169.121, subdivision 3. 
  6.6      (h) "Prosecuting authority" means the attorney in the 
  6.7   jurisdiction in which the designated offense occurred who is 
  6.8   responsible for prosecuting violations of a designated offense. 
  6.9      Sec. 4.  Laws 1998, chapter 401, section 61, is amended to 
  6.10  read: 
  6.11     Sec. 61.  [REPEALER.] 
  6.12     (a) Minnesota Statutes 1997 Supplement, section 85.015, 
  6.13  subdivision 1c, as amended by this act, is repealed effective 
  6.14  June 30, 1999. 
  6.15     (b) Laws 1991, chapter 275, section 3, is repealed. 
  6.16     Sec. 5.  [REPEALER.] 
  6.17     Minnesota Statutes 1998, sections 84.871, subdivision 2; 
  6.18  84.8715; and 85.015, subdivision 1c, are repealed. 
  6.19     Sec. 6.  [EFFECTIVE DATE.] 
  6.20     Sections 1 to 5 are effective the day following final 
  6.21  enactment.