HF 770

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to recreational vehicles; increasing fees; 
  1.3             requiring a snowmobile safety certificate; imposing 
  1.4             night speed limit; requiring a driver's license to 
  1.5             operate certain snowmobiles; permitting local control 
  1.6             of snowmobile speeds; requiring certain posting of 
  1.7             snowmobile trails; requiring a report to the 
  1.8             legislature; appropriating money; amending Minnesota 
  1.9             Statutes 1996, sections 84.82, subdivisions 2 and 3; 
  1.10            84.83, subdivision 3; and 84.87, subdivisions 2, 2c, 
  1.11            3, and by adding a subdivision; proposing coding for 
  1.12            new law in Minnesota Statutes, chapters 84; and 85. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [TITLE.] 
  1.15     This act shall be called the "Joshua Renken and Stacy 
  1.16  Schlosser Snowmobile Safety Act." 
  1.17     Sec. 2.  Minnesota Statutes 1996, section 84.82, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
  1.20  (a) Application for registration or reregistration shall be made 
  1.21  to the commissioner of natural resources, or the commissioner of 
  1.22  public safety or an authorized deputy registrar of motor 
  1.23  vehicles in such form as the commissioner of public safety shall 
  1.24  prescribe, and shall state the legal name and address of every 
  1.25  owner of the snowmobile and be signed by at least one owner.  
  1.26     (b) A person who purchases a snowmobile from a retail 
  1.27  dealer shall make application for registration to the dealer at 
  1.28  the point of sale.  The dealer shall issue a temporary 
  1.29  registration permit to each purchaser who applies to the dealer 
  2.1   for registration.  The temporary registration is valid for 60 
  2.2   days from the date of issue.  Each retail dealer shall submit 
  2.3   completed registration and fees to the deputy registrar at least 
  2.4   once a week.  Upon receipt of the application and the 
  2.5   appropriate fee as hereinafter provided, such snowmobile shall 
  2.6   be registered and a registration number assigned which shall be 
  2.7   affixed to the snowmobile in such a clearly visible and 
  2.8   permanent manner for enforcement purposes as the commissioner of 
  2.9   natural resources shall prescribe. 
  2.10     (c) Each deputy registrar of motor vehicles acting pursuant 
  2.11  to section 168.33, shall also be a deputy registrar of 
  2.12  snowmobiles.  The commissioner of natural resources in agreement 
  2.13  with the commissioner of public safety may prescribe the 
  2.14  accounting and procedural requirements necessary to assure 
  2.15  efficient handling of registrations and registration fees.  
  2.16  Deputy registrars shall strictly comply with these accounting 
  2.17  and procedural requirements.  
  2.18     (d) A fee of $2 in addition to that otherwise prescribed by 
  2.19  law shall be charged for: 
  2.20     (1) each snowmobile registered by the registrar or a deputy 
  2.21  registrar and the additional fee shall be disposed of in the 
  2.22  manner provided in section 168.33, subdivision 2; or 
  2.23     (2) each snowmobile registered by the commissioner and the 
  2.24  additional fee shall be deposited in the state treasury and 
  2.25  credited to the snowmobile trails and enforcement account in the 
  2.26  natural resources fund.  
  2.27     Sec. 3.  Minnesota Statutes 1996, section 84.82, 
  2.28  subdivision 3, is amended to read: 
  2.29     Subd. 3.  [FEES FOR REGISTRATION.] (a) The fee for 
  2.30  registration of each snowmobile, other than those used for an 
  2.31  agricultural purpose, as defined in section 84.92, subdivision 
  2.32  1c, or those registered by a dealer or manufacturer pursuant to 
  2.33  clause (b) or (c) shall be as follows:  $30 $60 for three years 
  2.34  and $4 for a duplicate or transfer. 
  2.35     (b) The total registration fee for all snowmobiles owned by 
  2.36  a dealer and operated for demonstration or testing purposes 
  3.1   shall be $50 per year. 
  3.2      (c) The total registration fee for all snowmobiles owned by 
  3.3   a manufacturer and operated for research, testing, 
  3.4   experimentation, or demonstration purposes shall be $150 per 
  3.5   year.  Dealer and manufacturer registrations are not 
  3.6   transferable. 
  3.7      Sec. 4.  Minnesota Statutes 1996, section 84.83, 
  3.8   subdivision 3, is amended to read: 
  3.9      Subd. 3.  [PURPOSES FOR THE ACCOUNT.] (a) The money 
  3.10  deposited in the account and interest earned on that money may 
  3.11  be expended only as appropriated by law for in the 
  3.12  following purposes manner:  
  3.13     (1) 50 percent annually for a grant-in-aid program to 
  3.14  counties and municipalities for construction and, maintenance, 
  3.15  and safety posting of snowmobile trails, of which 35 percent is 
  3.16  for construction, trail grooming, and lease clarification, and 
  3.17  15 percent is for nongrooming trail safety improvements and 
  3.18  snowmobile safety education; 
  3.19     (2) 25 percent annually for acquisition, development, and 
  3.20  maintenance, and administration of state recreational snowmobile 
  3.21  trails; 
  3.22     (3) for snowmobile safety programs; and 
  3.23     (4) (3) 25 percent annually for the administration and 
  3.24  enforcement of sections 84.81 to 84.90 snowmobile enforcement 
  3.25  utilizing local government enforcement and trained volunteers to 
  3.26  the greatest extent practicable. 
  3.27     (b) The grant-in-aid money in paragraph (a), clause (1), 
  3.28  must be prorated to local governments based on the miles of 
  3.29  snowmobile trails that are located in each jurisdiction.  
  3.30     Sec. 5.  [84.862] [SNOWMOBILE SAFETY CERTIFICATE REQUIRED.] 
  3.31     By October 1, 1999, operators of a snowmobile born after 
  3.32  1950 must have completed the safety education and training 
  3.33  course established in section 84.86 and must have in possession 
  3.34  a snowmobile safety certificate issued by the commissioner. 
  3.35     Sec. 6.  Minnesota Statutes 1996, section 84.87, 
  3.36  subdivision 2, is amended to read: 
  4.1      Subd. 2.  [OPERATION GENERALLY.] It shall be unlawful for 
  4.2   any person to drive or operate any snowmobile in the following 
  4.3   unsafe or harassing ways: 
  4.4      (a) (1) at a rate of speed greater than reasonable or 
  4.5   proper under all the surrounding circumstances; 
  4.6      (b) (2) in a careless, reckless or negligent manner so as 
  4.7   to endanger the person or property of another or to cause injury 
  4.8   or damage thereto; 
  4.9      (c) (3) without a lighted head and taillight when required 
  4.10  for safety; 
  4.11     (d) (4) in any tree nursery or planting in a manner which 
  4.12  damages or destroys growing stock; or 
  4.13     (5) at a speed in excess of 40 miles per hour after sunset 
  4.14  and before sunrise. 
  4.15     Sec. 7.  Minnesota Statutes 1996, section 84.87, 
  4.16  subdivision 2c, is amended to read: 
  4.17     Subd. 2c.  [APPLICATION OF SPEED LIMITS TO TESTING 
  4.18  ACTIVITIES.] (a) A speed limit prescribed under subdivision 2 or 
  4.19  established by the commissioner in rules adopted under section 
  4.20  84.86 does not apply to a snowmobile that is being operated as 
  4.21  part of a testing program established by a snowmobile 
  4.22  manufacturer if: 
  4.23     (1) the snowmobile is operated for testing purposes by a 
  4.24  driver employed by the snowmobile manufacturer; 
  4.25     (2) the snowmobile is clearly marked as a test machine; and 
  4.26     (3) the snowmobile is operated in compliance with all other 
  4.27  applicable laws and rules. 
  4.28     (b) A card containing a photograph of the driver and 
  4.29  identifying the driver as a test driver for the manufacturer 
  4.30  must be in the driver's possession at all times when the 
  4.31  snowmobile is being operated at a speed in excess of the limit 
  4.32  established by the commissioner under section 84.86. 
  4.33     Sec. 8.  Minnesota Statutes 1996, section 84.87, 
  4.34  subdivision 3, is amended to read: 
  4.35     Subd. 3.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] (a) 
  4.36  Notwithstanding anything in this section to the contrary, a 
  5.1   county board may by resolution permit the operation of 
  5.2   snowmobiles upon the roadway, shoulder, or inside bank or slope 
  5.3   of any county highway or county state aid highway if safe 
  5.4   operation in the ditch or outside bank or slope thereof is 
  5.5   impossible, in which case the county board shall cause 
  5.6   appropriate notice thereof to be given. 
  5.7      (b) Any county, city, or any town acting by its town board, 
  5.8   may regulate the operation of snowmobiles on public lands, 
  5.9   waters, and property under their jurisdiction and on streets and 
  5.10  highways within their boundaries by resolution or ordinance of 
  5.11  the governing body and by giving appropriate notice, provided 
  5.12  such regulations are not inconsistent with the provisions of 
  5.13  sections 84.81 to 84.88 inclusive and rules promulgated 
  5.14  thereunder.  However, no such governmental unit may adopt an 
  5.15  ordinance which (1) imposes a fee for the use of public land or 
  5.16  water under the jurisdiction of either the commissioner of 
  5.17  natural resources or any other agency of the state, or for the 
  5.18  use of any access thereto owned by the state, or a county or 
  5.19  city; or (2) require a snowmobile operator to possess a motor 
  5.20  vehicle driver's license while operating a snowmobile. 
  5.21     (c) Where snowmobiles are permitted by law to travel on a 
  5.22  county highway, county state aid highway, or town or city 
  5.23  street, the maximum speed for snowmobiles is ten miles per hour 
  5.24  below the posted maximum speed for automobile traffic. 
  5.25     Sec. 9.  Minnesota Statutes 1996, section 84.87, is amended 
  5.26  by adding a subdivision to read: 
  5.27     Subd. 4.  [COOPERATION IN REGULATION.] The commissioner, a 
  5.28  political subdivision, a local snowmobile club, or other 
  5.29  interested public or private organization shall cooperate and 
  5.30  share information fully for any purpose under this section. 
  5.31     Sec. 10.  [84.874] [DECAL REQUIRED.] 
  5.32     It is unlawful to operate or permit the operation of a 
  5.33  snowmobile without a snowmobile laws decal, issued by the 
  5.34  commissioner, attached to the snowmobile so as to be in full 
  5.35  view and readable by the operator. 
  5.36     Sec. 11.  [85.0185] [SNOWMOBILE TRAIL POSTING.] 
  6.1      The commissioner of natural resources shall set standards 
  6.2   for posting grant-in-aid and state recreational snowmobile 
  6.3   trails.  A recipient of a state grant-in-aid recreational 
  6.4   snowmobile trail is encouraged to improve snowmobile safety 
  6.5   posting under standards of the commissioner. 
  6.6      Sec. 12.  [REPORT REQUIRED.] 
  6.7      The Minnesota snowmobile advisory committee shall report to 
  6.8   the legislature by February 15, 1998, with recommendations 
  6.9   regarding the effectiveness of existing snowmobile regulations, 
  6.10  including trail maintenance and enforcement.  
  6.11     Sec. 13.  [APPROPRIATION.] 
  6.12     $250,000 in fiscal year 1998 and $250,000 in fiscal year 
  6.13  1999 is appropriated from the general fund to the commissioner 
  6.14  of natural resources for snowmobile operation safety and 
  6.15  enforcement.