HF 833

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying restrictions
on the operation of off-highway vehicles; extending
the availability of the off-highway vehicle damage
account; providing for seizure and forfeiture of
certain off-highway vehicles; requiring certain
off-highway vehicle violations to be added to the
driving record of the violator; modifying civil
penalties; clarifying the requirement for off-road
vehicle registration; modifying off-road vehicle
account receipts and disposition; requiring plates on
all-terrain vehicles; providing for revocation of
registration; providing criminal penalties; amending
Minnesota Statutes 2004, sections 84.773, subdivision
1, by adding a subdivision; 84.775, subdivision 1;
84.780; 84.797, subdivisions 6, 12; 84.798,
subdivision 1; 84.802; 84.803; 84.804, subdivisions 1,
2, 3; 84.922, subdivision 2; 84.928, subdivision 2;
97A.315, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapter 84; repealing Minnesota
Statutes 2004, sections 84.796; 84.805; 84.929;
296A.18, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [84.772] OFF-HIGHWAY VEHICLE TOLL-FREE
HOTLINE.
new text end

new text begin The commissioner of natural resources shall maintain and
publicize a toll-free telephone number that allows citizens to:
new text end

new text begin (1) obtain tape-recorded information about trail
conditions;
new text end

new text begin (2) report complaints about or violations by operators of
off-highway vehicles; and
new text end

new text begin (3) report damage caused by all-terrain vehicles and trail
safety concerns.
new text end

Sec. 2.

Minnesota Statutes 2004, section 84.773,
subdivision 1, is amended to read:

Subdivision 1.

Restrictions.

new text begin (a) new text end A person may not
intentionally operate an off-highway vehicle:

(1) on a trail on public land that is designated or signed
for nonmotorized use only;

(2) on restricted areas within public lands that are posted
or where gates or other clearly visible structures are placed to
prevent unauthorized motorized vehicle access;

(3) except as specifically authorized by law or rule
adopted by the commissioner, in unfrozen public waters, as
defined in section 103G.005; in a state park; in a scientific
and natural area; or in a wildlife management area; or

(4) in a calcareous fen, as identified by the commissioner.

new text begin (b) A person may not operate an off-highway vehicle at a
speed greater than ten miles per hour:
new text end

new text begin (1) within 100 feet of a person who is not:
new text end

new text begin (i) on an off-highway vehicle, snowmobile, or motorcycle;
or
new text end

new text begin (ii) in a motor vehicle;
new text end

new text begin (2) within 100 feet of a fish house, dark house, or any
other structure while operating on a frozen public water; or
new text end

new text begin (3) within 150 feet of a home or residential dwelling.
new text end

Sec. 3.

Minnesota Statutes 2004, section 84.773, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Mufflers. new text end

new text begin (a) No person shall operate an
off-highway vehicle unless it is equipped with a muffler having
a spark arrestor approved by the United States Forest Service as
described under Code of Federal Regulations, title 36, section
261.52, paragraph (j).
new text end

new text begin (b) Off-highway vehicles shall not be sold, offered for
sale, or operated in this state unless equipped so that overall
noise emission does not exceed a sound level limitation of not
more than 95 decibels on the A scale from a distance of 20
inches using test procedures and instrumentation as set forth in
the Society of Automotive Engineers' Standard, SAE J1287, June
1988, or, if different procedures or instrumentation are used, a
noise level equivalent to that level.
new text end

new text begin (c) No noise suppressing system or muffler shall be
equipped with a cutout, bypass, or similar device and no person
shall modify or alter that system or its operation in any manner
that will amplify or increase the noise emitted by the vehicle's
motor to exceed the noise limits established in this
subdivision, except for organized events as authorized by
sections 84.795, subdivision 7; 84.804, subdivision 5; and
84.928, subdivision 5.
new text end

Sec. 4.

new text begin [84.774] OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.
new text end

new text begin (a) Except as provided in paragraph (b), a person who
violates a provision of sections 84.773; 84.777; 84.788 to
84.795; 84.798 to 84.804; 84.90; or 84.922 to 84.928 or rules of
the commissioner relating to off-highway vehicle use is guilty
of a misdemeanor.
new text end

new text begin (b) A person is guilty of a gross misdemeanor if the person:
new text end

new text begin (1) knowingly disregards signs prohibiting the use of
off-highway vehicles and operates an off-highway vehicle in an
area where the use is prohibited;
new text end

new text begin (2) violates section 84.773 or 84.777 after personally
being notified by a peace officer not to operate in the area
prohibited;
new text end

new text begin (3) violates a section listed in paragraph (a) and has at
least one conviction for a violation under those sections in the
last three years;
new text end

new text begin (4) violates a section listed in paragraph (a) resulting in
the endangerment of another person; or
new text end

new text begin (5) violates section 84.773; 84.777; 84.90; or 97B.001 and
the violation results in property damage in excess of 400 square
feet or with a cost of repair in excess of $500.
new text end

new text begin (c) A person convicted of a gross misdemeanor under
paragraph (b) is prohibited from operating an off-highway
vehicle for a period of two years. The commissioner shall
notify the person of the time period during which the person is
prohibited from operating an off-highway vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

new text begin [84.7741] OFF-HIGHWAY VEHICLE FORFEITURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given them.
new text end

new text begin (b) "Appropriate agency" means a law enforcement agency
that has the authority to make an arrest for a violation of a
designated offense.
new text end

new text begin (c) "Claimant" means an owner of an off-highway vehicle or
a person claiming a leasehold or security interest in an
off-highway vehicle.
new text end

new text begin (d) "Designated offense" means a gross misdemeanor
violation under section 84.774, paragraph (b).
new text end

new text begin (e) "Family or household member" means:
new text end

new text begin (1) a parent, stepparent, or guardian;
new text end

new text begin (2) any of the following persons related by blood,
marriage, or adoption: brother, sister, stepbrother,
stepsister, first cousin, aunt, uncle, nephew, niece,
grandparent, great-grandparent, great-uncle, or great-aunt; or
new text end

new text begin (3) persons residing together or persons who regularly
associate and communicate with one another outside of a
workplace setting.
new text end

new text begin (f) "Off-highway vehicle" and "vehicle" do not include an
off-highway vehicle that is stolen or taken in violation of the
law.
new text end

new text begin (g) "Owner" means a person legally entitled to possession,
use, and control of an off-highway vehicle, including a lessee
of an off-highway vehicle if the lease agreement has a term of
180 days or more. There is a rebuttable presumption that a
person registered as the owner of an off-highway vehicle
according to the records of the Department of Public Safety or
the Department of Natural Resources is the legal owner. For
purposes of this section, if an off-highway vehicle is owned
jointly by two or more people, each owner's interest extends to
the whole of the vehicle and is not subject to apportionment.
new text end

new text begin (h) "Prosecuting authority" means the attorney in the
jurisdiction in which the designated offense occurred, or a
designee, who is responsible for prosecuting violations of a
designated offense. If a state agency initiated the forfeiture,
and the attorney responsible for prosecuting the designated
offense declines to pursue forfeiture, the attorney general's
office, or its designee, may initiate forfeiture under this
section.
new text end

new text begin (i) "Security interest" means a bona fide security interest
perfected according to section 168A.17, subdivision 2, based on
a loan or other financing that, if an off-highway vehicle is
required to be registered under chapter 168, is listed on the
vehicle's title.
new text end

new text begin Subd. 2. new text end

new text begin Seizure. new text end

new text begin (a) An off-highway vehicle subject to
forfeiture under this section may be seized by the appropriate
agency upon process issued by any court having jurisdiction over
the vehicle.
new text end

new text begin (b) Property may be seized without process if:
new text end

new text begin (1) the seizure is incident to a lawful arrest or a lawful
search;
new text end

new text begin (2) the vehicle subject to seizure has been the subject of
a prior judgment in favor of the state in a criminal injunction
or forfeiture proceeding under this section; or
new text end

new text begin (3) the appropriate agency has probable cause to believe
that the delay occasioned by the necessity to obtain process
would result in the removal or destruction of the vehicle. If
property is seized without process under this clause, the
prosecuting authority must institute a forfeiture action under
this section as soon as is reasonably possible by serving a
notice of seizure and intent to forfeit at the address of the
owner as listed in the records of the Department of Public
Safety or Department of Natural Resources.
new text end

new text begin Subd. 3. new text end

new text begin Right to possession vests immediately; custody.
new text end

new text begin All right, title, and interest in an off-highway vehicle subject
to forfeiture under this section vests in the appropriate agency
upon commission of the conduct resulting in the designated
offense giving rise to the forfeiture. Any vehicle seized under
this section is not subject to replevin, but is deemed to be in
the custody of the appropriate agency subject to the orders and
decrees of the court having jurisdiction over the forfeiture
proceedings. When an off-highway vehicle is seized under this
section, the appropriate agency may:
new text end

new text begin (1) place the vehicle under seal;
new text end

new text begin (2) remove the vehicle to a place designated by the agency;
new text end

new text begin (3) place a disabling device on the vehicle; and
new text end

new text begin (4) take other steps reasonable and necessary to secure the
vehicle and prevent waste.
new text end

new text begin Subd. 4. new text end

new text begin Bond by owner for possession. new text end

new text begin If the owner of
an off-highway vehicle that has been seized under this section
seeks possession of the vehicle before the forfeiture action is
determined, the owner may, subject to the approval of the
appropriate agency, give security or post bond payable to the
appropriate agency in an amount equal to the retail value of the
seized vehicle. On posting the security or bond, the seized
vehicle may be returned to the owner. The forfeiture action
must proceed against the security as if it were the seized
vehicle.
new text end

new text begin Subd. 5. new text end

new text begin Evidence. new text end

new text begin Certified copies of court records and
off-highway vehicle and driver's records concerning prior
incidents are admissible as substantive evidence where necessary
to prove the commission of a designated offense.
new text end

new text begin Subd. 6. new text end

new text begin Vehicle subject to forfeiture. new text end

new text begin An off-highway
vehicle is subject to forfeiture under this section if it was
used in the commission of a designated offense.
new text end

new text begin Subd. 7. new text end

new text begin Presumptions; limitations on vehicle
forfeiture. new text end

new text begin (a) An off-highway vehicle is presumed subject to
forfeiture under this section if:
new text end

new text begin (1) the driver is convicted of the designated offense upon
which the forfeiture is based; or
new text end

new text begin (2) the driver fails to appear for a scheduled court
appearance with respect to the designated offense charged and
fails to voluntarily surrender within 48 hours after the time
required for appearance.
new text end

new text begin (b) An off-highway vehicle encumbered by a security
interest perfected according to section 168A.17, subdivision 2,
or subject to a lease that has a term of 180 days or more, is
subject to the interest of the secured party or lessor unless
the party or lessor had knowledge of or consented to the act
upon which the forfeiture is based. However, when the proceeds
of the sale of a seized vehicle do not equal or exceed the
outstanding loan balance, the appropriate agency shall remit all
proceeds of the sale to the secured party after deducting the
agency's costs for the seizure, tow, storage, forfeiture, and
sale of the vehicle. If the sale of the vehicle is conducted in
a commercially reasonable manner consistent with section
336.9-610, the agency is not liable to the secured party for any
amount owed on the loan in excess of the sale proceeds. The
validity and amount of a nonperfected security interest must be
established by its holder by clear and convincing evidence.
new text end

new text begin (c) Notwithstanding paragraph (b), the secured party's or
lessor's interest in an off-highway vehicle is not subject to
forfeiture based solely on the secured party's or lessor's
knowledge of the act or omission upon which the forfeiture is
based if the secured party or lessor demonstrates by clear and
convincing evidence that the party or lessor took reasonable
steps to terminate use of the vehicle by the offender.
new text end

new text begin (d) An off-highway vehicle is not subject to forfeiture
under this section if its owner can demonstrate by clear and
convincing evidence that the owner did not have actual or
constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the owner took
reasonable steps to prevent use of the vehicle by the offender.
If the offender is a family or household member of the owner and
has three or more prior off-highway vehicle convictions, the
owner is presumed to know of any vehicle use by the offender
that is contrary to law.
new text end

new text begin Subd. 8. new text end

new text begin Administrative forfeiture procedure. new text end

new text begin (a) An
off-highway vehicle used to commit a designated offense is
subject to administrative forfeiture under this subdivision.
new text end

new text begin (b) When an off-highway vehicle is seized under subdivision
2, or within a reasonable time after seizure, the appropriate
agency shall serve the driver or operator of the vehicle with a
notice of the seizure and intent to forfeit the vehicle.
Additionally, when an off-highway vehicle is seized under
subdivision 2, or within a reasonable time after that, all
persons known to have an ownership, possessory, or security
interest in the vehicle must be notified of the seizure and the
intent to forfeit the vehicle. For those vehicles required to
be registered under chapter 168, the notification to a person
known to have a security interest in the vehicle is required
only if the vehicle is registered under chapter 168 and the
interest is listed on the vehicle's title. Notice mailed by
certified mail to the address shown in Department of Public
Safety records is sufficient notice to the registered owner of
the vehicle. For off-highway vehicles not required to be
registered under chapter 168, notice mailed by certified mail to
the address shown in the applicable filing or registration for
the vehicle is sufficient notice to a person known to have an
ownership, possessory, or security interest in the vehicle.
Otherwise, notice may be given in the manner provided by law for
service of a summons in a civil action.
new text end

new text begin (c) The notice must be in writing and contain:
new text end

new text begin (1) a description of the vehicle seized;
new text end

new text begin (2) the date of the seizure; and
new text end

new text begin (3) notice of the right to obtain judicial review of the
forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially,
the following language must appear conspicuously: "IF YOU DO
NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 84.7741, SUBDIVISION 8, YOU LOSE THE RIGHT TO
A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT
HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
WORTH LESS THAN $500."
new text end

new text begin (d) Within 30 days following service of a notice of seizure
and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be
filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of
the complaint on the prosecuting authority having jurisdiction
over the forfeiture and the standard filing fee for civil
actions unless the petitioner has the right to sue in forma
pauperis under section 563.01. If the value of the seized
property is $7,500 or less, the claimant may file an action in
conciliation court for recovery of the seized vehicle. A copy
of the conciliation court statement of claim must be served
personally or by mail on the prosecuting authority having
jurisdiction over the forfeiture within 30 days following
service of the notice of seizure and forfeiture under this
subdivision. If the value of the seized property is less than
$500, the claimant does not have to pay the conciliation court
filing fee. No responsive pleading is required of the
prosecuting authority and no court fees may be charged for the
prosecuting authority's appearance in the matter. Pleadings,
filings, and methods of service are governed by the Rules of
Civil Procedure.
new text end

new text begin (e) The complaint must be captioned in the name of the
claimant as plaintiff and the seized vehicle as defendant and
must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized, the claimant's
interest in the vehicle seized, and any affirmative defenses the
claimant may have. Notwithstanding any law to the contrary, an
action for the return of an off-highway vehicle seized under
this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture
unless the person has complied with this subdivision.
new text end

new text begin (f) If the claimant makes a timely demand for a judicial
determination under this subdivision, the forfeiture proceedings
must be conducted according to subdivision 9.
new text end

new text begin Subd. 9. new text end

new text begin Judicial forfeiture procedure. new text end

new text begin (a) This
subdivision governs judicial determinations of the forfeiture of
an off-highway vehicle used to commit a designated offense. An
action for forfeiture is a civil in rem action and is
independent of any criminal prosecution. All proceedings are
governed by the Rules of Civil Procedure.
new text end

new text begin (b) If no demand for judicial determination of the
forfeiture is pending, the prosecuting authority may, in the
name of the jurisdiction pursuing the forfeiture, file a
separate complaint against the vehicle, describing it,
specifying that it was used in the commission of a designated
offense, and specifying the time and place of its unlawful use.
new text end

new text begin (c) The prosecuting authority may file an answer to a
properly served demand for judicial determination, including an
affirmative counterclaim for forfeiture. The prosecuting
authority is not required to file an answer.
new text end

new text begin (d) A judicial determination under this subdivision must
not precede adjudication in the criminal prosecution of the
designated offense without the consent of the prosecuting
authority. The district court administrator shall schedule the
hearing as soon as practicable after adjudication in the
criminal prosecution. The district court administrator shall
establish procedures to ensure efficient compliance with this
subdivision. The hearing is to the court without a jury.
new text end

new text begin (e) There is a presumption that an off-highway vehicle
seized under this section is subject to forfeiture if the
prosecuting authority establishes that the vehicle was used in
the commission of a designated offense. A claimant bears the
burden of proving any affirmative defense raised.
new text end

new text begin (f) If the forfeiture is based on the commission of a
designated offense and the person charged with the designated
offense appears in court as required and is not convicted of the
offense, the court shall order the property returned to the
person legally entitled to it upon that person's compliance with
the redemption requirements of subdivision 12.
new text end

new text begin (g) If the lawful ownership of the vehicle used in the
commission of a designated offense can be determined and the
owner makes the demonstration required under subdivision 7,
paragraph (d), the vehicle must be returned immediately upon the
owner's compliance with the redemption requirements of
subdivision 12.
new text end

new text begin (h) If the court orders the return of a seized vehicle
under this subdivision, it must order that filing fees be
reimbursed to the person who filed the demand for judicial
determination. In addition, the court may order sanctions under
section 549.211. Any reimbursement fees or sanctions must be
paid from other forfeiture proceeds of the law enforcement
agency and prosecuting authority involved and in the same
proportion as distributed under subdivision 10, paragraph (b).
new text end

new text begin Subd. 10. new text end

new text begin Disposition of forfeited vehicle. new text end

new text begin (a) If the
vehicle is administratively forfeited under subdivision 8, or if
the court finds under subdivision 9 that the vehicle is subject
to forfeiture under subdivisions 6 and 7, the appropriate agency
shall:
new text end

new text begin (1) sell the vehicle and distribute the proceeds under
paragraph (b); or
new text end

new text begin (2) keep the vehicle for official use. If the agency keeps
a forfeited off-highway vehicle for official use, the agency
shall make reasonable efforts to ensure that the off-highway
vehicle is available for use by the agency's officers who
participate in off-highway vehicle enforcement or education
programs.
new text end

new text begin (b) The proceeds from the sale of forfeited vehicles, after
payment of seizure, towing, storage, forfeiture, and sale
expenses and satisfaction of valid liens against the property,
must be distributed as follows:
new text end

new text begin (1) 70 percent of the proceeds must be forwarded to the
appropriate agency for deposit as a supplement to the state or
local agency's operating fund or similar fund for use in
purchasing equipment for off-highway vehicle enforcement,
training, and education; and
new text end

new text begin (2) 30 percent of the money or proceeds must be forwarded
to the prosecuting authority that handled the forfeiture for
deposit as a supplement to its operating fund or similar fund
for prosecutorial purposes.
new text end

new text begin Subd. 11. new text end

new text begin Sale of forfeited vehicle by secured
party. new text end

new text begin (a) A financial institution with a valid security
interest in or a valid lease covering a forfeited off-highway
vehicle may choose to dispose of the vehicle under this
subdivision, in lieu of the appropriate agency disposing of the
vehicle under subdivision 10. A financial institution wishing
to dispose of an off-highway vehicle under this subdivision
shall notify the appropriate agency of its intent, in writing,
within 30 days after receiving notice of the seizure and
forfeiture. The appropriate agency shall release the vehicle to
the financial institution or its agent after the financial
institution presents proof of its valid security agreement or of
its lease agreement and the financial institution agrees not to
sell the vehicle to a family or household member of the
violator, unless the violator is not convicted of the offense on
which the forfeiture is based. The financial institution shall
dispose of the vehicle in a commercially reasonable manner as
defined in section 336.9-610.
new text end

new text begin (b) After disposing of the forfeited vehicle, the financial
institution shall reimburse the appropriate agency for its
seizure, storage, and forfeiture costs. The financial
institution may then apply the proceeds of the sale to its
storage costs, to its sale expenses, and to satisfy the lien or
the lease on the vehicle. If any proceeds remain, the financial
institution shall forward the proceeds to the state treasury,
which shall credit the appropriate fund as specified in
subdivision 10.
new text end

new text begin Subd. 12. new text end

new text begin Redemption requirements. new text end

new text begin (a) If an off-highway
vehicle is seized by a peace officer for a designated offense,
the seized vehicle must be released only:
new text end

new text begin (1) to the registered owner, a person authorized by the
registered owner, a lienholder of record, or a person who has
purchased the vehicle from the registered owner, who provides
proof of ownership of the vehicle, proof of valid Minnesota
driving privileges, and proof of insurance required by law to
cover the vehicle;
new text end

new text begin (2) if the vehicle is subject to a rental or lease
agreement, to a renter or lessee with valid Minnesota driving
privileges who provides a copy of the rental or lease agreement
and proof of insurance required by law to cover the vehicle; or
new text end

new text begin (3) to an agent of a towing company authorized by a
registered owner if the owner provides proof of ownership of the
vehicle and proof of insurance required by law to cover the
vehicle.
new text end

new text begin (b) The proof of ownership and insurance or, if applicable,
the copy of the rental or lease agreement required under
paragraph (a) must be provided to the law enforcement agency
seizing the vehicle or to a person or entity designated by the
law enforcement agency to receive the information.
new text end

new text begin (c) No law enforcement agency, local unit of government, or
state agency is responsible or financially liable for any
storage fees incurred due to a seizure under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

new text begin [84.7742] RECORD OF VIOLATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Court administrator duties. new text end

new text begin (a) Every
court administrator shall keep a full record of every case in
which a person is charged with an off-highway vehicle gross
misdemeanor under section 84.774, paragraph (b).
new text end

new text begin (b) Within ten days after the conviction or forfeiture of
bail of a person upon a charge of a gross misdemeanor
off-highway violation, the court administrator of the court in
which the conviction was had or bail was forfeited shall
immediately forward to the Department of Public Safety an
abstract of the record of the court covering the case in which
the person was convicted or forfeited bail. The abstract must
be certified by the person required to prepare it to be true and
correct.
new text end

new text begin (c) The abstract must be made upon a form furnished by the
Department of Public Safety and shall include the name and
address of the party charged, the driver's license number of the
person involved, the nature of the offense, the date of hearing,
the plea, the judgment or whether bail was forfeited, and the
amount of the fine or forfeiture, as the case may be.
new text end

new text begin (d) Every court shall also forward a report to the
Department of Public Safety reporting the conviction of any
person of manslaughter or other felony in the commission of
which an off-highway vehicle was used.
new text end

new text begin Subd. 2. new text end

new text begin Inclusion on driving record. new text end

new text begin The commissioner
of public safety shall file all records received under this
section for licensed drivers on the driving record of the
licensed driver according to section 171.12.
new text end

Sec. 7.

Minnesota Statutes 2004, section 84.775,
subdivision 1, is amended to read:

Subdivision 1.

Civil citation; authority to issue.

(a) A
conservation officer or other licensed peace officer may issue a
civil citation to a person who operates:

(1) an off-highway motorcycle in violation of sections
84.773; 84.777; 84.788 to 84.795; or 84.90;

(2) an off-road vehicle in violation of sections 84.773;
84.777; 84.798 to 84.804; or 84.90; or

(3) an all-terrain vehicle in violation of sections 84.773;
84.777; 84.90; or 84.922 to 84.928.

(b) A civil citation shall require restitution for public
and private property damage and impose a penalty of:

(1) deleted text begin $100 deleted text end new text begin $250 new text end for the first offense;

(2) deleted text begin $200 deleted text end new text begin $500 new text end for the second offense; and

(3) deleted text begin $500 deleted text end new text begin $1,000 new text end for third and subsequent offenses.

(c) If the peace officer determines that there is damage to
property requiring restitution, the commissioner must send a
written explanation of the extent of the damage and the cost of
the repair by first class mail to the address provided by the
person receiving the citation within 15 days of the date of the
citation.

Sec. 8.

Minnesota Statutes 2004, section 84.780, is
amended to read:

84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.

(a) The off-highway vehicle damage account is created in
the natural resources fund. Money in the off-highway vehicle
damage account is appropriated to the commissioner of natural
resources for new text begin :
new text end

new text begin (1) new text end the repair or restoration of property damaged by the
operation of off-highway vehicles in an unpermitted area deleted text begin after
August 1, 2003, deleted text end new text begin ;
new text end

new text begin (2) the repair or restoration of driveways that have been
damaged from the legal operation of off-highway vehicles within
a public road right-of-way; new text end and

deleted text begin for deleted text end new text begin (3) new text end the costs of administration for this section.

new text begin (b) new text end Before the commissioner may make a payment from this
account, the commissioner must determine whether the damage to
the new text begin applicant's new text end property was caused by the unpermitted use of
off-highway vehicles deleted text begin , that the applicant has made reasonable
efforts to identify the responsible individual and obtain
payment from the individual, and that the applicant has made
reasonable efforts to prevent reoccurrence. By June 30, 2005,
the commissioner of finance must transfer the remaining balance
in the account to the off-highway motorcycle account under
section 84.794, the off-road vehicle account under section
84.803, and the all-terrain vehicle account under section
84.927. The amount transferred to each account must be
proportionate to the amounts received in the damage account from
the relevant off-highway vehicle accounts deleted text end new text begin or by the legal
operation of off-highway vehicles within a public road
right-of-way new text end .

deleted text begin (b) deleted text end new text begin (c) new text end Determinations of the commissioner under this
section may be made by written order and are exempt from the
rulemaking provisions of chapter 14. Section 14.386 does not
apply.

deleted text begin (c) This section expires July 1, 2005.
deleted text end

Sec. 9.

Minnesota Statutes 2004, section 84.797,
subdivision 6, is amended to read:

Subd. 6.

Off-road.

"Off-road" means on deleted text begin trails or
deleted text end nonpublic roads or for cross-country travel on natural terrain.
For purposes of sections 84.797 to deleted text begin 84.805 deleted text end new text begin 84.804 new text end , nonpublic
roads include state forest roads, county forest roads, and other
roads deleted text begin and trails deleted text end that are not operated by a public road
authority as defined in section 160.02, subdivision 25.

Sec. 10.

Minnesota Statutes 2004, section 84.797,
subdivision 12, is amended to read:

Subd. 12.

Off-road vehicle staging area.

"Off-road
vehicle staging area" means a parking lot, deleted text begin trail head,
deleted text end campground, or other location to or from which an off-road
vehicle is transported by truck, trailer, or other motor vehicle
so that it may be placed into operation or removed from
operation on public lands. Off-road vehicle staging area does
not include a location to which an off-road vehicle is
transported primarily for servicing, maintenance, repair,
storage, or sale.

Sec. 11.

Minnesota Statutes 2004, section 84.798,
subdivision 1, is amended to read:

Subdivision 1.

General requirements.

Unless exempted
under subdivision 2, after January 1, 1995, a person may not
operate and an owner may not give permission for another to
operate deleted text begin a vehicle off-road, nor may a person have deleted text end an off-road
vehicle deleted text begin not registered under chapter 168 in possession at an
off-road vehicle staging area, or deleted text end new text begin in new text end designated deleted text begin trail or area
deleted text end new text begin areas on lands administered by the commissioner or on off-road
vehicle grant-in-aid areas funded under section 84.803 new text end , unless
the vehicle has been registered under this section.

Sec. 12.

Minnesota Statutes 2004, section 84.802, is
amended to read:

84.802 YOUTHFUL OPERATORS; PROHIBITIONS.

(a) A person under 16 years of age may not operate an
off-road vehicle.

(b) deleted text begin Except for operation on public road rights-of-way that
is permitted under section 84.804, deleted text end A driver's license issued by
the state or another state is required to operate an off-road
vehicle deleted text begin along or deleted text end on a public road right-of-way.

(c) An owner of an off-road vehicle may not knowingly allow
it to be operated in violation of this section.

Sec. 13.

Minnesota Statutes 2004, section 84.803, is
amended to read:

84.803 OFF-ROAD VEHICLE ACCOUNT; RECEIPTS AND
ALLOCATIONS.

Subdivision 1.

Registration revenue.

Fees from the
registration of off-road vehicles deleted text begin and unrefunded gasoline tax
attributable to off-road vehicle use under section 296A.18 deleted text end must
be deposited in the state treasury and credited to the off-road
vehicle account in the natural resources fund.

Subd. 2.

Purposes.

Subject to appropriation by the
legislature, money in the off-road vehicle account may only be
spent for:

(1) administration, enforcement, and implementation of
sections 84.773 to deleted text begin 84.805 deleted text end new text begin 84.804 new text end ;

(2) acquisition, maintenance, and development of off-road
vehicle deleted text begin trails and deleted text end use areas;

(3) grant-in-aid programs to counties and municipalities to
construct and maintain off-road vehicle deleted text begin trails and deleted text end use areas;

(4) grants-in-aid to local safety programs; and

(5) enforcement and public education grants to local law
enforcement agencies.

Sec. 14.

Minnesota Statutes 2004, section 84.804,
subdivision 1, is amended to read:

Subdivision 1.

Operation on public road rights-of-way.

deleted text begin (a) deleted text end A person may not operate deleted text begin a deleted text end new text begin an off-road new text end vehicle off-road
within a public road right-of-way in this state deleted text begin except on a
trail designated by the commissioner and approved by the unit of
government having jurisdiction over the right-of-way deleted text end .

deleted text begin (b) A person may not operate a vehicle off-road within a
public road right-of-way between the hours of one-half hour
after sunset to one-half hour before sunrise, except on the
right-hand side of the right-of-way and in the same direction as
traffic on the nearest lane of the road.
deleted text end

deleted text begin (c) A person may not operate an off-road vehicle within the
right-of-way of an interstate highway.
deleted text end

Sec. 15.

Minnesota Statutes 2004, section 84.804,
subdivision 2, is amended to read:

Subd. 2.

Crossing public road rights-of-way.

(a) deleted text begin An
off-road vehicle not registered under chapter 168 may make a
direct crossing of a public road right-of-way for the purpose of
continuing on a designated off-road trail if:
deleted text end

deleted text begin (1) the crossing is made at an angle of approximately 90
degrees to the direction of the road and at a place where no
obstruction prevents a quick and safe crossing;
deleted text end

deleted text begin (2) the vehicle is brought to a complete stop before
crossing the shoulder or main traveled way of the road;
deleted text end

deleted text begin (3) the driver yields the right-of-way to all traffic;
deleted text end

deleted text begin (4) in crossing a divided road, the crossing is made only
at an intersection of the road with another public road; and
deleted text end

deleted text begin (5) if the crossing is made between the hours of one-half
hour after sunset to one-half hour before sunrise or in
conditions of reduced visibility, only if both front and rear
lights are on.
deleted text end

deleted text begin (b) deleted text end An off-road vehicle not registered under chapter 168
may be operated on a bridge, other than a bridge that is part of
the main traveled lanes of an interstate highway, or a roadway
shoulder or inside bank of a public road right-of-way when
required to avoid obstructions to travel and no other method of
avoidance is possible, provided that the vehicle is operated in
the farthest right-hand lane, the entrance to the roadway is
made within 100 feet of the bridge or obstacle, and the crossing
is made without undue delay.

deleted text begin (c) deleted text end new text begin (b) new text end A person may not operate an off-road vehicle on a
public street or highway unless the off-road vehicle is equipped
with at least one headlight and one taillight, each of minimum
candlepower as prescribed by rules of the commissioner, and with
brakes conforming to standards prescribed by rule of the
commissioner, and all of which are subject to the approval of
the commissioner of public safety.

deleted text begin (d) deleted text end new text begin (c) new text end Chapter 169 applies to the operation of off-road
vehicles on streets and highways, except that those provisions
that by their nature have no application and those provisions
relating to required equipment do not apply to vehicles not
registered under chapter 168. Chapter 169A applies to the
operation of off-road vehicles anywhere in the state and on the
ice of boundary waters.

deleted text begin (e) A road authority, as defined in section 160.02,
subdivision 25, may, with the approval of the commissioner,
designate access trails on public road rights-of-way for gaining
access to established off-road vehicle trails.
deleted text end

Sec. 16.

Minnesota Statutes 2004, section 84.804,
subdivision 3, is amended to read:

Subd. 3.

Operation generally.

A person may not drive or
operate deleted text begin a deleted text end new text begin an off-road new text end vehicle off-road:

(1) at a rate of speed greater than is reasonable under the
surrounding circumstances;

(2) in a careless, reckless, or negligent manner which may
endanger or cause injury or damage to the person or property of
another;

(3) without a functioning stoplight if so equipped;

(4) in a tree nursery or planting in a manner that damages
or destroys growing stock;

(5) without a brake operational by either hand or foot; deleted text begin or
deleted text end

(6) new text begin on forest lands under the authority of the
commissioner, as defined in section 89.001, subdivision 13,
other than inventoried forest roads; or
new text end

new text begin (7) new text end in a manner that violates rules adopted by the
commissioner.

Sec. 17.

Minnesota Statutes 2004, section 84.922,
subdivision 2, is amended to read:

Subd. 2.

Application, issuance, reports.

(a) Application
for registration or continued registration shall be made to the
commissioner of natural resources, the commissioner of public
safety or an authorized deputy registrar of motor vehicles in a
form prescribed by the commissioner. The form must state the
name and address of every owner of the vehicle.

(b) A person who purchases an all-terrain vehicle from a
retail dealer shall make application for registration to the
dealer at the point of sale. The dealer shall issue a temporary
ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer shall submit the completed
registration application and fees to the deputy registrar at
least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, a 60-day temporary receipt
and shall assign a registration number that must be affixed to
the vehicle in a manner prescribed by the commissioner. A
dealer subject to paragraph (b) shall provide the registration
materials and temporary receipt to the purchaser within the
ten-day temporary permit period. The commissioner shall use the
snowmobile registration system to register vehicles under this
section.

(d) Each deputy registrar of motor vehicles acting under
section 168.33, is also a deputy registrar of all-terrain
vehicles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements.

(e) In addition to other fees prescribed by law, a filing
fee of $4.50 is charged for each all-terrain vehicle
registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged
for each all-terrain vehicle registration and registration
transfer issued by:

(1) a deputy registrar and shall be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or

(2) the commissioner and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the
natural resources fund.

new text begin (f) The registration numbers and decal must be displayed on
plates that are not less than six inches high and 12 inches
wide, clearly visible on the front and back of the vehicle, and
at least 12 inches from the ground. The plates, registration
numbers, and registration decal must be maintained in a clear
and legible condition. Letters and numbers on the plates shall
be at least three inches high and not less than one-half inch
wide.
new text end

Sec. 18.

Minnesota Statutes 2004, section 84.928,
subdivision 2, is amended to read:

Subd. 2.

Operation generally.

A person may not drive or
operate an all-terrain vehicle:

(1) at a rate of speed greater than reasonable or proper
under the surrounding circumstances;

(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property
of another;

(3) without headlight and taillight lighted at all times if
the vehicle is equipped with headlight and taillight;

(4) without a functioning stoplight if so equipped;

(5) in a tree nursery or planting in a manner that damages
or destroys growing stock;

(6) without a brake operational by either hand or foot;

(7) with more persons on the vehicle than it was designed
for, except as allowed under section 84.9257;

(8) new text begin on public lands or public waters with an air-intake
pipe that is more than six inches above the manufacturer's
original air-intake pipe;
new text end

new text begin (9) after December 31, 2006, on public lands with tires
that have a tread depth of greater than one inch;
new text end

new text begin (10) new text end at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an
all-terrain vehicle or within 100 feet of a fishing shelter; or

deleted text begin (9) deleted text end new text begin (11) new text end in a manner that violates operation rules adopted
by the commissioner.

Sec. 19.

Minnesota Statutes 2004, section 97A.315,
subdivision 2, is amended to read:

Subd. 2.

License revocations.

(a) If a person is
convicted of trespassing under subdivision 1 while exercising or
attempting to exercise an activity licensed under the game and
fish laws deleted text begin or deleted text end new text begin , requiring off-highway motorcycle registration
under section 84.788, requiring off-road vehicle registration
under section 84.798, new text end requiring snowmobile registration under
section 84.82, new text begin or requiring all-terrain vehicle registration
under section 84.922, new text end the applicable license and registration
are null and void.

(b) A person convicted of a gross misdemeanor under
subdivision 1, paragraph (b), may not be issued a license to
take game for two years after the conviction.

Sec. 20. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B and insert the reference in column C.
new text end

new text begin Column A new text end new text begin Column B new text end new text begin Column C
84.777 new text end new text begin 84.805 new text end new text begin 84.804
84.777 new text end new text begin 84.929 new text end new text begin 84.928
84.787, subd. 1 new text end new text begin 84.796 new text end new text begin 84.795
84.788, subd. 9 new text end new text begin 84.796 new text end new text begin 84.795
84.791, subd. 4 new text end new text begin 84.796 new text end new text begin 84.795
84.794, subd. 2 new text end new text begin 84.796 new text end new text begin 84.795
84.795, subd. 8 new text end new text begin 84.796 new text end new text begin 84.795
84.797, subd. 1 new text end new text begin 84.805 new text end new text begin 84.804
84.798, subd. 8 new text end new text begin 84.805 new text end new text begin 84.804
84.804, subd. 6 new text end new text begin 84.805 new text end new text begin 84.804
84.92, subd. 1 new text end new text begin 84.929 new text end new text begin 84.928
84.922, subd. 9 new text end new text begin 84.929 new text end new text begin 84.928
84.925, subd. 3 new text end new text begin 84.929 new text end new text begin 84.928
84.9256, subd. 4 new text end new text begin 84.929 new text end new text begin 84.928
84.927, subd. 2 new text end new text begin 84.929 new text end new text begin 84.928
84.928, subd. 1 new text end new text begin 84.929 new text end new text begin 84.928
84.928, subd. 6 new text end new text begin 84.929 new text end new text begin 84.928
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 84.796; 84.805; 84.929;
and 296A.18, subdivision 6, are repealed.
new text end