HF 1077

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; creating an off-highway 
  1.3             vehicle safety and conservation grant program; 
  1.4             modifying provisions for certain off-highway vehicles; 
  1.5             modifying disposition of money in certain accounts; 
  1.6             providing for designation of motorized trails in state 
  1.7             forests; exempting certain motorized trail 
  1.8             designations from environmental review; providing for 
  1.9             local law enforcement grants; appropriating money; 
  1.10            amending Minnesota Statutes 2002, sections 84.788, 
  1.11            subdivisions 2, 3; 84.794, subdivision 2; 84.803, 
  1.12            subdivision 2; 84.92, subdivision 8; 84.927, 
  1.13            subdivision 2; proposing coding for new law in 
  1.14            Minnesota Statutes, chapter 84. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
  1.17  CONSERVATION GRANT PROGRAM.] 
  1.18     Subdivision 1.  [CREATION; DEFINITION.] (a) For the 
  1.19  purposes of this section, "off-highway vehicle" means: 
  1.20     (1) an off-highway motorcycle as defined under section 
  1.21  84.787, subdivision 7; 
  1.22     (2) an off-road vehicle as defined under section 84.797, 
  1.23  subdivision 7; or 
  1.24     (3) an all-terrain vehicle as defined under section 84.92, 
  1.25  subdivision 8. 
  1.26     (b) The commissioner of natural resources shall establish 
  1.27  an off-highway vehicle safety and conservation grant program to 
  1.28  award grants to organizations that meet the eligibility 
  1.29  requirements under subdivision 3. 
  1.30     Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
  2.1   safety and conservation grant program is to encourage 
  2.2   off-highway vehicle clubs to assist in safety and environmental 
  2.3   education and in improving, maintaining, and monitoring trails 
  2.4   on state forest land and other public lands. 
  2.5      Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
  2.6   this section, an organization must: 
  2.7      (1) be a statewide organization that has been in existence 
  2.8   at least five years and that promotes the operation of 
  2.9   off-highway vehicles in a manner that is safe, responsible, and 
  2.10  does not harm the environment; 
  2.11     (2) promote the operation of off-highway vehicles in a 
  2.12  manner that does not conflict with the laws and rules that 
  2.13  relate to the operation of off-highway vehicles; 
  2.14     (3) have an interest limited to the operation of motorized 
  2.15  vehicles on motorized trails and other designated areas; 
  2.16     (4) have a board of directors that has 80 percent of its 
  2.17  members who are representatives of all-terrain vehicle clubs, 
  2.18  off-highway motorcycle clubs, or off-road vehicle clubs; and 
  2.19     (5) provide support to off-highway vehicle clubs. 
  2.20     Subd. 4.  [USE OF GRANTS.] An organization receiving a 
  2.21  grant under this section shall use the grant money to promote 
  2.22  and provide support to the department of natural resources by: 
  2.23     (1) encouraging off-highway vehicle clubs to assist in 
  2.24  improving, maintaining, and monitoring trails on state forest 
  2.25  land and other public lands; 
  2.26     (2) providing assistance to the department in locating, 
  2.27  recruiting, and training instructors; 
  2.28     (3) assisting the commissioner and the director of tourism 
  2.29  in creating an outreach program to inform local communities of 
  2.30  appropriate off-highway vehicle use in their communities and of 
  2.31  the economic benefits that may be gained from promoting tourism 
  2.32  to attract off-highway vehicles; 
  2.33     (4) publishing a manual in cooperation with the 
  2.34  commissioner that will be used to train volunteers in monitoring 
  2.35  the operation of off-highway vehicles for safety, environmental, 
  2.36  and other issues that relate to the responsible operation of 
  3.1   off-highway vehicles; and 
  3.2      (5) collecting data on the operation of off-highway 
  3.3   vehicles in the state. 
  3.4      Sec. 2.  Minnesota Statutes 2002, section 84.788, 
  3.5   subdivision 2, is amended to read: 
  3.6      Subd. 2.  [EXEMPTIONS.] Registration is not required for 
  3.7   off-highway motorcycles:  
  3.8      (1) owned and used by the United States, the state, another 
  3.9   state, or a political subdivision; 
  3.10     (2) registered in another state or country that have not 
  3.11  been within this state for more than 30 consecutive days; or 
  3.12     (3) used exclusively in organized track racing events; 
  3.13     (4) being used on private land with the permission of the 
  3.14  landowner; or 
  3.15     (5) registered under chapter 168, when operated on forest 
  3.16  roads to gain access to a state forest campground. 
  3.17     Sec. 3.  Minnesota Statutes 2002, section 84.788, 
  3.18  subdivision 3, is amended to read: 
  3.19     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  3.20  for registration or continued registration must be made to the 
  3.21  commissioner or an authorized deputy registrar of motor vehicles 
  3.22  in a form prescribed by the commissioner.  The form must state 
  3.23  the name and address of every owner of the off-highway 
  3.24  motorcycle. 
  3.25     (b) A person who purchases from a retail dealer an 
  3.26  off-highway motorcycle that is intended to be operated on public 
  3.27  lands or waters shall make application for registration to the 
  3.28  dealer at the point of sale.  The dealer shall issue a temporary 
  3.29  ten-day registration permit to each purchaser who applies to the 
  3.30  dealer for registration.  The dealer shall submit the completed 
  3.31  registration applications and fees to the deputy registrar at 
  3.32  least once each week.  No fee may be charged by a dealer to a 
  3.33  purchaser for providing the temporary permit. 
  3.34     (c) Upon receipt of the application and the appropriate 
  3.35  fee, the commissioner or deputy registrar shall issue to the 
  3.36  applicant, or provide to the dealer, a 60-day temporary receipt 
  4.1   and shall assign a registration number that must be affixed to 
  4.2   the motorcycle in a manner prescribed by the commissioner.  A 
  4.3   dealer subject to paragraph (b) shall provide the registration 
  4.4   materials and temporary receipt to the purchaser within the 
  4.5   ten-day temporary permit period. 
  4.6      (d) The commissioner shall develop a registration system to 
  4.7   register vehicles under this section.  A deputy registrar of 
  4.8   motor vehicles acting under section 168.33, is also a deputy 
  4.9   registrar of off-highway motorcycles.  The commissioner of 
  4.10  natural resources in agreement with the commissioner of public 
  4.11  safety may prescribe the accounting and procedural requirements 
  4.12  necessary to ensure efficient handling of registrations and 
  4.13  registration fees.  Deputy registrars shall strictly comply with 
  4.14  the accounting and procedural requirements.  A fee of $2 in 
  4.15  addition to other fees prescribed by law is charged for each 
  4.16  off-highway motorcycle registered by: 
  4.17     (1) a deputy registrar and must be deposited in the 
  4.18  treasury of the jurisdiction where the deputy is appointed, or 
  4.19  kept if the deputy is not a public official; or 
  4.20     (2) the commissioner and must be deposited in the state 
  4.21  treasury and credited to the off-highway motorcycle account. 
  4.22     Sec. 4.  Minnesota Statutes 2002, section 84.794, 
  4.23  subdivision 2, is amended to read: 
  4.24     Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
  4.25  legislature, money in the off-highway motorcycle account may 
  4.26  only be spent for: 
  4.27     (1) administration, enforcement, and implementation of 
  4.28  sections 84.787 to 84.796; 
  4.29     (2) acquisition, maintenance, and development of 
  4.30  off-highway motorcycle trails and use areas; and 
  4.31     (3) grants-in-aid to counties and municipalities to 
  4.32  construct and maintain off-highway motorcycle trails and use 
  4.33  areas; and 
  4.34     (4) enforcement and public education grants to local law 
  4.35  enforcement agencies. 
  4.36     (b) The distribution of funds made available for 
  5.1   grants-in-aid must be guided by the statewide comprehensive 
  5.2   outdoor recreation plan. 
  5.3      Sec. 5.  Minnesota Statutes 2002, section 84.803, 
  5.4   subdivision 2, is amended to read: 
  5.5      Subd. 2.  [PURPOSES.] Subject to appropriation by the 
  5.6   legislature, money in the off-road vehicle account may only be 
  5.7   spent for: 
  5.8      (1) administration, enforcement, and implementation of 
  5.9   sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, 
  5.10  section 18; 
  5.11     (2) acquisition, maintenance, and development of off-road 
  5.12  vehicle trails and use areas; 
  5.13     (3) grant-in-aid programs to counties and municipalities to 
  5.14  construct and maintain off-road vehicle trails and use areas; 
  5.15  and 
  5.16     (4) grants-in-aid to local safety programs; and 
  5.17     (5) enforcement and public education grants to local law 
  5.18  enforcement agencies. 
  5.19     Sec. 6.  [84.913] [CLOSURE OF MOTORIZED FOREST ROADS AND 
  5.20  TRAILS.] 
  5.21     (a) For the purpose of this section, "off-highway vehicle" 
  5.22  has the meaning given in section 84.785. 
  5.23     (b) All forest roads and trails open to use by off-highway 
  5.24  vehicles on the effective date of this section must remain open 
  5.25  to use by off-highway vehicles, unless after a detailed field 
  5.26  analysis the commissioner determines the trail is inappropriate 
  5.27  for off-highway vehicle use.  The commissioner of natural 
  5.28  resources may close a forest road or trail to off-highway 
  5.29  vehicle use only after completing the five-step public review 
  5.30  process as provided in the department of natural resources 
  5.31  publication titled:  "Off-Highway Vehicle System Planning, 
  5.32  Project Implementation and Review:  (Revised 01/07/03)." 
  5.33     Sec. 7.  Minnesota Statutes 2002, section 84.92, 
  5.34  subdivision 8, is amended to read: 
  5.35     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
  5.36  "vehicle" means a motorized flotation-tired vehicle of not less 
  6.1   than three low pressure tires, but not more than six tires, that 
  6.2   is limited in engine displacement of less than 800 cubic 
  6.3   centimeters and total dry weight less than 800 900 pounds.  
  6.4      Sec. 8.  Minnesota Statutes 2002, section 84.927, 
  6.5   subdivision 2, is amended to read: 
  6.6      Subd. 2.  [PURPOSES.] Subject to appropriation by the 
  6.7   legislature, money in the all-terrain vehicle account may only 
  6.8   be spent for:  
  6.9      (1) the education and training program under section 
  6.10  84.925; 
  6.11     (2) administration, enforcement, and implementation of 
  6.12  sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 
  6.13  and 10; 
  6.14     (3) acquisition, maintenance, and development of vehicle 
  6.15  trails and use areas; 
  6.16     (4) grant-in-aid programs to counties and municipalities to 
  6.17  construct and maintain all-terrain vehicle trails and use areas; 
  6.18  and 
  6.19     (5) grants-in-aid to local safety programs; and 
  6.20     (6) enforcement and public education grants to local law 
  6.21  enforcement agencies. 
  6.22     The distribution of funds made available through 
  6.23  grant-in-aid programs must be guided by the statewide 
  6.24  comprehensive outdoor recreation plan. 
  6.25     Sec. 9.  [STATE FOREST MOTORIZED TRAIL SYSTEM PLANNING 
  6.26  PROCESS; IMPLEMENTATION.] 
  6.27     By March 1, 2006, the commissioner of natural resources 
  6.28  shall complete implementation of the existing system planning 
  6.29  process for motorized trails in state forests.  Notwithstanding 
  6.30  any law to the contrary, any trail or forest road in a state 
  6.31  forest for which motorized use was allowed from January 1, 2003, 
  6.32  to January 1, 2006, and not closed through implementation of the 
  6.33  system planning process is designated for motorized use on 
  6.34  January 1, 2006.  The commissioner shall sign all trails and 
  6.35  forest roads designated under this section for motorized use in 
  6.36  state forests.  Until January 1, 2006, environmental review 
  7.1   under Minnesota Statutes, section 116D.04, and rules adopted by 
  7.2   the environmental quality board do not apply to the designation 
  7.3   of: 
  7.4      (1) a motorized trail on state forest land that is lawfully 
  7.5   used by motorized recreational vehicles at the time of 
  7.6   designation; 
  7.7      (2) any motorized trail segment on state forest land that 
  7.8   is a rerouting of a motorized trail when necessary for safety 
  7.9   considerations or to avoid sensitive areas; 
  7.10     (3) existing public or forest roads on state forest land 
  7.11  for motorized recreational vehicle use; or 
  7.12     (4) any new trail on state forest land designated by the 
  7.13  commissioner. 
  7.14     Sec. 10.  [APPROPRIATIONS.] 
  7.15     Subdivision 1.  [ENFORCEMENT AND PUBLIC 
  7.16  EDUCATION.] $200,000 in fiscal year 2004 and $200,000 in fiscal 
  7.17  year 2005 are appropriated to the commissioner of natural 
  7.18  resources from the natural resources fund for grants to county 
  7.19  law enforcement agencies for off-highway vehicle enforcement and 
  7.20  public education activities based on off-highway vehicle use and 
  7.21  trail mileage in the county.  Of this amount, $115,000 each year 
  7.22  is from the all-terrain vehicle account, $76,000 each year is 
  7.23  from the off-road vehicle account, and $9,000 each year is from 
  7.24  the off-highway motorcycle account.  The county enforcement 
  7.25  agencies may use money received under this subdivision to make 
  7.26  grants to other local enforcement agencies within the county 
  7.27  that have a high concentration of off-highway vehicle use. 
  7.28     Subd. 2.  [TRAIL DEVELOPMENT.] $150,000 in fiscal year 2004 
  7.29  and $150,000 in fiscal year 2005 are appropriated to the 
  7.30  commissioner of natural resources from the natural resources 
  7.31  fund for trail development.  Of this amount, $86,000 each year 
  7.32  is from the all-terrain vehicle account, $57,000 each year is 
  7.33  from the off-road vehicle account, and $7,000 each year is from 
  7.34  the off-highway motorcycle account. 
  7.35     Subd. 3.  [OFF-HIGHWAY VEHICLE FACILITIES.] $1,000,000 in 
  7.36  fiscal year 2004 is appropriated from the natural resources fund 
  8.1   to the commissioner of natural resources for the Iron Range 
  8.2   off-highway vehicle recreation area.  Of this amount, $600,000 
  8.3   is from the all-terrain vehicle account, $350,000 is from the 
  8.4   off-road vehicle account, and $50,000 is from the off-highway 
  8.5   motorcycle account.  This appropriation is available until 
  8.6   expended. 
  8.7      Subd. 4.  [OFF-HIGHWAY VEHICLE GRANTS.] $....... the first 
  8.8   year and $....... the second year are appropriated to the 
  8.9   commissioner of natural resources from the natural resources 
  8.10  fund for grants to off-highway vehicle organizations according 
  8.11  to section 1.