HF 1108

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; requiring insurance and 
  1.3             drivers license endorsements to operate recreational 
  1.4             motor vehicles; modifying registration requirements 
  1.5             for recreational motor vehicles; modifying education 
  1.6             and training requirements for recreational motor 
  1.7             vehicles; restricting the use of recreational motor 
  1.8             vehicles on state land; requiring environmental 
  1.9             review; modifying grants-in-aid program; requiring 
  1.10            studies; modifying the disposition of certain fees; 
  1.11            providing for enforcement; appropriating money; 
  1.12            amending Minnesota Statutes 2002, sections 62I.02, 
  1.13            subdivision 1, by adding a subdivision; 84.027, by 
  1.14            adding a subdivision; 84.794, subdivision 2; 84.803, 
  1.15            subdivision 2; 84.83, subdivision 3; 84.8712, 
  1.16            subdivision 1; 84.915; 84.927, subdivision 2; 84.928, 
  1.17            subdivision 1; 171.10, subdivision 2; 171.12, 
  1.18            subdivision 2; proposing coding for new law in 
  1.19            Minnesota Statutes, chapter 84; repealing Minnesota 
  1.20            Statutes 2002, sections 84.788; 84.791; 84.793, 
  1.21            subdivision 1; 84.798; 84.802; 84.82; 84.84; 84.85; 
  1.22            84.862; 84.872, subdivisions 1, 2; 84.90; 84.922; 
  1.23            84.925; 84.9256, subdivision 1; 84.926; 171.07, 
  1.24            subdivision 12. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 2002, section 62I.02, 
  1.27  subdivision 1, is amended to read: 
  1.28     Subdivision 1.  [CREATION.] The Minnesota joint 
  1.29  underwriting association is created to provide insurance 
  1.30  coverage to any person or entity unable to obtain insurance 
  1.31  through ordinary methods if the insurance is required by 
  1.32  statute, ordinance, or otherwise required by law, or is 
  1.33  necessary to earn a livelihood or conduct a business and serves 
  1.34  a public purpose, including, but not limited to, liquor 
  1.35  liability.  Prudent business practice or mere desire to have 
  2.1   insurance coverage is not a sufficient standard for the 
  2.2   association to offer insurance coverage to a person or entity.  
  2.3   For purposes of this subdivision, directors' and officers' 
  2.4   liability insurance is considered to be a business necessity and 
  2.5   not merely a prudent business practice.  The association shall 
  2.6   be specifically authorized to provide insurance coverage to day 
  2.7   care providers, foster parents, foster homes, developmental 
  2.8   achievement centers, group homes, and rehabilitation facilities 
  2.9   for mentally, emotionally, or physically handicapped persons, 
  2.10  and citizen participation groups established pursuant to the 
  2.11  Housing and Community Redevelopment Act of 1974, Public Law 
  2.12  Number 93-383.  The association is specifically authorized to 
  2.13  provide insurance coverage for recreational motor vehicle 
  2.14  liability.  Because the activities of certain persons or 
  2.15  entities present a risk that is so great, the association shall 
  2.16  not offer insurance coverage to any person or entity the board 
  2.17  of directors of the association determines is outside the 
  2.18  intended scope and purpose of the association because of the 
  2.19  gravity of the risk of offering insurance coverage.  The 
  2.20  association shall not offer environmental impairment liability 
  2.21  or product liability insurance.  The association shall not offer 
  2.22  coverage for activities that are conducted substantially outside 
  2.23  the state of Minnesota unless the insurance is required by 
  2.24  statute, ordinance, or otherwise required by law.  Every insurer 
  2.25  authorized to write property and casualty insurance and personal 
  2.26  injury liability insurance in this state shall be a member of 
  2.27  the association as a condition to obtaining and retaining a 
  2.28  license to write insurance in this state. 
  2.29     Sec. 2.  Minnesota Statutes 2002, section 62I.02, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 4a.  [RECREATIONAL MOTOR VEHICLE LIABILITY.] Policies 
  2.32  and contracts of coverage issued under this section for the 
  2.33  purposes of providing recreational motor vehicle liability 
  2.34  insurance must contain the usual and customary provisions of 
  2.35  liability insurance policies and must contain at least the 
  2.36  minimum coverage required by section 84.69, subdivision 2.  
  3.1      Sec. 3.  Minnesota Statutes 2002, section 84.027, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 16.  [MOTORIZED RECREATION ENFORCEMENT HOTLINE.] The 
  3.4   commissioner shall maintain and publicize a toll-free telephone 
  3.5   number that is available 24 hours per day, seven days a week, 
  3.6   for reporting complaints about or violations by operators of 
  3.7   off-highway motorcycles, off-road vehicles, snowmobiles, 
  3.8   all-terrain vehicles, and motorized watercraft.  The 
  3.9   commissioner may accept money donations and may pay the money, 
  3.10  when available, as a reward to a person reporting a violation 
  3.11  that results in an arrest. 
  3.12     Sec. 4.  [84.67] [RECREATIONAL MOTOR VEHICLE REGISTRATION.] 
  3.13     Subdivision 1.  [DEFINITION.] For purposes of sections 
  3.14  84.67 to 84.785, "recreational motor vehicle" or "vehicle" means:
  3.15     (1) an off-highway motorcycle, as defined under section 
  3.16  84.787; 
  3.17     (2) an off-road vehicle, as defined under section 84.797; 
  3.18     (3) a snowmobile, as defined under section 84.81; 
  3.19     (4) an all-terrain vehicle, as defined under section 84.92; 
  3.20     (5) a personal watercraft, as defined under section 
  3.21  86B.005; or 
  3.22     (6) any other self-propelled motorized vehicle used for 
  3.23  off-road recreational purposes. 
  3.24     Subd. 2.  [GENERAL REQUIREMENTS.] Unless exempted under 
  3.25  subdivision 2, a person may not operate and an owner may not 
  3.26  give permission for another to operate a recreational motor 
  3.27  vehicle unless the vehicle is registered under this section. 
  3.28     Subd. 3.  [EXEMPTIONS.] Registration is not required for a 
  3.29  recreational motor vehicle that is: 
  3.30     (1) owned and used by the United States, the state, another 
  3.31  state, or a political subdivision; 
  3.32     (2) registered in another state or country and has not been 
  3.33  in this state for more than 30 consecutive days; or 
  3.34     (3) used exclusively in organized track racing events. 
  3.35     Subd. 4.  [APPLICATION; ISSUANCE.] (a) Application for 
  3.36  registration shall be made to the commissioner or an authorized 
  4.1   deputy registrar of motor vehicles on a form prescribed by the 
  4.2   commissioner.  The form must state the name and address of every 
  4.3   owner of the recreational motor vehicle and must be signed by at 
  4.4   least one owner. 
  4.5      (b) Upon receipt of the application, the appropriate fee, 
  4.6   and proof of insurance, the commissioner shall register the 
  4.7   vehicle, assign a registration number, issue a registration 
  4.8   card, and issue registration plates or decals. 
  4.9      (c) A deputy registrar of motor vehicles acting under 
  4.10  section 168.33 is also a deputy registrar of recreational motor 
  4.11  vehicles.  The commissioner, in cooperation with the 
  4.12  commissioner of public safety, may prescribe the accounting and 
  4.13  procedural requirements necessary to ensure efficient handling 
  4.14  of registrations and registration fees.  Deputy registrars shall 
  4.15  strictly comply with the accounting and procedural requirements. 
  4.16     (d) A fee of $25 in addition to other fees prescribed by 
  4.17  law must be charged for each recreational motor vehicle 
  4.18  registered by: 
  4.19     (1) a deputy registrar and must be deposited in the 
  4.20  treasury of the jurisdiction where the deputy is appointed or 
  4.21  retained if the deputy is not a public official; or 
  4.22     (2) the commissioner and must be deposited in the state 
  4.23  treasury and credited to the recreational motor vehicle account. 
  4.24     (e) A person who purchases a recreational motor vehicle 
  4.25  from a retail dealer shall make application for registration to 
  4.26  the dealer at the point of sale.  The dealer shall issue a 
  4.27  temporary registration permit to each purchaser who applies to 
  4.28  the dealer for registration.  The temporary registration is 
  4.29  valid for 60 days from the date of issue.  Each retail dealer 
  4.30  shall submit completed registrations and fees to the deputy 
  4.31  registrar at least once a week.  Upon receipt of the 
  4.32  application, the appropriate fee, and proof of insurance, the 
  4.33  commissioner shall register the recreational motor vehicle, 
  4.34  assign a registration number, issue a registration card, and 
  4.35  issue registration plates or decals. 
  4.36     Subd. 5.  [REGISTRATION PLATES OR DECALS.] (a) The owner of 
  5.1   a recreational motor vehicle must display a registration plate 
  5.2   or decal issued by the commissioner.  A registration plate or 
  5.3   decal must be maintained in a clean and legible condition. 
  5.4      (b) If the vehicle is licensed as a motor vehicle, the 
  5.5   commissioner shall issue a registration decal to be affixed on 
  5.6   the upper left corner of the rear license plate. 
  5.7      (c) If the vehicle is not licensed as a motor vehicle, the 
  5.8   commissioner shall issue plates not less than six inches high 
  5.9   and 12 inches wide, to be displayed on the front and rear of the 
  5.10  registered vehicle at least 24 inches from the ground. 
  5.11     Subd. 6.  [REGISTRATION CARD.] The commissioner shall issue 
  5.12  a registration card that includes the registration number, date 
  5.13  of registration, make and serial number of the vehicle, odometer 
  5.14  reading of the vehicle, owner's name and address, and any other 
  5.15  additional information the commissioner may require.  
  5.16  Information concerning each registration must be kept by the 
  5.17  commissioner.  If a registration card is lost or destroyed, the 
  5.18  commissioner shall issue a replacement registration card upon 
  5.19  application and payment of the appropriate fee. 
  5.20     Subd. 7.  [REGISTRATION PERIOD.] A recreational motor 
  5.21  vehicle registration is valid for one year and expires on 
  5.22  December 31 of the year issued. 
  5.23     Subd. 8.  [RENEWAL.] A recreational motor vehicle 
  5.24  registration shall be renewed according to subdivision 4. 
  5.25     Subd. 9.  [REPORT OF TRANSFER.] A person who sells or 
  5.26  transfers ownership of a recreational motor vehicle registered 
  5.27  under this section shall report the sale or transfer to the 
  5.28  commissioner within 15 days of the date of transfer.  An 
  5.29  application for transfer must be executed by the registered 
  5.30  owner and the buyer on a form prescribed by the commissioner and 
  5.31  submitted to the commissioner with the owner's registration 
  5.32  card, the buyer's proof of insurance, a bill of sale, and the 
  5.33  appropriate fee. 
  5.34     Subd. 10.  [PROOF OF SALES TAX PAYMENT.] (a) A person 
  5.35  applying for initial registration of a recreational motor 
  5.36  vehicle must provide a vehicle purchaser's certificate showing a 
  6.1   complete description of the vehicle, the seller's name and 
  6.2   address, the full purchase price of the vehicle, and the 
  6.3   trade-in allowance, if any.  The certificate must include 
  6.4   information showing that:  
  6.5      (1) the sales and use tax under chapter 297A was paid; or 
  6.6      (2) the purchase was exempt from tax under chapter 297A. 
  6.7      (b) The commissioner of public safety, in consultation with 
  6.8   the commissioner and the commissioner of revenue, shall 
  6.9   prescribe the form of the certificate. 
  6.10     (c) A vehicle purchaser's certificate is not required if 
  6.11  the applicant provides a receipt, invoice, or other document 
  6.12  that shows the vehicle was purchased from a retailer maintaining 
  6.13  a place of business in this state as defined in section 297A.66, 
  6.14  subdivision 1. 
  6.15     Subd. 11.  [FEES.] (a) The registration fee for a 
  6.16  recreational motor vehicle is: 
  6.17     (1) $15 for vehicles purchased for less than $3,000; 
  6.18     (2) $20 for vehicles purchased for $3,000 to $4,999; 
  6.19     (3) $25 for vehicles purchased for $5,000 to $6,999; and 
  6.20     (4) $30 for vehicles purchased for $7,000 or more. 
  6.21     (b) The fee for a replacement registration card or a 
  6.22  transfer of registration is $4.  
  6.23     (c) The total registration fee for all recreational motor 
  6.24  vehicles owned by a dealer and operated for demonstration or 
  6.25  testing purposes is $50.  Dealer registrations are not 
  6.26  transferable.  
  6.27     (d) The total registration fee for all recreational motor 
  6.28  vehicles owned by a manufacturer and operated for research, 
  6.29  testing, experimentation, or demonstration purposes is $150.  
  6.30  Manufacturer registrations are not transferable. 
  6.31     (e) The fees collected under this subdivision shall be 
  6.32  deposited in the state treasury and credited to the recreational 
  6.33  motor vehicle account in the natural resources fund. 
  6.34     Subd. 12.  [LICENSING BY POLITICAL SUBDIVISIONS.] A 
  6.35  political subdivision may not require licensing or registration 
  6.36  of recreational motor vehicles. 
  7.1      Subd. 13.  [REGISTRATION BY MINORS PROHIBITED.] A person 
  7.2   under the age of 18 may not register a recreational motor 
  7.3   vehicle. 
  7.4      Subd. 14.  [COLLECTOR SNOWMOBILES.] The commissioner may 
  7.5   issue a special permit to a person or organization to operate or 
  7.6   transport a collector snowmobile as defined under section 84.81, 
  7.7   subdivision 12, without registration in parades or organized 
  7.8   group outings, such as races, rallies, and other promotional 
  7.9   events and for up to ten days each year for personal 
  7.10  transportation.  The commissioner may impose a reasonable 
  7.11  restriction on a permittee and may revoke, amend, suspend, or 
  7.12  modify a permit for cause. 
  7.13     Sec. 5.  [84.68] [DRIVER'S LICENSE REQUIRED; ENDORSEMENT; 
  7.14  INSTRUCTION PERMITS.] 
  7.15     Subdivision 1.  [PROHIBITION; OPERATOR.] Except as provided 
  7.16  in subdivision 2, no recreational motor vehicle shall be 
  7.17  operated on public lands, roads, trails, or waters by a person 
  7.18  who does not possess a valid driver's license issued under 
  7.19  chapter 171 with the appropriate snowmobile, all-terrain 
  7.20  vehicle, off-highway motorcycle, off-road vehicle, or personal 
  7.21  watercraft endorsement, or issued by another state. 
  7.22     Subd. 2.  [INSTRUCTION PERMITS.] (a) A recreational motor 
  7.23  vehicle may be operated on public lands, roads, trails, or 
  7.24  waters by a person who is 15 or 16 years of age and who 
  7.25  possesses a valid instruction permit issued under section 171.05 
  7.26  if the person is enrolled in a recreational motor vehicle safety 
  7.27  course offered under section 84.685 and is accompanied by a 
  7.28  licensed driver. 
  7.29     (b) A recreational motor vehicle may be operated on public 
  7.30  lands, roads, trails, or waters by a person who possesses a 
  7.31  valid driver's license and a valid recreational motor vehicle 
  7.32  instruction permit issued under subdivision 4. 
  7.33     Subd. 3.  [ENDORSEMENT.] (a) The commissioner of public 
  7.34  safety shall issue a recreational motor vehicle endorsement if 
  7.35  the applicant: 
  7.36     (1) possesses a valid recreational motor vehicle 
  8.1   instruction permit as provided in subdivision 4; 
  8.2      (2) passes a written examination and operational test 
  8.3   administered by the department of natural resources; 
  8.4      (3) possesses a certificate or other evidence of having 
  8.5   successfully completed a recreational motor vehicle safety 
  8.6   course offered under section 84.685; and 
  8.7      (4) pays a fee of $21. 
  8.8      (b) The fee collected under paragraph (a) shall be disposed 
  8.9   of as follows: 
  8.10     (1) $11 shall be credited to the recreational motor vehicle 
  8.11  account; 
  8.12     (2) $2.50 shall be credited to the trunk highway fund; and 
  8.13     (3) $7.50 shall be credited to the general fund. 
  8.14     Subd. 4.  [RECREATIONAL MOTOR VEHICLE INSTRUCTION 
  8.15  PERMIT.] (a) The commissioner of natural resources shall issue a 
  8.16  recreational motor vehicle instruction permit to a person over 
  8.17  16 years of age who: 
  8.18     (1) possesses a valid driver's license; 
  8.19     (2) is enrolled in a recreational motor vehicle safety 
  8.20  course offered under section 84.865; 
  8.21     (3) passes a written examination; and 
  8.22     (4) pays a $9.50 fee, to be credited to the recreational 
  8.23  motor vehicle account. 
  8.24     (b) A recreational motor vehicle instruction permit shall 
  8.25  be effective for 45 days and may be renewed under rules to be 
  8.26  prescribed by the commissioner of natural resources. 
  8.27     (c) No person who is operating a recreational motor vehicle 
  8.28  under an instruction permit issued under this subdivision shall: 
  8.29     (1) carry a passenger on the recreational motor vehicle; or 
  8.30     (2) operate the recreational motor vehicle at night. 
  8.31     Subd. 5.  [PROHIBITION; OWNER.] An owner of a recreational 
  8.32  motor vehicle may not knowingly allow it to be operated in 
  8.33  violation of this section.  
  8.34     Sec. 6.  [84.685] [EDUCATION AND TRAINING.] 
  8.35     Subdivision 1.  [EDUCATION PROGRAM.] The commissioner shall 
  8.36  establish a comprehensive recreational motor vehicle information 
  9.1   and safety education and training program, including: 
  9.2      (1) preparation and dissemination of vehicle information 
  9.3   and safety advice to the public; 
  9.4      (2) training recreational motor vehicle operators; 
  9.5      (3) administration of the recreational motor vehicle safety 
  9.6   course required under section 84.68, subdivisions 2 to 4; and 
  9.7      (4) administration of the examinations and operational test 
  9.8   required under section 84.68, subdivisions 3 and 4. 
  9.9      Subd. 2.  [FEE.] To defray a portion of the expenses of 
  9.10  training vehicle operators, the commissioner shall collect a fee 
  9.11  of $5 from each person who enrolls in a training or safety 
  9.12  course.  The fees must be deposited in the state treasury and 
  9.13  credited to the recreational motor vehicle account. 
  9.14     Subd. 3.  [CONSULTATION.] The commissioner shall consult 
  9.15  with the commissioner of public safety regarding course and 
  9.16  examination content and performance testing that leads to 
  9.17  permitting and endorsement of recreational motor vehicle 
  9.18  operators. 
  9.19     Sec. 7.  [84.69] [RECREATIONAL MOTOR VEHICLE LIABILITY 
  9.20  INSURANCE.] 
  9.21     Subdivision 1.  [REQUIREMENT.] An owner of a recreational 
  9.22  motor vehicle must obtain and maintain liability insurance that 
  9.23  meets the requirements of this section.  The liability insurance 
  9.24  may be a separate recreational motor vehicle policy or a rider 
  9.25  to another type of policy.  For purposes of this section, 
  9.26  "policy" means coverage provided in either form. 
  9.27     Subd. 2.  [REQUIRED PROVISIONS.] A recreational motor 
  9.28  vehicle liability insurance policy required under subdivision 1 
  9.29  shall, at a minimum: 
  9.30     (1) state the name and address of the insured, the name and 
  9.31  address of the insurer, the policy number, the coverage provided 
  9.32  by the policy, the premium charged, the term, the limits of 
  9.33  liability, the vehicle's manufacturer's permanent identification 
  9.34  number if the vehicle has one, and the vehicle's registration 
  9.35  number; 
  9.36     (2) state that the coverage meets at least the minimum 
 10.1   requirements of this section; 
 10.2      (3) have stated limits of liability, exclusive of interest 
 10.3   and costs, with respect to each vehicle that the policy covers, 
 10.4   of not less than $30,000 for bodily injury to one person in any 
 10.5   one accident and, subject to that limit for one person, of not 
 10.6   less than $60,000 for bodily injury to two or more persons in 
 10.7   any one accident; and 
 10.8      (4) obligate the insurer to pay, on behalf of the insured 
 10.9   or anyone else using the vehicle with the owner's permission, 
 10.10  amounts that the insured or other user is legally obligated to 
 10.11  pay as damages for bodily injury arising out of the ownership, 
 10.12  maintenance, or use of a vehicle if the injury occurs within the 
 10.13  United States or Canada. 
 10.14     Subd. 3.  [PROOF OF INSURANCE REQUIRED.] (a) A vehicle 
 10.15  registration or registration transfer shall not be granted 
 10.16  unless the owner displays proof of insurance under this section 
 10.17  at the time of application. 
 10.18     (b) A vehicle user shall have proof of insurance in 
 10.19  possession at all times while using the vehicle and shall 
 10.20  display it on demand of a conservation officer of the department 
 10.21  of natural resources or other peace officer as defined in 
 10.22  section 626.84. 
 10.23     Subd. 4.  [SEASONAL COVERAGE PERMITTED.] The commissioner 
 10.24  may prescribe appropriate seasonal coverage for each type of 
 10.25  vehicle. 
 10.26     Subd. 5.  [NONCONFORMING COVERAGE PROHIBITED.] No policy 
 10.27  covering a recreational motor vehicle, including a policy 
 10.28  providing only property insurance, shall be issued or renewed 
 10.29  unless the policy provides liability insurance as required under 
 10.30  this subdivision. 
 10.31     Subd. 6.  [MINNESOTA JOINT UNDERWRITING ASSOCIATION.] The 
 10.32  market assistance plan of the Minnesota joint underwriting 
 10.33  association shall assist persons in obtaining insurance 
 10.34  coverage.  The Minnesota joint underwriting association shall 
 10.35  provide coverage required by this section to persons who are 
 10.36  otherwise rejected for insurance coverage.  
 11.1      Subd. 7.  [IMPOUNDMENT.] (a) A recreational motor vehicle 
 11.2   shall be impounded in accordance with this subdivision for a 
 11.3   violation of subdivision 1 or 3, paragraph (b).  As used in this 
 11.4   subdivision, "impoundment" means the removal of a vehicle to a 
 11.5   storage facility or impound lot. 
 11.6      (b) An impounded vehicle shall be released from impoundment 
 11.7   to the registered owner, a person authorized by the registered 
 11.8   owner, a lienholder of record, or a person who has purchased the 
 11.9   vehicle from the registered owner, who provides proof of 
 11.10  ownership of the vehicle and proof of insurance required under 
 11.11  this section. 
 11.12     (c) Proof of ownership and insurance shall be provided to 
 11.13  the law enforcement agency impounding the vehicle or to the 
 11.14  person or entity designated by the law enforcement agency to 
 11.15  receive the information. 
 11.16     (d) No law enforcement agency, local unit of government, or 
 11.17  state agency is responsible or financially liable for any 
 11.18  storage fees incurred due to an impoundment under this section. 
 11.19     (e) An impounded vehicle is subject to forfeiture under 
 11.20  section 169A.63 45 days after the date of impoundment. 
 11.21     Sec. 8.  [84.70] [ENFORCEMENT; FUNDING PRIORITY.] 
 11.22     The commissioner shall create a section of recreational 
 11.23  motor vehicle enforcement within the enforcement division of the 
 11.24  department of natural resources.  The section shall include at 
 11.25  least one recreational motor vehicle enforcement coordinator for 
 11.26  each department of natural resources region and at least one 
 11.27  recreational motor vehicle enforcement officer for each 
 11.28  department of natural resources area.  
 11.29     Sec. 9.  [84.72] [TRESPASS; RECREATIONAL MOTOR VEHICLES.] 
 11.30     No person shall enter onto and operate a recreational motor 
 11.31  vehicle on lands not owned by the person, except where otherwise 
 11.32  allowed by law, without the written or oral permission of the 
 11.33  owner, occupant, or lessee of such lands.  Written permission 
 11.34  may be given by a posted notice of any kind or description that 
 11.35  the owner, occupant, or lessee prefers, so long as it specifies 
 11.36  the kind of vehicles allowed, such as by saying "Recreational 
 12.1   Vehicles Allowed," "Snowmobiles Allowed," "Trail Bikes Allowed," 
 12.2   "All-Terrain Vehicles Allowed," or words substantially similar.  
 12.3      Sec. 10.  [84.785] [MOTORIZED USE OF STATE LANDS 
 12.4   RESTRICTED.] 
 12.5      Subdivision 1.  [RESTRICTED USE.] Notwithstanding sections 
 12.6   84.787 to 84.805 and 84.92 to 84.929, the use of off-highway 
 12.7   motorcycles, as defined under section 84.787, off-road vehicles, 
 12.8   as defined under section 84.797, and all-terrain vehicles, as 
 12.9   defined under section 84.92, is prohibited on state land 
 12.10  administered by the commissioner of natural resources except on 
 12.11  routes specifically designated and posted by the commissioner 
 12.12  for such use. 
 12.13     Subd. 2.  [ENVIRONMENTAL REVIEW.] Before developing a trail 
 12.14  or other route to be designated for use by off-highway 
 12.15  motorcycles, off-road vehicles, or all-terrain vehicles, or 
 12.16  before designating an existing trail or other route for use by 
 12.17  off-highway motorcycles, off-road vehicles, or all-terrain 
 12.18  vehicles, the commissioner of natural resources shall complete 
 12.19  an environmental assessment worksheet and, when necessary, an 
 12.20  environmental impact statement according to section 116D.04.  
 12.21  The commissioner shall designate a work group to complete the 
 12.22  environmental review. 
 12.23     Sec. 11.  Minnesota Statutes 2002, section 84.794, 
 12.24  subdivision 2, is amended to read: 
 12.25     Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
 12.26  legislature, Money in the off-highway motorcycle account is 
 12.27  appropriated to the commissioner and may only be spent for the 
 12.28  following purposes, listed in order of priority: 
 12.29     (1) administration, enforcement, and implementation of to 
 12.30  enforce sections 84.787 to 84.796 including, but not limited to, 
 12.31  increasing the number of conservation officers available for 
 12.32  enforcement and increasing funding to programs and divisions 
 12.33  that are financially unable to fulfill statutory and rule 
 12.34  enforcement requirements; 
 12.35     (2) acquisition, maintenance, and development of to monitor 
 12.36  ongoing impacts of off-highway motorcycle use; 
 13.1      (3) to provide restitution for the repair or restoration of 
 13.2   public or private property damaged by off-highway motorcycles 
 13.3   when the financial condition of the operator of the vehicle 
 13.4   causing the damage prevents prompt and complete restitution or 
 13.5   when the commissioner cannot determine the operator causing the 
 13.6   damage; 
 13.7      (4) to conduct environmental assessment worksheets and 
 13.8   environmental impact statements under section 84.785, 
 13.9   subdivision 2; 
 13.10     (5) to maintain designated state off-highway motorcycle 
 13.11  trails and use areas; and 
 13.12     (3) grants-in-aid (6) to fund state safety and 
 13.13  environmental programs for off-highway motorcycle use; 
 13.14     (7) to fund grants-in-aid to local safety and environmental 
 13.15  programs for off-highway motorcycle use; and 
 13.16     (8) to fund grant-in-aid programs to counties and 
 13.17  municipalities to construct and maintain local off-highway 
 13.18  motorcycle trails and use areas. 
 13.19     (b) The distribution of funds made available for 
 13.20  grants-in-aid must be guided by the statewide comprehensive 
 13.21  outdoor recreation plan. 
 13.22     (c) The legislature may not appropriate money for 
 13.23  acquisition and development of trails designated for use by 
 13.24  off-highway motorcycles until the purposes of paragraph (a) are 
 13.25  met.  Notwithstanding any law to the contrary, development of a 
 13.26  trail with money appropriated under this paragraph is subject to 
 13.27  environmental review according to section 84.785, subdivision 2. 
 13.28     (d) In determining the amount of money to be allocated for 
 13.29  enforcement purposes under paragraph (a), clause (1), the 
 13.30  commissioner shall consider: 
 13.31     (1) the number of off-highway motorcycles using state 
 13.32  lands, by enforcement region; 
 13.33     (2) the number of off-highway motorcycles using a 
 13.34  particular outdoor recreation unit in relation to the size of 
 13.35  the unit and the type, speed, and size of off-highway 
 13.36  motorcycles used; 
 14.1      (3) the acreage of state land within each enforcement 
 14.2   region; 
 14.3      (4) the extent to which violations are cited in each 
 14.4   enforcement region; 
 14.5      (5) the overall performance of each enforcement region; 
 14.6      (6) special considerations, such as volume of transient, 
 14.7   nonresident, or rental off-highway motorcycles or extremely 
 14.8   large outdoor recreation units; and 
 14.9      (7) any other factor as determined by the commissioner. 
 14.10     Sec. 12.  Minnesota Statutes 2002, section 84.803, 
 14.11  subdivision 2, is amended to read: 
 14.12     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
 14.13  legislature, (a) Money in the off-road vehicle account is 
 14.14  appropriated to the commissioner and may only be spent for the 
 14.15  following purposes, listed in order of priority: 
 14.16     (1) administration and implementation of to enforce 
 14.17  sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, 
 14.18  section 18 including, but not limited to, increasing the number 
 14.19  of conservation officers available for enforcement and 
 14.20  increasing funding to programs and divisions that are 
 14.21  financially unable to fulfill statutory and rule enforcement 
 14.22  requirements; 
 14.23     (2) acquisition, maintenance, and development of to monitor 
 14.24  ongoing impacts of off-road vehicle use; 
 14.25     (3) to provide restitution for the repair or restoration of 
 14.26  public or private property damaged by off-road vehicles when the 
 14.27  financial condition of the operator of the vehicle causing the 
 14.28  damage prevents prompt and complete restitution or when the 
 14.29  commissioner cannot determine the person causing the damage; 
 14.30     (4) to conduct environmental assessment worksheets and 
 14.31  environmental impact statements under section 84.785, 
 14.32  subdivision 2; 
 14.33     (5) to maintain designated state off-road vehicle trails 
 14.34  and use areas; 
 14.35     (6) to fund state safety and environmental programs for 
 14.36  off-road vehicle use; 
 15.1      (7) to fund grants-in-aid to local safety and environmental 
 15.2   programs for off-road vehicle use; and 
 15.3      (3) (8) to fund grant-in-aid programs to counties and 
 15.4   municipalities to construct and maintain local off-road vehicle 
 15.5   trails and use areas; and 
 15.6      (4) grants-in-aid to local safety programs. 
 15.7      (b) The legislature may not appropriate money for 
 15.8   acquisition and development of trails designated for use by 
 15.9   off-road vehicles until the purposes of paragraph (a) are met.  
 15.10  Notwithstanding any law to the contrary, development of a trail 
 15.11  with money appropriated under this paragraph is subject to 
 15.12  environmental review according to section 84.785, subdivision 2. 
 15.13     (c) In determining the amount of money to be allocated for 
 15.14  enforcement purposes under paragraph (a), clause (1), the 
 15.15  commissioner shall consider: 
 15.16     (1) the number of off-road vehicles using state lands, by 
 15.17  enforcement region; 
 15.18     (2) the number of off-road vehicles using a particular 
 15.19  outdoor recreation unit in relation to the size of the unit and 
 15.20  the type, speed, and size of off-road vehicles used; 
 15.21     (3) the acreage of state land within each enforcement 
 15.22  region; 
 15.23     (4) the extent to which violations are cited in each 
 15.24  enforcement region; 
 15.25     (5) the overall performance of each enforcement region; 
 15.26     (6) special considerations, such as volume of transient, 
 15.27  nonresident, or rental off-road vehicles or extremely large 
 15.28  outdoor recreation units; and 
 15.29     (7) any other factor as determined by the commissioner. 
 15.30     Sec. 13.  Minnesota Statutes 2002, section 84.83, 
 15.31  subdivision 3, is amended to read: 
 15.32     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] (a) The money 
 15.33  deposited in the account and interest earned on that money is 
 15.34  appropriated to the commissioner and may be expended only as 
 15.35  appropriated by law for the following purposes, listed in order 
 15.36  of priority:  
 16.1      (1) for a grant-in-aid program to counties and 
 16.2   municipalities for construction and maintenance of snowmobile 
 16.3   trails, including maintenance of trails on lands and waters of 
 16.4   Voyageurs National Park; 
 16.5      (2) for acquisition, development, and maintenance of state 
 16.6   recreational snowmobile trails; 
 16.7      (3) for snowmobile safety programs; and 
 16.8      (4) for the administration and enforcement of to enforce 
 16.9   sections 84.81 to 84.91 and appropriated grants to local law 
 16.10  enforcement agencies. including, but not limited to, increasing 
 16.11  the number of conservation officers available for enforcement 
 16.12  and increasing funding to programs and divisions that are 
 16.13  financially unable to fulfill statutory and rule enforcement 
 16.14  requirements; 
 16.15     (2) to monitor ongoing impacts of snowmobile use; 
 16.16     (3) to provide restitution for the repair or restoration of 
 16.17  public or private property damaged by snowmobiles when the 
 16.18  financial condition of the operator of the vehicle causing the 
 16.19  damage prevents prompt and complete restitution or when the 
 16.20  commissioner cannot determine the operator causing the damage; 
 16.21     (4) to conduct environmental assessment worksheets and 
 16.22  environmental impact statements under section 84.785, 
 16.23  subdivision 2; 
 16.24     (5) to maintain designated state snowmobile trails; 
 16.25     (6) to fund state safety and environmental programs for 
 16.26  snowmobile use; 
 16.27     (7) to fund grants-in-aid to local safety and environmental 
 16.28  programs for snowmobile use; and 
 16.29     (8) to fund a grant-in-aid program to counties and 
 16.30  municipalities for maintenance of local snowmobile trails. 
 16.31     (b) The legislature may not appropriate money for 
 16.32  acquisition and development of trails designated for use by 
 16.33  snowmobiles until the purposes of paragraph (a) are met.  
 16.34  Notwithstanding any law to the contrary, development of a trail 
 16.35  with money appropriated under this paragraph is subject to 
 16.36  environmental review according to section 84.785, subdivision 2. 
 17.1      (c) In determining the amount of money to be allocated for 
 17.2   enforcement purposes under paragraph (a), clause (1), the 
 17.3   commissioner shall consider: 
 17.4      (1) the number of snowmobiles using state lands, by 
 17.5   enforcement region; 
 17.6      (2) the number of snowmobiles using a particular outdoor 
 17.7   recreation unit in relation to the size of the unit and the 
 17.8   type, speed, and size of snowmobiles used; 
 17.9      (3) the acreage of state land within each enforcement 
 17.10  region; 
 17.11     (4) the extent to which violations are cited in each 
 17.12  enforcement region; 
 17.13     (5) the overall performance of each enforcement region; 
 17.14     (6) special considerations, such as volume of transient, 
 17.15  nonresident, or rental snowmobiles or extremely large outdoor 
 17.16  recreation units; and 
 17.17     (7) any other factor as determined by the commissioner. 
 17.18     Sec. 14.  Minnesota Statutes 2002, section 84.8712, 
 17.19  subdivision 1, is amended to read: 
 17.20     Subdivision 1.  [PROHIBITION.] A person may not use a 
 17.21  snowmobile with metal traction devices on a paved public trail 
 17.22  lands, roads, trails, or waters, except as otherwise provided by 
 17.23  a local government with jurisdiction over a trail or any portion 
 17.24  of a paved state trail designated by the commissioner. 
 17.25     Sec. 15.  Minnesota Statutes 2002, section 84.915, is 
 17.26  amended to read: 
 17.27     84.915 [LAND USE FOR CERTAIN VEHICLES RESTRICTED.] 
 17.28     After June 1, 1993, the commissioner may not allow the use 
 17.29  of state lands or acquire private lands for development or 
 17.30  operation of a motor sports area for use by all-terrain 
 17.31  vehicles, motorcycles, or four-wheel drive trucks off-highway 
 17.32  motorcycles, or off-road vehicles without legislative approval.  
 17.33  This restriction does not apply to recreational 
 17.34  trails.  Notwithstanding any law to the contrary, development of 
 17.35  a motor sports area is subject to environmental review under 
 17.36  section 84.785, subdivision 2. 
 18.1      Sec. 16.  Minnesota Statutes 2002, section 84.927, 
 18.2   subdivision 2, is amended to read: 
 18.3      Subd. 2.  [PURPOSES.] Subject to appropriation by the 
 18.4   legislature, (a) Money in the all-terrain vehicle account is 
 18.5   appropriated to the commissioner and may only be spent for the 
 18.6   following purposes, listed in order of priority:  
 18.7      (1) the education and training program under section 
 18.8   84.925; 
 18.9      (2) administration and implementation of to enforce 
 18.10  sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 
 18.11  and 10; including, but not limited to, increasing the number of 
 18.12  conservation officers available for enforcement and increasing 
 18.13  funding to programs and divisions that are financially unable to 
 18.14  fulfill statutory and rule enforcement requirements; 
 18.15     (2) to monitor ongoing impacts of all-terrain vehicle use; 
 18.16     (3) to provide restitution for the repair or restoration of 
 18.17  public or private property damaged by all-terrain vehicles when 
 18.18  the financial condition of the operator of the vehicle causing 
 18.19  the damage prevents prompt and complete restitution or when the 
 18.20  commissioner cannot determine the person causing the damage; 
 18.21     (4) to conduct environmental assessment worksheets and 
 18.22  environmental impact statements under section 84.785, 
 18.23  subdivision 2; 
 18.24     (3) acquisition, maintenance, and development of (5) to 
 18.25  maintain designated state all-terrain vehicle trails and use 
 18.26  areas; 
 18.27     (6) to fund state safety and environmental programs for 
 18.28  all-terrain vehicle use; 
 18.29     (7) to fund grants-in-aid to local safety and environmental 
 18.30  programs for all-terrain vehicle use; and 
 18.31     (4) (8) to fund grant-in-aid programs to counties and 
 18.32  municipalities to construct and maintain local all-terrain 
 18.33  vehicle trails and use areas; and 
 18.34     (5) grants-in-aid to local safety programs. 
 18.35     (b) The distribution of funds made available through 
 18.36  grant-in-aid programs must be guided by the statewide 
 19.1   comprehensive outdoor recreation plan. 
 19.2      (c) The legislature may not appropriate money for 
 19.3   acquisition and development of trails designated for use by 
 19.4   all-terrain vehicles until the purposes of paragraph (a) are 
 19.5   met.  Notwithstanding any law to the contrary, development of a 
 19.6   trail with money appropriated under this paragraph is subject to 
 19.7   environmental review according to section 84.785, subdivision 2. 
 19.8      (d) In determining the amount of money to be allocated for 
 19.9   enforcement purposes under paragraph (a), clause (1), the 
 19.10  commissioner shall consider: 
 19.11     (1) the number of all-terrain vehicles using state lands, 
 19.12  by enforcement region; 
 19.13     (2) the number of all-terrain vehicles using a particular 
 19.14  outdoor recreation unit in relation to the size of the unit and 
 19.15  the type, speed, and size of all-terrain vehicles used; 
 19.16     (3) the acreage of state land within each enforcement 
 19.17  region; 
 19.18     (4) the extent to which violations are cited in each 
 19.19  enforcement region; 
 19.20     (5) the overall performance of each enforcement region; 
 19.21     (6) special considerations, such as volume of transient, 
 19.22  nonresident, or rental all-terrain vehicles or extremely large 
 19.23  outdoor recreation units; and 
 19.24     (7) any other factor as determined by the commissioner. 
 19.25     Sec. 17.  Minnesota Statutes 2002, section 84.928, 
 19.26  subdivision 1, is amended to read: 
 19.27     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 19.28  A person shall not operate an all-terrain vehicle along or on 
 19.29  the roadway, shoulder, or inside bank or slope of a public road 
 19.30  right-of-way other than in the ditch or the outside bank or 
 19.31  slope of a trunk, county state-aid, or county highway in this 
 19.32  state unless otherwise allowed in sections 84.92 to 84.929 off 
 19.33  road within a public road right-of-way in this state except on a 
 19.34  trail designated by the commissioner and approved by the unit of 
 19.35  government having jurisdiction over the right-of-way. 
 19.36     (b) A person may operate an all-terrain vehicle registered 
 20.1   for private use and used for agricultural purposes on a public 
 20.2   road right-of-way of a trunk, county state-aid, or county 
 20.3   highway in this state if the all-terrain vehicle is operated on 
 20.4   the extreme right-hand side of the road, and left turns may be 
 20.5   made from any part of the road if it is safe to do so under the 
 20.6   prevailing conditions.  
 20.7      (c) A person shall not operate an all-terrain vehicle 
 20.8   within the public road right-of-way of a trunk, county 
 20.9   state-aid, or county highway from April 1 to August 1 in the 
 20.10  agricultural zone unless the vehicle is being used exclusively 
 20.11  as transportation to and from work on agricultural lands.  This 
 20.12  paragraph does not apply to an agent or employee of a road 
 20.13  authority, as defined in section 160.02, subdivision 25, or the 
 20.14  department of natural resources when performing or exercising 
 20.15  official duties or powers. 
 20.16     (d) A person shall not operate an all-terrain vehicle 
 20.17  within the public road right-of-way of a trunk, county 
 20.18  state-aid, or county highway between the hours of one-half hour 
 20.19  after sunset to one-half hour before sunrise, except on the 
 20.20  right-hand side of the right-of-way and in the same direction as 
 20.21  the highway traffic on the nearest lane of the adjacent roadway. 
 20.22     (e) A person shall not operate an all-terrain vehicle at 
 20.23  any time within the right-of-way of an interstate highway or 
 20.24  freeway within this state. 
 20.25     Sec. 18.  [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.] 
 20.26     (a) This section applies to grants-in-aid for motorized 
 20.27  route construction and maintenance under sections 84.794, 
 20.28  84.803, 84.83, and 84.927. 
 20.29     (b) Grant recipients proposing to fill or grade any portion 
 20.30  of a trail or develop a new route for recreational motor 
 20.31  vehicles, as defined under section 84.67, must obtain an opinion 
 20.32  regarding the location of wetlands in the proposed project area 
 20.33  from an individual trained in the delineation of wetlands and 
 20.34  unaffiliated with the proposer.  A written copy of the opinion 
 20.35  must be provided to and maintained by the commissioner. 
 20.36     (c) The commissioner shall reduce the amount of 
 21.1   grants-in-aid to a recipient who violates any of the 
 21.2   grant-in-aid program requirements as follows: 
 21.3      (1) for the first violation, a written warning describing 
 21.4   the financial consequences and trail closures that will result 
 21.5   from future violations must be given to the recipient and 
 21.6   maintained by the commissioner; 
 21.7      (2) for the second violation, the remainder of the grant 
 21.8   for the fiscal year must be withheld and the trails maintained 
 21.9   by the recipient must be closed; and 
 21.10     (3) for the third violation, the recipient becomes 
 21.11  ineligible for funding and trails maintained by that recipient 
 21.12  must be closed. 
 21.13     Sec. 19.  Minnesota Statutes 2002, section 171.10, 
 21.14  subdivision 2, is amended to read: 
 21.15     Subd. 2.  [ENDORSEMENT ADDED.] Any person, after applying 
 21.16  for or receiving a driver's license and prior to the expiration 
 21.17  year of the license, who wishes to have a motorcycle off-highway 
 21.18  motorcycle, all-terrain vehicle, off-road vehicle, snowmobile, 
 21.19  personal watercraft, school bus, tank vehicle, passenger, 
 21.20  double-trailer or triple-trailer, or hazardous materials vehicle 
 21.21  endorsement added to the license, shall, after taking the 
 21.22  necessary examination, apply for a duplicate license and make 
 21.23  payment of the proper fee. 
 21.24     Sec. 20.  Minnesota Statutes 2002, section 171.12, 
 21.25  subdivision 2, is amended to read: 
 21.26     Subd. 2.  [ACCIDENT REPORT AND RECORD OF CONVICTION FILED.] 
 21.27  The department shall file all accident reports and abstracts of 
 21.28  court records of convictions and violations received by it under 
 21.29  the laws of this state and its political subdivisions, and in 
 21.30  connection therewith maintain convenient records or make 
 21.31  suitable notations in order that an individual record of each 
 21.32  licensee showing the convictions of such licensee and the 
 21.33  traffic accidents in which the licensee has been involved shall 
 21.34  be readily ascertainable and available for the consideration of 
 21.35  the department upon any application for renewal of license and 
 21.36  the revocation, suspension, or limitation of licenses.  The 
 22.1   record shall include convictions and violations related to the 
 22.2   operation of a recreational motor vehicle, as defined under 
 22.3   section 84.67. 
 22.4      Sec. 21.  [STUDY OF OFF-HIGHWAY VEHICLE TRAILS BUDGET.] 
 22.5      By October 1, 2003, the commissioner of natural resources 
 22.6   must submit a report to the chairs of the legislative committees 
 22.7   with jurisdiction over natural resources policy and finance 
 22.8   concerning the cost of maintenance, operation, and enforcement 
 22.9   for the current off-highway vehicle trails system, including, 
 22.10  but not limited to, how many miles of trails the department's 
 22.11  off-highway vehicle budget will support.  The report must also 
 22.12  include: 
 22.13     (1) a detailed discussion of sources of revenue for trails; 
 22.14     (2) an analysis of recent and projected expenditures from 
 22.15  the off-highway vehicle and snowmobile accounts, including costs 
 22.16  for environmental review, increased enforcement, reparations and 
 22.17  restitution, and any other costs associated with the use of 
 22.18  motorized recreational vehicles and the requirements of this 
 22.19  act; 
 22.20     (3) information regarding all other sources of revenue used 
 22.21  for off-highway vehicle purposes; and 
 22.22     (4) a current inventory of all the state forest roads and 
 22.23  access routes, including designated off-highway vehicle routes 
 22.24  and all motorized and nonmotorized trails. 
 22.25     Sec. 22.  [OFF-HIGHWAY VEHICLE AND SNOWMOBILE GASOLINE 
 22.26  USAGE STUDY.] 
 22.27     Using funds from the off-highway vehicle and snowmobile 
 22.28  accounts, the commissioner of transportation shall employ a 
 22.29  qualified consultant to determine the actual percent of all 
 22.30  gasoline received in and produced or brought into the state, 
 22.31  except gasoline used for aviation purposes, that is used as fuel 
 22.32  for snowmobiles, all-terrain vehicles, off-highway motorcycles, 
 22.33  and off-road vehicles.  The commissioner shall consult with the 
 22.34  commissioners of revenue and natural resources in preparing the 
 22.35  request for proposal for the study and in selecting the 
 22.36  consultants to perform the study.  The commissioner shall report 
 23.1   to the legislature on the results of the study by February 1, 
 23.2   2004. 
 23.3      Sec. 23.  [REVIEW OF GRANT-IN-AID TRAILS PROGRAM.] 
 23.4      (a) The commissioner of natural resources must review 
 23.5   grant-in-aid policies and procedures for trails in light of the 
 23.6   legislative auditor's report and recommendations of January 
 23.7   2003.  By January 1, 2004, the commissioner must prepare a 
 23.8   report concerning the status of the grant-in-aid program and any 
 23.9   changes made in the program relevant to the recommendations and 
 23.10  findings in the report. 
 23.11     (b) In response to audit recommendations, the commissioner 
 23.12  of natural resources shall require that the department of 
 23.13  natural resources employees inspect all grant-in-aid trail 
 23.14  development and maintenance work before the state reimburses the 
 23.15  snowmobile or all-terrain vehicle club for the work. 
 23.16     Sec. 24.  [REPEALER.] 
 23.17     Minnesota Statutes 2002, sections 84.788; 84.791; 84.793, 
 23.18  subdivision 1; 84.798; 84.802; 84.82; 84.84; 84.85; 84.862; 
 23.19  84.872, subdivisions 1 and 2; 84.90; 84.922; 84.925; 84.9256, 
 23.20  subdivision 1; 84.926; and 171.07, subdivision 12, are repealed. 
 23.21     Sec. 25.  [EFFECTIVE DATE.] 
 23.22     Sections 21 to 23 are effective the day following final 
 23.23  enactment.