HF 1507

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying acquisition authority for state trails;
modifying requirements for certain recreational vehicles; establishing an
off-highway vehicle safety and conservation program; providing for off-trail
snowmobile use in certain state forests; modifying certain state trails; modifying
funding source for certain capital improvements; amending Minnesota Statutes
2006, sections 84.029, subdivision 2; 84.788, subdivision 1; 84.82, subdivision 6;
84.8205, subdivision 1; 84.925, subdivision 5; 84.926, by adding a subdivision;
85.015, subdivision 14; Laws 2005, First Special Session chapter 1, article 2,
section 3, subdivision 6; proposing coding for new law in Minnesota Statutes,
chapter 84; repealing Minnesota Statutes 2006, section 85.015, subdivision 11.

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

Section 1.

Minnesota Statutes 2006, section 84.029, subdivision 2, is amended to read:

Subd. 2.

Acquisition of land for trails.

The commissioner may acquire, by gift,
purchase, or lease, easements or other interests in land for trails, and recreational uses
related to trails, where necessary to complete trails established primarily in state forests,
state parks, or other public land under the jurisdiction of the commissioner, when railroad
rights-of-way are abandoned, when the use of township roads is compatible with vehicular
travel, deleted text begin and deleted text end new text begin or new text end when needed to complete trails established by the legislature.

Sec. 2.

Minnesota Statutes 2006, section 84.788, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

Unless exempted in subdivision 2, deleted text begin after
January 1, 1994, deleted text end a person may not operate and an owner may not give permission for
another to operate an off-highway motorcycle deleted text begin on public lands or waters deleted text end unless the vehicle
has been registered under this section.

Sec. 3.

Minnesota Statutes 2006, section 84.82, subdivision 6, is amended to read:

Subd. 6.

Exemptions.

Registration is not required under this section for:

(1) a snowmobile owned and used by the United States, another state, or a political
subdivision thereof;

(2) a snowmobile registered in a country other than the United States temporarily
used within this state;

(3) a snowmobile that is covered by a valid license of another state and has not been
within this state for more than 30 consecutive days;

(4) a snowmobile used exclusively in organized track racing events;

(5) a snowmobile in transit by a manufacturer, distributor, or dealer; deleted text begin or
deleted text end

(6) a snowmobile at least 15 years old in transit by an individual for use only on
land owned or leased by the individual new text begin ; or
new text end

new text begin (7) a snowmobile while being used to groom a state or grant-in-aid trail new text end .

Sec. 4.

Minnesota Statutes 2006, section 84.8205, subdivision 1, is amended to read:

Subdivision 1.

Sticker required; fee.

(a) Except as provided in paragraph (b), a
person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
three-year snowmobile state trail sticker that is purchased at the time of snowmobile
registration is $30. In addition to other penalties prescribed by law, a person in violation
of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker
is valid from November 1 through April 30. Fees collected under this section, except for
the issuing fee for licensing agents, shall be deposited in the state treasury and credited
to the snowmobile trails and enforcement account in the natural resources fund and,
except for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance,
grooming, and easement acquisition.

(b) A state trail sticker is not required under this section for:

(1) a snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;

(2) a snowmobile that is owned and used by the United States, another state, or
a political subdivision thereof that is exempt from registration under section 84.82,
subdivision 6;

(3) a collector snowmobile that is operated as provided in a special permit issued for
the collector snowmobile under section 84.82, subdivision 7a; deleted text begin or
deleted text end

(4) a person operating a snowmobile only on the portion of a trail that is owned by
the person or the person's spouse, child, or parent new text begin ; or
new text end

new text begin (5) a snowmobile while being used to groom a state or grant-in-aid trail new text end .

Sec. 5.

new text begin [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The commissioner of natural resources shall establish
a program to promote the safe and responsible operation of off-highway vehicles in a
manner that does not harm the environment. The commissioner shall coordinate the
program through the regional offices of the Department of Natural Resources.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the program is to encourage off-highway vehicle
clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on
state forest land and other public lands.
new text end

new text begin Subd. 3. new text end

new text begin Agreements. new text end

new text begin (a) The commissioner shall enter into informal agreements
with off-highway vehicle clubs for volunteer services to maintain, make improvements to,
and monitor trails on state forest land and other public lands. The off-highway vehicle
clubs shall promote the operation of off-highway vehicles in a safe and responsible manner
that complies with the laws and rules that relate to the operation of off-highway vehicles.
new text end

new text begin (b) The off-highway vehicle clubs may provide assistance to the department in
locating, recruiting, and training instructors for off-highway vehicle training programs.
new text end

new text begin (c) The commissioner may provide assistance to enhance the comfort and safety
of volunteers and to facilitate the implementation and administration of the safety and
conservation program.
new text end

new text begin Subd. 4. new text end

new text begin Worker displacement prohibited. new text end

new text begin The commissioner may not enter into
any agreement that has the purpose of or results in the displacement of public employees
by volunteers participating in the off-highway safety and conservation program under
this section. The commissioner must certify to the appropriate bargaining agent that the
work performed by a volunteer will not result in the displacement of currently employed
workers or workers on seasonal layoff or layoff from a substantially equivalent position,
including partial displacement such as reduction in hours of nonovertime work, wages, or
other employment benefits.
new text end

Sec. 6.

Minnesota Statutes 2006, section 84.925, subdivision 5, is amended to read:

Subd. 5.

Training requirements.

(a) An individual who was born after July 1,
1987, and who is 16 years of age or older, must successfully complete the independent
study course component of all-terrain vehicle safety training before operating an all-terrain
vehicle on public lands new text begin or waters, public road rights-of-way, or state or grant-in-aid trails new text end .

(b) An individual who is convicted of violating a law related to the operation of an
all-terrain vehicle must successfully complete the independent study course component of
all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(c) An individual who is convicted for a second or subsequent excess speed, trespass,
or wetland violation in an all-terrain vehicle season, or any conviction for careless or
reckless operation of an all-terrain vehicle, must successfully complete the independent
study and the testing and operating course components of all-terrain vehicle safety training
before continuing operation of an all-terrain vehicle.

(d) An individual who receives three or more citations and convictions for violating a
law related to the operation of an all-terrain vehicle in a two-year period must successfully
complete the independent study and the testing and operating course components of
all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(e) An individual must present evidence of compliance with this subdivision before
an all-terrain vehicle registration is issued or renewed.

Sec. 7.

Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Snowmobiles; closed forests; off trail. new text end

new text begin Forests classified as closed forests
are open to off-trail snowmobile use unless prohibited, as determined by the commissioner
by written order published in the State Register. The determination is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 8.

Minnesota Statutes 2006, section 85.015, subdivision 14, is amended to read:

Subd. 14.

deleted text begin Gateway Trail deleted text end new text begin Willard Munger Trail System new text end , Chisago, Ramsey, new text begin
Pine, St. Louis, Carlton, new text end and Washington Counties.

(a) The trail shall new text begin consist of six
segments. One segment shall be known as the Gateway Trail and shall new text end originate at the
State Capitol and deleted text begin shall deleted text end extend northerly and northeasterly to William O'Brien State Park,
thence northerly to Taylors Falls in Chisago County deleted text begin , and there terminate deleted text end . new text begin One segment
shall be known as the Boundary Trail and shall originate in Chisago County and extend
into Duluth in St. Louis County. One segment shall be known as the Browns Creek Trail
and shall originate at Duluth Junction and extend into Stillwater in Washington County.
One segment shall be known as the Munger Trail and shall originate at Hinckley in Pine
County and extend through Moose Lake in Carlton County to Duluth in St. Louis County.
One segment shall be known as the Alex Laveau Trail and shall originate in Carlton
County at Carlton and extend through Wrenshall to the Minnesota-Wisconsin border. One
segment shall be established that extends the trail to include the cities of Proctor, Duluth,
and Hermantown in St. Louis County.
new text end

(b) The trail new text begin system new text end shall be developed primarily for hiking and deleted text begin nonmotorized deleted text end riding.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the deleted text begin trail deleted text end new text begin Gateway and Browns Creek Trails new text end may be acquired by eminent domain.

deleted text begin (d) The commissioner of natural resources, after consulting with all local units of
government affected by the trail, and with the commissioner of transportation and the
Metropolitan Council, shall prepare a master plan for the trail. After completion of the
master plan, any land or interest in land not needed for the trail may be disposed of by the
commissioner of natural resources as follows:
deleted text end

deleted text begin (1) by transfer to the Department of Transportation, the Historical Society, or
another state agency;
deleted text end

deleted text begin (2) by sale at not less than the purchase price to a city, town, school district, park
district, or other political subdivision whose boundaries include or are adjacent to the land,
for public purposes only, after written notice to each of these political subdivisions; or
deleted text end

deleted text begin (3) if no offer to purchase is received from any political subdivision within one year
after the completion of the master plan, then by public sale, at not less than the purchase
price, upon notice published in the manner provided in section , and otherwise in the
same manner as trust fund lands are sold, so far as applicable.
deleted text end

deleted text begin All proceeds derived from sales of unneeded land and interest in land shall be
deposited in the state bond fund. For the purposes of United States Code, title 23, section
138, and title 49, section 1653(f), any land or interest in land not needed for the trail and
transferred to another state agency, or sold, does not constitute permanent park, recreation
area, or wildlife or waterfowl refuge facility land.
deleted text end

Sec. 9.

Laws 2005, First Special Session chapter 1, article 2, section 3, subdivision 6,
is amended to read:

Subd. 6. Trails and Waterways Management

26,971,000

26,660,000

Summary by Fund
General	1,684,000	1,284,000
Natural Resources	23,196,000	23,289,000
Game and Fish	2,091,000	2,087,000

$7,224,000 the first year and $7,224,000
the second year are from the snowmobile
trails and enforcement account in the natural
resources fund for snowmobile grants-in-aid.
The additional money under this item may
be used for new grant-in-aid trails. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.

$925,000 the first year and $825,000 the
second year are from the natural resources
fund for off-highway vehicle grants-in-aid.
Of this amount, $575,000 each year is from
the all-terrain vehicle account; $150,000
each year is from the off-highway motorcycle
account; and $200,000 the first year and
$100,000 the second year are from the
off-road vehicle account. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.

$261,000 the first year and $261,000 the
second year are from the water recreation
account in the natural resources fund for a
safe harbor program on Lake Superior.

$742,000 the first year and $760,000 the
second year are from the natural resources
fund for state trail operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (2).

$655,000 the first year and $655,000 the
second year are from the natural resources
fund for trail grants to local units of
government on land to be maintained for
at least 20 years for the purposes of the
grant. This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (4).

By June 30, 2007, the department shall
establish a boat launch and ramp at Horseshoe
Bay in Cook County, and rehabilitate the
historic fishing pier on Dower Lake in Todd
County. new text begin The commissioner may use funds
appropriated under Laws 2006, chapter 258,
section 7, subdivision 6, for this purpose.
new text end

$1,600,000 the first year and $1,900,000 the
second year are from the water recreation
account in the natural resources fund for
the acquisition, development, maintenance,
and rehabilitation of existing sites for public
access and boating facilities on public waters.
This money is from the watercraft license fee
increases in this act.

$100,000 the first year is for a grant to the
Duluth Port Authority to determine the cause
of freshwater corrosion of harbor sheet
piling, provided these state funds are matched
on a dollar-for-dollar basis by nonstate funds.
This is a onetime appropriation.

$300,000 is for a grant to the St. Louis and
Lake Counties Regional Railroad Authority
to complete constructing, furnishing, and
equipping Mesabi Station along the 132-mile
recreational trail known as Mesabi Trail
and located at the intersection of U.S.
Highway 53 and marked Trunk Highway
37. This appropriation is dependent upon
a matching contribution of $800,000 from
other sources, public or private. This is a
onetime appropriation.

$75,000 the first year is from the all-terrain
vehicle account in the natural resources
fund for a study to determine the amount
of gasoline used each year by all-terrain
vehicle riders in the state, except for riders
with vehicles registered for private use. The
commissioners of natural resources, revenue,
and transportation shall jointly determine
the amount of unrefunded gasoline tax
attributable to all-terrain vehicle use in the
state and shall report to the legislature by
March 1, 2006, with an appropriate proposed
revision to Minnesota Statutes, section
296A.18.

$50,000 is appropriated from the all-terrain
vehicle account in the natural resources fund
to the commissioner of natural resources for
fiscal year 2006 for a feasibility study on the
use of all-terrain vehicles on the North Shore
Trail. All data and information compiled
for this study may be used in any future
master trail plan revision. The study shall
be reported back to the house and senate
environment committee chairs by March 1,
2006.

The appropriation in Laws 2003, chapter
128, article 1, section 5, subdivision 6, from
the water recreation account in the natural
resources fund for a cooperative project with
the United States Army Corps of Engineers
to develop the Mississippi Whitewater Park
is available until June 30, 2007.

By February 15, 2006, the commissioner
shall report to the senate Environment,
Agriculture and Economic Development
Budget Division and the house Environment,
Natural Resources, and Agriculture
Finance Committees on the management
and operational responsibilities for the
Mississippi Whitewater Park authorized
by Minnesota Statutes, section 85.0156.
The report shall identify who the potential
operators, owners, and managers of the park
will be as well as related issues.

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 85.015, subdivision 11, new text end new text begin is repealed.
new text end