HF 2241

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to natural resources; modifying snowmobile 
  1.3             registration provisions; requiring snowmobile state 
  1.4             trail permit; modifying disposition of snowmobile 
  1.5             trails and enforcement account; requiring snowmobile 
  1.6             liability insurance; requiring snowmobile safety 
  1.7             training; establishing night speed limit for 
  1.8             snowmobiles; providing for enhancement of snowmobile 
  1.9             trail posting; requiring snowmobile information on 
  1.10            driver's license and ID cards; modifying the amount of 
  1.11            fuel tax attributable to snowmobile use; providing 
  1.12            definitions; appropriating money; amending Minnesota 
  1.13            Statutes 1996, sections 84.82, subdivisions 2 and 3; 
  1.14            84.83, subdivision 3; 84.86, subdivision 1; 84.87, 
  1.15            subdivision 2; 84.873; 171.07, by adding a 
  1.16            subdivision; 296.16, subdivision 1; and 609.487, by 
  1.17            adding a subdivision; proposing coding for new law in 
  1.18            Minnesota Statutes, chapters 84; and 85. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1996, section 84.82, 
  1.21  subdivision 2, is amended to read: 
  1.22     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
  1.23  (a) Application for registration or reregistration shall be made 
  1.24  to the commissioner of natural resources, or the commissioner of 
  1.25  public safety or an authorized deputy registrar of motor 
  1.26  vehicles in such form as the commissioner of public safety shall 
  1.27  prescribe, and shall state the legal name and address of every 
  1.28  owner of the snowmobile and be signed by at least one owner.  
  1.29     (b) A person who purchases a snowmobile from a retail 
  1.30  dealer shall make application for registration to the dealer at 
  1.31  the point of sale.  The dealer shall issue a temporary 
  1.32  registration permit to each purchaser who applies to the dealer 
  2.1   for registration.  The temporary registration is valid for 60 
  2.2   days from the date of issue.  Each retail dealer shall submit 
  2.3   completed registration and fees to the deputy registrar at least 
  2.4   once a week.  Upon receipt of the application and the 
  2.5   appropriate fee as hereinafter provided, such snowmobile shall 
  2.6   be registered and a registration number assigned which shall be 
  2.7   affixed to the snowmobile in such a clearly visible and 
  2.8   permanent manner for enforcement purposes as the commissioner of 
  2.9   natural resources shall prescribe. 
  2.10     (c) Each deputy registrar of motor vehicles acting pursuant 
  2.11  to section 168.33, shall also be a deputy registrar of 
  2.12  snowmobiles.  The commissioner of natural resources in agreement 
  2.13  with the commissioner of public safety may prescribe the 
  2.14  accounting and procedural requirements necessary to assure 
  2.15  efficient handling of registrations and registration fees.  
  2.16  Deputy registrars shall strictly comply with these accounting 
  2.17  and procedural requirements.  
  2.18     (d) A fee of $2 in addition to that otherwise prescribed by 
  2.19  law shall be charged for: 
  2.20     (1) each snowmobile registered by the registrar or a deputy 
  2.21  registrar and the additional fee shall be disposed of in the 
  2.22  manner provided in section 168.33, subdivision 2; or 
  2.23     (2) each snowmobile registered by the commissioner and the 
  2.24  additional fee shall be deposited in the state treasury and 
  2.25  credited to the snowmobile trails and enforcement account in the 
  2.26  natural resources fund.  
  2.27     Sec. 2.  Minnesota Statutes 1996, section 84.82, 
  2.28  subdivision 3, is amended to read: 
  2.29     Subd. 3.  [FEES FOR REGISTRATION.] (a) The fee for 
  2.30  registration of each snowmobile, other than those used for an 
  2.31  agricultural purpose, as defined in section 84.92, subdivision 
  2.32  1c, or those registered by a dealer or manufacturer pursuant to 
  2.33  clause (b) or (c) shall be as follows:  $30 $45 for three years 
  2.34  and $4 for a duplicate or transfer. 
  2.35     (b) The total registration fee for all snowmobiles owned by 
  2.36  a dealer and operated for demonstration or testing purposes 
  3.1   shall be $50 per year. 
  3.2      (c) The total registration fee for all snowmobiles owned by 
  3.3   a manufacturer and operated for research, testing, 
  3.4   experimentation, or demonstration purposes shall be $150 per 
  3.5   year.  Dealer and manufacturer registrations are not 
  3.6   transferable. 
  3.7      Sec. 3.  [84.8205] [SNOWMOBILE STATE TRAIL PERMIT.] 
  3.8      No snowmobile shall be operated on a state or grant-in-aid 
  3.9   recreational snowmobile trail unless the snowmobile operator has 
  3.10  in possession a snowmobile state trail permit.  The commissioner 
  3.11  of natural resources shall issue a permit upon application and 
  3.12  payment of a $10 fee.  The permit is valid for the calendar year 
  3.13  in which it is issued.  Fees collected under this section shall 
  3.14  be deposited in the state treasury and credited to the 
  3.15  snowmobile trails and enforcement account in the natural 
  3.16  resources fund. 
  3.17     Sec. 4.  Minnesota Statutes 1996, section 84.83, 
  3.18  subdivision 3, is amended to read: 
  3.19     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] (a) The money 
  3.20  deposited in the account and interest earned on that money may 
  3.21  be expended only as appropriated by law for in the 
  3.22  following purposes manner:  
  3.23     (1) 50 percent annually for a grant-in-aid program to 
  3.24  counties and municipalities for construction and, maintenance, 
  3.25  and safety posting of snowmobile trails, of which 40 percent is 
  3.26  for construction, trail grooming, and lease clarification, and 
  3.27  no less than ten percent is for nongrooming trail safety 
  3.28  improvements and snowmobile safety education; 
  3.29     (2) 30 percent annually for acquisition, development, and 
  3.30  maintenance, and administration of state recreational snowmobile 
  3.31  trails; 
  3.32     (3) for snowmobile safety programs; and 
  3.33     (4) (3) 20 percent annually for the administration and 
  3.34  enforcement of sections 84.81 to 84.90. snowmobile enforcement 
  3.35  and safety education.  Sixty percent of this amount is for costs 
  3.36  of the commissioner and 40 percent is for costs of local law 
  4.1   enforcement.  The commissioner shall make grants to local law 
  4.2   enforcement agencies for snowmobile enforcement initiatives 
  4.3   above and beyond current levels of local law enforcement 
  4.4   activities, as requested. 
  4.5      (b) The grant-in-aid money in paragraph (a), clause (1), 
  4.6   must be prorated to local governments based on the miles of 
  4.7   snowmobile trails that are located in each jurisdiction.  
  4.8      Sec. 5.  Minnesota Statutes 1996, section 84.86, 
  4.9   subdivision 1, is amended to read: 
  4.10     Subdivision 1.  With a view of achieving maximum use of 
  4.11  snowmobiles consistent with protection of the environment the 
  4.12  commissioner of natural resources shall adopt rules in the 
  4.13  manner provided by chapter 14, for the following purposes: 
  4.14     (1) Registration of snowmobiles and display of registration 
  4.15  numbers. 
  4.16     (2) Use of snowmobiles insofar as game and fish resources 
  4.17  are affected. 
  4.18     (3) Use of snowmobiles on public lands and waters, or on 
  4.19  grant-in-aid trails. 
  4.20     (4) Uniform signs to be used by the state, counties, and 
  4.21  cities, which are necessary or desirable to control, direct, or 
  4.22  regulate the operation and use of snowmobiles. 
  4.23     (5) Specifications relating to snowmobile mufflers. 
  4.24     (6) A comprehensive snowmobile information and safety 
  4.25  education and training program, including but not limited to the 
  4.26  preparation and dissemination of snowmobile information and 
  4.27  safety advice to the public, the training of snowmobile 
  4.28  operators, and the issuance of snowmobile safety certificates to 
  4.29  snowmobile operators who successfully complete the snowmobile 
  4.30  safety education and training course.  For the purpose of 
  4.31  administering such program and to defray a portion of the 
  4.32  expenses of training and certifying snowmobile operators, the 
  4.33  commissioner shall collect a fee of not to exceed $5 from each 
  4.34  person who receives the youth and young adult training and a fee 
  4.35  established under chapter 16A from each person who receives the 
  4.36  adult training.  The commissioner shall deposit the fee in the 
  5.1   snowmobile trails and enforcement account and the amount thereof 
  5.2   is appropriated annually to the commissioner of natural 
  5.3   resources for the administration of such 
  5.4   programs notwithstanding the percentages in section 84.83, 
  5.5   subdivision 3.  The commissioner shall cooperate with private 
  5.6   organizations and associations, private and public corporations, 
  5.7   and local governmental units in furtherance of the program 
  5.8   established under this clause.  The commissioner shall consult 
  5.9   with the commissioner of public safety in regard to training 
  5.10  program subject matter and performance testing that leads to the 
  5.11  certification of snowmobile operators. 
  5.12     (7) The operator of any snowmobile involved in an accident 
  5.13  resulting in injury requiring medical attention or 
  5.14  hospitalization to or death of any person or total damage to an 
  5.15  extent of $500 or more, shall forward a written report of the 
  5.16  accident to the commissioner on such form as the commissioner 
  5.17  shall prescribe.  If the operator is killed or is unable to file 
  5.18  a report due to incapacitation, any peace officer investigating 
  5.19  the accident shall file the accident report within ten business 
  5.20  days. 
  5.21     Sec. 6.  [84.861] [LIABILITY INSURANCE REQUIRED.] 
  5.22     Subdivision 1.  [REQUIREMENT.] An owner of a snowmobile 
  5.23  must obtain and maintain liability insurance that meets the 
  5.24  requirements of this section.  The liability insurance may be a 
  5.25  separate snowmobile policy or a rider to another type of policy. 
  5.26  For purposes of this section, "policy" means coverage provided 
  5.27  in either form. 
  5.28     Subd. 2.  [REQUIRED PROVISIONS.] A snowmobile liability 
  5.29  insurance policy required under subdivision 1 shall, at a 
  5.30  minimum: 
  5.31     (1) state the name and address of the named insured, the 
  5.32  name and address of the insurer, the policy number, the coverage 
  5.33  provided by the policy, the premium charged, the term, the 
  5.34  limits of liability, the snowmobile maker's permanent 
  5.35  identification number if the snowmobile has one, and the 
  5.36  snowmobile's registration number; 
  6.1      (2) state that the coverage meets at least the minimum 
  6.2   requirements of this section; 
  6.3      (3) have stated limits of liability, exclusive of interest 
  6.4   and costs, with respect to each snowmobile that the policy 
  6.5   covers, of not less than $30,000 for bodily injury to one person 
  6.6   in any one accident and, subject to that limit for one person, 
  6.7   of not less than $60,000 for bodily injury to two or more 
  6.8   persons in any one accident; and 
  6.9      (4) obligate the insurer to pay, on behalf of the insured 
  6.10  or anyone else using the snowmobile with the owner's permission, 
  6.11  amounts that the insured or other user is legally obligated to 
  6.12  pay as damages for bodily injury arising out of the ownership, 
  6.13  maintenance, or use of a snowmobile if the injury occurs within 
  6.14  the United States or Canada. 
  6.15     Subd. 3.  [PROOF OF INSURANCE REQUIRED.] (a) A snowmobile 
  6.16  registration or title transfer shall not be granted unless the 
  6.17  owner displays proof of insurance under this section at the time 
  6.18  of application. 
  6.19     (b) A snowmobile user shall have proof of insurance in 
  6.20  possession at all times while using the snowmobile and shall 
  6.21  display it on demand of a conservation officer of the department 
  6.22  of natural resources or other peace officer as defined in 
  6.23  section 626.84. 
  6.24     Subd. 4.  [SEASONAL COVERAGE PERMITTED.] This section does 
  6.25  not require liability coverage to be in effect for the period 
  6.26  between April 15 to October 15. 
  6.27     Subd. 5.  [NONCONFORMING COVERAGE PROHIBITED.] No policy 
  6.28  covering a snowmobile, including a policy providing only 
  6.29  property insurance, shall be issued or renewed to cover any 
  6.30  period between October 15 and April 15 unless the policy 
  6.31  provides liability insurance as required under this section. 
  6.32     Subd. 6.  [ENFORCEMENT.] This section shall be interpreted 
  6.33  and enforced in the same manner as the mandatory automobile and 
  6.34  motorcycle liability insurance requirement to the maximum extent 
  6.35  appropriate. 
  6.36     Subd. 7.  [PENALTIES.] (a) Violation of subdivision 1 or of 
  7.1   subdivision 3, paragraph (b), is a misdemeanor. 
  7.2      (b) Upon conviction for a violation referred to in 
  7.3   paragraph (a), the owner's registration shall be revoked and the 
  7.4   owner is ineligible to reregister any snowmobile for the next 60 
  7.5   days that fall between October 15 and April 15. 
  7.6      Sec. 7.  [84.862] [SNOWMOBILE TRAINING REQUIRED.] 
  7.7      Subdivision 1.  [YOUTH AND YOUNG ADULT SAFETY 
  7.8   TRAINING.] Effective October 1, 1998, any resident born after 
  7.9   December 31, 1979, who operates a snowmobile in Minnesota, must 
  7.10  possess a valid snowmobile safety certificate or a driver's 
  7.11  license or identification card with a valid snowmobile 
  7.12  qualification indicator issued under section 171.07, subdivision 
  7.13  12.  The certificate or qualification indicator may only be 
  7.14  issued upon successful completion of the course authorized under 
  7.15  section 84.86. 
  7.16     Subd. 2.  [ADULT SAFETY TRAINING.] Effective October 1, 
  7.17  2002, any resident born after December 31, 1972, and before 
  7.18  December 31, 1983, who operates a snowmobile in Minnesota, must 
  7.19  possess a valid operators permit or drivers license or 
  7.20  identification card with a valid snowmobile qualification 
  7.21  indicator issued under section 171.07, subdivision 12, showing 
  7.22  successful completion of a safety course designed for adults.  
  7.23  Whenever possible, the course shall include a riding component 
  7.24  that stresses stopping distances. 
  7.25     Subd. 3.  [TRAINING FOR OFFENDERS.] Any person who is 
  7.26  convicted for a second or subsequent speeding violation in a 
  7.27  snowmobile season, or any conviction for careless or reckless 
  7.28  operation of a snowmobile, must successfully complete the 
  7.29  training course in subdivision 1 or 2 before continuing 
  7.30  operation of a snowmobile. 
  7.31     Sec. 8.  Minnesota Statutes 1996, section 84.87, 
  7.32  subdivision 2, is amended to read: 
  7.33     Subd. 2.  [OPERATION GENERALLY.] It shall be unlawful for 
  7.34  any person to drive or operate any snowmobile in the following 
  7.35  unsafe or harassing ways: 
  7.36     (a) (1) at a rate of speed greater than reasonable or 
  8.1   proper under all the surrounding circumstances; 
  8.2      (b) (2) in a careless, reckless or negligent manner so as 
  8.3   to endanger the person or property of another or to cause injury 
  8.4   or damage thereto; 
  8.5      (c) (3) without a lighted head and taillight when required 
  8.6   for safety; 
  8.7      (d) (4) in any tree nursery or planting in a manner which 
  8.8   damages or destroys growing stock; or 
  8.9      (5) at a speed in excess of 40 miles per hour after sunset 
  8.10  and before sunrise. 
  8.11     Sec. 9.  Minnesota Statutes 1996, section 84.873, is 
  8.12  amended to read: 
  8.13     84.873 [SIGNAL FROM OFFICER TO STOP.] 
  8.14     It is unlawful for a snowmobile operator, after having 
  8.15  received a visual or audible signal from any law enforcement 
  8.16  officer to come to a stop, to (a) (1) operate a snowmobile in 
  8.17  willful or wanton disregard of such signal, or (b) (2) interfere 
  8.18  with or endanger the law enforcement officer or any other person 
  8.19  or vehicle, or (c) increase speed or attempt to flee or elude 
  8.20  the officer.  
  8.21     Sec. 10.  [85.0185] [SNOWMOBILE TRAIL POSTING.] 
  8.22     The commissioner of natural resources shall set standards 
  8.23  for posting grant-in-aid and state recreational snowmobile 
  8.24  trails.  A recipient of a state grant-in-aid recreational 
  8.25  snowmobile trail is encouraged to improve snowmobile safety 
  8.26  posting under standards of the commissioner. 
  8.27     Sec. 11.  Minnesota Statutes 1996, section 171.07, is 
  8.28  amended by adding a subdivision to read: 
  8.29     Subd. 12.  [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 
  8.30  department shall maintain in its records information transmitted 
  8.31  electronically from the commissioner of natural resources 
  8.32  identifying each person to whom the commissioner has issued a 
  8.33  snowmobile safety certificate. 
  8.34     (b) After receiving information under paragraph (a) that a 
  8.35  person has received a snowmobile safety certificate, the 
  8.36  department shall include, on all driver's licenses or Minnesota 
  9.1   identification cards subsequently issued to the person, a 
  9.2   graphic or written indication that the person has received the 
  9.3   certificate. 
  9.4      (c) If a person who has received a snowmobile safety 
  9.5   certificate applies for a driver's license or Minnesota 
  9.6   identification card before that information has been transmitted 
  9.7   to the department, the department may accept a copy of the 
  9.8   certificate as proof of its issuance and shall then follow the 
  9.9   procedures in paragraph (b). 
  9.10     Sec. 12.  Minnesota Statutes 1996, section 296.16, 
  9.11  subdivision 1, is amended to read: 
  9.12     Subdivision 1.  [INTENT; GASOLINE USE.] All gasoline 
  9.13  received in this state and all gasoline produced in or brought 
  9.14  into this state except aviation gasoline and marine gasoline 
  9.15  shall be determined to be intended for use in motor vehicles in 
  9.16  this state. 
  9.17     Approximately 1-1/2 percent of all gasoline received in 
  9.18  this state and 1-1/2 percent of all gasoline produced or brought 
  9.19  into this state, except gasoline used for aviation purposes, is 
  9.20  being used as fuel for the operation of motorboats on the waters 
  9.21  of this state and of the total revenue derived from the 
  9.22  imposition of the gasoline fuel tax for uses other than for 
  9.23  aviation purposes, 1-1/2 percent of such revenues is the amount 
  9.24  of tax on fuel used in motorboats operated on the waters of this 
  9.25  state.  
  9.26     Approximately three-fourths of one percent in fiscal year 
  9.27  1998, and three-fourths of one percent thereafter, of all 
  9.28  gasoline received in and produced or brought into this state, 
  9.29  except gasoline used for aviation purposes, is being used as 
  9.30  fuel for the operation of snowmobiles in this state, and of the 
  9.31  total revenue derived from the imposition of the gasoline fuel 
  9.32  tax for uses other than for aviation purposes, three-fourths of 
  9.33  one percent in fiscal year 1998, and three-fourths of one 
  9.34  percent thereafter, of such revenues is the amount of tax on 
  9.35  fuel used in snowmobiles operated in this state. 
  9.36     Approximately 0.15 of one percent of all gasoline received 
 10.1   in or produced or brought into this state, except gasoline used 
 10.2   for aviation purposes, is being used for the operation of 
 10.3   all-terrain vehicles in this state, and of the total revenue 
 10.4   derived from the imposition of the gasoline fuel tax, 0.15 of 
 10.5   one percent is the amount of tax on fuel used in all-terrain 
 10.6   vehicles operated in this state. 
 10.7      Approximately 0.046 of one percent of all gasoline received 
 10.8   or produced in or brought into this state, except gasoline used 
 10.9   for aviation purposes, is being used for the operation of 
 10.10  off-highway motorcycles in this state, and of the total revenue 
 10.11  derived from the imposition of the gasoline fuel tax for uses 
 10.12  other than for aviation purposes, 0.046 of one percent is the 
 10.13  amount of tax on fuel used in off-highway motorcycles operated 
 10.14  in this state. 
 10.15     Approximately .164 of one percent of all gasoline received 
 10.16  or produced in or brought into this state, except gasoline used 
 10.17  for aviation purposes, is being used for the off-road operation 
 10.18  of off-road vehicles, as defined in section 84.797, in this 
 10.19  state, and of the total revenue derived from the imposition of 
 10.20  the gasoline fuel tax for uses other than aviation purposes, 
 10.21  .164 of one percent is the amount of tax on fuel used for 
 10.22  off-road operation of off-road vehicles in this state. 
 10.23     Sec. 13.  Minnesota Statutes 1996, section 609.487, is 
 10.24  amended by adding a subdivision to read: 
 10.25     Subd. 2a.  [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has 
 10.26  the meaning given it in section 169.01, subdivision 3, and 
 10.27  includes the following recreational motor vehicles: 
 10.28     (1) an off-highway motorcycle, as defined in section 
 10.29  84.787; 
 10.30     (2) an off-road vehicle, as defined in section 84.797; 
 10.31     (3) a snowmobile, as defined in section 84.81; 
 10.32     (4) an all-terrain vehicle, as defined in section 84.92; 
 10.33     (5) a motorboat, as defined in section 86B.005, subdivision 
 10.34  9; 
 10.35     (6) any hovercraft or motor vehicle licensed for highway 
 10.36  operation that is being used for an off-road recreational 
 11.1   purpose; and 
 11.2      (7) any other self-propelled vehicle or vehicle propelled 
 11.3   or drawn by a self-propelled vehicle that is being used for 
 11.4   recreational purposes. 
 11.5      Sec. 14.  [APPROPRIATIONS.] 
 11.6      $25,000 is appropriated from the highway user tax 
 11.7   distribution fund to the commissioner of administration.  The 
 11.8   commissioner shall spend this appropriation for a study by a 
 11.9   qualified consultant to determine the actual percent of all 
 11.10  gasoline received in and produced or brought into the state, 
 11.11  except gasoline used for aviation purposes, that is being used 
 11.12  as fuel for snowmobiles in the state.  The commissioner shall 
 11.13  consult with the commissioners of revenue, transportation, and 
 11.14  natural resources in preparing the request for proposals for the 
 11.15  study and in selecting the consultant to perform the study.  The 
 11.16  commissioner shall report to the legislature on the results of 
 11.17  the study by February 1, 1998.