HF 2678

4th Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying certain 
  1.3             provisions for the operation of off-highway vehicles; 
  1.4             modifying decal requirements for off-highway 
  1.5             motorcycles; modifying all-terrain vehicle provisions; 
  1.6             providing for certain class fees; modifying provisions 
  1.7             for reviewing forest classification status; amending 
  1.8             Minnesota Statutes 2002, sections 84.798, subdivision 
  1.9             1; 84.925, subdivision 1; 84.9256, subdivision 1; 
  1.10            84.928, subdivision 6; Minnesota Statutes 2003 
  1.11            Supplement, section 84.788, subdivision 3; Laws 2003, 
  1.12            chapter 128, article 1, section 167, subdivision 1. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.15  84.788, subdivision 3, is amended to read: 
  1.16     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  1.17  for registration or continued registration must be made to the 
  1.18  commissioner or an authorized deputy registrar of motor vehicles 
  1.19  in a form prescribed by the commissioner.  The form must state 
  1.20  the name and address of every owner of the off-highway 
  1.21  motorcycle. 
  1.22     (b) A person who purchases from a retail dealer an 
  1.23  off-highway motorcycle shall make application for registration 
  1.24  to the dealer at the point of sale.  The dealer shall issue a 
  1.25  temporary ten-day registration permit to each purchaser who 
  1.26  applies to the dealer for registration.  The dealer shall submit 
  1.27  the completed registration applications and fees to the deputy 
  1.28  registrar at least once each week.  No fee may be charged by a 
  1.29  dealer to a purchaser for providing the temporary permit. 
  2.1      (c) Upon receipt of the application and the appropriate 
  2.2   fee, the commissioner or deputy registrar shall issue to the 
  2.3   applicant, or provide to the dealer, a 60-day temporary receipt 
  2.4   and shall assign a registration number that must be affixed to 
  2.5   the motorcycle in a manner prescribed by the commissioner 
  2.6   according to paragraph (f).  A dealer subject to paragraph (b) 
  2.7   shall provide the registration materials and temporary receipt 
  2.8   to the purchaser within the ten-day temporary permit period. 
  2.9      (d) The commissioner shall develop a registration system to 
  2.10  register vehicles under this section.  A deputy registrar of 
  2.11  motor vehicles acting under section 168.33, is also a deputy 
  2.12  registrar of off-highway motorcycles.  The commissioner of 
  2.13  natural resources in agreement with the commissioner of public 
  2.14  safety may prescribe the accounting and procedural requirements 
  2.15  necessary to ensure efficient handling of registrations and 
  2.16  registration fees.  Deputy registrars shall strictly comply with 
  2.17  the accounting and procedural requirements.  
  2.18     (e) In addition to other fees prescribed by law, a filing 
  2.19  fee of $4.50 is charged for each off-highway motorcycle 
  2.20  registration renewal, duplicate or replacement registration 
  2.21  card, and replacement decal and a filing fee of $7 is charged 
  2.22  for each off-highway motorcycle registration and registration 
  2.23  transfer issued by: 
  2.24     (1) a deputy registrar and must be deposited in the 
  2.25  treasury of the jurisdiction where the deputy is appointed, or 
  2.26  kept if the deputy is not a public official; or 
  2.27     (2) the commissioner and must be deposited in the state 
  2.28  treasury and credited to the off-highway motorcycle account. 
  2.29     (f) Unless exempted in paragraph (g), the owner of an 
  2.30  off-highway motorcycle must display a registration decal issued 
  2.31  by the commissioner.  If the motorcycle is licensed as a motor 
  2.32  vehicle, a registration decal must be affixed on the upper left 
  2.33  corner of the rear license plate.  If the motorcycle is not 
  2.34  licensed as a motor vehicle, the decal must be attached on the 
  2.35  side of the motorcycle and may be attached to the fork tube.  
  2.36  The decal must be attached in a manner so that it is visible 
  3.1   while a rider is on the motorcycle.  The issued decals must be 
  3.2   of a size to work within the constraints of the electronic 
  3.3   licensing system, not to exceed three inches high and three 
  3.4   inches wide. 
  3.5      (g) Display of a registration decal is not required for an 
  3.6   off-highway motorcycle: 
  3.7      (1) while being operated on private property; or 
  3.8      (2) while competing in a closed-course competition event. 
  3.9      Sec. 2.  Minnesota Statutes 2002, section 84.798, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [GENERAL REQUIREMENTS.] Unless exempted 
  3.12  under subdivision 2, after January 1, 1995, a person may not 
  3.13  operate and an owner may not give permission for another to 
  3.14  operate a vehicle off-road, nor may a person have an off-road 
  3.15  vehicle not registered under chapter 168 in possession at an 
  3.16  off-road vehicle staging area, or on lands administered by the 
  3.17  commissioner on off-road vehicle designated trail trails or area 
  3.18  areas, or on off-road vehicle grant-in-aid trails and areas 
  3.19  funded under section 84.803, unless the vehicle has been 
  3.20  registered under this section. 
  3.21     Sec. 3.  Minnesota Statutes 2002, section 84.925, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  3.24  shall establish a comprehensive all-terrain vehicle 
  3.25  environmental and safety education and training program, 
  3.26  including the preparation and dissemination of vehicle 
  3.27  information and safety advice to the public, the training of 
  3.28  all-terrain vehicle operators, and the issuance of all-terrain 
  3.29  vehicle safety certificates to vehicle operators over the age of 
  3.30  12 years who successfully complete the all-terrain vehicle 
  3.31  environmental and safety education and training course.  
  3.32     (b) For the purpose of administering the program and to 
  3.33  defray a portion of the expenses of training and certifying 
  3.34  vehicle operators, the commissioner shall collect a fee of $15 
  3.35  from each person who receives the training.  Fee proceeds shall 
  3.36  be deposited in the all-terrain vehicle account in the natural 
  4.1   resources fund.  In addition to the fee established by the 
  4.2   commissioner, instructors may charge each person up to $5 for 
  4.3   class material and expenses. 
  4.4      (c) The commissioner shall cooperate with private 
  4.5   organizations and associations, private and public corporations, 
  4.6   and local governmental units in furtherance of the program 
  4.7   established under this section.  School districts may cooperate 
  4.8   with the commissioner and volunteer instructors to provide space 
  4.9   for the classroom portion of the training.  The commissioner 
  4.10  shall consult with the commissioner of public safety in regard 
  4.11  to training program subject matter and performance testing that 
  4.12  leads to the certification of vehicle operators.  By June 30, 
  4.13  2003, the commissioner shall incorporate a riding component in 
  4.14  the safety education and training program. 
  4.15     Sec. 4.  Minnesota Statutes 2002, section 84.9256, 
  4.16  subdivision 1, is amended to read: 
  4.17     Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
  4.18  Except for operation on public road rights-of-way that is 
  4.19  permitted under section 84.928, a driver's license issued by the 
  4.20  state or another state is required to operate an all-terrain 
  4.21  vehicle along or on a public road right-of-way. 
  4.22     (b) A person under 12 years of age shall not: 
  4.23     (1) make a direct crossing of a public road right-of-way; 
  4.24     (2) operate an all-terrain vehicle on a public road 
  4.25  right-of-way in the state; or 
  4.26     (3) operate an all-terrain vehicle on public lands or 
  4.27  waters.  
  4.28     (c) Except for public road rights-of-way of interstate 
  4.29  highways, a person 12 years of age but less than 16 years may 
  4.30  make a direct crossing of a public road right-of-way of a trunk, 
  4.31  county state-aid, or county highway or operate on public lands 
  4.32  and waters, only if that person possesses a valid all-terrain 
  4.33  vehicle safety certificate issued by the commissioner and is 
  4.34  accompanied on another all-terrain vehicle by a person 18 years 
  4.35  of age or older who holds a valid driver's license.  
  4.36     (d) All-terrain vehicle safety certificates issued by the 
  5.1   commissioner to persons 12 years old, but less than 16 years 
  5.2   old, are not valid for machines in excess of 90cc engine 
  5.3   capacity unless: 
  5.4      (1) the person successfully completed the safety education 
  5.5   and training program under section 84.925, subdivision 1, 
  5.6   including a riding component; and 
  5.7      (2) the riding component of the training was conducted 
  5.8   using an all-terrain vehicle with over 90cc engine capacity; and 
  5.9      (3) the person is able to properly reach and control the 
  5.10  handle bars and reach the foot pegs while sitting upright on the 
  5.11  seat of the all-terrain vehicle. 
  5.12     Sec. 5.  Minnesota Statutes 2002, section 84.928, 
  5.13  subdivision 6, is amended to read: 
  5.14     Subd. 6.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] (a) 
  5.15  Notwithstanding any law to the contrary, a city or town, acting 
  5.16  through its governing body, may by resolution or ordinance 
  5.17  prohibit the operation of all-terrain vehicles on city streets 
  5.18  or town roads in its jurisdiction provided the regulations are 
  5.19  otherwise consistent with sections 84.92 to 84.929. 
  5.20     (b) A county or city, or a town acting by its town board, 
  5.21  may regulate the operation of all-terrain vehicles on public 
  5.22  lands, waters, and property under its jurisdiction other than 
  5.23  public road rights-of-way within its boundaries, by resolution 
  5.24  or ordinance of the governing body and by giving appropriate 
  5.25  notice, provided:  
  5.26     (1) the regulations must be consistent with sections 84.92 
  5.27  to 84.929 and rules adopted under section 84.924; 
  5.28     (2) an ordinance may not impose a fee for the use of public 
  5.29  land or water under the jurisdiction of either the Department of 
  5.30  Natural Resources or other agency of the state, or for the use 
  5.31  of an access to it owned by the state or a county or a city; and 
  5.32     (3) an ordinance may not require an all-terrain vehicle 
  5.33  operator to possess a motor vehicle driver's license while 
  5.34  operating an all-terrain vehicle. 
  5.35     (c) Notwithstanding any law to the contrary, a county board 
  5.36  by ordinance may allow the operation of all-terrain vehicles on 
  6.1   the road right-of-way shoulder, or inside bank or slope of a 
  6.2   county highway or county state-aid highway, if: 
  6.3      (1) the highway is in the agricultural zone; or 
  6.4      (2) safe operation in the ditch or outside slope is 
  6.5   impossible, and the county posts the appropriate notice; or 
  6.6      (3) the road is unpaved or designated as a 
  6.7   minimum-maintenance road under section 160.095. 
  6.8      Sec. 6.  Laws 2003, chapter 128, article 1, section 167, 
  6.9   subdivision 1, is amended to read: 
  6.10     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
  6.11  By December 31, 2006, the commissioner of natural resources 
  6.12  shall complete a review of the forest classification status of 
  6.13  all state forests classified as managed or limited, all forest 
  6.14  lands under the authority of the commissioner as defined in 
  6.15  Minnesota Statutes, section 89.001, subdivision 13, and lands 
  6.16  managed by the commissioner under Minnesota Statutes, section 
  6.17  282.011.  The review must be conducted on a forest-by-forest and 
  6.18  area-by-area basis in accordance with the process and criteria 
  6.19  under Minnesota Rules, part 6100.1950.  After each forest is 
  6.20  reviewed, the commissioner must change its status to limited or 
  6.21  closed, and must provide a similar status for each of the other 
  6.22  areas subject to review under this section after each individual 
  6.23  review is completed.  
  6.24     (b) If the commissioner determines on January 1, 2005, that 
  6.25  the review required under this section cannot be completed by 
  6.26  December 31, 2006, the completion date for the review shall be 
  6.27  extended to December 31, 2008.  By January 15, 2005, the 
  6.28  commissioner shall report to the chairs of the legislative 
  6.29  committees with jurisdiction over natural resources policy and 
  6.30  finance regarding the status of the process required by this 
  6.31  section.  
  6.32     (c) Until December 31, 2010, the state forests and areas 
  6.33  subject to review under this section are exempt from Minnesota 
  6.34  Statutes, section 84.777, unless an individual forest or area 
  6.35  has been classified as limited or closed.