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HF 2970

Conference Committee Report - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - Conference Committee Report

  1.1             CONFERENCE COMMITTEE REPORT ON H.F. NO. 2970 
  1.2                          A bill for an act 
  1.3             relating to natural resources; imposing requirements 
  1.4             on certain purchases of the commissioner of natural 
  1.5             resources; requiring certain rule amendments; 
  1.6             authorizing hiring of employees for operations and 
  1.7             maintenance of a certain off-highway vehicle 
  1.8             recreation area; providing that a certain speed limit 
  1.9             set by rule for waters of the state does not apply in 
  1.10            certain circumstances to snowmobiles; exempting 
  1.11            all-terrain vehicles used exclusively on owners' or 
  1.12            drivers' property from registration; authorizing the 
  1.13            commissioner of natural resources to use grant money 
  1.14            for snowmobile trail grooming equipment reimbursement; 
  1.15            appropriating money for maintenance, monitoring, 
  1.16            environmental review, and enforcement related to 
  1.17            recreational motor vehicle use; amending Minnesota 
  1.18            Statutes 2000, sections 84.025, by adding a 
  1.19            subdivision; 84.87, by adding a subdivision; 84.922, 
  1.20            subdivision 1a. 
  1.21                                               April 23, 2002
  1.22  The Honorable Steve Sviggum 
  1.23  Speaker of the House of Representatives
  1.25  The Honorable Don Samuelson 
  1.26  President of the Senate
  1.28     We, the undersigned conferees for H.F. No. 2970, report 
  1.29  that we have agreed upon the items in dispute and recommend as 
  1.30  follows: 
  1.31     
  1.32     That the Senate recede from its amendments and that H.F. No.
  1.33  2970 be further amended as follows: 
  1.34     Delete everything after the enacting clause and insert: 
  1.35     "Section 1.  Minnesota Statutes 2000, section 84.025, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 10.  [RECREATIONAL VEHICLES AND BOATS USED FOR PUBLIC 
  2.3   PURPOSES.] All snowmobiles and outboard motors that are 
  2.4   purchased by the commissioner of natural resources must be of 
  2.5   the four-stroke engine model.  All all-terrain vehicles 
  2.6   purchased by the commissioner must be manufactured in the state 
  2.7   of Minnesota. 
  2.8      Sec. 2.  [PUBLIC USE OF RECREATIONAL AREAS; RULES.] 
  2.9      (a) The commissioner of natural resources shall amend the 
  2.10  permanent rules relating to public use of recreational areas, 
  2.11  Minnesota Rules, parts 6100.0100 to 6100.2400, according to this 
  2.12  section and pursuant to Minnesota Statutes, section 14.388. 
  2.13     (b) Minnesota Rules, part 6100.1950, subpart 1, item A, 
  2.14  shall be amended to read:  "A.  On forest lands classified as 
  2.15  managed, a person may operate a motor vehicle only on forest 
  2.16  roads and forest trails that are not posted and designated 
  2.17  closed and in areas that are posted and designated to allow 
  2.18  motor vehicle use, subject to the limitations and exceptions in 
  2.19  this part." 
  2.20     (c) Minnesota Rules, part 6100.1950, subpart 1, item B, 
  2.21  shall be amended to read:  "B. On forest lands classified as 
  2.22  limited, a person may operate a motor vehicle only on forest 
  2.23  roads that are not posted and designated closed and on forest 
  2.24  trails or areas that are posted and designated to allow motor 
  2.25  vehicle use, subject to the limitations and exceptions in this 
  2.26  part." 
  2.27     (d) Minnesota Rules, part 6100.1950, subpart 7, item D, 
  2.28  shall be amended to read:  "D.  Except as provided in item C, on 
  2.29  forest lands classified as managed or limited, a person may use 
  2.30  an ATV off forest trails in a manner consistent with this 
  2.31  subpart when lawfully: 
  2.32     (1) engaged in hunting big game or constructing hunting 
  2.33  stands during October, November, and December; 
  2.34     (2) retrieving big game during September; or 
  2.35     (3) trapping during open seasons." 
  2.36     (e) Minnesota Rules, part 6100.1950, subpart 7, shall be 
  3.1   amended by adding a new item F to read:  "F.  Subpart 1 does not 
  3.2   apply to motor vehicles used to carry out silvicultural 
  3.3   activities, including timber cruising, and the harvest and 
  3.4   transport of forest products for commercial purposes." 
  3.5      (f) Minnesota Rules, part 6100.1950, subpart 7, shall be 
  3.6   amended by adding a new item G to read:  "G.  The commissioner 
  3.7   may grant a variance from the requirements of subpart 1 to 
  3.8   private landowners and leaseholders when the only reasonable 
  3.9   access to their land is across state forest lands."  
  3.10     Sec. 3.  [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.] 
  3.11     Notwithstanding Laws 2002, chapter 220, article 10, section 
  3.12  38, the commissioner may hire employees for the operations and 
  3.13  maintenance of the Iron Range off-highway vehicle recreation 
  3.14  area using money appropriated for this purpose in Laws 2001, 
  3.15  First Special Session chapter 2, section 5, subdivision 6. 
  3.16     Sec. 4.  [SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT; 
  3.17  AUTHORIZATION.] 
  3.18     Upon a showing of need, the commissioner of natural 
  3.19  resources may use up to 50 percent of a snowmobile maintenance 
  3.20  and grooming grant under Minnesota Statutes, section 84.83, that 
  3.21  was available as of December 31, 2001, to reimburse the intended 
  3.22  recipient for expenses incurred in the purchase or lease of 
  3.23  snowmobile trail grooming equipment to be used for grant-in-aid 
  3.24  trails.  The costs must be incurred between July 1, 2001, and 
  3.25  May 1, 2002, and recipients must provide acceptable 
  3.26  documentation of the costs to the commissioner.  All 
  3.27  applications for reimbursement under this section must be 
  3.28  received no later than September 1, 2002. 
  3.29     Sec. 5.  [SNOWMOBILE SPEED LIMIT; LAKES GREATER THAN 10,000 
  3.30  ACRES.] 
  3.31     Notwithstanding any law or rule to the contrary, a county 
  3.32  may enact an ordinance to raise the speed limit up to 65 miles 
  3.33  per hour for snowmobiles traveling on marked trails during 
  3.34  daylight hours on lakes greater than 10,000 acres, subject to 
  3.35  the approval of the commissioner of natural resources.  Within 
  3.36  any posted speed limit, it remains unlawful for any person to 
  4.1   drive or operate any snowmobile at a rate of speed greater than 
  4.2   is reasonable or proper under all of the surrounding conditions 
  4.3   or circumstances. 
  4.4      Sec. 6.  [APPROPRIATION.] 
  4.5      $1,215,000 in fiscal year 2003 is appropriated from the 
  4.6   natural resources fund to the commissioner of natural resources 
  4.7   for maintaining lands and trails administered by the 
  4.8   commissioner and open to recreational motor vehicle use and for 
  4.9   monitoring and enforcement activities on those lands and trails 
  4.10  and environmental review on planned recreational motor vehicle 
  4.11  trails.  Of this amount, $700,000 is from the all-terrain 
  4.12  vehicle account, $460,000 is from the off-road vehicle account, 
  4.13  and $55,000 is from the off-highway motorcycle account.  
  4.14  Notwithstanding Laws 2002, chapter 220, article 10, section 38, 
  4.15  the commissioner may hire employees paid by this appropriation. 
  4.16     Sec. 7.  [EFFECTIVE DATE.] 
  4.17     Sections 2 to 4 are effective the day following final 
  4.18  enactment." 
  4.19     Delete the title and insert: 
  4.20                         "A bill for an act 
  4.21            relating to natural resources; imposing requirements 
  4.22            on certain purchases of the commissioner of natural 
  4.23            resources; requiring certain rule amendments; 
  4.24            authorizing hiring of certain employees; authorizing 
  4.25            certain reimbursements for snowmobile trail grooming 
  4.26            equipment; authorizing counties to raise snowmobile 
  4.27            speed limits on certain lakes; appropriating money for 
  4.28            maintenance, monitoring, and enforcement related to 
  4.29            recreational motor vehicle use; amending Minnesota 
  4.30            Statutes 2000, section 84.025, by adding a 
  4.31            subdivision." 
  5.1      We request adoption of this report and repassage of the 
  5.2   bill. 
  5.5      House Conferees: 
  5.8   .........................     .........................
  5.9   Tom Hackbarth                 Tim Finseth 
  5.12  .........................     
  5.13  Thomas Bakk                    
  5.18     Senate Conferees: 
  5.21  .........................     .........................
  5.22  LeRoy A. Stumpf               Leonard R. Price 
  5.25  .........................     
  5.26  Dennis R. Frederickson