HF 4028

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

A bill for an act
relating to natural resources; modifying restrictions on the operation of
off-highway vehicles; modifying off-highway vehicle damage account; providing
for seizure and forfeiture of certain off-highway vehicles; requiring certain
off-highway vehicle violations to be added to the driving record of the violator;
modifying civil penalties; modifying off-road vehicle account receipts and
disposition; requiring plates on all-terrain vehicles; providing for revocation of
registration; providing criminal penalties; amending Minnesota Statutes 2006,
sections 84.773, subdivision 1; 84.775, subdivision 1; 84.797, subdivisions 6,
12; 84.802; 84.803; 84.804, subdivisions 1, 2, 3; 84.922, subdivision 2; 84.928,
subdivision 2; 97A.315, subdivision 2; Minnesota Statutes 2007 Supplement,
section 84.780; proposing coding for new law in Minnesota Statutes, chapter
84; repealing Minnesota Statutes 2006, sections 84.796; 84.805; 296A.18,
subdivision 6; Minnesota Statutes 2007 Supplement, section 84.929.

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

Section 1.

Minnesota Statutes 2006, section 84.773, subdivision 1, is amended to read:

Subdivision 1.

Restrictions.

new text begin (a) new text end A person may not intentionally operate an
off-highway vehicle:

(1) on a trail on public land that is designated or signed for nonmotorized use only;

(2) on restricted areas within public lands that are posted or where gates or other
clearly visible structures are placed to prevent unauthorized motorized vehicle access;

(3) except as specifically authorized by law or rule adopted by the commissioner, in
unfrozen public waters, as defined in section 103G.005; in a state park; in a scientific and
natural area; or in a wildlife management area; or

(4) in a calcareous fen, as identified by the commissioner.

new text begin (b) A person may not operate an off-highway vehicle at a speed greater than ten
miles per hour:
new text end

new text begin (1) within 100 feet of a person who is not:
new text end

new text begin (i) on an off-highway vehicle, snowmobile, or motorcycle; or
new text end

new text begin (ii) in a motor vehicle;
new text end

new text begin (2) within 100 feet of a fish house, dark house, or any other structure while operating
on a frozen public water; or
new text end

new text begin (3) within 150 feet of a home or residential dwelling.
new text end

Sec. 2.

new text begin [84.774] OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.
new text end

new text begin (a) Except as provided in paragraph (b), a person who violates a provision of
sections 84.773; 84.777; 84.788 to 84.795; 84.798 to 84.804; 84.90; or 84.922 to 84.928 or
rules of the commissioner relating to off-highway vehicle use is guilty of a misdemeanor.
new text end

new text begin (b) A person is guilty of a gross misdemeanor if the person:
new text end

new text begin (1) knowingly disregards signs prohibiting the use of off-highway vehicles and
operates an off-highway vehicle in an area where the use is prohibited;
new text end

new text begin (2) violates section 84.773 or 84.777 after personally being notified by a peace
officer not to operate in the area prohibited;
new text end

new text begin (3) violates a section listed in paragraph (a) and has at least one conviction for a
violation under those sections in the last three years;
new text end

new text begin (4) violates a section listed in paragraph (a) resulting in the endangerment of another
person; or
new text end

new text begin (5) violates section 84.773; 84.777; 84.90; or 97B.001 and the violation results in
property damage in excess of 400 square feet or with a cost of repair in excess of $500.
new text end

new text begin (c) A person convicted of a gross misdemeanor under paragraph (b) is prohibited
from operating an off-highway vehicle for a period of two years. The commissioner shall
notify the person of the time period during which the person is prohibited from operating
an off-highway vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

new text begin [84.7741] OFF-HIGHWAY VEHICLE FORFEITURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Appropriate agency" means a law enforcement agency that has the authority
to make an arrest for a violation of a designated offense.
new text end

new text begin (c) "Claimant" means an owner of an off-highway vehicle or a person claiming a
leasehold or security interest in an off-highway vehicle.
new text end

new text begin (d) "Designated offense" means a gross misdemeanor violation under section
84.774, paragraph (b).
new text end

new text begin (e) "Family or household member" means:
new text end

new text begin (1) a parent, stepparent, or guardian;
new text end

new text begin (2) any of the following persons related by blood, marriage, or adoption: brother,
sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, or great-aunt; or
new text end

new text begin (3) persons residing together or persons who regularly associate and communicate
with one another outside of a workplace setting.
new text end

new text begin (f) "Off-highway vehicle" and "vehicle" do not include an off-highway vehicle that
is stolen or taken in violation of the law.
new text end

new text begin (g) "Owner" means a person legally entitled to possession, use, and control of an
off-highway vehicle, including a lessee of an off-highway vehicle if the lease agreement
has a term of 180 days or more. There is a rebuttable presumption that a person registered
as the owner of an off-highway vehicle according to the records of the Department of
Public Safety or the Department of Natural Resources is the legal owner. For purposes
of this section, if an off-highway vehicle is owned jointly by two or more people, each
owner's interest extends to the whole of the vehicle and is not subject to apportionment.
new text end

new text begin (h) "Prosecuting authority" means the attorney in the jurisdiction in which the
designated offense occurred, or a designee, who is responsible for prosecuting violations
of a designated offense. If a state agency initiated the forfeiture, and the attorney
responsible for prosecuting the designated offense declines to pursue forfeiture, the
attorney general's office, or its designee, may initiate forfeiture under this section.
new text end

new text begin (i) "Security interest" means a bona fide security interest perfected according to
section 168A.17, subdivision 2, based on a loan or other financing that, if an off-highway
vehicle is required to be registered under chapter 168, is listed on the vehicle's title.
new text end

new text begin Subd. 2. new text end

new text begin Seizure. new text end

new text begin (a) An off-highway vehicle subject to forfeiture under this
section may be seized by the appropriate agency upon process issued by any court having
jurisdiction over the vehicle.
new text end

new text begin (b) Property may be seized without process if:
new text end

new text begin (1) the seizure is incident to a lawful arrest or a lawful search;
new text end

new text begin (2) the vehicle subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding under this section; or
new text end

new text begin (3) the appropriate agency has probable cause to believe that the delay occasioned by
the necessity to obtain process would result in the removal or destruction of the vehicle.
If property is seized without process under this clause, the prosecuting authority must
institute a forfeiture action under this section as soon as is reasonably possible by serving
a notice of seizure and intent to forfeit at the address of the owner as listed in the records
of the Department of Public Safety or Department of Natural Resources.
new text end

new text begin Subd. 3. new text end

new text begin Right to possession vests immediately; custody. new text end

new text begin All right, title, and
interest in an off-highway vehicle subject to forfeiture under this section vests in the
appropriate agency upon commission of the conduct resulting in the designated offense
giving rise to the forfeiture. Any vehicle seized under this section is not subject to
replevin, but is deemed to be in the custody of the appropriate agency subject to the orders
and decrees of the court having jurisdiction over the forfeiture proceedings. When an
off-highway vehicle is seized under this section, the appropriate agency may:
new text end

new text begin (1) place the vehicle under seal;
new text end

new text begin (2) remove the vehicle to a place designated by the agency;
new text end

new text begin (3) place a disabling device on the vehicle; and
new text end

new text begin (4) take other steps reasonable and necessary to secure the vehicle and prevent waste.
new text end

new text begin Subd. 4. new text end

new text begin Bond by owner for possession. new text end

new text begin If the owner of an off-highway vehicle
that has been seized under this section seeks possession of the vehicle before the forfeiture
action is determined, the owner may, subject to the approval of the appropriate agency,
give security or post bond payable to the appropriate agency in an amount equal to the
retail value of the seized vehicle. On posting the security or bond, the seized vehicle may
be returned to the owner. The forfeiture action must proceed against the security as if it
were the seized vehicle.
new text end

new text begin Subd. 5. new text end

new text begin Evidence. new text end

new text begin Certified copies of court records and off-highway vehicle and
driver's records concerning prior incidents are admissible as substantive evidence where
necessary to prove the commission of a designated offense.
new text end

new text begin Subd. 6. new text end

new text begin Vehicle subject to forfeiture. new text end

new text begin An off-highway vehicle is subject to
forfeiture under this section if it was used in the commission of a designated offense.
new text end

new text begin Subd. 7. new text end

new text begin Presumptions; limitations on vehicle forfeiture. new text end

new text begin (a) An off-highway
vehicle is presumed subject to forfeiture under this section if:
new text end

new text begin (1) the driver is convicted of the designated offense upon which the forfeiture is
based; or
new text end

new text begin (2) the driver fails to appear for a scheduled court appearance with respect to the
designated offense charged and fails to voluntarily surrender within 48 hours after the time
required for appearance.
new text end

new text begin (b) An off-highway vehicle encumbered by a security interest perfected according
to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or
more, is subject to the interest of the secured party or lessor unless the party or lessor had
knowledge of or consented to the act upon which the forfeiture is based. However, when
the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan
balance, the appropriate agency shall remit all proceeds of the sale to the secured party
after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the
vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner
consistent with section 336.9-610, the agency is not liable to the secured party for any
amount owed on the loan in excess of the sale proceeds. The validity and amount of a
nonperfected security interest must be established by its holder by clear and convincing
evidence.
new text end

new text begin (c) Notwithstanding paragraph (b), the secured party's or lessor's interest in an
off-highway vehicle is not subject to forfeiture based solely on the secured party's or
lessor's knowledge of the act or omission upon which the forfeiture is based if the secured
party or lessor demonstrates by clear and convincing evidence that the party or lessor took
reasonable steps to terminate use of the vehicle by the offender.
new text end

new text begin (d) An off-highway vehicle is not subject to forfeiture under this section if its owner
can demonstrate by clear and convincing evidence that the owner did not have actual
or constructive knowledge that the vehicle would be used or operated in any manner
contrary to law or that the owner took reasonable steps to prevent use of the vehicle by
the offender. If the offender is a family or household member of the owner and has three
or more prior off-highway vehicle convictions, the owner is presumed to know of any
vehicle use by the offender that is contrary to law.
new text end

new text begin Subd. 8. new text end

new text begin Administrative forfeiture procedure. new text end

new text begin (a) An off-highway vehicle used to
commit a designated offense is subject to administrative forfeiture under this subdivision.
new text end

new text begin (b) When an off-highway vehicle is seized under subdivision 2, or within a
reasonable time after seizure, the appropriate agency shall serve the driver or operator
of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally,
when an off-highway vehicle is seized under subdivision 2, or within a reasonable time
after that, all persons known to have an ownership, possessory, or security interest in the
vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those
vehicles required to be registered under chapter 168, the notification to a person known to
have a security interest in the vehicle is required only if the vehicle is registered under
chapter 168 and the interest is listed on the vehicle's title. Notice mailed by certified mail
to the address shown in Department of Public Safety records is sufficient notice to the
registered owner of the vehicle. For off-highway vehicles not required to be registered
under chapter 168, notice mailed by certified mail to the address shown in the applicable
filing or registration for the vehicle is sufficient notice to a person known to have an
ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given
in the manner provided by law for service of a summons in a civil action.
new text end

new text begin (c) The notice must be in writing and contain:
new text end

new text begin (1) a description of the vehicle seized;
new text end

new text begin (2) the date of the seizure; and
new text end

new text begin (3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially,
the following language must appear conspicuously: "IF YOU DO NOT DEMAND
JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES,
SECTION 84.7741, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL
DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU
MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO
PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE
TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY
FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY
THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS
THAN $500."
new text end

new text begin (d) Within 30 days following service of a notice of seizure and forfeiture under this
subdivision, a claimant may file a demand for a judicial determination of the forfeiture.
The demand must be in the form of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred, together with proof of service of
a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture
and the standard filing fee for civil actions unless the petitioner has the right to sue in
forma pauperis under section 563.01. If the value of the seized property is $7,500 or less,
the claimant may file an action in conciliation court for recovery of the seized vehicle. A
copy of the conciliation court statement of claim must be served personally or by mail on
the prosecuting authority having jurisdiction over the forfeiture within 30 days following
service of the notice of seizure and forfeiture under this subdivision. If the value of the
seized property is less than $500, the claimant does not have to pay the conciliation court
filing fee. No responsive pleading is required of the prosecuting authority and no court
fees may be charged for the prosecuting authority's appearance in the matter. Pleadings,
filings, and methods of service are governed by the Rules of Civil Procedure.
new text end

new text begin (e) The complaint must be captioned in the name of the claimant as plaintiff and
the seized vehicle as defendant and must state with specificity the grounds on which the
claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle
seized, and any affirmative defenses the claimant may have. Notwithstanding any law to
the contrary, an action for the return of an off-highway vehicle seized under this section
may not be maintained by or on behalf of any person who has been served with a notice of
seizure and forfeiture unless the person has complied with this subdivision.
new text end

new text begin (f) If the claimant makes a timely demand for a judicial determination under this
subdivision, the forfeiture proceedings must be conducted according to subdivision 9.
new text end

new text begin Subd. 9. new text end

new text begin Judicial forfeiture procedure. new text end

new text begin (a) This subdivision governs judicial
determinations of the forfeiture of an off-highway vehicle used to commit a designated
offense. An action for forfeiture is a civil in rem action and is independent of any criminal
prosecution. All proceedings are governed by the Rules of Civil Procedure.
new text end

new text begin (b) If no demand for judicial determination of the forfeiture is pending, the
prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
separate complaint against the vehicle, describing it, specifying that it was used in the
commission of a designated offense, and specifying the time and place of its unlawful use.
new text end

new text begin (c) The prosecuting authority may file an answer to a properly served demand
for judicial determination, including an affirmative counterclaim for forfeiture. The
prosecuting authority is not required to file an answer.
new text end

new text begin (d) A judicial determination under this subdivision must not precede adjudication in
the criminal prosecution of the designated offense without the consent of the prosecuting
authority. The district court administrator shall schedule the hearing as soon as practicable
after adjudication in the criminal prosecution. The district court administrator shall
establish procedures to ensure efficient compliance with this subdivision. The hearing is
to the court without a jury.
new text end

new text begin (e) There is a presumption that an off-highway vehicle seized under this section is
subject to forfeiture if the prosecuting authority establishes that the vehicle was used in
the commission of a designated offense. A claimant bears the burden of proving any
affirmative defense raised.
new text end

new text begin (f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of
the offense, the court shall order the property returned to the person legally entitled to it
upon that person's compliance with the redemption requirements of subdivision 12.
new text end

new text begin (g) If the lawful ownership of the vehicle used in the commission of a designated
offense can be determined and the owner makes the demonstration required under
subdivision 7, paragraph (d), the vehicle must be returned immediately upon the owner's
compliance with the redemption requirements of subdivision 12.
new text end

new text begin (h) If the court orders the return of a seized vehicle under this subdivision, it must
order that filing fees be reimbursed to the person who filed the demand for judicial
determination. In addition, the court may order sanctions under section 549.211. Any
reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law
enforcement agency and prosecuting authority involved and in the same proportion as
distributed under subdivision 10, paragraph (b).
new text end

new text begin Subd. 10. new text end

new text begin Disposition of forfeited vehicle. new text end

new text begin (a) If the vehicle is administratively
forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is
subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
new text end

new text begin (1) sell the vehicle and distribute the proceeds under paragraph (b); or
new text end

new text begin (2) keep the vehicle for official use. If the agency keeps a forfeited off-highway
vehicle for official use, the agency shall make reasonable efforts to ensure that the
off-highway vehicle is available for use by the agency's officers who participate in
off-highway vehicle enforcement or education programs.
new text end

new text begin (b) The proceeds from the sale of forfeited vehicles, after payment of seizure,
towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the
property, must be distributed as follows:
new text end

new text begin (1) 70 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the state or local agency's operating fund or similar fund for use
in purchasing equipment for off-highway vehicle enforcement, training, and education; and
new text end

new text begin (2) 30 percent of the money or proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes.
new text end

new text begin Subd. 11. new text end

new text begin Sale of forfeited vehicle by secured party. new text end

new text begin (a) A financial institution
with a valid security interest in or a valid lease covering a forfeited off-highway vehicle
may choose to dispose of the vehicle under this subdivision, in lieu of the appropriate
agency disposing of the vehicle under subdivision 10. A financial institution wishing to
dispose of an off-highway vehicle under this subdivision shall notify the appropriate
agency of its intent, in writing, within 30 days after receiving notice of the seizure and
forfeiture. The appropriate agency shall release the vehicle to the financial institution or
its agent after the financial institution presents proof of its valid security agreement or of
its lease agreement and the financial institution agrees not to sell the vehicle to a family or
household member of the violator, unless the violator is not convicted of the offense on
which the forfeiture is based. The financial institution shall dispose of the vehicle in a
commercially reasonable manner as defined in section 336.9-610.
new text end

new text begin (b) After disposing of the forfeited vehicle, the financial institution shall reimburse
the appropriate agency for its seizure, storage, and forfeiture costs. The financial
institution may then apply the proceeds of the sale to its storage costs, to its sale
expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the
financial institution shall forward the proceeds to the state treasury, which shall credit the
appropriate fund as specified in subdivision 10.
new text end

new text begin Subd. 12. new text end

new text begin Redemption requirements. new text end

new text begin (a) If an off-highway vehicle is seized by a
peace officer for a designated offense, the seized vehicle must be released only:
new text end

new text begin (1) to the registered owner, a person authorized by the registered owner, a lienholder
of record, or a person who has purchased the vehicle from the registered owner, who
provides proof of ownership of the vehicle, proof of valid Minnesota driving privileges,
and proof of insurance required by law to cover the vehicle;
new text end

new text begin (2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee with
valid Minnesota driving privileges who provides a copy of the rental or lease agreement
and proof of insurance required by law to cover the vehicle; or
new text end

new text begin (3) to an agent of a towing company authorized by a registered owner if the owner
provides proof of ownership of the vehicle and proof of insurance required by law to
cover the vehicle.
new text end

new text begin (b) The proof of ownership and insurance or, if applicable, the copy of the rental or
lease agreement required under paragraph (a) must be provided to the law enforcement
agency seizing the vehicle or to a person or entity designated by the law enforcement
agency to receive the information.
new text end

new text begin (c) No law enforcement agency, local unit of government, or state agency is
responsible or financially liable for any storage fees incurred due to a seizure under this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

new text begin [84.7742] RECORD OF VIOLATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Court administrator duties. new text end

new text begin (a) Every court administrator shall
keep a full record of every case in which a person is charged with an off-highway vehicle
gross misdemeanor under section 84.774, paragraph (b).
new text end

new text begin (b) Within ten days after the conviction or forfeiture of bail of a person upon a
charge of a gross misdemeanor off-highway violation, the court administrator of the court
in which the conviction was had or bail was forfeited shall immediately forward to the
Department of Public Safety an abstract of the record of the court covering the case in
which the person was convicted or forfeited bail. The abstract must be certified by the
person required to prepare it to be true and correct.
new text end

new text begin (c) The abstract must be made upon a form furnished by the Department of Public
Safety and shall include the name and address of the party charged, the driver's license
number of the person involved, the nature of the offense, the date of hearing, the plea, the
judgment or whether bail was forfeited, and the amount of the fine or forfeiture, as the
case may be.
new text end

new text begin (d) Every court shall also forward a report to the Department of Public Safety
reporting the conviction of any person of manslaughter or other felony in the commission
of which an off-highway vehicle was used.
new text end

new text begin Subd. 2. new text end

new text begin Inclusion on driving record. new text end

new text begin The commissioner of public safety shall file
all records received under this section for licensed drivers on the driving record of the
licensed driver according to section 171.12.
new text end

Sec. 5.

Minnesota Statutes 2006, section 84.775, subdivision 1, is amended to read:

Subdivision 1.

Civil citation; authority to issue.

(a) A conservation officer or other
licensed peace officer may issue a civil citation to a person who operates:

(1) an off-highway motorcycle in violation of sections 84.773, subdivision 1 or 2,
clause (1); 84.777; 84.788 to 84.795; or 84.90;

(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause
(1); 84.777; 84.798 to 84.804; or 84.90; or

(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause
(1); 84.777; 84.90; or 84.922 to 84.928.

(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:

(1) deleted text begin $100 deleted text end new text begin $250 new text end for the first offense;

(2) deleted text begin $200 deleted text end new text begin $500 new text end for the second offense; and

(3) deleted text begin $500 deleted text end new text begin $1,000 new text end for third and subsequent offenses.

(c) A conservation officer or other licensed peace officer may issue a civil citation to
a person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle
in violation of section 84.773, subdivision 2, clause (2) or (3). A civil citation under this
paragraph shall require restitution for damage to wetlands and impose a penalty of:

(1) $100 for the first offense;

(2) $500 for the second offense; and

(3) $1,000 for third and subsequent offenses.

(d) If the peace officer determines that there is damage to property requiring
restitution, the commissioner must send a written explanation of the extent of the damage
and the cost of the repair by first class mail to the address provided by the person receiving
the citation within 15 days of the date of the citation.

(e) An off-road vehicle or all-terrain vehicle that is equipped with a snorkel device
and receives a civil citation under this section is subject to twice the penalty amounts
in paragraphs (b) and (c).

Sec. 6.

Minnesota Statutes 2007 Supplement, section 84.780, is amended to read:

84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.

(a) The off-highway vehicle damage account is created in the natural resources fund.
Money in the off-highway vehicle damage account is appropriated to the commissioner
of natural resources for new text begin :
new text end

new text begin (1) new text end the repair or restoration of property damaged by the illegal operation of
off-highway vehicles or the operation of off-highway vehicles in an unpermitted area
deleted text begin after August 1, 2003, deleted text end new text begin ;
new text end

new text begin (2) the repair or restoration of driveways that have been damaged from the legal
operation of off-highway vehicles within a public road right-of-way; new text end and deleted text begin for
deleted text end

new text begin (3) new text end the costs of administration for this section.

new text begin (b) new text end Before the commissioner may make a payment from this account, the
commissioner must determine whether the damage to the new text begin applicant's new text end property was caused
by the unpermitted or illegal use of off-highway vehicles deleted text begin , that the applicant has made
reasonable efforts to identify the responsible individual and obtain payment from the
individual, and that the applicant has made reasonable efforts to prevent reoccurrence deleted text end new text begin or
by the legal operation of off-highway vehicles within a public road right-of-way new text end .

deleted text begin (b) deleted text end new text begin (c) new text end Determinations of the commissioner under this section may be made by
written order and are exempt from the rulemaking provisions of chapter 14. Section
14.386 does not apply.

deleted text begin (c) deleted text end new text begin (d) new text end Money in the account is available until expended.

Sec. 7.

Minnesota Statutes 2006, section 84.797, subdivision 6, is amended to read:

Subd. 6.

Off-road.

"Off-road" means on deleted text begin trails or deleted text end nonpublic roads or for
cross-country travel on natural terrain. For purposes of sections 84.797 to deleted text begin 84.805 deleted text end new text begin 84.804 new text end ,
nonpublic roads include state forest roads, county forest roads, and other roads deleted text begin and trails deleted text end
that are not operated by a public road authority as defined in section 160.02, subdivision 25.

Sec. 8.

Minnesota Statutes 2006, section 84.797, subdivision 12, is amended to read:

Subd. 12.

Off-road vehicle staging area.

"Off-road vehicle staging area" means
a parking lot, deleted text begin trail head, deleted text end campground, or other location to or from which an off-road
vehicle is transported by truck, trailer, or other motor vehicle so that it may be placed into
operation or removed from operation on public lands. Off-road vehicle staging area does
not include a location to which an off-road vehicle is transported primarily for servicing,
maintenance, repair, storage, or sale.

Sec. 9.

Minnesota Statutes 2006, section 84.802, is amended to read:

84.802 YOUTHFUL OPERATORS; PROHIBITIONS.

(a) A person under 16 years of age may not operate an off-road vehicle.

(b) deleted text begin Except for operation on public road rights-of-way that is permitted under section
84.804, deleted text end A driver's license issued by the state or another state is required to operate an
off-road vehicle deleted text begin along or deleted text end on a public road right-of-way.

(c) An owner of an off-road vehicle may not knowingly allow it to be operated in
violation of this section.

Sec. 10.

Minnesota Statutes 2006, section 84.803, is amended to read:

84.803 OFF-ROAD VEHICLE ACCOUNT; RECEIPTS AND ALLOCATIONS.

Subdivision 1.

Registration revenue.

Fees from the registration of off-road vehicles
deleted text begin and unrefunded gasoline tax attributable to off-road vehicle use under section 296A.18 deleted text end
must be deposited in the state treasury and credited to the off-road vehicle account in
the natural resources fund.

Subd. 2.

Purposes.

Subject to appropriation by the legislature, money in the
off-road vehicle account may only be spent for:

(1) administration, enforcement, and implementation of sections 84.773 to deleted text begin 84.805 deleted text end new text begin
84.804 new text end ;

(2) acquisition, maintenance, and development of off-road vehicle deleted text begin trails and deleted text end use
areas;

(3) grant-in-aid programs to counties and municipalities to construct and maintain
off-road vehicle deleted text begin trails and deleted text end use areas;

(4) grants-in-aid to local safety programs; and

(5) enforcement and public education grants to local law enforcement agencies.

Sec. 11.

Minnesota Statutes 2006, section 84.804, subdivision 1, is amended to read:

Subdivision 1.

Operation on public road rights-of-way.

deleted text begin (a) deleted text end A person may not
operate deleted text begin a deleted text end new text begin an off-road new text end vehicle off-road within a public road right-of-way in this state deleted text begin except
on a trail designated by the commissioner and approved by the unit of government having
jurisdiction over the right-of-way deleted text end .

deleted text begin (b) A person may not operate a vehicle off-road within a public road right-of-way
between the hours of one-half hour after sunset to one-half hour before sunrise, except
on the right-hand side of the right-of-way and in the same direction as traffic on the
nearest lane of the road.
deleted text end

deleted text begin (c) A person may not operate an off-road vehicle within the right-of-way of an
interstate highway.
deleted text end

Sec. 12.

Minnesota Statutes 2006, section 84.804, subdivision 2, is amended to read:

Subd. 2.

Crossing public road rights-of-way.

(a) deleted text begin An off-road vehicle not
registered under chapter 168 may make a direct crossing of a public road right-of-way for
the purpose of continuing on a designated off-road trail if:
deleted text end

deleted text begin (1) the crossing is made at an angle of approximately 90 degrees to the direction of
the road and at a place where no obstruction prevents a quick and safe crossing;
deleted text end

deleted text begin (2) the vehicle is brought to a complete stop before crossing the shoulder or main
traveled way of the road;
deleted text end

deleted text begin (3) the driver yields the right-of-way to all traffic;
deleted text end

deleted text begin (4) in crossing a divided road, the crossing is made only at an intersection of the
road with another public road; and
deleted text end

deleted text begin (5) if the crossing is made between the hours of one-half hour after sunset to
one-half hour before sunrise or in conditions of reduced visibility, only if both front and
rear lights are on.
deleted text end

deleted text begin (b) deleted text end An off-road vehicle not registered under chapter 168 may be operated on a
bridge, other than a bridge that is part of the main traveled lanes of an interstate highway,
or a roadway shoulder or inside bank of a public road right-of-way when required to avoid
obstructions to travel and no other method of avoidance is possible, provided that the
vehicle is operated in the farthest right-hand lane, the entrance to the roadway is made
within 100 feet of the bridge or obstacle, and the crossing is made without undue delay.

deleted text begin (c) deleted text end new text begin (b) new text end A person may not operate an off-road vehicle on a public street or highway
unless the off-road vehicle is equipped with at least one headlight and one taillight, each
of minimum candlepower as prescribed by rules of the commissioner, and with brakes
conforming to standards prescribed by rule of the commissioner, and all of which are
subject to the approval of the commissioner of public safety.

deleted text begin (d) deleted text end new text begin (c) new text end Chapter 169 applies to the operation of off-road vehicles on streets and
highways, except that those provisions that by their nature have no application and those
provisions relating to required equipment do not apply to vehicles not registered under
chapter 168. Chapter 169A applies to the operation of off-road vehicles anywhere in the
state and on the ice of boundary waters.

deleted text begin (e) A road authority, as defined in section 160.02, subdivision 25, may, with the
approval of the commissioner, designate access trails on public road rights-of-way for
gaining access to established off-road vehicle trails.
deleted text end

Sec. 13.

Minnesota Statutes 2006, section 84.804, subdivision 3, is amended to read:

Subd. 3.

Operation generally.

A person may not drive or operate deleted text begin a deleted text end new text begin an off-road new text end
vehicle off-road:

(1) at a rate of speed greater than is reasonable under the surrounding circumstances;

(2) in a careless, reckless, or negligent manner which may endanger or cause injury
or damage to the person or property of another;

(3) without a functioning stoplight if so equipped;

(4) in a tree nursery or planting in a manner that damages or destroys growing stock;

(5) without a brake operational by either hand or foot; deleted text begin or
deleted text end

(6) new text begin on forest lands under the authority of the commissioner, as defined in section
89.001, subdivision 13, other than inventoried forest roads; or
new text end

new text begin (7) new text end in a manner that violates rules adopted by the commissioner.

Sec. 14.

Minnesota Statutes 2006, section 84.922, subdivision 2, is amended to read:

Subd. 2.

Application, issuance, reports.

(a) Application for registration or
continued registration shall be made to the commissioner or an authorized deputy registrar
of motor vehicles in a form prescribed by the commissioner. The form must state the name
and address of every owner of the vehicle.

(b) A person who purchases an all-terrain vehicle from a retail dealer shall make
application for registration to the dealer at the point of sale. The dealer shall issue a
dealer temporary ten-day registration permit to each purchaser who applies to the dealer
for registration. The dealer shall submit the completed registration application and fees
to the deputy registrar at least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner
or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
registration number or a commissioner or deputy registrar temporary ten-day permit.
Once issued, the registration number must be affixed to the vehicle in a manner prescribed
by the commissioner. A dealer subject to paragraph (b) shall provide the registration
materials or temporary permit to the purchaser within the ten-day temporary permit
period. The commissioner shall use the snowmobile registration system to register
vehicles under this section.

(d) Each deputy registrar of motor vehicles acting under section 168.33, is also
a deputy registrar of all-terrain vehicles. The commissioner of natural resources in
agreement with the commissioner of public safety may prescribe the accounting and
procedural requirements necessary to assure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with the accounting and
procedural requirements.

(e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged
for each all-terrain vehicle registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged for each all-terrain vehicle
registration and registration transfer issued by:

(1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where
the deputy is appointed, or retained if the deputy is not a public official; or

(2) the commissioner and shall be deposited to the state treasury and credited to the
all-terrain vehicle account in the natural resources fund.

new text begin (f) The registration numbers and decal must be displayed on plates that are not
less than six inches high and 12 inches wide, clearly visible on the front and back of the
vehicle, and at least 12 inches from the ground. The plates, registration numbers, and
registration decal must be maintained in a clear and legible condition. Letters and numbers
on the plates shall be at least three inches high and not less than one-half inch wide.
new text end

Sec. 15.

Minnesota Statutes 2006, section 84.928, subdivision 2, is amended to read:

Subd. 2.

Operation generally.

A person may not drive or operate an all-terrain
vehicle:

(1) at a rate of speed greater than reasonable or proper under the surrounding
circumstances;

(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or
damage to the person or property of another;

(3) without headlight and taillight lighted at all times if the vehicle is equipped
with headlight and taillight;

(4) without a functioning stoplight if so equipped;

(5) in a tree nursery or planting in a manner that damages or destroys growing stock;

(6) without a brake operational by either hand or foot;

(7) with more than one person on the vehicle, except as allowed under section
84.9257;

(8) new text begin after December 31, 2006, on public lands with tires that have a tread depth
of greater than one-fourth inch;
new text end

new text begin (9) new text end at a speed exceeding ten miles per hour on the frozen surface of public waters
within 100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing
shelter;

deleted text begin (9) deleted text end new text begin (10) on public lands or public waters new text end with a snorkel device that has a raised air
intake six inches or more above the vehicle manufacturer's original air intake deleted text begin , except
within the Iron Range Off-Highway Vehicle Recreation Area as described in section
85.013, subdivision 12a, or other public off-highway vehicle recreation areas deleted text end ; or

deleted text begin (10) deleted text end new text begin (11) new text end in a manner that violates operation rules adopted by the commissioner.

Sec. 16.

Minnesota Statutes 2006, section 97A.315, subdivision 2, is amended to read:

Subd. 2.

License revocations.

(a) If a person is convicted of trespassing under
subdivision 1 while exercising or attempting to exercise an activity licensed under the
game and fish laws deleted text begin or deleted text end new text begin , requiring off-highway motorcycle registration under section
84.788, requiring off-road vehicle registration under section 84.798, new text end requiring snowmobile
registration under section 84.82, new text begin or requiring all-terrain vehicle registration under section
84.922, new text end the applicable license and registration are null and void.

(b) A person convicted of a gross misdemeanor under subdivision 1, paragraph (b),
may not be issued a license to take game for two years after the conviction.

Sec. 17. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each section of Minnesota Statutes referred to in column A, the revisor of statutes
shall delete the reference in column B and insert the reference in column C.
new text end

new text begin Column A new text end	new text begin Column B new text end	new text begin Column C new text end
new text begin 84.777 new text end	new text begin 84.805 new text end	new text begin 84.804 new text end
new text begin 84.777 new text end	new text begin 84.929 new text end	new text begin 84.928 new text end
new text begin 84.787, subd. 1 new text end	new text begin 84.796 new text end	new text begin 84.795 new text end
new text begin 84.788, subd. 9 new text end	new text begin 84.796 new text end	new text begin 84.795 new text end
new text begin 84.791, subd. 4 new text end	new text begin 84.796 new text end	new text begin 84.795 new text end
new text begin 84.794, subd. 2 new text end	new text begin 84.796 new text end	new text begin 84.795 new text end
new text begin 84.795, subd. 8 new text end	new text begin 84.796 new text end	new text begin 84.795 new text end
new text begin 84.797, subd. 1 new text end	new text begin 84.805 new text end	new text begin 84.804 new text end
new text begin 84.798, subd. 8 new text end	new text begin 84.805 new text end	new text begin 84.804 new text end
new text begin 84.804, subd. 6 new text end	new text begin 84.805 new text end	new text begin 84.804 new text end
new text begin 84.92, subd. 1 new text end	new text begin 84.929 new text end	new text begin 84.928 new text end
new text begin 84.922, subd. 9 new text end	new text begin 84.929 new text end	new text begin 84.928 new text end
new text begin 84.925, subd. 3 new text end	new text begin 84.929 new text end	new text begin 84.928 new text end
new text begin 84.9256, subd. 4 new text end	new text begin 84.929 new text end	new text begin 84.928 new text end
new text begin 84.927, subd. 2 new text end	new text begin 84.929 new text end	new text begin 84.928 new text end
new text begin 84.928, subd. 1 new text end	new text begin 84.929 new text end	new text begin 84.928 new text end
new text begin 84.928, subd. 6 new text end	new text begin 84.929 new text end	new text begin 84.928 new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 84.796; 84.805; and 296A.18, subdivision 6, new text end new text begin are
repealed.
new text end

new text begin Minnesota Statutes 2007 Supplement, section 84.929, new text end new text begin is repealed.
new text end