HF 4349

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 11:38am

A bill for an act
relating to natural resources; increasing civil penalties for violations of snowmobile
and off-highway vehicle provisions; amending Minnesota Statutes 2018, section
84.775, subdivision 4; Minnesota Statutes 2019 Supplement, section 84.775,
subdivision 1.

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

Section 1.

Minnesota Statutes 2019 Supplement, 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; or 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; or 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.;

(4) a snowmobile in violation of sections 84.777 or 84.82 to 84.872; or

(5) an off-highway motorcycle, an off-road vehicle, an all-terrain vehicle, or a snowmobile
in violation of trespass provisions under section 84.90 or 97B.001.

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

(1) $100 $250 for the first offense;

(2) $200 $500 for the second offense; and

(3) $500 $1,000 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 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. 2.

Minnesota Statutes 2018, section 84.775, subdivision 4, is amended to read:

Subd. 4.

Allocating penalty amounts.

Penalty amounts collected from civil citations
issued under this section must be paid to the treasury of the unit of government employing
the officer that issued the civil citation. Penalties retained by the commissioner shall be
credited as follows: to the off-highway motorcycle account under section 84.794 for citations
involving off-highway motorcycles; to the off-road vehicle account under section 84.803
for citations involving off-road vehicles; or to the all-terrain vehicle account under section
84.927 for citations involving all-terrain vehicles; or to the snowmobile trails and enforcement
account under section 84.83 for citations involving snowmobiles. Penalty amounts credited
under this subdivision are dedicated for the enforcement of enforcing off-highway vehicle
laws or for enforcing snowmobile laws.