HF 487

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to natural resources; modifying all-terrain vehicle registration
exemptions; requiring nonresident all-terrain vehicle operators to possess a state
trail pass; amending Minnesota Statutes 2008, sections 84.0835, subdivision 3;
84.922, subdivision 1a; proposing coding for new law in Minnesota Statutes,
chapter 84.

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

Section 1.

Minnesota Statutes 2008, section 84.0835, subdivision 3, is amended to read:

Subd. 3.

Citation authority.

Employees designated by the commissioner under
subdivision 1 may issue citations, as specifically authorized under this subdivision, for
violations of:

(1) sections 85.052, subdivision 3 (payment of camping fees in state parks),
85.45, subdivision 1 (cross-country ski pass), deleted text begin and deleted text end 85.46 (horse trail pass) new text begin , and 84.9275
(nonresident all-terrain vehicle state trail pass) new text end ;

(2) rules relating to hours and days of operation, restricted areas, noise, fireworks,
environmental protection, fires and refuse, pets, picnicking, camping and dispersed
camping, nonmotorized uses, construction of unauthorized permanent trails, mooring of
boats, fish cleaning, swimming, storage and abandonment of personal property, structures
and stands, animal trespass, state park individual and group motor vehicle permits,
licensed motor vehicles, designated roads, and snowmobile operation off trails;

(3) rules relating to off-highway vehicle registration, display of registration numbers,
required equipment, operation restrictions, off-trail use for hunting and trapping, and
operation in lakes, rivers, and streams;

(4) rules relating to off-highway vehicle and snowmobile operation causing damage
or in closed areas within the Richard J. Dorer Memorial Hardwood State Forest;

(5) rules relating to parking, snow removal, and damage on state forest roads; and

(6) rules relating to controlled hunting zones on major wildlife management units.

Sec. 2.

Minnesota Statutes 2008, section 84.922, subdivision 1a, is amended to read:

Subd. 1a.

Exemptions.

All-terrain vehicles exempt from registration are:

(1) vehicles owned and used by the United States, the state, another state, or a
political subdivision;

(2) vehicles registered in another state or country that have not been in this state for
more than 30 consecutive days;

new text begin (3) vehicles that:
new text end

new text begin (i) are owned by a resident of another state or country that does not require
registration of all-terrain vehicles;
new text end

new text begin (ii) have not been in this state for more than 30 consecutive days; and
new text end

new text begin (iii) are operated on state and grant-in-aid trails by a nonresident possessing a
nonresident all-terrain vehicle state trail pass;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end vehicles used exclusively in organized track racing events; and

deleted text begin (4) deleted text end new text begin (5) new text end vehicles that are 25 years old or older and were originally produced as a
separate identifiable make by a manufacturer.

Sec. 3.

new text begin [84.9275] NONRESIDENT ALL-TERRAIN VEHICLE STATE TRAIL
PASS.
new text end

new text begin Subdivision 1. new text end

new text begin Pass required; fee. new text end

new text begin (a) A nonresident may not operate an all-terrain
vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid
nonresident all-terrain vehicle state trail pass in immediate possession. The pass must
be available for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.
new text end

new text begin (b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the all-terrain vehicle account in the natural
resources fund and, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to
counties and municipalities for all-terrain vehicle organizations to construct and maintain
all-terrain vehicle trails and use areas.
new text end

new text begin (c) A nonresident all-terrain vehicle state trail pass is not required for:
new text end

new text begin (1) an all-terrain vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.922,
subdivision 1a; or
new text end

new text begin (2) a person operating an all-terrain vehicle only on the portion of a trail that is
owned by the person or the person's spouse, child, or parent.
new text end

new text begin Subd. 2. new text end

new text begin License agents. new text end

new text begin The commissioner may appoint agents to issue and sell
nonresident all-terrain vehicle state trail passes. The commissioner may revoke the
appointment of an agent at any time. The commissioner may adopt additional rules as
provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
by the commissioner for accounting and handling of passes pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Issuance of passes. new text end

new text begin The commissioner and agents shall issue and sell
nonresident all-terrain vehicle state trail passes. The commissioner shall also make the
passes available through the electronic licensing system established under section 84.027,
subdivision 15.
new text end

new text begin Subd. 4. new text end

new text begin Agent's fee. new text end

new text begin In addition to the fee for a pass, an issuing fee of $1 per pass
shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
passes issued by the commissioner shall be deposited in the all-terrain vehicle account in
the natural resources fund and retained for the operation of the electronic licensing system.
new text end

new text begin Subd. 5. new text end

new text begin Duplicate passes. new text end

new text begin The commissioner and agents shall issue a duplicate
pass to persons whose pass is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
all-terrain vehicle state trail pass is $2, with an issuing fee of 50 cents.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective January 1, 2010.
new text end