HF 770

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to recreational vehicles; requiring 
  1.3             snowmobile owners to have liability insurance; 
  1.4             increasing fees; requiring a snowmobile safety 
  1.5             certificate; imposing night speed limit; requiring a 
  1.6             driver's license to operate certain snowmobiles; 
  1.7             permitting local control of snowmobile speeds; 
  1.8             providing for forfeiture and impoundment of 
  1.9             recreational motor vehicles for certain violations; 
  1.10            requiring certain posting of snowmobile trails; 
  1.11            imposing a tax on the sale of used snowmobiles; 
  1.12            establishing snowmobile safety advisory task force; 
  1.13            appropriating money; providing penalties; amending 
  1.14            Minnesota Statutes 1996, sections 62I.02, subdivision 
  1.15            1, and by adding a subdivision; 84.82, subdivisions 2 
  1.16            and 3; 84.83, subdivision 3; 84.87, subdivisions 2, 
  1.17            2c, 3, and by adding a subdivision; 84.872, by adding 
  1.18            a subdivision; 84.873; 84.88, subdivision 2; 84.90, 
  1.19            subdivisions 1, 7, and by adding a subdivision; 84.91, 
  1.20            subdivision 6, and by adding a subdivision; 84.912, 
  1.21            subdivisions 1 and 9; 296.16, subdivision 1; 297A.02, 
  1.22            by adding a subdivision; and 297A.44, subdivision 1; 
  1.23            proposing coding for new law in Minnesota Statutes, 
  1.24            chapters 84; and 85. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  [TITLE.] 
  1.27     This act shall be called the "Joshua Renken and Stacey 
  1.28  Schlosser Snowmobile Safety Act." 
  1.29     Sec. 2.  Minnesota Statutes 1996, section 62I.02, 
  1.30  subdivision 1, is amended to read: 
  1.31     Subdivision 1.  [CREATION.] The Minnesota joint 
  1.32  underwriting association is created to provide insurance 
  1.33  coverage to any person or entity unable to obtain insurance 
  1.34  through ordinary methods if the insurance is required by 
  1.35  statute, ordinance, or otherwise required by law, or is 
  2.1   necessary to earn a livelihood or conduct a business and serves 
  2.2   a public purpose, including, but not limited to, liquor 
  2.3   liability.  Prudent business practice or mere desire to have 
  2.4   insurance coverage is not a sufficient standard for the 
  2.5   association to offer insurance coverage to a person or entity.  
  2.6   For purposes of this subdivision, directors' and officers' 
  2.7   liability insurance is considered to be a business necessity and 
  2.8   not merely a prudent business practice.  The association shall 
  2.9   be specifically authorized to provide insurance coverage to day 
  2.10  care providers, foster parents, foster homes, developmental 
  2.11  achievement centers, group homes, and rehabilitation facilities 
  2.12  for mentally, emotionally, or physically handicapped persons, 
  2.13  and citizen participation groups established pursuant to the 
  2.14  housing and community redevelopment act of 1974, Public Law 
  2.15  Number 93-383.  The association is specifically authorized to 
  2.16  provide insurance coverage for snowmobile liability.  Because 
  2.17  the activities of certain persons or entities present a risk 
  2.18  that is so great, the association shall not offer insurance 
  2.19  coverage to any person or entity the board of directors of the 
  2.20  association determines is outside the intended scope and purpose 
  2.21  of the association because of the gravity of the risk of 
  2.22  offering insurance coverage.  The association shall not offer 
  2.23  environmental impairment liability or product liability 
  2.24  insurance.  The association shall not offer coverage for 
  2.25  activities that are conducted substantially outside the state of 
  2.26  Minnesota unless the insurance is required by statute, 
  2.27  ordinance, or otherwise required by law.  Every insurer 
  2.28  authorized to write property and casualty insurance and personal 
  2.29  injury liability insurance in this state shall be a member of 
  2.30  the association as a condition to obtaining and retaining a 
  2.31  license to write insurance in this state. 
  2.32     Sec. 3.  Minnesota Statutes 1996, section 62I.02, is 
  2.33  amended by adding a subdivision to read: 
  2.34     Subd. 4a.  [SNOWMOBILE LIABILITY.] Policies and contracts 
  2.35  of coverage issued under this section for the purposes of 
  2.36  providing snowmobile liability insurance must contain the usual 
  3.1   and customary provisions of liability insurance policies and 
  3.2   must contain at least the minimum coverage required by section 
  3.3   84.861, subdivision 2. 
  3.4      Sec. 4.  Minnesota Statutes 1996, section 84.82, 
  3.5   subdivision 2, is amended to read: 
  3.6      Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
  3.7   (a) Application for registration or reregistration shall be made 
  3.8   to the commissioner of natural resources, or the commissioner of 
  3.9   public safety or an authorized deputy registrar of motor 
  3.10  vehicles in such form as the commissioner of public safety shall 
  3.11  prescribe, and shall state the legal name and address of every 
  3.12  owner of the snowmobile and be signed by at least one owner.  
  3.13     (b) A person who purchases a snowmobile from a retail 
  3.14  dealer shall make application for registration to the dealer at 
  3.15  the point of sale.  The dealer shall issue a temporary 
  3.16  registration permit to each purchaser who applies to the dealer 
  3.17  for registration.  The temporary registration is valid for 60 
  3.18  days from the date of issue.  Each retail dealer shall submit 
  3.19  completed registration and fees to the deputy registrar at least 
  3.20  once a week.  Upon receipt of the application and the 
  3.21  appropriate fee as hereinafter provided, such snowmobile shall 
  3.22  be registered and a registration number assigned which shall be 
  3.23  affixed to the snowmobile in such a clearly visible and 
  3.24  permanent manner for enforcement purposes as the commissioner of 
  3.25  natural resources shall prescribe. 
  3.26     (c) Each deputy registrar of motor vehicles acting pursuant 
  3.27  to section 168.33, shall also be a deputy registrar of 
  3.28  snowmobiles.  The commissioner of natural resources in agreement 
  3.29  with the commissioner of public safety may prescribe the 
  3.30  accounting and procedural requirements necessary to assure 
  3.31  efficient handling of registrations and registration fees.  
  3.32  Deputy registrars shall strictly comply with these accounting 
  3.33  and procedural requirements.  
  3.34     (d) A fee of $2 in addition to that otherwise prescribed by 
  3.35  law shall be charged for: 
  3.36     (1) each snowmobile registered by the registrar or a deputy 
  4.1   registrar and the additional fee shall be disposed of in the 
  4.2   manner provided in section 168.33, subdivision 2; or 
  4.3      (2) each snowmobile registered by the commissioner and the 
  4.4   additional fee shall be deposited in the state treasury and 
  4.5   credited to the snowmobile trails and enforcement account in the 
  4.6   natural resources fund.  
  4.7      (e) A fee of $5 annually, in addition to that otherwise 
  4.8   prescribed by law, shall be charged for each snowmobile equipped 
  4.9   with over 50 metal studs. 
  4.10     (f) The fee in paragraph (e) must be deposited in the state 
  4.11  treasury and credited to the snowmobile trails and enforcement 
  4.12  account in the natural resources fund.  Money collected under 
  4.13  paragraph (e) is appropriated to the commissioner of natural 
  4.14  resources for enforcement equipment to ensure snowmobile safety. 
  4.15     Sec. 5.  Minnesota Statutes 1996, section 84.82, 
  4.16  subdivision 3, is amended to read: 
  4.17     Subd. 3.  [FEES FOR REGISTRATION.] (a) The fee for 
  4.18  registration of each snowmobile, other than those used for an 
  4.19  agricultural purpose, as defined in section 84.92, subdivision 
  4.20  1c, or those registered by a dealer or manufacturer pursuant to 
  4.21  clause (b) or (c) shall be as follows:  $30 $60 for three years 
  4.22  and $4 for a duplicate or transfer. 
  4.23     (b) The total registration fee for all snowmobiles owned by 
  4.24  a dealer and operated for demonstration or testing purposes 
  4.25  shall be $50 per year. 
  4.26     (c) The total registration fee for all snowmobiles owned by 
  4.27  a manufacturer and operated for research, testing, 
  4.28  experimentation, or demonstration purposes shall be $150 per 
  4.29  year.  Dealer and manufacturer registrations are not 
  4.30  transferable. 
  4.31     Sec. 6.  Minnesota Statutes 1996, section 84.83, 
  4.32  subdivision 3, is amended to read: 
  4.33     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] (a) The money 
  4.34  deposited in the account and interest earned on that money may 
  4.35  be expended only as appropriated by law for in the 
  4.36  following purposes manner:  
  5.1      (1) 50 percent annually for a grant-in-aid program to 
  5.2   counties and municipalities for construction and, maintenance, 
  5.3   and safety posting of snowmobile trails, of which 35 percent is 
  5.4   for construction, trail grooming, and lease clarification, and 
  5.5   15 percent is for nongrooming trail safety improvements and 
  5.6   snowmobile safety education; 
  5.7      (2) 25 percent annually for acquisition, development, and 
  5.8   maintenance, and administration of state recreational snowmobile 
  5.9   trails; 
  5.10     (3) for snowmobile safety programs; and 
  5.11     (4) (3) 25 percent annually for the administration and 
  5.12  enforcement of sections 84.81 to 84.90 snowmobile enforcement 
  5.13  utilizing local government enforcement and trained volunteers to 
  5.14  the greatest extent practicable. 
  5.15     (b) The grant-in-aid money in paragraph (a), clause (1), 
  5.16  must be prorated to local governments based on the miles of 
  5.17  snowmobile trails that are located in each jurisdiction.  
  5.18     Sec. 7.  [84.861] [LIABILITY INSURANCE REQUIRED.] 
  5.19     Subdivision 1.  [REQUIREMENT.] An owner of a snowmobile 
  5.20  that has an engine displacement over 440 cubic centimeters must 
  5.21  obtain and maintain liability insurance that meets the 
  5.22  requirements of this section.  The liability insurance may be a 
  5.23  separate snowmobile policy or a rider to another type of 
  5.24  policy.  For purposes of this section, "policy" means coverage 
  5.25  provided in either form. 
  5.26     Subd. 2.  [REQUIRED PROVISIONS.] A snowmobile liability 
  5.27  insurance policy required under subdivision 1 shall, at a 
  5.28  minimum: 
  5.29     (1) state the name and address of the named insured, the 
  5.30  name and address of the insurer, the policy number, the coverage 
  5.31  provided by the policy, the premium charged, the term, the 
  5.32  limits of liability, the snowmobile maker's permanent 
  5.33  identification number if the snowmobile has one, and the 
  5.34  snowmobile's registration number; 
  5.35     (2) state that the coverage meets at least the minimum 
  5.36  requirements of this section; 
  6.1      (3) have stated limits of liability, exclusive of interest 
  6.2   and costs, with respect to each snowmobile that the policy 
  6.3   covers, of not less than $30,000 for bodily injury to one person 
  6.4   in any one accident and, subject to that limit for one person, 
  6.5   of not less than $60,000 for bodily injury to two or more 
  6.6   persons in any one accident; and 
  6.7      (4) obligate the insurer to pay, on behalf of the insured 
  6.8   or anyone else using the snowmobile with the owner's permission, 
  6.9   amounts that the insured or other user is legally obligated to 
  6.10  pay as damages for bodily injury arising out of the ownership, 
  6.11  maintenance, or use of a snowmobile if the injury occurs within 
  6.12  the United States or Canada. 
  6.13     Subd. 3.  [PROOF OF INSURANCE REQUIRED.] (a) A snowmobile 
  6.14  registration or title transfer shall not be granted unless the 
  6.15  owner displays proof of insurance under this section at the time 
  6.16  of application. 
  6.17     (b) A snowmobile user shall have proof of insurance in 
  6.18  possession at all times while using the snowmobile and shall 
  6.19  display it on demand of a conservation officer of the department 
  6.20  of natural resources or other peace officer as defined in 
  6.21  section 626.84. 
  6.22     Subd. 4.  [SEASONAL COVERAGE PERMITTED.] This section does 
  6.23  not require liability coverage to be in effect between April 15 
  6.24  and October 15. 
  6.25     Subd. 5.  [NONCONFORMING COVERAGE PROHIBITED.] No policy 
  6.26  covering a snowmobile, including a policy providing only 
  6.27  property insurance, shall be issued or renewed to cover any 
  6.28  period between October 15 and April 15 unless the policy 
  6.29  provides liability insurance as required under this subdivision. 
  6.30     Subd. 6.  [MINNESOTA JOINT UNDERWRITING ASSOCIATION.] The 
  6.31  market assistance plan of the Minnesota joint underwriting 
  6.32  association shall assist persons in obtaining insurance 
  6.33  coverage.  The Minnesota joint underwriting association shall 
  6.34  provide coverage required by this section to persons who are 
  6.35  otherwise rejected for insurance coverage.  
  6.36     Subd. 7.  [IMPOUNDMENT.] (a) A snowmobile shall be 
  7.1   impounded in accordance with this subdivision for a violation of 
  7.2   subdivision 1 or 3, paragraph (b).  As used in this subdivision, 
  7.3   "impoundment" means the removal of a snowmobile to a storage 
  7.4   facility or impound lot. 
  7.5      (b) An impounded snowmobile shall be released from 
  7.6   impoundment to the registered owner, a person authorized by the 
  7.7   registered owner, a lienholder of record, or a person who has 
  7.8   purchased the vehicle from the registered owner, who provides 
  7.9   proof of ownership of the snowmobile and proof of insurance 
  7.10  required under this section. 
  7.11     (c) Proof of ownership and insurance shall be provided to 
  7.12  the law enforcement agency impounding the vehicle or to a person 
  7.13  or entity designated by the law enforcement agency to receive 
  7.14  the information. 
  7.15     (d) No law enforcement agency, local unit of government, or 
  7.16  state agency is responsible or financially liable for any 
  7.17  storage fees incurred due to an impoundment under this section. 
  7.18     (e) An impounded snowmobile is eligible for forfeiture 
  7.19  under section 84.912 45 days after the date of impoundment. 
  7.20     Sec. 8.  [84.862] [SNOWMOBILE SAFETY CERTIFICATE REQUIRED.] 
  7.21     By October 1, 1999, all operators of a snowmobile must have 
  7.22  completed the safety education and training course established 
  7.23  in section 84.86 and must have in possession a snowmobile safety 
  7.24  certificate issued by the commissioner.  Persons born after 1970 
  7.25  must possess a snowmobile safety certificate by October 1, 1997. 
  7.26  Persons born from 1950 to 1970 must possess a snowmobile safety 
  7.27  certificate by October 1, 1998. 
  7.28     Sec. 9.  Minnesota Statutes 1996, section 84.87, 
  7.29  subdivision 2, is amended to read: 
  7.30     Subd. 2.  [OPERATION GENERALLY.] It shall be unlawful for 
  7.31  any person to drive or operate any snowmobile in the following 
  7.32  unsafe or harassing ways: 
  7.33     (a) (1) at a rate of speed greater than reasonable or 
  7.34  proper under all the surrounding circumstances; 
  7.35     (b) (2) in a careless, reckless or negligent manner so as 
  7.36  to endanger the person or property of another or to cause injury 
  8.1   or damage thereto; 
  8.2      (c) (3) without a lighted head and taillight when required 
  8.3   for safety; 
  8.4      (d) (4) in any tree nursery or planting in a manner which 
  8.5   damages or destroys growing stock; or 
  8.6      (5) at a speed in excess of 30 miles per hour after sunset. 
  8.7      Sec. 10.  Minnesota Statutes 1996, section 84.87, 
  8.8   subdivision 2c, is amended to read: 
  8.9      Subd. 2c.  [APPLICATION OF SPEED LIMITS TO TESTING 
  8.10  ACTIVITIES.] (a) A speed limit prescribed under subdivision 2 or 
  8.11  established by the commissioner in rules adopted under section 
  8.12  84.86 does not apply to a snowmobile that is being operated as 
  8.13  part of a testing program established by a snowmobile 
  8.14  manufacturer if: 
  8.15     (1) the snowmobile is operated for testing purposes by a 
  8.16  driver employed by the snowmobile manufacturer; 
  8.17     (2) the snowmobile is clearly marked as a test machine; and 
  8.18     (3) the snowmobile is operated in compliance with all other 
  8.19  applicable laws and rules. 
  8.20     (b) A card containing a photograph of the driver and 
  8.21  identifying the driver as a test driver for the manufacturer 
  8.22  must be in the driver's possession at all times when the 
  8.23  snowmobile is being operated at a speed in excess of the limit 
  8.24  established by the commissioner under section 84.86. 
  8.25     Sec. 11.  Minnesota Statutes 1996, section 84.87, 
  8.26  subdivision 3, is amended to read: 
  8.27     Subd. 3.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] (a) 
  8.28  Notwithstanding anything in this section to the contrary, a 
  8.29  county board may by resolution permit the operation of 
  8.30  snowmobiles upon the roadway, shoulder, or inside bank or slope 
  8.31  of any county highway or county state aid highway if safe 
  8.32  operation in the ditch or outside bank or slope thereof is 
  8.33  impossible, in which case the county board shall cause 
  8.34  appropriate notice thereof to be given. 
  8.35     (b) Any county, city, or any town acting by its town board, 
  8.36  may regulate the operation of snowmobiles on public lands, 
  9.1   waters, and property under their jurisdiction and on streets and 
  9.2   highways within their boundaries by resolution or ordinance of 
  9.3   the governing body and by giving appropriate notice, provided 
  9.4   such regulations are not inconsistent with the provisions of 
  9.5   sections 84.81 to 84.88 inclusive and rules promulgated 
  9.6   thereunder.  However, no such governmental unit may adopt an 
  9.7   ordinance which (1) imposes a fee for the use of public land or 
  9.8   water under the jurisdiction of either the commissioner of 
  9.9   natural resources or any other agency of the state, or for the 
  9.10  use of any access thereto owned by the state, or a county or 
  9.11  city; or (2) require a snowmobile operator to possess a motor 
  9.12  vehicle driver's license while operating a snowmobile. 
  9.13     (c) Where snowmobiles are permitted by law to travel on a 
  9.14  county highway, county state aid highway, or town or city 
  9.15  street, the county, town, or city may establish a maximum speed 
  9.16  for snowmobiles that is ten miles per hour below the posted 
  9.17  maximum speed for automobile traffic. 
  9.18     Sec. 12.  Minnesota Statutes 1996, section 84.87, is 
  9.19  amended by adding a subdivision to read: 
  9.20     Subd. 4.  [COOPERATION IN REGULATION.] The commissioner, a 
  9.21  political subdivision, a local snowmobile club, or other 
  9.22  interested public or private organization shall cooperate and 
  9.23  share information fully for any purpose under this section. 
  9.24     Sec. 13.  Minnesota Statutes 1996, section 84.872, is 
  9.25  amended by adding a subdivision to read: 
  9.26     Subd. 1a.  [RESTRICTION ON ENGINE SIZE.] A person operating 
  9.27  a snowmobile that has an engine displacement over 440 cubic 
  9.28  centimeters must possess a valid class A, B, C, or D driver's 
  9.29  license as defined under section 171.02, subdivision 2. 
  9.30     Sec. 14.  Minnesota Statutes 1996, section 84.873, is 
  9.31  amended to read: 
  9.32     84.873 [SIGNAL FROM OFFICER TO STOP.] 
  9.33     It is unlawful for a snowmobile operator, after having 
  9.34  received a visual or audible signal from any law enforcement 
  9.35  officer to come to a stop, to (a) (1) operate a snowmobile in 
  9.36  willful or wanton disregard of such signal, or (b) (2) interfere 
 10.1   with or endanger the law enforcement officer or any other person 
 10.2   or vehicle, or (c) increase speed or attempt to flee or elude 
 10.3   the officer.  
 10.4      Sec. 15.  [84.874] [DECAL REQUIRED.] 
 10.5      It is unlawful to operate or permit the operation of a 
 10.6   snowmobile without a snowmobile laws decal, issued by the 
 10.7   commissioner, attached to the snowmobile so as to be in full 
 10.8   view and readable by the operator. 
 10.9      Sec. 16.  Minnesota Statutes 1996, section 84.88, 
 10.10  subdivision 2, is amended to read: 
 10.11     Subd. 2.  A person registered as owner of a snowmobile may 
 10.12  be fined not to exceed $300 if a snowmobile bearing the person's 
 10.13  registration number is operated contrary to the provisions of 
 10.14  sections 84.81 to 84.88, 84.90, subdivision 8, or 97B.091.  The 
 10.15  registered owner may not be so fined if (a) the snowmobile was 
 10.16  reported as stolen to the commissioner or a law enforcement 
 10.17  agency at the time of the alleged unlawful act, or if (b) the 
 10.18  registered owner demonstrates that the snowmobile either was 
 10.19  stolen or was not in use at the time of the alleged unlawful 
 10.20  act, or if (c) the registered owner furnishes to law enforcement 
 10.21  officers upon request the identity of the person in actual 
 10.22  physical control of the snowmobile at the time of such 
 10.23  violation.  The provisions of this subdivision do not apply to 
 10.24  any person who rents or leases a snowmobile if such person keeps 
 10.25  a record of the name and address of the person or persons 
 10.26  renting or leasing such snowmobile, the registration number 
 10.27  thereof, the departure date and time, and expected time of 
 10.28  return thereof.  Such record shall be preserved for at least six 
 10.29  months and shall be prima facie evidence that the person named 
 10.30  therein was the operator thereof at the time it was operated 
 10.31  contrary to sections 84.81 to 84.88, or 97B.091.  The provisions 
 10.32  of this subdivision do not prohibit or limit the prosecution of 
 10.33  a snowmobile operator for violating any of the sections referred 
 10.34  to in this subdivision. 
 10.35     Sec. 17.  Minnesota Statutes 1996, section 84.90, 
 10.36  subdivision 1, is amended to read: 
 11.1      Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 11.2   section the following terms have the meanings given them:  
 11.3   (a), "recreational motor vehicle" means any self-propelled 
 11.4   vehicle and any vehicle propelled or drawn by a self-propelled 
 11.5   vehicle used for recreational purposes, including but not 
 11.6   limited to:  
 11.7      (1) an off-highway motorcycle, as defined under section 
 11.8   84.787; 
 11.9      (2) an off-road vehicle, as defined under section 84.797; 
 11.10     (3) a snowmobile, trail bike or as defined under section 
 11.11  84.81; 
 11.12     (4) an all-terrain vehicle, as defined under section 84.92; 
 11.13  or 
 11.14     (5) any other all-terrain vehicle, hovercraft, or motor 
 11.15  vehicle licensed for highway operation which is being used for 
 11.16  off-road recreational purposes.  (b) "Snowmobile" has the same 
 11.17  meaning given by section 84.81, subdivision 3.  
 11.18     (b) For purposes of this section, "flee" means to increase 
 11.19  speed, extinguish headlights or taillights, or use other means 
 11.20  with intent to attempt to elude a clearly identified peace 
 11.21  officer following a signal given by a peace officer to the 
 11.22  operator of a recreational motor vehicle. 
 11.23     (c) For purposes of this section, "peace officer" has the 
 11.24  meaning given in section 609.487, subdivision 2. 
 11.25     Sec. 18.  Minnesota Statutes 1996, section 84.90, 
 11.26  subdivision 7, is amended to read: 
 11.27     Subd. 7.  [PENALTY.] Except as provided in subdivision 8, a 
 11.28  person violating the provisions of this section is guilty of a 
 11.29  misdemeanor.  
 11.30     Sec. 19.  Minnesota Statutes 1996, section 84.90, is 
 11.31  amended by adding a subdivision to read: 
 11.32     Subd. 8.  [FLEEING A PEACE OFFICER.] It is unlawful for the 
 11.33  operator of a recreational motor vehicle to flee or attempt to 
 11.34  flee by means of a recreational motor vehicle from a peace 
 11.35  officer who is acting in the lawful discharge of an official 
 11.36  duty, when the recreational motor vehicle operator knows or 
 12.1   should reasonably know the same to be a peace officer.  A person 
 12.2   violating this subdivision shall be subject to the forfeiture 
 12.3   provisions of section 84.912. 
 12.4      Sec. 20.  Minnesota Statutes 1996, section 84.91, 
 12.5   subdivision 6, is amended to read: 
 12.6      Subd. 6.  [OPERATING PRIVILEGES SUSPENDED.] Upon conviction 
 12.7   under this section, or an ordinance in conformity with it, and 
 12.8   in addition to any penalty imposed under subdivision 5 or 6a, 
 12.9   the person is prohibited for one year from operating a 
 12.10  snowmobile or all-terrain vehicle, whichever was involved in the 
 12.11  violation.  
 12.12     Sec. 21.  Minnesota Statutes 1996, section 84.91, is 
 12.13  amended by adding a subdivision to read: 
 12.14     Subd. 6a.  [SNOWMOBILE FORFEITURE OR IMPOUNDMENT.] Upon 
 12.15  conviction of a person under this section, or an ordinance in 
 12.16  conformity with it, and in addition to any penalty imposed under 
 12.17  subdivision 5 or 6, the snowmobile operated by the convicted 
 12.18  person at the time of the violation is subject to impoundment, 
 12.19  as provided under section 84.861, subdivision 7, for a period of 
 12.20  three months or for the remainder of the snowmobiling season, 
 12.21  whichever is greater.  The snowmobile is subject to forfeiture 
 12.22  under section 84.912 upon a second or subsequent conviction of a 
 12.23  person under this section. 
 12.24     Sec. 22.  Minnesota Statutes 1996, section 84.912, 
 12.25  subdivision 1, is amended to read: 
 12.26     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 12.27  following terms have the meanings given them: 
 12.28     (a) "All-terrain vehicle" has the meaning given in section 
 12.29  84.92, subdivision 8.  
 12.30     (b) "Appropriate agency" means a law enforcement agency 
 12.31  that has the authority to make an arrest for a violation of a 
 12.32  designated offense. 
 12.33     (c) "Designated offense" means: 
 12.34     (1) a violation of section 84.90, subdivision 8; or 
 12.35     (2) a violation of section 84.91 or an ordinance in 
 12.36  conformity with it: 
 13.1      (1) (i) occurring within five years of the first of three 
 13.2   prior impaired driving convictions or the first of three prior 
 13.3   license revocations based on separate impaired driving 
 13.4   incidents; 
 13.5      (2) (ii) occurring within 15 years of the first of four or 
 13.6   more prior impaired driving convictions or the first of four or 
 13.7   more prior license revocations based on separate impaired 
 13.8   driving incidents; 
 13.9      (3) (iii) by a person whose driver's license or driving 
 13.10  privileges have been canceled under section 171.04, subdivision 
 13.11  1, clause (8); or 
 13.12     (4) (iv) by a person who is subject to a restriction on the 
 13.13  person's driver's license under section 171.09 that provides 
 13.14  that the person may not use or consume any amount of alcohol or 
 13.15  a controlled substance. 
 13.16     (d) "Owner" means the registered owner of the snowmobile or 
 13.17  all-terrain vehicle according to records of the department of 
 13.18  natural resources and includes a lessee of a snowmobile or 
 13.19  all-terrain vehicle if the lease agreement has a term of 180 
 13.20  days or more.  
 13.21     (e) "Prior impaired driving conviction" has the meaning 
 13.22  given in section 169.121, subdivision 3. 
 13.23     (f) "Prior license revocation" has the meaning given in 
 13.24  section 169.121, subdivision 3. 
 13.25     (g) "Prosecuting authority" means the attorney in the 
 13.26  jurisdiction in which the designated offense occurred who is 
 13.27  responsible for prosecuting violations of a designated offense. 
 13.28     (h) "Snowmobile" has the meaning given in section 84.81, 
 13.29  subdivision 3.  
 13.30     (i) "Vehicle" means a snowmobile or an all-terrain 
 13.31  recreational motor vehicle as defined under section 84.90, 
 13.32  subdivision 1. 
 13.33     Sec. 23.  Minnesota Statutes 1996, section 84.912, 
 13.34  subdivision 9, is amended to read: 
 13.35     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES; PROCEEDS 
 13.36  ALLOCATED.] (a) On finding under subdivision 8 that the vehicle 
 14.1   is subject to forfeiture, the court shall order the appropriate 
 14.2   agency to: 
 14.3      (1) sell the vehicle and distribute the proceeds under 
 14.4   paragraph (b); or 
 14.5      (2) keep the vehicle for official use. 
 14.6      (b) The proceeds from the sale of forfeited vehicles, after 
 14.7   payment of seizure, storage, forfeiture, and sale expenses, and 
 14.8   satisfaction of valid liens against the property, must be 
 14.9   forwarded to the treasury of the political subdivision that 
 14.10  employs the appropriate agency responsible for the forfeiture 
 14.11  for use in DWI-related enforcement, training, and education. 
 14.12     (c) If the appropriate agency making the arrest leading to 
 14.13  the forfeiture is an agency of state government, the net 
 14.14  proceeds must be deposited in the state treasury and credited to 
 14.15  the appropriate account in the natural resources fund, as 
 14.16  follows: 
 14.17     (1) if the vehicle was a snowmobile, to the snowmobile 
 14.18  trails and enforcement account in the natural resources fund 
 14.19  created in under section 84.83, subdivision 1, if the vehicle 
 14.20  was a snowmobile, or; 
 14.21     (2) if the vehicle was an all-terrain vehicle, to the 
 14.22  all-terrain vehicle account in the natural resources fund under 
 14.23  section 84.927, subdivision 1.; 
 14.24     (3) if the vehicle was an off-highway motorcycle, to the 
 14.25  off-highway motorcycle account under section 84.794, subdivision 
 14.26  1; or 
 14.27     (4) if the vehicle was an off-road vehicle, to the off-road 
 14.28  vehicle account under section 84.803, subdivision 1. 
 14.29     Proceeds from the forfeiture of a vehicle not specified 
 14.30  under clauses (1) to (4) shall be deposited in the state 
 14.31  treasury and credited to the natural resources fund. 
 14.32     Sec. 24.  [85.0185] [SNOWMOBILE TRAIL POSTING.] 
 14.33     Subdivision 1.  [POSTING RESPONSIBILITY.] The commissioner 
 14.34  of natural resources shall post state recreational snowmobile 
 14.35  trails in accordance with this section.  A recipient of a state 
 14.36  grant-in-aid shall post recreational snowmobile trails 
 15.1   maintained by the recipient in accordance with this section. 
 15.2      Subd. 2.  [REFLECTORS.] The responsible party under 
 15.3   subdivision 1 shall post reflective material on all nonnatural 
 15.4   objects located within three feet of the groomed surface of a 
 15.5   snowmobile trail. 
 15.6      Subd. 3.  [CAUTIONARY SIGNS.] The responsible party under 
 15.7   subdivision 1 shall post cautionary signs at each blind hill and 
 15.8   curve along a snowmobile trail. 
 15.9      Subd. 4.  [SPEED SIGNS.] A recipient of a state 
 15.10  grant-in-aid may post speed signs to inform snowmobile operators 
 15.11  of the maximum safe speed, under 50 miles per hour, for a 
 15.12  particular segment of a snowmobile trail maintained by the 
 15.13  recipient. 
 15.14     Subd. 5.  [ROAD CROSSING SIGNS.] The commissioner of 
 15.15  natural resources, the commissioner of transportation, and 
 15.16  counties shall cooperate to improve the effectiveness of signs 
 15.17  on public roads that alert automobile traffic to the presence of 
 15.18  snowmobile crossings. 
 15.19     Sec. 25.  Minnesota Statutes 1996, section 296.16, 
 15.20  subdivision 1, is amended to read: 
 15.21     Subdivision 1.  [INTENT; GASOLINE USE.] All gasoline 
 15.22  received in this state and all gasoline produced in or brought 
 15.23  into this state except aviation gasoline and marine gasoline 
 15.24  shall be determined to be intended for use in motor vehicles in 
 15.25  this state. 
 15.26     Approximately 1-1/2 percent of all gasoline received in 
 15.27  this state and 1-1/2 percent of all gasoline produced or brought 
 15.28  into this state, except gasoline used for aviation purposes, is 
 15.29  being used as fuel for the operation of motorboats on the waters 
 15.30  of this state and of the total revenue derived from the 
 15.31  imposition of the gasoline fuel tax for uses other than for 
 15.32  aviation purposes, 1-1/2 percent of such revenues is the amount 
 15.33  of tax on fuel used in motorboats operated on the waters of this 
 15.34  state.  
 15.35     Approximately three-fourths of one percent of all gasoline 
 15.36  received in and produced or brought into this state, except 
 16.1   gasoline used for aviation purposes, is being used as fuel for 
 16.2   the operation of snowmobiles in this state, and of the total 
 16.3   revenue derived from the imposition of the gasoline fuel tax for 
 16.4   uses other than for aviation purposes, three-fourths of one 
 16.5   percent of such revenues is the amount of tax on fuel used in 
 16.6   snowmobiles operated in this state. 
 16.7      Approximately 0.15 of one percent of all gasoline received 
 16.8   in or produced or brought into this state, except gasoline used 
 16.9   for aviation purposes, is being used for the operation of 
 16.10  all-terrain vehicles in this state, and of the total revenue 
 16.11  derived from the imposition of the gasoline fuel tax, 0.15 of 
 16.12  one percent is the amount of tax on fuel used in all-terrain 
 16.13  vehicles operated in this state. 
 16.14     Approximately 0.046 of one percent of all gasoline received 
 16.15  or produced in or brought into this state, except gasoline used 
 16.16  for aviation purposes, is being used for the operation of 
 16.17  off-highway motorcycles in this state, and of the total revenue 
 16.18  derived from the imposition of the gasoline fuel tax for uses 
 16.19  other than for aviation purposes, 0.046 of one percent is the 
 16.20  amount of tax on fuel used in off-highway motorcycles operated 
 16.21  in this state. 
 16.22     Approximately .164 of one percent of all gasoline received 
 16.23  or produced in or brought into this state, except gasoline used 
 16.24  for aviation purposes, is being used for the off-road operation 
 16.25  of off-road vehicles, as defined in section 84.797, in this 
 16.26  state, and of the total revenue derived from the imposition of 
 16.27  the gasoline fuel tax for uses other than aviation purposes, 
 16.28  .164 of one percent is the amount of tax on fuel used for 
 16.29  off-road operation of off-road vehicles in this state. 
 16.30     Sec. 26.  Minnesota Statutes 1996, section 297A.02, is 
 16.31  amended by adding a subdivision to read: 
 16.32     Subd. 6.  [USED SNOWMOBILES.] Notwithstanding the 
 16.33  provisions of subdivision 1, the rate of excise tax imposed upon 
 16.34  sales of used snowmobiles through a snowmobile dealer is 9.5 
 16.35  percent. 
 16.36     Sec. 27.  Minnesota Statutes 1996, section 297A.44, 
 17.1   subdivision 1, is amended to read: 
 17.2      Subdivision 1.  (a) Except as provided in paragraphs (b), 
 17.3   (c), and (d), all revenues, including interest and penalties, 
 17.4   derived from the excise and use taxes imposed by sections 
 17.5   297A.01 to 297A.44 shall be deposited by the commissioner in the 
 17.6   state treasury and credited to the general fund.  
 17.7      (b) All excise and use taxes derived from sales and use of 
 17.8   property and services purchased for the construction and 
 17.9   operation of an agricultural resource project, from and after 
 17.10  the date on which a conditional commitment for a loan guaranty 
 17.11  for the project is made pursuant to section 41A.04, subdivision 
 17.12  3, shall be deposited in the Minnesota agricultural and economic 
 17.13  account in the special revenue fund.  The commissioner of 
 17.14  finance shall certify to the commissioner the date on which the 
 17.15  project received the conditional commitment.  The amount 
 17.16  deposited in the loan guaranty account shall be reduced by any 
 17.17  refunds and by the costs incurred by the department of revenue 
 17.18  to administer and enforce the assessment and collection of the 
 17.19  taxes.  
 17.20     (c) All revenues, including interest and penalties, derived 
 17.21  from the excise and use taxes imposed on sales and purchases 
 17.22  included in section 297A.01, subdivision 3, paragraphs (d) and 
 17.23  (l), clauses (1) and (2), must be deposited by the commissioner 
 17.24  in the state treasury, and credited as follows: 
 17.25     (1) first to the general obligation special tax bond debt 
 17.26  service account in each fiscal year the amount required by 
 17.27  section 16A.661, subdivision 3, paragraph (b); and 
 17.28     (2) after the requirements of clause (1) have been met, the 
 17.29  balance must be credited to the general fund. 
 17.30     (d) The revenues, including interest and penalties, derived 
 17.31  from the taxes imposed on solid waste collection services as 
 17.32  described in section 297A.45, shall be deposited by the 
 17.33  commissioner in the state treasury and credited to the general 
 17.34  fund to be used for funding solid waste reduction and recycling 
 17.35  programs. 
 17.36     (e) The revenues, including interest and penalties, derived 
 18.1   from the taxes imposed at a rate of three percent on the sale of 
 18.2   used snowmobiles as described in section 297A.02, subdivision 6, 
 18.3   shall be deposited by the commissioner in the state treasury and 
 18.4   credited to the snowmobile trails and enforcement account in the 
 18.5   natural resources fund. 
 18.6      Sec. 28.  [SNOWMOBILE SAFETY ADVISORY TASK FORCE.] 
 18.7      Subdivision 1.  [TASK FORCE ESTABLISHED.] The commissioner 
 18.8   of natural resources shall establish a snowmobile safety 
 18.9   advisory task force to examine the effectiveness of existing 
 18.10  snowmobile regulation, including trail maintenance and 
 18.11  enforcement.  The task force is governed by Minnesota Statutes, 
 18.12  section 15.059, except that it expires according to subdivision 
 18.13  3. 
 18.14     Subd. 2.  [MEMBERSHIP.] The commissioner shall appoint 
 18.15  members as follows: 
 18.16     (1) one representative of the enforcement division of the 
 18.17  department of natural resources; 
 18.18     (2) one representative of the trails and waterways unit of 
 18.19  the department of natural resources; 
 18.20     (3) three representatives from snowmobile user groups; 
 18.21     (4) one representative of the snowmobile manufacturing 
 18.22  industry; 
 18.23     (5) one representative of the insurance industry; 
 18.24     (6) one representative of county sheriffs; 
 18.25     (7) one representative of city police chiefs; 
 18.26     (8) three members of the house of representatives, 
 18.27  appointed by the speaker of the house.  At least one appointed 
 18.28  member must be from the minority party; 
 18.29     (9) three members of the senate, appointed by the chair of 
 18.30  the senate rules committee.  At least one appointed member must 
 18.31  be from the minority party; and 
 18.32     (10) three members of the general public. 
 18.33     Subd. 3.  [RECOMMENDATION; EXPIRATION.] The snowmobile 
 18.34  safety advisory task force shall make recommendations to the 
 18.35  legislature by January 15, 1998.  The advisory task force shall 
 18.36  expire on January 15, 1998. 
 19.1      Sec. 29.  [APPROPRIATION.] 
 19.2      $250,000 in fiscal year 1998 and $250,000 in fiscal year 
 19.3   1999 is appropriated from the general fund to the commissioner 
 19.4   of natural resources for snowmobile operation safety and 
 19.5   enforcement. 
 19.6      Sec. 30.  [EFFECTIVE DATE.] 
 19.7      Section 7 is effective October 15, 1997.