HF 941

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; restricting the use of 
  1.3             off-highway vehicles on state land; providing civil 
  1.4             citation authority; modifying the disposition of 
  1.5             certain fees; modifying registration and operating 
  1.6             requirements for certain recreational vehicles; 
  1.7             providing for enforcement; modifying motorized trail 
  1.8             grants-in-aid; appropriating money; amending Minnesota 
  1.9             Statutes 2002, sections 84.788, subdivision 3; 84.791, 
  1.10            subdivision 1, by adding a subdivision; 84.794, 
  1.11            subdivision 2; 84.798, subdivision 4; 84.803, 
  1.12            subdivision 2; 84.922, subdivision 2; 84.925, 
  1.13            subdivision 1, by adding a subdivision; 84.926; 
  1.14            84.927, subdivision 2; 84.928, subdivision 1; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapter 84. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  [84.771] [OFF-HIGHWAY VEHICLE DEFINITION.] 
  1.19     For purposes of section 84.771 to 84.930, "off-highway 
  1.20  vehicle" means an off-highway motorcycle, as defined under 
  1.21  section 84.787, subdivision 7; an off-road vehicle, as defined 
  1.22  under section 84.797, subdivision 7; or an all-terrain vehicle, 
  1.23  as defined under section 84.92, subdivision 8. 
  1.24     Sec. 2.  [84.772] [OFF-HIGHWAY VEHICLE TOLL-FREE HOTLINE.] 
  1.25     (a) The commissioner of natural resources shall maintain 
  1.26  and publicize a toll-free telephone number that is available 24 
  1.27  hours per day, seven days a week, for: 
  1.28     (1) obtaining information about trail conditions; 
  1.29     (2) reporting complaints about or violations by operators 
  1.30  of off-highway vehicles and watercraft; and 
  1.31     (3) reporting damage caused by all-terrain vehicles and 
  2.1   trail safety concerns. 
  2.2      (b) The commissioner shall record detailed information 
  2.3   about all reports received under paragraph (a) and any similar 
  2.4   information obtained by the department from other sources.  The 
  2.5   commissioner shall share relevant information with local 
  2.6   government sponsors of grant-in-aid trails. 
  2.7      Sec. 3. [84.773] [OPERATION OF OFF-HIGHWAY VEHICLES ON 
  2.8   PUBLIC LANDS.] 
  2.9      Subdivision 1.  [CERTIFICATE AND RULES DECAL REQUIRED.] (a) 
  2.10  A person may not operate an off-highway vehicle off-road on 
  2.11  public land unless the operator has complied with the 
  2.12  educational certificate possession requirements in this 
  2.13  section.  An operator of an off-highway vehicle must possess a 
  2.14  copy of one of the following certificates at all times while 
  2.15  operating an off-highway vehicle on public land: 
  2.16     (1) an off-highway motorcycle certificate issued under 
  2.17  section 84.791; 
  2.18     (2) an off-road vehicle certificate issued under section 
  2.19  84.8015; or 
  2.20     (3) an all-terrain vehicle certificate issued under section 
  2.21  84.925.  
  2.22     (b) A person may not operate an off-highway vehicle 
  2.23  off-road on public land without an off-highway vehicle rules 
  2.24  decal, issued by the commissioner, attached to the vehicle in 
  2.25  full view of the operator. 
  2.26     Subd. 2.  [REVOCATION OF CERTIFICATE.] If the commissioner 
  2.27  of natural resources determines that a person has violated 
  2.28  subdivision 3 or has committed three offenses related to the 
  2.29  operation of off-highway vehicles on public lands, the 
  2.30  commissioner must revoke all of the off-highway vehicle 
  2.31  certificates the person possesses.  After one year from the date 
  2.32  of revocation, the holder of a certificate revoked under this 
  2.33  subdivision may petition for reinstatement of the certificate.  
  2.34  As a condition of reinstatement, the commissioner must require 
  2.35  the petitioner to sign a written statement agreeing to follow 
  2.36  the off-highway vehicle laws in this state.  
  3.1      Subd. 3.  [RESTRICTIONS ON OPERATION.] (a) A person may not 
  3.2   intentionally operate an off-highway vehicle: 
  3.3      (1) on a trail on public land that is designated for 
  3.4   nonmotorized use; 
  3.5      (2) on restricted areas within public lands that are posted 
  3.6   or where gates or other clearly visible structures are placed to 
  3.7   prevent unauthorized motorized vehicle access; 
  3.8      (3) in wetlands or public waters, as defined in section 
  3.9   103G.005; in a state park; in a scientific and natural area; or 
  3.10  in a wildlife management area, except as specifically authorized 
  3.11  in sections 97A.133 and 97A.137 and Minnesota Rules, part 
  3.12  6232.0300, subpart 7; or 
  3.13     (4) on public land under a certificate currently or 
  3.14  previously revoked under subdivision 2. 
  3.15     Sec. 4.  [84.774] [RELATED CRIMINAL OFFENSES.] 
  3.16     (a) Section 609.713 applies to a person who makes a threat 
  3.17  of a crime of violence to intimidate: 
  3.18     (1) a person who reports inappropriate or illegal 
  3.19  off-highway vehicle use; or 
  3.20     (2) a person who refuses permission for off-highway vehicle 
  3.21  use on land owned by the person.  
  3.22     (b) Section 609.595 applies to a person who operates an 
  3.23  off-highway vehicle in a manner that causes damage to public or 
  3.24  private property, including, but not limited to, damage to 
  3.25  natural resources that requires restoration to preserve the 
  3.26  ecological function or quality of the land. 
  3.27     Sec. 5.  [84.775] [OFF-HIGHWAY VEHICLE CIVIL CITATIONS.] 
  3.28     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
  3.29  conservation officer or other licensed peace officer may issue a 
  3.30  civil citation to a person who operates: 
  3.31     (1) an off-highway motorcycle in violation of sections 
  3.32  84.773; 84.774; 84.777; 84.788 to 84.795; or 84.90; 
  3.33     (2) an off-road vehicle in violation of sections 84.773; 
  3.34  84.774; 84.777; 84.798 to 84.804; or 84.90; or 
  3.35     (3) an all-terrain vehicle in violation of sections 84.773; 
  3.36  84.774; 84.777; 84.90; or 84.922 to 84.928.  
  4.1      (b) A civil citation shall require restitution for any 
  4.2   public or private property damage and impose a penalty of no 
  4.3   more than $250 for the first offense, no more than $500 for the 
  4.4   second offense, and no more than $1,000 for third and subsequent 
  4.5   offenses.  If the peace officer determines that there is damage 
  4.6   to property requiring restitution, the commissioner of natural 
  4.7   resources must send a written explanation of the extent of the 
  4.8   damage and the cost of the repair by first class mail to the 
  4.9   address provided by the person receiving the citation within 15 
  4.10  days of the date of the citation.  
  4.11     Subd. 2.  [APPEALS.] Civil citations issued under 
  4.12  subdivision 1 may be appealed according to section 116.072, 
  4.13  subdivision 6, if the recipient of the citation requests a 
  4.14  hearing by notifying the commissioner in writing within 15 days 
  4.15  after receipt of the citation or, if applicable, within 15 days 
  4.16  after the date of mailing the explanation of restitution.  For 
  4.17  the purposes of this section, the terms "commissioner" and 
  4.18  "agency" as used in section 116.072 mean the commissioner of 
  4.19  natural resources.  If a hearing is not requested within the 
  4.20  15-day period, the citation becomes a final order not subject to 
  4.21  further review.  
  4.22     Subd. 3.  [ENFORCEMENT.] Civil citations issued under 
  4.23  subdivision 1 may be enforced under section 116.072, subdivision 
  4.24  9.  Penalty amounts must be remitted within 30 days of issuance 
  4.25  of the citation.  If a person fails to pay a penalty owed under 
  4.26  this section within 30 days of the citation, the commissioner 
  4.27  must revoke all certificates issued to the person according to 
  4.28  section 84.773, subdivision 2.  
  4.29     Subd. 4.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
  4.30  collected from civil citations issued under this section must be 
  4.31  paid to the treasury of the unit of government employing the 
  4.32  officer that issued the civil citation.  Penalties retained by 
  4.33  the commissioner shall be credited as follows:  to the 
  4.34  off-highway motorcycle account under section 84.794 for 
  4.35  citations involving off-highway motorcycles; to the off-road 
  4.36  vehicle account under section 84.803 for citations involving 
  5.1   off-road vehicles; or to the all-terrain vehicle account under 
  5.2   section 84.927 for citations involving all-terrain vehicles.  
  5.3   Penalty amounts credited under this subdivision are dedicated 
  5.4   for the enforcement of off-highway motorized vehicle laws.  
  5.5      Subd. 5.  [SELECTION OF REMEDY.] A peace officer may not 
  5.6   seek both civil and misdemeanor penalties for offenses listed in 
  5.7   subdivision 1.  
  5.8      Sec. 6.  [84.776] [LOCAL UNIT OF GOVERNMENT; CLAIMS FOR 
  5.9   DAMAGE.] 
  5.10     A local unit of government may submit a claim to the 
  5.11  commissioner of natural resources for the cost of repair or 
  5.12  restoration of property under the jurisdiction of the government 
  5.13  unit that has been damaged by off-highway vehicle use.  The 
  5.14  commissioner may request any information necessary to evaluate 
  5.15  the claim and may make payment from money appropriated for that 
  5.16  purpose, including money from the off-highway motorcycle account 
  5.17  under section 84.794, subdivision 2, paragraph (a), clause (3); 
  5.18  money from the off-road vehicle account under section 84.803, 
  5.19  subdivision 2, paragraph (a), clause (3); and money from the 
  5.20  all-terrain vehicle account under section 84.927, subdivision 2, 
  5.21  paragraph (a), clause (3). 
  5.22     Sec. 7.  [84.777] [OFF-HIGHWAY VEHICLE USE OF STATE LANDS 
  5.23  RESTRICTED.] 
  5.24     Subdivision 1.  [RESTRICTED USE.] Notwithstanding sections 
  5.25  84.787 to 84.805 and 84.92 to 84.929, the use of off-highway 
  5.26  vehicles is prohibited on state land administered by the 
  5.27  commissioner of natural resources, except on routes specifically 
  5.28  designated and posted by the commissioner for such use.  Until 
  5.29  otherwise determined by the commissioner, all class 1, 2, and 3 
  5.30  state forest roads are designated routes for motorized use under 
  5.31  this subdivision.  
  5.32     Subd. 2.  [ROUTE CLOSURE.] The commissioner must close a 
  5.33  route designated under subdivision 1 when: 
  5.34     (1) off-highway vehicle laws cannot be adequately enforced 
  5.35  on the route; 
  5.36     (2) adequate maintenance cannot be done on the route; or 
  6.1      (3) there is significant damage to natural resources, 
  6.2   including, but not limited to, forest resources as defined in 
  6.3   section 89.001, subdivision 8.  
  6.4      Sec. 8.  Minnesota Statutes 2002, section 84.788, 
  6.5   subdivision 3, is amended to read: 
  6.6      Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  6.7   for registration or continued registration must be made to the 
  6.8   commissioner or an authorized deputy registrar of motor vehicles 
  6.9   in a form prescribed by the commissioner.  The form must state 
  6.10  the name and address of every owner of the off-highway 
  6.11  motorcycle. 
  6.12     (b) A person who purchases from a retail dealer an 
  6.13  off-highway motorcycle that is intended to be operated on public 
  6.14  lands or waters shall make application for registration to the 
  6.15  dealer at the point of sale.  The dealer shall issue a temporary 
  6.16  ten-day registration permit to each purchaser who applies to the 
  6.17  dealer for registration.  The dealer shall submit the completed 
  6.18  registration applications and fees to the deputy registrar at 
  6.19  least once each week.  No fee may be charged by a dealer to a 
  6.20  purchaser for providing the temporary permit. 
  6.21     (c) Upon receipt of the application and the appropriate 
  6.22  fee, the commissioner or deputy registrar shall issue to the 
  6.23  applicant, or provide to the dealer, a 60-day temporary receipt 
  6.24  and shall assign a registration number that must be affixed to 
  6.25  the motorcycle in a manner prescribed by the commissioner 
  6.26  according to paragraph (e).  A dealer subject to paragraph (b) 
  6.27  shall provide the registration materials and temporary receipt 
  6.28  to the purchaser within the ten-day temporary permit period. 
  6.29     (d) The commissioner shall develop a registration system to 
  6.30  register vehicles under this section.  A deputy registrar of 
  6.31  motor vehicles acting under section 168.33, is also a deputy 
  6.32  registrar of off-highway motorcycles.  The commissioner of 
  6.33  natural resources in agreement with the commissioner of public 
  6.34  safety may prescribe the accounting and procedural requirements 
  6.35  necessary to ensure efficient handling of registrations and 
  6.36  registration fees.  Deputy registrars shall strictly comply with 
  7.1   the accounting and procedural requirements.  A fee of $2 in 
  7.2   addition to other fees prescribed by law is charged for each 
  7.3   off-highway motorcycle registered by: 
  7.4      (1) a deputy registrar and must be deposited in the 
  7.5   treasury of the jurisdiction where the deputy is appointed, or 
  7.6   kept if the deputy is not a public official; or 
  7.7      (2) the commissioner and must be deposited in the state 
  7.8   treasury and credited to the off-highway motorcycle account. 
  7.9      (e) The owner of an off-highway motorcycle must display a 
  7.10  registration sticker or plates issued by the commissioner.  If 
  7.11  the motorcycle is licensed as a motor vehicle, a registration 
  7.12  sticker must be affixed on the upper left corner of the rear 
  7.13  license plate.  If the motorcycle is not licensed as a motor 
  7.14  vehicle, the commissioner shall issue plates not less than six 
  7.15  inches high and 12 inches wide.  The plates must be attached to 
  7.16  the front and rear of the motorcycle at least 24 inches from the 
  7.17  ground.  Plates and registration stickers must be maintained in 
  7.18  a clean and legible condition. 
  7.19     Sec. 9.  Minnesota Statutes 2002, section 84.791, 
  7.20  subdivision 1, is amended to read: 
  7.21     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
  7.22  shall establish a comprehensive off-highway motorcycle 
  7.23  environment and safety education and training program, including 
  7.24  the preparation and dissemination of vehicle information and 
  7.25  safety advice to the public, the training of off-highway 
  7.26  motorcycle operators, and the issuance of off-highway motorcycle 
  7.27  safety certificates to operators under the age of 16 years who 
  7.28  successfully complete the off-highway motorcycle environment and 
  7.29  safety education and training courses.  The courses must include 
  7.30  information about the responsible operation of off-highway 
  7.31  motorcycles on public lands and frozen waters, including 
  7.32  information about relevant state laws and the environmental 
  7.33  impacts related to trail riding behavior.  
  7.34     Sec. 10.  Minnesota Statutes 2002, section 84.791, is 
  7.35  amended by adding a subdivision to read: 
  7.36     Subd. 4.  [EXEMPTION FROM TRAINING.] Until July 1, 2004, 
  8.1   the commissioner shall issue a certificate that satisfies the 
  8.2   requirements of section 84.773 to the operator of a registered 
  8.3   off-highway motorcycle who is at least 18 years of age and who 
  8.4   signs a statement on a form prepared by the commissioner that 
  8.5   the owner is familiar with and agrees to obey the off-highway 
  8.6   laws in this state.  
  8.7      Sec. 11.  Minnesota Statutes 2002, section 84.794, 
  8.8   subdivision 2, is amended to read: 
  8.9      Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
  8.10  legislature, money in the off-highway motorcycle account may 
  8.11  only be spent for the following purposes: 
  8.12     (1) administration, and enforcement, and implementation of 
  8.13  sections 84.787 84.773 to 84.796, including, but not limited to, 
  8.14  increasing the number of conservation officers available for 
  8.15  enforcement of off-highway motorcycle laws to ensure that 
  8.16  off-highway motorcycle laws are sufficiently enforced; 
  8.17     (2) acquisition, maintenance, and development of monitoring 
  8.18  ongoing impacts of off-highway motorcycle use; 
  8.19     (3) providing restitution for the repair or restoration of 
  8.20  public or private property damaged by off-highway motorcycles 
  8.21  when the financial condition of the operator of the vehicle 
  8.22  causing the damage prevents prompt and complete restitution or 
  8.23  when the commissioner cannot determine the operator causing the 
  8.24  damage; 
  8.25     (4) maintaining designated state off-highway motorcycle 
  8.26  trails and use areas; and 
  8.27     (3) grants-in-aid (5) acquisition and development of trails 
  8.28  designated for use by off-highway motorcycles; 
  8.29     (6) funding state safety and environmental programs for 
  8.30  off-highway motorcycle use; 
  8.31     (7) providing grants-in-aid to local safety and 
  8.32  environmental programs for off-highway motorcycle use; and 
  8.33     (8) funding grant-in-aid programs to counties and 
  8.34  municipalities to construct and maintain local off-highway 
  8.35  motorcycle trails and use areas. 
  8.36     (b) The distribution of funds made available for 
  9.1   grants-in-aid must be guided by the statewide comprehensive 
  9.2   outdoor recreation plan. 
  9.3      (c) In determining the amount of money to be allocated for 
  9.4   enforcement purposes under paragraph (a), clause (1), the 
  9.5   commissioner shall consider: 
  9.6      (1) the number of off-highway motorcycles using state 
  9.7   lands, by enforcement region; 
  9.8      (2) the number of off-highway motorcycles using a 
  9.9   particular outdoor recreation unit in relation to the size of 
  9.10  the unit and the type, speed, and size of off-highway 
  9.11  motorcycles used; 
  9.12     (3) the acreage of state land within each enforcement 
  9.13  region; 
  9.14     (4) the extent to which violations are cited in each 
  9.15  enforcement region; 
  9.16     (5) the overall performance of each enforcement region; 
  9.17     (6) special considerations, such as volume of transient, 
  9.18  nonresident, or rental off-highway motorcycles or extremely 
  9.19  large outdoor recreation units; and 
  9.20     (7) any other factor determined relevant by the 
  9.21  commissioner. 
  9.22     Sec. 12.  Minnesota Statutes 2002, section 84.798, 
  9.23  subdivision 4, is amended to read: 
  9.24     Subd. 4.  [REGISTRATION STICKER AND PLATES.] The owner of 
  9.25  an off-road vehicle must display a registration sticker or 
  9.26  plates issued by the commissioner.  If the vehicle is licensed 
  9.27  as a motor vehicle, the a registration sticker must be affixed 
  9.28  on the upper left corner of the rear license plate.  If the 
  9.29  vehicle is not licensed as a motor vehicle, the owner 
  9.30  commissioner shall provide a plate issue plates not less than 
  9.31  four six inches high and 7-1/2 12 inches wide.  The plate 
  9.32  plates must be attached to the front and rear of the vehicle at 
  9.33  least 12 24 inches from the ground.  The registration sticker 
  9.34  must be affixed on the upper left corner of the plate.  Plates 
  9.35  and registration stickers must be maintained in a clean and 
  9.36  legible condition. 
 10.1      Sec. 13.  [84.8015] [EDUCATION AND TRAINING.] 
 10.2      Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
 10.3   shall establish a comprehensive off-road vehicle environment and 
 10.4   safety education and training program, including the preparation 
 10.5   and dissemination of vehicle information and safety advice to 
 10.6   the public, the training of off-road vehicle operators, and the 
 10.7   issuance of off-road vehicle certificates to operators who 
 10.8   successfully complete the off-road vehicle environment and 
 10.9   safety education and training courses.  The courses must include 
 10.10  information about the responsible operation of off-road vehicles 
 10.11  on public lands and frozen waters, including information about 
 10.12  relevant state laws and the environmental impacts related to 
 10.13  trail use.  
 10.14     Subd. 2.  [FEE.] For the purposes of administering the 
 10.15  program and to defray a portion of the expenses of training and 
 10.16  certifying vehicle operators, the commissioner shall collect a 
 10.17  fee not to exceed $5 from each person who receives the 
 10.18  training.  The fees must be deposited in the state treasury and 
 10.19  credited to the off-road vehicle account.  
 10.20     Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
 10.21  shall cooperate with private organizations and associations, 
 10.22  private and public corporations, and local governmental units in 
 10.23  furtherance of the program established under this section.  The 
 10.24  commissioner shall consult with the commissioner of public 
 10.25  safety in regard to training program subject matter and 
 10.26  performance testing that leads to the certification of off-road 
 10.27  vehicle operators.  
 10.28     Subd. 4.  [EXEMPTION FROM TRAINING.] Until July 1, 2004, 
 10.29  the commissioner shall issue a certificate that satisfies the 
 10.30  requirements of section 84.773 to the operator of a registered 
 10.31  off-road vehicle who is at least 18 years of age and who signs a 
 10.32  statement on a form prepared by the commissioner that the owner 
 10.33  is familiar with and agrees to obey the off-road vehicle laws in 
 10.34  this state.  
 10.35     Sec. 14.  Minnesota Statutes 2002, section 84.803, 
 10.36  subdivision 2, is amended to read: 
 11.1      Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
 11.2   legislature, money in the off-road vehicle account may only be 
 11.3   spent for the following purposes: 
 11.4      (1) administration and implementation of enforcement of 
 11.5   sections 84.773 to 84.777 and 84.797 to 84.805 and Laws 1993, 
 11.6   chapter 311, article 2, section 18, including, but not limited 
 11.7   to, increasing the number of conservation officers available for 
 11.8   enforcement of off-road vehicle laws to ensure that off-road 
 11.9   vehicle laws are sufficiently enforced; 
 11.10     (2) acquisition, maintenance, and development of monitoring 
 11.11  ongoing impacts of off-road vehicle use; 
 11.12     (3) providing restitution for the repair or restoration of 
 11.13  public or private property damaged by off-road vehicles when the 
 11.14  financial condition of the operator of the vehicle causing the 
 11.15  damage prevents prompt and complete restitution or when the 
 11.16  commissioner cannot determine the person causing the damage; 
 11.17     (4) maintaining designated state off-road vehicle trails 
 11.18  and use areas; 
 11.19     (5) acquisition and development of trails designated for 
 11.20  use by off-road vehicles; 
 11.21     (6) funding state safety and environmental programs for 
 11.22  off-road vehicle use; 
 11.23     (7) providing grants-in-aid to local safety and 
 11.24  environmental programs for off-road vehicle use; and 
 11.25     (3) (8) funding grant-in-aid programs to counties and 
 11.26  municipalities to construct and maintain local off-road vehicle 
 11.27  trails and use areas; and 
 11.28     (4) grants-in-aid to local safety programs. 
 11.29     (b) In determining the amount of money to be allocated for 
 11.30  enforcement purposes under paragraph (a), clause (1), the 
 11.31  commissioner shall consider: 
 11.32     (1) the number of off-road vehicles using state lands, by 
 11.33  enforcement region; 
 11.34     (2) the number of off-road vehicles using a particular 
 11.35  outdoor recreation unit in relation to the size of the unit and 
 11.36  the type, speed, and size of off-road vehicles used; 
 12.1      (3) the acreage of state land within each enforcement 
 12.2   region; 
 12.3      (4) the extent to which violations are cited in each 
 12.4   enforcement region; 
 12.5      (5) the overall performance of each enforcement region; 
 12.6      (6) special considerations, such as volume of transient, 
 12.7   nonresident, or rental off-road vehicles or extremely large 
 12.8   outdoor recreation units; and 
 12.9      (7) any other factor determined relevant by the 
 12.10  commissioner. 
 12.11     Sec. 15.  Minnesota Statutes 2002, section 84.922, 
 12.12  subdivision 2, is amended to read: 
 12.13     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
 12.14  for registration or continued registration shall be made to the 
 12.15  commissioner of natural resources, the commissioner of public 
 12.16  safety or an authorized deputy registrar of motor vehicles in a 
 12.17  form prescribed by the commissioner.  The form must state the 
 12.18  name and address of every owner of the vehicle.  
 12.19     (b) A person who purchases an all-terrain vehicle from a 
 12.20  retail dealer shall make application for registration to the 
 12.21  dealer at the point of sale.  The dealer shall issue a temporary 
 12.22  ten-day registration permit to each purchaser who applies to the 
 12.23  dealer for registration.  The dealer shall submit the completed 
 12.24  registration application and fees to the deputy registrar at 
 12.25  least once each week.  No fee may be charged by a dealer to a 
 12.26  purchaser for providing the temporary permit. 
 12.27     (c) Upon receipt of the application and the appropriate 
 12.28  fee, the commissioner or deputy registrar shall issue to the 
 12.29  applicant, or provide to the dealer, a 60-day temporary receipt 
 12.30  and shall assign a registration number that must be affixed to 
 12.31  the vehicle in a manner prescribed by the commissioner according 
 12.32  to paragraph (f).  A dealer subject to paragraph (b) shall 
 12.33  provide the registration materials and temporary receipt to the 
 12.34  purchaser within the ten-day temporary permit period.  The 
 12.35  commissioner shall use the snowmobile registration system to 
 12.36  register vehicles under this section.  
 13.1      (d) Each deputy registrar of motor vehicles acting under 
 13.2   section 168.33, is also a deputy registrar of all-terrain 
 13.3   vehicles.  The commissioner of natural resources in agreement 
 13.4   with the commissioner of public safety may prescribe the 
 13.5   accounting and procedural requirements necessary to assure 
 13.6   efficient handling of registrations and registration fees. 
 13.7   Deputy registrars shall strictly comply with the accounting and 
 13.8   procedural requirements.  
 13.9      (e) A fee of $2 in addition to other fees prescribed by law 
 13.10  shall be charged for each vehicle registered by: 
 13.11     (1) a deputy registrar and shall be deposited in the 
 13.12  treasury of the jurisdiction where the deputy is appointed, or 
 13.13  retained if the deputy is not a public official; or 
 13.14     (2) the commissioner and shall be deposited to the state 
 13.15  treasury and credited to the all-terrain vehicle account in the 
 13.16  natural resources fund. 
 13.17     (f) The owner of an all-terrain vehicle must display 
 13.18  registration plates issued by the commissioner.  The 
 13.19  commissioner shall issue plates not less than six inches high 
 13.20  and 12 inches wide.  The plates must be attached to the front 
 13.21  and rear of the vehicle at least 24 inches from the ground.  
 13.22  Plates must be maintained in a clean and legible condition. 
 13.23     Sec. 16.  Minnesota Statutes 2002, section 84.925, 
 13.24  subdivision 1, is amended to read: 
 13.25     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
 13.26  shall establish a comprehensive all-terrain vehicle 
 13.27  environmental and safety education and training program, 
 13.28  including the preparation and dissemination of vehicle 
 13.29  information and safety advice to the public, the training of 
 13.30  all-terrain vehicle operators, and the issuance of all-terrain 
 13.31  vehicle safety certificates to vehicle operators over the age of 
 13.32  12 years who successfully complete the all-terrain vehicle 
 13.33  environmental and safety education and training course.  The 
 13.34  courses must include information about the responsible operation 
 13.35  of all-terrain vehicles on public lands and frozen waters, 
 13.36  including information about relevant state laws and the 
 14.1   environmental impacts related to trail riding behavior.  
 14.2      (b) For the purpose of administering the program and to 
 14.3   defray a portion of the expenses of training and certifying 
 14.4   vehicle operators, the commissioner shall collect a fee of $15 
 14.5   from each person who receives the training.  Fee proceeds shall 
 14.6   be deposited in the all-terrain vehicle account in the natural 
 14.7   resources fund. 
 14.8      (c) The commissioner shall cooperate with private 
 14.9   organizations and associations, private and public corporations, 
 14.10  and local governmental units in furtherance of the program 
 14.11  established under this section.  School districts may cooperate 
 14.12  with the commissioner and volunteer instructors to provide space 
 14.13  for the classroom portion of the training.  The commissioner 
 14.14  shall consult with the commissioner of public safety in regard 
 14.15  to training program subject matter and performance testing that 
 14.16  leads to the certification of vehicle operators.  By June 30, 
 14.17  2003, the commissioner shall incorporate a riding component in 
 14.18  the safety education and training program. 
 14.19     Sec. 17.  Minnesota Statutes 2002, section 84.925, is 
 14.20  amended by adding a subdivision to read: 
 14.21     Subd. 3.  [EXEMPTION FROM TRAINING.] Until July 1, 2004, 
 14.22  the commissioner shall issue a certificate that satisfies the 
 14.23  requirements of section 84.773 to the operator of a registered 
 14.24  all-terrain vehicle who is at least 18 years of age and who 
 14.25  signs a statement on a form prepared by the commissioner that 
 14.26  the owner is familiar with and agrees to obey the all-terrain 
 14.27  vehicle laws in this state.  
 14.28     Sec. 18.  Minnesota Statutes 2002, section 84.926, is 
 14.29  amended to read: 
 14.30     84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 
 14.31  COMMISSIONER.] 
 14.32     Notwithstanding section 84.777, on a case by case 
 14.33  basis, after notice and public hearing, the commissioner 
 14.34  may allow vehicles issue a permit authorizing a person to 
 14.35  operate an off-highway vehicle on individual public trails under 
 14.36  the commissioner's jurisdiction during specified times and for 
 15.1   specified purposes.  
 15.2      Sec. 19.  Minnesota Statutes 2002, section 84.927, 
 15.3   subdivision 2, is amended to read: 
 15.4      Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
 15.5   legislature, money in the all-terrain vehicle account may only 
 15.6   be spent for the following purposes:  
 15.7      (1) the education and training program under section 
 15.8   84.925; 
 15.9      (2) administration and implementation of enforcement of 
 15.10  sections 84.773 to 84.777 and 84.92 to 84.929 and Laws 1984, 
 15.11  chapter 647, sections 9 and 10;, including, but not limited to, 
 15.12  increasing the number of conservation officers available for 
 15.13  enforcement of all-terrain vehicle laws to ensure that 
 15.14  all-terrain vehicle laws are sufficiently enforced; 
 15.15     (2) monitoring ongoing impacts of all-terrain vehicle use; 
 15.16     (3) providing restitution for the repair or restoration of 
 15.17  public or private property damaged by all-terrain vehicles when 
 15.18  the financial condition of the operator of the vehicle causing 
 15.19  the damage prevents prompt and complete restitution or when the 
 15.20  commissioner cannot determine the person causing the damage; 
 15.21     (3) acquisition, maintenance, and development of (4) 
 15.22  maintaining designated state all-terrain vehicle trails and use 
 15.23  areas; 
 15.24     (5) acquisition and development of trails designated for 
 15.25  use by all-terrain vehicles; 
 15.26     (6) funding state safety and environmental programs for 
 15.27  all-terrain vehicle use; 
 15.28     (7) providing grants-in-aid to local safety and 
 15.29  environmental programs for all-terrain vehicle use; and 
 15.30     (4) (8) funding grant-in-aid programs to counties and 
 15.31  municipalities to construct and maintain local all-terrain 
 15.32  vehicle trails and use areas; and 
 15.33     (5) grants-in-aid to local safety programs. 
 15.34     (b) The distribution of funds made available through 
 15.35  grant-in-aid programs must be guided by the statewide 
 15.36  comprehensive outdoor recreation plan. 
 16.1      (c) In determining the amount of money to be allocated for 
 16.2   enforcement purposes under paragraph (a), clause (1), the 
 16.3   commissioner shall consider: 
 16.4      (1) the number of all-terrain vehicles using state lands, 
 16.5   by enforcement region; 
 16.6      (2) the number of all-terrain vehicles using a particular 
 16.7   outdoor recreation unit in relation to the size of the unit and 
 16.8   the type, speed, and size of all-terrain vehicles used; 
 16.9      (3) the acreage of state land within each enforcement 
 16.10  region; 
 16.11     (4) the extent to which violations are cited in each 
 16.12  enforcement region; 
 16.13     (5) the overall performance of each enforcement region; 
 16.14     (6) special considerations, such as volume of transient, 
 16.15  nonresident, or rental all-terrain vehicles or extremely large 
 16.16  outdoor recreation units; and 
 16.17     (7) any other factor determined relevant by the 
 16.18  commissioner. 
 16.19     Sec. 20.  Minnesota Statutes 2002, section 84.928, 
 16.20  subdivision 1, is amended to read: 
 16.21     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 16.22  A person shall not operate an all-terrain vehicle along or on 
 16.23  the roadway, shoulder, or inside bank or slope of a public road 
 16.24  right-of-way other than in the ditch or the outside bank or 
 16.25  slope of a trunk, county state-aid, or county highway in this 
 16.26  state unless otherwise allowed in sections 84.92 to 
 16.27  84.929 off-road within a public road right-of-way in this state 
 16.28  except on a trail approved by the unit of government having 
 16.29  jurisdiction over the right-of-way and subsequently designated 
 16.30  by the commissioner. 
 16.31     (b) A person may operate an all-terrain vehicle registered 
 16.32  for private use and used for agricultural purposes on a public 
 16.33  road right-of-way of a trunk, county state-aid, or county 
 16.34  highway in this state if the all-terrain vehicle is operated on 
 16.35  the extreme right-hand side of the road, and left turns may be 
 16.36  made from any part of the road if it is safe to do so under the 
 17.1   prevailing conditions.  
 17.2      (c) A person shall not operate an all-terrain vehicle 
 17.3   within the public road right-of-way of a trunk, county 
 17.4   state-aid, or county highway from April 1 to August 1 in the 
 17.5   agricultural zone unless the vehicle is being used exclusively 
 17.6   as transportation to and from work on agricultural lands.  This 
 17.7   paragraph does not apply to an agent or employee of a road 
 17.8   authority, as defined in section 160.02, subdivision 25, or the 
 17.9   department of natural resources when performing or exercising 
 17.10  official duties or powers. 
 17.11     (d) A person shall not operate an all-terrain vehicle 
 17.12  within a designated trail on the public road right-of-way of a 
 17.13  trunk, county state-aid, or county highway between the hours of 
 17.14  one-half hour after sunset to one-half hour before sunrise, 
 17.15  except on the right-hand side of the right-of-way and in the 
 17.16  same direction as the highway traffic on the nearest lane of the 
 17.17  adjacent roadway. 
 17.18     (e) A person shall not operate an all-terrain vehicle at 
 17.19  any time within the right-of-way of an interstate highway or 
 17.20  freeway within this state. 
 17.21     Sec. 21.  [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.] 
 17.22     (a) This section applies to grants-in-aid for motorized 
 17.23  trail construction and maintenance under sections 84.794, 
 17.24  84.803, 84.83, and 84.927. 
 17.25     (b) If the commissioner of natural resources determines 
 17.26  that a grant-in-aid recipient has violated any federal or state 
 17.27  law or any of the terms of the grant agreement with the 
 17.28  commissioner, the commissioner must withhold all grant payments 
 17.29  for any work occurring after the date of the violation and seek 
 17.30  restitution for any property damage caused by the violation. 
 17.31     Sec. 22.  [STUDY OF OFF-HIGHWAY VEHICLE TRAILS BUDGET.] 
 17.32     By October 1, 2003, the commissioner of natural resources 
 17.33  must submit a report to the chairs of the legislative committees 
 17.34  with jurisdiction over natural resources policy and finance 
 17.35  concerning the cost of maintenance, operation, and enforcement 
 17.36  for the current off-highway vehicle trails system, including, 
 18.1   but not limited to, how many miles of trails the department's 
 18.2   off-highway vehicle budget will support.  The report must also 
 18.3   include: 
 18.4      (1) a detailed discussion of sources of revenue for trails; 
 18.5      (2) an analysis of recent and projected expenditures from 
 18.6   the off-highway vehicle accounts; 
 18.7      (3) information regarding all other sources of revenue used 
 18.8   for off-highway vehicle purposes; and 
 18.9      (4) a current inventory of all the state forest roads and 
 18.10  access routes, including designated off-highway vehicle routes 
 18.11  and all motorized and nonmotorized trails. 
 18.12     Sec. 23.  [APPROPRIATIONS.] 
 18.13     Subdivision 1.  [OFF-HIGHWAY MOTORCYCLES.] $....... in 
 18.14  fiscal year 2004 is appropriated from the off-highway motorcycle 
 18.15  account in the natural resources fund to the commissioner of 
 18.16  natural resources for the purposes of Minnesota Statutes, 
 18.17  section 84.794, subdivision 2. 
 18.18     Subd. 2.  [OFF-ROAD VEHICLES.] $....... in fiscal year 2004 
 18.19  is appropriated from the off-road vehicle account in the natural 
 18.20  resources fund to the commissioner of natural resources for the 
 18.21  purposes of Minnesota Statutes, section 84.803, subdivision 2. 
 18.22     Subd. 3.  [ALL-TERRAIN VEHICLES.] $....... in fiscal year 
 18.23  2004 is appropriated from the all-terrain vehicle account in the 
 18.24  natural resources fund to the commissioner of natural resources 
 18.25  for the purposes of Minnesota Statutes, section 84.927, 
 18.26  subdivision 2.