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; modifying disposition 1.3 of money in certain accounts; providing for the 1.4 environmental review of certain motorized trails; 1.5 providing for grants to local law enforcement; 1.6 appropriating money; amending Minnesota Statutes, 1.7 2002, sections 84.794; subdivision 2; 84.803, 1.8 subdivision 2; 84.927, subdivision 2; proposing coding 1.9 for new law in Minnesota Statutes, chapter 84. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. Minnesota Statutes 2002, section 84.794, 1.12 subdivision 2, is amended to read: 1.13 Subd. 2. [PURPOSES.] (a) Subject to appropriation by the 1.14 legislature, money in the off-highway motorcycle account may 1.15 only be spent for: 1.16 (1) administration, enforcement, and implementation of 1.17 sections 84.787 to 84.796; 1.18 (2) acquisition, maintenance, and development of 1.19 off-highway motorcycle trails and use areas;and1.20 (3) grants-in-aid to counties and municipalities to 1.21 construct and maintain off-highway motorcycle trails and use 1.22 areas; and 1.23 (4) enforcement and public education grants to local law 1.24 enforcement agencies. 1.25 (b) The distribution of funds made available for 1.26 grants-in-aid must be guided by the statewide comprehensive 1.27 outdoor recreation plan. 2.1 Sec. 2. Minnesota Statutes 2002, section 84.803, 2.2 subdivision 2, is amended to read: 2.3 Subd. 2. [PURPOSES.] Subject to appropriation by the 2.4 legislature, money in the off-road vehicle account may only be 2.5 spent for: 2.6 (1) administration, enforcement, and implementation of 2.7 sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, 2.8 section 18; 2.9 (2) acquisition, maintenance, and development of off-road 2.10 vehicle trails and use areas; 2.11 (3) grant-in-aid programs to counties and municipalities to 2.12 construct and maintain off-road vehicle trails and use areas; 2.13and2.14 (4) grants-in-aid to local safety programs; and 2.15 (5) enforcement and public education grants to local law 2.16 enforcement agencies. 2.17 Sec. 3. [84.905] [MOTORIZED RECREATIONAL VEHICLE USE; 2.18 ENVIRONMENTAL REVIEW.] 2.19 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 2.20 section, the following terms have the meaning given them. 2.21 (b) "Motorized recreational vehicle" means: 2.22 (1) an off-highway motorcycle, as defined in section 2.23 84.787, subdivision 7; 2.24 (2) an off-road vehicle, as defined in section 84.797, 2.25 subdivision 7; or 2.26 (3) an all-terrain vehicle, as defined in section 84.92, 2.27 subdivision 8. 2.28 (c) "Motorized recreational vehicle sports park" means an 2.29 area that is posted and designated to permit off-trail use of 2.30 motorized recreational vehicles. 2.31 (d) "Motorized trail" means a trail where the use of 2.32 motorized recreational vehicles is allowed. 2.33 Subd. 2. [MANDATORY ENVIRONMENTAL ASSESSMENT 2.34 WORKSHEET.] An environmental assessment worksheet, according to 2.35 section 116D.04 and rules of the environmental quality board, is 2.36 required for: 3.1 (1) the construction of a new motorized trail greater than 3.2 25 continuous miles in length; 3.3 (2) the conversion of a nonmotorized trail system to a 3.4 motorized trail system; or 3.5 (3) the development of a motorized recreational vehicle 3.6 sports park. 3.7 Subd. 3. [ENVIRONMENTAL REVIEW EXEMPTION.] Environmental 3.8 review, under section 116D.04 and rules of the environmental 3.9 quality board, is not required for: 3.10 (1) the formal designation of a motorized trail that is 3.11 lawfully used by motorized recreational vehicles at the time of 3.12 designation; 3.13 (2) the rerouting of less than one continuous mile of 3.14 motorized trail for safety considerations or to avoid sensitive 3.15 areas; or 3.16 (3) the designation of existing public or forest roads for 3.17 motorized recreational vehicle use. 3.18 Sec. 4. Minnesota Statutes 2002, section 84.927, 3.19 subdivision 2, is amended to read: 3.20 Subd. 2. [PURPOSES.] Subject to appropriation by the 3.21 legislature, money in the all-terrain vehicle account may only 3.22 be spent for: 3.23 (1) the education and training program under section 3.24 84.925; 3.25 (2) administration, enforcement, and implementation of 3.26 sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 3.27 and 10; 3.28 (3) acquisition, maintenance, and development of vehicle 3.29 trails and use areas; 3.30 (4) grant-in-aid programs to counties and municipalities to 3.31 construct and maintain all-terrain vehicle trails and use areas; 3.32and3.33 (5) grants-in-aid to local safety programs; and 3.34 (6) enforcement and public education grants to local law 3.35 enforcement agencies. 3.36 The distribution of funds made available through 4.1 grant-in-aid programs must be guided by the statewide 4.2 comprehensive outdoor recreation plan. 4.3 Sec. 5. [OFF-HIGHWAY VEHICLE AND TRAILS APPROPRIATIONS.] 4.4 Subdivision 1. [ENFORCEMENT AND PUBLIC EDUCATION.] 4.5 $....... in fiscal year 2004 and $....... in fiscal year 2005 4.6 are appropriated to the commissioner of natural resources from 4.7 the natural resources fund for grants to county law enforcement 4.8 agencies for off-highway vehicle enforcement and public 4.9 education activities based on off-highway vehicle use and trail 4.10 mileage in the county. Of this amount, $....... each year is 4.11 from the all-terrain vehicle account, $....... each year is from 4.12 the off-road vehicle account, and $....... each year is from the 4.13 off-highway motorcycle account. The county enforcement agencies 4.14 may use money received under this subdivision to make grants to 4.15 other local enforcement agencies within the county that have a 4.16 high concentration of off-highway vehicle use. 4.17 Subd. 2. [TRAIL DEVELOPMENT.] $....... in fiscal year 2004 4.18 and $....... in fiscal year 2005 are appropriated to the 4.19 commissioner of natural resources from the natural resources 4.20 fund for trail development. Of this amount, $....... each year 4.21 is from the all-terrain vehicle account, $....... each year is 4.22 from the off-road vehicle account, and $....... each year is 4.23 from the off-highway motorcycle account. 4.24 Subd. 3. [OFF-HIGHWAY VEHICLE FACILITIES.] $....... in 4.25 fiscal year 2004 is appropriated from the natural resources fund 4.26 to the commissioner of natural resources for the Iron Range 4.27 off-highway vehicle recreation area. Of this amount, $....... 4.28 is from the all-terrain vehicle account, $....... is from the 4.29 off-highway motorcycle account, and $....... is from the 4.30 off-road vehicle account. This appropriation is available until 4.31 expended.