SF 1047

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying off-highway
vehicle provisions; providing certain rulemaking
exemptions; modifying forest classification review;
amending Minnesota Statutes 2004, sections 84.798,
subdivision 1; 84.9256, subdivision 1; 84.926; 89.19,
subdivision 2; Laws 2003, chapter 128, article 1,
section 167, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 84.798,
subdivision 1, is amended to read:

Subdivision 1.

General requirements.

Unless exempted
under subdivision 2, after January 1, 1995, a person may not
operate and an owner may not give permission for another to
operate deleted text begin a vehicle off-road, nor may a person have deleted text end an off-road
vehicle deleted text begin not registered under chapter 168 in possession at an
off-road vehicle staging area, or designated trail deleted text end new text begin on trails new text end or
deleted text begin area deleted text end new text begin areas designated for off-road vehicle use on land
administered by the commissioner, or on off-road vehicle
grant-in-aid trails and areas funded under section 84.803 new text end ,
unless the vehicle has been registered under this section.

Sec. 2.

Minnesota Statutes 2004, section 84.9256,
subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a)
Except for operation on public road rights-of-way that is
permitted under section 84.928, a driver's license issued by the
state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or
waters.

(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may
make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands
and waters, only if that person possesses a valid all-terrain
vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years
of age or older who holds a valid driver's license.

(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years
old, are not valid for machines in excess of 90cc engine
capacity unless:

(1) the person successfully completed the safety education
and training program under section 84.925, subdivision 1,
including a riding component; new text begin and
new text end

(2) deleted text begin the riding component of the training was conducted
using an all-terrain vehicle with over 90cc engine capacity; and
deleted text end

deleted text begin (3) deleted text end the person is able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.

Sec. 3.

Minnesota Statutes 2004, section 84.926, is
amended to read:

84.926 VEHICLE USE deleted text begin ALLOWED deleted text end ON PUBLIC LANDS deleted text begin BY THE
COMMISSIONER deleted text end new text begin ; EXCEPTIONS new text end .

new text begin Subdivision 1. new text end

new text begin Exception by permit.
new text end

Notwithstanding deleted text begin section deleted text end new text begin sections 84.773, subdivision 1, and
new text end 84.777, on a case by case basis, the commissioner may issue a
permit authorizing a person to operate an off-highway vehicle on
individual public trails under the commissioner's jurisdiction
during specified times and for specified purposes.

new text begin Subd. 2. new text end

new text begin All-terrain vehicles; managed or limited
forests; off trail. new text end

new text begin Notwithstanding section 84.777, on state
forest lands classified as managed or limited, other than the
Richard J. Dorer Memorial Hardwood Forest, a person may use an
all-terrain vehicle off forest trails or forest roads when:
new text end

new text begin (1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in
possession of a valid big game hunting license;
new text end

new text begin (2) retrieving big game in September, when in possession of
a valid big game hunting license;
new text end

new text begin (3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping
license; or
new text end

new text begin (4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
new text end

new text begin Subd. 3. new text end

new text begin All-terrain vehicles; closed forests;
hunting. new text end

new text begin Notwithstanding section 84.777, the commissioner may
determine whether all-terrain vehicles are allowed on specific
forest roads, on state forest lands classified as closed, for
the purpose of hunting big game during an open big game season.
The determination shall be by written order and published in the
State Register and is exempt from chapter 14. Section 14.386
does not apply.
new text end

new text begin Subd. 4. new text end

new text begin Off-road and all-terrain vehicles; limited or
managed forests; trails. new text end

new text begin Notwithstanding section 84.777, on
state forest lands classified as limited or managed, other than
the Richard J. Dorer Memorial Hardwood Forest, a person may use
all-terrain vehicles on forest trails that are not designated
for a specific use when:
new text end

new text begin (1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in
possession of a valid big game hunting license;
new text end

new text begin (2) retrieving big game in September, when in possession of
a valid big game hunting license;
new text end

new text begin (3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping
license; or
new text end

new text begin (4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
new text end

Sec. 4.

Minnesota Statutes 2004, section 89.19,
subdivision 2, is amended to read:

Subd. 2.

Rulemaking exemption.

Designations new text begin and
undesignations new text end of forest trails by the commissioner shall be by
written order published in the State Register. Designations new text begin and
undesignations new text end are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply. Before
designating new text begin or undesignating new text end forest trails, the commissioner
shall hold a public meeting in the county where the largest
portion of the forest lands are located to provide information
to and receive comment from the public regarding the proposed
trail designation new text begin or undesignation new text end . Sixty days before the
public meeting, notice of the proposed forest trail new text begin designation
or undesignation new text end shall be published in the legal newspapers that
serve the counties in which the lands are located, in a
statewide Department of Natural Resources news release, and in
the State Register.

Sec. 5.

Laws 2003, chapter 128, article 1, section 167,
subdivision 1, is amended to read:

Subdivision 1.

Forest classification status review.

(a)
By December 31, 2006, the commissioner of natural resources
shall complete a review of the forest classification status of
all state forests classified as managed new text begin or limited new text end , all forest
lands under the authority of the commissioner as defined in
Minnesota Statutes, section 89.001, subdivision 13, and lands
managed by the commissioner under Minnesota Statutes, section
282.011. The review must be conducted on a forest-by-forest and
area-by-area basis in accordance with the process and criteria
under Minnesota Rules, part 6100.1950. After each forest is
reviewed, the commissioner must change deleted text begin its deleted text end new text begin the new text end status new text begin of the
lands within each forest new text end to limited or closed deleted text begin , and deleted text end new text begin . The
commissioner may classify portions of a limited forest as
closed. In addition to state forests, the commissioner new text end must
new text begin also new text end provide a similar status for each of the other areas
subject to review under this section after each individual
review is completed.

(b) If the commissioner determines on January 1, 2005, that
the review required under this section cannot be completed by
December 31, 2006, the completion date for the review shall be
extended to December 31, 2008. By January 15, 2005, the
commissioner shall report to the chairs of the legislative
committees with jurisdiction over natural resources policy and
finance regarding the status of the process required by this
section.

(c) Until December 31, 2010, the state forests and areas
subject to review under this section are exempt from Minnesota
Statutes, section 84.777, unless an individual forest or area
has been classified as limited or closed.