SF 1163

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; modifying education and training 
  1.4             requirements for off-highway vehicles; modifying the 
  1.5             disposition of certain fees; increasing certain fees; 
  1.6             modifying off-highway vehicle grants-in-aid; requiring 
  1.7             registry of off-highway vehicle trails; providing for 
  1.8             enforcement; requiring studies and reports; 
  1.9             appropriating money; amending Minnesota Statutes 2002, 
  1.10            sections 84.791; 84.794, subdivision 2, by adding a 
  1.11            subdivision; 84.803, subdivision 2, by adding a 
  1.12            subdivision; 84.922, subdivision 5; 84.925, 
  1.13            subdivision 1; 84.927, subdivision 2, by adding a 
  1.14            subdivision; 84.928, subdivisions 1, 2; 85.017; 
  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.  [84.780] [OPERATION OF OFF-HIGHWAY VEHICLES.] 
  1.19     Subdivision 1.  [DEFINITION.] For purposes of this chapter, 
  1.20  "off-highway vehicle" means an off-highway motorcycle, as 
  1.21  defined under section 84.787, an off-road vehicle, as defined 
  1.22  under section 84.797, or an all-terrain vehicle, as defined 
  1.23  under section 84.92. 
  1.24     Subd. 2.  [CERTIFICATE.] A person may not operate an 
  1.25  off-highway vehicle unless the operator has complied with the 
  1.26  appropriate educational certificate requirements listed in this 
  1.27  section, except that a person may operate an off-road vehicle on 
  1.28  a legal public or private roadway without a certificate.  An 
  1.29  operator of any off-highway vehicle must possess a copy of the 
  1.30  appropriate certificate at all times while operating the 
  1.31  vehicle.  For off-highway motorcycle use, the operator must 
  2.1   possess the certificate described in section 84.791.  For 
  2.2   off-road vehicle use, the operator must possess the certificate 
  2.3   described in section 84.8015.  For all-terrain vehicle use, the 
  2.4   operator must possess the certificate described in section 
  2.5   84.925.  
  2.6      Subd. 3.  [REVOCATION OF CERTIFICATE.] If the commissioner 
  2.7   of natural resources determines that a person has been convicted 
  2.8   of three misdemeanor offenses related to the operation of an 
  2.9   off-highway vehicle, the commissioner must revoke all of the 
  2.10  off-highway vehicle certificates the person possesses.  
  2.11     Sec. 2.  [84.782] [OFF-HIGHWAY VEHICLE CIVIL CITATIONS.] 
  2.12     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
  2.13  conservation officer or other licensed peace officer may issue a 
  2.14  civil citation to a person who operates: 
  2.15     (1) an off-highway motorcycle in violation of sections 
  2.16  84.780, 84.788 to 84.795, or 84.90; 
  2.17     (2) an off-road vehicle in violation of sections 84.780, 
  2.18  84.798 to 84.804, or 84.90; or 
  2.19     (3) an all-terrain vehicle in violation of sections 84.780, 
  2.20  84.90, or 84.922 to 84.928. 
  2.21     (b) The citation must impose a penalty of no more than $50 
  2.22  for the first offense, no more than $500 for the second offense, 
  2.23  and no more than $1,000 for the third and subsequent offenses.  
  2.24  For the third and subsequent offenses, the commissioner of 
  2.25  natural resources must revoke all certificates issued to the 
  2.26  person for purposes of section 84.780.  
  2.27     Subd. 2.  [APPEALS.] Civil citations under subdivision 1 
  2.28  may be appealed according to section 116.072, subdivision 6, if 
  2.29  the recipient of the citation requests a hearing by notifying 
  2.30  the commissioner of natural resources in writing within 15 days 
  2.31  after receipt of the citation.  For the purposes of this 
  2.32  section, the terms "commissioner" and "agency" as used in 
  2.33  section 116.072 mean the commissioner of natural resources.  If 
  2.34  a hearing is not requested within the 15-day period, the 
  2.35  citation becomes a final order not subject to further review.  
  2.36     Subd. 3.  [ENFORCEMENT.] Civil citations issued under 
  3.1   subdivision 1 may be enforced under section 116.072, subdivision 
  3.2   9.  Penalty amounts must be remitted within 30 days of issuance 
  3.3   of the penalty citation.  If a person fails to pay a penalty 
  3.4   owed under this section within 30 days of the citation, the 
  3.5   commissioner must revoke all certificates issued to the person 
  3.6   for purposes of section 84.780.  
  3.7      Subd. 4.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
  3.8   collected from civil citations issued under this section are 
  3.9   deposited to the unit of government employing the officer that 
  3.10  issued the civil citation.  Penalty amounts retained by the 
  3.11  commissioner shall be credited as follows:  to the off-highway 
  3.12  motorcycle account under section 84.794 for citations involving 
  3.13  off-highway motorcycles; to the off-road vehicle account under 
  3.14  section 84.803 for citations involving off-road vehicles; or to 
  3.15  the all-terrain vehicle account under section 84.927 for 
  3.16  citations involving all-terrain vehicles.  Penalty amounts 
  3.17  credited under this subdivision are dedicated for the 
  3.18  enforcement of off-highway vehicle laws.  
  3.19     Subd. 5.  [SELECTION OF REMEDY.] A peace officer may not 
  3.20  seek both civil and misdemeanor penalties for offenses listed in 
  3.21  subdivision 1.  
  3.22     Sec. 3.  Minnesota Statutes 2002, section 84.791, is 
  3.23  amended to read: 
  3.24     84.791 [EDUCATION AND TRAINING.] 
  3.25     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
  3.26  shall establish a comprehensive off-highway motorcycle 
  3.27  environment and safety education and training program, including 
  3.28  the preparation and dissemination of vehicle information and 
  3.29  safety advice to the public, the training of off-highway 
  3.30  motorcycle operators, and the issuance of off-highway motorcycle 
  3.31  safety certificates to operators under the age of 16 years who 
  3.32  successfully complete the off-highway motorcycle environment and 
  3.33  safety education and training courses.  The courses must include:
  3.34     (1) information about the responsible operation of 
  3.35  off-highway motorcycles on public lands and frozen waters, 
  3.36  including information about relevant state laws and the 
  4.1   environmental impacts related to trail riding behavior; and 
  4.2      (2) a written and riding skills demonstration component. 
  4.3      Subd. 2.  [FEE.] For the purposes of administering the 
  4.4   program and to defray a portion of the expenses of training and 
  4.5   certifying vehicle operators, the commissioner shall collect a 
  4.6   fee not to exceed $5 $10 from each person who receives the 
  4.7   training. The fees must be deposited in the state treasury and 
  4.8   credited to the off-highway motorcycle account. 
  4.9      Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
  4.10  shall cooperate with private organizations and associations, 
  4.11  private and public corporations, and local governmental units, 
  4.12  and federal government agencies in furtherance of the program 
  4.13  established under this section.  The commissioner shall consult 
  4.14  with the commissioner of public safety in regard to training 
  4.15  program subject matter and performance testing that leads to the 
  4.16  certification of off-road motorcycle operators. 
  4.17     Sec. 4.  Minnesota Statutes 2002, section 84.794, 
  4.18  subdivision 2, is amended to read: 
  4.19     Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
  4.20  legislature, Money in the off-highway motorcycle account is 
  4.21  appropriated to the commissioner and may only be spent for the 
  4.22  following purposes, listed in order of priority: 
  4.23     (1) administration, enforcement, and implementation of 
  4.24  sections 84.787 to 84.796 including, but not limited to, 
  4.25  increasing the number of conservation officers available for 
  4.26  enforcement of off-highway motorcycle laws and ensuring that 
  4.27  off-highway motorcycle laws are sufficiently enforced; 
  4.28     (2) acquisition, maintenance, and development of monitoring 
  4.29  ongoing impacts of off-highway motorcycle use; 
  4.30     (3) providing restitution for public or private property 
  4.31  damage resulting from the use of off-highway motorcycles when 
  4.32  the financial condition of the operator of the vehicle causing 
  4.33  the damage prevents prompt and complete restitution or when the 
  4.34  commissioner cannot determine the operator causing the damage; 
  4.35     (4) maintaining designated state off-highway motorcycle 
  4.36  trails and use areas; and 
  5.1      (3) grants-in-aid (5) funding state safety and 
  5.2   environmental programs for off-highway motorcycle use; 
  5.3      (6) providing grants-in-aid to local enforcement, safety, 
  5.4   and environmental programs for off-highway motorcycle use; and 
  5.5      (7) funding grant-in-aid programs to counties and 
  5.6   municipalities to construct and maintain local off-highway 
  5.7   motorcycle trails and use areas. 
  5.8      (b) The distribution of funds made available for 
  5.9   grants-in-aid must be guided by the statewide comprehensive 
  5.10  outdoor recreation plan. 
  5.11     (c) The legislature may not appropriate money for 
  5.12  acquisition and development of trails designated for use by 
  5.13  off-highway motorcycles until the purposes of paragraph (a) are 
  5.14  met. 
  5.15     Sec. 5.  Minnesota Statutes 2002, section 84.794, is 
  5.16  amended by adding a subdivision to read: 
  5.17     Subd. 3.  [LOCAL GOVERNMENT AND INDIVIDUAL CLAIMS FOR 
  5.18  DAMAGE.] Local units of government and individuals may apply to 
  5.19  the commissioner for financial assistance under subdivision 2, 
  5.20  paragraph (a), clause (3).  The claimant must provide 
  5.21  information to the commissioner that describes the nature and 
  5.22  extent of the damage and the estimated cost of repairs.  
  5.23     Sec. 6.  [84.8015] [EDUCATION AND TRAINING.] 
  5.24     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner of 
  5.25  natural resources shall establish a comprehensive off-road 
  5.26  vehicle environment and safety education and training program, 
  5.27  including the preparation and dissemination of vehicle 
  5.28  information and safety advice to the public, the training of 
  5.29  off-road vehicle operators, and the issuance of off-road vehicle 
  5.30  certificates to operators who successfully complete the off-road 
  5.31  vehicle environment and safety education and training courses.  
  5.32  The courses must include: 
  5.33     (1) information about the responsible operation of off-road 
  5.34  vehicles on public lands and frozen waters, including 
  5.35  information about relevant state laws and the environmental 
  5.36  impacts related to trail use; and 
  6.1      (2) a written and driving skills demonstration component.  
  6.2      Subd. 2.  [FEE.] For the purposes of administering the 
  6.3   program and to defray a portion of the expenses of training and 
  6.4   certifying vehicle operators, the commissioner shall collect a 
  6.5   fee not to exceed $10 from each person who receives the 
  6.6   training.  The fees must be deposited in the state treasury and 
  6.7   credited to the off-road vehicle account.  
  6.8      Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
  6.9   shall cooperate with private organizations and associations, 
  6.10  private and public corporations, local governmental units, and 
  6.11  federal government agencies in furtherance of the program 
  6.12  established under this section.  The commissioner shall consult 
  6.13  with the commissioner of public safety in regard to training 
  6.14  program subject matter and performance testing that leads to the 
  6.15  certification of off-road vehicle operators.  
  6.16     Sec. 7.  Minnesota Statutes 2002, section 84.803, 
  6.17  subdivision 2, is amended to read: 
  6.18     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
  6.19  legislature, (a) Money in the off-road vehicle account is 
  6.20  appropriated to the commissioner and may only be spent for the 
  6.21  following purposes, listed in order of priority: 
  6.22     (1) administration and implementation of enforcement of 
  6.23  sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, 
  6.24  section 18 including, but not limited to, increasing the number 
  6.25  of conservation officers available for enforcement of off-road 
  6.26  vehicle laws and ensuring that off-road vehicle laws are 
  6.27  sufficiently enforced; 
  6.28     (2) acquisition, maintenance, and development of monitoring 
  6.29  ongoing impacts of off-road vehicle use; 
  6.30     (3) providing restitution for public or private property 
  6.31  damage resulting from the use of off-road vehicles when the 
  6.32  financial condition of the operator of the vehicle causing the 
  6.33  damage prevents prompt and complete restitution or when the 
  6.34  commissioner cannot determine the person causing the damage; 
  6.35     (4) maintaining designated state off-road vehicle trails 
  6.36  and use areas; 
  7.1      (5) funding state safety and environmental programs for 
  7.2   off-road vehicle use; 
  7.3      (6) providing grants-in-aid to local enforcement, safety, 
  7.4   and environmental programs for off-road vehicle use; and 
  7.5      (3) (7) funding grant-in-aid programs to counties and 
  7.6   municipalities to construct and maintain local off-road vehicle 
  7.7   trails and use areas; and 
  7.8      (4) grants-in-aid to local safety programs. 
  7.9      (b) The legislature may not appropriate money for 
  7.10  acquisition and development of trails designated for use by 
  7.11  off-road vehicles until the purposes of paragraph (a) are met. 
  7.12     Sec. 8.  Minnesota Statutes 2002, section 84.803, is 
  7.13  amended by adding a subdivision to read: 
  7.14     Subd. 3.  [LOCAL GOVERNMENT AND INDIVIDUAL CLAIMS FOR 
  7.15  DAMAGE.] Local units of government and individuals may apply to 
  7.16  the commissioner for financial assistance under subdivision 2, 
  7.17  paragraph (a), clause (3).  The claimant must provide 
  7.18  information to the commissioner that describes the nature and 
  7.19  extent of the damage and the estimated cost of repairs.  
  7.20     Sec. 9.  Minnesota Statutes 2002, section 84.922, 
  7.21  subdivision 5, is amended to read: 
  7.22     Subd. 5.  [FEES FOR REGISTRATION.] (a) The fee for a 
  7.23  three-year registration of an all-terrain vehicle under this 
  7.24  section, other than those registered by a dealer or manufacturer 
  7.25  under paragraph (b) or (c), is:  
  7.26     (1) for public use, $18 $45; 
  7.27     (2) for private use, $6 $15; and 
  7.28     (3) for a duplicate or transfer, $4. 
  7.29     (b) The total registration fee for all-terrain vehicles 
  7.30  owned by a dealer and operated for demonstration or testing 
  7.31  purposes is $50 per year.  Dealer registrations are not 
  7.32  transferable. 
  7.33     (c) The total registration fee for all-terrain vehicles 
  7.34  owned by a manufacturer and operated for research, testing, 
  7.35  experimentation, or demonstration purposes is $150 per year.  
  7.36  Manufacturer registrations are not transferable.  
  8.1      (d) The fees collected under this subdivision must be 
  8.2   credited to the all-terrain vehicle account. 
  8.3      Sec. 10.  Minnesota Statutes 2002, section 84.925, 
  8.4   subdivision 1, is amended to read: 
  8.5      Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  8.6   shall establish a comprehensive all-terrain vehicle 
  8.7   environmental and safety education and training program, 
  8.8   including the preparation and dissemination of vehicle 
  8.9   information and safety advice to the public, the training of 
  8.10  all-terrain vehicle operators, and the issuance of all-terrain 
  8.11  vehicle safety certificates to vehicle operators over the age of 
  8.12  12 years who successfully complete the all-terrain vehicle 
  8.13  environmental and safety education and training course.  The 
  8.14  courses must include: 
  8.15     (1) information about the responsible operation of 
  8.16  all-terrain vehicles on public lands and frozen waters, 
  8.17  including information about relevant state laws and the 
  8.18  environmental impacts related to trail riding behavior; and 
  8.19     (2) a written and riding skills demonstration component.  
  8.20     (b) For the purpose of administering the program and to 
  8.21  defray a portion of the expenses of training and certifying 
  8.22  vehicle operators, the commissioner shall collect a fee of $15 
  8.23  from each person who receives the training.  Fee proceeds shall 
  8.24  be deposited in the all-terrain vehicle account in the natural 
  8.25  resources fund. 
  8.26     (c) The commissioner shall cooperate with private 
  8.27  organizations and associations, private and public corporations, 
  8.28  and local governmental units, and federal government agencies in 
  8.29  furtherance of the program established under this section.  
  8.30  School districts may cooperate with the commissioner and 
  8.31  volunteer instructors to provide space for the classroom portion 
  8.32  of the training.  The commissioner shall consult with the 
  8.33  commissioner of public safety in regard to training program 
  8.34  subject matter and performance testing that leads to the 
  8.35  certification of vehicle operators.  By June 30, 2003, the 
  8.36  commissioner shall incorporate a riding component in the safety 
  9.1   education and training program. 
  9.2      Sec. 11.  Minnesota Statutes 2002, section 84.927, 
  9.3   subdivision 2, is amended to read: 
  9.4      Subd. 2.  [PURPOSES.] Subject to appropriation by the 
  9.5   legislature, (a) Money in the all-terrain vehicle account is 
  9.6   appropriated to the commissioner and may only be spent for the 
  9.7   following purposes, listed in order of priority:  
  9.8      (1) the education and training program under section 
  9.9   84.925; 
  9.10     (2) administration and implementation of enforcement of 
  9.11  sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 
  9.12  and 10; including, but not limited to, increasing the number of 
  9.13  conservation officers available for enforcement of all-terrain 
  9.14  vehicle laws and ensuring that all-terrain vehicle laws are 
  9.15  sufficiently enforced; 
  9.16     (2) monitoring ongoing impacts of all-terrain vehicle use; 
  9.17     (3) providing restitution for public or private property 
  9.18  damage resulting from the use of all-terrain vehicles when the 
  9.19  financial condition of the operator of the vehicle causing the 
  9.20  damage prevents prompt and complete restitution or when the 
  9.21  commissioner cannot determine the person causing the damage; 
  9.22     (3) acquisition, maintenance, and development of (4) 
  9.23  maintaining designated state all-terrain vehicle trails and use 
  9.24  areas; 
  9.25     (5) funding state safety and environmental programs for 
  9.26  all-terrain vehicle use; 
  9.27     (6) providing grants-in-aid to local enforcement, safety, 
  9.28  and environmental programs for all-terrain vehicle use; and 
  9.29     (4) (7) funding grant-in-aid programs to counties and 
  9.30  municipalities to construct and maintain local all-terrain 
  9.31  vehicle trails and use areas; and 
  9.32     (5) grants-in-aid to local safety programs. 
  9.33     (b) The distribution of funds made available through 
  9.34  grant-in-aid programs must be guided by the statewide 
  9.35  comprehensive outdoor recreation plan. 
  9.36     (c) The legislature may not appropriate money for 
 10.1   acquisition and development of trails designated for use by 
 10.2   all-terrain vehicles until the purposes of paragraph (a) are met.
 10.3      Sec. 12.  Minnesota Statutes 2002, section 84.927, is 
 10.4   amended by adding a subdivision to read: 
 10.5      Subd. 3.  [LOCAL GOVERNMENT AND INDIVIDUAL CLAIMS FOR 
 10.6   DAMAGE.] Local units of government and individuals may apply to 
 10.7   the commissioner for financial assistance under subdivision 2, 
 10.8   paragraph (a), clause (3).  The claimant must provide 
 10.9   information to the commissioner that describes the nature and 
 10.10  extent of the damage and the estimated cost of repairs.  
 10.11     Sec. 13.  Minnesota Statutes 2002, section 84.928, 
 10.12  subdivision 1, is amended to read: 
 10.13     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 10.14  A person shall not operate an all-terrain vehicle along or on 
 10.15  the roadway, shoulder, or inside bank or slope of a public road 
 10.16  right-of-way other than in the ditch or the outside bank or 
 10.17  slope of a trunk, county state-aid, or county highway in this 
 10.18  state unless otherwise allowed in sections 84.92 to 84.929 off 
 10.19  road within a public road right-of-way in this state except on a 
 10.20  trail designated by the commissioner and approved by the unit of 
 10.21  government having jurisdiction over the right-of-way. 
 10.22     (b) A person may operate an all-terrain vehicle registered 
 10.23  for private use and used for agricultural purposes on a public 
 10.24  road right-of-way of a trunk, county state-aid, or county 
 10.25  highway in this state if the all-terrain vehicle is operated on 
 10.26  the extreme right-hand side of the road, and left turns may be 
 10.27  made from any part of the road if it is safe to do so under the 
 10.28  prevailing conditions.  
 10.29     (c) A person shall not operate an all-terrain vehicle 
 10.30  within the public road right-of-way of a trunk, county 
 10.31  state-aid, or county highway from April 1 to August 1 in the 
 10.32  agricultural zone unless the vehicle is being used exclusively 
 10.33  as transportation to and from work on agricultural lands.  This 
 10.34  paragraph does not apply to an agent or employee of a road 
 10.35  authority, as defined in section 160.02, subdivision 25, or the 
 10.36  department of natural resources when performing or exercising 
 11.1   official duties or powers. 
 11.2      (d) A person shall not operate an all-terrain vehicle 
 11.3   within a designated trail on the public road right-of-way of a 
 11.4   trunk, county state-aid, or county highway between the hours of 
 11.5   one-half hour after sunset to one-half hour before sunrise, 
 11.6   except on the right-hand side of the right-of-way and in the 
 11.7   same direction as the highway traffic on the nearest lane of the 
 11.8   adjacent roadway. 
 11.9      (e) A person shall not operate an all-terrain vehicle at 
 11.10  any time within the right-of-way of an interstate highway or 
 11.11  freeway within this state. 
 11.12     Sec. 14.  Minnesota Statutes 2002, section 84.928, 
 11.13  subdivision 2, is amended to read: 
 11.14     Subd. 2.  [OPERATION GENERALLY.] A person may not drive or 
 11.15  operate an all-terrain vehicle: 
 11.16     (1) at a rate of speed greater than reasonable or proper 
 11.17  under the surrounding circumstances; 
 11.18     (2) in a careless, reckless, or negligent manner so as to 
 11.19  endanger or to cause injury or damage to the person or property 
 11.20  of another; 
 11.21     (3) without headlight and taillight lighted at all times if 
 11.22  the vehicle is equipped with headlight and taillight; 
 11.23     (4) without a functioning stoplight if so equipped; 
 11.24     (5) in a tree nursery or planting in a manner that damages 
 11.25  or destroys growing stock; 
 11.26     (6) without a brake operational by either hand or foot; 
 11.27     (7) with more persons on the vehicle than it was designed 
 11.28  for, except as allowed under section 84.9257; 
 11.29     (8) at a speed exceeding ten miles per hour on the frozen 
 11.30  surface of public waters within 100 feet of a person not on an 
 11.31  all-terrain vehicle or within 100 feet of a fishing shelter; or 
 11.32     (9) equipped with extreme traction tires on public lands; 
 11.33  or 
 11.34     (10) in a manner that violates operation rules adopted by 
 11.35  the commissioner. 
 11.36     Sec. 15.  [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.] 
 12.1      (a) This section applies to grants-in-aid for motorized 
 12.2   trail construction and maintenance under sections 84.794, 
 12.3   84.803, 84.83, and 84.927. 
 12.4      (b) Grant recipients proposing to fill or grade any portion 
 12.5   of a trail or to develop a new trail for off-highway vehicles, 
 12.6   as defined in section 84.780, subdivision 1, must obtain an 
 12.7   opinion regarding the location of wetlands in the proposed 
 12.8   project area from an individual trained in the delineation of 
 12.9   wetlands.  A written copy of the opinion must be provided to and 
 12.10  maintained by the commissioner of natural resources. 
 12.11     (c) The commissioner shall reduce the amount of 
 12.12  grants-in-aid to a recipient who has violated any of the 
 12.13  grant-in-aid program requirements as follows: 
 12.14     (1) for the first violation, a written warning describing 
 12.15  the financial consequences of future violations must be given to 
 12.16  the recipient and maintained by the commissioner; 
 12.17     (2) for the second violation, the amount of the grant 
 12.18  remaining in the fiscal year must be reduced by 30 percent; and 
 12.19     (3) for the third violation, the remainder of the grant for 
 12.20  the fiscal year must be withheld and the commissioner must 
 12.21  rescind permission for motorized use of state land for all 
 12.22  trails maintained by the grant-in-aid recipient.  
 12.23     Sec. 16.  Minnesota Statutes 2002, section 85.017, is 
 12.24  amended to read: 
 12.25     85.017 [TRAIL REGISTRY.] 
 12.26     The commissioner of natural resources shall compile and 
 12.27  maintain a current registry of cross-country skiing, hiking, 
 12.28  horseback riding, off-highway motorcycle, off-road vehicle, 
 12.29  all-terrain vehicle, and snowmobiling trails in the state and 
 12.30  shall publish and distribute the information in the manner 
 12.31  prescribed in section 86A.11.  The metropolitan council, the 
 12.32  commissioner of trade and economic development, the Minnesota 
 12.33  historical society, and local units of government shall 
 12.34  cooperate with and assist the commissioner in preparing the 
 12.35  registry. 
 12.36     Sec. 17.  [STUDY OF OFF-HIGHWAY VEHICLE TRAILS BUDGET.] 
 13.1      By December 15, 2003, the commissioner of natural resources 
 13.2   must submit a report to the chairs of the legislative committees 
 13.3   with jurisdiction over natural resources policy and finance 
 13.4   concerning the cost of maintaining and operating the current 
 13.5   off-highway vehicle trails system, including, but not limited 
 13.6   to, how many miles of trails the department's off-highway 
 13.7   vehicle budget will support.  The report must also include: 
 13.8      (1) a detailed discussion of sources of revenue for trails; 
 13.9      (2) an analysis of recent and projected expenditures from 
 13.10  the off-highway vehicle accounts; 
 13.11     (3) information regarding all other sources of revenue used 
 13.12  for off-highway vehicle purposes; and 
 13.13     (4) a thorough inventory of all off-highway vehicle routes 
 13.14  in the state. 
 13.15     Sec. 18.  [OFF-HIGHWAY VEHICLE GASOLINE USAGE STUDY; 
 13.16  APPROPRIATION.] 
 13.17     (a) $....... is appropriated in fiscal year 2004 from the 
 13.18  all-terrain vehicle account in the natural resources fund to the 
 13.19  commissioner of transportation for a determination of 
 13.20  all-terrain vehicle gasoline consumption in this state. 
 13.21     (b) The commissioner must use the appropriation to employ a 
 13.22  qualified consultant to determine the actual percent of all 
 13.23  gasoline received in and produced or brought into the state, 
 13.24  except gasoline used for aviation purposes, that is being used 
 13.25  as fuel for all-terrain vehicles in the state.  The study must 
 13.26  include a determination of the amount of gasoline consumed by 
 13.27  vehicles in the course of transporting all-terrain vehicles on 
 13.28  the highways of the state.  The commissioner shall consult with 
 13.29  the commissioners of revenue and natural resources in preparing 
 13.30  the request for proposals for the study and in selecting the 
 13.31  consultant to perform the study.  The commissioner shall report 
 13.32  to the legislature on the results of the study by February 1, 
 13.33  2004.  
 13.34     Sec. 19.  [REVIEW OF GRANT-IN-AID TRAILS PROGRAM.] 
 13.35     The commissioner of natural resources must review 
 13.36  grant-in-aid policies and procedures for trails in light of the 
 14.1   legislative auditor's report and recommendations of January 
 14.2   2003.  The commissioner must prepare a report concerning the 
 14.3   status of the grant-in-aid program and any changes made in the 
 14.4   program relevant to the recommendations and findings in the 
 14.5   report. 
 14.6      Sec. 20.  [EFFECTIVE DATE.] 
 14.7      Section 17 is effective the day following final enactment.