Minnesota Legislature
SF 1185
2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/21/2007 | |
| 1st Engrossment | Posted on 04/11/2007 | |
| 2nd Engrossment | Posted on 05/09/2007 |
Current Version - 2nd Engrossment
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A bill for an act
relating to natural resources; modifying acquisition authority for state trails;
modifying registration or operation requirements for off-road recreational
vehicles; providing for off-trail snowmobile use in certain state forests;
modifying description of or requirements for certain state trails; providing for
membership on Game and Fish Budgetary Oversight Committee; providing a
penalty; amending Minnesota Statutes 2006, sections 84.029, subdivision 2;
84.788, subdivision 1; 84.82, subdivision 6; 84.8205, subdivision 1; 84.925,
subdivision 5; 84.9256, subdivision 2, by adding a subdivision; 84.9257; 84.926,
by adding subdivisions; 84.928, subdivision 1; 84.929; 85.015, subdivisions 14,
22; 169A.35, subdivision 1; repealing Minnesota Statutes 2006, sections 84.928,
subdivision 8; 85.015, subdivision 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 84.029, subdivision 2, is amended to read:
Subd. 2.
Acquisition of land for trails.
The commissioner may acquire, by gift,
purchase, or lease, easements or other interests in land for trails, and recreational uses
related to trails, where necessary to complete trails established primarily in state forests,
state parks, or other public land under the jurisdiction of the commissioner, when railroad
rights-of-way are abandoned, when the use of township roads is compatible with vehicular
travel, deleted text begin anddeleted text end new text begin or new text end when needed to complete trails established by the legislature.
Sec. 2.
Minnesota Statutes 2006, section 84.788, subdivision 1, is amended to read:
Subdivision 1.
General requirements.
Unless exempted in subdivision 2, deleted text begin after
January 1, 1994,deleted text end a person may not operate and an owner may not give permission for
another to operate an off-highway motorcycle deleted text begin on public lands or watersdeleted text end unless the vehicle
has been registered under this section.
Sec. 3.
Minnesota Statutes 2006, section 84.82, subdivision 6, is amended to read:
Subd. 6.
Exemptions.
Registration is not required under this section for:
(1) a snowmobile owned and used by the United States, another state, or a political
subdivision thereof;
(2) a snowmobile registered in a country other than the United States temporarily
used within this state;
(3) a snowmobile that is covered by a valid license of another state and has not been
within this state for more than 30 consecutive days;
(4) a snowmobile used exclusively in organized track racing events;
(5) a snowmobile in transit by a manufacturer, distributor, or dealer; deleted text begin or
deleted text end
(6) a snowmobile at least 15 years old in transit by an individual for use only on
land owned or leased by the individualnew text begin ; or
new text end
new text begin (7) a snowmobile while being used to groom a state or grant-in-aid trailnew text end .
Sec. 4.
Minnesota Statutes 2006, section 84.8205, subdivision 1, is amended to read:
Subdivision 1.
Sticker required; fee.
(a) Except as provided in paragraph (b), a
person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
three-year snowmobile state trail sticker that is purchased at the time of snowmobile
registration is $30. In addition to other penalties prescribed by law, a person in violation
of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker
is valid from November 1 through April 30. Fees collected under this section, except for
the issuing fee for licensing agents, shall be deposited in the state treasury and credited
to the snowmobile trails and enforcement account in the natural resources fund and,
except for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance,
grooming, and easement acquisition.
(b) A state trail sticker is not required under this section for:
(1) a snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;
(2) a snowmobile that is owned and used by the United States, another state, or
a political subdivision thereof that is exempt from registration under section 84.82,
subdivision 6;
(3) a collector snowmobile that is operated as provided in a special permit issued for
the collector snowmobile under section 84.82, subdivision 7a; deleted text begin or
deleted text end
(4) a person operating a snowmobile only on the portion of a trail that is owned by
the person or the person's spouse, child, or parentnew text begin ; or
new text end
new text begin (5) a snowmobile while being used to groom a state or grant-in-aid trailnew text end .
Sec. 5.
Minnesota Statutes 2006, section 84.925, subdivision 5, is amended to read:
Subd. 5.
Training requirements.
(a) An individual who was born after July 1,
1987, and who is 16 years of age or older, must successfully complete the independent
study course component of all-terrain vehicle safety training before operating an all-terrain
vehicle on public landsnew text begin or waters, public road rights-of-way, or state or grant-in-aid trailsnew text end .
(b) An individual who is convicted of violating a law related to the operation of an
all-terrain vehicle must successfully complete the independent study course component of
all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
(c) An individual who is convicted for a second or subsequent excess speed, trespass,
or wetland violation in an all-terrain vehicle season, or any conviction for careless or
reckless operation of an all-terrain vehicle, must successfully complete the independent
study and the testing and operating course components of all-terrain vehicle safety training
before continuing operation of an all-terrain vehicle.
(d) An individual who receives three or more citations and convictions for violating a
law related to the operation of an all-terrain vehicle in a two-year period must successfully
complete the independent study and the testing and operating course components of
all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
(e) An individual must present evidence of compliance with this subdivision before
an all-terrain vehicle registration is issued or renewed.
Sec. 6.
Minnesota Statutes 2006, section 84.9256, subdivision 2, is amended to read:
Subd. 2.
Helmet new text begin and seat belts new text end required.
new text begin (a) new text end A person less than 18 years of age
shall not deleted text begin operatedeleted text end new text begin ride as a passenger or as an operator ofnew text end an all-terrain vehicle on public
land, public waters, or on a public road right-of-way unless wearing a safety helmet
approved by the commissioner of public safety.
new text begin
(b) A person less than 18 years of age shall not ride as a passenger or as an operator of
a class 2 all-terrain vehicle without wearing a seat belt when provided by the manufacturer.
new text end
Sec. 7.
Minnesota Statutes 2006, section 84.9256, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Parent or guardian authorization. new text end
new text begin
A person under age 16 shall not
operate and a person shall not allow a person under age 16 to operate an all-terrain vehicle,
unless the parent or guardian of the person under age 16 authorizes the operation. For
purposes of this subdivision, "guardian" means the legal guardian of the person under age
16 or a person age 18 or older who has been authorized by the parent or legal guardian to
supervise the person under age 16.
new text end
Sec. 8.
Minnesota Statutes 2006, section 84.9257, is amended to read:
84.9257 PASSENGERS.
deleted text begin
(a) A parent or guardian may operate a class 1 all-terrain vehicle carrying one
passenger who is under 16 years of age and who wears a safety helmet approved by the
commissioner of public safety.
deleted text end
deleted text begin
(b) For the purpose of this section, "guardian" means a legal guardian of a person
under age 16, or a person 18 or older who has been authorized by the parent or legal
guardian to supervise the person under age 16.
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end A person 18 years of age or older may operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle
carrying one passenger deleted text begin who is 16 or 17 years of age and wears a safety helmet approved
by the commissioner of public safetydeleted text end .
deleted text begin (d)deleted text end new text begin (b)new text end A person 18 years of age or older may operate deleted text begin an all-terrain vehicle carrying
one passenger who is 18 years of age or olderdeleted text end deleted text begin .
deleted text end
deleted text begin (e) An operator ofdeleted text end a class 2 all-terrain vehicle deleted text begin may carry two passengersdeleted text end new text begin while
carrying a passenger, or up to the number of passengers for which the vehicle was
designed, whichever is greaternew text end .
Sec. 9.
Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Snowmobiles; closed forests; off trail. new text end
new text begin
Forests classified as closed forests
are open to off-trail snowmobile use unless prohibited, as determined by the commissioner
by written order published in the State Register. The determination is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end
Sec. 10.
Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Operation; class 2 vehicles. new text end
new text begin
Except as provided in subdivision 4,
operation of class 2 all-terrain vehicles on lands administered by the commissioner is
limited to forest roads, minimum maintenance roads, and trails designated or signed for
class 2 all-terrain vehicles.
new text end
Sec. 11.
Minnesota Statutes 2006, section 84.928, subdivision 1, is amended to read:
Subdivision 1.
Operation on roads and rights-of-waydeleted text begin ; class 1 vehiclesdeleted text end .
(a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate deleted text begin a class 1deleted text end new text begin annew text end
all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope
of a public road right-of-way of a trunk, county state-aid, or county highway deleted text begin other thandeleted text end new text begin .new text end
new text begin (b) A person may operate a class 1 all-terrain vehicle new text end in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under
paragraph deleted text begin (b)deleted text end new text begin (d) or (f)new text end .
new text begin
(c) A person may operate a class 2 all-terrain vehicle within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand side of
the road and left turns may be made from any part of the road if it is safe to do so under
the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may
operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
designated class 2 all-terrain vehicle trail.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use of deleted text begin class 1deleted text end all-terrain vehicles in the deleted text begin ditch or outside bank or
slope of adeleted text end public road right-of-way under its jurisdiction.
deleted text begin (c)deleted text end new text begin (e)new text end The restrictions in paragraphs (a), deleted text begin (b), (g),deleted text end new text begin (d),new text end (h), deleted text begin anddeleted text end (i)new text begin , and (j)new text end do not
apply to the operation of deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle on the shoulder, inside bank or
slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county
highway when the deleted text begin class 1deleted text end all-terrain vehicle is:
(1) owned by or operated under contract with a publicly or privately owned utility
or pipeline company; and
(2) used for work on utilities or pipelines.
deleted text begin (d)deleted text end new text begin (f)new text end The commissioner may limit the use of a right-of-way for a period of time if
the commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.
deleted text begin (e)deleted text end The commissioner must notify the road authority as soon as it is known that a
closure will be ordered. The notice must state the reasons and duration of the closure.
deleted text begin (f)deleted text end new text begin (g)new text end A person may operate deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle registered for private
use and used for agricultural purposes deleted text begin or a class 2 all-terrain vehicledeleted text end on a public road
right-of-way of a trunk, county state-aid, or county highway in this state if the deleted text begin class 1deleted text end
deleted text begin or class 2deleted text end all-terrain vehicle is operated on the extreme right-hand side of the road, and
left turns may be made from any part of the road if it is safe to do so under the prevailing
conditions.
deleted text begin (g)deleted text end new text begin (h)new text end A person shall not operate deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle within the public
road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1
in the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.
deleted text begin (h)deleted text end new text begin (i)new text end A person shall not operate deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle within the public
road right-of-way of a trunk, county state-aid, or county highway between the hours of
one-half hour after sunset to one-half hour before sunrise, except on the right-hand side
of the right-of-way and in the same direction as the highway traffic on the nearest lane
of the adjacent roadway.
deleted text begin (i)deleted text end new text begin (j)new text end A person shall not operate deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.
Sec. 12.
Minnesota Statutes 2006, section 84.929, is amended to read:
84.929 PENALTIES.
Any person who violates any provision of sections new text begin 84.773, 84.777, and new text end 84.92 to
84.928 or rules of the commissioner is guilty of a misdemeanor.
Sec. 13.
Minnesota Statutes 2006, section 85.015, subdivision 14, is amended to read:
Subd. 14.
deleted text begin Gateway Traildeleted text end new text begin Willard Munger Trail Systemnew text end , Chisago, Ramsey,new text begin
Pine, St. Louis, Carlton,new text end and Washington Counties.
(a) The trail shall new text begin consist of six
segments. One segment shall be known as the Gateway Trail and shall new text end originate at the
State Capitol and deleted text begin shalldeleted text end extend northerly and northeasterly to William O'Brien State Park,
thence northerly to Taylors Falls in Chisago Countydeleted text begin , and there terminatedeleted text end .new text begin One segment
shall be known as the Boundary Trail and shall originate in Chisago County and extend
into Duluth in St. Louis County. One segment shall be known as the Browns Creek Trail
and shall originate at Duluth Junction and extend into Stillwater in Washington County.
One segment shall be known as the Munger Trail and shall originate at Hinckley in Pine
County and extend through Moose Lake in Carlton County to Duluth in St. Louis County.
One segment shall be known as the Alex Laveau Trail and shall originate in Carlton
County at Carlton and extend through Wrenshall to the Minnesota-Wisconsin border. One
segment shall be established that extends the trail to include the cities of Proctor, Duluth,
and Hermantown in St. Louis County.
new text end
(b) The deleted text begin traildeleted text end new text begin Gateway and Browns Creek trailsnew text end shall be developed primarily for
hiking and nonmotorized ridingnew text begin and the remaining trails shall be developed primarily for
riding and hikingnew text end .
(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the deleted text begin traildeleted text end new text begin Gateway and Browns Creek trails new text end may be acquired by eminent domain.
deleted text begin
(d) The commissioner of natural resources, after consulting with all local units of
government affected by the trail, and with the commissioner of transportation and the
Metropolitan Council, shall prepare a master plan for the trail. After completion of the
master plan, any land or interest in land not needed for the trail may be disposed of by the
commissioner of natural resources as follows:
deleted text end
deleted text begin
(1) by transfer to the Department of Transportation, the Historical Society, or
another state agency;
deleted text end
deleted text begin
(2) by sale at not less than the purchase price to a city, town, school district, park
district, or other political subdivision whose boundaries include or are adjacent to the land,
for public purposes only, after written notice to each of these political subdivisions; or
deleted text end
deleted text begin
(3) if no offer to purchase is received from any political subdivision within one year
after the completion of the master plan, then by public sale, at not less than the purchase
price, upon notice published in the manner provided in section , and otherwise in the
same manner as trust fund lands are sold, so far as applicable.
deleted text end
deleted text begin
All proceeds derived from sales of unneeded land and interest in land shall be
deposited in the state bond fund. For the purposes of United States Code, title 23, section
138, and title 49, section 1653(f), any land or interest in land not needed for the trail and
transferred to another state agency, or sold, does not constitute permanent park, recreation
area, or wildlife or waterfowl refuge facility land.
deleted text end
Sec. 14.
Minnesota Statutes 2006, section 85.015, subdivision 22, is amended to read:
Subd. 22.
Minnesota River Trail.
The trail shall originate at the entrance to Big
Stone Lake State Park and extend along the Minnesota River Valley to connect to the
Minnesota Valley Trail at the city of Le Sueur.new text begin The trail shall include a loop between Fort
Ridgely State Park and the cities of Redwood Falls and Sleepy Eye. A segment shall be
established connecting the cities of Granite Falls and Montevideo.
new text end
Sec. 15.
Minnesota Statutes 2006, section 169A.35, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section:
(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2;
(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9;
(3) "motor vehicle" does not include motorboats in operationnew text begin ,new text end or off-road recreational
vehiclesnew text begin except when being operated on a roadway or shoulder of a roadway that is not
part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of
natural resourcesnew text end ;
(4) "possession" means either that the person had actual possession of the bottle or
receptacle or that the person consciously exercised dominion and control over the bottle
or receptacle; and
(5) "3.2 percent malt liquor" has the meaning given it in section 340A.101,
subdivision 19.
Sec. 16. new text begin GAME AND FISH BUDGETARY OVERSIGHT COMMITTEE.
new text end
new text begin
The senate Subcommittee on Committees of the Committee on Rules and
Administration and the speaker of the house of representatives shall each appoint one
member of their respective bodies to serve as a member of the Game and Fish Budgetary
Oversight Committee appointed under Minnesota Statutes, section 97A.055, subdivision
4b, paragraph (c). The appointments must be made no later than September 1, 2007. The
terms of the members appointed under this section expire June 30, 2009.
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 84.928, subdivision 8; and 85.015, subdivision
11,
new text end
new text begin
are repealed.
new text end