SF 1267

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:57pm

A bill for an act
relating to natural resources; establishing bicycle pass for state trails; establishing
fee; appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 85.

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

Section 1.

new text begin [85.48] BICYCLE PASS.
new text end

new text begin Subdivision 1. new text end

new text begin Pass in possession. new text end

new text begin (a) Except as provided in paragraph (b), while riding
a bicycle on lands administered by the commissioner, a person 16 years of age or over must
carry a valid bicycle pass in immediate possession. The pass must be available for inspection
by a peace officer, a conservation officer, or an employee designated under section 84.0835.
A person who violates this subdivision is guilty of a petty misdemeanor.
new text end

new text begin (b) A valid bicycle pass is not required under this section for a person riding on property
that is owned by the person or the person's spouse, child, parent, or guardian.
new text end

new text begin Subd. 2. new text end

new text begin License agents. new text end

new text begin (a) The commissioner of natural resources may appoint agents
to issue and sell bicycle passes. The commissioner may revoke the appointment of an agent
at any time.
new text end

new text begin (b) The commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent must observe all rules adopted by the commissioner for the
accounting and handling of passes according to section 97A.485, subdivision 11.
new text end

new text begin (c) An agent must promptly deposit and remit all money received from the sale of passes,
except issuing fees, to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Issuance. new text end

new text begin The commissioner of natural resources and agents must issue and
sell bicycle passes. The pass must include the applicant's signature and other information
deemed necessary by the commissioner. To be valid, a daily or annual pass must be signed
by the person riding the bicycle and a commercial annual pass must be signed by the owner
of the commercial operation.
new text end

new text begin Subd. 4. new text end

new text begin Pass fees. new text end

new text begin (a) The fee for an annual bicycle pass is $10 for an individual 16
years of age and over. The fee must be collected at the time the pass is purchased. Annual
passes are valid for one year beginning January 1 and ending December 31.
new text end

new text begin (b) The fee for a daily bicycle pass is $2 for an individual 16 years of age and over. The
fee must be collected at the time the pass is purchased. The daily pass is valid only for the
date designated on the pass form.
new text end

new text begin (c) The fee for a commercial annual bicycle pass is $100 and includes issuance of 20
passes. Additional or individual commercial annual bicycle passes may be purchased by
the commercial operation for a fee of $10 each. Commercial annual bicycle passes are valid
for one year beginning January 1 and ending December 31 and may be affixed to the bicycles
owned by the commercial operation. Commercial annual bicycle passes are not transferable
to another commercial operation. For the purposes of this section, a "commercial operation"
is an operation where bicycles are used for rental or other recreational activities or use by
others.
new text end

new text begin Subd. 5. new text end

new text begin Issuing fee. new text end

new text begin In addition to the fee for a bicycle pass, an issuing fee of $1 per
pass must be charged. The issuing fee must be retained by the seller of the pass. Issuing
fees for passes sold by the commissioner of natural resources must be deposited in the state
treasury and credited to the bicycle pass account in the natural resources fund and are
appropriated to the commissioner for operating the electronic licensing system. A pass must
indicate the amount of the fee that is retained by the seller.
new text end

new text begin Subd. 6. new text end

new text begin Disposition of receipts. new text end

new text begin Fees collected under this section, except for the issuing
fee, must be deposited in the state treasury and credited to the bicycle pass account in the
natural resources fund. Except for the electronic licensing system commission established
by the commissioner under section 84.027, subdivision 15, the fees are appropriated to the
commissioner of natural resources for development, maintenance, and rehabilitation of and
enforcement on bicycle trails or trails authorized for bicycle use on land administered by
the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Duplicate bicycle passes. new text end

new text begin The commissioner of natural resources and agents
must issue a duplicate pass to a person or commercial operation owner whose pass is lost
or destroyed using the process established under section 97A.405, subdivision 3, and rules
adopted thereunder. The fee for a duplicate bicycle pass is $2, with an issuing fee of 50
cents.
new text end