SF 1442

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; regulating off-highway
vehicles; requiring rulemaking and modifying certain
rulemaking exemptions; modifying certain state trail
provisions; modifying designation of state forest
roads; modifying forest classification provisions;
requiring a study; providing civil penalties;
appropriating money; amending Minnesota Statutes 2004,
sections 84.775, subdivision 1; 84.788, subdivision 3;
84.789, by adding a subdivision; 84.791, subdivision
1; 84.798, subdivision 1; 84.925, subdivision 1, by
adding a subdivision; 84.9256, subdivision 1; 84.9257;
84.926; 84.928, subdivisions 1, 2, 6; 85.015,
subdivision 13; 89.19, subdivision 2; 89.71, by adding
a subdivision; Laws 2003, chapter 128, article 1,
section 167, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 84; repealing
Minnesota Statutes 2004, section 84.901.

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

Section 1.

Minnesota Statutes 2004, section 84.775,
subdivision 1, is amended to read:

Subdivision 1.

Civil citation; authority to issue.

(a) A
conservation officer or other licensed peace officer may issue a
civil citation to a person who operates:

(1) an off-highway motorcycle in violation of sections
84.773 new text begin , subdivision 1 new text end ; 84.777; 84.788 to 84.795; or 84.90;

(2) an off-road vehicle in violation of sections 84.773 new text begin ,
subdivision 1 new text end ; 84.777; 84.798 to 84.804; or 84.90; or

(3) an all-terrain vehicle in violation of sections 84.773 new text begin ,
subdivision 1 new text end ; 84.777; 84.90; or 84.922 to 84.928.

(b) A civil citation new text begin under paragraph (a) new text end shall require
restitution for public and private property damage and impose a
penalty of:

(1) $100 for the first offense;

(2) $200 for the second offense; and

(3) $500 for third and subsequent offenses.

(c) new text begin A conservation officer of other licensed peace officer
may issue a civil citation to a person who operates an
off-highway motorcycle, off-road vehicle, or all-terrain vehicle
in violation of section 84.773, subdivision 2. A civil citation
under this paragraph shall require restitution for damage to
property or wetlands and impose a penalty of:
new text end

new text begin (1) $100 for the first offense;
new text end

new text begin (2) $500 for the second offense; and
new text end

new text begin (3) $1,000 for third and subsequent offenses.
new text end

new text begin (d) new text end If the peace officer determines that there is damage to
property requiring restitution, the commissioner must send a
written explanation of the extent of the damage and the cost of
the repair by first class mail to the address provided by the
person receiving the citation within 15 days of the date of the
citation.

Sec. 2.

new text begin [84.781] USE OF DEPARTMENT RESOURCES.
new text end

new text begin The commissioner of natural resources may permit Department
of Natural Resources personnel and equipment to be used to
assist local units of government in maintaining off-highway
vehicle trails located on property owned by or under the control
of the local unit of government.
new text end

Sec. 3.

new text begin [84.785] OFF-HIGHWAY VEHICLE SAFETY AND
CONSERVATION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The commissioner of natural
resources shall establish an off-highway vehicle safety and
conservation grant program to award grants to organizations that
meet the eligibility requirements under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the off-highway vehicle
safety and conservation grant program is to encourage
off-highway vehicle clubs to assist in safety and environmental
education and in improving, maintaining, and monitoring trails
on state forest land and other public lands.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin To be eligible for a grant under
this section, an organization must:
new text end

new text begin (1) be a statewide organization that has been in existence
at least five years and that promotes the operation of
off-highway vehicles in a manner that is safe, responsible, and
does not harm the environment;
new text end

new text begin (2) promote the operation of off-highway vehicles in a
manner that does not conflict with the laws and rules that
relate to the operation of off-highway vehicles;
new text end

new text begin (3) have an interest limited to the operation of motorized
vehicles on motorized trails and other designated areas;
new text end

new text begin (4) have a board of directors that has 80 percent of its
members who are representatives of all-terrain vehicle clubs,
off-highway motorcycle clubs, or off-road vehicle clubs; and
new text end

new text begin (5) provide support to off-highway vehicle clubs.
new text end

new text begin Subd. 4. new text end

new text begin Use of grants. new text end

new text begin An organization receiving a
grant under this section shall use the grant money to promote
and provide support to the Department of Natural Resources by:
new text end

new text begin (1) encouraging off-highway vehicle clubs to assist in
improving, maintaining, and monitoring trails on state forest
land and other public lands;
new text end

new text begin (2) providing assistance to the department in locating,
recruiting, and training instructors;
new text end

new text begin (3) assisting the commissioner and the director of tourism
in creating an outreach program to inform local communities of
appropriate off-highway vehicle use in their communities and of
the economic benefits and costs that may be attributed to
promoting tourism to attract off-highway vehicles;
new text end

new text begin (4) publishing a manual in cooperation with the
commissioner that will be used to train volunteers in monitoring
the operation of off-highway vehicles for safety, environmental,
and other issues that relate to the responsible operation of
off-highway vehicles; and
new text end

new text begin (5) collecting data on the operation of off-highway
vehicles in the state.
new text end

Sec. 4.

Minnesota Statutes 2004, section 84.788,
subdivision 3, is amended to read:

Subd. 3.

Application; issuance; reports.

(a) Application
for registration or continued registration must be made to the
commissioner or an authorized deputy registrar of motor vehicles
in a form prescribed by the commissioner. The form must state
the name and address of every owner of the off-highway
motorcycle.

(b) A person who purchases from a retail dealer an
off-highway motorcycle shall make application for registration
to the dealer at the point of sale. The dealer shall issue a
temporary ten-day registration permit to each purchaser who
applies to the dealer for registration. The dealer shall submit
the completed registration applications and fees to the deputy
registrar at least once each week. No fee may be charged by a
dealer to a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, a 60-day temporary receipt
and shall assign a registration number that must be affixed to
the motorcycle deleted text begin in a manner prescribed by the commissioner
deleted text end new text begin according to paragraph (f) new text end . A dealer subject to paragraph (b)
shall provide the registration materials and temporary receipt
to the purchaser within the ten-day temporary permit period.

(d) The commissioner shall develop a registration system to
register vehicles under this section. A deputy registrar of
motor vehicles acting under section 168.33, is also a deputy
registrar of off-highway motorcycles. The commissioner of
natural resources in agreement with the commissioner of public
safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with
the accounting and procedural requirements.

(e) In addition to other fees prescribed by law, a filing
fee of $4.50 is charged for each off-highway motorcycle
registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged
for each off-highway motorcycle registration and registration
transfer issued by:

(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
kept if the deputy is not a public official; or

(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.

new text begin (f) Unless exempted in paragraph (g), the owner of an
off-highway motorcycle must display a registration decal issued
by the commissioner. If the motorcycle is licensed as a motor
vehicle, a registration decal must be affixed on the upper left
corner of the rear license plate. If the motorcycle is not
licensed as a motor vehicle, the decal must be attached on the
side of the motorcycle and may be attached to the fork tube.
The decal must be attached in a manner so that it is visible
while a rider is on the motorcycle. The issued decals must be
of a size to work within the constraints of the electronic
licensing system, not to exceed three inches high and three
inches wide.
new text end

new text begin (g) Display of a registration decal is not required for an
off-highway motorcycle:
new text end

new text begin (1) while being operated on private property; or
new text end

new text begin (2) while competing in a closed-course competition event.
new text end

Sec. 5.

Minnesota Statutes 2004, section 84.789, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Noise emissions. new text end

new text begin (a) On and after January 1,
2006, off-highway motorcycles, when operating on public lands,
shall at all times be equipped with a silencer or other device
that limits noise emissions according to this subdivision.
new text end

new text begin (b) Noise emissions of competition off-highway motorcycles
manufactured on or after January 1, 1998, are limited to not
more than 96 dbA and, if manufactured prior to January 1, 1998,
to not more than 99 dbA, when measured from a distance of 20
inches using test procedures established by the Society of
Automotive Engineers under Standard J-1287, as applicable.
new text end

new text begin (c) Noise emissions of all other off-highway motorcycles
are limited to not more than 96 dbA if manufactured on or after
January 1, 1986, and not more than 99 dbA if manufactured prior
to January 1, 1986, when measured from a distance of 20 inches
using test procedures established by the Society of Automotive
Engineers under Standard J-1287, as applicable.
new text end

Sec. 6.

Minnesota Statutes 2004, section 84.791,
subdivision 1, is amended to read:

Subdivision 1.

Program established new text begin ; when required new text end .

new text begin (a)
new text end The commissioner shall establish a comprehensive off-highway
motorcycle environment and safety education and training
program, including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
off-highway motorcycle operators, and the issuance of
off-highway motorcycle safety certificates to operators under
the age of 16 years who successfully complete the off-highway
motorcycle environment and safety education and training courses.

new text begin (b) An individual who receives a citation for violating a
law related to the operation of an off-highway motorcycle must
successfully complete the environment and safety education and
training program established under paragraph (a) before
continuing operation of an off-highway motorcycle.
new text end

Sec. 7.

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

Subdivision 1.

General requirements.

new text begin (a) new text end Unless exempted
under new text begin paragraph (b) or new text end 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
lands administered by the commissioner on off-road
vehicle-designated trails new text end or deleted text begin area deleted text end new text begin areas, 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.

new text begin (b) Annually on the third Saturday of May, the commissioner
shall allow the operation of nonregistered off-road vehicles at
the Iron Range Off-Highway Vehicle Recreation Area.
new text end

Sec. 8.

Minnesota Statutes 2004, section 84.925,
subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner
shall establish a comprehensive all-terrain vehicle
environmental and safety education and training program,
including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
all-terrain vehicle operators, and the issuance of all-terrain
vehicle safety certificates to vehicle operators over the age of
12 years who successfully complete the all-terrain vehicle
environmental and safety education and training course.

(b) For the purpose of administering the program and to
defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of $15
from each person who receives the training. The commissioner
shall collect a fee for issuing a duplicate all-terrain vehicle
safety certificate. The commissioner shall establish the fee
for a duplicate all-terrain vehicle safety certificate that
neither significantly overrecovers nor underrecovers costs,
including overhead costs, involved in providing the service.
Fee proceeds shall be deposited in the all-terrain vehicle
account in the natural resources fund. new text begin In addition to the fee
established by the commissioner, instructors may charge each
person up to $5 for class material and expenses.
new text end

(c) The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this section. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of vehicle operators. By June 30,
2003, the commissioner shall incorporate a riding component in
the safety education and training program.

Sec. 9.

Minnesota Statutes 2004, section 84.925, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Training requirements. new text end

new text begin (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.
new text end

new text begin (b) An individual who receives a citation for 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.
new text end

new text begin (c) An individual who receives three or more citations 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.
new text end

new text begin (d) An individual must present evidence of compliance with
this subdivision before an all-terrain vehicle registration is
issued or renewed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 10.

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 new text begin , except as provided in paragraph (e) new text end .

(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.

new text begin (e) A person at least ten years of age but under 12 years
of age may operate an all-terrain vehicle with an engine
capacity up to 90cc on public lands or waters if accompanied by
a parent or legal guardian.
new text end

Sec. 11.

Minnesota Statutes 2004, section 84.9257, is
amended to read:

84.9257 PASSENGERS.

(a) A parent or guardian may operate an 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.

(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.

new text begin (c) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 16 or 17 years
of age and wears a safety helmet approved by the commissioner of
public safety.
new text end

new text begin (d) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 18 years of
age or older.
new text end

Sec. 12.

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 as 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
vehicles registered under chapter 168 or section 84.798 or
84.922 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. 13.

Minnesota Statutes 2004, section 84.928,
subdivision 1, is amended to read:

Subdivision 1.

Operation on roads and rights-of-way.

(a)
Unless otherwise allowed in sections 84.92 to 84.929, a person
shall not operate an 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 other than in the ditch or the outside bank or slope of
a trunk, county state-aid, or county highway unless prohibited
under paragraph (b). new text begin This paragraph does not apply to a person
who operates an all-terrain vehicle:
new text end

new text begin (1) owned by or operated under contract with a publicly or
privately owned utility when used for work on utilities; or
new text end

new text begin (2) in the performance of silvicultural activities.
new text end

(b) A road authority as defined under section 160.02,
subdivision 25, may after a public hearing restrict the use of
all-terrain vehicles in the ditch or outside bank or slope of a
public road right-of-way under its jurisdiction.

(c) 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.

(d) 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.

(e) A person may operate an all-terrain vehicle registered
for private use and used for agricultural purposes on a public
road right-of-way of a trunk, county state-aid, or county
highway in this state if the 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.

(f) A person shall not operate an 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.

(g) A person shall not operate an 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.

(h) A person shall not operate an all-terrain vehicle at
any time within the right-of-way of an interstate highway or
freeway within this state.

Sec. 14.

Minnesota Statutes 2004, section 84.928,
subdivision 2, is amended to read:

Subd. 2.

Operation generally.

A person may not drive or
operate an all-terrain vehicle:

(1) at a rate of speed greater than reasonable or proper
under the surrounding circumstances;

(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property
of another;

(3) without headlight and taillight lighted at all times if
the vehicle is equipped with headlight and taillight;

(4) without a functioning stoplight if so equipped;

(5) in a tree nursery or planting in a manner that damages
or destroys growing stock;

(6) without a brake operational by either hand or foot;

(7) with more deleted text begin persons deleted text end new text begin than one person new text end on the vehicle deleted text begin than
it was designed for deleted text end , except as allowed under section 84.9257;

(8) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an
all-terrain vehicle or within 100 feet of a fishing shelter; or

(9) in a manner that violates operation rules adopted by
the commissioner.

Sec. 15.

Minnesota Statutes 2004, section 84.928,
subdivision 6, is amended to read:

Subd. 6.

Regulations by political subdivisions.

(a)
Notwithstanding any law to the contrary, a city or town, acting
through its governing body, may by resolution or ordinance
prohibit the operation of all-terrain vehicles on city streets
or town roads in its jurisdiction provided the regulations are
otherwise consistent with sections 84.92 to 84.929.

(b) A county or city, or a town acting by its town board,
may regulate the operation of all-terrain vehicles on public
lands, waters, and property under its jurisdiction other than
public road rights-of-way within its boundaries, by resolution
or ordinance of the governing body and by giving appropriate
notice, provided:

(1) the regulations must be consistent with sections 84.92
to 84.929 and rules adopted under section 84.924;

(2) an ordinance may not impose a fee for the use of public
land or water under the jurisdiction of either the Department of
Natural Resources or other agency of the state, or for the use
of an access to it owned by the state or a county or a city; and

(3) an ordinance may not require an all-terrain vehicle
operator to possess a motor vehicle driver's license while
operating an all-terrain vehicle.

(c) Notwithstanding any law to the contrary, a county board
by ordinance may allow the operation of all-terrain vehicles on
the road right-of-way shoulder, or inside bank or slope of a
county highway or county state-aid highway, if:

(1) the highway is in the agricultural zone; deleted text begin or
deleted text end

(2) safe operation in the ditch or outside slope is
impossible, and the county posts the appropriate notice new text begin ; or
new text end

new text begin (3) the road is unpaved or designated as a
minimum-maintenance road under section 160.095 new text end .

Sec. 16.

Minnesota Statutes 2004, section 85.015,
subdivision 13, is amended to read:

Subd. 13.

Arrowhead region trails, in cook, lake, st.

Louis, Koochiching and Itasca Counties. (a)(1) The Taconite
Trail shall originate at Ely in St. Louis County and extend
southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence
southwesterly to Grand Rapids in Itasca County and there
terminate;

(2) The Northshore Trail shall originate in Duluth in St.
Louis County and extend northeasterly to Two Harbors in Lake
County, thence northeasterly to Grand Marais in Cook County,
thence northeasterly to the international boundary in the
vicinity of the north shore of Lake Superior, and there
terminate;

(3) The Grand Marais to International Falls Trail shall
originate in Grand Marais in Cook County and extend
northwesterly, outside of the Boundary Waters Canoe Area, to Ely
in St. Louis County, thence southwesterly along the route of the
Taconite Trail to Tower in St. Louis County, thence
northwesterly through the Pelican Lake area in St. Louis County
to International Falls in Koochiching County, and there
terminate.

(b) The trails shall be developed primarily for riding and
hiking. new text begin The Northshore Trail may also be used by all-terrain
vehicles and the commissioner of natural resources shall
designate the following portion as an all-terrain vehicle
trail: from the existing parking lot on Normanna Road, St.
Louis County 38, in the Southeast Quarter of the Southwest
Quarter, Section 16, Township 52 North, Range 13 West, to the
Moosewalk grant-in-aid trail junction near Hockamin Creek in the
Northeast Quarter of the Northwest Quarter, Section 26, Township
57 North, Range 8 West.
new text end

(c) In addition to the authority granted in subdivision 1,
lands and interests in lands for the Arrowhead Region trails may
be acquired by eminent domain. Before acquiring any land or
interest in land by eminent domain the commissioner of
administration shall obtain the approval of the governor. The
governor shall consult with the Legislative Advisory Commission
before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal
of the commission to make a recommendation shall be deemed a
negative recommendation.

Sec. 17.

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

Subd. 2.

Rulemaking exemption.

Designations of forest
trails new text begin and changes to the designations new text end by the commissioner shall
be by written order published in the State Register.
Designations new text begin and changes to designations 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 changing a designation of 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 change in
designation new text end . Sixty days before the public meeting, notice of
the proposed forest trail new text begin designation or change in designation
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. 18.

Minnesota Statutes 2004, section 89.71, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin County-administered land. new text end

new text begin The commissioner may
not install a gate to obstruct access to a state forest road if
the road is used by:
new text end

new text begin (1) a private landowner to cross county-administered land
within a state forest to access the landowner's private
property;
new text end

new text begin (2) a lessee of county land to access the lessee's
leasehold; or
new text end

new text begin (3) a county to gain access to county-administered land
within a state forest for county forest management purposes.
new text end

Sec. 19.

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 its status to limited or
closed, and must 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.

Sec. 20. new text begin REQUIRED RULEMAKING.
new text end

new text begin (a) The commissioner of natural resources shall amend
Minnesota Rules, part 6232.0300, subpart 7, to permit an
individual to operate an all-terrain vehicle on privately owned
land in an area open to taking deer by firearms during the legal
shooting hours of the deer season, regardless of whether the
individual is licensed to take deer on the day of operation, if
the individual is:
new text end

new text begin (1) pursuing an occupation when operating the all-terrain
vehicle;
new text end

new text begin (2) not in possession of a firearm; and
new text end

new text begin (3) the owner of the land on which the all-terrain vehicle
is operated, an employee of the land owner, or an immediate
family member of the land owner.
new text end

new text begin (b) The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3),
in amending the rule under paragraph (a). Minnesota Statutes,
section 14.386, does not apply, except to the extent provided
under Minnesota Statutes, section 14.388
new text end

Sec. 21. new text begin DETERMINATION OF TAX ALLOCATION; REPORT TO
LEGISLATURE.
new text end

new text begin The commissioners of natural resources, revenue, and
transportation shall jointly determine the amount of unrefunded
gasoline tax attributable to all-terrain vehicle use in the
state and shall report to the legislature by March 1, 2006, with
an appropriate proposed revision to Minnesota Statutes, section
296A.18.
new text end

Sec. 22. new text begin APPROPRIATION.
new text end

new text begin (a) $200,000 is appropriated from the natural resources
fund to the commissioner of natural resources for the
off-highway vehicle safety and conservation grant program under
section 3. Of this amount, $10,000 is from the off-highway
motorcycle account, $20,000 is from the off-road vehicle
account, and $170,000 is from the all-terrain vehicle account.
new text end

new text begin (b) $75,000 is appropriated from the all-terrain vehicle
account in the natural resources fund for the study required in
section 21. This is a onetime appropriation.
new text end

new text begin (c) $....... is appropriated from the natural resources
fund to the commissioner of natural resources for additional
grants-in-aid. Of this amount, $....... is from the all-terrain
vehicle account, $....... is from the off-road vehicle account,
and $....... is from the off-highway motorcycle account.
new text end

new text begin (d) $....... is appropriated from the natural resources
fund to the commissioner of natural resources to produce an
interactive CD-ROM training tool for the off-highway motorcycle
education and training program under Minnesota Statutes, section
84.791.
new text end

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 84.901, is repealed.
new text end