SF 2254

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             for recreational vehicle, hunting, and firearm 
  1.4             training courses; appropriating money; amending 
  1.5             Minnesota Statutes 1998, sections 84.791, subdivisions 
  1.6             2 and 3; 84.86, subdivision 1; 84.925, subdivision 1; 
  1.7             97B.015, subdivisions 2 and 4; and 97B.025. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 84.791, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [FEE.] For the purposes of administering the 
  1.12  program and to defray a portion of the expenses of training and 
  1.13  certifying vehicle operators, the commissioner enforcement 
  1.14  division of the department of natural resources shall collect a 
  1.15  fee not to exceed $5 from each person who receives the 
  1.16  training.  The commissioner shall establish a fee that neither 
  1.17  significantly over recovers nor under recovers costs, including 
  1.18  overhead costs, involved in providing the services.  The fee is 
  1.19  not subject to the rulemaking provisions of chapter 14 and 
  1.20  section 14.386 does not apply.  The fees must be deposited in 
  1.21  the state treasury and credited to the off-highway motorcycle 
  1.22  account and the amount thereof is appropriated annually to the 
  1.23  enforcement division of the department of natural resources for 
  1.24  the administration of the program.  In addition to the fee 
  1.25  established by the commissioner, instructors may charge each 
  1.26  person up to the established fee amount for class materials and 
  2.1   expenses. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 84.791, 
  2.3   subdivision 3, is amended to read: 
  2.4      Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
  2.5   shall cooperate with private organizations and associations, 
  2.6   private and public corporations, and local governmental units in 
  2.7   furtherance of the program established under this 
  2.8   section.  School districts may cooperate with the commissioner 
  2.9   and volunteer instructors to provide space for the classroom 
  2.10  portion of the training.  The commissioner shall consult with 
  2.11  the commissioner of public safety in regard to training program 
  2.12  subject matter and performance testing that leads to the 
  2.13  certification of off-road motorcycle operators. 
  2.14     Sec. 3.  Minnesota Statutes 1998, section 84.86, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  With a view of achieving maximum use of 
  2.17  snowmobiles consistent with protection of the environment the 
  2.18  commissioner of natural resources shall adopt rules in the 
  2.19  manner provided by chapter 14, for the following purposes: 
  2.20     (1) Registration of snowmobiles and display of registration 
  2.21  numbers. 
  2.22     (2) Use of snowmobiles insofar as game and fish resources 
  2.23  are affected. 
  2.24     (3) Use of snowmobiles on public lands and waters, or on 
  2.25  grant-in-aid trails, including, but not limited to, the use of 
  2.26  specified metal traction devices and nonmetal traction devices. 
  2.27     (4) Uniform signs to be used by the state, counties, and 
  2.28  cities, which are necessary or desirable to control, direct, or 
  2.29  regulate the operation and use of snowmobiles. 
  2.30     (5) Specifications relating to snowmobile mufflers. 
  2.31     (6) A comprehensive snowmobile information and safety 
  2.32  education and training program, including but not limited to the 
  2.33  preparation and dissemination of snowmobile information and 
  2.34  safety advice to the public, the training of snowmobile 
  2.35  operators, and the issuance of snowmobile safety certificates to 
  2.36  snowmobile operators who successfully complete the snowmobile 
  3.1   safety education and training course.  For the purpose of 
  3.2   administering such program and to defray a portion of the 
  3.3   expenses of training and certifying snowmobile operators, the 
  3.4   commissioner enforcement division of the department of natural 
  3.5   resources shall collect a fee of not to exceed $5 from each 
  3.6   person who receives the youth and young adult training and a fee 
  3.7   established under chapter 16A from each person who receives or 
  3.8   the adult training.  The commissioner shall establish a fee that 
  3.9   neither significantly over recovers nor under recovers costs, 
  3.10  including overhead costs, involved in providing the services.  
  3.11  The fee is not subject to the rulemaking provisions of chapter 
  3.12  14 and section 14.386 does not apply.  The commissioner shall 
  3.13  deposit the fee fees must be deposited in the snowmobile trails 
  3.14  and enforcement account and the amount thereof is appropriated 
  3.15  annually to the commissioner enforcement division of the 
  3.16  department of natural resources for the administration of such 
  3.17  programs.  In addition to the fee established by the 
  3.18  commissioner, instructors may charge each person up to the 
  3.19  established fee amount for class materials and expenses.  The 
  3.20  commissioner shall cooperate with private organizations and 
  3.21  associations, private and public corporations, and local 
  3.22  governmental units in furtherance of the program established 
  3.23  under this clause.  School districts may cooperate with the 
  3.24  commissioner and volunteer instructors to provide space for the 
  3.25  classroom portion of the training.  The commissioner shall 
  3.26  consult with the commissioner of public safety in regard to 
  3.27  training program subject matter and performance testing that 
  3.28  leads to the certification of snowmobile operators. 
  3.29     (7) The operator of any snowmobile involved in an accident 
  3.30  resulting in injury requiring medical attention or 
  3.31  hospitalization to or death of any person or total damage to an 
  3.32  extent of $500 or more, shall forward a written report of the 
  3.33  accident to the commissioner on such form as the commissioner 
  3.34  shall prescribe.  If the operator is killed or is unable to file 
  3.35  a report due to incapacitation, any peace officer investigating 
  3.36  the accident shall file the accident report within ten business 
  4.1   days. 
  4.2      Sec. 4.  Minnesota Statutes 1998, section 84.925, 
  4.3   subdivision 1, is amended to read: 
  4.4      Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  4.5   shall establish a comprehensive all-terrain vehicle 
  4.6   environmental and safety education and training program, 
  4.7   including the preparation and dissemination of vehicle 
  4.8   information and safety advice to the public, the training of 
  4.9   all-terrain vehicle operators, and the issuance of all-terrain 
  4.10  vehicle safety certificates to vehicle operators over the age of 
  4.11  12 years who successfully complete the all-terrain vehicle 
  4.12  environmental and safety education and training course.  
  4.13     (b) For the purpose of administering the program and to 
  4.14  defray a portion of the expenses of training and certifying 
  4.15  vehicle operators, the commissioner enforcement division of the 
  4.16  department of natural resources shall collect a fee of not to 
  4.17  exceed $5 from each person who receives the training and shall 
  4.18  deposit the fee in the all-terrain vehicle account.  The 
  4.19  commissioner shall establish a fee that neither significantly 
  4.20  over recovers nor under recovers costs, including overhead 
  4.21  costs, involved in providing the services.  The fee is not 
  4.22  subject to the rulemaking provisions of chapter 14 and section 
  4.23  14.386 does not apply.  The fees shall be deposited in the 
  4.24  all-terrain vehicle account and the amount thereof is 
  4.25  appropriated annually to the enforcement division of the 
  4.26  department of natural resources for the administration of the 
  4.27  program.  In addition to the fee established by the 
  4.28  commissioner, instructors may charge each person up to the 
  4.29  established fee amount for class materials and expenses. 
  4.30     (c) The commissioner shall cooperate with private 
  4.31  organizations and associations, private and public corporations, 
  4.32  and local governmental units in furtherance of the program 
  4.33  established under this section.  School districts may cooperate 
  4.34  with the commissioner and volunteer instructors to provide space 
  4.35  for the classroom portion of the training.  The commissioner 
  4.36  shall consult with the commissioner of public safety in regard 
  5.1   to training program subject matter and performance testing that 
  5.2   leads to the certification of vehicle operators.  
  5.3      Sec. 5.  Minnesota Statutes 1998, section 97B.015, 
  5.4   subdivision 2, is amended to read: 
  5.5      Subd. 2.  [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 
  5.6   (a) The commissioner shall appoint a qualified person from the 
  5.7   enforcement division under civil service rules as supervisor of 
  5.8   hunting safety and prescribe the duties and responsibilities of 
  5.9   the position.  The commissioner shall determine and provide the 
  5.10  enforcement division with the necessary personnel for this 
  5.11  section.  
  5.12     (b) The commissioner may appoint one or more county 
  5.13  directors of hunting safety in each county.  An appointed county 
  5.14  director is responsible to the enforcement division.  The 
  5.15  enforcement division may appoint instructors necessary for this 
  5.16  section.  County directors and instructors shall serve on a 
  5.17  voluntary basis without compensation.  The enforcement division 
  5.18  must supply the materials necessary for the course.  School 
  5.19  districts may cooperate with the commissioner and volunteer 
  5.20  instructors to provide space for the classroom portion of the 
  5.21  training.  
  5.22     Sec. 6.  Minnesota Statutes 1998, section 97B.015, 
  5.23  subdivision 4, is amended to read: 
  5.24     Subd. 4.  [STUDENT FEE.] To defray the expense of the 
  5.25  course, the enforcement division shall collect a fee not to 
  5.26  exceed $5 from each person that takes the firearm safety course. 
  5.27  The commissioner shall establish a fee that neither 
  5.28  significantly over recovers nor under recovers costs, including 
  5.29  overhead costs, involved in providing the services.  The fee is 
  5.30  not subject to the rulemaking provisions of chapter 14 and 
  5.31  section 14.386 does not apply.  The fees shall be deposited in 
  5.32  the game and fish fund and the amount thereof is appropriated 
  5.33  annually to the enforcement division of the department of 
  5.34  natural resources for the administration of the program.  In 
  5.35  addition to the fee established by the commissioner, instructors 
  5.36  may charge each person up to the established fee amount for 
  6.1   class materials and expenses. 
  6.2      Sec. 7.  Minnesota Statutes 1998, section 97B.025, is 
  6.3   amended to read: 
  6.4      97B.025 [ADVANCED HUNTER AND TRAPPER EDUCATION.] 
  6.5      The commissioner enforcement division of the department of 
  6.6   natural resources may establish advanced education courses for 
  6.7   hunters and trappers.  The commissioner, with the approval of 
  6.8   the commissioner of finance, may impose enforcement division 
  6.9   shall collect a fee not to exceed $10 for from each person 
  6.10  attending an advanced education a course.  The commissioner 
  6.11  shall establish the a fee under section 16A.1285. that neither 
  6.12  significantly over recovers nor under recovers costs, including 
  6.13  overhead costs, involved in providing the services.  The fee is 
  6.14  not subject to the rulemaking provisions of chapter 14 and 
  6.15  section 14.386 does not apply.  The fees shall be deposited in 
  6.16  the game and fish fund and the amount thereof is appropriated 
  6.17  annually to the enforcement division of the department of 
  6.18  natural resources for the administration of the program.  In 
  6.19  addition to the fee established by the commissioner, instructors 
  6.20  may charge each person up to the established fee amount for 
  6.21  class materials and expenses.  School districts may cooperate 
  6.22  with the commissioner and volunteer instructors to provide space 
  6.23  for the classroom portion of the training.  
  6.24     Sec. 8.  [EFFECTIVE DATE.] 
  6.25     Sections 1 to 7 are effective the day following final 
  6.26  enactment.