SF 2831

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; modifying off-highway 
  1.3             vehicle requirements; establishing an off-highway 
  1.4             vehicle hot line; increasing civil penalty amounts; 
  1.5             appropriating money; amending Minnesota Statutes 2002, 
  1.6             section 84.928, subdivision 2; Minnesota Statutes 2003 
  1.7             Supplement, sections 84.773; 84.775, subdivision 1; 
  1.8             84.922, subdivision 2; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 84. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [84.772] [OFF-HIGHWAY VEHICLE TOLL-FREE 
  1.12  HOTLINE.] 
  1.13     The commissioner of natural resources shall maintain and 
  1.14  publicize a toll-free telephone number that allows citizens to: 
  1.15     (1) obtain tape recorded information about trail 
  1.16  conditions; 
  1.17     (2) report complaints about or violations by operators of 
  1.18  off-highway vehicles and watercraft; and 
  1.19     (3) report damage caused by all-terrain vehicles and trail 
  1.20  safety concerns. 
  1.21     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.22  84.773, is amended to read: 
  1.23     84.773 [RESTRICTIONS ON OPERATION OF OFF-HIGHWAY VEHICLES.] 
  1.24     (a) A person may not intentionally operate an off-highway 
  1.25  vehicle: 
  1.26     (1) on a trail on public land that is designated for 
  1.27  nonmotorized use only; 
  2.1      (2) on restricted areas within public lands that are posted 
  2.2   or where gates or other clearly visible structures are placed to 
  2.3   prevent unauthorized motorized vehicle access; or 
  2.4      (3) except as specifically authorized by law or rule 
  2.5   adopted by the commissioner, in:  type 3, 4, 5, and 8 wetlands 
  2.6   or unfrozen public waters, as defined in section 103G.005; in a 
  2.7   state park; in a scientific and natural area; or in a wildlife 
  2.8   management area. 
  2.9      (b) A person may not operate an off-highway vehicle off 
  2.10  road on public land or public waters without an off-highway 
  2.11  vehicle rules and code of conduct decal, issued by the 
  2.12  commissioner, attached to the vehicle in a legible location. 
  2.13     (c) A person may not operate an off-highway vehicle at a 
  2.14  speed greater than ten miles per hour: 
  2.15     (1) within 100 feet of a person who is not: 
  2.16     (i) on an off-highway vehicle, snowmobile, or motorcycle; 
  2.17  or 
  2.18     (ii) in a motor vehicle; 
  2.19     (2) within 100 feet of a fish house, dark house, or any 
  2.20  other structure while operating on a frozen public water; or 
  2.21     (3) within 150 feet of a home or residential dwelling. 
  2.22     (d) A person may not operate an off-highway vehicle off 
  2.23  road on public land or public waters with an air intake pipe 
  2.24  that is more than six inches above the engine manifold. 
  2.25     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.26  84.775, subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
  2.28  conservation officer or other licensed peace officer may issue a 
  2.29  civil citation to a person who operates: 
  2.30     (1) an off-highway motorcycle in violation of sections 
  2.31  84.773; 84.777; 84.788 to 84.795; or 84.90; 
  2.32     (2) an off-road vehicle in violation of sections 84.773; 
  2.33  84.777; 84.798 to 84.804; or 84.90; or 
  2.34     (3) an all-terrain vehicle in violation of sections 84.773; 
  2.35  84.777; 84.90; or 84.922 to 84.928.  
  2.36     (b) A civil citation shall require restitution for public 
  3.1   and private property damage and impose a penalty of no more than 
  3.2   $100 $250 for the first offense, no more than $200 $500 for the 
  3.3   second offense, and no more than $500 $1,000 for third and 
  3.4   subsequent offenses.  If the peace officer determines that there 
  3.5   is damage to property requiring restitution, the commissioner 
  3.6   must send a written explanation of the extent of the damage and 
  3.7   the cost of the repair by first class mail to the address 
  3.8   provided by the person receiving the citation within 15 days of 
  3.9   the date of the citation. 
  3.10     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  3.11  84.922, subdivision 2, is amended to read: 
  3.12     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
  3.13  for registration or continued registration shall be made to the 
  3.14  commissioner of natural resources, the commissioner of public 
  3.15  safety or an authorized deputy registrar of motor vehicles in a 
  3.16  form prescribed by the commissioner.  The form must state the 
  3.17  name and address of every owner of the vehicle.  
  3.18     (b) A person who purchases an all-terrain vehicle from a 
  3.19  retail dealer shall make application for registration to the 
  3.20  dealer at the point of sale.  The dealer shall issue a temporary 
  3.21  ten-day registration permit to each purchaser who applies to the 
  3.22  dealer for registration.  The dealer shall submit the completed 
  3.23  registration application and fees to the deputy registrar at 
  3.24  least once each week.  No fee may be charged by a dealer to a 
  3.25  purchaser for providing the temporary permit. 
  3.26     (c) Upon receipt of the application and the appropriate 
  3.27  fee, the commissioner or deputy registrar shall issue to the 
  3.28  applicant, or provide to the dealer, a 60-day temporary receipt 
  3.29  and shall assign a registration number that must be affixed to 
  3.30  the vehicle in a manner prescribed by the commissioner.  A 
  3.31  dealer subject to paragraph (b) shall provide the registration 
  3.32  materials and temporary receipt to the purchaser within the 
  3.33  ten-day temporary permit period.  The commissioner shall use the 
  3.34  snowmobile registration system to register vehicles under this 
  3.35  section.  
  3.36     (d) Each deputy registrar of motor vehicles acting under 
  4.1   section 168.33, is also a deputy registrar of all-terrain 
  4.2   vehicles.  The commissioner of natural resources in agreement 
  4.3   with the commissioner of public safety may prescribe the 
  4.4   accounting and procedural requirements necessary to assure 
  4.5   efficient handling of registrations and registration fees. 
  4.6   Deputy registrars shall strictly comply with the accounting and 
  4.7   procedural requirements.  
  4.8      (e) In addition to other fees prescribed by law, a filing 
  4.9   fee of $4.50 is charged for each all-terrain vehicle 
  4.10  registration renewal, duplicate or replacement registration 
  4.11  card, and replacement decal and a filing fee of $7 is charged 
  4.12  for each all-terrain vehicle registration and registration 
  4.13  transfer issued by: 
  4.14     (1) a deputy registrar and shall be deposited in the 
  4.15  treasury of the jurisdiction where the deputy is appointed, or 
  4.16  retained if the deputy is not a public official; or 
  4.17     (2) the commissioner and shall be deposited to the state 
  4.18  treasury and credited to the all-terrain vehicle account in the 
  4.19  natural resources fund. 
  4.20     (f) The registration numbers and decal must be displayed on 
  4.21  a plate not less than six inches high and 12 inches wide, which 
  4.22  is clearly visible on the back of the vehicle, at least 12 
  4.23  inches from the ground.  The plate, registration numbers, and 
  4.24  registration decal must be maintained in a clear and legible 
  4.25  condition.  Letters and numbers on the plate shall be at least 
  4.26  three inches high and no less than a one-half inch brush stroke. 
  4.27     Sec. 5.  Minnesota Statutes 2002, section 84.928, 
  4.28  subdivision 2, is amended to read: 
  4.29     Subd. 2.  [OPERATION GENERALLY.] A person may not drive or 
  4.30  operate an all-terrain vehicle: 
  4.31     (1) at a rate of speed greater than reasonable or proper 
  4.32  under the surrounding circumstances; 
  4.33     (2) in a careless, reckless, or negligent manner so as to 
  4.34  endanger or to cause injury or damage to the person or property 
  4.35  of another; 
  4.36     (3) without headlight and taillight lighted at all times if 
  5.1   the vehicle is equipped with headlight and taillight; 
  5.2      (4) without a functioning stoplight if so equipped; 
  5.3      (5) in a tree nursery or planting in a manner that damages 
  5.4   or destroys growing stock; 
  5.5      (6) without a brake operational by either hand or foot; 
  5.6      (7) with more persons on the vehicle than it was designed 
  5.7   for, except as allowed under section 84.9257; 
  5.8      (8) on public lands with tires that have a tread depth 
  5.9   greater than three-fourths of one inch; 
  5.10     (9) at a speed exceeding ten miles per hour on the frozen 
  5.11  surface of public waters within 100 feet of a person not on an 
  5.12  all-terrain vehicle or within 100 feet of a fishing shelter; or 
  5.13     (9) (10) in a manner that violates operation rules adopted 
  5.14  by the commissioner. 
  5.15     Sec. 6.  [APPROPRIATION.] 
  5.16     $1,200,000 in fiscal year 2005 is appropriated from the 
  5.17  natural resources fund to the commissioner of natural resources 
  5.18  for monitoring and enforcement activities on lands and trails 
  5.19  administered by the commissioner.  Of this amount, $700,000 is 
  5.20  from the all-terrain vehicle account, $450,000 is from the 
  5.21  off-road vehicle account, and $50,000 is from the off-highway 
  5.22  motorcycle account.