SF 3087

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; eliminating gas-tax revenue for motorized
recreation; modifying provisions for motorized trail grants-in-aid; requiring
rulemaking to implement recommendations for state-funded motorized
recreational trails; amending Minnesota Statutes 2006, sections 84.794,
subdivision 1; 84.803, subdivision 1; 84.83, subdivision 2; 84.927, subdivision 1;
84.930; 86B.706, subdivision 3; Minnesota Statutes 2007 Supplement, section
86B.706, subdivision 2; repealing Minnesota Statutes 2006, section 296A.18,
subdivisions 2, 3, 4, 5, 6.

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

Section 1.

Minnesota Statutes 2006, section 84.794, subdivision 1, is amended to read:

Subdivision 1.

Registration revenue.

Fees from the registration of off-highway
motorcycles deleted text begin and the unrefunded gasoline tax attributable to off-highway motorcycle
use under section 296A.18 deleted text end must be deposited in the state treasury and credited to the
off-highway motorcycle account in the natural resources fund.

Sec. 2.

Minnesota Statutes 2006, section 84.803, subdivision 1, is amended to read:

Subdivision 1.

Registration revenue.

Fees from the registration of off-road vehicles
deleted text begin and unrefunded gasoline tax attributable to off-road vehicle use under section 296A.18 deleted text end
must be deposited in the state treasury and credited to the off-road vehicle account in
the natural resources fund.

Sec. 3.

Minnesota Statutes 2006, section 84.83, subdivision 2, is amended to read:

Subd. 2.

Money deposited in the account.

Fees from the registration of
snowmobiles deleted text begin and the unrefunded gasoline tax attributable to snowmobile use pursuant to
section 296A.18 deleted text end shall be deposited in the state treasury and credited to the snowmobile
trails and enforcement account.

Sec. 4.

Minnesota Statutes 2006, section 84.927, subdivision 1, is amended to read:

Subdivision 1.

Registration revenue.

Fees from the registration of all-terrain
vehicles and deleted text begin the unrefunded gasoline tax attributable to all-terrain vehicle use under
section 296A.18, as well as deleted text end the net proceeds from the sale of all-terrain vehicles forfeited
pursuant to section 169A.63 deleted text begin , deleted text end shall be deposited in the state treasury and credited to the
all-terrain vehicle account in the natural resources fund.

Sec. 5.

Minnesota Statutes 2006, section 84.930, is amended to read:

84.930 MOTORIZED TRAIL GRANTS-IN-AID.

new text begin Subdivision 1. new text end

new text begin Initial violation. new text end

(a) This section applies to grants-in-aid for
motorized trail construction and maintenance under sections 84.794, 84.803, 84.83, and
84.927.

(b) If the commissioner of natural resources determines that a grant-in-aid recipient
has violated any federal or state law new text begin , any local ordinance, new text end or any of the terms of the
grant agreement with the commissioner, the commissioner deleted text begin may deleted text end new text begin must new text end withhold all grant
payments for any work occurring after the date the recipient was notified of the violation
and new text begin must new text end seek restitution for any property damage caused by the violation. new text begin For a first
violation, the commissioner must issue a warning that subsequent violations will result in
the penalties under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Subsequent violations. new text end

new text begin If, after a first violation under subdivision 1, the
commissioner determines that a grant-in-aid recipient has again violated any federal
or state law, any local ordinance, or any of the terms of the grant agreement with the
commissioner, the commissioner must impose the penalties under subdivision 1, and must:
new text end

new text begin (1) for a second violation, suspend any grant payments and disallow grant eligibility
for one year; and
new text end

new text begin (2) for a third or subsequent violation, designate the grant recipient as ineligible
for any future grant.
new text end

new text begin Subd. 3. new text end

new text begin Appeal. new text end

deleted text begin (c) deleted text end A grant-in-aid recipient may appeal the commissioner's
decision under deleted text begin paragraph (b) deleted text end new text begin subdivision 1 or 2 new text end in a contested case hearing under section
14.58.

Sec. 6.

Minnesota Statutes 2007 Supplement, section 86B.706, subdivision 2, is
amended to read:

Subd. 2.

Money deposited in account.

The following shall be deposited in the state
treasury and credited to the water recreation account:

(1) fees from titling and licensing of watercraft under this chapter;

(2) fines, installment payments, and forfeited bail according to section 86B.705,
subdivision 2;

(3) mooring fees and receipts from the sale of marine gas at state-operated or
state-assisted small craft harbors and mooring facilities according to section 86A.21; new text begin and
new text end

(4) deleted text begin the unrefunded gasoline tax attributable to watercraft use under section 296A.18;
and
deleted text end

deleted text begin (5) deleted text end fees for permits issued to control or harvest aquatic plants other than wild rice
under section 103G.615, subdivision 2.

Sec. 7.

Minnesota Statutes 2006, section 86B.706, subdivision 3, is amended to read:

Subd. 3.

Purposes.

The money in the account may be expended only as
appropriated by law for the following purposes:

(1) deleted text begin as directed under section 296A.18, subdivision 2, deleted text end for acquisition, development,
maintenance, and rehabilitation of public water access and boating facilities on public
waters; lake and river improvements; and boat and water safety;

(2) from the fees collected at state-operated or state-assisted small craft harbors
and mooring facilities from daily and seasonal moorings and the sale of marine gas, for
maintenance, operation, replacement, and expansion of these facilities and for the debt
service on state bonds sold to finance these facilities;

(3) for administration and enforcement of this chapter as it pertains to titling
and licensing of watercraft and use and safe operation of watercraft; grants for
county-sponsored and administered boat and water safety programs; and state boat and
water safety efforts;

(4) for management of aquatic invasive species and the implementation of chapter
84D as it pertains to aquatic invasive species, including control, public awareness, law
enforcement, assessment and monitoring, management planning, and research; and

(5) for management of aquatic plants and the implementation of section 103G.615 as
it pertains to aquatic plants, including plant removal permitting, control, public awareness,
law enforcement, assessment and monitoring, management planning, and research.

Sec. 8. new text begin REQUIRED RULEMAKING; MOTORIZED TRAILS.
new text end

new text begin (a) The commissioner of natural resources shall adopt rules to implement the
recommendations of the Office of the Legislative Auditor, contained in the program
evaluation report "State-Funded Trails for Motorized Recreation" (January 2003),
including but not limited to the following:
new text end

new text begin (1) require that environmental assessment worksheets be completed for off-highway
vehicle projects;
new text end

new text begin (2) increase the level of oversight that the commissioner provides off-highway
vehicle grants-in-aid trails and not rely on indirect and ad hoc oversight. According to the
auditor's report, the commissioner shall adopt the oversight process used in Michigan,
which requires clubs to submit engineering plans before trail work on public land is
carried out and requires the commissioner to inspect the trail work after it is completed;
new text end

new text begin (3) prohibit a local government sponsor from assigning oversight responsibility for
snowmobile or off-highway vehicle trail grants to a local government official who serves
as an officer or bookkeeper of a grant recipient; and
new text end

new text begin (4) require a wetlands inspection by a trained professional when a grant recipient
proposes moving earth, such as filling or grading, for an existing or new off-highway
vehicle trail alignment, to determine whether a wetland permit is required.
new text end

new text begin (b) The commissioner shall publish the proposed rules under paragraph (a) within
60 days of the effective date of this act.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 296A.18, subdivisions 2, 3, 4, 5, and 6, new text end new text begin are
repealed.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 5 and 8 are effective the day following final enactment.
new text end