SF 850

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; restricting the use of 
  1.3             off-highway vehicles on state land; providing civil 
  1.4             citation authority; modifying the disposition of 
  1.5             certain fees; modifying registration and operating 
  1.6             requirements for certain recreational vehicles; 
  1.7             providing for enforcement; modifying motorized trail 
  1.8             grants-in-aid; appropriating money; amending Minnesota 
  1.9             Statutes 2002, sections 84.788, subdivisions 2, 3, by 
  1.10            adding a subdivision; 84.791, subdivisions 1, 2, by 
  1.11            adding a subdivision; 84.794, subdivision 2; 84.798, 
  1.12            by adding a subdivision; 84.803, subdivision 2; 84.92, 
  1.13            subdivision 8; 84.922, by adding a subdivision; 
  1.14            84.925, subdivision 1, by adding a subdivision; 
  1.15            84.926; 84.927, subdivision 2; 84.928, subdivision 1; 
  1.16            proposing coding for new law in Minnesota Statutes, 
  1.17            chapter 84. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  [84.771] [OFF-HIGHWAY VEHICLE DEFINITION.] 
  1.20     For the purposes of sections 84.771 to 84.930, "off-highway 
  1.21  vehicle" means an off-highway motorcycle, as defined under 
  1.22  section 84.787, subdivision 7; an off-road vehicle, as defined 
  1.23  under section 84.797, subdivision 7; or an all-terrain vehicle, 
  1.24  as defined under section 84.92, subdivision 8. 
  1.25     Sec. 2.  [84.773] [OPERATION OF OFF-HIGHWAY VEHICLES ON 
  1.26  PUBLIC LANDS.] 
  1.27     Subdivision 1.  [CERTIFICATE AND RULES DECAL REQUIRED.] (a) 
  1.28  A person may not operate an off-highway vehicle off-road on 
  1.29  public land unless the operator has complied with the 
  1.30  educational certificate possession requirements in this 
  1.31  section.  An operator of an off-highway vehicle must possess a 
  2.1   copy of one of the following certificates at all times while 
  2.2   operating an off-highway vehicle on public land: 
  2.3      (1) an off-highway motorcycle certificate issued under 
  2.4   section 84.791; 
  2.5      (2) an off-road vehicle certificate issued under section 
  2.6   84.8015; or 
  2.7      (3) an all-terrain vehicle certificate issued under section 
  2.8   84.925.  
  2.9      (b) A person may not operate an off-highway vehicle 
  2.10  off-road on public land without an off-highway vehicle rules 
  2.11  decal, issued by the commissioner, attached to the vehicle in 
  2.12  full view of the operator. 
  2.13     Subd. 2.  [REVOCATION OF CERTIFICATE.] If the commissioner 
  2.14  of natural resources determines that a person has violated 
  2.15  subdivision 3 or has committed three offenses related to the 
  2.16  operation of off-highway vehicles on public lands, the 
  2.17  commissioner must revoke all of the off-highway vehicle 
  2.18  certificates the person possesses.  After one year from the date 
  2.19  of revocation, the holder of a certificate revoked under this 
  2.20  subdivision may petition for reinstatement of the certificate.  
  2.21  As a condition of reinstatement, the commissioner must require 
  2.22  the petitioner to sign a written statement agreeing to follow 
  2.23  the off-highway vehicle laws in this state.  
  2.24     Subd. 3.  [RESTRICTIONS ON OPERATION.] A person may not 
  2.25  intentionally operate an off-highway vehicle: 
  2.26     (1) on a trail on public land that is designated for 
  2.27  nonmotorized use only; 
  2.28     (2) on restricted areas within public lands that are posted 
  2.29  or where gates or other clearly visible structures are placed to 
  2.30  prevent unauthorized motorized vehicle access; 
  2.31     (3) except as specifically authorized by law or rule 
  2.32  adopted by the commissioner, in:  type 3, 4, 5, and 8 wetlands 
  2.33  or unfrozen public waters, as defined in section 103G.005; in a 
  2.34  state park; in a scientific and natural area; or in a wildlife 
  2.35  management area; or 
  2.36     (4) on public land under a certificate currently or 
  3.1   previously revoked under subdivision 2. 
  3.2      [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  3.3      Sec. 3.  [84.775] [OFF-HIGHWAY VEHICLE CIVIL CITATIONS.] 
  3.4      Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
  3.5   conservation officer or other licensed peace officer may issue a 
  3.6   civil citation to a person who operates: 
  3.7      (1) an off-highway motorcycle in violation of sections 
  3.8   84.773; 84.777; 84.788 to 84.795; or 84.90; 
  3.9      (2) an off-road vehicle in violation of sections 84.773; 
  3.10  84.777; 84.798 to 84.804; or 84.90; or 
  3.11     (3) an all-terrain vehicle in violation of sections 84.773; 
  3.12  84.777; 84.90; or 84.922 to 84.928.  
  3.13     (b) A civil citation shall require restitution for any 
  3.14  public or private property damage and impose a penalty of no 
  3.15  more than $250 for the first offense, no more than $500 for the 
  3.16  second offense, and no more than $1,000 for third and subsequent 
  3.17  offenses.  If the peace officer determines that there is damage 
  3.18  to property requiring restitution, the commissioner of natural 
  3.19  resources must send a written explanation of the extent of the 
  3.20  damage and the cost of the repair by first class mail to the 
  3.21  address provided by the person receiving the citation within 15 
  3.22  days of the date of the citation.  
  3.23     Subd. 2.  [APPEALS.] Civil citations issued under 
  3.24  subdivision 1 may be appealed according to section 116.072, if 
  3.25  the recipient of the citation requests a hearing by notifying 
  3.26  the commissioner in writing within 30 days after receipt of the 
  3.27  citation or, if applicable, within 15 days after the date of 
  3.28  mailing the explanation of restitution.  For the purposes of 
  3.29  this section, the terms "commissioner" and "agency" as used in 
  3.30  section 116.072 mean the commissioner of natural resources.  If 
  3.31  a hearing is not requested within the 30-day period, the 
  3.32  citation becomes a final order not subject to further review.  
  3.33     Subd. 3.  [ENFORCEMENT.] Civil citations issued under 
  3.34  subdivision 1 may be enforced under section 116.072, subdivision 
  3.35  9.  Penalty amounts must be remitted within 30 days of issuance 
  3.36  of the citation.  If a person fails to pay a penalty owed under 
  4.1   this section within 30 days of the citation, the commissioner 
  4.2   must revoke all certificates issued to the person according to 
  4.3   section 84.773, subdivision 2.  
  4.4      Subd. 4.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
  4.5   collected from civil citations issued under this section must be 
  4.6   paid to the treasury of the unit of government employing the 
  4.7   officer that issued the civil citation.  Penalties retained by 
  4.8   the commissioner shall be credited as follows:  to the 
  4.9   off-highway motorcycle account under section 84.794 for 
  4.10  citations involving off-highway motorcycles; to the off-road 
  4.11  vehicle account under section 84.803 for citations involving 
  4.12  off-road vehicles; or to the all-terrain vehicle account under 
  4.13  section 84.927 for citations involving all-terrain vehicles.  
  4.14  Penalty amounts credited under this subdivision are dedicated 
  4.15  for the enforcement of off-highway vehicle laws.  
  4.16     Subd. 5.  [SELECTION OF REMEDY.] A peace officer may not 
  4.17  seek both civil and misdemeanor penalties for offenses listed in 
  4.18  subdivision 1.  
  4.19     Sec. 4.  [84.776] [LOCAL UNIT OF GOVERNMENT; CLAIMS FOR 
  4.20  DAMAGE.] 
  4.21     A local unit of government may submit a claim to the 
  4.22  commissioner of natural resources for the cost of repair or 
  4.23  restoration of property under the jurisdiction of the government 
  4.24  unit that is designated for use by off-highway vehicles and has 
  4.25  been damaged by off-highway vehicle use.  The commissioner may 
  4.26  request any information necessary to evaluate the claim and may 
  4.27  make payment from money appropriated for that purpose, including 
  4.28  money from the off-highway motorcycle account under section 
  4.29  84.794, subdivision 2, paragraph (a), clause (3); money from the 
  4.30  off-road vehicle account under section 84.803, subdivision 2, 
  4.31  paragraph (a), clause (3); and money from the all-terrain 
  4.32  vehicle account under section 84.927, subdivision 2, paragraph 
  4.33  (a), clause (3). 
  4.34     Sec. 5.  [84.777] [OFF-HIGHWAY VEHICLE USE OF STATE LANDS 
  4.35  RESTRICTED.] 
  4.36     Subdivision 1.  [RESTRICTED USE.] (a) Except as otherwise 
  5.1   allowed by law or rules adopted by the commissioner, effective 
  5.2   June 1, 2003, notwithstanding sections 84.787 to 84.805 and 
  5.3   84.92 to 84.929, the use of off-highway vehicles is prohibited 
  5.4   on state land administered by the commissioner of natural 
  5.5   resources, and on county-administered forest land within the 
  5.6   boundaries of a state forest, except on roads and trails 
  5.7   specifically designated and posted by the commissioner for use 
  5.8   by off-highway vehicles. 
  5.9      (b) Paragraph (a) does not apply to county-administered 
  5.10  land within a state forest if the county board adopts a 
  5.11  resolution that regulates the use of off-highway vehicles on 
  5.12  county-administered land within the forest. 
  5.13     Subd. 2.  [ROAD OR TRAIL CLOSURE.] The commissioner may 
  5.14  close a road or trail designated under subdivision 1 when: 
  5.15     (1) adequate maintenance cannot be done on the road or 
  5.16  trail; or 
  5.17     (2) there is significant damage to natural resources, 
  5.18  including, but not limited to, forest resources as defined in 
  5.19  section 89.001, subdivision 8.  
  5.20     Sec. 6.  [84.780] [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 
  5.21     The off-highway vehicle damage account is created in the 
  5.22  natural resources fund.  Money in the off-highway vehicle damage 
  5.23  account is appropriated to the commissioner of natural resources 
  5.24  for the repair or restoration of property damaged by the 
  5.25  operation of off-highway vehicles in an unpermitted area and for 
  5.26  the costs of administration for this section.  Before the 
  5.27  commissioner may make a payment from this account, the 
  5.28  commissioner must determine whether the damage to the property 
  5.29  was caused by the unpermitted use of off-highway vehicles, that 
  5.30  the applicant has made reasonable efforts to identify the 
  5.31  responsible individual and obtain payment from the individual, 
  5.32  and that the applicant has made reasonable efforts to prevent 
  5.33  reoccurrence. 
  5.34     Sec. 7.  Minnesota Statutes 2002, section 84.788, 
  5.35  subdivision 2, is amended to read: 
  5.36     Subd. 2.  [EXEMPTIONS.] Registration is not required for 
  6.1   off-highway motorcycles:  
  6.2      (1) owned and used by the United States, the state, another 
  6.3   state, or a political subdivision; 
  6.4      (2) registered in another state or country that have not 
  6.5   been within this state for more than 30 consecutive days; or 
  6.6      (3) used exclusively in organized track racing events; 
  6.7      (4) being used on private land with the permission of the 
  6.8   landowner; or 
  6.9      (5) registered under chapter 168, when operated on forest 
  6.10  roads to gain access to a state forest campground. 
  6.11     Sec. 8.  Minnesota Statutes 2002, section 84.788, 
  6.12  subdivision 3, is amended to read: 
  6.13     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  6.14  for registration or continued registration must be made to the 
  6.15  commissioner or an authorized deputy registrar of motor vehicles 
  6.16  in a form prescribed by the commissioner.  The form must state 
  6.17  the name and address of every owner of the off-highway 
  6.18  motorcycle. 
  6.19     (b) A person who purchases from a retail dealer an 
  6.20  off-highway motorcycle that is intended to be operated on public 
  6.21  lands or waters shall make application for registration to the 
  6.22  dealer at the point of sale.  The dealer shall issue a temporary 
  6.23  ten-day registration permit to each purchaser who applies to the 
  6.24  dealer for registration.  The dealer shall submit the completed 
  6.25  registration applications and fees to the deputy registrar at 
  6.26  least once each week.  No fee may be charged by a dealer to a 
  6.27  purchaser for providing the temporary permit. 
  6.28     (c) Upon receipt of the application and the appropriate 
  6.29  fee, the commissioner or deputy registrar shall issue to the 
  6.30  applicant, or provide to the dealer, a 60-day temporary receipt 
  6.31  and shall assign a registration number that must be affixed to 
  6.32  the motorcycle in a manner prescribed by the commissioner.  A 
  6.33  dealer subject to paragraph (b) shall provide the registration 
  6.34  materials and temporary receipt to the purchaser within the 
  6.35  ten-day temporary permit period. 
  6.36     (d) The commissioner shall develop a registration system to 
  7.1   register vehicles under this section.  A deputy registrar of 
  7.2   motor vehicles acting under section 168.33, is also a deputy 
  7.3   registrar of off-highway motorcycles.  The commissioner of 
  7.4   natural resources in agreement with the commissioner of public 
  7.5   safety may prescribe the accounting and procedural requirements 
  7.6   necessary to ensure efficient handling of registrations and 
  7.7   registration fees.  Deputy registrars shall strictly comply with 
  7.8   the accounting and procedural requirements.  A fee of $2 in 
  7.9   addition to other fees prescribed by law is charged for each 
  7.10  off-highway motorcycle registered by: 
  7.11     (1) a deputy registrar and must be deposited in the 
  7.12  treasury of the jurisdiction where the deputy is appointed, or 
  7.13  kept if the deputy is not a public official; or 
  7.14     (2) the commissioner and must be deposited in the state 
  7.15  treasury and credited to the off-highway motorcycle account. 
  7.16     Sec. 9.  Minnesota Statutes 2002, section 84.788, is 
  7.17  amended by adding a subdivision to read: 
  7.18     Subd. 6a.  [OFF-HIGHWAY VEHICLE DAMAGE SURCHARGE.] A $15 
  7.19  surcharge is placed on each off-highway motorcycle registered 
  7.20  under subdivision 6, paragraph (a).  The surcharge must be 
  7.21  deposited in the off-highway vehicle damage account in the 
  7.22  natural resources fund under section 84.780. 
  7.23     Sec. 10.  Minnesota Statutes 2002, section 84.791, 
  7.24  subdivision 1, is amended to read: 
  7.25     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
  7.26  shall establish a comprehensive off-highway motorcycle 
  7.27  environment and safety education and training program, including 
  7.28  the preparation and dissemination of vehicle information and 
  7.29  safety advice to the public, the training of off-highway 
  7.30  motorcycle operators, and the issuance of off-highway motorcycle 
  7.31  safety certificates to operators under the age of 16 years who 
  7.32  successfully complete the off-highway motorcycle environment and 
  7.33  safety education and training courses.  The courses must include 
  7.34  information about the responsible operation of off-highway 
  7.35  motorcycles on public lands and frozen waters, including 
  7.36  information about relevant state laws and the environmental 
  8.1   impacts related to trail riding behavior.  
  8.2      Sec. 11.  Minnesota Statutes 2002, section 84.791, 
  8.3   subdivision 2, is amended to read: 
  8.4      Subd. 2.  [FEE.] For the purposes of administering the 
  8.5   program and to defray a portion of the expenses of training and 
  8.6   certifying vehicle operators, the commissioner shall collect a 
  8.7   fee not to exceed $5 $10 from each person who receives the 
  8.8   training. The fees must be deposited in the state treasury and 
  8.9   credited to the off-highway motorcycle account. 
  8.10     Sec. 12.  Minnesota Statutes 2002, section 84.791, is 
  8.11  amended by adding a subdivision to read: 
  8.12     Subd. 4.  [EXEMPTION FROM TRAINING.] Until July 1, 2005, 
  8.13  the commissioner shall issue a certificate that satisfies the 
  8.14  requirements of section 84.773 to the operator of a registered 
  8.15  off-highway motorcycle who is at least 18 years of age and who 
  8.16  signs a statement on a form prepared by the commissioner that 
  8.17  the operator is familiar with and agrees to obey the off-highway 
  8.18  laws in this state.  The commissioner may charge a fee of up to 
  8.19  $5 for issuing the certificate.  
  8.20     Sec. 13.  Minnesota Statutes 2002, section 84.794, 
  8.21  subdivision 2, is amended to read: 
  8.22     Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
  8.23  legislature, money in the off-highway motorcycle account may 
  8.24  only be spent for the following purposes: 
  8.25     (1) administration, and enforcement, and implementation of 
  8.26  sections 84.787 84.773 to 84.796, including, but not limited to, 
  8.27  increasing the number of conservation officers available for 
  8.28  enforcement of off-highway motorcycle laws to ensure that 
  8.29  off-highway motorcycle laws are sufficiently enforced; 
  8.30     (2) acquisition, maintenance, and development of monitoring 
  8.31  ongoing impacts of off-highway motorcycle use; 
  8.32     (3) maintenance and repair of designated off-highway 
  8.33  motorcycle trails and use areas; and 
  8.34     (3) grants-in-aid (4) acquisition and development of trails 
  8.35  designated for use by off-highway motorcycles; 
  8.36     (5) funding state safety and environmental programs for 
  9.1   off-highway motorcycle use; 
  9.2      (6) providing grants-in-aid to local safety and 
  9.3   environmental programs for off-highway motorcycle use; 
  9.4      (7) providing grants for enforcement to local jurisdictions 
  9.5   where the off-highway vehicle laws are equivalent to the 
  9.6   standards in state law; and 
  9.7      (8) funding grant-in-aid programs to counties and 
  9.8   municipalities to construct and maintain local off-highway 
  9.9   motorcycle trails and use areas. 
  9.10     (b) The distribution of funds made available for 
  9.11  grants-in-aid must be guided by the statewide comprehensive 
  9.12  outdoor recreation plan. 
  9.13     (c) In determining the amount of money to be allocated for 
  9.14  enforcement purposes under paragraph (a), clause (1), the 
  9.15  commissioner shall consider: 
  9.16     (1) the number of off-highway motorcycles using state 
  9.17  lands, by enforcement region; 
  9.18     (2) the number of off-highway motorcycles using a 
  9.19  particular outdoor recreation unit in relation to the size of 
  9.20  the unit and the type, speed, and size of off-highway 
  9.21  motorcycles used; 
  9.22     (3) the acreage of state land within each enforcement 
  9.23  region; 
  9.24     (4) the extent to which violations are cited in each 
  9.25  enforcement region; 
  9.26     (5) the overall performance of each enforcement region; 
  9.27     (6) special considerations, such as volume of transient, 
  9.28  nonresident, or rental off-highway motorcycles or extremely 
  9.29  large outdoor recreation units; and 
  9.30     (7) any other factor determined relevant by the 
  9.31  commissioner. 
  9.32     Sec. 14.  Minnesota Statutes 2002, section 84.798, is 
  9.33  amended by adding a subdivision to read: 
  9.34     Subd. 6a.  [OFF-HIGHWAY VEHICLE DAMAGE SURCHARGE.] A $15 
  9.35  surcharge is placed on each off-road vehicle registered under 
  9.36  subdivision 6, paragraph (a).  The surcharge must be deposited 
 10.1   in the off-highway vehicle damage account in the natural 
 10.2   resources fund under section 84.780. 
 10.3      Sec. 15.  [84.8015] [EDUCATION AND TRAINING.] 
 10.4      Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
 10.5   shall establish a comprehensive off-road vehicle environment and 
 10.6   safety education and training program, including the preparation 
 10.7   and dissemination of vehicle information and safety advice to 
 10.8   the public, the training of off-road vehicle operators, and the 
 10.9   issuance of off-road vehicle certificates to operators who 
 10.10  successfully complete the off-road vehicle environment and 
 10.11  safety education and training courses.  The courses must include 
 10.12  information about the responsible operation of off-road vehicles 
 10.13  on public lands and frozen waters, including information about 
 10.14  relevant state laws and the environmental impacts related to 
 10.15  trail use.  
 10.16     Subd. 2.  [FEE.] For the purposes of administering the 
 10.17  program and to defray a portion of the expenses of training and 
 10.18  certifying vehicle operators, the commissioner shall collect a 
 10.19  fee not to exceed $10 from each person who receives the 
 10.20  training.  The fees must be deposited in the state treasury and 
 10.21  credited to the off-road vehicle account.  
 10.22     Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
 10.23  shall cooperate with private organizations and associations, 
 10.24  private and public corporations, and local governmental units in 
 10.25  furtherance of the program established under this section.  The 
 10.26  commissioner shall consult with the commissioner of public 
 10.27  safety in regard to training program subject matter and 
 10.28  performance testing that leads to the certification of off-road 
 10.29  vehicle operators.  
 10.30     Subd. 4.  [EXEMPTION FROM TRAINING.] Until July 1, 2005, 
 10.31  the commissioner shall issue a certificate that satisfies the 
 10.32  requirements of section 84.773 to the operator of a registered 
 10.33  off-road vehicle who is at least 18 years of age and who signs a 
 10.34  statement on a form prepared by the commissioner that the 
 10.35  operator is familiar with and agrees to obey the off-road 
 10.36  vehicle laws in this state.  The commissioner may charge a fee 
 11.1   of up to $5 for issuing the certificate.  
 11.2      Sec. 16.  Minnesota Statutes 2002, section 84.803, 
 11.3   subdivision 2, is amended to read: 
 11.4      Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
 11.5   legislature, money in the off-road vehicle account may only be 
 11.6   spent for the following purposes: 
 11.7      (1) administration and implementation of enforcement of 
 11.8   sections 84.773 to 84.777 and 84.797 to 84.805 and Laws 1993, 
 11.9   chapter 311, article 2, section 18, including, but not limited 
 11.10  to, increasing the number of conservation officers available for 
 11.11  enforcement of off-road vehicle laws to ensure that off-road 
 11.12  vehicle laws are sufficiently enforced; 
 11.13     (2) acquisition, maintenance, and development of monitoring 
 11.14  ongoing impacts of off-road vehicle use; 
 11.15     (3) maintenance and repair of designated off-road vehicle 
 11.16  trails and use areas; 
 11.17     (4) acquisition and development of trails designated for 
 11.18  use by off-road vehicles; 
 11.19     (5) funding state safety and environmental programs for 
 11.20  off-road vehicle use; 
 11.21     (6) providing grants-in-aid to local safety and 
 11.22  environmental programs for off-road vehicle use; 
 11.23     (3) (7) funding grant-in-aid programs to counties and 
 11.24  municipalities to construct and maintain local off-road vehicle 
 11.25  trails and use areas; and 
 11.26     (4) grants-in-aid to local safety programs 
 11.27     (8) providing grants for enforcement to local jurisdictions 
 11.28  where off-highway vehicle laws are equivalent to the standards 
 11.29  in state law. 
 11.30     (b) In determining the amount of money to be allocated for 
 11.31  enforcement purposes under paragraph (a), clause (1), the 
 11.32  commissioner shall consider: 
 11.33     (1) the number of off-road vehicles using state lands, by 
 11.34  enforcement region; 
 11.35     (2) the number of off-road vehicles using a particular 
 11.36  outdoor recreation unit in relation to the size of the unit and 
 12.1   the type, speed, and size of off-road vehicles used; 
 12.2      (3) the acreage of state land within each enforcement 
 12.3   region; 
 12.4      (4) the extent to which violations are cited in each 
 12.5   enforcement region; 
 12.6      (5) the overall performance of each enforcement region; 
 12.7      (6) special considerations, such as volume of transient, 
 12.8   nonresident, or rental off-road vehicles or extremely large 
 12.9   outdoor recreation units; and 
 12.10     (7) any other factor determined relevant by the 
 12.11  commissioner. 
 12.12     Sec. 17.  [84.901] [OFF-HIGHWAY VEHICLE SAFETY AND 
 12.13  CONSERVATION PROGRAM.] 
 12.14     Subdivision 1.  [CREATION.] The commissioner of natural 
 12.15  resources shall establish a program to promote the safe and 
 12.16  responsible operation of off-highway vehicles in a manner that 
 12.17  does not harm the environment.  The commissioner shall 
 12.18  coordinate the program through the regional offices of the 
 12.19  department of natural resources. 
 12.20     Subd. 2.  [PURPOSE.] The purpose of the program is to 
 12.21  encourage off-highway vehicle clubs to assist, on a volunteer 
 12.22  basis, in improving, maintaining, and monitoring of trails on 
 12.23  state forest land and other public lands. 
 12.24     Subd. 3.  [AGREEMENTS.] (a) The commissioner shall enter 
 12.25  into informal agreements with off-highway vehicle clubs for 
 12.26  volunteer services to maintain, make improvements to, and 
 12.27  monitor trails on state forest land and other public lands.  The 
 12.28  off-highway vehicle clubs shall promote the operation of 
 12.29  off-highway vehicles in a safe and responsible manner that 
 12.30  complies with the laws and rules that relate to the operation of 
 12.31  off-highway vehicles. 
 12.32     (b) The off-highway vehicle clubs may provide assistance to 
 12.33  the department in locating, recruiting, and training instructors 
 12.34  for off-highway vehicle training programs. 
 12.35     (c) The commissioner may provide assistance to enhance the 
 12.36  comfort and safety of volunteers and to facilitate the 
 13.1   implementation and administration of the safety and conservation 
 13.2   program. 
 13.3      Subd. 4.  [WORKER DISPLACEMENT PROHIBITED.] The 
 13.4   commissioner may not enter into any agreement that has the 
 13.5   purpose of or results in the displacement of public employees by 
 13.6   volunteers participating in the off-highway safety and 
 13.7   conservation program under this section.  The commissioner must 
 13.8   certify to the appropriate bargaining agent that the work 
 13.9   performed by a volunteer will not result in the displacement of 
 13.10  currently employed workers or workers on seasonal layoff or 
 13.11  layoff from a substantially equivalent position, including 
 13.12  partial displacement such as reduction in hours of nonovertime 
 13.13  work, wages, or other employment benefits. 
 13.14     Sec. 18.  Minnesota Statutes 2002, section 84.92, 
 13.15  subdivision 8, is amended to read: 
 13.16     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
 13.17  "vehicle" means a motorized flotation-tired vehicle of not less 
 13.18  than three low pressure tires, but not more than six tires, that 
 13.19  is limited in engine displacement of less than 800 cubic 
 13.20  centimeters and total dry weight less than 800 900 pounds. 
 13.21     Sec. 19.  Minnesota Statutes 2002, section 84.922, is 
 13.22  amended by adding a subdivision to read: 
 13.23     Subd. 5a.  [OFF-HIGHWAY VEHICLE DAMAGE SURCHARGE.] A $15 
 13.24  surcharge is placed on each all-terrain vehicle registration 
 13.25  under subdivision 5, paragraph (a), clause (1).  The surcharge 
 13.26  must be deposited in the off-highway vehicle damage account in 
 13.27  the natural resources fund under section 84.780. 
 13.28     Sec. 20.  Minnesota Statutes 2002, section 84.925, 
 13.29  subdivision 1, is amended to read: 
 13.30     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
 13.31  shall establish a comprehensive all-terrain vehicle 
 13.32  environmental and safety education and training program, 
 13.33  including the preparation and dissemination of vehicle 
 13.34  information and safety advice to the public, the training of 
 13.35  all-terrain vehicle operators, and the issuance of all-terrain 
 13.36  vehicle safety certificates to vehicle operators over the age of 
 14.1   12 years who successfully complete the all-terrain vehicle 
 14.2   environmental and safety education and training course.  The 
 14.3   courses must include information about the responsible operation 
 14.4   of all-terrain vehicles on public lands and frozen waters, 
 14.5   including information about relevant state laws and the 
 14.6   environmental impacts related to trail riding behavior.  
 14.7      (b) For the purpose of administering the program and to 
 14.8   defray a portion of the expenses of training and certifying 
 14.9   vehicle operators, the commissioner shall collect a fee of $15 
 14.10  from each person who receives the training that includes a 
 14.11  riding component, and a fee of $10 from each person who receives 
 14.12  training without a riding component.  Fee proceeds shall be 
 14.13  deposited in the all-terrain vehicle account in the natural 
 14.14  resources fund. 
 14.15     (c) The commissioner shall cooperate with private 
 14.16  organizations and associations, private and public corporations, 
 14.17  and local governmental units in furtherance of the program 
 14.18  established under this section.  School districts may cooperate 
 14.19  with the commissioner and volunteer instructors to provide space 
 14.20  for the classroom portion of the training.  The commissioner 
 14.21  shall consult with the commissioner of public safety in regard 
 14.22  to training program subject matter and performance testing that 
 14.23  leads to the certification of vehicle operators.  By June 30, 
 14.24  2003, the commissioner shall incorporate a riding component in 
 14.25  the safety education and training program. 
 14.26     Sec. 21.  Minnesota Statutes 2002, section 84.925, is 
 14.27  amended by adding a subdivision to read: 
 14.28     Subd. 3.  [EXEMPTION FROM TRAINING.] Until July 1, 2005, 
 14.29  the commissioner shall issue a certificate that satisfies the 
 14.30  requirements of section 84.773 to the operator of a registered 
 14.31  all-terrain vehicle who is at least 18 years of age and who 
 14.32  signs a statement on a form prepared by the commissioner that 
 14.33  the operator is familiar with and agrees to obey the all-terrain 
 14.34  vehicle laws in this state.  The commissioner may charge a fee 
 14.35  of up to $5 for issuing the certificate.  
 14.36     Sec. 22.  Minnesota Statutes 2002, section 84.926, is 
 15.1   amended to read: 
 15.2      84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 
 15.3   COMMISSIONER.] 
 15.4      Notwithstanding section 84.777, on a case by case 
 15.5   basis, after notice and public hearing, the commissioner 
 15.6   may allow vehicles issue a permit authorizing a person to 
 15.7   operate an off-highway vehicle on individual public trails under 
 15.8   the commissioner's jurisdiction during specified times and for 
 15.9   specified purposes.  
 15.10     Sec. 23.  Minnesota Statutes 2002, section 84.927, 
 15.11  subdivision 2, is amended to read: 
 15.12     Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
 15.13  legislature, money in the all-terrain vehicle account may only 
 15.14  be spent for the following purposes:  
 15.15     (1) the education and training program under section 
 15.16  84.925; 
 15.17     (2) administration and implementation of enforcement of 
 15.18  sections 84.773 to 84.777 and 84.92 to 84.929 and Laws 1984, 
 15.19  chapter 647, sections 9 and 10, including, but not limited to, 
 15.20  increasing the number of conservation officers available for 
 15.21  enforcement of all-terrain vehicle laws to ensure that 
 15.22  all-terrain vehicle laws are sufficiently enforced; 
 15.23     (2) monitoring ongoing impacts of all-terrain vehicle use; 
 15.24     (3) acquisition, maintenance, and development of repair of 
 15.25  vehicle trails and use areas; 
 15.26     (4) acquisition and development of trails designated for 
 15.27  use by all-terrain vehicles; 
 15.28     (5) funding state safety and environmental programs for 
 15.29  all-terrain vehicle use; 
 15.30     (6) providing grants-in-aid to local safety and 
 15.31  environmental programs for all-terrain vehicle use; 
 15.32     (4) (7) funding grant-in-aid programs to counties and 
 15.33  municipalities to construct and maintain local all-terrain 
 15.34  vehicle trails and use areas; and 
 15.35     (5) grants-in-aid to local safety programs 
 15.36     (8) providing grants for enforcement to local jurisdictions 
 16.1   where off-highway vehicle laws are equivalent to the standards 
 16.2   in state law. 
 16.3      (b) The distribution of funds made available through 
 16.4   grant-in-aid programs must be guided by the statewide 
 16.5   comprehensive outdoor recreation plan. 
 16.6      (c) In determining the amount of money to be allocated for 
 16.7   enforcement purposes under paragraph (a), clause (1), the 
 16.8   commissioner shall consider: 
 16.9      (1) the number of all-terrain vehicles using state lands, 
 16.10  by enforcement region; 
 16.11     (2) the number of all-terrain vehicles using a particular 
 16.12  outdoor recreation unit in relation to the size of the unit and 
 16.13  the type, speed, and size of all-terrain vehicles used; 
 16.14     (3) the acreage of state land within each enforcement 
 16.15  region; 
 16.16     (4) the extent to which violations are cited in each 
 16.17  enforcement region; 
 16.18     (5) the overall performance of each enforcement region; 
 16.19     (6) special considerations, such as volume of transient, 
 16.20  nonresident, or rental all-terrain vehicles or extremely large 
 16.21  outdoor recreation units; and 
 16.22     (7) any other factor determined relevant by the 
 16.23  commissioner. 
 16.24     Sec. 24.  Minnesota Statutes 2002, section 84.928, 
 16.25  subdivision 1, is amended to read: 
 16.26     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 16.27  Unless otherwise allowed in sections 84.92 to 84.929, a person 
 16.28  shall not operate an all-terrain vehicle in this state: 
 16.29     (1) along or on the roadway, shoulder, or inside bank or 
 16.30  slope of a public road right-of-way other than of a trunk, 
 16.31  county state aid, or county highway; or 
 16.32     (2) in the ditch or the outside bank or slope of a trunk, 
 16.33  county state-aid, or county highway in this state unless 
 16.34  otherwise allowed in sections 84.92 to 84.929 public road 
 16.35  right-of-way, unless approved after a public hearing by the road 
 16.36  authority as defined under section 160.02, subdivision 25.  The 
 17.1   road authority may provide approval for all or part of the 
 17.2   public road right-of-way within its jurisdiction at a single 
 17.3   hearing.  
 17.4      (b) The commissioner may limit the use of a right-of-way 
 17.5   approved by a local unit of government under this subdivision 
 17.6   for a period of time if the commissioner determines that use of 
 17.7   the right-of-way causes: 
 17.8      (1) degradation of vegetation on adjacent public property; 
 17.9      (2) siltation of waters of the state; 
 17.10     (3) impairment or enhancement to the act of taking game; or 
 17.11     (4) a threat to safety of the right-of-way users or to 
 17.12  individuals on adjacent public property. 
 17.13     (b) (c) A person may operate an all-terrain vehicle 
 17.14  registered for private use and used for agricultural purposes on 
 17.15  a public road right-of-way of a trunk, county state-aid, or 
 17.16  county highway in this state if the all-terrain vehicle is 
 17.17  operated on the extreme right-hand side of the road, or if 
 17.18  necessary within the ditch area of the road, and left turns may 
 17.19  be made from any part of the road if it is safe to do so under 
 17.20  the prevailing conditions.  
 17.21     (c) (d) A person shall not operate an all-terrain vehicle 
 17.22  within the public road right-of-way of a trunk, county 
 17.23  state-aid, or county highway from April 1 to August 1 in the 
 17.24  agricultural zone unless the vehicle is being used exclusively 
 17.25  as transportation to and from work on agricultural lands.  This 
 17.26  paragraph does not apply to an agent or employee of a road 
 17.27  authority, as defined in section 160.02, subdivision 25, or the 
 17.28  department of natural resources when performing or exercising 
 17.29  official duties or powers. 
 17.30     (d) (e) A person shall not operate an all-terrain vehicle 
 17.31  within the public road right-of-way of a trunk, county 
 17.32  state-aid, or county highway between the hours of one-half hour 
 17.33  after sunset to one-half hour before sunrise, except on the 
 17.34  right-hand side of the right-of-way and in the same direction as 
 17.35  the highway traffic on the nearest lane of the adjacent roadway. 
 17.36     (e) (f) A person shall not operate an all-terrain vehicle 
 18.1   at any time within the right-of-way of an interstate highway or 
 18.2   freeway within this state. 
 18.3      [EFFECTIVE DATE.] This section is effective June 1, 2004. 
 18.4      Sec. 25.  [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.] 
 18.5      (a) This section applies to grants-in-aid for motorized 
 18.6   trail construction and maintenance under sections 84.794, 
 18.7   84.803, 84.83, and 84.927. 
 18.8      (b) If the commissioner of natural resources determines 
 18.9   that a grant-in-aid recipient has violated any federal or state 
 18.10  law or any of the terms of the grant agreement with the 
 18.11  commissioner, the commissioner may withhold all grant payments 
 18.12  for any work occurring after the date the recipient was notified 
 18.13  of the violation and may seek restitution for any property 
 18.14  damage caused by the violation. 
 18.15     Sec. 26.  [PROVISIONAL FOREST TRAIL DESIGNATION.] 
 18.16     Subdivision 1.  [PROVISIONAL TRAILS.] (a) The commissioner 
 18.17  of natural resources shall review all state forests on a 
 18.18  forest-by-forest basis and provide provisional designations for 
 18.19  trails for use by off-highway vehicles by October 31, 2005.  The 
 18.20  commissioner shall prioritize selection of state forests for 
 18.21  review based on the prospect for finding trails appropriate for 
 18.22  off-highway vehicle use, and shall ensure that at least 1,500 
 18.23  additional miles of trails are provisionally designated and 
 18.24  posted by October 31, 2005. 
 18.25     If the total mileage of the trails designated under this 
 18.26  subdivision does not exceed 1,500 miles of permanently 
 18.27  designated trails after the expiration of all provisional 
 18.28  designations, the commissioner must designate enough provisional 
 18.29  trails under this subdivision to ensure that a total with at 
 18.30  least 1,500 additional miles of permanent and provisional trails 
 18.31  are available for off-highway use.  The commissioner must 
 18.32  continue this process until at least 1,500 miles of permanently 
 18.33  designated off-highway vehicle trails are available in state 
 18.34  forests in addition to the designated trails available before 
 18.35  commencing the process under this subdivision. 
 18.36     (b) Before making a designation of a trail under this 
 19.1   subdivision, the commissioner must review the proposed 
 19.2   designation for the trail prepared by a trail designation team 
 19.3   composed of an interdisciplinary team of representatives from 
 19.4   departmental divisions. 
 19.5      (c) Until October 31, 2005, Minnesota Statutes, section 
 19.6   84.777, subdivision 1, paragraph (a), does not apply to a state 
 19.7   forest, unless the review and provisional trail designation 
 19.8   process has been completed for the forest. 
 19.9      (d) After provisional trail designations and postings are 
 19.10  completed for a state forest, Minnesota Statutes, section 
 19.11  84.777, subdivision 1, paragraph (a), applies to that forest.  
 19.12  For the purposes of Minnesota Statutes, section 84.777, 
 19.13  subdivision 1, paragraph (a), a provisional designation under 
 19.14  this subdivision is a trail specifically designated by the 
 19.15  commissioner.  A provisional trail designation expires at the 
 19.16  end of the time specified for suspension of environmental review 
 19.17  provided in subdivision 2. 
 19.18     Subd. 2.  [TEMPORARY SUSPENSION OF ENVIRONMENTAL REVIEW 
 19.19  REQUIREMENTS.] The requirements for environmental review under 
 19.20  Minnesota Statutes, section 116D.04, and rules of the 
 19.21  environmental quality board are temporarily suspended for each 
 19.22  provisional trail designation until two years have elapsed after 
 19.23  each provisional trail has been designated in a state forest.  
 19.24  If a lawsuit challenging a trail designation is commenced, the 
 19.25  running of the two-year suspension under this subdivision is 
 19.26  tolled, and the suspension remains in effect from the date the 
 19.27  lawsuit is filed until the date of dismissal or entry of final 
 19.28  judgment in the lawsuit. 
 19.29     This subdivision does not apply to a trail that is included 
 19.30  in a record of decision or court order issued before the date of 
 19.31  enactment of this act that requires environmental review for the 
 19.32  trail. 
 19.33     Subd. 3.  [RULEMAKING.] By January 1, 2006, the 
 19.34  environmental quality board shall adopt rules providing for 
 19.35  threshold levels for environmental review on recreational trails.
 19.36     [EFFECTIVE DATE.] This section is effective the day 
 20.1   following final enactment. 
 20.2      Sec. 27.  [STUDY OF OFF-HIGHWAY VEHICLE TRAILS.] 
 20.3      By October 1, 2003, the commissioner of natural resources 
 20.4   must submit a report to the chairs of the legislative committees 
 20.5   with jurisdiction over natural resources policy and finance 
 20.6   concerning the compatibility of multiple uses of the outdoor 
 20.7   recreation system.  The report must address the current and 
 20.8   future availability of recreational opportunities for 
 20.9   nonmotorized and motorized activities, and recommend legislative 
 20.10  and policy changes to preserve natural resources and to assure 
 20.11  the continued availability of outdoor recreation opportunities 
 20.12  for all residents of this state.  The report must also address 
 20.13  cost of maintenance, operation, and enforcement for the current 
 20.14  off-highway vehicle trails system, including, but not limited 
 20.15  to, how many miles of trails the department's off-highway 
 20.16  vehicle budget will support.  The report must include: 
 20.17     (1) a detailed discussion of sources of revenue for trails; 
 20.18     (2) an analysis of recent and projected expenditures from 
 20.19  the off-highway vehicle accounts; 
 20.20     (3) information regarding all other sources of revenue used 
 20.21  for off-highway vehicle purposes; and 
 20.22     (4) a current inventory of all the state forest roads and 
 20.23  access routes, including designated off-highway vehicle routes 
 20.24  and all motorized and nonmotorized trails. 
 20.25     Sec. 28.  [APPROPRIATIONS.] 
 20.26     Subdivision 1.  [TRAILS.] $1,000,000 in fiscal year 2004 
 20.27  and $600,000 in fiscal year 2005 is appropriated from the 
 20.28  natural resources fund to the commissioner of natural resources 
 20.29  for off-highway vehicle trail designation and development.  Of 
 20.30  this amount, $600,000 in fiscal year 2004 and $360,000 in fiscal 
 20.31  year 2005 is from the all-terrain vehicle account; $50,000 in 
 20.32  fiscal year 2004 and $30,000 in fiscal year 2005 is from the 
 20.33  off-highway motorcycle account; and $350,000 in fiscal year 2004 
 20.34  and $210,000 in fiscal year 2005 is from the off-road vehicle 
 20.35  account. 
 20.36     Subd. 2.  [ENFORCEMENT AND TRAINING.] $2,626,000 in fiscal 
 21.1   year 2004 and $965,000 in fiscal year 2005 is appropriated from 
 21.2   the natural resources fund to the commissioner of natural 
 21.3   resources for off-highway vehicle enforcement and training.  Of 
 21.4   this amount, $2,496,000 in fiscal year 2004 and $918,000 in 
 21.5   fiscal year 2005 is from the all-terrain vehicle account; 
 21.6   $103,000 in fiscal year 2004 and $36,000 in fiscal year 2005 is 
 21.7   from the off-highway motorcycle account; and $27,000 in fiscal 
 21.8   year 2004 and $11,000 in fiscal year 2005 is from the off-road 
 21.9   vehicle account. 
 21.10     Subd. 3.  [LOCAL ENFORCEMENT AND EDUCATION GRANTS.] 
 21.11  $200,000 in fiscal year 2004 and $200,000 in fiscal year 2005 
 21.12  are appropriated to the commissioner of natural resources from 
 21.13  the natural resources fund for grants to county law enforcement 
 21.14  agencies for off-highway vehicle enforcement and public 
 21.15  education activities based on off-highway vehicle use in the 
 21.16  county.  Of this amount, $189,000 each year is from the 
 21.17  all-terrain vehicle account, $10,000 each year is from the 
 21.18  off-highway motorcycle account, and $1,000 each year is from the 
 21.19  off-road vehicle account.  The county enforcement agencies may 
 21.20  use money received under this subdivision to make grants to 
 21.21  other local enforcement agencies within the county that have a 
 21.22  high concentration of off-highway vehicle use. 
 21.23     Subd. 4.  [OFF-HIGHWAY VEHICLE FACILITIES.] $1,000,000 in 
 21.24  fiscal year 2004 is appropriated from the natural resources fund 
 21.25  to the commissioner of natural resources for the Iron Range 
 21.26  off-highway vehicle recreation area.  Of this amount, $600,000 
 21.27  is from the all-terrain vehicle account, $350,000 is from the 
 21.28  off-road vehicle account, and $50,000 is from the off-highway 
 21.29  motorcycle account.  This appropriation is available until 
 21.30  expended. 
 21.31     Subd. 5.  [RULES DECALS.] $151,000 in fiscal year 2004 is 
 21.32  appropriated to the commissioner of natural resources from the 
 21.33  natural resources fund for the production and distribution of 
 21.34  off-highway vehicle rules decals.  Of this amount, $138,000 is 
 21.35  from the all-terrain vehicle account, $10,000 is from the 
 21.36  off-highway motorcycle account, and $3,000 is from the off-road 
 22.1   vehicle account.