SF 94

2nd Unofficial Engrossment - 80th Legislature (1997 - 1998) 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 the establishment of boundary lines; modifying 
  1.4             provisions relating to the sale of trust lands; 
  1.5             authorizing the commissioner of natural resources to 
  1.6             pay certain outstanding real estate taxes and 
  1.7             assessments; authorizing the commissioner of natural 
  1.8             resources to transfer improvements on state-owned 
  1.9             land; authorizing the commissioner of natural 
  1.10            resources to sell certain land; authorizing the 
  1.11            private sale of certain land; authorizing the sale of 
  1.12            certain surplus land for recreational purposes; 
  1.13            providing for disposition of certain lakeshore leased 
  1.14            lands; repealing authorization for the sale of state 
  1.15            land in St. Louis county; modifying snowmobile 
  1.16            registration provisions; requiring snowmobile state 
  1.17            trail permit; modifying disposition snowmobile trails 
  1.18            and enforcement account; requiring snowmobile 
  1.19            liability insurance; requiring snowmobile safety 
  1.20            certificate; establishing night speed limit for 
  1.21            snowmobiles; providing for enhancement of snowmobile 
  1.22            trail posting; requiring snowmobile information on 
  1.23            driver's license and ID cards; modifying the amount of 
  1.24            fuel tax attributable to snowmobile use; providing 
  1.25            definitions; providing criminal penalties for the 
  1.26            impaired operation of motorboats and off-road 
  1.27            recreational vehicles; modifying coroner report 
  1.28            provisions; providing for forfeiture of motorboats and 
  1.29            off-road vehicles; amending Minnesota Statutes 1996, 
  1.30            sections 84.0273; 84.82, subdivisions 2 and 3; 84.83, 
  1.31            subdivisions 3 and 5; 84.87, subdivision 2; 84.873; 
  1.32            84.91, subdivision 1; 84.911, subdivision 7; 84.927, 
  1.33            subdivision 1; 86B.331, subdivision 1; 86B.705, 
  1.34            subdivision 2; 92.06, subdivisions 1 and 4; 92.16, 
  1.35            subdivision 1; 94.10, subdivision 2; 97A.065, 
  1.36            subdivision 2; 169.01, by adding subdivisions; 
  1.37            169.121, subdivisions 1c and 11; 169.1217, subdivision 
  1.38            9; 169.123, subdivision 1; 171.07, by adding a 
  1.39            subdivision; 296.16, subdivision 1; and 609.487, by 
  1.40            adding a subdivision; proposing coding for new law in 
  1.41            Minnesota Statutes, chapters 84; 85; 92; and 94; 
  1.42            repealing Minnesota Statutes 1996, sections 84.873; 
  1.43            84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 
  1.44            84.911, subdivisions 1, 2, 3, 4, 5, and 6; 84.912; 
  1.45            84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7, 
  1.46            and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 
  2.1             9, 10, 11, and 12; and 86B.337; Laws 1995, chapter 77, 
  2.2             section 3. 
  2.3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.4                              ARTICLE 1
  2.5                        STATE LAND DISPOSITION
  2.6      Section 1.  Minnesota Statutes 1996, section 84.0273, is 
  2.7   amended to read: 
  2.8      84.0273 [CORRECTION ESTABLISHMENT OF BOUNDARY LINES 
  2.9   RELATING TO CERTAIN STATE LANDHOLDINGS.] 
  2.10     In order to correct errors in legal descriptions resolve 
  2.11  boundary line issues affecting the ownership interests of the 
  2.12  state and adjacent landowners, the commissioner of natural 
  2.13  resources may, in the name of the state upon terms the 
  2.14  commissioner deems appropriate, convey, without monetary 
  2.15  consideration, by a boundary line agreement, quitclaim deed, or 
  2.16  management agreement in such form as the attorney general 
  2.17  approves, such rights, titles, and interests of the state in 
  2.18  state lands for such rights, titles and interests in adjacent 
  2.19  lands as are necessary for the purpose of correcting legal 
  2.20  descriptions of establishing boundaries.  A notice of the 
  2.21  proposed conveyance and a brief statement of the reason therefor 
  2.22  shall be published once in the State Register by the 
  2.23  commissioner between 15 and 30 days prior to conveyance.  The 
  2.24  provisions of this section are not intended to replace or 
  2.25  supersede laws relating to land exchange or disposal of surplus 
  2.26  state property. 
  2.27     Sec. 2.  Minnesota Statutes 1996, section 92.06, 
  2.28  subdivision 1, is amended to read: 
  2.29     Subdivision 1.  [TERMS.] (a) The terms of payment on the 
  2.30  sale of state public lands must be as follows:  The purchaser 
  2.31  shall pay in cash at the time of sale the appraised value of all 
  2.32  timber and costs determined by the commissioner to be associated 
  2.33  with the sale including survey, appraisal, publication, deed 
  2.34  tax, filing fee, and similar costs.  At least 15 percent of the 
  2.35  purchase price of the land exclusive of timber and associated 
  2.36  costs must be paid in cash at the time of sale.  The balance of 
  3.1   the purchase price must be paid in no more than 20 equal annual 
  3.2   installments.  Payments must be made by June 1 each year 
  3.3   following the year in which the purchase was made, with interest 
  3.4   at the rate in effect at the time of sale, calculated under this 
  3.5   subdivision, on the unpaid balances.  Any installment of 
  3.6   principal or interest may be paid in advance, but part payment 
  3.7   of an installment will not be accepted.  For the purpose of 
  3.8   computing interest, any installment of principal not paid on 
  3.9   June 1 shall be credited on the following June 1.  The purchaser 
  3.10  may pay the balance due on a sale within 30 days of the sale 
  3.11  with no interest due. 
  3.12     (b) Interest on unpaid balances must be computed as annual 
  3.13  simple interest.  The rate of interest must be based on average 
  3.14  effective interest rates on mortgage loans as provided in 
  3.15  paragraph (c). 
  3.16     (c) On or before December 31 of each year, the commissioner 
  3.17  of natural resources shall determine the rate from the average 
  3.18  effective interest rate on loans closed using the office of 
  3.19  thrift supervision series, formerly the federal home loan bank 
  3.20  board series, or its successor agency, for the most recent 
  3.21  calendar month, reported on a monthly basis in the latest 
  3.22  statistical release of the board of governors of the federal 
  3.23  reserve system.  This yield, rounded to the nearest quarter of 
  3.24  one percent, is the annual interest rate for sales of state land 
  3.25  during the succeeding calendar year. 
  3.26     (d) For state land sales in calendar year 1993 after July 
  3.27  1, 1993, the rate is eight percent, which is the September 1992 
  3.28  average from the office of thrift supervision series, rounded to 
  3.29  the nearest quarter of one percent. 
  3.30     Sec. 3.  Minnesota Statutes 1996, section 92.06, 
  3.31  subdivision 4, is amended to read: 
  3.32     Subd. 4.  [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a 
  3.33  person has made improvements to the land and if:  (1) the 
  3.34  commissioner believes that person settled the land in good faith 
  3.35  as homestead land under the laws of the United States before it 
  3.36  was certified to the state, or if (2) the improvements were 
  4.1   lawfully made by that person as a lessee of the state, or (3) 
  4.2   the commissioner determines, based on clear and convincing 
  4.3   evidence provided by the person, that the improvements were made 
  4.4   by the person as an inadvertent trespasser, then the value of 
  4.5   the improvements must be separately appraised and, if the 
  4.6   settler or, lessee, or inadvertent trespasser purchases the 
  4.7   land, the settler or, lessee, or inadvertent trespasser is not 
  4.8   required to pay for the improvements.  If another person 
  4.9   purchases the land, that person must pay the owner of the 
  4.10  improvements, in addition to all other required payments, the 
  4.11  appraised amount for the improvements.  Payment for improvements 
  4.12  must be made within 15 days of the auction sale, either in cash 
  4.13  or upon terms and conditions agreeable to the owner of the 
  4.14  improvements.  If payment for improvements is not made in cash, 
  4.15  and if there is no agreement between the parties within 15 days 
  4.16  of the auction sale, the commissioner may: 
  4.17     (1) sell the property to the second highest qualified 
  4.18  bidder if that bidder submitted to the commissioner's 
  4.19  representative, at the auction sale, a written request to buy 
  4.20  the property at a specified price; or 
  4.21     (2) void the sale and reoffer the property at a subsequent 
  4.22  sale. 
  4.23     This subdivision does not apply unless the owner of the 
  4.24  improvements makes a verified application to the commissioner 
  4.25  showing entitlement to the improvements before the first state 
  4.26  public sale at which the land is offered for sale.  The 
  4.27  applicant must appear at the sale and offer to purchase the land 
  4.28  for at least its appraised value including all timber on it, and 
  4.29  make the purchase if no higher bid is received.  Actions or 
  4.30  other proceedings involving the land in question begun before 
  4.31  the sale must have been completed. 
  4.32     Sec. 4.  Minnesota Statutes 1996, section 92.16, 
  4.33  subdivision 1, is amended to read: 
  4.34     Subdivision 1.  [CONTENTS; DEFAULT, RESALE.] At the time of 
  4.35  the sale the commissioner shall execute, acknowledge, and 
  4.36  deliver to the purchaser a certificate of sale, numbered and 
  5.1   made assignable, certifying the description of the land sold, 
  5.2   its quantity, the price per acre, the consideration paid and to 
  5.3   be paid, and the time and terms of payment.  A certificate must 
  5.4   not be delivered until the sum required by law to be paid at the 
  5.5   time of the sale is paid.  The sum includes costs determined by 
  5.6   the commissioner to be associated with the sale such as survey, 
  5.7   appraisal, publication, deed tax, filing fee, and similar 
  5.8   costs.  If the purchaser fails to pay the sum, the commissioner 
  5.9   may immediately reoffer the land for sale, but a bid may not be 
  5.10  accepted from the person failing to pay the original offer.  If 
  5.11  the purchaser pays in full at the time of sale, the commissioner 
  5.12  is not required to issue a certificate of sale. 
  5.13     Sec. 5.  [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.] 
  5.14     Subdivision 1.  [CANCELLATION OF CERTIFICATE OF SALE.] If 
  5.15  the state acquires an interest in real property prior to the 
  5.16  cancellation of a certificate of sale or upon completion of the 
  5.17  cancellation process by advertisement or court order, the state 
  5.18  must make provision to pay all taxes, interests, costs, 
  5.19  penalties, and assessments.  The commissioner of natural 
  5.20  resources must request the certificate of sale vendee to make a 
  5.21  good faith attempt to pay the debt.  If the commissioner 
  5.22  determines that the vendee is unwilling or unable to pay the 
  5.23  debt, the commissioner may pay the debt and seek redress against 
  5.24  the vendee. 
  5.25     Subd. 2.  [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a 
  5.26  grantee on a certificate of sale or state deed desires the state 
  5.27  to exercise its reversionary interest in real property, the 
  5.28  grantee must pay all real estate taxes, costs, interest, 
  5.29  penalties, and assessments on the property prior to reversion. 
  5.30     (b) If a grantee on a certificate of sale or state deed 
  5.31  breaches the contractual terms of the certificate or deed, the 
  5.32  commissioner of natural resources must request the grantee to 
  5.33  make a good faith attempt to pay all real estate taxes, costs, 
  5.34  interest, penalties, and assessments on the property prior to 
  5.35  reversion.  If the commissioner determines that the grantee is 
  5.36  unwilling or unable to pay the debt, the commissioner may pay 
  6.1   the debt and seek redress against the grantee. 
  6.2      Sec. 6.  Minnesota Statutes 1996, section 94.10, 
  6.3   subdivision 2, is amended to read: 
  6.4      Subd. 2.  (a) Lands certified as surplus by the head of a 
  6.5   department or agency other than the department of natural 
  6.6   resources shall be offered for public sale by the commissioner 
  6.7   of administration as provided in this paragraph.  After 
  6.8   complying with subdivision 1 and before any public sale of 
  6.9   surplus state-owned land is made, the commissioner of 
  6.10  administration shall publish a notice thereof at least once in 
  6.11  each week for four successive weeks in a legal newspaper and 
  6.12  also in a newspaper of general distribution in the city or 
  6.13  county in which the real property to be sold is situated, which 
  6.14  notice shall specify the time and place at which the sale will 
  6.15  commence, a general description of the lots or tracts to be 
  6.16  offered, and a general statement of the terms of sale.  Each 
  6.17  tract or lot shall be sold separately and shall be sold for not 
  6.18  less than the appraised value thereof.  Parcels remaining unsold 
  6.19  after the offering may be sold to anyone agreeing to pay the 
  6.20  appraised value thereof.  The sale shall continue until all 
  6.21  parcels are sold or until the commissioner orders a reappraisal 
  6.22  or withdraws the remaining parcels from sale.  
  6.23     (b) Lands certified as surplus by the commissioner of 
  6.24  natural resources shall be offered for public sale by the 
  6.25  commissioner of natural resources in the manner provided in 
  6.26  paragraph (a) for sales by the commissioner of administration. 
  6.27     (c) Except as provided in section 94.11, the cost of any 
  6.28  survey or appraisal as provided in subdivision 1 shall be added 
  6.29  to and made a part of the appraised value of the lands to be 
  6.30  sold, whether to any political subdivision of the state or to a 
  6.31  private purchaser as provided in this subdivision.  
  6.32     Sec. 7.  [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.] 
  6.33     The commissioner may sell or transfer an improvement 
  6.34  located on state-owned lands, the compensation for which shall 
  6.35  be determined by the commissioner.  The sale or transfer shall 
  6.36  be accomplished by a bill of sale, describing the improvement 
  7.1   transferred and the terms and conditions of the sale or transfer.
  7.2   Proceeds resulting from the sale or transfer must be deposited 
  7.3   in the state treasury and credited to the land acquisition 
  7.4   account established in section 94.165. 
  7.5      Sec. 8.  [SALE OF STATE FOREST LAND.] 
  7.6      (a) Notwithstanding Minnesota Statutes, section 89.01, 
  7.7   subdivision 5, the commissioner of natural resources may sell 
  7.8   school trust and acquired state land in the Richard J. Dorer 
  7.9   Memorial Hardwood State Forest described in this section in the 
  7.10  manner for sale of trust fund and acquired lands under Minnesota 
  7.11  Statutes, chapter 92 or 94. 
  7.12     (b) The land that may be sold is described as follows: 
  7.13     (1) Township 110 North, Range 12 West, Section 28, the 
  7.14  Southeast Quarter of the Southwest Quarter containing 40 acres 
  7.15  more or less and the Southwest Quarter of the Southeast Quarter 
  7.16  containing 40 acres more or less, in Wabasha County; 
  7.17     (2) Township 107 North, Range 8 West, Section 16, the 
  7.18  Northeast Quarter of the Southeast Quarter containing 40 acres 
  7.19  more or less, the Southwest Quarter of the Southeast Quarter 
  7.20  containing 40 acres more or less, in Winona County; 
  7.21     (3) Township 106 North, Range 5 West, Section 30, the 
  7.22  Southeast Quarter of the Southeast Quarter containing 40 acres 
  7.23  more or less, in Winona County; 
  7.24     (4) Township 106 North, Range 6 West, Section 36, the 
  7.25  Northeast Quarter of the Southeast Quarter containing 40 acres 
  7.26  more or less, in Winona County; and 
  7.27     (5) Township 104 North, Range 6 West, Section 6, the 
  7.28  Southwest Quarter of the Northwest Quarter containing 38.28 
  7.29  acres more or less, in Houston County. 
  7.30     Sec. 9.  [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.] 
  7.31     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
  7.32  commissioner of natural resources may sell the state trust fund 
  7.33  land bordering on public waters described in paragraph (c) in 
  7.34  accordance with the procedures in Minnesota Statutes, chapter 92.
  7.35     (b) The conveyance shall be in a form approved by the 
  7.36  attorney general. 
  8.1      (c) The land that may be sold is located in Hubbard County 
  8.2   and is described as:  that part of the Southeast Quarter of the 
  8.3   Southeast Quarter of Section 8, Township 144 North, Range 32 
  8.4   West, Hubbard County, Minnesota, lying easterly of the Necktie 
  8.5   River and northerly of the centerline of county state-aid 
  8.6   highway No. 16, containing up to 5 acres, more or less. 
  8.7      (d) The sale will result in the elimination of a trespass 
  8.8   situation with the adjacent landowner who built a house on the 
  8.9   property in 1989. 
  8.10     Sec. 10.  [SALE OF STATE LAND IN OTTER TAIL COUNTY.] 
  8.11     (a) Notwithstanding the public sale requirements of 
  8.12  Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
  8.13  of natural resources may sell by private sale, for a 
  8.14  consideration not less than its appraised value, the land 
  8.15  described in paragraph (c), under the remaining provisions of 
  8.16  Minnesota Statutes, chapter 94. 
  8.17     (b) The conveyance shall be in a form approved by the 
  8.18  attorney general. 
  8.19     (c) The land that may be sold is located in Otter Tail 
  8.20  County and is described as:  all that part of the Southwest 
  8.21  Quarter of the Southeast Quarter of Section 22, Township 137, 
  8.22  Range 42, Otter Tail County, Minnesota described as follows:  
  8.23  beginning at the South Quarter corner of said Section 22; thence 
  8.24  on an assumed bearing of North 0 degrees 31 minutes 36 seconds 
  8.25  East along the west line of said Southwest Quarter of the 
  8.26  Southeast Quarter, a distance of 442.58 feet; thence South 19 
  8.27  degrees 29 minutes 47 seconds East a distance of 108.74 feet; 
  8.28  thence southeasterly on a tangential curve, concave to the 
  8.29  northeast, having a radius of 498.22 feet and a central angle of 
  8.30  69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 
  8.31  feet to the easterly line of a tract of land described in Book 
  8.32  392 of Deeds, page 509, Office of the Otter Tail County 
  8.33  Recorder; thence South 10 degrees 03 minutes 49 seconds West 
  8.34  along said easterly line, a distance of 14.18 feet to the 
  8.35  southeast corner of said tract of land described in Book 392 of 
  8.36  Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds 
  9.1   West along the south line of said Section 22, a distance of 
  9.2   500.80 feet to the point of beginning, containing 1.44 acres 
  9.3   more or less, subject to easements and reservations of public 
  9.4   record, if any.  The grantor, for itself, its successors and 
  9.5   assigns, reserves an easement for use and maintenance of the 
  9.6   existing ditch over and across the above described parcel, being 
  9.7   a strip of land 33 feet in width lying 16.5 feet on each side of 
  9.8   the centerline of the existing ditch running in a southwesterly 
  9.9   direction from the township road to the west line of said 
  9.10  Southwest Quarter of the Southeast Quarter. 
  9.11     (d) The commissioner has determined that the land is no 
  9.12  longer useful for any natural resource purpose, or any other 
  9.13  public purpose, and intends to sell this unneeded land to the 
  9.14  adjoining landowner to resolve an inadvertent trespass. 
  9.15     Sec. 11.  [SALE OF STATE LAND IN CROW WING COUNTY.] 
  9.16     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
  9.17  commissioner of natural resources may sell acquired state land 
  9.18  bordering public waters described in this section in accordance 
  9.19  with Minnesota Statutes, section 85.015, subdivision 1, 
  9.20  paragraph (b), and chapter 94. 
  9.21     (b) The land that may be sold is located in Crow Wing 
  9.22  County and is described as follows: 
  9.23     (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa 
  9.24  Addition; and 
  9.25     (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa 
  9.26  Addition. 
  9.27     Sec. 12.  [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES 
  9.28  IN PINE COUNTY.] 
  9.29     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
  9.30  commissioner of natural resources may sell the land described in 
  9.31  paragraph (b) to the city of Willow River in the manner 
  9.32  prescribed by Minnesota Statutes, section 84.027, subdivision 
  9.33  10.  The conveyance must provide that the land revert to the 
  9.34  state of Minnesota should the land cease to be retained and 
  9.35  developed as Stanton Lake Park for public use. 
  9.36     (b) The land that may be sold is located in Pine county and 
 10.1   described as: 
 10.2      All that part of the following described tract:  that part 
 10.3   of the Northeast Quarter of the Southwest Quarter of Section 2, 
 10.4   Township 44 North, Range 20 West, of the Fourth Principal 
 10.5   Meridian, situated in Pine County, described as follows:  
 10.6   beginning at a point on the east and west one quarter line of 
 10.7   Section 2 at the intersection with the easterly right-of-way 
 10.8   line of U.S. Highway No. 61; thence in a southerly direction 
 10.9   along said easterly right-of-way line of U.S. Highway No. 61 a 
 10.10  distance of 695 feet; thence in a northeasterly direction at an 
 10.11  angle of 60 degrees with the U.S. Highway No. 61 right-of-way 
 10.12  line for a distance of 410 feet to a point on the lake bank; 
 10.13  thence in a northeasterly direction at an angle of 153 degrees 
 10.14  35 minutes with the preceding line to the intersection with the 
 10.15  east and west one quarter line of Section 2, thence in a 
 10.16  westerly direction along said east and west one quarter line of 
 10.17  Section 2 to point of beginning, containing 5.81 acres, more or 
 10.18  less.  
 10.19     (c) This property was purchased for development of the 
 10.20  Stanton Lake dam.  The state, its agents, and servants shall 
 10.21  retain ownership of the dam and retain perpetual access to the 
 10.22  dam via the existing road for the purposes of inspection, 
 10.23  maintenance, repair, or reconstruction.  The state shall not be 
 10.24  held liable to make any immediate repairs on the dam.  Such work 
 10.25  shall be based on availability of dam maintenance funds.  The 
 10.26  land in this section is not needed for resource management and 
 10.27  has been declared surplus.  It best serves the public interest 
 10.28  if this property is sold and proceeds used for acquisition of 
 10.29  other land. 
 10.30     Sec. 13.  [HORSESHOE BAY LEASES.] 
 10.31     Subdivision 1.  [DEFINITIONS.] (a) "Lessee" means a lessee 
 10.32  of lands leased under Minnesota Statutes, section 92.46, that 
 10.33  are located in Section 16, Township 62 North, Range 4 East, Cook 
 10.34  County, of record with the commissioner of natural resources as 
 10.35  of May 14, 1993. 
 10.36     (b) "New lease" means a lease issued after the effective 
 11.1   date of this act under the terms and conditions specified in 
 11.2   Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, 
 11.3   except that the lease may be for a life term and is not 
 11.4   assignable or transferable and may not be amended to include 
 11.5   additional lessees. 
 11.6      Subd. 2.  [OPTIONS FOR LESSEES.] (a) If requested in 
 11.7   writing by a lessee before January 1, 1998, the commissioner 
 11.8   shall, at the lessee's option: 
 11.9      (1) pay to the lessee the appraised value of the lessee's 
 11.10  improvements on the land and terminate the existing lease as of 
 11.11  the date of payment for improvements; or 
 11.12     (2) issue a new lease for the life of the lessee that 
 11.13  provides that when the lease term expires, the commissioner 
 11.14  shall pay to the lessee or a beneficiary that must be designated 
 11.15  in writing by the lessee the appraised value of the lessee's 
 11.16  improvements on the land.  A lessee who elects this option may 
 11.17  elect to terminate the lease at any time during the term of the 
 11.18  lease in exchange for payment by the commissioner for the 
 11.19  appraised value of the lessee's improvements on the land. 
 11.20     (b) If the commissioner has not received written notice of 
 11.21  a lessee's election by January 1, 1998, the commissioner may 
 11.22  proceed under paragraph (a), clause (1). 
 11.23     (c) After the effective date of this section, no lessee 
 11.24  under paragraph (a), clause (2), shall construct or enlarge a 
 11.25  cabin or other structure during the lease. 
 11.26     (d) The commissioner may use money appropriated from the 
 11.27  land acquisition account under Minnesota Statutes, section 
 11.28  94.165, for payments under paragraph (a). 
 11.29     Sec. 14.  [PRIVATE SALE OF STATE LAND IN CLEARWATER 
 11.30  COUNTY.] 
 11.31     (a) Notwithstanding Minnesota Statutes, sections 92.45; 
 11.32  97A.135, subdivision 2a; and 282.01, subdivision 2; and the 
 11.33  public sale provisions of Minnesota Statutes, chapter 94, the 
 11.34  commissioner of natural resources may sell the land described in 
 11.35  paragraph (c) to the adjoining landowner for $1,000. 
 11.36     (b) The conveyance must be in a form approved by the 
 12.1   attorney general and must provide that: 
 12.2      (1) the land may not be sold for commercial use or be 
 12.3   developed into more than a two-family residence; and 
 12.4      (2) placement or construction of additional buildings or 
 12.5   structures on the land, including corrals and animal shelters or 
 12.6   pens, is prohibited. 
 12.7      (c) The land that may be sold is located in Clearwater 
 12.8   county and is described as follows: 
 12.9      That part of Government Lot 6, Section 18, Township 143 
 12.10  North, Range 37 West, Clearwater County, Minnesota, described as 
 12.11  follows: 
 12.12     Beginning at the northeast corner of Lot 1 Block 1 of 
 12.13  HIGHLAND VIEW, on file and of record in the office of the County 
 12.14  Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped 
 12.15  MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line 
 12.16  of said Lot 1 bears, assumed bearing, North 88 degrees 57 
 12.17  minutes 39 seconds West; thence North 80 degrees 50 minutes 33 
 12.18  seconds West 275.16 feet to a DNR MON; thence North 85 degrees 
 12.19  25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 
 12.20  50 degrees 06 minutes 54 seconds West 68.17 feet to the north 
 12.21  line of said Lot 1 and a DNR MON; thence South 88 degrees 57 
 12.22  minutes 39 seconds East along the north line of said Lot 1 a 
 12.23  distance of 417.62 feet to the point of beginning, containing 
 12.24  0.23 acres. 
 12.25     (d) The sale authorized by this section would resolve an 
 12.26  inadvertent trespass consisting of the encroachment of a private 
 12.27  dwelling on state land. 
 12.28     (e) The sale authorized by this section is subject to the 
 12.29  following additional conditions: 
 12.30     (1) the costs of construction and maintenance of a boundary 
 12.31  fence are the sole responsibility of the purchaser; and 
 12.32     (2) the adjoining landowner shall reimburse the department 
 12.33  of natural resources for the cost of surveying the land and for 
 12.34  time spent by department staff relating to this land trespass 
 12.35  matter. 
 12.36     Sec. 15.  [REPEALER.] 
 13.1      Laws 1995, chapter 77, section 3, is repealed. 
 13.2      Sec. 16.  [EFFECTIVE DATE.] 
 13.3      Sections 3 and 8 to 15 are effective the day following 
 13.4   final enactment. 
 13.5                              ARTICLE 2
 13.6                          SNOWMOBILE SAFETY 
 13.7      Section 1.  Minnesota Statutes 1996, section 84.82, 
 13.8   subdivision 2, is amended to read: 
 13.9      Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
 13.10  (a) Application for registration or reregistration shall be made 
 13.11  to the commissioner of natural resources, or the commissioner of 
 13.12  public safety or an authorized deputy registrar of motor 
 13.13  vehicles in such form as the commissioner of public safety shall 
 13.14  prescribe, and shall state the legal name and address of every 
 13.15  owner of the snowmobile and be signed by at least one owner.  
 13.16     (b) A person who purchases a snowmobile from a retail 
 13.17  dealer shall make application for registration to the dealer at 
 13.18  the point of sale.  The dealer shall issue a temporary 
 13.19  registration permit to each purchaser who applies to the dealer 
 13.20  for registration.  The temporary registration is valid for 60 
 13.21  days from the date of issue.  Each retail dealer shall submit 
 13.22  completed registration and fees to the deputy registrar at least 
 13.23  once a week.  Upon receipt of the application and the 
 13.24  appropriate fee as hereinafter provided, such snowmobile shall 
 13.25  be registered and a registration number assigned which shall be 
 13.26  affixed to the snowmobile in such a clearly visible and 
 13.27  permanent manner for enforcement purposes as the commissioner of 
 13.28  natural resources shall prescribe. 
 13.29     (c) Each deputy registrar of motor vehicles acting pursuant 
 13.30  to section 168.33, shall also be a deputy registrar of 
 13.31  snowmobiles.  The commissioner of natural resources in agreement 
 13.32  with the commissioner of public safety may prescribe the 
 13.33  accounting and procedural requirements necessary to assure 
 13.34  efficient handling of registrations and registration fees.  
 13.35  Deputy registrars shall strictly comply with these accounting 
 13.36  and procedural requirements.  
 14.1      (d) A fee of $2 in addition to that otherwise prescribed by 
 14.2   law shall be charged for: 
 14.3      (1) each snowmobile registered by the registrar or a deputy 
 14.4   registrar and the additional fee shall be disposed of in the 
 14.5   manner provided in section 168.33, subdivision 2; or 
 14.6      (2) each snowmobile registered by the commissioner and the 
 14.7   additional fee shall be deposited in the state treasury and 
 14.8   credited to the snowmobile trails and enforcement account in the 
 14.9   natural resources fund.  
 14.10     Sec. 2.  Minnesota Statutes 1996, section 84.82, 
 14.11  subdivision 3, is amended to read: 
 14.12     Subd. 3.  [FEES FOR REGISTRATION.] (a) The fee for 
 14.13  registration of each snowmobile, other than those used for an 
 14.14  agricultural purpose, as defined in section 84.92, subdivision 
 14.15  1c, or those registered by a dealer or manufacturer pursuant to 
 14.16  clause (b) or (c) shall be as follows:  $30 $45 for three years 
 14.17  and $4 for a duplicate or transfer. 
 14.18     (b) The total registration fee for all snowmobiles owned by 
 14.19  a dealer and operated for demonstration or testing purposes 
 14.20  shall be $50 per year. 
 14.21     (c) The total registration fee for all snowmobiles owned by 
 14.22  a manufacturer and operated for research, testing, 
 14.23  experimentation, or demonstration purposes shall be $150 per 
 14.24  year.  Dealer and manufacturer registrations are not 
 14.25  transferable. 
 14.26     Sec. 3.  [84.8205] [SNOWMOBILE STATE TRAIL PERMIT.] 
 14.27     No snowmobile shall be operated on a state recreational 
 14.28  snowmobile trail unless the snowmobile operator has in 
 14.29  possession a snowmobile state trail permit.  The commissioner of 
 14.30  natural resources shall issue a permit upon application and 
 14.31  payment of a $10 fee.  The permit is valid for the calendar year 
 14.32  in which it is issued.  Fees collected under this section shall 
 14.33  be deposited in the state treasury and credited to the 
 14.34  snowmobile trails and enforcement account in the natural 
 14.35  resources fund. 
 14.36     Sec. 4.  Minnesota Statutes 1996, section 84.83, 
 15.1   subdivision 3, is amended to read: 
 15.2      Subd. 3.  [PURPOSES FOR THE ACCOUNT.] (a) The money 
 15.3   deposited in the account and interest earned on that money may 
 15.4   be expended only as appropriated by law for in the 
 15.5   following purposes manner:  
 15.6      (1) 50 percent annually for a grant-in-aid program to 
 15.7   counties and municipalities for construction and, maintenance, 
 15.8   and safety posting of snowmobile trails, of which 40 percent is 
 15.9   for construction, trail grooming, and lease clarification, and 
 15.10  no less than ten percent is for nongrooming trail safety 
 15.11  improvements and snowmobile safety education; 
 15.12     (2) 25 percent annually for acquisition, development, and 
 15.13  maintenance, and administration of state recreational snowmobile 
 15.14  trails; 
 15.15     (3) for snowmobile safety programs; and 
 15.16     (4) (3) 25 percent annually for the administration and 
 15.17  enforcement of sections 84.81 to 84.90 snowmobile enforcement 
 15.18  and safety education.  The commissioner shall make grants to 
 15.19  local law enforcement agencies for snowmobile enforcement 
 15.20  purposes, as requested. 
 15.21     (b) The grant-in-aid money in paragraph (a), clause (1), 
 15.22  must be prorated to local governments based on the miles of 
 15.23  snowmobile trails that are located in each jurisdiction.  
 15.24     Sec. 5.  [84.861] [LIABILITY INSURANCE REQUIRED.] 
 15.25     Subdivision 1.  [REQUIREMENT.] An owner of a snowmobile 
 15.26  must obtain and maintain liability insurance that meets the 
 15.27  requirements of this section.  The liability insurance may be a 
 15.28  separate snowmobile policy or a rider to another type of policy. 
 15.29  For purposes of this section, "policy" means coverage provided 
 15.30  in either form. 
 15.31     Subd. 2.  [REQUIRED PROVISIONS.] A snowmobile liability 
 15.32  insurance policy required under subdivision 1 shall, at a 
 15.33  minimum: 
 15.34     (1) state the name and address of the named insured, the 
 15.35  name and address of the insurer, the policy number, the coverage 
 15.36  provided by the policy, the premium charged, the term, the 
 16.1   limits of liability, the snowmobile maker's permanent 
 16.2   identification number if the snowmobile has one, and the 
 16.3   snowmobile's registration number; 
 16.4      (2) state that the coverage meets at least the minimum 
 16.5   requirements of this section; 
 16.6      (3) have stated limits of liability, exclusive of interest 
 16.7   and costs, with respect to each snowmobile that the policy 
 16.8   covers, of not less than $30,000 for bodily injury to one person 
 16.9   in any one accident and, subject to that limit for one person, 
 16.10  of not less than $60,000 for bodily injury to two or more 
 16.11  persons in any one accident; and 
 16.12     (4) obligate the insurer to pay, on behalf of the insured 
 16.13  or anyone else using the snowmobile with the owner's permission, 
 16.14  amounts that the insured or other user is legally obligated to 
 16.15  pay as damages for bodily injury arising out of the ownership, 
 16.16  maintenance, or use of a snowmobile if the injury occurs within 
 16.17  the United States or Canada. 
 16.18     Subd. 3.  [PROOF OF INSURANCE REQUIRED.] (a) A snowmobile 
 16.19  registration or title transfer shall not be granted unless the 
 16.20  owner displays proof of insurance under this section at the time 
 16.21  of application. 
 16.22     (b) A snowmobile user shall have proof of insurance in 
 16.23  possession at all times while using the snowmobile and shall 
 16.24  display it on demand of a conservation officer of the department 
 16.25  of natural resources or other peace officer as defined in 
 16.26  section 626.84. 
 16.27     Subd. 4.  [SEASONAL COVERAGE PERMITTED.] This section does 
 16.28  not require liability coverage to be in effect for the period 
 16.29  between April 15 to October 15. 
 16.30     Subd. 5.  [NONCONFORMING COVERAGE PROHIBITED.] No policy 
 16.31  covering a snowmobile, including a policy providing only 
 16.32  property insurance, shall be issued or renewed to cover any 
 16.33  period between October 15 and April 15 unless the policy 
 16.34  provides liability insurance as required under this section. 
 16.35     Subd. 6.  [ENFORCEMENT.] This section shall be interpreted 
 16.36  and enforced in the same manner as the mandatory automobile and 
 17.1   motorcycle liability insurance requirement to the maximum extent 
 17.2   appropriate. 
 17.3      Subd. 7.  [PENALTIES.] (a) Violation of subdivision 1 or of 
 17.4   subdivision 3, paragraph (b), is a misdemeanor. 
 17.5      (b) Upon conviction for a violation referred to in 
 17.6   paragraph (a), the owner's registration shall be revoked and the 
 17.7   owner is ineligible to reregister any snowmobile for the next 60 
 17.8   days that fall between October 15 and April 15. 
 17.9      Sec. 6.  [84.862] [SNOWMOBILE SAFETY CERTIFICATE REQUIRED.] 
 17.10     By October 1, 1999, snowmobile operators born after 1950 
 17.11  must have completed the safety education and training course 
 17.12  established in section 84.86 and must have in possession a 
 17.13  snowmobile safety certificate issued by the commissioner. 
 17.14     Sec. 7.  Minnesota Statutes 1996, section 84.87, 
 17.15  subdivision 2, is amended to read: 
 17.16     Subd. 2.  [OPERATION GENERALLY.] It shall be unlawful for 
 17.17  any person to drive or operate any snowmobile in the following 
 17.18  unsafe or harassing ways: 
 17.19     (a) (1) at a rate of speed greater than reasonable or 
 17.20  proper under all the surrounding circumstances; 
 17.21     (b) (2) in a careless, reckless or negligent manner so as 
 17.22  to endanger the person or property of another or to cause injury 
 17.23  or damage thereto; 
 17.24     (c) (3) without a lighted head and taillight when required 
 17.25  for safety; 
 17.26     (d) (4) in any tree nursery or planting in a manner which 
 17.27  damages or destroys growing stock; or 
 17.28     (5) at a speed in excess of 40 miles per hour after sunset 
 17.29  and before sunrise. 
 17.30     Sec. 8.  Minnesota Statutes 1996, section 84.873, is 
 17.31  amended to read: 
 17.32     84.873 [SIGNAL FROM OFFICER TO STOP.] 
 17.33     It is unlawful for a snowmobile operator, after having 
 17.34  received a visual or audible signal from any law enforcement 
 17.35  officer to come to a stop, to (a) (1) operate a snowmobile in 
 17.36  willful or wanton disregard of such signal, or (b) (2) interfere 
 18.1   with or endanger the law enforcement officer or any other person 
 18.2   or vehicle, or (c) increase speed or attempt to flee or elude 
 18.3   the officer.  
 18.4      Sec. 9.  [85.0185] [SNOWMOBILE TRAIL POSTING.] 
 18.5      The commissioner of natural resources shall set standards 
 18.6   for posting grant-in-aid and state recreational snowmobile 
 18.7   trails.  A recipient of a state grant-in-aid recreational 
 18.8   snowmobile trail is encouraged to improve snowmobile safety 
 18.9   posting under standards of the commissioner. 
 18.10     Sec. 10.  Minnesota Statutes 1996, section 171.07, is 
 18.11  amended by adding a subdivision to read: 
 18.12     Subd. 12.  [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 
 18.13  department shall maintain in its records information transmitted 
 18.14  electronically from the commissioner of natural resources 
 18.15  identifying each person to whom the commissioner has issued a 
 18.16  snowmobile safety certificate. 
 18.17     (b) After receiving information under paragraph (a) that a 
 18.18  person has received a snowmobile safety certificate, the 
 18.19  department shall include, on all driver's licenses or Minnesota 
 18.20  identification cards subsequently issued to the person, a 
 18.21  graphic or written indication that the person has received the 
 18.22  certificate. 
 18.23     (c) If a person who has received a snowmobile safety 
 18.24  certificate applies for a driver's license or Minnesota 
 18.25  identification card before that information has been transmitted 
 18.26  to the department, the department may accept a copy of the 
 18.27  certificate as proof of its issuance and shall then follow the 
 18.28  procedures in paragraph (b). 
 18.29     Sec. 11.  Minnesota Statutes 1996, section 296.16, 
 18.30  subdivision 1, is amended to read: 
 18.31     Subdivision 1.  [INTENT; GASOLINE USE.] All gasoline 
 18.32  received in this state and all gasoline produced in or brought 
 18.33  into this state except aviation gasoline and marine gasoline 
 18.34  shall be determined to be intended for use in motor vehicles in 
 18.35  this state. 
 18.36     Approximately 1-1/2 percent of all gasoline received in 
 19.1   this state and 1-1/2 percent of all gasoline produced or brought 
 19.2   into this state, except gasoline used for aviation purposes, is 
 19.3   being used as fuel for the operation of motorboats on the waters 
 19.4   of this state and of the total revenue derived from the 
 19.5   imposition of the gasoline fuel tax for uses other than for 
 19.6   aviation purposes, 1-1/2 percent of such revenues is the amount 
 19.7   of tax on fuel used in motorboats operated on the waters of this 
 19.8   state.  
 19.9      Approximately three-fourths of one percent in fiscal year 
 19.10  1998, and three-fourths of one percent thereafter, of all 
 19.11  gasoline received in and produced or brought into this state, 
 19.12  except gasoline used for aviation purposes, is being used as 
 19.13  fuel for the operation of snowmobiles in this state, and of the 
 19.14  total revenue derived from the imposition of the gasoline fuel 
 19.15  tax for uses other than for aviation purposes, three-fourths of 
 19.16  one percent in fiscal year 1998, and three-fourths of one 
 19.17  percent thereafter, of such revenues is the amount of tax on 
 19.18  fuel used in snowmobiles operated in this state. 
 19.19     Approximately 0.15 of one percent of all gasoline received 
 19.20  in or produced or brought into this state, except gasoline used 
 19.21  for aviation purposes, is being used for the operation of 
 19.22  all-terrain vehicles in this state, and of the total revenue 
 19.23  derived from the imposition of the gasoline fuel tax, 0.15 of 
 19.24  one percent is the amount of tax on fuel used in all-terrain 
 19.25  vehicles operated in this state. 
 19.26     Approximately 0.046 of one percent of all gasoline received 
 19.27  or produced in or brought into this state, except gasoline used 
 19.28  for aviation purposes, is being used for the operation of 
 19.29  off-highway motorcycles in this state, and of the total revenue 
 19.30  derived from the imposition of the gasoline fuel tax for uses 
 19.31  other than for aviation purposes, 0.046 of one percent is the 
 19.32  amount of tax on fuel used in off-highway motorcycles operated 
 19.33  in this state. 
 19.34     Approximately .164 of one percent of all gasoline received 
 19.35  or produced in or brought into this state, except gasoline used 
 19.36  for aviation purposes, is being used for the off-road operation 
 20.1   of off-road vehicles, as defined in section 84.797, in this 
 20.2   state, and of the total revenue derived from the imposition of 
 20.3   the gasoline fuel tax for uses other than aviation purposes, 
 20.4   .164 of one percent is the amount of tax on fuel used for 
 20.5   off-road operation of off-road vehicles in this state. 
 20.6      Sec. 12.  Minnesota Statutes 1996, section 609.487, is 
 20.7   amended by adding a subdivision to read: 
 20.8      Subd. 2a.  [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has 
 20.9   the meaning given it in section 169.01, subdivision 3, and 
 20.10  includes the following recreational motor vehicles: 
 20.11     (1) an off-highway motorcycle, as defined in section 
 20.12  84.787; 
 20.13     (2) an off-road vehicle, as defined in section 84.797; 
 20.14     (3) a snowmobile, as defined in section 84.81; 
 20.15     (4) an all-terrain vehicle, as defined in section 84.92; 
 20.16     (5) a motorboat, as defined in section 86B.005, subdivision 
 20.17  9; 
 20.18     (6) any hovercraft or motor vehicle licensed for highway 
 20.19  operation that is being used for an off-road recreational 
 20.20  purpose; and 
 20.21     (7) any other self-propelled vehicle or vehicle propelled 
 20.22  or drawn by a self-propelled vehicle that is being used for 
 20.23  recreational purposes. 
 20.24                             ARTICLE 3
 20.25                    IMPAIRED DRIVING PROVISIONS
 20.26     Section 1.  Minnesota Statutes 1996, section 84.83, 
 20.27  subdivision 5, is amended to read: 
 20.28     Subd. 5.  [FINES AND FORFEITED BAIL.] The disposition of 
 20.29  fines and forfeited bail collected from prosecutions of 
 20.30  violations of sections 84.81 to 84.91, and violations of section 
 20.31  169.121 that involve off-road recreational vehicles, as defined 
 20.32  in section 169.01, subdivision 84, are governed by section 
 20.33  97A.065. 
 20.34     Sec. 2.  Minnesota Statutes 1996, section 84.91, 
 20.35  subdivision 1, is amended to read: 
 20.36     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
 21.1   operate or be in physical control of any snowmobile or 
 21.2   all-terrain vehicle anywhere in this state or on the ice of any 
 21.3   boundary water of this state: 
 21.4      (1) when the person is under the influence of alcohol; 
 21.5      (2) when the person is under the influence of a controlled 
 21.6   substance, as defined in section 152.01, subdivision 4; 
 21.7      (3) when the person is under the influence of a combination 
 21.8   of any two or more of the elements named in clauses (1), (2), 
 21.9   and (6); 
 21.10     (4) when the person's alcohol concentration is 0.10 or 
 21.11  more; 
 21.12     (5) when the person's alcohol concentration as measured 
 21.13  within two hours of the time of operating is 0.10 or more; or 
 21.14     (6) when the person is knowingly under the influence of any 
 21.15  chemical compound or combination of chemical compounds that is 
 21.16  listed as a hazardous substance in rules adopted under section 
 21.17  182.655 and that affects the nervous system, brain, or muscles 
 21.18  of the person so as to substantially impair the person's ability 
 21.19  to operate the snowmobile or all-terrain vehicle.  
 21.20     (b) No owner or other person having charge or control of 
 21.21  any snowmobile or all-terrain vehicle shall authorize or permit 
 21.22  any individual the person knows or has reason to believe is 
 21.23  under the influence of alcohol or a controlled substance or 
 21.24  other substance, as provided under paragraph (a), to operate the 
 21.25  snowmobile or all-terrain vehicle anywhere in this state or on 
 21.26  the ice of any boundary water of this state. 
 21.27     (c) (b) No owner or other person having charge or control 
 21.28  of any snowmobile or all-terrain vehicle shall knowingly 
 21.29  authorize or permit any person, who by reason of any physical or 
 21.30  mental disability is incapable of operating the vehicle, to 
 21.31  operate the snowmobile or all-terrain vehicle anywhere in this 
 21.32  state or on the ice of any boundary water of this state. 
 21.33     (c) A person who operates or is in physical control of a 
 21.34  snowmobile or all-terrain vehicle anywhere in this state or on 
 21.35  the ice of any boundary water of this state while under the 
 21.36  influence of alcohol, a controlled substance, or a hazardous 
 22.1   substance is subject to the provisions of chapter 169 relating 
 22.2   to driving while impaired.  In addition to the driver's license 
 22.3   sanctions imposed under chapter 169, a person who is convicted 
 22.4   of violating section 169.121 while operating a snowmobile or 
 22.5   all-terrain vehicle, or who refuses to comply with a lawful 
 22.6   request to submit to testing under section 169.123, shall be 
 22.7   prohibited from operating the snowmobile or all-terrain vehicle 
 22.8   for a period of one year.  
 22.9      (d) A person who violates paragraph (a) or (b), or an 
 22.10  ordinance in conformity with either of them, is guilty of a 
 22.11  misdemeanor. 
 22.12     Sec. 3.  Minnesota Statutes 1996, section 84.911, 
 22.13  subdivision 7, is amended to read: 
 22.14     Subd. 7.  [CORONER TO REPORT DEATH.] Every coroner or 
 22.15  medical examiner shall report in writing to the department of 
 22.16  natural resources the death of any person within the 
 22.17  jurisdiction of the coroner or medical examiner as the result of 
 22.18  an accident involving a an off-road recreational motor vehicle, 
 22.19  as defined in section 84.90, subdivision 1 169.01, subdivision 
 22.20  84, and the circumstances of the accident.  The report shall be 
 22.21  made within 15 days after the death. 
 22.22     In the case of drivers killed in off-road recreational 
 22.23  motor vehicle accidents and of the death of passengers 14 years 
 22.24  of age or older, who die within four hours after accident, the 
 22.25  coroner or medical examiner shall examine the body and shall 
 22.26  make tests as are necessary to determine the presence and 
 22.27  percentage concentration of alcohol, and drugs if feasible, in 
 22.28  the blood of the victim.  This information shall be included in 
 22.29  each report submitted pursuant to the provisions of this 
 22.30  subdivision and shall be tabulated by the department of natural 
 22.31  resources.  Periodically, the commissioner of natural resources 
 22.32  must transmit a summary of the reports to the commissioner of 
 22.33  public safety.  
 22.34     Sec. 4.  Minnesota Statutes 1996, section 84.927, 
 22.35  subdivision 1, is amended to read: 
 22.36     Subdivision 1.  [REGISTRATION REVENUE.] Fees from the 
 23.1   registration of all-terrain vehicles and the unrefunded gasoline 
 23.2   tax attributable to all-terrain vehicle use under section 
 23.3   296.16, as well as the net proceeds from the sale of all-terrain 
 23.4   vehicles forfeited pursuant to section 84.912 169.1217, shall be 
 23.5   deposited in the state treasury and credited to the all-terrain 
 23.6   vehicle account in the natural resources fund.  
 23.7      Sec. 5.  Minnesota Statutes 1996, section 86B.331, 
 23.8   subdivision 1, is amended to read: 
 23.9      Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
 23.10  operate or be in physical control of a motorboat in operation on 
 23.11  the waters of this state: 
 23.12     (1) when the person is under the influence of alcohol; 
 23.13     (2) when the person is under the influence of a controlled 
 23.14  substance, as defined in section 152.01, subdivision 4; 
 23.15     (3) when the person is under the influence of a combination 
 23.16  of any two or more of the elements named in clauses (1), (2), 
 23.17  and (6); 
 23.18     (4) when the person's alcohol concentration is 0.10 or 
 23.19  more; 
 23.20     (5) when the person's alcohol concentration as measured 
 23.21  within two hours of the time of operating is 0.10 or more; or 
 23.22     (6) when the person is knowingly under the influence of any 
 23.23  chemical compound or combination of chemical compounds that is 
 23.24  listed as a hazardous substance in rules adopted under section 
 23.25  182.655 and that affects the nervous system, brain, or muscles 
 23.26  of the person so as to substantially impair the person's ability 
 23.27  to operate the motorboat.  
 23.28     (b) An owner or other person having charge or control of a 
 23.29  motorboat may not authorize or allow an individual the person 
 23.30  knows or has reason to believe is under the influence of alcohol 
 23.31  or a controlled or other substance, as provided under paragraph 
 23.32  (a), to operate the motorboat in operation on the waters of this 
 23.33  state. 
 23.34     (c) (b) An owner or other person having charge or control 
 23.35  of a motorboat may not knowingly authorize or allow a person, 
 23.36  who by reason of a physical or mental disability is incapable of 
 24.1   operating the motorboat, to operate the motorboat in operation 
 24.2   on the waters of this state.  
 24.3      (c) A person who operates or is in physical control of a 
 24.4   motorboat on the waters of this state while under the influence 
 24.5   of alcohol, a controlled substance, or a hazardous substance is 
 24.6   subject to the provisions of chapter 169 relating to driving 
 24.7   while impaired.  In addition to the driver's license sanctions 
 24.8   imposed under chapter 169, a person who is convicted of 
 24.9   violating section 169.121 while operating a motorboat, shall be 
 24.10  prohibited from operating the motorboat on the waters of this 
 24.11  state for a period of 90 days between May 1 and October 31, 
 24.12  extending over two consecutive years if necessary.  If the 
 24.13  person operating the motorboat refuses to comply with a lawful 
 24.14  demand to submit to testing under section 169.123, the person 
 24.15  shall be prohibited from operating the motorboat for a period of 
 24.16  one year.  
 24.17     (d) A person who violates paragraph (a) or (b), or an 
 24.18  ordinance in conformity with either of them, is guilty of a 
 24.19  misdemeanor. 
 24.20     (d) (e) For purposes of this subdivision, a motorboat "in 
 24.21  operation" does not include a motorboat that is anchored, 
 24.22  beached, or securely fastened to a dock or other permanent 
 24.23  mooring. 
 24.24     Sec. 6.  Minnesota Statutes 1996, section 86B.705, 
 24.25  subdivision 2, is amended to read: 
 24.26     Subd. 2.  [FINES AND BAIL MONEY.] (a) All fines, 
 24.27  installment payments, and forfeited bail money collected from 
 24.28  persons convicted of violations of this chapter, or of a 
 24.29  violation of section 169.121 involving a motorboat, shall be 
 24.30  paid to the county treasurer of the county where the violation 
 24.31  occurred by the court administrator or other person collecting 
 24.32  the money within 15 days after the last day of the month the 
 24.33  money was collected.  
 24.34     (b) One-half of the receipts shall be credited to the 
 24.35  general revenue fund of the county.  The other one-half of the 
 24.36  receipts shall be transmitted by the county treasurer to the 
 25.1   commissioner of natural resources to be deposited in the state 
 25.2   treasury and credited to the water recreation account for the 
 25.3   purpose of boat and water safety.  
 25.4      Sec. 7.  Minnesota Statutes 1996, section 97A.065, 
 25.5   subdivision 2, is amended to read: 
 25.6      Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
 25.7   forfeited bail collected from prosecutions of violations of the 
 25.8   game and fish laws, sections 84.091 to 84.15, and 84.81 to 
 25.9   84.88, 169.121, where the violation involved an off-road 
 25.10  recreational vehicle as defined in section 169.01, subdivision 
 25.11  84, chapter 348, and any other law relating to wild animals, and 
 25.12  aquatic vegetation must be paid to the treasurer of the county 
 25.13  where the violation is prosecuted.  The county treasurer shall 
 25.14  submit one-half of the receipts to the commissioner and credit 
 25.15  the balance to the county general revenue fund except as 
 25.16  provided in paragraphs (b), (c), and (d). 
 25.17     (b) The commissioner must reimburse a county, from the game 
 25.18  and fish fund, for the cost of keeping prisoners prosecuted for 
 25.19  violations under this section if the county board, by 
 25.20  resolution, directs:  (1) the county treasurer to submit all 
 25.21  fines and forfeited bail to the commissioner; and (2) the county 
 25.22  auditor to certify and submit monthly itemized statements to the 
 25.23  commissioner.  
 25.24     (c) The county treasurer shall indicate the amount of the 
 25.25  receipts that are assessments or surcharges imposed under 
 25.26  section 609.101 and shall submit all of those receipts to the 
 25.27  commissioner.  The receipts must be credited to the game and 
 25.28  fish fund to provide peace officer training for persons employed 
 25.29  by the commissioner who are licensed under section 626.84, 
 25.30  subdivision 1, clause (c), and who possess peace officer 
 25.31  authority for the purpose of enforcing game and fish laws. 
 25.32     (d) The county treasurer shall submit one-half of the 
 25.33  receipts collected from prosecutions of violations of sections 
 25.34  84.81 to 84.91, and section 169.121, including receipts that are 
 25.35  assessments or surcharges imposed under section 609.101, to the 
 25.36  commissioner and credit the balance to the county general fund.  
 26.1   The commissioner shall credit these receipts to the snowmobile 
 26.2   trails and enforcement account in the natural resources fund. 
 26.3      Sec. 8.  Minnesota Statutes 1996, section 169.01, is 
 26.4   amended by adding a subdivision to read: 
 26.5      Subd. 84.  [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 
 26.6   recreational vehicle" means an off-highway motorcycle as defined 
 26.7   in section 84.787, subdivision 7; off-road vehicle as defined in 
 26.8   section 84.797, subdivision 7; snowmobile as defined in section 
 26.9   84.81, subdivision 3; and all-terrain vehicle as defined in 
 26.10  section 84.92, subdivision 8. 
 26.11     Sec. 9.  Minnesota Statutes 1996, section 169.01, is 
 26.12  amended by adding a subdivision to read: 
 26.13     Subd. 85.  [MOTORBOAT.] "Motorboat" means a watercraft 
 26.14  propelled in any manner by machinery, including watercraft 
 26.15  temporarily equipped with detachable motors. 
 26.16     Sec. 10.  Minnesota Statutes 1996, section 169.121, 
 26.17  subdivision 1c, is amended to read: 
 26.18     Subd. 1c.  [CONDITIONAL RELEASE.] Unless maximum bail is 
 26.19  imposed under section 629.471, subdivision 2, a person charged 
 26.20  with violating subdivision 1 within ten years of the first of 
 26.21  three prior impaired driving convictions or within the person's 
 26.22  lifetime after four or more prior impaired driving convictions 
 26.23  may be released from detention only if the following conditions 
 26.24  are imposed in addition to the other conditions of release 
 26.25  ordered by the court: 
 26.26     (1) the impoundment of the registration plates of the 
 26.27  vehicle used to commit the violation, unless already impounded; 
 26.28     (2) if the vehicle used to commit the violation was an 
 26.29  off-road recreational vehicle or a motorboat, the impoundment of 
 26.30  the off-road recreational vehicle or motorboat; 
 26.31     (3) a requirement that the alleged violator report weekly 
 26.32  to a probation agent; 
 26.33     (3) (4) a requirement that the alleged violator abstain 
 26.34  from consumption of alcohol and controlled substances and submit 
 26.35  to random, weekly alcohol tests or urine analyses; and 
 26.36     (4) (5) a requirement that, if convicted, the alleged 
 27.1   violator reimburse the court or county for the total cost of 
 27.2   these services. 
 27.3      Sec. 11.  Minnesota Statutes 1996, section 169.121, 
 27.4   subdivision 11, is amended to read: 
 27.5      Subd. 11.  [APPLICABILITY TO RECREATIONAL VEHICLES.] For 
 27.6   purposes of this section and section 169.123, "motor vehicle" 
 27.7   does not include a snowmobile as defined in section 84.81, or an 
 27.8   all-terrain vehicle as defined in section 84.92.  This 
 27.9   subdivision does not prevent the commissioner of public safety 
 27.10  from recording on driving records violations involving 
 27.11  snowmobiles and all-terrain vehicles includes off-road 
 27.12  recreational vehicles and motorboats. 
 27.13     Sec. 12.  Minnesota Statutes 1996, section 169.1217, 
 27.14  subdivision 9, is amended to read: 
 27.15     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
 27.16  court finds under subdivision 8 that the vehicle is subject to 
 27.17  forfeiture, it shall order the appropriate agency to: 
 27.18     (1) sell the vehicle and distribute the proceeds under 
 27.19  paragraph (b); or 
 27.20     (2) keep the vehicle for official use.  If the agency keeps 
 27.21  a forfeited motor vehicle for official use, it shall make 
 27.22  reasonable efforts to ensure that the motor vehicle is available 
 27.23  for use by the agency's officers who participate in the drug 
 27.24  abuse resistance education program. 
 27.25     (b) The proceeds from the sale of forfeited vehicles, after 
 27.26  payment of seizure, storage, forfeiture, and sale expenses, and 
 27.27  satisfaction of valid liens against the property, must be 
 27.28  forwarded to the treasury of the political subdivision that 
 27.29  employs the appropriate agency responsible for the forfeiture 
 27.30  for use in DWI-related enforcement, training and education.  If 
 27.31  the appropriate agency is an agency of state government, the net 
 27.32  proceeds must be forwarded to the state treasury and credited to 
 27.33  the general fund following funds: 
 27.34     (1) if the forfeited vehicle is a motorboat, the net 
 27.35  proceeds shall be credited to the water recreation account in 
 27.36  the natural resources fund; 
 28.1      (2) if the forfeited vehicle is a snowmobile, the net 
 28.2   proceeds shall be credited to the snowmobile trails and 
 28.3   enforcement account in the natural resources fund; 
 28.4      (3) if the forfeited vehicle is an all-terrain vehicle, the 
 28.5   net proceeds shall be credited to the all-terrain vehicle 
 28.6   account in the natural resources fund; or 
 28.7      (4) if clauses (1) to (3) do not apply, the net proceeds 
 28.8   shall be credited to the general fund. 
 28.9      Sec. 13.  Minnesota Statutes 1996, section 169.123, 
 28.10  subdivision 1, is amended to read: 
 28.11     Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
 28.12  this section, section 169.121, and section 169.1211, the term 
 28.13  peace officer means (1) a state patrol officer, (2) University 
 28.14  of Minnesota peace officer, (3) a constable as defined in 
 28.15  section 367.40, subdivision 3, or (4) police officer of any 
 28.16  municipality, including towns having powers under section 
 28.17  368.01, or county, and (5) for purposes of violations of those 
 28.18  sections in or on an off-road recreational vehicle or motorboat, 
 28.19  a state conservation officer. 
 28.20     Sec. 14.  [REVISOR'S INSTRUCTION.] 
 28.21     In each section of Minnesota Statutes referred to in column 
 28.22  A, the revisor of statutes shall delete the reference in column 
 28.23  B, and insert the reference in column C.  
 28.24     Column A       Column B            Column C
 28.25     84.83          84.912              169.1217
 28.26     84.927         84.912              169.1217
 28.27     86B.305        86B.331             169.121
 28.28     86B.811        86B.331             169.121
 28.29     97B.065        86B.331, subd. 4    169.121, subd. 2
 28.30     97B.066        86B.335, subds.     169.123, subds. 
 28.31                     8, 9, and 10        2b, 2c, and 3
 28.32     Sec. 15.  [REPEALER.] 
 28.33     Minnesota Statutes 1996, sections 84.873; 84.91, 
 28.34  subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 
 28.35  1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 
 28.36  3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 
 29.1   6, 7, 8, 9, 10, 11, and 12; and 86B.337, are repealed. 
 29.2      Sec. 16.  [EFFECTIVE DATE.] 
 29.3      Sections 1 to 15 are effective August 1, 1997, and apply to 
 29.4   crimes committed on or after that date.