Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 325--H.F.No. 654
           An act relating to outdoor recreation; requiring 
          licensing of cross country skiers; creating a cross 
          country ski trail grant-in-aid program; regulating 
          entry of motor vehicles into state parks and other 
          facilities; imposing a penalty; appropriating money 
          for recreational purposes; amending Minnesota Statutes 
          1982, section 85.05, subdivision 2; proposing new law 
          coded in Minnesota Statutes, chapter 85. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 85.05, 
subdivision 2, is amended to read:  
    Subd. 2.  [PERMITS FOR MOTOR VEHICLES.] (a) Except as 
provided in clauses (b), (c), (d) and (e), no motor vehicle 
shall enter or be permitted to enter any state park, state 
recreation area or state wayside over 50 acres in area unless it 
has affixed to its windshield in the lower right corner thereof 
a permit which is provided for hereinafter.  The commissioner 
shall procure permits for each calendar year which by 
appropriate language shall grant permission to use any state 
park, state recreation area or state wayside over 50 acres in 
area.  Permits for each calendar year shall be provided and 
placed on sale before October 1 next preceding, and may be 
affixed and used on or at any time after that date until the end 
of the calendar year for which issued.  Permits in each category 
shall be numbered consecutively for each year of issue.  A fee 
of $10 shall be charged for each permit issued for a vehicle 
licensed in Minnesota and $15 for a vehicle licensed outside of 
Minnesota, except that permits of appropriate special design may 
be sold individually at $3 for a vehicle licensed in Minnesota 
and $4 for a vehicle licensed outside of Minnesota covering the 
use of state parks, state recreation areas or state waysides 
under such conditions as the commissioner may prescribe for a 
designated period of not more than two days.  The fee collected 
shall be deposited in the state park maintenance and operation 
account in the state treasury.  Appropriations from this account 
shall be for state park maintenance and operation.  Permits 
shall be issued by employees of the division of parks and 
recreation as the commissioner of natural resources may 
designate in writing and as hereinbefore provided. 
     (b) The commissioner shall issue without charge an 
employee's motor vehicle permit to any state employee who, for 
the purpose of performing official duties, must enter places 
where park stickers are required.  The employee shall display 
the permit on the motor vehicle in the same manner as state park 
stickers are displayed.  A motor vehicle displaying only an 
employee's permit may not enter a place where park stickers are 
required if the vehicle is used for purposes other than 
performing official duties. 
     (c) The commissioner shall issue for one-half of the fees 
provided in clause (a) a motor vehicle permit to any individual 
of the age of 65 years or over who furnishes satisfactory proof 
of age and who is a resident of the state of Minnesota.  The 
permit or the decal evidencing its issuance shall be valid only 
when displayed upon the vehicle owned and occupied by the person 
to whom issued. 
    (d) No state park permit is necessary for entry of a motor 
vehicle into a state park, state monument, state recreation 
area, or state wayside, on one day each calendar year which the 
commissioner may designate as state park open house day for the 
purpose of acquainting the public with state parks, recreation 
areas, and waysides, or two days each year, if the open house is 
held in conjunction with a special pageant as described in 
subdivision 1.  The commissioner shall announce the date of 
state park open house day at least 30 days in advance of the 
open house. 
    (e) No state park permit is necessary, nor shall any fee, 
including a parking fee, be charged, for entry of a motor 
vehicle into that part of Fort Snelling state park commonly 
known as Fort Snelling Memorial Chapel Island. 
    Sec. 2.  [85.40] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For purposes of sections 2 to 8 
the following terms have the meanings given them.  
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of natural resources.  
    Subd. 3.  [CROSS COUNTRY SKI GRANT-IN-AID PROGRAM.] "Cross 
country ski grant-in-aid program" means a program administered 
by the department, as described in section 6.  
    Subd. 4.  [CROSS COUNTRY SKI RACE.] "Cross country ski race"
means a timed skiing event organized for the participation of a 
large number of skiers at one time over a course prepared 
specifically for a ski race.  
    Subd. 5.  [CROSS COUNTRY SKI TRAIL.] "Cross country ski 
trail" means a public pathway designated and promoted for cross 
country skiing.  
    Subd. 6.  [CROSS COUNTRY SKIING.] "Cross country skiing" 
means traveling across country over snow by human power on 
skis.  "Cross country skiing" does not require the use of lifts, 
tows, or other mechanical devices.  
    Subd. 7.  [DEPARTMENT.] "Department" means the department 
of natural resources.  
    Sec. 3.  [85.41] [USER FEES.] 
    Subdivision 1.  [ON PERSON.] While skiing on cross country 
ski trails, a person between the ages of 16 and 64 years shall 
carry on his person a valid cross country ski license.  A 
landowner who grants an easement for a grant-in-aid ski trail is 
not required to have a license when skiing on his own property.  
    Subd. 2.  [LICENSE AGENTS.] County auditors are appointed 
agents of the commissioner for the sale of annual cross country 
ski licenses and daily permits.  A county auditor may appoint 
subagents within the county or within adjacent counties to sell 
licenses and permits.  Upon appointment the auditor shall notify 
the commissioner of the name and address of the subagent.  The 
auditor may revoke the appointment of a subagent at any time. 
Upon demand of the commissioner, the auditor shall revoke a 
subagent's appointment.  The auditor shall furnish license and 
permit blanks on consignment to any subagent who furnishes a 
surety bond in favor of the county in an amount at least equal 
to the value of the blanks to be consigned to that subagent. 
The county auditor shall be responsible for all blanks issued 
to, and user fees received by agents, except in St. Louis county 
or in a county where the county auditor does not retain fees 
paid for license purposes.  In these counties, the 
responsibilities imposed upon the county auditor are imposed 
upon the county.  The commissioner may promulgate additional 
regulations pursuant to section 98.50, subdivision 2.  
    Any resident desiring to sell annual cross country ski 
licenses and daily permits may either purchase for cash or 
obtain on consignment license and permit blanks from a county 
auditor in groups of not less than ten individual blanks.  In 
selling licenses, the resident shall be deemed a subagent of the 
county auditor and the commissioner, and he shall observe all 
rules and regulations promulgated by the commissioner for the 
accounting and handling of licenses pursuant to section 98.50, 
subdivision 10.  
    The county auditor shall promptly deposit all monies 
received from the sale of licenses and permits with the county 
treasurer, and shall promptly transmit any reports required by 
the commissioner, plus 96 percent of the price to each annual 
licensee, exclusive of the issuing fee, for each annual license 
sold or consigned by him and subsequently sold to a licensee 
during the accounting period.  The county auditor shall retain 
as a commission four percent of all annual license fees, 
excluding the issuing fee for licenses consigned to subagents.  
    Unsold blanks in the hands of any subagent shall be 
redeemed by the commissioner if presented for redemption within 
the time prescribed by the commissioner.  Any blanks not 
presented for redemption within the period prescribed shall be 
conclusively presumed to have been sold, and the subagent 
possessing the same or to whom they are charged shall be 
accountable.  
    Subd. 3.  [EXEMPTIONS.] Participants in cross country ski 
races and official school activities are exempt from the license 
requirement in subdivision 1 if a special use permit has been 
obtained by the organizers of the event in advance from the 
agency with jurisdiction over the cross country ski trail. 
Permits shall require that permit holders return the trail and 
any associated facility to its original condition if any damage 
is done by the permittee.  Limited permits for special events 
may be issued and shall require the removal of any trail 
markers, banners, and other material used in connection with the 
special event.  
    Subd. 4.  [FORM.] The department shall provide forms and 
blanks to all agents authorized to issue licenses and daily 
permits by the commissioner.  The license and daily permit shall 
attach to the skier's clothing to visibly identify the holder as 
a licensed skier, and be easily transferable from garment to 
garment by means of a device prescribed by the commissioner in 
consultation with the advisory task force.  The license and 
permit shall include the applicant's name and other information 
deemed necessary by the commissioner.  
    Subd. 5.  [AGENT'S FEE.] The fee for an annual cross 
country ski license and a daily permit shall be increased by the 
amount of an issuing fee of 50 cents per license.  The issuing 
fee may be retained by the county auditor or his agent or 
subagent who sells the license or permit.  A license or permit 
shall indicate the amount of the fee that is retained by the 
agent.  This subdivision does not apply to any license or permit 
sold by the state, or at a park.  
    Sec. 4.  [85.42] [USER FEE.] 
    The fee for an annual cross country ski license is $5 for 
an individual license, or $7.50 for a combination husband and 
wife license.  This fee shall be collected at the time the 
license is purchased.  Annual licenses are valid from July 1 
through June 30 of the following year.  Licenses are not 
transferable.  
    The cost for a daily cross country skier permit is $l. 
This fee shall be collected at the time the permit is 
purchased.  The daily permit is valid only for the date 
designated on the permit form.  
    Sec. 5.  [85.43] [DISPOSITION OF RECEIPTS; PURPOSE.] 
    Fees from cross country ski licenses and permits shall be 
deposited in the state treasury and may be expended only as 
appropriated by law for:  
    (a) grants-in-aid for cross country ski trails sponsored by 
local units of government and special park districts as provided 
in section 6; and 
    (b) maintenance, winter grooming, and associated 
administrative costs for cross country ski trails under the 
jurisdiction of the commissioner.  
    Sec. 6.  [85.44] [CROSS COUNTRY SKI TRAIL GRANT-IN-AID 
PROGRAM.] 
    The commissioner shall establish a grant-in-aid program for 
local units of government and special park districts for the 
acquisition, development, and maintenance of cross country ski 
trails.  Grants shall be available for acquisition of trail 
easements but may not be used to acquire any lands in fee 
title.  The department shall reimburse all public sponsors of 
grants-in-aid cross country ski trails based upon criteria 
established by the department.  Prior to the use of any 
reimbursement criteria, a certain proportion of the revenues 
shall be allocated on the basis of user fee sales location.  
    Sec. 7.  [85.45] [PENALTY.] 
    No person may ski on a public cross country ski trail, 
including a grant-in-aid cross country ski trail, without a 
valid annual cross country ski license or daily permit. 
Effective July 1, l984, any person who violates the provision of 
this section is guilty of a petty misdemeanor.  Any person who 
violates the provisions of this section before July 1, 1984, 
shall be issued a warning statement.  
    Sec. 8.  [APPROPRIATION.] 
    There is appropriated to the department of natural 
resources from the general fund $175,000 in fiscal year 1984 and 
$175,000 in fiscal year 1985 to carry out the purposes of 
sections 2 to 7.  The department shall publicize and promote the 
use of cross country skier licensing.  
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 2 to 8 are effective the day following final 
enactment. 
    Approved June 14, 1983