Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 184-S.F.No. 536 
           An act relating to recreational vehicles; expanding 
          the jurisdiction of the commissioner of natural 
          resources over the use of snowmobiles and all-terrain 
          vehicles on public lands and waters; changing accident 
          reporting duties; providing that the person in lawful 
          control of a snowmobile or all-terrain vehicle is 
          responsible for the operation of these vehicles by 
          youthful operators; providing that a portion of the 
          fines and assessments collected from recreational 
          vehicle violations shall be credited to the snowmobile 
          trails and enforcement account in the natural 
          resources fund; expanding the duties of the sheriff to 
          include investigating recreational vehicle accidents 
          involving injury or death; amending Minnesota Statutes 
          1992, sections 84.86, subdivision 1; 84.872; 84.924, 
          subdivisions 1 and 3; 84.9256, subdivision 3; 97A.065, 
          subdivision 2; and 387.03. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 84.86, 
subdivision 1, is amended to read: 
    Subdivision 1.  With a view of achieving maximum use of 
snowmobiles consistent with protection of the environment the 
commissioner of natural resources shall adopt rules in the 
manner provided by chapter 14, for the following purposes: 
    (1) Registration of snowmobiles and display of registration 
numbers. 
    (2) Use of snowmobiles insofar as game and fish resources 
are affected. 
    (3) Use of snowmobiles on public lands and waters under the 
jurisdiction of the commissioner of natural resources, or on 
grant-in-aid trails. 
    (4) Uniform signs to be used by the state, counties, and 
cities, which are necessary or desirable to control, direct, or 
regulate the operation and use of snowmobiles. 
    (5) Specifications relating to snowmobile mufflers. 
    (6) A comprehensive snowmobile information and safety 
education and training program, including but not limited to the 
preparation and dissemination of snowmobile information and 
safety advice to the public, the training of snowmobile 
operators, and the issuance of snowmobile safety certificates to 
snowmobile operators who successfully complete the snowmobile 
safety education and training course.  For the purpose of 
administering such program and to defray a portion of the 
expenses of training and certifying snowmobile operators, the 
commissioner shall collect a fee of not to exceed $5 from each 
person who receives the training and shall deposit the fee in 
the snowmobile trails and enforcement account and the amount 
thereof is appropriated annually to the commissioner of natural 
resources for the administration of such programs.  The 
commissioner shall cooperate with private organizations and 
associations, private and public corporations, and local 
governmental units in furtherance of the program established 
under this clause.  The commissioner shall consult with the 
commissioner of public safety in regard to training program 
subject matter and performance testing that leads to the 
certification of snowmobile operators. 
    (7) The operator of any snowmobile involved in an accident 
resulting in injury requiring medical attention or 
hospitalization to or death of any person or total damage to an 
extent of $100 $500 or more, shall promptly forward a written 
report of the accident to the commissioner on such form as the 
commissioner shall prescribe.  If the operator is killed or is 
unable to file a report due to incapacitation, any peace officer 
investigating the accident shall file the accident report within 
ten business days. 
    Sec. 2.  Minnesota Statutes 1992, section 84.872, is 
amended to read: 
    84.872 [YOUTHFUL SNOWMOBILE OPERATORS; PROHIBITIONS.] 
    Notwithstanding anything in section 84.87 to the contrary, 
no person under 14 years of age shall make a direct crossing of 
a trunk, county state-aid, or county highway as the operator of 
a snowmobile, or operate a snowmobile upon a street or highway 
within a municipality.  A person 14 years of age or older, but 
less than 18 years of age, may make a direct crossing of a 
trunk, county state-aid, or county highway only if the person 
has in immediate possession a valid snowmobile safety 
certificate issued by the commissioner or a valid motor vehicle 
operator's license issued by the commissioner of public safety 
or the drivers license authority of another state.  No person 
under the age of 14 years shall operate a snowmobile on any 
public land or water under the jurisdiction of the commissioner 
unless accompanied by one of the following listed persons on the 
same or an accompanying snowmobile, or on a device towed by the 
same or an accompanying snowmobile:  the person's parent, legal 
guardian, or other person 18 years of age or older.  However, a 
person 12 years of age or older may operate a snowmobile on 
public lands and waters under the jurisdiction of the 
commissioner if the person has in immediate possession a valid 
snowmobile safety certificate issued by the commissioner.  
    It is unlawful for the owner of a snowmobile any person who 
is in lawful control of a snowmobile to permit the snowmobile to 
be operated contrary to the provisions of this section.  
     When the judge of a juvenile court, or any of its duly 
authorized agents, shall determine that any person, while less 
than 18 years of age, has violated the provisions of sections 
84.81 to 84.88, or any other state or local law or ordinance 
regulating the operation of snowmobiles, the judge, or duly 
authorized agent, shall immediately report such determination to 
the commissioner and may recommend the suspension of the 
person's snowmobile safety certificate.  The commissioner is 
hereby authorized to suspend the certificate, without a hearing. 
    Sec. 3.  Minnesota Statutes 1992, section 84.924, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMMISSIONER OF NATURAL RESOURCES.] With a 
view of achieving proper use of all-terrain vehicles consistent 
with protection of the environment, the commissioner of natural 
resources shall adopt rules under chapter 14 relating to: 
    (1) registration of all-terrain vehicles and display of 
registration numbers; 
    (2) use of all-terrain vehicles insofar as game and fish 
resources are affected; 
    (3) use of all-terrain vehicles on public lands and waters 
under the jurisdiction of the commissioner of natural resources; 
    (4) uniform signs to be used by the state, counties, and 
cities necessary or desirable to control, direct, or regulate 
the operation and use of all-terrain vehicles; and 
    (5) specifications relating to all-terrain vehicle mufflers.
    Sec. 4.  Minnesota Statutes 1992, section 84.924, 
subdivision 3, is amended to read: 
    Subd. 3.  [ACCIDENT REPORT; REQUIREMENT AND FORM.] The 
operator and an officer investigating an accident of an 
all-terrain vehicle involved in an accident resulting in injury 
requiring medical attention or hospitalization to or death of a 
person or total damage to an extent of $300 $500 or more shall 
within ten business days forward a written report of the 
accident to the commissioner of natural resources on a form 
prescribed by either the commissioner of natural resources or by 
the commissioner of public safety.  If the operator is killed or 
is unable to file a report due to incapacitation, any peace 
officer investigating the accident shall file the accident 
report within ten business days. 
    Sec. 5.  Minnesota Statutes 1992, section 84.9256, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROHIBITIONS ON OWNER PERSON IN LAWFUL CONTROL.] 
An owner of It is unlawful for any person who is in lawful 
control of an all-terrain vehicle may not knowingly allow to 
permit it to be operated contrary to this section. 
    Sec. 6.  Minnesota Statutes 1992, section 97A.065, 
subdivision 2, is amended to read: 
    Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
forfeited bail collected from prosecutions of violations of the 
game and fish laws, sections 84.09 to 84.15, and 84.81 to 84.88, 
chapter 348, and any other law relating to wild animals, and 
aquatic vegetation must be paid to the treasurer of the county 
where the violation is prosecuted.  The county treasurer shall 
submit one-half of the receipts to the commissioner and credit 
the balance to the county general revenue fund except as 
provided in paragraphs (b) and, (c), and (d).  
    (b) The commissioner must reimburse a county, from the game 
and fish fund, for the cost of keeping prisoners prosecuted for 
violations under this section if the county board, by 
resolution, directs:  (1) the county treasurer to submit all 
fines and forfeited bail to the commissioner; and (2) the county 
auditor to certify and submit monthly itemized statements to the 
commissioner.  
    (c) The county treasurer shall indicate the amount of the 
receipts that are assessments or surcharges imposed under 
section 609.101 and shall submit all of those receipts to the 
commissioner.  The receipts must be credited to the game and 
fish fund to provide peace officer training for persons employed 
by the commissioner who are licensed under section 626.84, 
subdivision 1, clause (c), and who possess peace officer 
authority for the purpose of enforcing game and fish laws. 
    (d) The county treasurer shall submit one-half of the 
receipts collected from prosecutions of violations of sections 
84.81 to 84.91, including receipts that are assessments or 
surcharges imposed under section 609.101, to the commissioner 
and credit the balance to the county general fund.  The 
commissioner shall credit these receipts to the snowmobile 
trails and enforcement account in the natural resources fund. 
    Sec. 7.  Minnesota Statutes 1992, section 387.03, is 
amended to read: 
    387.03 [POWERS, DUTIES.] 
    The sheriff shall keep and preserve the peace of the 
county, for which purpose the sheriff may require the aid of 
such persons or power of the county as the sheriff deems 
necessary.  The sheriff shall also pursue and apprehend all 
felons, execute all processes, writs, precepts, and orders 
issued or made by lawful authority and to the sheriff delivered, 
attend upon the terms of the district court, and perform all of 
the duties pertaining to the office, including investigating 
recreational vehicle accidents involving personal injury or 
death that occur outside the boundaries of a municipality, 
searching and dragging for drowned bodies and searching and 
looking for lost persons and.  When authorized by the board of 
county commissioners of the county the sheriff may purchase 
boats and other equipment including the hiring of airplanes 
for such search purposes. 
    Presented to the governor May 12, 1993 
    Signed by the governor May 14, 1993, 10:05 p.m.