Minnesota Session Laws - 1999, Regular Session

                              CHAPTER 4-H.F.No. 6 
                  An act relating to recreational vehicles; modifying 
                  rulemaking authority; modifying certain restrictions 
                  on the use of snowmobile metal traction devices; 
                  establishing fines for operation of snowmobiles with 
                  metal traction devices on paved public trails; 
                  modifying certain definitions; amending Minnesota 
                  Statutes 1998, sections 84.86, subdivision 1; and 
                  169.1217, subdivision 1; Laws 1998, chapter 401, 
                  section 61; proposing coding for new law in Minnesota 
                  Statutes, chapter 84; repealing Minnesota Statutes 
                  1998, sections 84.871, subdivision 2; 84.8715; and 
                  85.015, subdivision 1c. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, 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, or on 
        grant-in-aid trails, including, but not limited to, the use of 
        specified metal traction devices and nonmetal traction devices. 
           (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 youth and young adult training and a fee 
        established under chapter 16A from each person who receives the 
        adult training.  The commissioner 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 $500 or more, shall 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.  [84.8712] [METAL TRACTION DEVICES; PROHIBITION ON 
        PAVED TRAILS.] 
           Subdivision 1.  [PROHIBITION.] A person may not use a 
        snowmobile with metal traction devices on any paved public 
        trail, except: 
           (1) as provided by a local government with jurisdiction 
        over a trail; 
           (2) to make the shortest possible crossing over a paved 
        state trail at slow speed; or 
           (3) on any portion of a paved state trail designated by the 
        commissioner. 
           Subd. 2.  [CIVIL CITATION; AUTHORITY TO 
        ISSUE.] Conservation officers and other licensed peace officers 
        may issue civil citations to a person who operates a snowmobile 
        in violation of this section.  The citation must impose a 
        penalty of no more than $50 for the first offense, no more than 
        $300 for the second offense, and no more than $600 for third and 
        subsequent offenses.  
           Subd. 3.  [APPEALS.] Civil citations for offenses under 
        this section may be appealed under the procedures in section 
        116.072, subdivision 6, if the recipient of the citation 
        requests a hearing by notifying the commissioner in writing 
        within 15 days after receipt of the citation.  For the purposes 
        of the enforcement of this section, the terms "commissioner" and 
        "agency" as used in section 116.072 mean the commissioner of 
        natural resources.  If a hearing is not requested within the 
        15-day period, the citation becomes a final order not subject to 
        further review.  
           Subd. 4.  [ENFORCEMENT.] Civil citations for offenses under 
        this section may be enforced under section 116.072, subdivision 
        9.  If a person fails to pay a penalty owed under this section, 
        the person may not operate a snowmobile until the penalty is 
        paid.  Penalty amounts must be remitted within 30 days of 
        issuance of the penalty citation. 
           Subd. 5.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
        collected from civil citations issued under this section are 
        deposited to the unit of government employing the officer that 
        issues the civil citation.  The commissioner must deposit 
        penalty amounts received by the state in the snowmobile trails 
        and enforcement account established by section 84.83, 
        subdivision 1.  The penalty amounts in the account must be 
        dedicated for the repair of paved public trails.  
           Subd. 6.  [SELECTION OF REMEDY.] A person operating a 
        snowmobile in violation of this section is guilty of a petty 
        misdemeanor punishable by a fine of no more than $50 for the 
        first offense, no more than $300 for the second offense, and no 
        more than $600 for the third and subsequent offenses.  A peace 
        officer may not seek both civil and petty misdemeanor penalties 
        for a violation of this section. 
           Sec. 3.  Minnesota Statutes 1998, section 169.1217, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them: 
           (a) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense or to require a test under section 169.123. 
           (b) "Designated license revocation" includes a license 
        revocation under section 169.123: 
           (1) within five years of two prior impaired driving 
        convictions, two prior license revocations, or a prior impaired 
        driving conviction and a prior license revocation, based on 
        separate incidents; or 
           (2) within 15 years of the first of three or more prior 
        impaired driving convictions, three or more prior license 
        revocations, or any combination of three or more prior impaired 
        driving convictions and prior license revocations, based on 
        separate incidents.  
           (c) "Designated offense" includes: 
           (1) a violation of section 169.121, subdivision 1, clause 
        (a), (b), (c), (d), (e), (g), or (h), subdivision 1a, an 
        ordinance in conformity with any of them, or section 169.129: 
           (i) within five years of two prior impaired driving 
        convictions, or two prior license revocations, or a prior 
        impaired driving conviction and a prior license revocation, 
        based on separate incidents; or 
           (ii) within 15 years of the first of three or more prior 
        impaired driving convictions, three or more prior license 
        revocations, or any combination of three or more impaired 
        driving convictions and prior license revocations, based on 
        separate incidents; 
           (2) a violation of section 169.121, subdivision 1, clause 
        (f), or a violation of section 169.121, subdivision 3, paragraph 
        (c), clause (4): 
           (i) within five years of a prior impaired driving 
        conviction or a prior license revocation; or 
           (ii) within 15 years of the first of two or more prior 
        impaired driving convictions, two or more prior license 
        revocations, or a prior impaired driving conviction and a prior 
        license revocation, based on separate incidents; or 
           (3) a violation of section 169.121, an ordinance in 
        conformity with it, or section 169.129: 
           (i) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (9); or 
           (ii) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 which provides 
        that the person may not use or consume any amount of alcohol or 
        a controlled substance; or 
           (4) until June 30, 1999, a second or subsequent violation 
        of section 85.015, subdivision 1c. 
           (d) "Motor vehicle" and "vehicle" have the meaning given 
        "motor vehicle" in section 169.121, subdivision 11.  The terms 
        do not include a vehicle which is stolen or taken in violation 
        of the law. 
           (e) "Owner" means the registered owner of the motor vehicle 
        according to records of the department of public safety and 
        includes a lessee of a motor vehicle if the lease agreement has 
        a term of 180 days or more. 
           (f) "Prior impaired driving conviction" has the meaning 
        given it in section 169.121, subdivision 3.  A prior impaired 
        driving conviction also includes a prior juvenile adjudication 
        that would have been a prior impaired driving conviction if 
        committed by an adult. 
           (g) "Prior license revocation" has the meaning given it in 
        section 169.121, subdivision 3. 
           (h) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           Sec. 4.  Laws 1998, chapter 401, section 61, is amended to 
        read: 
           Sec. 61.  [REPEALER.] 
           (a) Minnesota Statutes 1997 Supplement, section 85.015, 
        subdivision 1c, as amended by this act, is repealed effective 
        June 30, 1999. 
           (b) Laws 1991, chapter 275, section 3, is repealed. 
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 1998, sections 84.871, subdivision 2; 
        84.8715; and 85.015, subdivision 1c, are repealed. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 5 are effective the day following final 
        enactment. 
           Presented to the governor March 1, 1999 
           Signed by the governor March 4, 1999, 9:20 a.m.