Key: (1) language to be deleted (2) new language
CHAPTER 324-S.F.No. 3283
An act relating to natural resources; providing for
civil enforcement of metal traction device sticker
requirements for snowmobiles; amending Minnesota
Statutes 1999 Supplement, sections 84.8712,
subdivisions 2, 3, 4, and 6; and 84.8713, subdivision
1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1999 Supplement, section
84.8712, subdivision 2, is amended to read:
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 or section 84.8713. 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.
Sec. 2. Minnesota Statutes 1999 Supplement, section
84.8712, subdivision 3, is amended to read:
Subd. 3. [APPEALS.] Civil citations for offenses under
this section or section 84.8713 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.
Sec. 3. Minnesota Statutes 1999 Supplement, section
84.8712, subdivision 4, is amended to read:
Subd. 4. [ENFORCEMENT.] Civil citations for offenses under
this section or section 84.8713 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.
Sec. 4. Minnesota Statutes 1999 Supplement, section
84.8712, subdivision 6, is amended to read:
Subd. 6. [SELECTION OF REMEDY.] A person operating a
snowmobile in violation of this section or section 84.8713 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 or section
84.8713.
Sec. 5. Minnesota Statutes 1999 Supplement, section
84.8713, subdivision 1, is amended to read:
Subdivision 1. [STICKER REQUIRED; FEE.] (a) An owner of a
snowmobile registered in the state may not operate the
snowmobile with a track equipped with metal traction devices
unless a metal traction device sticker is affixed to the
snowmobile. The commissioner shall issue a metal traction
device sticker upon application and payment of a $12 fee. The
sticker is valid for one year following June 30 in the year it
is issued.
(b) The requirements in paragraph (a) do not apply to
snowmobiles owned, leased, or operated by the state or a
political subdivision, or to snowmobiles used in an organized
race, so long as they do not utilize a paved public trail,
except as otherwise provided in this chapter.
(c) Fees collected under this section shall be deposited in
the state treasury and credited to the snowmobile trails and
enforcement account in the natural resources fund. Money
deposited under this section is appropriated to the commissioner
of natural resources, and must be used for repair of paved
public trails, unless a trail is exempted by local authorities
under section 84.8712, except that any money not necessary for
this purpose may be used for the grant-in-aid snowmobile trail
system.
(d) This section shall be enforced under section 84.8712.
Sec. 6. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Presented to the governor March 31, 2000
Signed by the governor April 4, 2000, 3:18 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes