1.1                          A bill for an act 
  1.2             relating to recreational vehicles; modifying 
  1.3             recreational motor vehicle registration; requiring 
  1.4             driver's license; requiring recreational motor vehicle 
  1.5             driver's license endorsement; requiring liability 
  1.6             insurance; modifying recreational motor vehicle 
  1.7             operational restrictions; repealing authorization to 
  1.8             develop the Iron Range off-highway vehicle recreation 
  1.9             area; requiring environmental review of trail 
  1.10            development; modifying personal watercraft provisions; 
  1.11            providing criminal and civil penalties; amending 
  1.12            Minnesota Statutes 1996, sections 62I.02, subdivision 
  1.13            1, and by adding a subdivision; 84.79; 84.795, 
  1.14            subdivisions 1 and 8; 84.796; 84.804, subdivision 6; 
  1.15            84.87, subdivisions 2c and 3; 84.871; 84.88, 
  1.16            subdivision 2; 84.9256, subdivision 4; 84.928, 
  1.17            subdivisions 1, 1a, and 6; 85.015, by adding a 
  1.18            subdivision; 85.018, subdivision 2, and by adding 
  1.19            subdivisions; 86B.005, subdivisions 9, 14a, and 18; 
  1.20            89.025; 97A.315, subdivision 2; 169.01, by adding a 
  1.21            subdivision; 171.01, subdivision 3, and by adding a 
  1.22            subdivision; 171.02, subdivision 2, and by adding a 
  1.23            subdivision; 171.03; and 171.10, subdivision 2; 
  1.24            Minnesota Statutes 1997 Supplement, sections 84.8205; 
  1.25            84.86, subdivision 1; 84.87, subdivision 2; 97A.065, 
  1.26            subdivision 2; 169.121, subdivisions 1c, 1d, 3, and 
  1.27            11; 169.1217, subdivision 9; 296.16, subdivision 1; 
  1.28            and 609.487, subdivision 2a; proposing coding for new 
  1.29            law in Minnesota Statutes, chapter 84; repealing 
  1.30            Minnesota Statutes 1996, sections 84.787; 84.788; 
  1.31            84.791; 84.793, subdivision 1; 84.794; 84.795, 
  1.32            subdivision 5; 84.797; 84.798; 84.80, subdivision 2; 
  1.33            84.802; 84.803; 84.81; 84.82, subdivisions 1a, 4, 5, 
  1.34            6, 7, 7a, 8, and 10; 84.83; 84.84; 84.85; 84.872, 
  1.35            subdivisions 1 and 3; 84.88, subdivision 1; 84.90; 
  1.36            84.91, subdivision 1; 84.911, subdivision 7; 84.915; 
  1.37            84.92; 84.922; 84.924, subdivision 3; 84.925; 84.9256, 
  1.38            subdivision 1; 84.926; 84.927; 85.054, subdivision 6; 
  1.39            and 86B.313; Minnesota Statutes 1997 Supplement, 
  1.40            sections 84.82, subdivisions 2 and 3; 84.862; 169.01, 
  1.41            subdivision 86; and 171.07, subdivision 12; Laws 1996, 
  1.42            chapter 407, section 32. 
  1.43  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.44     Section 1.  [LEGISLATIVE FINDINGS; SHORT TITLE.] 
  2.1      Subdivision 1. [LEGISLATIVE FINDINGS.] Every Minnesotan has 
  2.2   the right to peace, quiet, fresh air, and personal safety in the 
  2.3   </u>
  2.4   community in which they live and on state trails and waterways.  
  2.5   The common sense regulation of motorized recreational vehicles 
  2.6   is an essential part of guaranteeing this right. 
  2.7      Subd. 2.  [SHORT TITLE.] This act is the "Minnesota Right 
  2.8   to Peace and Quiet Act." 
  2.9      Sec. 2.  Minnesota Statutes 1996, section 62I.02, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [CREATION.] The Minnesota joint 
  2.12  underwriting association is created to provide insurance 
  2.13  coverage to any person or entity unable to obtain insurance 
  2.14  through ordinary methods if the insurance is required by 
  2.15  statute, ordinance, or otherwise required by law, or is 
  2.16  necessary to earn a livelihood or conduct a business and serves 
  2.17  a public purpose, including, but not limited to, liquor 
  2.18  liability.  Prudent business practice or mere desire to have 
  2.19  insurance coverage is not a sufficient standard for the 
  2.20  association to offer insurance coverage to a person or entity.  
  2.21  For purposes of this subdivision, directors' and officers' 
  2.22  liability insurance is considered to be a business necessity and 
  2.23  not merely a prudent business practice.  The association shall 
  2.24  be specifically authorized to provide insurance coverage to day 
  2.25  care providers, foster parents, foster homes, developmental 
  2.26  achievement centers, group homes, and rehabilitation facilities 
  2.27  for mentally, emotionally, or physically handicapped persons, 
  2.28  and citizen participation groups established pursuant to the 
  2.29  housing and community redevelopment act of 1974, Public Law 
  2.30  Number 93-383.  The association is specifically authorized to 
  2.31  provide insurance coverage for recreational motor vehicle 
  2.32  liability.  Because the activities of certain persons or 
  2.33  entities present a risk that is so great, the association shall 
  2.34  not offer insurance coverage to any person or entity the board 
  2.35  of directors of the association determines is outside the 
  2.36  intended scope and purpose of the association because of the 
  2.37  gravity of the risk of offering insurance coverage.  The 
  3.1   association shall not offer environmental impairment liability 
  3.2   or product liability insurance.  The association shall not offer 
  3.3   coverage for activities that are conducted substantially outside 
  3.4   the state of Minnesota unless the insurance is required by 
  3.5   statute, ordinance, or otherwise required by law.  Every insurer 
  3.6   authorized to write property and casualty insurance and personal 
  3.7   injury liability insurance in this state shall be a member of 
  3.8   the association as a condition to obtaining and retaining a 
  3.9   license to write insurance in this state. 
  3.10     Sec. 3.  Minnesota Statutes 1996, section 62I.02, is 
  3.11  amended by adding a subdivision to read: 
  3.12     Subd. 4a.  [RECREATIONAL MOTOR VEHICLE LIABILITY.] Policies 
  3.13  and contracts of coverage issued under this section for the 
  3.14  purposes of providing recreational motor vehicle liability 
  3.15  insurance must contain the usual and customary provisions of 
  3.16  liability insurance policies and must contain at least the 
  3.17  minimum coverage required by section 84.69, subdivision 2.  
  3.18                    RECREATIONAL MOTOR VEHICLES
  3.19     Sec. 4.  [84.66] [DEFINITIONS.] 
  3.20     Subdivision 1.  [APPLICABILITY.] For purposes of sections 
  3.21  84.66 to 84.934, the following terms have the meanings given 
  3.22  them. 
  3.23     Subd. 2.  [ACCOMPANIED.] "Accompanied" means subject to 
  3.24  continuous direction or control. 
  3.25     Subd. 3.  [AGRICULTURAL PURPOSE.] "Agricultural purpose" 
  3.26  means used exclusively for an agricultural use. 
  3.27     Subd. 4.  [AGRICULTURAL USE.] "Agricultural use" means use 
  3.28  in agriculturally related activities or harvesting wood for 
  3.29  commercial or firewood purposes.  
  3.30     Subd. 5.  [AGRICULTURAL ZONE.] "Agricultural zone" means 
  3.31  the areas in Minnesota lying south and west of a line starting 
  3.32  at the Minnesota-North Dakota border and formed by rights-of-way 
  3.33  of trunk highway No. 10, thence easterly along trunk highway No. 
  3.34  10 to trunk highway No. 23, thence easterly along trunk highway 
  3.35  No. 23 to trunk highway No. 95, thence easterly along trunk 
  3.36  highway No. 95 to its termination at the Minnesota-Wisconsin 
  4.1   border. 
  4.2      Subd. 6.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" 
  4.3   means a motorized flotation-tired vehicle of not less than three 
  4.4   and not more than six low pressure tires that is limited in 
  4.5   engine displacement of less than 800 cubic centimeters and total 
  4.6   dry weight less than 800 pounds.  
  4.7      Subd. 7.  [CITY.] "City" means a statutory or home rule 
  4.8   charter city. 
  4.9      Subd. 8.  [COLLECTOR SNOWMOBILE.] "Collector snowmobile" 
  4.10  means a snowmobile that is 25 years old or older, was originally 
  4.11  produced as a separate identifiable make by a manufacturer, and 
  4.12  is owned and operated solely as a collector's item. 
  4.13     Subd. 9.  [COMMISSIONER.] "Commissioner" means the 
  4.14  commissioner of natural resources. 
  4.15     Subd. 10.  [DEALER.] "Dealer" means a person engaged in the 
  4.16  business of selling one or more types of recreational motor 
  4.17  vehicles at wholesale or retail. 
  4.18     Subd. 11.  [MANUFACTURER.] "Manufacturer" means a person 
  4.19  engaged in the business of manufacturing one or more types of 
  4.20  recreational motor vehicles. 
  4.21     Subd. 12.  [OFF-HIGHWAY MOTORCYCLE.] "Off-highway 
  4.22  motorcycle" means a motorized, off-highway vehicle traveling on 
  4.23  two wheels and having a seat or saddle designed to be straddled 
  4.24  by the operator and handlebars for steering control, including a 
  4.25  vehicle that is registered under chapter 168 for highway use if 
  4.26  it is also used for off-highway operation on trails or 
  4.27  unimproved terrain. 
  4.28     Subd. 13.  [OFF-HIGHWAY VEHICLE.] "Off-highway vehicle" 
  4.29  means an all-terrain vehicle, an off-highway motorcycle, or an 
  4.30  off-road vehicle. 
  4.31     Subd. 14.  [OFF-ROAD.] "Off-road" means on trails or 
  4.32  nonpublic roads or for cross-country travel on natural terrain.  
  4.33  Nonpublic roads include state forest roads, county forest roads, 
  4.34  and other roads and trails that are not operated by a public 
  4.35  road authority as defined in section 160.02, subdivision 9. 
  4.36     Subd. 15.  [OFF-ROAD VEHICLE.] "Off-road vehicle" means a 
  5.1   motor-driven recreational vehicle capable of cross-country 
  5.2   travel on natural terrain without benefit of a road or trail.  
  5.3   Off-road vehicle does not include a snowmobile; an all-terrain 
  5.4   vehicle; a motorcycle; a watercraft; a farm vehicle being used 
  5.5   for farming; a vehicle used for military, fire, emergency, or 
  5.6   law enforcement purposes; a construction or logging vehicle used 
  5.7   in the performance of its common function; a motor vehicle owned 
  5.8   by or operated under contract with a utility, whether publicly 
  5.9   or privately owned, when used for work on utilities; a 
  5.10  commercial vehicle being used for its intended purpose; 
  5.11  snow-grooming equipment when used for its intended purpose; or 
  5.12  an aircraft.  
  5.13     Subd. 16.  [OPERATE.] "Operate" means to ride in or on and 
  5.14  control the operation of a recreational motor vehicle. 
  5.15     Subd. 17.  [OPERATOR.] "Operator" means a person who 
  5.16  operates or is in actual physical control of a recreational 
  5.17  motor vehicle. 
  5.18     Subd. 18.  [OWNER.] "Owner" means a person, other than a 
  5.19  person with a security interest, who has a property interest in 
  5.20  or title to a recreational motor vehicle and is entitled to the 
  5.21  use and possession of the vehicle. 
  5.22     Subd. 19.  [PERSONAL WATERCRAFT.] "Personal watercraft" 
  5.23  means a contrivance used or designed for navigation on water 
  5.24  that is: 
  5.25     (1) powered by an inboard motor powering a water jet pump 
  5.26  or by an outboard or propeller-driven motor; and 
  5.27     (2) designed to be operated by a person or person sitting, 
  5.28  standing, or kneeling on the craft, rather than in the 
  5.29  conventional manner of sitting or standing inside a watercraft. 
  5.30     Subd. 20.  [PUBLIC ROAD RIGHT-OF-WAY.] "Public road 
  5.31  right-of-way" means the entire right-of-way of a public road, 
  5.32  including the traveled portions, banks, ditches, shoulders, and 
  5.33  medians. 
  5.34     Subd. 21.  [RECREATIONAL MOTOR VEHICLE OR 
  5.35  VEHICLE.] "Recreational motor vehicle" or "vehicle" means: 
  5.36     (1) an off-highway motorcycle; 
  6.1      (2) an off-road vehicle; 
  6.2      (3) a snowmobile; 
  6.3      (4) an all-terrain vehicle; 
  6.4      (5) a personal watercraft; or 
  6.5      (6) any other self-propelled vehicle used for off-road 
  6.6   recreational purposes. 
  6.7      Subd. 22.  [ROADWAY.] "Roadway" means that portion of a 
  6.8   highway improved, designed, or ordinarily used for vehicular 
  6.9   travel. 
  6.10     Subd. 23.  [SNOWMOBILE.] "Snowmobile" means a 
  6.11  self-propelled vehicle designed for travel on snow or ice 
  6.12  steered by skis or runners. 
  6.13     Sec. 5.  [84.67] [RECREATIONAL MOTOR VEHICLE REGISTRATION.] 
  6.14     Subdivision 1.  [GENERAL REQUIREMENTS.] Unless exempted 
  6.15  under subdivision 2, a person may not operate and an owner may 
  6.16  not give permission for another to operate a recreational motor 
  6.17  vehicle unless the vehicle is registered under this section. 
  6.18     Subd. 2.  [EXEMPTIONS.] Registration is not required for a 
  6.19  recreational motor vehicle that is: 
  6.20     (1) owned and used by the United States, the state, another 
  6.21  state, or a political subdivision; 
  6.22     (2) registered in another state or country and has not been 
  6.23  in this state for more than 30 consecutive days; or 
  6.24     (3) used exclusively in organized track racing events. 
  6.25     Subd. 3.  [APPLICATION; ISSUANCE.] (a) Application for 
  6.26  registration shall be made to the commissioner or an authorized 
  6.27  deputy registrar of motor vehicles on a form prescribed by the 
  6.28  commissioner.  The form must state the name and address of every 
  6.29  owner of the recreational motor vehicle and must be signed by at 
  6.30  least one owner. 
  6.31     (b) Upon receipt of the application, the appropriate fee, 
  6.32  and proof of insurance, the commissioner shall register the 
  6.33  vehicle, assign a registration number, issue a registration 
  6.34  card, and issue registration plates or decals. 
  6.35     (c) A deputy registrar of motor vehicles acting under 
  6.36  section 168.33 is also a deputy registrar of recreational motor 
  7.1   vehicles.  The commissioner, in cooperation with the 
  7.2   commissioner of public safety, may prescribe the accounting and 
  7.3   procedural requirements necessary to ensure efficient handling 
  7.4   of registrations and registration fees.  Deputy registrars shall 
  7.5   strictly comply with the accounting and procedural requirements. 
  7.6      (d) A fee of $2 in addition to other fees prescribed by law 
  7.7   must be charged for each recreational motor vehicle registered 
  7.8   by: 
  7.9      (1) a deputy registrar and must be deposited in the 
  7.10  treasury of the jurisdiction where the deputy is appointed or 
  7.11  retained if the deputy is not a public official; or 
  7.12     (2) the commissioner and must be deposited in the state 
  7.13  treasury and credited to the recreational motor vehicle account. 
  7.14     (e) A person who purchases a recreational motor vehicle 
  7.15  from a retail dealer shall make application for registration to 
  7.16  the dealer at the point of sale.  The dealer shall issue a 
  7.17  temporary registration permit to each purchaser who applies to 
  7.18  the dealer for registration.  The temporary registration is 
  7.19  valid for 60 days from the date of issue.  Each retail dealer 
  7.20  shall submit completed registrations and fees to the deputy 
  7.21  registrar at least once a week.  Upon receipt of the 
  7.22  application, the appropriate fee, and proof of insurance, the 
  7.23  commissioner shall register the recreational motor vehicle, 
  7.24  assign a registration number, issue a registration card, and 
  7.25  issue registration plates or decals. 
  7.26     Subd. 4.  [REGISTRATION PLATES OR DECALS.] (a) A 
  7.27  recreational motor vehicle must display a registration plate or 
  7.28  decal issued by the commissioner.  A registration plate or decal 
  7.29  must be maintained in a clean and legible condition. 
  7.30     (b) If the vehicle is licensed as a motor vehicle, the 
  7.31  commissioner shall issue a registration decal to be affixed on 
  7.32  the upper left corner of the rear license plate. 
  7.33     (c) If the vehicle is not licensed as a motor vehicle, the 
  7.34  commissioner shall issue: 
  7.35     (1) two plates or decals not less than four inches high and 
  7.36  7-1/2 inches wide, to be displayed on the front and rear of the 
  8.1   registered vehicle; and 
  8.2      (2) a card not less than four inches high and 7-1/2 inches 
  8.3   wide, displaying the registration number, to be affixed to the 
  8.4   outer garments of the vehicle operator. 
  8.5      Subd. 5.  [REGISTRATION CARD.] The commissioner shall issue 
  8.6   a registration card that includes the registration number, date 
  8.7   of registration, make and serial number of the vehicle, odometer 
  8.8   reading of the vehicle, owner's name and address, and any other 
  8.9   additional information the commissioner may require.  
  8.10  Information concerning each registration must be kept by the 
  8.11  commissioner.  If a registration card is lost or destroyed, the 
  8.12  commissioner shall issue a replacement registration card upon 
  8.13  application and payment of the appropriate fee. 
  8.14     Subd. 6.  [REGISTRATION PERIOD.] A recreational motor 
  8.15  vehicle registration is valid for one year and expires on 
  8.16  December 31 of the year issued. 
  8.17     Subd. 7.  [RENEWAL.] A recreational motor vehicle 
  8.18  registration shall be renewed according to subdivision 3. 
  8.19     Subd. 8.  [REPORT OF TRANSFER.] A person who sells or 
  8.20  transfers ownership of a recreational motor vehicle registered 
  8.21  under this section shall report the sale or transfer to the 
  8.22  commissioner within 15 days of the date of transfer.  An 
  8.23  application for transfer must be executed by the registered 
  8.24  owner and the buyer on a form prescribed by the commissioner and 
  8.25  submitted to the commissioner with the owner's registration 
  8.26  card, the buyer's proof of insurance, a bill of sale, and the 
  8.27  appropriate fee. 
  8.28     Subd. 9.  [PROOF OF SALES TAX PAYMENT.] (a) A person 
  8.29  applying for initial registration of a recreational motor 
  8.30  vehicle must provide a vehicle purchaser's certificate showing a 
  8.31  complete description of the vehicle, the seller's name and 
  8.32  address, the full purchase price of the vehicle, and the 
  8.33  trade-in allowance, if any.  The certificate must include 
  8.34  information showing that:  
  8.35     (1) the sales and use tax under chapter 297A was paid; or 
  8.36     (2) the purchase was exempt from tax under chapter 297A. 
  9.1      (b) The commissioner of public safety, in consultation with 
  9.2   the commissioner and the commissioner of revenue, shall 
  9.3   prescribe the form of the certificate. 
  9.4      (c) A vehicle purchaser's certificate is not required if 
  9.5   the applicant provides a receipt, invoice, or other document 
  9.6   that shows the vehicle was purchased from a retailer maintaining 
  9.7   a place of business in this state as defined in section 297A.21, 
  9.8   subdivision 1. 
  9.9      Subd. 10.  [FEES.] (a) The registration fee for a 
  9.10  recreational motor vehicle is: 
  9.11     (1) $15 for vehicles purchased for less than $3,000; 
  9.12     (2) $20 for vehicles purchased for $3,000 to $4,999; 
  9.13     (3) $25 for vehicles purchased for $5,000 to $6,999; and 
  9.14     (4) $30 for vehicles purchased for $7,000 or more. 
  9.15     (b) The fee for a replacement registration card or a 
  9.16  transfer of registration is $4.  
  9.17     (c) The total registration fee for all recreational motor 
  9.18  vehicles owned by a dealer and operated for demonstration or 
  9.19  testing purposes is $50.  Dealer registrations are not 
  9.20  transferable.  
  9.21     (d) The total registration fee for all recreational motor 
  9.22  vehicles owned by a manufacturer and operated for research, 
  9.23  testing, experimentation, or demonstration purposes is $150.  
  9.24  Manufacturer registrations are not transferable. 
  9.25     (e) The fees collected under this subdivision shall be 
  9.26  deposited in the state treasury and credited to the recreational 
  9.27  motor vehicle account in the natural resources fund. 
  9.28     Subd. 11.  [LICENSING BY POLITICAL SUBDIVISIONS.] A 
  9.29  political subdivision may not require licensing or registration 
  9.30  of recreational motor vehicles. 
  9.31     Subd. 12.  [REGISTRATION BY MINORS PROHIBITED.] A person 
  9.32  under the age of 18 may not register a recreational motor 
  9.33  vehicle. 
  9.34     Subd. 13.  [COLLECTOR SNOWMOBILES.] The commissioner may 
  9.35  issue a special permit to a person or organization to operate or 
  9.36  transport a collector snowmobile without registration in parades 
 10.1   or organized group outings, such as races, rallies, and other 
 10.2   promotional events and for up to ten days each year for personal 
 10.3   transportation.  The commissioner may impose a reasonable 
 10.4   restriction on a permittee and may revoke, amend, suspend, or 
 10.5   modify a permit for cause. 
 10.6      Sec. 6.  [84.68] [DRIVER'S LICENSE REQUIRED; ENDORSEMENT; 
 10.7   INSTRUCTION PERMITS.] 
 10.8      Subdivision 1.  [PROHIBITION; OPERATOR.] Except as provided 
 10.9   in subdivision 2, no recreational motor vehicle shall be 
 10.10  operated on public lands, roads, trails, or waters by a person 
 10.11  who does not possess a valid driver's license issued under 
 10.12  chapter 171 with the appropriate recreational motor vehicle 
 10.13  endorsement, or issued by another state. 
 10.14     Subd. 2.  [INSTRUCTION PERMITS.] (a) A recreational motor 
 10.15  vehicle may be operated on public lands, roads, trails, or 
 10.16  waters by a person who is 15 or 16 years of age and who 
 10.17  possesses a valid instruction permit issued under section 171.05 
 10.18  if the person is enrolled in a recreational motor vehicle safety 
 10.19  course offered under section 84.685 and is accompanied by a 
 10.20  licensed driver. 
 10.21     (b) A recreational motor vehicle may be operated on public 
 10.22  lands, roads, trails, or waters by a person who possesses a 
 10.23  valid driver's license and a valid recreational motor vehicle 
 10.24  instruction permit issued under subdivision 4. 
 10.25     Subd. 3.  [ENDORSEMENT.] (a) The commissioner of public 
 10.26  safety shall issue a recreational motor vehicle endorsement if 
 10.27  the applicant: 
 10.28     (1) possesses a valid recreational motor vehicle 
 10.29  instruction permit as provided in subdivision 4; 
 10.30     (2) passes a written examination and operational test 
 10.31  administered by the department of natural resources; 
 10.32     (3) possesses a certificate or other evidence of having 
 10.33  successfully completed a recreational motor vehicle safety 
 10.34  course offered under section 84.685; and 
 10.35     (4) pays a fee of $21. 
 10.36     (b) The fee collected under paragraph (a) shall be disposed 
 11.1   of as follows: 
 11.2      (1) $11 shall be credited to the recreational motor vehicle 
 11.3   account; 
 11.4      (2) $2.50 shall be credited to the trunk highway fund; and 
 11.5      (3) $7.50 shall be credited to the general fund. 
 11.6      Subd. 4.  [RECREATIONAL MOTOR VEHICLE INSTRUCTION 
 11.7   PERMIT.] (a) The commissioner of natural resources shall issue a 
 11.8   recreational motor vehicle instruction permit to a person over 
 11.9   16 years of age who: 
 11.10     (1) possesses a valid driver's license; 
 11.11     (2) is enrolled in a recreational motor vehicle safety 
 11.12  course offered under section 84.865; 
 11.13     (3) passes a written examination; and 
 11.14     (4) pays a $9.50 fee, to be credited to the recreational 
 11.15  motor vehicle account. 
 11.16     (b) A recreational motor vehicle instruction permit shall 
 11.17  be effective for 45 days and may be renewed under rules to be 
 11.18  prescribed by the commissioner of natural resources. 
 11.19     (c) No person who is operating a recreational motor vehicle 
 11.20  under an instruction permit issued under this subdivision shall: 
 11.21     (1) carry a passenger on the recreational motor vehicle; or 
 11.22     (2) operate the recreational motor vehicle at night. 
 11.23     Subd. 5.  [PROHIBITION; OWNER.] An owner of a recreational 
 11.24  motor vehicle may not knowingly allow it to be operated in 
 11.25  violation of this section.  
 11.26     Sec. 7.  [84.685] [EDUCATION AND TRAINING.] 
 11.27     Subdivision 1.  [EDUCATION PROGRAM.] The commissioner shall 
 11.28  establish a comprehensive recreational motor vehicle information 
 11.29  and safety education and training program, including: 
 11.30     (1) preparation and dissemination of vehicle information 
 11.31  and safety advice to the public; 
 11.32     (2) training recreational motor vehicle operators; 
 11.33     (3) administration of the recreational motor vehicle safety 
 11.34  course required under section 84.68, subdivisions 2 to 4; and 
 11.35     (4) administration of the examinations and operational test 
 11.36  required under section 84.68, subdivisions 3 and 4. 
 12.1      Subd. 2.  [FEE.] To defray a portion of the expenses of 
 12.2   training vehicle operators, the commissioner shall collect a fee 
 12.3   of $5 from each person who enrolls in a training or safety 
 12.4   course.  The fees must be deposited in the state treasury and 
 12.5   credited to the recreational motor vehicle account. 
 12.6      Subd. 3.  [CONSULTATION.] The commissioner shall consult 
 12.7   with the commissioner of public safety regarding course and 
 12.8   examination content and performance testing that leads to 
 12.9   permitting and endorsement of recreational motor vehicle 
 12.10  operators. 
 12.11     Sec. 8.  [84.69] [RECREATIONAL MOTOR VEHICLE LIABILITY 
 12.12  INSURANCE.] 
 12.13     Subdivision 1.  [REQUIREMENT.] An owner of a recreational 
 12.14  motor vehicle must obtain and maintain liability insurance that 
 12.15  meets the requirements of this section.  The liability insurance 
 12.16  may be a separate recreational motor vehicle policy or a rider 
 12.17  to another type of policy.  For purposes of this section, 
 12.18  "policy" means coverage provided in either form. 
 12.19     Subd. 2.  [REQUIRED PROVISIONS.] A recreational motor 
 12.20  vehicle liability insurance policy required under subdivision 1 
 12.21  shall, at a minimum: 
 12.22     (1) state the name and address of the insured, the name and 
 12.23  address of the insurer, the policy number, the coverage provided 
 12.24  by the policy, the premium charged, the term, the limits of 
 12.25  liability, the vehicle's manufacturer's permanent identification 
 12.26  number if the vehicle has one, and the vehicle's registration 
 12.27  number; 
 12.28     (2) state that the coverage meets at least the minimum 
 12.29  requirements of this section; 
 12.30     (3) have stated limits of liability, exclusive of interest 
 12.31  and costs, with respect to each vehicle that the policy covers, 
 12.32  of not less than $30,000 for bodily injury to one person in any 
 12.33  one accident and, subject to that limit for one person, of not 
 12.34  less than $60,000 for bodily injury to two or more persons in 
 12.35  any one accident; and 
 12.36     (4) obligate the insurer to pay, on behalf of the insured 
 13.1   or anyone else using the vehicle with the owner's permission, 
 13.2   amounts that the insured or other user is legally obligated to 
 13.3   pay as damages for bodily injury arising out of the ownership, 
 13.4   maintenance, or use of a vehicle if the injury occurs within the 
 13.5   United States or Canada. 
 13.6      Subd. 3.  [PROOF OF INSURANCE REQUIRED.] (a) A vehicle 
 13.7   registration or registration transfer shall not be granted 
 13.8   unless the owner displays proof of insurance under this section 
 13.9   at the time of application. 
 13.10     (b) A vehicle user shall have proof of insurance in 
 13.11  possession at all times while using the vehicle and shall 
 13.12  display it on demand of a conservation officer of the department 
 13.13  of natural resources or other peace officer as defined in 
 13.14  section 626.84. 
 13.15     Subd. 4.  [SEASONAL COVERAGE PERMITTED.] The commissioner 
 13.16  may prescribe appropriate seasonal coverage for each type of 
 13.17  vehicle. 
 13.18     Subd. 5.  [NONCONFORMING COVERAGE PROHIBITED.] No policy 
 13.19  covering a recreational motor vehicle, including a policy 
 13.20  providing only property insurance, shall be issued or renewed 
 13.21  unless the policy provides liability insurance as required under 
 13.22  this subdivision. 
 13.23     Subd. 6.  [MINNESOTA JOINT UNDERWRITING ASSOCIATION.] The 
 13.24  market assistance plan of the Minnesota joint underwriting 
 13.25  association shall assist persons in obtaining insurance 
 13.26  coverage.  The Minnesota joint underwriting association shall 
 13.27  provide coverage required by this section to persons who are 
 13.28  otherwise rejected for insurance coverage.  
 13.29     Subd. 7.  [IMPOUNDMENT.] (a) A recreational motor vehicle 
 13.30  shall be impounded in accordance with this subdivision for a 
 13.31  violation of subdivision 1 or 3, paragraph (b).  As used in this 
 13.32  subdivision, "impoundment" means the removal of a vehicle to a 
 13.33  storage facility or impound lot. 
 13.34     (b) An impounded vehicle shall be released from impoundment 
 13.35  to the registered owner, a person authorized by the registered 
 13.36  owner, a lienholder of record, or a person who has purchased the 
 14.1   vehicle from the registered owner, who provides proof of 
 14.2   ownership of the vehicle and proof of insurance required under 
 14.3   this section. 
 14.4      (c) Proof of ownership and insurance shall be provided to 
 14.5   the law enforcement agency impounding the vehicle or to the 
 14.6   person or entity designated by the law enforcement agency to 
 14.7   receive the information. 
 14.8      (d) No law enforcement agency, local unit of government, or 
 14.9   state agency is responsible or financially liable for any 
 14.10  storage fees incurred due to an impoundment under this section. 
 14.11     (e) An impounded vehicle is subject to forfeiture under 
 14.12  section 169.1217, subdivisions 7a, 8, and 9, 45 days after the 
 14.13  date of impoundment. 
 14.14     Sec. 9.  [84.70] [ENFORCEMENT; FUNDING PRIORITY.] 
 14.15     Subdivision 1.  [RECREATIONAL MOTOR VEHICLE ENFORCEMENT.] 
 14.16  The commissioner shall create a section of recreational motor 
 14.17  vehicle enforcement within the enforcement division of the 
 14.18  department of natural resources.  The section shall include at 
 14.19  least one recreational motor vehicle enforcement coordinator for 
 14.20  each department of natural resources region and at least one 
 14.21  recreational motor vehicle enforcement officer for each 
 14.22  department of natural resources area.  
 14.23     Subd. 2.  [FUNDING PRIORITY.] Priority for appropriations 
 14.24  from the recreational motor vehicle account shall be given to 
 14.25  the enforcement needs of the section. 
 14.26     Sec. 10.  [84.71] [RECREATIONAL MOTOR VEHICLE ACCOUNT.] 
 14.27     Subdivision 1.  [CREATION.] There is created in the state 
 14.28  treasury an account known as the recreational motor vehicle 
 14.29  account in the natural resources fund.  
 14.30     Subd. 2.  [REVENUE.] The following money shall be deposited 
 14.31  in the state treasury and credited to the recreational motor 
 14.32  vehicle account: 
 14.33     (1) fees from the registration of recreational motor 
 14.34  vehicles; 
 14.35     (2) the unrefunded gasoline tax attributable to 
 14.36  recreational motor vehicle use according to section 296.16; 
 15.1      (3) proceeds from the sale of recreational motor vehicles 
 15.2   forfeited according to section 169.1217; and 
 15.3      (4) fees from training, endorsement, and permitting 
 15.4   programs. 
 15.5      Subd. 3.  [PURPOSES.] The money deposited in the 
 15.6   recreational motor vehicle account and interest earned on that 
 15.7   money may be expended only as appropriated by law for the 
 15.8   following purposes: 
 15.9      (1) to administer and enforce sections 84.66 to 84.934; 
 15.10     (2) to conduct environmental assessment worksheets and 
 15.11  environmental impact statements under section 85.015, 
 15.12  subdivision 1d; 
 15.13     (3) to make reparations for personal injuries or property 
 15.14  damage resulting from the use of recreational motor vehicles; 
 15.15     (4) to fund grant-in-aid programs for counties and 
 15.16  municipalities to maintain recreational motor vehicle trails and 
 15.17  use areas; 
 15.18     (5) to maintain state recreational motor vehicle trails and 
 15.19  use areas; 
 15.20     (6) to fund recreational motor vehicle safety programs; and 
 15.21     (7) to fund grants-in-aid to local safety programs. 
 15.22     Subd. 4.  [FUNDING RECIPIENTS.] Recipients of grant-in-aid 
 15.23  program money are afforded the same protection and are held to 
 15.24  the same standard of liability as a political subdivision under 
 15.25  chapter 466 for activities associated with the administration, 
 15.26  design, construction, maintenance, and grooming of recreational 
 15.27  motor vehicle trails and use areas. 
 15.28     Sec. 11.  [84.715] [NOISE EMISSIONS.] 
 15.29     No recreational motor vehicle shall be sold, offered for 
 15.30  sale, or operated in this state unless equipped so that overall 
 15.31  noise emission does not exceed a sound level limitation of not 
 15.32  more than 79 decibels on the A scale from a distance of 20 
 15.33  inches using test procedures and instrumentation as set forth in 
 15.34  the Society of Automotive Engineers' Standard, SAE J1287, June 
 15.35  1988, or, if different procedures or instrumentation are used, a 
 15.36  noise level equivalent to that level. 
 16.1      Sec. 12.  [84.72] [LIMITATIONS ON THE OPERATION OF 
 16.2   RECREATIONAL MOTOR VEHICLES.] 
 16.3      Subdivision 1.  [TRESPASS.] No person shall enter onto and 
 16.4   operate a recreational motor vehicle on lands not owned by the 
 16.5   person, except where otherwise allowed by law, without the 
 16.6   written or oral permission of the owner, occupant, or lessee of 
 16.7   such lands.  Written permission may be given by a posted notice 
 16.8   of any kind or description that the owner, occupant, or lessee 
 16.9   prefers, so long as it specifies the kind of vehicles allowed, 
 16.10  such as by saying "Recreational Vehicles Allowed," "Snowmobiles 
 16.11  Allowed," "Trail Bikes Allowed," "All-Terrain Vehicles Allowed," 
 16.12  or words substantially similar.  
 16.13     Subd. 2.  [DESTRUCTION OF PROPERTY.] It is unlawful for a 
 16.14  person to post, mutilate, or remove any notice or sign provided 
 16.15  for in this section upon any lands or waters over which the 
 16.16  person has no right, title, interest, or license.  It is 
 16.17  unlawful for a person other than a duly constituted legal 
 16.18  authority to post any public lands, including but not limited to 
 16.19  tax-forfeited lands, as described in subdivision 1.  It is 
 16.20  unlawful for a person to mutilate, destroy, damage, or remove 
 16.21  any shelter, comfort station, or other facility on a trail or in 
 16.22  a use area established on state-owned land or on a recreational 
 16.23  trail or in a use area that is funded in whole or in part by 
 16.24  state grant-in-aid funds.  
 16.25     Subd. 3.  [GATES AND FENCES.] No person shall enter or 
 16.26  leave the lands of another with a recreational motor vehicle, or 
 16.27  pass from one portion of such lands to another portion, through 
 16.28  a closed gate, without returning the gate to its original 
 16.29  position.  No person shall enter or leave the lands of another 
 16.30  with a recreational motor vehicle by cutting a wire or tearing 
 16.31  down or destroying a fence.  
 16.32     Subd. 4.  [LOCAL AUTHORITY.] Nothing in this section shall 
 16.33  limit or otherwise qualify the power of municipalities, 
 16.34  counties, school districts, or other political subdivisions of 
 16.35  the state or any agency of the state to impose additional 
 16.36  restrictions or prohibitions on the operation of recreational 
 17.1   motor vehicles on property not owned by the operator in 
 17.2   accordance with law.  
 17.3      Sec. 13.  [84.725] [LIMITATIONS ON THE OPERATION OF 
 17.4   OFF-HIGHWAY VEHICLES.] 
 17.5      Subdivision 1.  [RECREATIONAL USE ON PUBLIC LANDS 
 17.6   PROHIBITED.] An off-highway vehicle may not be operated on 
 17.7   public lands, roads, trails, or waters for a recreational 
 17.8   purpose.  An off-highway vehicle may be operated on public 
 17.9   lands, roads, trails, or waters only: 
 17.10     (1) for an agricultural purpose; 
 17.11     (2) for military, fire, emergency, or law enforcement 
 17.12  purposes; 
 17.13     (3) if the vehicle is owned and used by the United States, 
 17.14  the state, another state, or a political subdivision; or 
 17.15     (4) by a licensed hunter or trapper for transportation 
 17.16  purposes. 
 17.17     Subd. 2.  [EXCEPTIONS.] (a) An off-highway motorcycle 
 17.18  registered under chapter 168 for highway use may be operated on 
 17.19  public roads for recreational purposes. 
 17.20     (b) An off-highway vehicle may be operated for recreational 
 17.21  purposes on public lands and trails that were specifically 
 17.22  designated for off-highway vehicle use prior to January 1, 1999, 
 17.23  only after completion of an environmental assessment worksheet 
 17.24  according to section 85.015, subdivision 1d. 
 17.25     Subd. 3.  [RECREATIONAL USE ON PRIVATE LAND.] Nothing in 
 17.26  this section shall be construed to limit the right to operate an 
 17.27  off-highway vehicle for recreational purposes on private land 
 17.28  with the permission of the landowner. 
 17.29     Sec. 14.  [84.73] [PROHIBITED OPERATION.] 
 17.30     Subdivision 1.  [ALCOHOL OR CONTROLLED SUBSTANCE; 
 17.31  OWNER.] No owner or other person having charge or control of a 
 17.32  recreational motor vehicle shall authorize or permit an 
 17.33  individual the person knows or has reason to believe is under 
 17.34  the influence of alcohol or a controlled substance or other 
 17.35  substance to operate the recreational motor vehicle anywhere in 
 17.36  this state or on the ice of any boundary water of this state. 
 18.1      Subd. 2.  [DISABILITY; OWNER.] No owner or other person 
 18.2   having charge or control of a recreational motor vehicle shall 
 18.3   knowingly authorize or permit any person, who by reason of any 
 18.4   physical or mental disability is incapable of operating the 
 18.5   vehicle, to operate the recreational motor vehicle anywhere in 
 18.6   this state or on the ice of any boundary water of this state. 
 18.7      Subd. 3.  [ALCOHOL OR CONTROLLED SUBSTANCE; OPERATOR.] A 
 18.8   person who operates or is in physical control of a recreational 
 18.9   motor vehicle anywhere in this state or on the ice of any 
 18.10  boundary water of this state is subject to sections 169.121 to 
 18.11  169.1218 and 169.123 to 169.129.  In addition to the applicable 
 18.12  sanctions under chapter 169, a person who is convicted of 
 18.13  violating section 169.121 while operating a recreational motor 
 18.14  vehicle, or who refuses to comply with a lawful request to 
 18.15  submit to testing under section 169.123, shall be prohibited 
 18.16  from operating the recreational motor vehicle for a period of 
 18.17  one year.  The commissioner shall notify the convicted person of 
 18.18  the period during which the person is prohibited from operating 
 18.19  a recreational motor vehicle.  
 18.20     Subd. 4.  [OPERATING PRIVILEGES.] Administrative and 
 18.21  judicial review of the operating privileges prohibition is 
 18.22  governed by section 97B.066, subdivisions 7 to 9, if the person 
 18.23  does not have a prior impaired driving conviction or prior 
 18.24  license revocation, as defined in section 169.121, subdivision 
 18.25  3.  Otherwise, administrative and judicial review of the 
 18.26  prohibition is governed by section 169.123.  
 18.27     Subd. 5.  [REPORTING.] The court shall promptly forward to 
 18.28  the commissioner and the department of public safety copies of 
 18.29  all convictions and criminal and civil sanctions imposed under 
 18.30  this section and chapter 169 relating to recreational motor 
 18.31  vehicles.  
 18.32     Sec. 15.  [84.74] [ACCIDENT REPORTING.] 
 18.33     Subdivision 1.  [DEATH REPORTS.] (a) Every coroner or 
 18.34  medical examiner shall report in writing to the department of 
 18.35  natural resources the death of any person within the 
 18.36  jurisdiction of the coroner or medical examiner as the result of 
 19.1   an accident involving a recreational motor vehicle, and the 
 19.2   circumstances of the accident.  The report shall be made within 
 19.3   15 days after the death. 
 19.4      (b) In the case of drivers killed in recreational motor 
 19.5   vehicle accidents and of the death of passengers 14 years of age 
 19.6   or older, who die within four hours after accident, the coroner 
 19.7   or medical examiner shall examine the body and shall make tests 
 19.8   as are necessary to determine the presence and percentage 
 19.9   concentration of alcohol, and drugs if feasible, in the blood of 
 19.10  the victim.  This information shall be included in each report 
 19.11  submitted pursuant to the provisions of this subdivision and 
 19.12  shall be tabulated by the department of natural resources.  
 19.13  Periodically, the commissioner of natural resources must 
 19.14  transmit a summary of the reports to the commissioner of public 
 19.15  safety. 
 19.16     Subd. 2.  [ACCIDENT AND INJURY REPORTS.] A peace officer 
 19.17  investigating a recreational motor vehicle accident resulting in 
 19.18  injury requiring medical attention or hospitalization to a 
 19.19  person or total damage to an extent of $500 or more shall 
 19.20  forward a written report of the accident to the commissioners of 
 19.21  public safety and natural resources, on such form as the 
 19.22  commissioner of public safety shall prescribe, within 15 days of 
 19.23  the accident.  The commissioner of public safety shall include 
 19.24  reports of accidents under this subdivision in the driving 
 19.25  records of individuals as provided under section 171.12, 
 19.26  subdivision 2. 
 19.27     Sec. 16.  [84.75] [LAND USE FOR CERTAIN VEHICLES 
 19.28  RESTRICTED.] 
 19.29     Except as provided under section 84.725, subdivision 2, 
 19.30  paragraph (b), the commissioner may not allow the use of state 
 19.31  lands or acquire private lands for development or operation of a 
 19.32  motor sports area or trail for use by off-highway vehicles. 
 19.33     Sec. 17.  [84.76] [PENALTY.] 
 19.34     A person who violates a provision of sections 84.66 to 
 19.35  84.75 or rules adopted thereunder is guilty of a misdemeanor. 
 19.36     Sec. 18.  Minnesota Statutes 1996, section 84.79, is 
 20.1   amended to read: 
 20.2      84.79 [RULEMAKING; ACCIDENT REPORT.] 
 20.3      (a) With a view of achieving proper use of off-highway 
 20.4   motorcycles consistent with protection of the environment, the 
 20.5   commissioner, in consultation with the commissioners of public 
 20.6   safety and transportation, shall adopt rules under chapter 14 
 20.7   relating to: 
 20.8      (1) registration of off-highway motorcycles and display of 
 20.9   registration numbers; 
 20.10     (2) use of off-highway motorcycles insofar as game and fish 
 20.11  resources are affected; 
 20.12     (3) use of off-highway motorcycles on public lands and 
 20.13  waters under the jurisdiction of the commissioner; 
 20.14     (4) uniform signs to be used by the state, counties, and 
 20.15  cities necessary or desirable to control, direct, or regulate 
 20.16  the operation and use of off-highway motorcycles; and 
 20.17     (5) off-highway motorcycle sound levels. 
 20.18     (b) The commissioner of public safety, in consultation with 
 20.19  the commissioners of natural resources and transportation, may 
 20.20  adopt rules under chapter 14 regulating the use of off-highway 
 20.21  motorcycles on public roads. 
 20.22     (c) The operator and an officer investigating an accident 
 20.23  of an off-highway motorcycle resulting in injury requiring 
 20.24  medical attention or hospitalization to or death of a person or 
 20.25  total damage to an extent of $500 or more shall forward within 
 20.26  ten days a written report of the accident to the commissioner on 
 20.27  a form prescribed by the commissioner. 
 20.28     Sec. 19.  Minnesota Statutes 1996, section 84.795, 
 20.29  subdivision 1, is amended to read: 
 20.30     Subdivision 1.  [OPERATION ON PUBLIC ROAD RIGHTS-OF-WAY.] 
 20.31  (a) A person may not operate an off-highway motorcycle within 
 20.32  the right-of-way of a town road or a trunk, county state-aid, or 
 20.33  county highway in this state unless the right-of-way encompasses:
 20.34     (1) a trail administered by the commissioner and designated 
 20.35  for off-highway motorcycle use or multiple use; or 
 20.36     (2) a corridor access trail designated under paragraph (b). 
 21.1      (b) A road authority, as defined in section 160.02, 
 21.2   subdivision 9, may designate, with the approval of the 
 21.3   commissioner, corridor access trails on public road 
 21.4   rights-of-way for gaining access to established off-highway 
 21.5   motorcycle trails. 
 21.6      (c) A person may not operate an off-highway motorcycle upon 
 21.7   a trunk, county state-aid, or county highway in this state 
 21.8   unless the vehicle is equipped with at least one headlight and 
 21.9   one taillight, each of minimum candlepower as prescribed by rule 
 21.10  of the commissioner, and with brakes conforming to standards 
 21.11  prescribed by rule of the commissioner, all of which are subject 
 21.12  to the approval of the commissioner of public safety. 
 21.13     (d) A person may not operate an off-highway motorcycle at 
 21.14  any time within the right-of-way of an interstate highway or 
 21.15  freeway within this state. 
 21.16     Sec. 20.  Minnesota Statutes 1996, section 84.795, 
 21.17  subdivision 8, is amended to read: 
 21.18     Subd. 8.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] A 
 21.19  county, city, or town, acting through its governing body, may 
 21.20  regulate the operation of off-highway motorcycles on public 
 21.21  lands, waters, and property under its jurisdiction other than 
 21.22  public road rights-of-way within its boundaries, by resolution 
 21.23  or ordinance of the governing body and by giving appropriate 
 21.24  notice, provided that: 
 21.25     (1) the regulations must be consistent with sections 84.787 
 21.26  84.66 to 84.796 and rules adopted under section 84.79 those 
 21.27  sections; and 
 21.28     (2) an ordinance may not impose a fee for the use of public 
 21.29  land or water under the jurisdiction of either the department of 
 21.30  natural resources or another agency of the state, or for the use 
 21.31  of an access to it owned by the state, a county, or a city; and 
 21.32     (3) an ordinance may not require an off-highway motorcycle 
 21.33  operator to possess a motor vehicle driver's license while 
 21.34  operating an off-highway motorcycle.  
 21.35     Sec. 21.  Minnesota Statutes 1996, section 84.796, is 
 21.36  amended to read: 
 22.1      84.796 [PENALTIES.] 
 22.2      (a) A person who violates a provision of section 84.788, 
 22.3   84.789, 84.792, 84.793, or 84.795 is guilty of a misdemeanor. 
 22.4      (b) A person who violates a provision of a rule adopted 
 22.5   under section 84.79 is guilty of a petty misdemeanor. 
 22.6      Sec. 22.  Minnesota Statutes 1996, section 84.804, 
 22.7   subdivision 6, is amended to read: 
 22.8      Subd. 6.  [REGULATION BY POLITICAL SUBDIVISIONS.] (a) 
 22.9   Subject to paragraphs (b) and (c), a county, city, or town 
 22.10  acting through its governing body may regulate the operation of 
 22.11  off-road vehicles on public lands, waters, and property under 
 22.12  its jurisdiction, other than public road rights-of-way within 
 22.13  its boundaries, by ordinance of the governing body and by giving 
 22.14  appropriate notice. 
 22.15     (b) The ordinance must be consistent with sections 84.797 
 22.16  84.66 to 84.76, 84.799 to 84.805, and rules adopted under 
 22.17  section 84.80. 
 22.18     (c) An ordinance may not impose a fee for the use of public 
 22.19  land or water under the jurisdiction of the department of 
 22.20  natural resources or another agency of the state, or for the use 
 22.21  of an access to the public land or water owned by the state, a 
 22.22  county, or a city. 
 22.23     Sec. 23.  Minnesota Statutes 1997 Supplement, section 
 22.24  84.8205, is amended to read: 
 22.25     84.8205 [SNOWMOBILE STATE TRAIL PERMIT.] 
 22.26     A snowmobile that is not registered in this state may not 
 22.27  be operated on a state or grant-in-aid snowmobile trail unless 
 22.28  the snowmobile operator has in possession a snowmobile state 
 22.29  trail permit.  The commissioner of natural resources shall issue 
 22.30  a permit upon application and payment of a $15 fee.  The permit 
 22.31  is valid from November 1 through April 30.  Fees collected under 
 22.32  this section shall be deposited in the state treasury and 
 22.33  credited to the snowmobile trails and enforcement recreational 
 22.34  motor vehicle account in the natural resources fund. 
 22.35     Sec. 24.  Minnesota Statutes 1997 Supplement, section 
 22.36  84.86, subdivision 1, is amended to read: 
 23.1      Subdivision 1.  With a view of achieving maximum use of 
 23.2   snowmobiles consistent with protection of the environment the 
 23.3   commissioner of natural resources shall adopt rules in the 
 23.4   manner provided by chapter 14, for the following purposes: 
 23.5      (1) Registration of snowmobiles and display of registration 
 23.6   numbers. 
 23.7      (2) Use of snowmobiles insofar as game and fish resources 
 23.8   are affected. 
 23.9      (3) Use of snowmobiles on public lands and waters, or on 
 23.10  grant-in-aid trails. 
 23.11     (4) Uniform signs to be used by the state, counties, and 
 23.12  cities, which are necessary or desirable to control, direct, or 
 23.13  regulate the operation and use of snowmobiles. 
 23.14     (5) Specifications relating to snowmobile mufflers. 
 23.15     (6) A comprehensive snowmobile information and safety 
 23.16  education and training program, including but not limited to the 
 23.17  preparation and dissemination of snowmobile information and 
 23.18  safety advice to the public, the training of snowmobile 
 23.19  operators, and the issuance of snowmobile safety certificates to 
 23.20  snowmobile operators who successfully complete the snowmobile 
 23.21  safety education and training course.  For the purpose of 
 23.22  administering such program and to defray a portion of the 
 23.23  expenses of training and certifying snowmobile operators, the 
 23.24  commissioner shall collect a fee of not to exceed $5 from each 
 23.25  person who receives the youth and young adult training and a fee 
 23.26  established under chapter 16A from each person who receives the 
 23.27  adult training.  The commissioner shall deposit the fee in the 
 23.28  snowmobile trails and enforcement account and the amount thereof 
 23.29  is appropriated annually to the commissioner of natural 
 23.30  resources for the administration of such programs.  The 
 23.31  commissioner shall cooperate with private organizations and 
 23.32  associations, private and public corporations, and local 
 23.33  governmental units in furtherance of the program established 
 23.34  under this clause.  The commissioner shall consult with the 
 23.35  commissioner of public safety in regard to training program 
 23.36  subject matter and performance testing that leads to the 
 24.1   certification of snowmobile operators consistent with section 
 24.2   84.685. 
 24.3      (7) The operator of any snowmobile involved in an accident 
 24.4   resulting in injury requiring medical attention or 
 24.5   hospitalization to or death of any person or total damage to an 
 24.6   extent of $500 or more, shall forward a written report of the 
 24.7   accident to the commissioner on such form as the commissioner 
 24.8   shall prescribe.  If the operator is killed or is unable to file 
 24.9   a report due to incapacitation, any peace officer investigating 
 24.10  the accident shall file the accident report within ten business 
 24.11  days. 
 24.12     Sec. 25.  Minnesota Statutes 1997 Supplement, section 
 24.13  84.87, subdivision 2, is amended to read: 
 24.14     Subd. 2.  [OPERATION GENERALLY.] It shall be unlawful for 
 24.15  any person to drive or operate any snowmobile in the following 
 24.16  unsafe or harassing ways: 
 24.17     (1) at a rate of speed greater than reasonable or proper 
 24.18  under all the surrounding circumstances 30 miles per hour; 
 24.19     (2) in a careless, reckless or negligent manner so as to 
 24.20  endanger the person or property of another or to cause injury or 
 24.21  damage thereto; 
 24.22     (3) without a lighted head and taillight when required for 
 24.23  safety; or 
 24.24     (4) in any tree nursery or planting in a manner which 
 24.25  damages or destroys growing stock. 
 24.26     Sec. 26.  Minnesota Statutes 1996, section 84.87, 
 24.27  subdivision 2c, is amended to read: 
 24.28     Subd. 2c.  [APPLICATION OF SPEED LIMITS TO TESTING 
 24.29  ACTIVITIES.] (a) A The speed limit established by the 
 24.30  commissioner in rules adopted under section 84.86 specified 
 24.31  under subdivision 2 does not apply to a snowmobile that is being 
 24.32  operated as part of a testing program established by a 
 24.33  snowmobile manufacturer if: 
 24.34     (1) the snowmobile is operated for testing purposes by a 
 24.35  driver employed by the snowmobile manufacturer; 
 24.36     (2) the snowmobile is clearly marked as a test machine; and 
 25.1      (3) the snowmobile is operated in compliance with all other 
 25.2   applicable laws and rules. 
 25.3      (b) A card containing a photograph of the driver and 
 25.4   identifying the driver as a test driver for the manufacturer 
 25.5   must be in the driver's possession at all times when the 
 25.6   snowmobile is being operated at a speed in excess of the limit 
 25.7   established by the commissioner specified under this section 
 25.8   84.86. 
 25.9      Sec. 27.  Minnesota Statutes 1996, section 84.87, 
 25.10  subdivision 3, is amended to read: 
 25.11     Subd. 3.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] 
 25.12  Notwithstanding anything in this section to the contrary, a 
 25.13  county board may by resolution permit the operation of 
 25.14  snowmobiles upon the roadway, shoulder, or inside bank or slope 
 25.15  of any county highway or county state aid highway if safe 
 25.16  operation in the ditch or outside bank or slope thereof is 
 25.17  impossible, in which case the county board shall cause 
 25.18  appropriate notice thereof to be given. 
 25.19     Any county, city, or any town acting by its town board, may 
 25.20  regulate the operation of snowmobiles on public lands, waters, 
 25.21  and property under their jurisdiction and on streets and 
 25.22  highways within their boundaries by resolution or ordinance of 
 25.23  the governing body and by giving appropriate notice, provided 
 25.24  such regulations are not inconsistent with the provisions of 
 25.25  sections 84.81 84.66 to 84.76 and 84.8205 to 84.88 inclusive and 
 25.26  rules promulgated thereunder.  However, no such governmental 
 25.27  unit may adopt an ordinance which (1) that imposes a fee for the 
 25.28  use of public land or water under the jurisdiction of either the 
 25.29  commissioner of natural resources or any other agency of the 
 25.30  state, or for the use of any access thereto owned by the state, 
 25.31  or a county or city; or (2) require a snowmobile operator to 
 25.32  possess a motor vehicle driver's license while operating a 
 25.33  snowmobile. 
 25.34     Sec. 28.  Minnesota Statutes 1996, section 84.871, is 
 25.35  amended to read: 
 25.36     84.871 [MUFFLERS EQUIPMENT REQUIREMENTS.] 
 26.1      Subdivision 1.  [MUFFLERS.] Except as provided in this 
 26.2   section, every snowmobile shall be equipped at all times with a 
 26.3   muffler in good working order which blends the exhaust noise 
 26.4   into the overall snowmobile noise and is in constant operation 
 26.5   to prevent excessive or unusual noise.  The exhaust system shall 
 26.6   not emit or produce a sharp popping or crackling sound.  This 
 26.7   section does not apply to organized races or similar competitive 
 26.8   events held on (1) private lands, with the permission of the 
 26.9   owner, lessee, or custodian of the land; (2) public lands and 
 26.10  water under the jurisdiction of the commissioner of natural 
 26.11  resources, with the commissioner's permission; or (3) other 
 26.12  public lands, with the consent of the public agency owning the 
 26.13  land.  No person shall have for sale, sell, or offer for sale on 
 26.14  any new snowmobile any muffler that fails to comply with the 
 26.15  specifications required by the rules of the commissioner after 
 26.16  the effective date of the rules.  
 26.17     Subd. 2.  [METAL TRACTION DEVICES.] No snowmobile equipped 
 26.18  with metal traction devices may be operated on public lands, 
 26.19  roads, trails, or waters. 
 26.20     Sec. 29.  Minnesota Statutes 1996, section 84.88, 
 26.21  subdivision 2, is amended to read: 
 26.22     Subd. 2.  A person registered as owner of a snowmobile may 
 26.23  be fined not to exceed $300 if a snowmobile bearing the person's 
 26.24  registration number is operated contrary to the provisions of 
 26.25  sections 84.81 84.67, 84.8205 to 84.88, or 97B.091.  The 
 26.26  registered owner may not be so fined if (a) the snowmobile was 
 26.27  reported as stolen to the commissioner or a law enforcement 
 26.28  agency at the time of the alleged unlawful act, or if (b) the 
 26.29  registered owner demonstrates that the snowmobile either was 
 26.30  stolen or was not in use at the time of the alleged unlawful 
 26.31  act, or if (c) the registered owner furnishes to law enforcement 
 26.32  officers upon request the identity of the person in actual 
 26.33  physical control of the snowmobile at the time of such 
 26.34  violation.  The provisions of this subdivision do not apply to 
 26.35  any person who rents or leases a snowmobile if such person keeps 
 26.36  a record of the name and address of the person or persons 
 27.1   renting or leasing such snowmobile, the registration number 
 27.2   thereof, the departure date and time, and expected time of 
 27.3   return thereof.  Such record shall be preserved for at least six 
 27.4   months and shall be prima facie evidence that the person named 
 27.5   therein was the operator thereof at the time it was operated 
 27.6   contrary to sections 84.81 84.67, 84.8205 to 84.88, or 97B.091.  
 27.7   The provisions of this subdivision do not prohibit or limit the 
 27.8   prosecution of a snowmobile operator for violating any of the 
 27.9   sections referred to in this subdivision.  
 27.10     Sec. 30.  Minnesota Statutes 1996, section 84.9256, 
 27.11  subdivision 4, is amended to read: 
 27.12     Subd. 4.  [SUSPENSION.] When the judge of a juvenile court, 
 27.13  or its duly authorized agent, determines that a person, while 
 27.14  less than 18 years of age, has violated sections 84.92 84.923 to 
 27.15  84.929, or other state or local law or ordinance regulating the 
 27.16  operation of an all-terrain vehicle, the judge or duly 
 27.17  authorized agent shall immediately report the determination to 
 27.18  the commissioner and (1) may recommend the suspension of the 
 27.19  person's all-terrain vehicle safety certificate, or (2) may 
 27.20  recommend to that the commissioner of public safety, the 
 27.21  suspension of suspend the person's driver's license.  The 
 27.22  commissioner may suspend the certificate without a hearing. 
 27.23     Sec. 31.  Minnesota Statutes 1996, section 84.928, 
 27.24  subdivision 1, is amended to read: 
 27.25     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 27.26  A person shall not operate an all-terrain vehicle along or on 
 27.27  the roadway, shoulder, or inside bank or slope of a public road 
 27.28  right-of-way other than in the ditch or the outside bank or 
 27.29  slope of a trunk, county state-aid, or county highway in this 
 27.30  state unless otherwise allowed in sections 84.92 84.923 to 
 27.31  84.929.  
 27.32     (b) A person may operate an all-terrain vehicle registered 
 27.33  for private use and used for agricultural purposes on a public 
 27.34  road right-of-way of a trunk, county state-aid, or county 
 27.35  highway in this state if the all-terrain vehicle is operated on 
 27.36  the extreme right-hand side of the road, and left turns may be 
 28.1   made from any part of the road if it is safe to do so under the 
 28.2   prevailing conditions.  
 28.3      (c) A person shall not operate an all-terrain vehicle 
 28.4   within the public road right-of-way of a trunk, county 
 28.5   state-aid, or county highway from April 1 to August 1 in the 
 28.6   agricultural zone unless the vehicle is being used exclusively 
 28.7   as transportation to and from work on agricultural lands.  This 
 28.8   paragraph does not apply to an agent or employee of a road 
 28.9   authority, as defined in section 160.02, subdivision 9, or the 
 28.10  department of natural resources when performing or exercising 
 28.11  official duties or powers. 
 28.12     (d) (c) A person shall not operate an all-terrain vehicle 
 28.13  within the public road right-of-way of a trunk, county 
 28.14  state-aid, or county highway between the hours of one-half hour 
 28.15  after sunset to one-half hour before sunrise, except on the 
 28.16  right-hand side of the right-of-way and in the same direction as 
 28.17  the highway traffic on the nearest lane of the adjacent roadway. 
 28.18     (e) (d) A person shall not operate an all-terrain vehicle 
 28.19  at any time within the right-of-way of an interstate highway or 
 28.20  freeway within this state. 
 28.21     Sec. 32.  Minnesota Statutes 1996, section 84.928, 
 28.22  subdivision 1a, is amended to read: 
 28.23     Subd. 1a.  [CROSSINGS OF A PUBLIC ROAD RIGHT-OF-WAY.] (a) 
 28.24  An all-terrain vehicle may make a direct crossing of a public 
 28.25  road right-of-way provided:  
 28.26     (1) the crossing is made at an angle of approximately 90 
 28.27  degrees to the direction of the road and at a place where no 
 28.28  obstruction prevents a quick and safe crossing; 
 28.29     (2) the vehicle is brought to a complete stop before 
 28.30  crossing the shoulder or main traveled way of the road; 
 28.31     (3) the driver yields the right-of-way to all oncoming 
 28.32  traffic that constitutes an immediate hazard; 
 28.33     (4) in crossing a divided road, the crossing is made only 
 28.34  at an intersection of the road with another public road; and 
 28.35     (5) if the crossing is made between the hours of one-half 
 28.36  hour after sunset to one-half hour before sunrise or in 
 29.1   conditions of reduced visibility, only if both front and rear 
 29.2   lights are on.  
 29.3      (b) An all-terrain vehicle may be operated upon a bridge, 
 29.4   other than a bridge that is part of the main traveled lanes of 
 29.5   an interstate highway, or roadway shoulder or inside bank of a 
 29.6   public road right-of-way when required for the purpose of 
 29.7   avoiding obstructions to travel when no other method of 
 29.8   avoidance is possible; provided the all-terrain vehicle is 
 29.9   operated in the extreme right-hand lane, the entrance to the 
 29.10  roadway is made within 100 feet of the bridge or obstacle, and 
 29.11  the crossing is made without undue delay. 
 29.12     (c) A person shall not operate an all-terrain vehicle upon 
 29.13  a public street or highway unless the vehicle is equipped with 
 29.14  at least one headlight and one taillight, each of minimum 
 29.15  candlepower as prescribed by rules of the commissioner, and with 
 29.16  brakes conforming to standards prescribed by rule of the 
 29.17  commissioner, and all of which are subject to the approval of 
 29.18  the commissioner of public safety. 
 29.19     (d) An all-terrain vehicle may be operated upon a public 
 29.20  road right-of-way other than as provided by paragraph (b) in an 
 29.21  emergency during the period of time when and at locations where 
 29.22  the condition of the roadway renders travel by automobile 
 29.23  impractical. 
 29.24     (e) Chapter 169 applies to the operation of all-terrain 
 29.25  vehicles upon streets and highways, except for those provisions 
 29.26  relating to required equipment and except those provisions which 
 29.27  by their nature have no application. 
 29.28     (f) A sled, trailer, or other device being towed by an 
 29.29  all-terrain vehicle must be equipped with reflective materials 
 29.30  as required by rule of the commissioner. 
 29.31     (g) A driver's license is not required to operate an 
 29.32  all-terrain vehicle along or on a public road right-of-way if 
 29.33  the right-of-way encompasses a trail administered by the 
 29.34  commissioner and designated for all-terrain vehicle use or 
 29.35  multiple use. 
 29.36     (h) A road authority as defined in section 160.02, 
 30.1   subdivision 9, may by permit designate corridor access trails on 
 30.2   public road rights-of-way for purposes of accessing established 
 30.3   all-terrain vehicle trails.  A driver's license is not required 
 30.4   to operate an all-terrain vehicle on a designated corridor 
 30.5   access trail. 
 30.6      Sec. 33.  Minnesota Statutes 1996, section 84.928, 
 30.7   subdivision 6, is amended to read: 
 30.8      Subd. 6.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] (a) 
 30.9   Notwithstanding any law to the contrary, a city or town, acting 
 30.10  through its governing body, may by resolution or ordinance 
 30.11  prohibit the operation of all-terrain vehicles on city streets 
 30.12  or town roads in its jurisdiction provided the regulations are 
 30.13  otherwise consistent with sections 84.92 84.66 to 84.76 and 
 30.14  84.923 to 84.929. 
 30.15     (b) A county or city, or a town acting by its town board, 
 30.16  may regulate the operation of all-terrain vehicles on public 
 30.17  lands, waters, and property under its jurisdiction other than 
 30.18  public road rights-of-way within its boundaries, by resolution 
 30.19  or ordinance of the governing body and by giving appropriate 
 30.20  notice, provided:  
 30.21     (1) the regulations must be consistent with sections 84.92 
 30.22  84.66 to 84.76, 84.923 to 84.929, and rules adopted under 
 30.23  section 84.924 those sections; and 
 30.24     (2) an ordinance may not impose a fee for the use of public 
 30.25  land or water under the jurisdiction of either the department of 
 30.26  natural resources or other agency of the state, or for the use 
 30.27  of an access to it owned by the state or a county or a city; and 
 30.28     (3) an ordinance may not require an all-terrain vehicle 
 30.29  operator to possess a motor vehicle driver's license while 
 30.30  operating an all-terrain vehicle. 
 30.31     (c) Notwithstanding any law to the contrary, a county board 
 30.32  by ordinance may allow the operation of all-terrain vehicles on 
 30.33  the road right-of-way shoulder, or inside bank or slope of a 
 30.34  county highway or county state-aid highway, if: 
 30.35     (1) the highway is in the agricultural zone; or 
 30.36     (2) safe operation in the ditch or outside slope is 
 31.1   impossible, and the county posts the appropriate notice. 
 31.2                         PERSONAL WATERCRAFT 
 31.3      Sec. 34.  [84.93] [PERSONAL WATERCRAFT PROHIBITED.] 
 31.4      Subdivision 1.  [GENERAL PROHIBITION.] Except as provided 
 31.5   in subdivision 2, it is unlawful to operate a personal 
 31.6   watercraft in public waters of the state. 
 31.7      Subd. 2.  [LOCAL WAIVER; APPLICATION OF STATE STANDARDS.] A 
 31.8   county, city, or town, acting through its governing body, may 
 31.9   permit the operation of personal watercraft on public waters 
 31.10  within its boundaries by resolution or ordinance of the 
 31.11  governing body and by giving appropriate notice.  When a county, 
 31.12  city, or town permits the operation of personal watercraft, 
 31.13  sections 84.931 to 84.934 shall apply, unless the county, city, 
 31.14  or town adopts more stringent regulations.  A county, city, or 
 31.15  town may adopt any regulation consistent with sections 84.66 to 
 31.16  84.76 and 84.931 to 84.934, and rules adopted under those 
 31.17  sections. 
 31.18     Sec. 35.  [84.931] [PERSONAL WATERCRAFT; GENERAL 
 31.19  REQUIREMENTS.] 
 31.20     It is unlawful to operate or to permit the operation of a 
 31.21  personal watercraft: 
 31.22     (1) without each person on board the personal watercraft 
 31.23  wearing a United States Coast Guard approved Type I, II, III, or 
 31.24  V personal flotation device; 
 31.25     (2) between 4:00 p.m. and 11:00 a.m; 
 31.26     (3) on Sundays; 
 31.27     (4) at greater than slow-no wake speed within 250 feet of: 
 31.28     (i) a shoreline; 
 31.29     (ii) a dock; 
 31.30     (iii) a swimmer; 
 31.31     (iv) a raft used for swimming or diving; or 
 31.32     (v) a moored, anchored, or nonmotorized watercraft; 
 31.33     (5) while towing a person on water skis, a kneeboard, an 
 31.34  inflatable craft, or any other device unless: 
 31.35     (i) an observer is on board; or 
 31.36     (ii) the personal watercraft is equipped with 
 32.1   factory-installed or factory-specified accessory mirrors that 
 32.2   give the operator a wide field of vision to the rear; 
 32.3      (6) without the lanyard-type engine cutoff switch being 
 32.4   attached to the person, clothing, or personal flotation device 
 32.5   of the operator, if the personal watercraft is equipped by the 
 32.6   manufacturer with such a device; 
 32.7      (7) if any part of the spring-loaded throttle mechanism has 
 32.8   been removed, altered, or tampered with so as to interfere with 
 32.9   the return-to-idle system; 
 32.10     (8) to chase or harass wildlife; 
 32.11     (9) through emergent or floating vegetation at other than a 
 32.12  slow-no wake speed; 
 32.13     (10) in a manner that unreasonably or unnecessarily 
 32.14  endangers life, limb, or property, including weaving through 
 32.15  congested watercraft traffic and jumping the wake of another 
 32.16  watercraft within 100 feet of the other watercraft; or 
 32.17     (11) in any other manner that is not reasonable and prudent.
 32.18     Sec. 36.  [84.932] [DEALERS AND RENTAL OPERATIONS.] 
 32.19     Subdivision 1.  [DEALERS.] A dealer of personal watercraft 
 32.20  shall distribute a summary of the laws and rules governing the 
 32.21  operation of personal watercraft and, upon request, shall 
 32.22  provide instruction to a purchaser regarding: 
 32.23     (1) the laws and rules governing personal watercraft; and 
 32.24     (2) the safe operation of personal watercraft. 
 32.25     Subd. 2.  [RENTALS.] A person who offers personal 
 32.26  watercraft for rent shall provide, at no additional cost: 
 32.27     (1) a summary of the laws and rules governing the operation 
 32.28  of personal watercraft and instruction regarding the laws and 
 32.29  rules and the safe operation of personal watercraft to each 
 32.30  person renting a personal watercraft; and 
 32.31     (2) a United States Coast Guard approved Type I, II, III, 
 32.32  or V personal flotation device and any other required safety 
 32.33  equipment to all persons who rent a personal watercraft. 
 32.34     Sec. 37.  [84.933] [PERSONAL WATERCRAFT PROHIBITIONS.] 
 32.35     Subdivision 1.  [OPERATION PROHIBITED.] A personal 
 32.36  watercraft shall not be operated in: 
 33.1      (1) a state wildlife management area; 
 33.2      (2) a body of water classified as environmental under a 
 33.3   local zoning ordinance; 
 33.4      (3) lakes covering an area of less than 5,000 acres; or 
 33.5      (4) narrow, shallow, or fragile waterways where the 
 33.6   operation of a personal watercraft prohibits other uses, 
 33.7   including fishing and paddling, or disrupts wildlife. 
 33.8      Subd. 2.  [RULES.] The commissioner shall publish a list of 
 33.9   state lakes covering an area of less than 5,000 acres in the 
 33.10  State Register by April 1, 1999.  The commissioner shall adopt 
 33.11  rules according to chapter 14 to designate prohibited waters 
 33.12  under subdivision 1, clause (4). 
 33.13     Subd. 3.  [NOTICE.] The commissioner shall post each public 
 33.14  access to a body of water in which the operation of personal 
 33.15  watercraft is prohibited with a notice of the prohibition. 
 33.16     Sec. 38.  [84.934] [APPLICABILITY OF WATERCRAFT LAW.] 
 33.17     For purposes of the following sections, the term 
 33.18  "watercraft" or "motorboat" includes a personal watercraft:  
 33.19  sections 86B.215, 86B.311, 86B.321, 86B.341, 86B.405, 86B.505, 
 33.20  86B.515 to 86B.525, and 86B.801 to 86B.815.  
 33.21     Sec. 39.  Minnesota Statutes 1996, section 85.015, is 
 33.22  amended by adding a subdivision to read: 
 33.23     Subd. 1d.  [ENVIRONMENTAL ASSESSMENT WORKSHEET.] The 
 33.24  commissioner of natural resources shall complete an 
 33.25  environmental assessment worksheet according to section 116D.04 
 33.26  prior to developing a trail for motorized use.  The commissioner 
 33.27  shall designate a work group to complete the environmental 
 33.28  assessment worksheet to include equal numbers of representatives 
 33.29  from the fish and wildlife division, including representatives 
 33.30  from the nongame and natural heritage programs; the forestry 
 33.31  division; the parks and recreation division; and the waters 
 33.32  division of the department of natural resources and 
 33.33  representatives of user groups. 
 33.34     Sec. 40.  Minnesota Statutes 1996, section 85.018, is 
 33.35  amended by adding a subdivision to read: 
 33.36     Subd. 1a.  [SEPARATION OF USE.] The commissioner of natural 
 34.1   resources may designate a trail specifically for motorized use, 
 34.2   for nonmotorized use, or for motorized and nonmotorized use.  
 34.3   The commissioner may not designate a trail for motorized and 
 34.4   nonmotorized use at the same time.  
 34.5      Sec. 41.  Minnesota Statutes 1996, section 85.018, 
 34.6   subdivision 2, is amended to read: 
 34.7      Subd. 2.  [AUTHORITY OF LOCAL GOVERNMENT.] (a) A local 
 34.8   government unit that receives state grants-in-aid for any trail, 
 34.9   with the concurrence of the commissioner, and the landowner or 
 34.10  land lessee, may: 
 34.11     (1) designate the trail for use by snowmobiles or for 
 34.12  nonmotorized use from December 1 to April 1 of any year; and 
 34.13     (2) issue any permit required under subdivisions 3 to 5. 
 34.14     (b) A local government unit that receives state 
 34.15  grants-in-aid under section 84.794, subdivision 2, 84.803, 
 34.16  subdivision 2, or 84.927, subdivision 2, 84.71 for any trail, 
 34.17  with the concurrence of the commissioner, and landowner or land 
 34.18  lessee, may: 
 34.19     (1) designate the trail specifically for use at various 
 34.20  times of the year by all-terrain or off-road vehicles or 
 34.21  off-highway motorcycles, if the trail was designated for 
 34.22  all-terrain vehicle, off-road vehicle, and off-highway 
 34.23  motorcycle use prior to January 1, 1999; for nonmotorized use 
 34.24  such as ski touring, snowshoeing, and hiking,; and for multiple 
 34.25  use, but not for motorized and nonmotorized use at the same 
 34.26  time; and 
 34.27     (2) issue any permit required under subdivisions 3 to 5. 
 34.28     (c) A local unit of government that receives state 
 34.29  grants-in-aid for any trail, with the concurrence of the 
 34.30  commissioner and landowner or land lessee, may designate certain 
 34.31  trails for joint use by snowmobiles, off-highway motorcycles, 
 34.32  all-terrain and off-road vehicles if the trail was designated 
 34.33  for all-terrain vehicle, off-road vehicle, and off-highway 
 34.34  motorcycle use prior to January 1, 1999. 
 34.35     Sec. 42.  Minnesota Statutes 1996, section 85.018, is 
 34.36  amended by adding a subdivision to read: 
 35.1      Subd. 3a.  [PAVED TRAILS.] The operation of a snowmobile on 
 35.2   paved trails is prohibited.  
 35.3      Sec. 43.  Minnesota Statutes 1996, section 86B.005, 
 35.4   subdivision 9, is amended to read: 
 35.5      Subd. 9.  [MOTORBOAT.] "Motorboat" means a watercraft 
 35.6   propelled in any manner by machinery, including watercraft 
 35.7   temporarily equipped with detachable motors.  "Motorboat" does 
 35.8   not include a personal watercraft unless specified under section 
 35.9   84.934.  
 35.10     Sec. 44.  Minnesota Statutes 1996, section 86B.005, 
 35.11  subdivision 14a, is amended to read: 
 35.12     Subd. 14a.  [PERSONAL WATERCRAFT.] "Personal watercraft" 
 35.13  means a motorboat that: 
 35.14     (1) is powered by an inboard motor powering a water jet 
 35.15  pump or by an outboard or propeller-driven motor; and 
 35.16     (2) is designed to be operated by a person or persons 
 35.17  sitting, standing, or kneeling on the craft, rather than in the 
 35.18  conventional manner of sitting or standing inside a motorboat 
 35.19  has the meaning given in section 84.66, subdivision 19. 
 35.20     Sec. 45.  Minnesota Statutes 1996, section 86B.005, 
 35.21  subdivision 18, is amended to read: 
 35.22     Subd. 18.  [WATERCRAFT.] "Watercraft" means any contrivance 
 35.23  used or designed for navigation on water, except:  
 35.24     (1) a duck boat during the duck hunting season; 
 35.25     (2) a rice boat during the harvest season; or 
 35.26     (3) a seaplane; or 
 35.27     (4) a personal watercraft, unless specified under section 
 35.28  84.934.  
 35.29     Sec. 46.  Minnesota Statutes 1996, section 89.025, is 
 35.30  amended to read: 
 35.31     89.025 [DORER MEMORIAL HARDWOOD FOREST; LAND USE 
 35.32  RESTRICTED.] 
 35.33     After June 1, 1993, The commissioner may not allow the use 
 35.34  of additional state forest lands within the boundaries of the 
 35.35  Richard J. Dorer Memorial Hardwood State Forest for development 
 35.36  or operation of a motor sports area for use by all-terrain 
 36.1   vehicles, motorcycles, or four-wheel drive trucks without 
 36.2   legislative approval.  This restriction does not apply to 
 36.3   recreational trails. 
 36.4      Sec. 47.  Minnesota Statutes 1997 Supplement, section 
 36.5   97A.065, subdivision 2, is amended to read: 
 36.6      Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
 36.7   forfeited bail collected from prosecutions of violations of:  
 36.8   the game and fish laws; sections 84.091 to 84.15; sections 84.81 
 36.9   84.8205 to 84.88; section 169.121, when the violation 
 36.10  involved an off-road a recreational motor vehicle as defined in 
 36.11  section 169.01, subdivision 86 84.66, subdivision 21; chapter 
 36.12  348; and any other law relating to wild animals or aquatic 
 36.13  vegetation, must be paid to the treasurer of the county where 
 36.14  the violation is prosecuted.  The county treasurer shall submit 
 36.15  one-half of the receipts to the commissioner and credit the 
 36.16  balance to the county general revenue fund except as provided in 
 36.17  paragraphs (b), (c), and (d). 
 36.18     (b) The commissioner must reimburse a county, from the game 
 36.19  and fish fund, for the cost of keeping prisoners prosecuted for 
 36.20  violations under this section if the county board, by 
 36.21  resolution, directs:  (1) the county treasurer to submit all 
 36.22  fines and forfeited bail to the commissioner; and (2) the county 
 36.23  auditor to certify and submit monthly itemized statements to the 
 36.24  commissioner.  
 36.25     (c) The county treasurer shall indicate the amount of the 
 36.26  receipts that are assessments or surcharges imposed under 
 36.27  section 609.101 and shall submit all of those receipts to the 
 36.28  commissioner.  The receipts must be credited to the game and 
 36.29  fish fund to provide peace officer training for persons employed 
 36.30  by the commissioner who are licensed under section 626.84, 
 36.31  subdivision 1, clause (c), and who possess peace officer 
 36.32  authority for the purpose of enforcing game and fish laws. 
 36.33     (d) The county treasurer shall submit one-half of the 
 36.34  receipts collected under paragraph (a) from prosecutions of 
 36.35  violations of sections 84.81 to 84.91 84.8205 to 84.89, and 
 36.36  169.121, including receipts that are assessments or surcharges 
 37.1   imposed under section 609.101, to the commissioner and credit 
 37.2   the balance to the county general fund.  The commissioner shall 
 37.3   credit these receipts to the snowmobile trails and enforcement 
 37.4   recreational motor vehicle account in the natural resources fund.
 37.5      Sec. 48.  Minnesota Statutes 1996, section 97A.315, 
 37.6   subdivision 2, is amended to read: 
 37.7      Subd. 2.  [LICENSE REVOCATIONS.] (a) If a person is 
 37.8   convicted of trespassing under subdivision 1 while exercising or 
 37.9   attempting to exercise an activity licensed under the game and 
 37.10  fish laws or requiring snowmobile recreational motor vehicle 
 37.11  registration under section 84.82 84.67, the applicable license 
 37.12  and registration are null and void. 
 37.13     (b) A person convicted of a gross misdemeanor under 
 37.14  subdivision 1, paragraph (b), may not be issued a license to 
 37.15  take game for two years after the conviction.  
 37.16     Sec. 49.  Minnesota Statutes 1996, section 169.01, is 
 37.17  amended by adding a subdivision to read: 
 37.18     Subd. 90.  [RECREATIONAL MOTOR VEHICLE.] "Recreational 
 37.19  motor vehicle" has the meaning given in section 84.66, 
 37.20  subdivision 21. 
 37.21     Sec. 50.  Minnesota Statutes 1997 Supplement, section 
 37.22  169.121, subdivision 1c, is amended to read: 
 37.23     Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
 37.24  is imposed under section 629.471, subdivision 2, a person 
 37.25  charged with a crime listed in this paragraph may be released 
 37.26  from detention only if the person agrees to abstain from alcohol 
 37.27  and submit to a program of electronic alcohol monitoring 
 37.28  involving at least daily measurements of the person's alcohol 
 37.29  concentration pending resolution of the charge.  This paragraph 
 37.30  applies only when electronic alcohol monitoring equipment is 
 37.31  available to the court and only when a person is charged with: 
 37.32     (1) a violation of subdivision 1 or 1a within five years of 
 37.33  two prior impaired driving convictions, or within ten years of 
 37.34  three or more prior impaired driving convictions; 
 37.35     (2) a second or subsequent violation of subdivision 1 or 
 37.36  1a, if the person is under the age of 19 years; 
 38.1      (3) a violation of subdivision 1 or 1a, while the person's 
 38.2   driver's license or driving privileges have been canceled under 
 38.3   section 171.04, subdivision 1, clause (9); 
 38.4      (4) a violation of subdivision 1, clause (f); or 
 38.5      (5) a violation of section 169.129. 
 38.6      If the defendant is convicted of the charged offense, the 
 38.7   court shall require partial or total reimbursement from the 
 38.8   person for the cost of the electronic alcohol monitoring, to the 
 38.9   extent the defendant is able to pay. 
 38.10     (b) Unless maximum bail is imposed under section 629.471, 
 38.11  subdivision 2, a person charged with violating subdivision 1 or 
 38.12  1a within ten years of the first of three prior impaired driving 
 38.13  convictions or within the person's lifetime after four or more 
 38.14  prior impaired driving convictions may be released from 
 38.15  detention only if the following conditions are imposed in 
 38.16  addition to the condition imposed in paragraph (a), if 
 38.17  applicable, and any other conditions of release ordered by the 
 38.18  court: 
 38.19     (1) the impoundment of the registration plates of the 
 38.20  vehicle used to commit the violation, unless already impounded; 
 38.21     (2) if the vehicle used to commit the violation was an 
 38.22  off-road a recreational motor vehicle or a motorboat, the 
 38.23  impoundment of the off-road recreational motor vehicle or 
 38.24  motorboat; 
 38.25     (3) a requirement that the alleged violator report weekly 
 38.26  to a probation agent; 
 38.27     (4) a requirement that the alleged violator abstain from 
 38.28  consumption of alcohol and controlled substances and submit to 
 38.29  random alcohol tests or urine analyses at least weekly; and 
 38.30     (5) a requirement that, if convicted, the alleged violator 
 38.31  reimburse the court or county for the total cost of these 
 38.32  services. 
 38.33     Sec. 51.  Minnesota Statutes 1997 Supplement, section 
 38.34  169.121, subdivision 1d, is amended to read: 
 38.35     Subd. 1d.  [FIRST-TIME VIOLATORS; OFF-ROAD 
 38.36  RECREATIONAL MOTOR VEHICLES AND MOTORBOATS.] A person who 
 39.1   violates this section while using an off-road a recreational 
 39.2   motor vehicle or motorboat and who does not have a prior 
 39.3   impaired driving conviction or prior license revocation is 
 39.4   subject only to the criminal penalty provided in subdivision 3 
 39.5   and loss of operating privileges as provided in section 84.91, 
 39.6   subdivision 1 84.73, subdivision 3, or 86B.331, subdivision 1, 
 39.7   whichever is applicable.  The person is not subject to the 
 39.8   provisions of subdivision 1c, 3b, 3f, 4, 5b, or 8, the license 
 39.9   revocation sanctions of section 169.123, or the plate 
 39.10  impoundment provisions of section 168.042. 
 39.11     Sec. 52.  Minnesota Statutes 1997 Supplement, section 
 39.12  169.121, subdivision 3, is amended to read: 
 39.13     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
 39.14     (1) "Prior impaired driving conviction" means a prior 
 39.15  conviction under: 
 39.16     (i) this section; Minnesota Statutes 1996, section 84.91, 
 39.17  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
 39.18  paragraph (a); section 169.1211; section 169.129; or section 
 39.19  360.0752; 
 39.20     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
 39.21  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 39.22  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 39.23  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
 39.24     (iii) an ordinance from this state, or a statute or 
 39.25  ordinance from another state, in conformity with any provision 
 39.26  listed in item (i) or (ii). 
 39.27     A prior impaired driving conviction also includes a prior 
 39.28  juvenile adjudication that would have been a prior impaired 
 39.29  driving conviction if committed by an adult. 
 39.30     (2) "Prior license revocation" means a driver's license 
 39.31  suspension, revocation, cancellation, denial, or 
 39.32  disqualification under: 
 39.33     (i) this section or section 169.1211, 169.123, 171.04, 
 39.34  171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
 39.35  alcohol-related incident; 
 39.36     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
 40.1   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 40.2   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 40.3   clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
 40.4      (iii) an ordinance from this state, or a statute or 
 40.5   ordinance from another state, in conformity with any provision 
 40.6   listed in item (i) or (ii). 
 40.7      (3) "Prior license revocation" also means: 
 40.8      (i) the revocation of snowmobile or all-terrain vehicle 
 40.9   operating privileges under Minnesota Statutes 1996, section 
 40.10  84.911, or motorboat operating privileges under section 86B.335, 
 40.11  for violations that occurred on or after August 1, 1995; and 
 40.12     (ii) the revocation of recreational motor vehicle operating 
 40.13  privileges under section 84.73 for violations that occurred on 
 40.14  or after January 1, 1999. 
 40.15     (b) A person who violates subdivision 1, clause (a), (b), 
 40.16  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
 40.17  in conformity with any of them, is guilty of a misdemeanor. 
 40.18     (c) A person is guilty of a gross misdemeanor under any of 
 40.19  the following circumstances: 
 40.20     (1) the person violates subdivision 1, clause (f); 
 40.21     (2) the person violates subdivision 1, clause (a), (b), 
 40.22  (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
 40.23  of a prior impaired driving conviction or a prior license 
 40.24  revocation; 
 40.25     (3) the person violates section 169.26 while in violation 
 40.26  of subdivision 1; or 
 40.27     (4) the person violates subdivision 1 or 1a while a child 
 40.28  under the age of 16 is in the vehicle, if the child is more than 
 40.29  36 months younger than the violator. 
 40.30     A person convicted of a gross misdemeanor under this 
 40.31  paragraph is subject to the mandatory penalties provided in 
 40.32  subdivision 3d. 
 40.33     (d) A person is guilty of an enhanced gross misdemeanor 
 40.34  under any of the following circumstances: 
 40.35     (1) the person violates subdivision 1, clause (f), or 
 40.36  commits a violation described in paragraph (c), clause (3) or 
 41.1   (4), within ten years of one or more prior impaired driving 
 41.2   convictions or prior license revocations; 
 41.3      (2) the person violates subdivision 1, clause (a), (b), 
 41.4   (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
 41.5   of the first of two or more prior impaired driving convictions, 
 41.6   two or more prior license revocations, or any combination of two 
 41.7   or more prior impaired driving convictions and prior license 
 41.8   revocations, based on separate incidents. 
 41.9      A person convicted of an enhanced gross misdemeanor under 
 41.10  this paragraph may be sentenced to imprisonment in a local 
 41.11  correctional facility for not more than two years or to payment 
 41.12  of a fine of not more than $3,000, or both.  Additionally, the 
 41.13  person is subject to the applicable mandatory penalties provided 
 41.14  in subdivision 3e. 
 41.15     (e) The court shall notify a person convicted of violating 
 41.16  subdivision 1 or 1a that the registration plates of the person's 
 41.17  motor vehicle may be impounded under section 168.042 and the 
 41.18  vehicle may be subject to forfeiture under section 169.1217 upon 
 41.19  a subsequent conviction for violating this section, section 
 41.20  169.129, or section 171.24, or a subsequent license revocation 
 41.21  under section 169.123.  The notice must describe the conduct and 
 41.22  the time periods within which the conduct must occur in order to 
 41.23  result in plate impoundment or forfeiture.  The failure of the 
 41.24  court to provide this information does not affect the 
 41.25  applicability of the plate impoundment or the forfeiture 
 41.26  provision to that person. 
 41.27     (f) The attorney in the jurisdiction in which the violation 
 41.28  occurred who is responsible for prosecution of misdemeanor 
 41.29  violations of this section shall also be responsible for 
 41.30  prosecution of gross misdemeanor and enhanced gross misdemeanor 
 41.31  violations of this section. 
 41.32     (g) The court must impose consecutive sentences when it 
 41.33  sentences a person for a violation of this section or section 
 41.34  169.129 arising out of separate behavioral incidents.  The court 
 41.35  also must impose a consecutive sentence when it sentences a 
 41.36  person for a violation of this section or section 169.129 and 
 42.1   the person, at the time of sentencing, is on probation for, or 
 42.2   serving, an executed sentence for a violation of this section or 
 42.3   section 169.129 and the prior sentence involved a separate 
 42.4   behavioral incident.  The court also may order that the sentence 
 42.5   imposed for a violation of this section or section 169.129 shall 
 42.6   run consecutively to a previously imposed misdemeanor, gross 
 42.7   misdemeanor or felony sentence for a violation other than this 
 42.8   section or section 169.129.  
 42.9      (h) When the court stays the sentence of a person convicted 
 42.10  under this section, the length of the stay is governed by 
 42.11  section 609.135, subdivision 2. 
 42.12     (i) The court may impose consecutive sentences for offenses 
 42.13  arising out of a single course of conduct as permitted in 
 42.14  section 609.035, subdivision 2.  
 42.15     (j) When an attorney responsible for prosecuting gross 
 42.16  misdemeanors or enhanced gross misdemeanors under this section 
 42.17  requests criminal history information relating to prior impaired 
 42.18  driving convictions from a court, the court must furnish the 
 42.19  information without charge. 
 42.20     (k) A violation of subdivision 1a may be prosecuted either 
 42.21  in the jurisdiction where the arresting officer observed the 
 42.22  defendant driving, operating, or in control of the motor vehicle 
 42.23  or in the jurisdiction where the refusal occurred. 
 42.24     Sec. 53.  Minnesota Statutes 1997 Supplement, section 
 42.25  169.121, subdivision 11, is amended to read: 
 42.26     Subd. 11.  [APPLICABILITY TO RECREATIONAL VEHICLES.] For 
 42.27  purposes of this section and section 169.123, "motor vehicle" 
 42.28  includes motorboats in operation and off-road recreational motor 
 42.29  vehicles.  A "motorboat in operation" does not include a 
 42.30  motorboat that is anchored, beached, or securely fastened to a 
 42.31  dock or other permanent mooring, or a motorboat that is being 
 42.32  rowed or propelled by other than mechanical means. 
 42.33     Sec. 54.  Minnesota Statutes 1997 Supplement, section 
 42.34  169.1217, subdivision 9, is amended to read: 
 42.35     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
 42.36  vehicle is administratively forfeited under subdivision 7a, or 
 43.1   if the court finds under subdivision 8 that the vehicle is 
 43.2   subject to forfeiture under subdivisions 6 and 7, the 
 43.3   appropriate agency shall: 
 43.4      (1) sell the vehicle and distribute the proceeds under 
 43.5   paragraph (b); or 
 43.6      (2) keep the vehicle for official use.  If the agency keeps 
 43.7   a forfeited motor vehicle for official use, it shall make 
 43.8   reasonable efforts to ensure that the motor vehicle is available 
 43.9   for use by the agency's officers who participate in the drug 
 43.10  abuse resistance education program. 
 43.11     (b) The proceeds from the sale of forfeited vehicles, after 
 43.12  payment of seizure, storage, forfeiture, and sale expenses, and 
 43.13  satisfaction of valid liens against the property, must be 
 43.14  forwarded to the treasury of the political subdivision that 
 43.15  employs the appropriate agency responsible for the forfeiture 
 43.16  for use in DWI-related enforcement, training and education.  If 
 43.17  the appropriate agency is an agency of state government, the net 
 43.18  proceeds must be forwarded to the state treasury and credited to 
 43.19  the general fund. 
 43.20     (c) The proceeds from the sale of forfeited off-road 
 43.21  recreational motor vehicles and motorboats, after payment of 
 43.22  seizure, storage, forfeiture, and sale expenses, and 
 43.23  satisfaction of valid liens against the property, must be 
 43.24  forwarded to the state treasury and credited to the following 
 43.25  funds: 
 43.26     (1) if the forfeited vehicle is a motorboat, the net 
 43.27  proceeds must be credited to the water recreation account in the 
 43.28  natural resources fund; and 
 43.29     (2) if the forfeited vehicle is a snowmobile recreational 
 43.30  motor vehicle, the net proceeds must be credited to 
 43.31  the snowmobile trails and enforcement recreational motor vehicle 
 43.32  account in the natural resources fund;. 
 43.33     (3) if the forfeited vehicle is an all-terrain vehicle, the 
 43.34  net proceeds must be credited to the all-terrain vehicle account 
 43.35  in the natural resources fund; 
 43.36     (4) if the forfeited vehicle is an off-highway motorcycle, 
 44.1   the net proceeds must be credited to the off-highway motorcycle 
 44.2   account in the natural resources fund; 
 44.3      (5) if the forfeited vehicle is an off-road vehicle, the 
 44.4   net proceeds must be credited to the off-road vehicle account in 
 44.5   the natural resources fund; and 
 44.6      (6) if otherwise, the net proceeds must be credited to the 
 44.7   general fund. 
 44.8      Sec. 55.  Minnesota Statutes 1996, section 171.01, 
 44.9   subdivision 3, is amended to read: 
 44.10     Subd. 3.  [MOTOR VEHICLE.] Every vehicle which is 
 44.11  self-propelled and any vehicle propelled or drawn by a 
 44.12  self-propelled vehicle, and not deriving its power from overhead 
 44.13  wires except snowmobiles, including recreational motor vehicles. 
 44.14     Sec. 56.  Minnesota Statutes 1996, section 171.01, is 
 44.15  amended by adding a subdivision to read: 
 44.16     Subd. 28.  [RECREATIONAL MOTOR VEHICLE.] "Recreational 
 44.17  motor vehicle" has the meaning given in section 84.66, 
 44.18  subdivision 21.  
 44.19     Sec. 57.  Minnesota Statutes 1996, section 171.02, 
 44.20  subdivision 2, is amended to read: 
 44.21     Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 
 44.22  EXEMPTIONS.] Drivers' licenses shall be classified according to 
 44.23  the types of vehicles which may be driven by the holder of each 
 44.24  type or class of license.  The commissioner may, as appropriate, 
 44.25  subdivide the classes listed in this subdivision and issue 
 44.26  licenses classified accordingly.  No class of license shall be 
 44.27  valid to operate a motorcycle, recreational motor vehicle, 
 44.28  school bus, tank vehicle, double-trailer or triple-trailer 
 44.29  combination, vehicle transporting hazardous materials, or bus, 
 44.30  unless so endorsed. 
 44.31     There shall be four general classes of licenses as follows: 
 44.32     (a) Class D; valid for: 
 44.33     (1) all farm trucks operated by (i) the owner, (ii) an 
 44.34  immediate family member of the owner, (iii) an employee of the 
 44.35  owner not primarily employed to operate the farm truck, within 
 44.36  150 miles of the farm, or (iv) an employee of the owner employed 
 45.1   during harvest to operate the farm truck for the first, 
 45.2   continuous transportation of agricultural products from the 
 45.3   production site or on-farm storage site to any other location 
 45.4   within 50 miles of that site; 
 45.5      (2) fire trucks and emergency fire equipment, whether or 
 45.6   not in excess of 26,000 pounds gross vehicle weight, operated by 
 45.7   a firefighter while on duty, or a tiller operator employed by a 
 45.8   fire department who drives the rear portion of a midmount aerial 
 45.9   ladder truck; 
 45.10     (3) recreational equipment as defined in section 168.011, 
 45.11  subdivision 25, that is operated for personal use; and 
 45.12     (4) all single unit vehicles except vehicles with a gross 
 45.13  vehicle weight of more than 26,000 pounds, vehicles designed to 
 45.14  carry more than 15 passengers including the driver, and vehicles 
 45.15  that carry hazardous materials. 
 45.16     The holder of a class D license may also tow vehicles if 
 45.17  the combination of vehicles has a gross vehicle weight of 26,000 
 45.18  pounds or less. 
 45.19     (b) Class C; valid for:  
 45.20     (1) operating class D vehicles; 
 45.21     (2) with a hazardous materials endorsement, transporting 
 45.22  hazardous materials in class D vehicles; and 
 45.23     (3) with a school bus endorsement, operating school buses 
 45.24  designed to transport 15 or fewer passengers, including the 
 45.25  driver. 
 45.26     (c) Class B; valid for all vehicles in class C, class D, 
 45.27  and all other single unit vehicles including, with a passenger 
 45.28  endorsement, buses.  The holder of a class B license may tow 
 45.29  only vehicles with a gross vehicle weight of 10,000 pounds or 
 45.30  less. 
 45.31     (d) Class A; valid for any vehicle or combination thereof. 
 45.32     Sec. 58.  Minnesota Statutes 1996, section 171.02, is 
 45.33  amended by adding a subdivision to read: 
 45.34     Subd. 3a.  [RECREATIONAL MOTOR VEHICLES.] Except as 
 45.35  provided in section 84.68, no recreational motor vehicle shall 
 45.36  be operated on public lands, roads, trails, or waters by a 
 46.1   person who does not possess a valid driver's license with the 
 46.2   appropriate recreational motor vehicle endorsement.  The 
 46.3   commissioner shall issue a recreational motor vehicle 
 46.4   endorsement according to section 84.68. 
 46.5      Sec. 59.  Minnesota Statutes 1996, section 171.03, is 
 46.6   amended to read: 
 46.7      171.03 [PERSONS EXEMPT.] 
 46.8      The following persons are exempt from license hereunder: 
 46.9      (1) a person in the employ or service of the United States 
 46.10  federal government while driving or operating a motor vehicle 
 46.11  owned by or leased to the United States federal government, 
 46.12  except that only a noncivilian operator of a commercial motor 
 46.13  vehicle owned or leased by the United States Department of 
 46.14  Defense or the Minnesota national guard is exempt from the 
 46.15  requirement to possess a valid commercial motor vehicle driver's 
 46.16  license; 
 46.17     (2) any person while driving or operating any farm tractor, 
 46.18  or implement of husbandry temporarily operated or moved on a 
 46.19  highway, and for purposes of this section an all-terrain 
 46.20  vehicle, as defined in section 84.92, subdivision 8, an 
 46.21  off-highway motorcycle, as defined in section 84.787, 
 46.22  subdivision 7, and an off-road vehicle, as defined in section 
 46.23  84.797, subdivision 7 84.66, are not implements of husbandry; 
 46.24     (3) a nonresident who is at least 15 years of age and who 
 46.25  has in immediate possession a valid driver's license issued to 
 46.26  the nonresident in the home state or country may operate a motor 
 46.27  vehicle in this state only as a driver; 
 46.28     (4) a nonresident who has in immediate possession a valid 
 46.29  commercial driver's license issued by a state in compliance with 
 46.30  the Commercial Motor Vehicle Safety Act of 1986, United States 
 46.31  Code, title 49, sections 521, 2304, and 2701 to 2716, and who is 
 46.32  operating in Minnesota the class of commercial motor vehicle 
 46.33  authorized by the issuing state; 
 46.34     (5) any nonresident who is at least 18 years of age, whose 
 46.35  home state or country does not require the licensing of drivers 
 46.36  may operate a motor vehicle as a driver, only for a period of 
 47.1   not more than 90 days in any calendar year if the motor vehicle 
 47.2   so operated is duly registered for the current calendar year in 
 47.3   the home state or country of such nonresident; 
 47.4      (6) any person who becomes a resident of the state of 
 47.5   Minnesota and who has in possession a valid driver's license 
 47.6   issued to the person under and pursuant to the laws of some 
 47.7   other state or province or by military authorities of the United 
 47.8   States may operate a motor vehicle as a driver, only for a 
 47.9   period of not more than 60 days after becoming a resident of 
 47.10  this state without being required to have a Minnesota driver's 
 47.11  license as provided in this chapter; and 
 47.12     (7) any person who becomes a resident of the state of 
 47.13  Minnesota and who has in possession a valid commercial driver's 
 47.14  license issued by another state in compliance with the 
 47.15  Commercial Motor Vehicle Safety Act of 1986, United States Code, 
 47.16  title 49, sections 521, 2304, and 2701 to 2716, for not more 
 47.17  than 30 days after becoming a resident of this state; and 
 47.18     (8) any person operating a snowmobile, as defined in 
 47.19  section 84.81.  
 47.20     Sec. 60.  Minnesota Statutes 1996, section 171.10, 
 47.21  subdivision 2, is amended to read: 
 47.22     Subd. 2.  [ENDORSEMENTS ADDED.] Any person, after applying 
 47.23  for or receiving a driver's license and prior to the expiration 
 47.24  year of the license, who wishes to have a motorcycle, 
 47.25  recreational motor vehicle, school bus, tank vehicle, passenger, 
 47.26  double-trailer or triple-trailer, or hazardous materials vehicle 
 47.27  endorsement added to the license, shall, after taking the 
 47.28  necessary examination, apply for a duplicate license and make 
 47.29  payment of the proper fee. 
 47.30     Sec. 61.  Minnesota Statutes 1997 Supplement, section 
 47.31  296.16, subdivision 1, is amended to read: 
 47.32     Subdivision 1.  [INTENT; GASOLINE USE.] All gasoline 
 47.33  received in this state and all gasoline produced in or brought 
 47.34  into this state except aviation gasoline and marine gasoline 
 47.35  shall be determined to be intended for use in motor vehicles in 
 47.36  this state. 
 48.1      Approximately 1-1/2 percent of all gasoline received in 
 48.2   this state and 1-1/2 percent of all gasoline produced or brought 
 48.3   into this state, except gasoline used for aviation purposes, is 
 48.4   being used as fuel for the operation of motorboats on the waters 
 48.5   of this state and of the total revenue derived from the 
 48.6   imposition of the gasoline fuel tax for uses other than for 
 48.7   aviation purposes, 1-1/2 percent of such revenues is the amount 
 48.8   of tax on fuel used in motorboats operated on the waters of this 
 48.9   state.  
 48.10     Approximately one percent in fiscal years 1998 and 1999, 
 48.11  and three-fourths of one percent thereafter, of all gasoline 
 48.12  received in and produced or brought into this state, except 
 48.13  gasoline used for aviation purposes, is being used as fuel for 
 48.14  the operation of snowmobiles in this state, and of the total 
 48.15  revenue derived from the imposition of the gasoline fuel tax for 
 48.16  uses other than for aviation purposes, one percent in fiscal 
 48.17  years 1998 and 1999, and three-fourths of one percent 
 48.18  thereafter, of such revenues is the amount of tax on fuel used 
 48.19  in snowmobiles operated in this state. 
 48.20     Approximately 0.15 of one percent of all gasoline received 
 48.21  in or produced or brought into this state, except gasoline used 
 48.22  for aviation purposes, is being used for the operation of 
 48.23  all-terrain vehicles in this state, and of the total revenue 
 48.24  derived from the imposition of the gasoline fuel tax, 0.15 of 
 48.25  one percent is the amount of tax on fuel used in all-terrain 
 48.26  vehicles operated in this state. 
 48.27     Approximately 0.046 of one percent of all gasoline received 
 48.28  or produced in or brought into this state, except gasoline used 
 48.29  for aviation purposes, is being used for the operation of 
 48.30  off-highway motorcycles in this state, and of the total revenue 
 48.31  derived from the imposition of the gasoline fuel tax for uses 
 48.32  other than for aviation purposes, 0.046 of one percent is the 
 48.33  amount of tax on fuel used in off-highway motorcycles operated 
 48.34  in this state. 
 48.35     Approximately .164 of one percent of all gasoline received 
 48.36  or produced in or brought into this state, except gasoline used 
 49.1   for aviation purposes, is being used for the off-road operation 
 49.2   of off-road vehicles, as defined in section 84.797, in this 
 49.3   state, and of the total revenue derived from the imposition of 
 49.4   the gasoline fuel tax for uses other than aviation purposes, 
 49.5   .164 of one percent is the amount of tax on fuel used for 
 49.6   off-road operation of off-road vehicles in this state. 
 49.7      The commissioner shall determine the percentage of all 
 49.8   gasoline received or produced in or brought into this state, 
 49.9   except gasoline used for aviation purposes, that is being used 
 49.10  for the operation of recreational motor vehicles, as defined in 
 49.11  section 84.66, based on a compilation of actual mileage provided 
 49.12  by the commissioner of natural resources.  Of the total revenue 
 49.13  derived from the imposition of the gasoline fuel tax for uses 
 49.14  other than aviation purposes, the percentage determined by the 
 49.15  commissioner is the amount of tax on fuel used for the operation 
 49.16  of recreational motor vehicles in this state. 
 49.17     Sec. 62.  Minnesota Statutes 1997 Supplement, section 
 49.18  609.487, subdivision 2a, is amended to read: 
 49.19     Subd. 2a.  [MOTOR VEHICLE; DEFINITION.] For purposes of 
 49.20  this section, "motor vehicle" has the meaning given it in 
 49.21  section 169.01, subdivision 3, and includes a snowmobile, as 
 49.22  defined in section 84.81, off-road recreational motor vehicles 
 49.23  as defined in section 169.01, subdivision 86 90, and motorboats 
 49.24  as defined in section 169.01, subdivision 87. 
 49.25     Sec. 63.  [TRANSFER OF MONEY.] 
 49.26     The state treasurer shall transfer the money in the 
 49.27  off-highway motorcycle account, the off-road vehicle account, 
 49.28  the snowmobile trails and enforcement account, and the 
 49.29  all-terrain vehicle account to the recreational motor vehicle 
 49.30  account in the natural resources fund.  
 49.31     Sec. 64.  [GRANT-IN-AID AUDIT.] 
 49.32     The legislative auditor shall conduct an audit of all 
 49.33  grant-in-aid programs that receive or have received money under 
 49.34  Minnesota Statutes, section 84.794, 84.803, 84.83, or 84.927.  
 49.35  If the auditor finds that money has not been spent in 
 49.36  conformance with the stated purposes of Minnesota Statutes, 
 50.1   section 84.794, 84.803, 84.83, or 84.927, the auditor shall 
 50.2   recommend reforms to the legislature by January 15, 1999.  
 50.3   Recipients found to have misused grant-in-aid money are no 
 50.4   longer eligible to receive grant-in-aid money. 
 50.5      Sec. 65.  [REVISOR'S INSTRUCTION.] 
 50.6      In each section of Minnesota Statutes referred to in column 
 50.7   A, the revisor of statutes shall delete the reference in column 
 50.8   B and insert the reference in column C. 
 50.9      Column A            Column B            Column C
 50.10     84.805              84.797              84.799
 50.11     84.87, subd. 1      84.81               84.8205
 50.12     84.87, subd. 1      84.90               84.89
 50.13     84.89               84.81               84.66
 50.14     84.929              84.92               84.923
 50.15     85.018, subd. 1     84.92, subd. 8      84.66, subd. 6
 50.16     85.018, subd. 1     84.797, subd. 7     84.66, subd. 15
 50.17     85.018, subd. 1     84.81, subd. 3      84.66, subd. 23
 50.18     168.011, subd. 4    84.92, subd. 8      84.66, subd. 6
 50.19     169.01, subd. 78    84.787, subd. 7     84.66, subd. 12
 50.20     169.01, subd. 78    84.81, subd. 3      84.66, subd. 23
 50.21     169.01, subd. 78    84.92, subd. 8      84.66, subd. 6
 50.22     239.05, subd. 15a   84.81, subd. 3      84.66, subd. 23
 50.23     466.03, subd. 16    84.92, subd. 8      84.66, subd. 6
 50.24     466.03, subd. 16    84.797, subd. 7     84.66, subd. 15
 50.25     Sec. 66.  [REPEALER.] 
 50.26     Minnesota Statutes 1996, sections 84.787; 84.788; 84.791; 
 50.27  84.793, subdivision 1; 84.794; 84.795, subdivision 5; 84.797; 
 50.28  84.798; 84.80, subdivision 2; 84.802; 84.803; 84.81; 84.82, 
 50.29  subdivisions 1a, 4, 5, 6, 7, 7a, 8, and 10; 84.83; 84.84; 84.85; 
 50.30  84.872, subdivisions 1 and 3; 84.88, subdivision 1; 84.90; 
 50.31  84.91, subdivision 1; 84.911, subdivision 7; 84.915; 84.92; 
 50.32  84.922; 84.924, subdivision 3; 84.925; 84.9256, subdivision 1; 
 50.33  84.926; 84.927; 85.054, subdivision 6; and 86B.313; Minnesota 
 50.34  Statutes 1997 Supplement, sections 84.82, subdivisions 2 and 3; 
 50.35  84.862; 169.01, subdivision 86; and 171.07, subdivision 12; and 
 50.36  Laws 1996, chapter 407, section 32, are repealed. 
 51.1      Sec. 67.  [EFFECTIVE DATE.] 
 51.2      (a) Sections 13, 39, and 64 are effective the day following 
 51.3   final enactment. 
 51.4      (b) Sections 1 to 12, 14 to 38, 40 to 63, 65, and 66 are 
 51.5   effective January 1, 1999, and apply to crimes committed on or 
 51.6   after that date.