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HF 2970

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to natural resources; imposing requirements 
  1.3             on certain purchases of the commissioner of natural 
  1.4             resources; requiring certain rule amendments; 
  1.5             authorizing hiring of employees for operations and 
  1.6             maintenance of a certain off-highway vehicle 
  1.7             recreation area; providing that a certain speed limit 
  1.8             set by rule for waters of the state does not apply in 
  1.9             certain circumstances to snowmobiles; exempting 
  1.10            all-terrain vehicles used exclusively on owners' or 
  1.11            drivers' property from registration; authorizing the 
  1.12            commissioner of natural resources to use grant money 
  1.13            for snowmobile trail grooming equipment reimbursement; 
  1.14            appropriating money for maintenance, monitoring, 
  1.15            environmental review, and enforcement related to 
  1.16            recreational motor vehicle use; amending Minnesota 
  1.17            Statutes 2000, sections 84.025, by adding a 
  1.18            subdivision; 84.87, by adding a subdivision; 84.922, 
  1.19            subdivision 1a. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 2000, section 84.025, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 10.  [RECREATIONAL VEHICLES AND BOATS USED FOR PUBLIC 
  1.24  PURPOSES.] All snowmobiles and outboard motors that are 
  1.25  purchased by the commissioner of natural resources must be of 
  1.26  the four-stroke engine model.  All all-terrain vehicles 
  1.27  purchased by the commissioner must be manufactured in the state 
  1.28  of Minnesota. 
  1.29     Sec. 2.  Minnesota Statutes 2000, section 84.87, is amended 
  1.30  by adding a subdivision to read: 
  1.31     Subd. 2d.  [NO SPEED LIMITS ON WATERS OF THE STATE.] A 
  1.32  speed limit established by the commissioner in rules adopted 
  2.1   under section 84.86 does not apply to a snowmobile that is 
  2.2   operated during the daylight hours on waters of this state, as 
  2.3   defined under section 97A.015, subdivision 54.  The commissioner 
  2.4   shall not set a maximum rate of speed that is considered 
  2.5   unreasonable for snowmobiles operated on waters of this state. 
  2.6      Sec. 3.  Minnesota Statutes 2000, section 84.922, 
  2.7   subdivision 1a, is amended to read: 
  2.8      Subd. 1a.  [EXEMPTIONS.] All-terrain vehicles exempt from 
  2.9   registration are: 
  2.10     (1) vehicles owned and used by the United States, the 
  2.11  state, another state, or a political subdivision; 
  2.12     (2) vehicles registered in another state or country that 
  2.13  have not been in this state for more than 30 consecutive days; 
  2.14     (3) vehicles used exclusively by the owner or driver on the 
  2.15  owner's or driver's own property; and 
  2.16     (3) (4) vehicles used exclusively in organized track racing 
  2.17  events. 
  2.18     [EFFECTIVE DATE.] This section is effective the day 
  2.19  following final enactment. 
  2.20     Sec. 4.  [PUBLIC USE OF RECREATIONAL AREAS; RULES.] 
  2.21     (a) Minnesota Rules, part 6100.1950, subpart 7, shall be 
  2.22  amended by adding a new item F to read:  "F. Subpart 1 does not 
  2.23  apply to motor vehicles used to carry out silvicultural 
  2.24  activities, including timber cruising, and the harvest and 
  2.25  transport of forest products for commercial purposes." 
  2.26     (b) Minnesota Rules, part 6100.1950, subpart 7, shall be 
  2.27  amended by adding a new item G to read:  "G. The commissioner 
  2.28  may grant a variance from the requirements of subpart 1 to 
  2.29  private landowners and leaseholders when the only reasonable 
  2.30  access to their land is across state forest lands." 
  2.31     Sec. 5.  [GILBERT OFF-HIGHWAY VEHICLE RECREATION AREA.] 
  2.32     Notwithstanding Laws 2002, chapter 220, article 10, section 
  2.33  38, the commissioner may hire employees for the operations and 
  2.34  maintenance of the Gilbert off-highway vehicle recreation area 
  2.35  funded from Laws 2001, First Special Session chapter 2, section 
  2.36  5, subdivision 6, titled Trails and Waterways Management. 
  3.1      Sec. 6.  [APPROPRIATION.] 
  3.2      $1,215,000 in fiscal year 2003 is appropriated from the 
  3.3   natural resources fund to the commissioner of natural resources 
  3.4   for maintaining lands and trails administered by the 
  3.5   commissioner and open to recreational motor vehicle use and for 
  3.6   monitoring and enforcement activities on those lands and trails 
  3.7   and environmental review on planned recreational motor vehicle 
  3.8   trails.  Of this amount, $700,000 is from the all-terrain 
  3.9   vehicle account, $460,000 is from the off-road vehicle account, 
  3.10  and $55,000 is from the off-highway motorcycle account.  
  3.11  Notwithstanding Laws 2002, chapter 220, article 10, section 38, 
  3.12  the commissioner may hire employees paid by this appropriation. 
  3.13     Sec. 7.  [PUBLIC USE OF RECREATIONAL AREAS; RULES.] 
  3.14     (a) The commissioner of natural resources shall amend the 
  3.15  permanent rules relating to public use of recreational areas, 
  3.16  Minnesota Rules, parts 6100.0100 to 6100.2400, according to this 
  3.17  section and pursuant to Minnesota Statutes, section 14.388. 
  3.18     (b) Minnesota Rules, part 6100.1950, subpart 1, item A, 
  3.19  shall be amended to read:  "A.  Motor vehicles may operate on 
  3.20  forest lands classified as managed only on forest roads and 
  3.21  forest trails that are not posted and designated closed, subject 
  3.22  to the limitations and exceptions in this part." 
  3.23     (c) Minnesota Rules, part 6100.1950, subpart 7, item D, 
  3.24  shall be amended to read:  "D.  On forest lands classified as 
  3.25  managed or limited, persons lawfully engaged in hunting big game 
  3.26  or constructing hunting stands during October, November, and 
  3.27  December, or trapping during open seasons, may use ATV's off 
  3.28  forest trails in a manner consistent with this subpart.  This 
  3.29  exception does not apply in the Richard J. Dorer memorial 
  3.30  hardwood forest." 
  3.31     Sec. 8.  [SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT; 
  3.32  AUTHORIZATION.] 
  3.33     Upon a showing of need, the commissioner of natural 
  3.34  resources may use up to 50 percent of a snowmobile maintenance 
  3.35  and grooming grant under Minnesota Statutes, section 84.83, that 
  3.36  was available as of December 31, 2001, to reimburse the intended 
  4.1   recipient for the actual cost of snowmobile trail grooming 
  4.2   equipment to be used for grant-in-aid trails.  The costs must be 
  4.3   incurred prior to April 1, 2002, and recipients must provide 
  4.4   acceptable documentation of the costs to the commissioner.  All 
  4.5   applications for reimbursement under this section must be 
  4.6   received no later than June 1, 2002. 
  4.7      Sec. 9.  [EFFECTIVE DATE.] 
  4.8      Section 8 is effective the day following final enactment.