Conference Committee Report on S.F. No. 2096

S.F. No. 2096, Conference Committee Report - 85th Legislative Session (2007-2008) Posted on May 03, 2007

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2096

84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
49.16 Subdivision 1. Designated trails. (a) Except as otherwise allowed by law or rules
49.17adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
49.18to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state
49.19land administered by the commissioner of natural resources, and on county-administered
49.20forest land within the boundaries of a state forest, except on roads and trails specifically
49.21designated and posted by the commissioner for use by off-highway vehicles.
49.22 (b) Paragraph (a) does not apply to county-administered land within a state forest if
49.23the county board adopts a resolution that modifies restrictions on the use of off-highway
49.24vehicles on county-administered land within the forest.
49.25 Subd. 2. Off-highway vehicle seasons. (a) The commissioner shall prescribe
49.26seasons for off-highway vehicle use on state forest lands. Except for designated forest
49.27roads, a person must not operate an off-highway vehicle on state forest lands outside of
49.28the seasons prescribed under this paragraph.
49.29 (b) The commissioner may designate and post winter trails on state forest lands
49.30for use by off-highway vehicles.
49.31 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
49.32the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
49.33managed by the commissioner under section 282.011.
50.1 Subd. 3. Mapped trails. Except as provided in sections 84.926 and 84.928, after
50.2completion of off-highway vehicle maps for the area, a person must not operate an
50.3off-highway vehicle on state land that is not mapped for the type of off-highway vehicle.
50.4 Subd. 4. Exemption from rulemaking. Determinations of the commissioner under
50.5this section may be by written order published in the State Register and are exempt from
50.6the rulemaking provisions of chapter 14. Section 14.386 does not apply.

50.7 Sec. 24. Minnesota Statutes 2006, section 84.780, is amended to read:
50.884.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
50.9 (a) The off-highway vehicle damage account is created in the natural resources fund.
50.10Money in the off-highway vehicle damage account is appropriated to the commissioner of
50.11natural resources for the repair or restoration of property damaged by the illegal operation
50.12of off-highway vehicles or the operation of off-highway vehicles in an unpermitted area
50.13after August 1, 2003, and for the costs of administration for this section. Before the
50.14commissioner may make a payment from this account, the commissioner must determine
50.15whether the damage to the property was caused by the unpermitted or illegal use of
50.16off-highway vehicles, that the applicant has made reasonable efforts to identify the
50.17responsible individual and obtain payment from the individual, and that the applicant has
50.18made reasonable efforts to prevent reoccurrence. By June 30, 2008, the commissioner of
50.19finance must transfer the remaining balance in the account to the off-highway motorcycle
50.20account under section 84.794, the off-road vehicle account under section 84.803, and the
50.21all-terrain vehicle account under section 84.927. The amount transferred to each account
50.22must be proportionate to the amounts received in the damage account from the relevant
50.23off-highway vehicle accounts.
50.24 (b) Determinations of the commissioner under this section may be made by written
50.25order and are exempt from the rulemaking provisions of chapter 14. Section 14.386
50.26does not apply.
50.27 (c) This section expires July 1, 2008 Money in the account is available until
50.28expended.

50.29 Sec. 25. [84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS.
50.30 Notwithstanding any provision of sections 84.797 to 84.805 or other law to the
50.31contrary, the commissioner shall not permit land administered by the commissioner in
50.32Cass, Crow Wing, and Hubbard Counties to be used or developed for trails primarily for
50.33off-road vehicles as defined in section 84.797, subdivision 7, except:
50.34 (1) upon approval by the legislature; or
51.1 (2) in designated off-road vehicle use areas.
51.2EFFECTIVE DATE.This section is effective the day following final enactment.

Sec. 26. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
51.4PROGRAM.
51.5 Subdivision 1. Creation. The commissioner of natural resources shall establish
51.6a program to promote the safe and responsible operation of off-highway vehicles in a
51.7manner that does not harm the environment.
51.8 Subd. 2. Agreements. (a) The commissioner shall enter into agreements with
51.9organizations for volunteer services that promote the safe and responsible operation
51.10of off-highway vehicles in a manner that does not harm the environment to maintain,
51.11make improvements to, and monitor trails on state forest land and other public lands.
51.12The organizations shall promote the operation of off-highway vehicles in a safe and
51.13responsible manner that complies with the laws and rules that relate to the operation
51.14of off-highway vehicles.
51.15 (b) The organizations may provide assistance to the department in locating,
51.16recruiting, and training instructors for off-highway vehicle training programs.
51.17 (c) The commissioner may provide assistance to enhance the comfort and safety
51.18of volunteers and to facilitate the implementation and administration of the safety and
51.19conservation program.
51.20 (d) The commissioner shall establish standards, train, and certify organizations and
51.21individuals participating as volunteers under this section. The training shall include:
51.22 (1) the identification of invasive species;
51.23 (2) correctly reporting the location of invasive species; and
51.24 (3) basic global positioning system operation.
51.25 Subd. 3. Worker displacement prohibited. The commissioner may not enter into
51.26any agreement that has the purpose of or results in the displacement of public employees
51.27by volunteers participating in the off-highway safety and conservation program under
51.28this section. The commissioner must certify to the appropriate bargaining agent that the
51.29work performed by a volunteer will not result in the displacement of currently employed
51.30workers or workers on seasonal layoff or layoff from a substantially equivalent position,
51.31including partial displacement such as reduction in hours of nonovertime work, wages, or
51.32other employment benefits.
52.1 Subd. 4. Off-Highway Vehicle Safety Advisory Council. (a) The commissioner
52.2of natural resources shall appoint an Off-Highway Vehicle Safety Advisory Council to
52.3advise the commissioner on:
52.4 (1) off-highway vehicle safety; and
52.5 (2) standards and certification for organizations and individuals participating as
52.6volunteers under this section.

52.7 Sec. 27. Minnesota Statutes 2006, section 84.922, subdivision 1a, is amended to read:
52.8 Subd. 1a. Exemptions. All-terrain vehicles exempt from registration are:
52.9 (1) vehicles owned and used by the United States, the state, another state, or a
52.10political subdivision;
52.11 (2) vehicles registered in another state or country that have not been in this state
52.12for more than 30 consecutive days; and
52.13 (3) vehicles used exclusively in organized track racing events; and
52.14 (4) vehicles that are 25 years old or older and were originally produced as a separate
52.15identifiable make by a manufacturer.

52.16 Sec. 28. Minnesota Statutes 2006, section 84.922, subdivision 5, is amended to read:
52.17 Subd. 5. Fees for registration. (a) The fee for a three-year registration of
52.18an all-terrain vehicle under this section, other than those registered by a dealer or
52.19manufacturer under paragraph (b) or (c), is:
52.20 (1) for public use before January 1, 2005, $23;
52.21 (2) for public use on January 1, 2005, and after, $30 $45;
52.22 (3) (2) for private use, $6; and
52.23 (4) (3) for a duplicate or transfer, $4.
52.24 (b) The total registration fee for all-terrain vehicles owned by a dealer and operated
52.25for demonstration or testing purposes is $50 per year. Dealer registrations are not
52.26transferable.
52.27 (c) The total registration fee for all-terrain vehicles owned by a manufacturer and
52.28operated for research, testing, experimentation, or demonstration purposes is $150 per
52.29year. Manufacturer registrations are not transferable.
52.30 (d) The fees collected under this subdivision must be credited to the all-terrain
52.31vehicle account.
52.32EFFECTIVE DATE.This section is effective January 1, 2008.

52.33 Sec. 29. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:
53.1 Subd. 2. Purposes. Subject to appropriation by the legislature, money in the
53.2all-terrain vehicle account may only be spent for:
53.3 (1) the education and training program under section 84.925;
53.4 (2) administration, enforcement, and implementation of sections 84.773 to 84.929;
53.5 (3) acquisition, maintenance, and development of vehicle trails and use areas;
53.6 (4) grant-in-aid programs to counties and municipalities to construct and maintain
53.7all-terrain vehicle trails and use areas;
53.8 (5) grants-in-aid to local safety programs; and
53.9 (6) enforcement and public education grants to local law enforcement agencies.; and
53.10 (7) maintenance of minimum-maintenance forest roads designated under section
53.1189.71, subdivision 5, and county forest roads that are part of a designated trail system
53.12within state forest boundaries as established under section 89.021.
53.13 The distribution of funds made available through grant-in-aid programs must be
53.14guided by the statewide comprehensive outdoor recreation plan.