.................... moves to amend H.F. No. 1097, the delete everything amendment
(H1097DE1-2), as follows:
Page 5, after line 8, insert:
"Sec. 9. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
Subd. 2. Off-highway vehicle seasonal restrictions.
The commissioner shall
1.6 prescribe seasons for off-highway vehicle use on state forest lands.
Except for designated
forest roads, a person must not operate an off-highway vehicle on state forest lands
1.8 outside of the seasons prescribed under this paragraph; or (2)
during the firearms deer
hunting season in areas of the state where deer may be taken by rifle. This paragraph
does not apply to a person in possession of a valid deer hunting license operating an
off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.
(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section
, subdivision 13, and lands
managed by the commissioner under section
Sec. 10. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
1.19 Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
1.20this section may also be registered as a motorcycle under chapter 168 for use on public
1.21roads and highways.
1.22(b) If the off-highway motorcycle was not originally constructed primarily for use
1.23on public roads and highways, the off-highway motorcycle must be equipped with mirrors
1.24and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
1.25requirements of chapter 169, the safety standards of the National Traffic and Motor Safety
1.26Act, United States Code, title 15, sections 1381 through 1431, and the regulations adopted
2.1under that federal act, for motorcycles regarding safety and acceptability to operate on
2.2public roads and highways.
2.3(c) An applicant for registration under chapter 168 must submit a form, prescribed
2.4by the commissioner of public safety.
2.5(d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the
2.6requirements of chapter 169 according to this subdivision.
Sec. 11. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
2.8 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
2.9vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
2.10nonresident off-road vehicle state trail pass sticker issued according to this section.
2.11The pass must be viewable by a peace officer, a conservation officer, or an employee
2.12designated under section
2.13(b) The fee for an annual pass is $20. The pass is valid from January 1 through
2.14December 31. The fee for a three-year pass is $30. The commissioner of natural resources
2.15shall issue a pass upon application and payment of the fee. Fees collected under this
2.16section, except for the issuing fee for licensing agents, shall be deposited in the state
2.17treasury and credited to the off-road vehicle account in the natural resources fund and,
2.18except for the electronic licensing system commission established by the commissioner
84.027, subdivision 15, must be used for grants-in-aid to counties and
2.20municipalities for off-road vehicle organizations to construct and maintain off-road
2.21vehicle trails and use areas.
2.22 (c) A nonresident off-road vehicle state trail pass is not required for:
2.23 (1) an off-road vehicle that is owned and used by the United States, another state,
2.24or a political subdivision thereof that is exempt from registration under section
2.26 (2) a person operating an off-road vehicle only on the portion of a trail that is owned
2.27by the person or the person's spouse, child, or parent; or
2.28(3) a nonresident operating an off-road vehicle that is registered according to section
2.30 Subd. 2. License agents. The commissioner may appoint agents to issue and
2.31sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
2.32appointment of an agent at any time. The commissioner may adopt additional rules as
2.33provided in section
97A.485, subdivision 11. An agent shall observe all rules adopted
2.34by the commissioner for accounting and handling of passes pursuant to section
. An agent shall promptly deposit and remit all money received from the
3.2sale of the passes, exclusive of the issuing fee, to the commissioner.
3.3 Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
3.4nonresident off-road vehicle state trail passes. The commissioner shall also make the
3.5passes available through the electronic licensing system established under section
3.7 Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
3.8shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
3.9passes issued by the commissioner shall be deposited in the off-road vehicle account in the
3.10natural resources fund and retained for the operation of the electronic licensing system.
3.11 Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
3.12pass to persons whose pass is lost or destroyed using the process established under section
3.1397A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
3.14off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
Sec. 12. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
Subd. 8. All-terrain vehicle or vehicle.
"All-terrain vehicle" or "vehicle" means a
of not less than three low pressure tires, but not more
3.18 than equipped with three to
, that is limited in engine displacement
3.19 of less than 960 cubic centimeters
and includes a class 1 all-terrain vehicle and class
2 all-terrain vehicle. All-terrain vehicle does not include a golf cart; a mini-truck; a
3.21dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance,
3.22agriculture, logging, or mining purposes.
Sec. 13. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
Subd. 9. Class 1 all-terrain vehicle.
"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than 1,000 pounds and has a straddled
Sec. 14. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
Subd. 10. Class 2 all-terrain vehicle.
"Class 2 all-terrain vehicle" means an
all-terrain vehicle that is not a class 1 all-terrain vehicle,
has a total dry weight of
1,800 pounds or less, and has a manufacturer's published width of 68 inches or less
Page 6, after line 6, insert:
"Sec. 16. Minnesota Statutes 2010, section 84.9257, is amended to read:
(a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
(b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
a only one
passenger, or up to the number of passengers for which the vehicle
was designed, whichever is greater.
4.6(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
4.7only one passenger and the passenger must be the person's parent or legal guardian.
Page 17, after line 14, insert:
"Sec. 45. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
Subd. 3. Voluntary titling.
The owner of a device used or designed for navigation
on water and used on the waters of this state may obtain a certificate of title for the device,
even though it is not a watercraft as defined in section
86B.820, subdivision 14
, in the
same manner and with the same effect as the owner of a watercraft required to be titled
Laws 1989, chapter 335 sections 86B.820 to 86B.920
. Once titled, the device
is a titled watercraft as defined in section
86B.820, subdivision 13
, and is and remains
Laws 1989, chapter 335 sections 86B.820 to 86B.920
, to the same extent as a
watercraft required to be titled.
Sec. 46. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
Subd. 2. Issuance.
(a) The commissioner shall issue a certificate of title for a
watercraft upon verification that:
(1) the application is genuine;
(2) the applicant is the owner of the watercraft; and
(3) payment of the required fee.
(b) The original certificate of title must be mailed to the
first secured party disclosed
4.25 in the application or, if none, to the
owner named in the application. Secured parties, if
4.26any, must be mailed notification of their security interest filed.
Sec. 47. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
Subdivision 1. Form and issuance.
(a) The commissioner may issue a duplicate
certificate of title under this section. The duplicate certificate of title must be a certified
copy plainly marked "duplicate" across its face and must contain the legend: "This
duplicate certificate of title may be subject to the rights of a person under the original
certificate." It must be mailed
to the first secured party named in it or, if none,
to the owner.
The commissioner shall indicate in the department records that a duplicate has been issued.
(b) As a condition to issuing a duplicate certificate of title, the commissioner may
require a bond from the applicant in the manner and form prescribed in section
, paragraph (b).
Sec. 48. Minnesota Statutes 2010, section 86B.885, is amended to read:
5.586B.885 OWNER-CREATED SECURITY INTEREST.
Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
(a) The owner shall immediately execute the application in the space provided on the
certificate of title or on a separate form prescribed by the commissioner, show the name
and address of the secured party on the certificate, and have the certificate, application,
and required fee delivered to the secured party.
(b) The secured party shall immediately have the certificate, application, and
required fee mailed or delivered to the commissioner.
Upon request of the owner or A second or
subordinate secured party
, a secured
5.14 party in possession of the certificate of title shall either (1) mail or deliver the certificate
5.15 to the subordinate secured party for delivery to the commissioner, or (2) upon receiving
5.16 from the subordinate secured party the owner's application and the required fee, mail or
5.17 deliver them to the commissioner with the certificate. The delivery of the certificate
not affect the rights of the first secured party under the security agreement.
(d) Upon receiving the certificate of title, application, and required fee, the
commissioner shall either endorse on the certificate or issue a new certificate containing
the name and address of the new secured party, and mail or deliver the certificate to the
first secured party named on it owner. The secured party or parties shall be issued a
5.23notification that the security interest has been recorded
Page 49, after line 31, insert:
"Sec. 102. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to
Subd. 18. Motor vehicle.
(a) "Motor vehicle" means any self-propelled vehicle
designed and originally manufactured to operate primarily on highways, and not operated
exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires but not operated upon rails. It does
not include snowmobiles, manufactured homes, or park trailers.
(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
and (3) displays both disability plates and a physically disabled certificate issued under
(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
before August 1, 1985. The owner may continue to license an all-terrain vehicle described
in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
owner, is destroyed, or fails to comply with the registration and licensing requirements
of this chapter.
(d) "Motor vehicle" does not include an electric personal assistive mobility device as
defined in section
169.011, subdivision 26
(e) "Motor vehicle" does not include a motorized foot scooter as defined in section
6.12169.011, subdivision 46
6.13(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
6.14requirements of chapter 169 according to section 84.788, subdivision 12.
Sec. 103. Minnesota Statutes 2010, section 168A.085, is amended to read:
6.16168A.085 APPLICATION FOR TITLE
OR REGISTRATION, CERTAIN
Subdivision 1. Limitations.
No application for certificate of title
be issued for a vehicle that was not manufactured in compliance with applicable federal
emission standards in force at the time of manufacture as provided by the Clean Air Act,
United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant
thereto, and safety standards as provided by the National Traffic and Motor Safety Act,
United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant
thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle
was not brought into the United States from outside the country or all of the following:
(1) a bond release letter, with all attachments, issued by the United States Department
of Transportation acknowledging receipt of a statement of compliance submitted by the
importer of the vehicle and that the statement meets the safety requirements as provided
by Code of Federal Regulations, title 19, section 12.80(e);
(2) a bond release letter, with all attachments, issued by the United States
Environmental Protection Agency stating that the vehicle has been tested and known to
be in conformity with federal emission requirements; and
(3) a receipt or certificate issued by the United States Department of the Treasury
showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618,
title 2, section 201(a), have been fully paid.
Subd. 2. Accompanying documents.
The application for certificate of title
7.2 application for registration
must be accompanied by a manufacturer's certificate of origin
in the English language which was issued by the actual vehicle manufacturer and either:
(1) the original documents constituting valid proof of ownership in the country in
which the vehicle was originally purchased, together with a translation of the documents
into the English language verified as to accuracy of the translation by affidavit of the
(2) with regard to a vehicle imported from a country that cancels the vehicle
registration and title for export, a bond as required by section
168A.07, subdivision 1
Sec. 104. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
Subdivision 1. Designation of roadway, permit.
The governing body of any
county, home rule charter or statutory city, or town may by ordinance authorize the
operation of motorized golf carts,
all-terrain vehicles, or mini trucks, on
designated roadways or portions thereof under its jurisdiction. Authorization to operate a
motorized golf cart,
all-terrain vehicle, or mini truck is by permit only. For
purposes of this section,
a four-wheel an
is a motorized flotation-tired
7.18 vehicle with four low-pressure tires that is limited in engine displacement of less than 800
7.19 cubic centimeters and total dry weight less than 600 pounds has the meaning given in
, and a mini truck has the meaning given in section
169.011, subdivision 40a
Sec. 105. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
Subd. 2. Ordinance.
The ordinance shall designate the roadways, prescribe the
form of the application for the permit, require evidence of insurance complying with the
provisions of section
65B.48, subdivision 5
and may prescribe conditions, not inconsistent
with the provisions of this section, under which a permit may be granted. Permits may be
granted for a period
not to exceed
one year three years
, and may be
A permit may be revoked at any time if there is evidence that the permittee cannot safely
operate the motorized golf cart,
all-terrain vehicle, or mini truck on the
designated roadways. The ordinance may require, as a condition to obtaining a permit,
that the applicant submit a certificate signed by a physician that the applicant is able
to safely operate a motorized golf cart,
all-terrain vehicle, or mini truck on
the roadways designated.
Sec. 106. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
Subd. 3. Times of operation.
Motorized golf carts and
vehicles may only be operated on designated roadways from sunrise to sunset, unless
8.3equipped with original equipment headlights, taillights, and rear-facing brake lights
They shall not be operated in inclement weather, except during emergency conditions as
8.5provided in the ordinance,
or when visibility is impaired by weather, smoke, fog or other
conditions, or at any time when there is insufficient
to clearly see persons
and vehicles on the roadway at a distance of 500 feet.
Sec. 107. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
Subd. 5. Crossing intersecting highways.
The operator, under permit, of a
motorized golf cart,
all-terrain vehicle, or mini truck may cross any street or
highway intersecting a designated roadway.
Sec. 108. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
Subd. 6. Application of traffic laws.
Every person operating a motorized golf cart,
all-terrain vehicle, or mini truck under permit on designated roadways has all
the rights and duties applicable to the driver of any other vehicle under the provisions of
this chapter, except when those provisions cannot reasonably be applied to motorized golf
all-terrain vehicles, or mini trucks and except as otherwise specifically
provided in subdivision 7.
Sec. 109. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
Subd. 7. Nonapplication of certain laws.
The provisions of chapter 171 are
applicable to persons operating mini trucks, but are not applicable to persons operating
motorized golf carts or
all-terrain vehicles under permit on designated
roadways pursuant to this section. Except for the requirements of section
provisions of this chapter relating to equipment on vehicles are not applicable to motorized
golf carts or
all-terrain vehicles operating, under permit, on designated
Sec. 110. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
Subd. 8. Insurance.
In the event persons operating a motorized golf cart,
all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in
the private market, that person may purchase automobile insurance, including no-fault
coverage, from the Minnesota Automobile Insurance Plan under sections
, at a rate to be determined by the commissioner of commerce."
Page 50, after line 27, insert:
"Sec. 113. Minnesota Statutes 2010, section 239.791, is amended by adding a
subdivision to read:
9.4 Subd. 16. Exemption for recreational vehicle manufacturer. A person
9.5responsible for the product may offer for sale, sell, or dispense gasoline that is not
9.6oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
9.7for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
9.8motorcycles, or recreational vehicles.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly