1.1.................... moves to amend H.F. No. 742, the third engrossment, as follows:
1.2Page 3, after line 21, insert:
1.3 "Sec. 4. Minnesota Statutes 2012, section 84.788, is amended by adding a subdivision
1.4to read:
1.5 Subd. 13. Grant-in-aid donations. (a) At the time of registration, a person
1.6may agree to add a donation of any amount to the off-highway motorcycle registration
1.7fee for grant-in-aid off-highway motorcycle trails. An additional commission may not
1.8be assessed on the donation. The commissioner shall offer the opportunity to make a
1.9donation under this subdivision to all registrants and shall issue a recognition grant-in-aid
1.10trail sticker to registrants contributing $20 or more.
1.11(b) Money donated under this subdivision shall be deposited in the off-highway
1.12motorcycle account in the natural resources fund and shall be used for the grant-in-aid
1.13program as provided under section 84.794, subdivision 2, paragraph (a), clause (3).
1.14 Sec. 5. Minnesota Statutes 2012, section 84.794, subdivision 1, is amended to read:
1.15 Subdivision 1.
Registration revenue. Fees from the registration of off-highway
1.16motorcycles
, donations received under section 84.788, subdivision 13, and the unrefunded
1.17gasoline tax attributable to off-highway motorcycle use under section
296A.18 must be
1.18deposited in the state treasury and credited to the off-highway motorcycle account in
1.19the natural resources fund.
1.20 Sec. 6. Minnesota Statutes 2012, section 84.798, is amended by adding a subdivision
1.21to read:
1.22 Subd. 11. Grant-in-aid trail donations. (a) At the time of registration, a person
1.23may agree to add a donation of any amount to the off-road vehicle registration fee for
1.24grant-in-aid off-road vehicle trails. An additional commission may not be assessed on the
1.25donation. The commissioner shall offer the opportunity to make a donation under this
2.1subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
2.2registrants contributing $20 or more.
2.3(b) Money donated under this subdivision shall be deposited in the off-road vehicle
2.4account in the natural resources fund and shall be used for the grant-in-aid program as
2.5provided under section 84.803, subdivision 2, clause (3).
2.6 Sec. 7. Minnesota Statutes 2012, section 84.803, subdivision 1, is amended to read:
2.7 Subdivision 1.
Registration revenue. Fees from the registration of off-road
2.8vehicles
, donations received under section 84.798, subdivision 11, and unrefunded
2.9gasoline tax attributable to off-road vehicle use under section
296A.18 must be deposited in
2.10the state treasury and credited to the off-road vehicle account in the natural resources fund.
2.11 Sec. 8. Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to
2.12read:
2.13 Subd. 12. Grant-in-aid trail donations. (a) At the time of registration, a person
2.14may agree to add a donation of any amount to the snowmobile registration fee for
2.15grant-in-aid snowmobile trails. An additional commission may not be assessed on the
2.16donation. The commissioner shall offer the opportunity to make a donation under this
2.17subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
2.18registrants contributing $20 or more.
2.19(b) Money donated under this subdivision shall be deposited in the snowmobile trails
2.20and enforcement account in the natural resources fund and shall be used for the grant-in-aid
2.21program as provided under section 84.83, subdivision 3, paragraph (a), clause (1).
2.22 Sec. 9. Minnesota Statutes 2012, section 84.83, subdivision 2, is amended to read:
2.23 Subd. 2.
Money deposited in the account. Fees from the registration of
2.24snowmobiles and from the issuance of snowmobile state trail stickers
, donations received
2.25under section 84.82, subdivision 12, and the unrefunded gasoline tax attributable to
2.26snowmobile use pursuant to section
296A.18 shall be deposited in the state treasury and
2.27credited to the snowmobile trails and enforcement account."
2.28Page 4, after line 6, insert:
2.29 "Sec. 11. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
2.30to read:
2.31 Subd. 13. Grant-in-aid trail contributions. (a) At the time of registration,
2.32the commissioner shall offer a registrant the opportunity to make a contribution for
3.1grant-in-aid trails. The commissioner shall issue a recognition grant-in-aid trail sticker to
3.2registrants contributing $20 or more.
3.3(b) Money contributed under this subdivision shall be deposited in the state treasury
3.4and credited to the all-terrain vehicle account and is dedicated for the grant-in-aid trail
3.5program.
3.6 Sec. 12. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
3.7to read:
3.8 Subd. 14. No registration weekend. The commissioner shall designate by rule one
3.9weekend each year when, notwithstanding subdivision 1, an all-terrain vehicle may be
3.10operated on state and grant-in-aid all-terrain vehicle trails without a registration issued
3.11under this section. Nonresidents may participate during the designated weekend without a
3.12state trail pass required under section 84.9275.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.
3.14 Sec. 13. Minnesota Statutes 2012, section 84.9256, subdivision 1, is amended to read:
3.15 Subdivision 1.
Prohibitions on youthful operators. (a) Except for operation on
3.16public road rights-of-way that is permitted under section
84.928 and as provided under
3.17paragraph (j), a driver's license issued by the state or another state is required to operate an
3.18all-terrain vehicle along or on a public road right-of-way.
3.19 (b) A person under 12 years of age shall not:
3.20 (1) make a direct crossing of a public road right-of-way;
3.21 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
3.22 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
3.23paragraph (f).
3.24 (c) Except for public road rights-of-way of interstate highways, a person 12 years
3.25of age but less than 16 years may make a direct crossing of a public road right-of-way
3.26of a trunk, county state-aid, or county highway or operate on public lands and waters or
3.27state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
3.28certificate issued by the commissioner and is accompanied by a person 18 years of age or
3.29older who holds a valid driver's license.
3.30 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
3.31old, but less than
16 18 years old, must:
3.32 (1) successfully complete the safety education and training program under section
3.3384.925
, subdivision 1, including a riding component; and
4.1 (2) be able to properly reach and control the handle bars and reach the foot pegs
4.2while sitting upright on the seat of the all-terrain vehicle.
4.3 (e) A person at least 11 years of age may take the safety education and training
4.4program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
4.5the certificate is not valid until the person reaches age 12.
4.6 (f) A person at least ten years of age but under 12 years of age may operate an
4.7all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
4.8accompanied by a parent or legal guardian.
4.9 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
4.10 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
4.11lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
4.12control the handle bars and reach the foot pegs while sitting upright on the seat of the
4.13all-terrain vehicle.
4.14(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
4.1516 years old, may make a direct crossing of a public road right-of-way of a trunk, county
4.16state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
4.17or state or grant-in-aid trails if:
4.18(1) the nonresident youth has in possession evidence of completing an all-terrain
4.19safety course offered by the ATV Safety Institute or another state as provided in section
4.2084.925
, subdivision 3; and
4.21(2) the nonresident youth is accompanied by a person 18 years of age or older who
4.22holds a valid driver's license.
4.23(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
4.24vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under
4.25section 84.928 if the person:
4.26(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
4.27and
4.28(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle."
4.29Page 4, after line 30, insert:
4.30 "Sec. 15. Minnesota Statutes 2012, section 84.928, subdivision 1, is amended to read:
4.31 Subdivision 1.
Operation on roads and rights-of-way. (a) Unless otherwise
4.32allowed in sections
84.92 to
84.928, a person shall not operate an all-terrain vehicle in
4.33this state along or on the roadway, shoulder, or inside bank or slope of a public road
4.34right-of-way of a trunk, county state-aid, or county highway.
5.1 (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
5.2bank or slope of a trunk, county state-aid, or county highway unless prohibited under
5.3paragraph (d) or (f).
5.4 (c) A person may operate a class 2 all-terrain vehicle
:
5.5 (1) within the public road right-of-way of a county state-aid or county highway on
5.6the extreme right-hand side of the road and left turns may be made from any part of
5.7the road if it is safe to do so under the prevailing conditions, unless prohibited under
5.8paragraph (d) or (f)
.;
5.9 (2) on the bank, slope, or ditch of a public road right-of-way of a trunk highway,
5.10but only to access businesses or make trail connections, and left turns may be made from
5.11any part of the road if it is safe to do so under the prevailing conditions, unless prohibited
5.12under paragraph (d) or (f); and
5.13 (3) A person may operate a class 2 all-terrain vehicle on the bank or ditch of a
5.14public road right-of-way
:
5.15 (i) on a designated class 2 all-terrain vehicle trail
.; or
5.16 (ii) to access businesses or make trail connections when operation within the public
5.17road right-of-way is unsafe.
5.18 (d) A road authority as defined under section
160.02, subdivision 25, may after a
5.19public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
5.20its jurisdiction.
5.21 (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
5.22operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
5.23bank or slope of a trunk, interstate, county state-aid, or county highway:
5.24(1) that is part of a funded grant-in-aid trail; or
5.25(2) when the all-terrain vehicle is owned by or operated under contract with a publicly
5.26or privately owned utility or pipeline company and used for work on utilities or pipelines.
5.27 (f) The commissioner may limit the use of a right-of-way for a period of time if the
5.28commissioner determines that use of the right-of-way causes:
5.29 (1) degradation of vegetation on adjacent public property;
5.30 (2) siltation of waters of the state;
5.31 (3) impairment or enhancement to the act of taking game; or
5.32 (4) a threat to safety of the right-of-way users or to individuals on adjacent public
5.33property.
5.34 The commissioner must notify the road authority as soon as it is known that a closure
5.35will be ordered. The notice must state the reasons and duration of the closure.
6.1 (g) A person may operate an all-terrain vehicle registered for private use and used
6.2for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
6.3county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
6.4side of the road, and left turns may be made from any part of the road if it is safe to do so
6.5under the prevailing conditions.
6.6 (h) A person shall not operate an all-terrain vehicle within the public road
6.7right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
6.8the agricultural zone unless the vehicle is being used exclusively as transportation to and
6.9from work on agricultural lands. This paragraph does not apply to an agent or employee
6.10of a road authority, as defined in section
160.02, subdivision 25, or the Department of
6.11Natural Resources when performing or exercising official duties or powers.
6.12 (i) A person shall not operate an all-terrain vehicle within the public road right-of-way
6.13of a trunk, county state-aid, or county highway between the hours of one-half hour after
6.14sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way
6.15and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.
6.16 (j) A person shall not operate an all-terrain vehicle at any time within the
6.17right-of-way of an interstate highway or freeway within this state."
6.18Page 10, after line 24, insert:
6.19 "Sec. 27. Minnesota Statutes 2012, section 85.41, is amended by adding a subdivision
6.20to read:
6.21 Subd. 6. Grant-in-aid trail donations. (a) At the time of purchasing the pass
6.22required under subdivision 1, a person may agree to add a donation of any amount to
6.23the cross-country ski pass fee for grant-in-aid cross-country ski trails. An additional
6.24commission may not be assessed on the donation. The commissioner shall offer the
6.25opportunity to make a donation under this subdivision to all pass purchasers and shall
6.26issue a recognition grant-in-aid trail sticker to a person contributing $20 or more.
6.27(b) Money donated under this subdivision shall be deposited in the cross-country ski
6.28account in the natural resources fund and shall be used for the grant-in-aid program as
6.29provided under section 85.43, paragraph (a), clause (1).
6.30 Sec. 28. Minnesota Statutes 2012, section 85.43, is amended to read:
6.3185.43 DISPOSITION OF RECEIPTS; PURPOSE.
6.32(a) Fees from cross-country ski passes
and donations received under section 85.41,
6.33subdivision 6, shall be deposited in the state treasury and credited to a cross-country ski
6.34account in the natural resources fund and, except for the electronic licensing system
7.1commission established by the commissioner under section
84.027, subdivision 15, are
7.2appropriated to the commissioner of natural resources for the following purposes:
7.3(1) grants-in-aid for cross-country ski trails to:
7.4(i) counties and municipalities for construction and maintenance of cross-country
7.5ski trails; and
7.6(ii) special park districts as provided in section
85.44 for construction and
7.7maintenance of cross-country ski trails; and
7.8(2) administration of the cross-country ski trail grant-in-aid program.
7.9(b) Development and maintenance of state cross-country ski trails are eligible for
7.10funding from the cross-country ski account if the money is appropriated by law.
7.11 Sec. 29. Minnesota Statutes 2012, section 85.46, subdivision 6, is amended to read:
7.12 Subd. 6.
Disposition of receipts. Fees
and donations collected under this section,
7.13except for the issuing fee, shall be deposited in the state treasury and credited to the horse
7.14pass account in the natural resources fund. Except for the electronic licensing system
7.15commission established by the commissioner under section
84.027, subdivision 15, the
7.16fees are appropriated to the commissioner of natural resources for trail acquisition, trail
7.17and facility development, and maintenance, enforcement, and rehabilitation of horse
7.18trails or trails authorized for horse use, whether for riding, leading, or driving, on land
7.19administered by the commissioner.
7.20 Sec. 30. Minnesota Statutes 2012, section 85.46, is amended by adding a subdivision
7.21to read:
7.22 Subd. 8. Trail donations. At the time of purchasing the pass required under
7.23subdivision 1, a person may agree to add a donation of any amount to the horse pass
7.24fee for horse trails. An additional commission may not be assessed on the donation.
7.25The commissioner shall offer the opportunity to make a donation under this subdivision
7.26to all pass purchasers and shall issue a recognition trail sticker to a person contributing
7.27$20 or more."
7.28Renumber the sections in sequence and correct the internal references
7.29Amend the title accordingly