1.1 	A bill for an act
1.2 	relating to natural resources; regulating off-highway
1.3 	vehicles; requiring rulemaking and modifying certain
1.4 	rulemaking exemptions; modifying certain state trail
1.5 	provisions; modifying designation of state forest
1.6 	roads; modifying forest classification provisions;
1.7 	requiring a study; providing civil penalties;
1.8 	appropriating money; amending Minnesota Statutes 2004,
1.9 	sections 84.775, subdivision 1; 84.788, subdivision 3;
1.10 	84.789, by adding a subdivision; 84.791, subdivision
1.11 	1; 84.798, subdivision 1; 84.925, subdivision 1, by
1.12 	adding a subdivision; 84.9256, subdivision 1; 84.9257;
1.13 	84.926; 84.928, subdivisions 1, 2, 6; 85.015,
1.14 	subdivision 13; 89.19, subdivision 2; 89.71, by adding
1.15 	a subdivision; Laws 2003, chapter 128, article 1,
1.16 	section 167, subdivision 1; proposing coding for new
1.17 	law in Minnesota Statutes, chapter 84; repealing
1.18 	Minnesota Statutes 2004, section 84.901.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	Section 1. Minnesota Statutes 2004, section 84.775,
1.21 	subdivision 1, is amended to read:
1.22 		Subdivision 1.Civil citation; authority to issue.  (a) A
1.23 	conservation officer or other licensed peace officer may issue a
1.24 	civil citation to a person who operates:
1.25 	(1) an off-highway motorcycle in violation of sections
1.26 	84.773, subdivision 1; 84.777; 84.788 to 84.795; or 84.90;
1.27 	(2) an off-road vehicle in violation of sections 84.773,
1.28 	subdivision 1; 84.777; 84.798 to 84.804; or 84.90; or
1.29 	(3) an all-terrain vehicle in violation of sections 84.773,
1.30 	subdivision 1; 84.777; 84.90; or 84.922 to 84.928.
1.31 	(b) A civil citation under paragraph (a) shall require
1.32 	restitution for public and private property damage and impose a
2.1 	penalty of:
2.2 	(1) $100 for the first offense;
2.3 	(2) $200 for the second offense; and
2.4 	(3) $500 for third and subsequent offenses.
2.5 	(c) A conservation officer of other licensed peace officer
2.6 	may issue a civil citation to a person who operates an
2.7 	off-highway motorcycle, off-road vehicle, or all-terrain vehicle
2.8 	in violation of section 84.773, subdivision 2.  A civil citation
2.9 	under this paragraph shall require restitution for damage to
2.10 	property or wetlands and impose a penalty of:
2.11 	(1) $100 for the first offense;
2.12 	(2) $500 for the second offense; and 
2.13 	(3) $1,000 for third and subsequent offenses.
2.14 	(d) If the peace officer determines that there is damage to
2.15 	property requiring restitution, the commissioner must send a
2.16 	written explanation of the extent of the damage and the cost of
2.17 	the repair by first class mail to the address provided by the
2.18 	person receiving the citation within 15 days of the date of the
2.19 	citation.

2.20 	Sec. 2. [84.781] USE OF DEPARTMENT RESOURCES.
2.21 	The commissioner of natural resources may permit Department
2.22 	of Natural Resources personnel and equipment to be used to
2.23 	assist local units of government in maintaining off-highway
2.24 	vehicle trails located on property owned by or under the control
2.25 	of the local unit of government.

2.26 	Sec. 3. [84.785] OFF-HIGHWAY VEHICLE SAFETY AND
2.27 	CONSERVATION GRANT PROGRAM.
2.28 		Subdivision 1.Creation. The commissioner of natural
2.29 	resources shall establish an off-highway vehicle safety and
2.30 	conservation grant program to award grants to organizations that
2.31 	meet the eligibility requirements under subdivision 3.
2.32 		Subd. 2.Purpose. The purpose of the off-highway vehicle
2.33 	safety and conservation grant program is to encourage
2.34 	off-highway vehicle clubs to assist in safety and environmental
2.35 	education and in improving, maintaining, and monitoring trails
2.36 	on state forest land and other public lands.
3.1 		Subd. 3.Eligibility. To be eligible for a grant under
3.2 	this section, an organization must:
3.3 	(1) be a statewide organization that has been in existence
3.4 	at least five years and that promotes the operation of
3.5 	off-highway vehicles in a manner that is safe, responsible, and
3.6 	does not harm the environment;
3.7 	(2) promote the operation of off-highway vehicles in a
3.8 	manner that does not conflict with the laws and rules that
3.9 	relate to the operation of off-highway vehicles;
3.10 	(3) have an interest limited to the operation of motorized
3.11 	vehicles on motorized trails and other designated areas;
3.12 	(4) have a board of directors that has 80 percent of its
3.13 	members who are representatives of all-terrain vehicle clubs,
3.14 	off-highway motorcycle clubs, or off-road vehicle clubs; and 
3.15 	(5) provide support to off-highway vehicle clubs.
3.16 		Subd. 4.Use of grants. An organization receiving a
3.17 	grant under this section shall use the grant money to promote
3.18 	and provide support to the Department of Natural Resources by:
3.19 	(1) encouraging off-highway vehicle clubs to assist in
3.20 	improving, maintaining, and monitoring trails on state forest
3.21 	land and other public lands;
3.22 	(2) providing assistance to the department in locating,
3.23 	recruiting, and training instructors;
3.24 	(3) assisting the commissioner and the director of tourism
3.25 	in creating an outreach program to inform local communities of
3.26 	appropriate off-highway vehicle use in their communities and of
3.27 	the economic benefits and costs that may be attributed to
3.28 	promoting tourism to attract off-highway vehicles;
3.29 	(4) publishing a manual in cooperation with the
3.30 	commissioner that will be used to train volunteers in monitoring
3.31 	the operation of off-highway vehicles for safety, environmental,
3.32 	and other issues that relate to the responsible operation of
3.33 	off-highway vehicles; and 
3.34 	(5) collecting data on the operation of off-highway
3.35 	vehicles in the state.

3.36 	Sec. 4. Minnesota Statutes 2004, section 84.788,
4.1 	subdivision 3, is amended to read:
4.2 		Subd. 3.Application; issuance; reports.  (a) Application
4.3 	for registration or continued registration must be made to the
4.4 	commissioner or an authorized deputy registrar of motor vehicles
4.5 	in a form prescribed by the commissioner.  The form must state
4.6 	the name and address of every owner of the off-highway
4.7 	motorcycle.
4.8 	(b) A person who purchases from a retail dealer an
4.9 	off-highway motorcycle shall make application for registration
4.10 	to the dealer at the point of sale.  The dealer shall issue a
4.11 	temporary ten-day registration permit to each purchaser who
4.12 	applies to the dealer for registration.  The dealer shall submit
4.13 	the completed registration applications and fees to the deputy
4.14 	registrar at least once each week.  No fee may be charged by a
4.15 	dealer to a purchaser for providing the temporary permit.
4.16 	(c) Upon receipt of the application and the appropriate
4.17 	fee, the commissioner or deputy registrar shall issue to the
4.18 	applicant, or provide to the dealer, a 60-day temporary receipt
4.19 	and shall assign a registration number that must be affixed to
4.20 	the motorcycle in a manner prescribed by the commissioner 
4.21 	according to paragraph (f).  A dealer subject to paragraph (b)
4.22 	shall provide the registration materials and temporary receipt
4.23 	to the purchaser within the ten-day temporary permit period.
4.24 	(d) The commissioner shall develop a registration system to
4.25 	register vehicles under this section.  A deputy registrar of
4.26 	motor vehicles acting under section 168.33, is also a deputy
4.27 	registrar of off-highway motorcycles.  The commissioner of
4.28 	natural resources in agreement with the commissioner of public
4.29 	safety may prescribe the accounting and procedural requirements
4.30 	necessary to ensure efficient handling of registrations and
4.31 	registration fees.  Deputy registrars shall strictly comply with
4.32 	the accounting and procedural requirements.
4.33 	(e) In addition to other fees prescribed by law, a filing
4.34 	fee of $4.50 is charged for each off-highway motorcycle
4.35 	registration renewal, duplicate or replacement registration
4.36 	card, and replacement decal and a filing fee of $7 is charged
5.1 	for each off-highway motorcycle registration and registration
5.2 	transfer issued by:
5.3 	(1) a deputy registrar and must be deposited in the
5.4 	treasury of the jurisdiction where the deputy is appointed, or
5.5 	kept if the deputy is not a public official; or
5.6 	(2) the commissioner and must be deposited in the state
5.7 	treasury and credited to the off-highway motorcycle account.
5.8 	(f) Unless exempted in paragraph (g), the owner of an
5.9 	off-highway motorcycle must display a registration decal issued
5.10 	by the commissioner.  If the motorcycle is licensed as a motor
5.11 	vehicle, a registration decal must be affixed on the upper left
5.12 	corner of the rear license plate.  If the motorcycle is not
5.13 	licensed as a motor vehicle, the decal must be attached on the
5.14 	side of the motorcycle and may be attached to the fork tube.
5.15 	The decal must be attached in a manner so that it is visible
5.16 	while a rider is on the motorcycle.  The issued decals must be
5.17 	of a size to work within the constraints of the electronic
5.18 	licensing system, not to exceed three inches high and three
5.19 	inches wide.
5.20 	(g) Display of a registration decal is not required for an
5.21 	off-highway motorcycle:
5.22 	(1) while being operated on private property; or 
5.23 	(2) while competing in a closed-course competition event.

5.24 	Sec. 5. Minnesota Statutes 2004, section 84.789, is
5.25 	amended by adding a subdivision to read:
5.26 		Subd. 3.Noise emissions. (a) On and after January 1,
5.27 	2006, off-highway motorcycles, when operating on public lands,
5.28 	shall at all times be equipped with a silencer or other device
5.29 	that limits noise emissions according to this subdivision.
5.30 	(b) Noise emissions of competition off-highway motorcycles
5.31 	manufactured on or after January 1, 1998, are limited to not
5.32 	more than 96 dbA and, if manufactured prior to January 1, 1998,
5.33 	to not more than 99 dbA, when measured from a distance of 20
5.34 	inches using test procedures established by the Society of
5.35 	Automotive Engineers under Standard J-1287, as applicable.
5.36 	(c) Noise emissions of all other off-highway motorcycles
6.1 	are limited to not more than 96 dbA if manufactured on or after
6.2 	January 1, 1986, and not more than 99 dbA if manufactured prior
6.3 	to January 1, 1986, when measured from a distance of 20 inches
6.4 	using test procedures established by the Society of Automotive
6.5 	Engineers under Standard J-1287, as applicable.

6.6 	Sec. 6. Minnesota Statutes 2004, section 84.791,
6.7 	subdivision 1, is amended to read:
6.8 		Subdivision 1.Program established; when required. (a) 
6.9 	The commissioner shall establish a comprehensive off-highway
6.10 	motorcycle environment and safety education and training
6.11 	program, including the preparation and dissemination of vehicle
6.12 	information and safety advice to the public, the training of
6.13 	off-highway motorcycle operators, and the issuance of
6.14 	off-highway motorcycle safety certificates to operators under
6.15 	the age of 16 years who successfully complete the off-highway
6.16 	motorcycle environment and safety education and training courses.
6.17 	(b) An individual who receives a citation for violating a
6.18 	law related to the operation of an off-highway motorcycle must
6.19 	successfully complete the environment and safety education and
6.20 	training program established under paragraph (a) before
6.21 	continuing operation of an off-highway motorcycle.

6.22 	Sec. 7. Minnesota Statutes 2004, section 84.798,
6.23 	subdivision 1, is amended to read:
6.24 		Subdivision 1.General requirements. (a) Unless exempted
6.25 	under paragraph (b) or subdivision 2, after January 1, 1995, a
6.26 	person may not operate and an owner may not give permission for
6.27 	another to operate a vehicle off-road, nor may a person have an
6.28 	off-road vehicle not registered under chapter 168 in possession
6.29 	at an off-road vehicle staging area, or designated trail on
6.30 	lands administered by the commissioner on off-road
6.31 	vehicle-designated trails or area areas, or on off-road vehicle
6.32 	grant-in-aid trails and areas funded under section 84.803,
6.33 	unless the vehicle has been registered under this section.
6.34 	(b) Annually on the third Saturday of May, the commissioner
6.35 	shall allow the operation of nonregistered off-road vehicles at
6.36 	the Iron Range Off-Highway Vehicle Recreation Area.

7.1 	Sec. 8. Minnesota Statutes 2004, section 84.925,
7.2 	subdivision 1, is amended to read:
7.3 		Subdivision 1.Program established.  (a) The commissioner
7.4 	shall establish a comprehensive all-terrain vehicle
7.5 	environmental and safety education and training program,
7.6 	including the preparation and dissemination of vehicle
7.7 	information and safety advice to the public, the training of
7.8 	all-terrain vehicle operators, and the issuance of all-terrain
7.9 	vehicle safety certificates to vehicle operators over the age of
7.10 	12 years who successfully complete the all-terrain vehicle
7.11 	environmental and safety education and training course.
7.12 	(b) For the purpose of administering the program and to
7.13 	defray a portion of the expenses of training and certifying
7.14 	vehicle operators, the commissioner shall collect a fee of $15
7.15 	from each person who receives the training.  The commissioner
7.16 	shall collect a fee for issuing a duplicate all-terrain vehicle
7.17 	safety certificate.  The commissioner shall establish the fee
7.18 	for a duplicate all-terrain vehicle safety certificate that
7.19 	neither significantly overrecovers nor underrecovers costs,
7.20 	including overhead costs, involved in providing the service.
7.21 	Fee proceeds shall be deposited in the all-terrain vehicle
7.22 	account in the natural resources fund. In addition to the fee
7.23 	established by the commissioner, instructors may charge each
7.24 	person up to $5 for class material and expenses.
7.25 	(c) The commissioner shall cooperate with private
7.26 	organizations and associations, private and public corporations,
7.27 	and local governmental units in furtherance of the program
7.28 	established under this section.  School districts may cooperate
7.29 	with the commissioner and volunteer instructors to provide space
7.30 	for the classroom portion of the training.  The commissioner
7.31 	shall consult with the commissioner of public safety in regard
7.32 	to training program subject matter and performance testing that
7.33 	leads to the certification of vehicle operators.  By June 30,
7.34 	2003, the commissioner shall incorporate a riding component in
7.35 	the safety education and training program.

7.36 	Sec. 9. Minnesota Statutes 2004, section 84.925, is
8.1 	amended by adding a subdivision to read:
8.2 		Subd. 5.Training requirements. (a) An individual who
8.3 	was born after July 1, 1987, and who is 16 years of age or
8.4 	older, must successfully complete the independent study course
8.5 	component of all-terrain vehicle safety training.
8.6 	(b) An individual who receives a citation for violating a
8.7 	law related to the operation of an all-terrain vehicle must
8.8 	successfully complete the independent study course component of
8.9 	all-terrain vehicle safety training before continuing operation
8.10 	of an all-terrain vehicle.
8.11 	(c) An individual who receives three or more citations for
8.12 	violating a law related to the operation of an all-terrain
8.13 	vehicle in a two-year period must successfully complete the
8.14 	independent study and the testing and operating course
8.15 	components of all-terrain vehicle safety training before
8.16 	continuing operation of an all-terrain vehicle.
8.17 	(d) An individual must present evidence of compliance with
8.18 	this subdivision before an all-terrain vehicle registration is
8.19 	issued or renewed.
8.20 	
EFFECTIVE DATE. This section is effective January 1, 2006.

8.21 	Sec. 10. Minnesota Statutes 2004, section 84.9256,
8.22 	subdivision 1, is amended to read:
8.23 		Subdivision 1.Prohibitions on youthful operators.  (a)
8.24 	Except for operation on public road rights-of-way that is
8.25 	permitted under section 84.928, a driver's license issued by the
8.26 	state or another state is required to operate an all-terrain
8.27 	vehicle along or on a public road right-of-way.
8.28 	(b) A person under 12 years of age shall not:
8.29 	(1) make a direct crossing of a public road right-of-way;
8.30 	(2) operate an all-terrain vehicle on a public road
8.31 	right-of-way in the state; or
8.32 	(3) operate an all-terrain vehicle on public lands or
8.33 	waters, except as provided in paragraph (e).
8.34 	(c) Except for public road rights-of-way of interstate
8.35 	highways, a person 12 years of age but less than 16 years may
8.36 	make a direct crossing of a public road right-of-way of a trunk,
9.1 	county state-aid, or county highway or operate on public lands
9.2 	and waters, only if that person possesses a valid all-terrain
9.3 	vehicle safety certificate issued by the commissioner and is
9.4 	accompanied on another all-terrain vehicle by a person 18 years
9.5 	of age or older who holds a valid driver's license.
9.6 	(d) All-terrain vehicle safety certificates issued by the
9.7 	commissioner to persons 12 years old, but less than 16 years
9.8 	old, are not valid for machines in excess of 90cc engine
9.9 	capacity unless:
9.10 	(1) the person successfully completed the safety education
9.11 	and training program under section 84.925, subdivision 1,
9.12 	including a riding component; and 
9.13 	(2) the riding component of the training was conducted
9.14 	using an all-terrain vehicle with over 90cc engine capacity; and 
9.15 	(3) the person is able to properly reach and control the
9.16 	handle bars and reach the foot pegs while sitting upright on the
9.17 	seat of the all-terrain vehicle.
9.18 	(e) A person at least ten years of age but under 12 years
9.19 	of age may operate an all-terrain vehicle with an engine
9.20 	capacity up to 90cc on public lands or waters if accompanied by
9.21 	a parent or legal guardian.

9.22 	Sec. 11. Minnesota Statutes 2004, section 84.9257, is
9.23 	amended to read:
9.24 	84.9257 PASSENGERS.
9.25 	(a) A parent or guardian may operate an all-terrain vehicle
9.26 	carrying one passenger who is under 16 years of age and who
9.27 	wears a safety helmet approved by the commissioner of public
9.28 	safety.
9.29 	(b) For the purpose of this section, "guardian" means a
9.30 	legal guardian of a person under age 16, or a person 18 or older
9.31 	who has been authorized by the parent or legal guardian to
9.32 	supervise the person under age 16.
9.33 	(c) A person 18 years of age or older may operate an
9.34 	all-terrain vehicle carrying one passenger who is 16 or 17 years
9.35 	of age and wears a safety helmet approved by the commissioner of
9.36 	public safety.
10.1 	(d) A person 18 years of age or older may operate an
10.2 	all-terrain vehicle carrying one passenger who is 18 years of
10.3 	age or older.

10.4 	Sec. 12. Minnesota Statutes 2004, section 84.926, is
10.5 	amended to read:
10.6 	84.926 VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
10.7 	COMMISSIONER ; EXCEPTIONS.
10.8 		Subdivision 1.Exception by permit.
 10.9 	Notwithstanding section sections 84.773, subdivision 1, and 
10.10 	84.777, on a case by case basis, the commissioner may issue a
10.11 	permit authorizing a person to operate an off-highway vehicle on
10.12 	individual public trails under the commissioner's jurisdiction
10.13 	during specified times and for specified purposes.
10.14 		Subd. 2.All-terrain vehicles; managed or limited
10.15 	forests; off trail. Notwithstanding section 84.777, on state
10.16 	forest lands classified as managed or limited, other than the
10.17 	Richard J. Dorer Memorial Hardwood Forest, a person may use an
10.18 	all-terrain vehicle off forest trails or forest roads when:
10.19 	(1) hunting big game or transporting or installing hunting
10.20 	stands during October, November, and December, when in
10.21 	possession of a valid big game hunting license;
10.22 	(2) retrieving big game in September, when in possession of
10.23 	a valid big game hunting license;
10.24 	(3) tending traps during an open trapping season for
10.25 	protected furbearers, when in possession of a valid trapping
10.26 	license; or 
10.27 	(4) trapping minnows, when in possession of a valid minnow
10.28 	dealer, private fish hatchery, or aquatic farm license.
10.29 		Subd. 3.All-terrain vehicles; closed forests;
10.30 	hunting. Notwithstanding section 84.777, the commissioner may
10.31 	determine whether all-terrain vehicles are allowed on specific
10.32 	forest roads, on state forest lands classified as closed, for
10.33 	the purpose of hunting big game during an open big game season.
10.34 	The determination shall be by written order as published in the
10.35 	State Register and is exempt from chapter 14.  Section 14.386
10.36 	does not apply.
11.1 		Subd. 4.Off-road and all-terrain vehicles; limited or
11.2 	managed forests; trails. Notwithstanding section 84.777, on
11.3 	state forest lands classified as limited or managed, other than
11.4 	the Richard J. Dorer Memorial Hardwood Forest, a person may use
11.5 	vehicles registered under chapter 168 or section 84.798 or
11.6 	84.922 on forest trails that are not designated for a specific
11.7 	use when:
11.8 	(1) hunting big game or transporting or installing hunting
11.9 	stands during October, November, and December, when in
11.10 	possession of a valid big game hunting license;
11.11 	(2) retrieving big game in September, when in possession of
11.12 	a valid big game hunting license;
11.13 	(3) tending traps during an open trapping season for
11.14 	protected furbearers, when in possession of a valid trapping
11.15 	license; or 
11.16 	(4) trapping minnows, when in possession of a valid minnow
11.17 	dealer, private fish hatchery, or aquatic farm license.

11.18 	Sec. 13. Minnesota Statutes 2004, section 84.928,
11.19 	subdivision 1, is amended to read:
11.20 		Subdivision 1.Operation on roads and rights-of-way.  (a)
11.21 	Unless otherwise allowed in sections 84.92 to 84.929, a person
11.22 	shall not operate an all-terrain vehicle in this state along or
11.23 	on the roadway, shoulder, or inside bank or slope of a public
11.24 	road right-of-way of a trunk, county state-aid, or county
11.25 	highway other than in the ditch or the outside bank or slope of
11.26 	a trunk, county state-aid, or county highway unless prohibited
11.27 	under paragraph (b). This paragraph does not apply to a person
11.28 	who operates an all-terrain vehicle:
11.29 	(1) owned by or operated under contract with a publicly or
11.30 	privately owned utility when used for work on utilities; or 
11.31 	(2) in the performance of silvicultural activities.
11.32 	(b) A road authority as defined under section 160.02,
11.33 	subdivision 25, may after a public hearing restrict the use of
11.34 	all-terrain vehicles in the ditch or outside bank or slope of a
11.35 	public road right-of-way under its jurisdiction.
11.36 	(c) The commissioner may limit the use of a right-of-way
12.1 	for a period of time if the commissioner determines that use of
12.2 	the right-of-way causes:
12.3 	(1) degradation of vegetation on adjacent public property;
12.4 	(2) siltation of waters of the state;
12.5 	(3) impairment or enhancement to the act of taking game; or
12.6 	(4) a threat to safety of the right-of-way users or to
12.7 	individuals on adjacent public property.
12.8 	(d) The commissioner must notify the road authority as soon
12.9 	as it is known that a closure will be ordered.  The notice must
12.10 	state the reasons and duration of the closure.
12.11 	(e) A person may operate an all-terrain vehicle registered
12.12 	for private use and used for agricultural purposes on a public
12.13 	road right-of-way of a trunk, county state-aid, or county
12.14 	highway in this state if the all-terrain vehicle is operated on
12.15 	the extreme right-hand side of the road, and left turns may be
12.16 	made from any part of the road if it is safe to do so under the
12.17 	prevailing conditions.
12.18 	(f) A person shall not operate an all-terrain vehicle
12.19 	within the public road right-of-way of a trunk, county
12.20 	state-aid, or county highway from April 1 to August 1 in the
12.21 	agricultural zone unless the vehicle is being used exclusively
12.22 	as transportation to and from work on agricultural lands.  This
12.23 	paragraph does not apply to an agent or employee of a road
12.24 	authority, as defined in section 160.02, subdivision 25, or the
12.25 	Department of Natural Resources when performing or exercising
12.26 	official duties or powers.
12.27 	(g) A person shall not operate an all-terrain vehicle
12.28 	within the public road right-of-way of a trunk, county
12.29 	state-aid, or county highway between the hours of one-half hour
12.30 	after sunset to one-half hour before sunrise, except on the
12.31 	right-hand side of the right-of-way and in the same direction as
12.32 	the highway traffic on the nearest lane of the adjacent roadway.
12.33 	(h) A person shall not operate an all-terrain vehicle at
12.34 	any time within the right-of-way of an interstate highway or
12.35 	freeway within this state.

12.36 	Sec. 14. Minnesota Statutes 2004, section 84.928,
13.1 	subdivision 2, is amended to read:
13.2 		Subd. 2.Operation generally.  A person may not drive or
13.3 	operate an all-terrain vehicle:
13.4 	(1) at a rate of speed greater than reasonable or proper
13.5 	under the surrounding circumstances;
13.6 	(2) in a careless, reckless, or negligent manner so as to
13.7 	endanger or to cause injury or damage to the person or property
13.8 	of another;
13.9 	(3) without headlight and taillight lighted at all times if
13.10 	the vehicle is equipped with headlight and taillight;
13.11 	(4) without a functioning stoplight if so equipped;
13.12 	(5) in a tree nursery or planting in a manner that damages
13.13 	or destroys growing stock;
13.14 	(6) without a brake operational by either hand or foot;
13.15 	(7) with more persons than one person on the vehicle than
13.16 	it was designed for, except as allowed under section 84.9257;
13.17 	(8) at a speed exceeding ten miles per hour on the frozen
13.18 	surface of public waters within 100 feet of a person not on an
13.19 	all-terrain vehicle or within 100 feet of a fishing shelter; or
13.20 	(9) in a manner that violates operation rules adopted by
13.21 	the commissioner.

13.22 	Sec. 15. Minnesota Statutes 2004, section 84.928,
13.23 	subdivision 6, is amended to read:
13.24 		Subd. 6.Regulations by political subdivisions.  (a)
13.25 	Notwithstanding any law to the contrary, a city or town, acting
13.26 	through its governing body, may by resolution or ordinance
13.27 	prohibit the operation of all-terrain vehicles on city streets
13.28 	or town roads in its jurisdiction provided the regulations are
13.29 	otherwise consistent with sections 84.92 to 84.929.
13.30 	(b) A county or city, or a town acting by its town board,
13.31 	may regulate the operation of all-terrain vehicles on public
13.32 	lands, waters, and property under its jurisdiction other than
13.33 	public road rights-of-way within its boundaries, by resolution
13.34 	or ordinance of the governing body and by giving appropriate
13.35 	notice, provided:
13.36 	(1) the regulations must be consistent with sections 84.92
14.1 	to 84.929 and rules adopted under section 84.924;
14.2 	(2) an ordinance may not impose a fee for the use of public
14.3 	land or water under the jurisdiction of either the Department of
14.4 	Natural Resources or other agency of the state, or for the use
14.5 	of an access to it owned by the state or a county or a city; and
14.6 	(3) an ordinance may not require an all-terrain vehicle
14.7 	operator to possess a motor vehicle driver's license while
14.8 	operating an all-terrain vehicle.
14.9 	(c) Notwithstanding any law to the contrary, a county board
14.10 	by ordinance may allow the operation of all-terrain vehicles on
14.11 	the road right-of-way shoulder, or inside bank or slope of a
14.12 	county highway or county state-aid highway, if:
14.13 	(1) the highway is in the agricultural zone; or 
14.14 	(2) safe operation in the ditch or outside slope is
14.15 	impossible, and the county posts the appropriate notice; or 
14.16 	(3) the road is unpaved or designated as a
14.17 	minimum-maintenance road under section 160.095.

14.18 	Sec. 16. Minnesota Statutes 2004, section 85.015,
14.19 	subdivision 13, is amended to read:
14.20 		Subd. 13.Arrowhead region trails, in cook, lake, st.
 14.21 	Louis, Koochiching and Itasca Counties. (a)(1) The Taconite
14.22 	Trail shall originate at Ely in St. Louis County and extend
14.23 	southwesterly to Tower in St. Louis County, thence westerly to
14.24 	McCarthy Beach State Park in St. Louis County, thence
14.25 	southwesterly to Grand Rapids in Itasca County and there
14.26 	terminate;
14.27 	(2) The Northshore Trail shall originate in Duluth in St.
14.28 	Louis County and extend northeasterly to Two Harbors in Lake
14.29 	County, thence northeasterly to Grand Marais in Cook County,
14.30 	thence northeasterly to the international boundary in the
14.31 	vicinity of the north shore of Lake Superior, and there
14.32 	terminate;
14.33 	(3) The Grand Marais to International Falls Trail shall
14.34 	originate in Grand Marais in Cook County and extend
14.35 	northwesterly, outside of the Boundary Waters Canoe Area, to Ely
14.36 	in St. Louis County, thence southwesterly along the route of the
15.1 	Taconite Trail to Tower in St. Louis County, thence
15.2 	northwesterly through the Pelican Lake area in St. Louis County
15.3 	to International Falls in Koochiching County, and there
15.4 	terminate.
15.5 	(b) The trails shall be developed primarily for riding and
15.6 	hiking. The Northshore Trail may also be used by all-terrain
15.7 	vehicles and the commissioner of natural resources shall
15.8 	designate the following portion as an all-terrain vehicle
15.9 	trail:  from the existing parking lot on Normanna Road, St.
15.10 	Louis County 38, in the Southeast Quarter of the Southwest
15.11 	Quarter, Section 16, Township 52 North, Range 13 West, to the
15.12 	Moosewalk grant-in-aid trail junction near Hockamin Creek in the
15.13 	Northeast Quarter of the Northwest Quarter, Section 26, Township
15.14 	57 North, Range 8 West.
15.15 	(c) In addition to the authority granted in subdivision 1,
15.16 	lands and interests in lands for the Arrowhead Region trails may
15.17 	be acquired by eminent domain.  Before acquiring any land or
15.18 	interest in land by eminent domain the commissioner of
15.19 	administration shall obtain the approval of the governor.  The
15.20 	governor shall consult with the Legislative Advisory Commission
15.21 	before granting approval.  Recommendations of the Legislative
15.22 	Advisory Commission shall be advisory only.  Failure or refusal
15.23 	of the commission to make a recommendation shall be deemed a
15.24 	negative recommendation.

15.25 	Sec. 17. Minnesota Statutes 2004, section 89.19,
15.26 	subdivision 2, is amended to read:
15.27 		Subd. 2.Rulemaking exemption.  Designations of forest
15.28 	trails and changes to the designations by the commissioner shall
15.29 	be by written order published in the State Register.
15.30 	Designations and changes to designations are not subject to the
15.31 	rulemaking provisions of chapter 14 and section 14.386 does not
15.32 	apply.  Before designating or changing a designation of forest
15.33 	trails, the commissioner shall hold a public meeting in the
15.34 	county where the largest portion of the forest lands are located
15.35 	to provide information to and receive comment from the public
15.36 	regarding the proposed trail designation or change in
16.1 	designation.  Sixty days before the public meeting, notice of
16.2 	the proposed forest trail designation or change in designation 
16.3 	shall be published in the legal newspapers that serve the
16.4 	counties in which the lands are located, in a statewide
16.5 	Department of Natural Resources news release, and in the State
16.6 	Register.

16.7 	Sec. 18. Minnesota Statutes 2004, section 89.71, is
16.8 	amended by adding a subdivision to read:
16.9 		Subd. 8.County-administered land. The commissioner may
16.10 	not install a gate to obstruct access to a state forest road if
16.11 	the road is used by:
16.12 	(1) a private landowner to cross county-administered land
16.13 	within a state forest to access the landowner's private
16.14 	property;
16.15 	(2) a lessee of county land to access the lessee's
16.16 	leasehold; or 
16.17 	(3) a county to gain access to county-administered land
16.18 	within a state forest for county forest management purposes.

16.19 	Sec. 19. Laws 2003, chapter 128, article 1, section 167,
16.20 	subdivision 1, is amended to read:
16.21 		Subdivision 1.Forest classification status review. (a)
16.22 	By December 31, 2006, the commissioner of natural resources
16.23 	shall complete a review of the forest classification status of
16.24 	all state forests classified as managed or limited, all forest
16.25 	lands under the authority of the commissioner as defined in
16.26 	Minnesota Statutes, section 89.001, subdivision 13, and lands
16.27 	managed by the commissioner under Minnesota Statutes, section
16.28 	282.011.  The review must be conducted on a forest-by-forest and
16.29 	area-by-area basis in accordance with the process and criteria
16.30 	under Minnesota Rules, part 6100.1950.  After each forest is
16.31 	reviewed, the commissioner must change its status to limited or
16.32 	closed, and must provide a similar status for each of the other
16.33 	areas subject to review under this section after each individual
16.34 	review is completed.
16.35 	(b) If the commissioner determines on January 1, 2005, that
16.36 	the review required under this section cannot be completed by
17.1 	December 31, 2006, the completion date for the review shall be
17.2 	extended to December 31, 2008.  By January 15, 2005, the
17.3 	commissioner shall report to the chairs of the legislative
17.4 	committees with jurisdiction over natural resources policy and
17.5 	finance regarding the status of the process required by this
17.6 	section.
17.7 	(c) Until December 31, 2010, the state forests and areas
17.8 	subject to review under this section are exempt from Minnesota
17.9 	Statutes, section 84.777, unless an individual forest or area
17.10 	has been classified as limited or closed.

17.11 	Sec. 20. REQUIRED RULEMAKING.
 17.12 	(a) The commissioner of natural resources shall amend
17.13 	Minnesota Rules, part 6232.0300, subpart 7, to permit an
17.14 	individual to operate an all-terrain vehicle on privately owned
17.15 	land in an area open to taking deer by firearms during the legal
17.16 	shooting hours of the deer season, regardless of whether the
17.17 	individual is licensed to take deer on the day of operation, if
17.18 	the individual is:
17.19 	(1) pursuing an occupation when operating the all-terrain
17.20 	vehicle;
17.21 	(2) not in possession of a firearm; and 
17.22 	(3) the owner of the land on which the all-terrain vehicle
17.23 	is operated, an employee of the land owner, or an immediate
17.24 	family member of the land owner.
17.25 	(b) The commissioner may use the good cause exemption under
17.26 	Minnesota Statutes, section 14.388, subdivision 1, clause (3),
17.27 	in amending the rule under paragraph (a).  Minnesota Statutes,
17.28 	section 14.386, does not apply, except to the extent provided
17.29 	under Minnesota Statutes, section 14.388

17.30 	Sec. 21. DETERMINATION OF TAX ALLOCATION; REPORT TO
17.31 	LEGISLATURE.
 17.32 	The commissioners of natural resources, revenue, and
17.33 	transportation shall jointly determine the amount of unrefunded
17.34 	gasoline tax attributable to all-terrain vehicle use in the
17.35 	state and shall report to the legislature by March 1, 2006, with
17.36 	an appropriate proposed revision to Minnesota Statutes, section
18.1 	296A.18.

18.2 	Sec. 22. APPROPRIATION.
 18.3 	(a) $200,000 is appropriated from the natural resources
18.4 	fund to the commissioner of natural resources for the
18.5 	off-highway vehicle safety and conservation grant program under
18.6 	section 3.  Of this amount, $10,000 is from the off-highway
18.7 	motorcycle account, $20,000 is from the off-road vehicle
18.8 	account, and $170,000 is from the all-terrain vehicle account.
18.9 	(b) $75,000 is appropriated from the all-terrain vehicle
18.10 	account in the natural resources fund for the study required in
18.11 	section 21.  This is a onetime appropriation.
18.12 	(c) $....... is appropriated from the natural resources
18.13 	fund to the commissioner of natural resources for additional
18.14 	grants-in-aid.  Of this amount, $....... is from the all-terrain
18.15 	vehicle account, $....... is from the off-road vehicle account,
18.16 	and $....... is from the off-highway motorcycle account.
18.17 	(d) $....... is appropriated from the natural resources
18.18 	fund to the commissioner of natural resources to produce an
18.19 	interactive CD-ROM training tool for the off-highway motorcycle
18.20 	education and training program under Minnesota Statutes, section
18.21 	84.791.

18.22 	Sec. 23. REPEALER.
 18.23 	Minnesota Statutes 2004, section 84.901, is repealed.