Bill Text: MN HF1097 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pesticide control, peatland protection, fees and fee disposition, invasive species provisions, cash match requirements, state water trails and waysides, Mineral Coordinating Committee, watercraft titling, special vehicle use on roadways, oxygenated gasoline requirements, Water Law, local ordinance requirements, waste management provisions, landfill cleanup program, and environmental review requirements modified; citizen oversight committees provided; adopt-a-WMA program created; dual registration of motorcycles and disposition of fees provided; nonresident off-road vehicle state trail pass required; and money appropriated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-11 - HF indefinitely postponed [HF1097 Detail]
Download: Minnesota-2011-HF1097-Introduced.html
Bill Title: Pesticide control, peatland protection, fees and fee disposition, invasive species provisions, cash match requirements, state water trails and waysides, Mineral Coordinating Committee, watercraft titling, special vehicle use on roadways, oxygenated gasoline requirements, Water Law, local ordinance requirements, waste management provisions, landfill cleanup program, and environmental review requirements modified; citizen oversight committees provided; adopt-a-WMA program created; dual registration of motorcycles and disposition of fees provided; nonresident off-road vehicle state trail pass required; and money appropriated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-11 - HF indefinitely postponed [HF1097 Detail]
Download: Minnesota-2011-HF1097-Introduced.html
1.2relating to natural resources; providing for certain acquisition by exchange;
1.3modifying peatland protection; modifying enforcement provisions for
1.4recreational vehicles; modifying cash match requirement for local recreation
1.5grants; modifying Mineral Coordinating Committee; repealing Blakeley State
1.6Wayside; appropriating money;amending Minnesota Statutes 2010, sections
1.784.033, subdivision 1; 84.035, subdivision 6; 84.925, subdivision 1; 85.018,
1.8subdivision 5; 85.019, subdivisions 4b, 4c; 86B.106; 86B.121; 93.0015,
1.9subdivisions 1, 3; repealing Minnesota Statutes 2010, section 85.013, subdivision
1.102b.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
1.13 Subdivision 1. Acquisition; designation. The commissioner of natural resources
1.14may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed
1.15under chapter 117, in the name of the state, lands or any interest in lands suitable and
1.16desirable for establishing and maintaining scientific and natural areas. The commissioner
1.17shall designate any land so acquired as a scientific and natural area by written order
1.18published in the State Register and shall administer any land so acquired and designated as
1.19provided by section86A.05 . Designations of scientific and natural areas are exempt from
1.20the rulemaking provisions of chapter 14 and section14.386 does not apply.
1.21 Sec. 2. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
1.22 Subd. 6. Management plans. The commissioner shall develop in consultation with
1.23the affected local government unit a management plan for each peatland scientific and
1.24natural area designated under section84.036 in a manner prescribed by section
86A.09
1.25The management plan shall address recreational trails. In those peatland scientific
1.26and natural areas where no corridor of disturbance was used as a recreational trail on or
2.1before January 1, 1992, the plan may permit only one corridor of disturbance, in each
2.2peatland scientific and natural area, to be used as a recreational motorized trail.
2.3 Sec. 3. Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
2.4 Subdivision 1. Program established. (a) The commissioner shall establish a
2.5comprehensive all-terrain vehicle environmental and safety education and training
2.6program, including the preparation and dissemination of vehicle information and safety
2.7advice to the public, the training of all-terrain vehicle operators, and the issuance of
2.8all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
2.9successfully complete the all-terrain vehicle environmental and safety education and
2.10training course.
2.11(b) For the purpose of administering the program and to defraya portion of the
2.12expenses of training and certifying vehicle operators, the commissioner shall collect a fee
2.13of $15 from each person who receives the training. The commissioner shall collect a fee,
2.14to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
2.15safety certificate. The commissioner shall establishthe fee for a duplicate all-terrain
2.16vehicle safety certificate both fees in a manner that neither significantly overrecovers
2.17nor underrecovers costs, including overhead costs, involved in providing theservice
2.18services. The fees are not subject to the rulemaking provisions of chapter 14 and section
2.1914.386 does not apply. The fees may be established by the commissioner notwithstanding
2.20section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this
2.21subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
2.22fund and the amount thereof, except for the electronic licensing system commission
2.23established by the commissioner under section 84.027, subdivision 15, and issuing fees
2.24collected by the commissioner, is appropriated annually to the Enforcement Division of
2.25the Department of Natural Resources for the administration of such programs. In addition
2.26to the fee established by the commissioner, instructors may charge each person up to the
2.27established fee amount for class materials and expenses.
2.28(c) The commissioner shall cooperate with private organizations and associations,
2.29private and public corporations, and local governmental units in furtherance of the
2.30program established under this section. School districts may cooperate with the
2.31commissioner and volunteer instructors to provide space for the classroom portion of the
2.32training. The commissioner shall consult with the commissioner of public safety in regard
2.33to training program subject matter and performance testing that leads to the certification
2.34of vehicle operators.By June 30, 2003, The commissioner shall incorporate a riding
2.35component in the safety education and training program.
3.1 Sec. 4. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
3.2 Subd. 5. Motorized vehicle trails restricted. (a) From December 1 to April 1 in
3.3any year no use of a motorized vehicle other than a snowmobile, unless authorized by
3.4permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
3.5(b)From December 1 to April 1 in any year No use of a motorized vehicle other
3.6than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
3.7by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain
3.8vehicles, off-road vehicles, or both, and off-highway motorcycles.
3.9 Sec. 5. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
3.10 Subd. 4b. Regional trails. The commissioner shall administer a program to
3.11provide grants to units of government for acquisition and betterment of public land and
3.12improvements needed for trails outside the metropolitan area deemed to be of regional
3.13significance according to criteria published by the commissioner. Recipients must provide
3.14a nonstate cash match of at leastone-half 25 percent of total eligible project costs. If
3.15land used for the trails is not in full public ownership, then the recipients must prove it
3.16is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
3.17make payment to a unit of government upon receiving documentation of reimbursable
3.18expenditures. A unit of government may enter into a lease or management agreement
3.19for the trail, subject to section16A.695 .
3.20 Sec. 6. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
3.21 Subd. 4c. Trail connections. The commissioner shall administer a program to
3.22provide grants to units of government for acquisition and betterment of public land and
3.23improvements needed for trails that connect communities, trails, and parks and thereby
3.24increase the effective length of trail experiences. Recipients must provide a nonstate cash
3.25match of at leastone-half 25 percent of total eligible project costs. If land used for the
3.26trails is not in full public ownership, then the recipients must prove it is dedicated to the
3.27purposes of the grants for at least 20 years. The commissioner shall make payment to a
3.28unit of government upon receiving documentation of reimbursable expenditures. A unit
3.29of government may enter into a lease or management agreement for the trail, subject
3.30to section16A.695 .
3.31 Sec. 7. Minnesota Statutes 2010, section 86B.106, is amended to read:
3.3286B.106 BARRING VEHICLES FROM UNSAFE ICE.
4.1(a) Whenever ice conditions on a body of water deteriorate to such an extent that
4.2there is substantial danger to persons using motorized vehicles, including snowmobiles
4.3and all-terrain vehicles, the sheriff of the county where the body of water is located may
4.4prohibit or restrict the use of motorized vehicles on all or a portion of the body of water. If
4.5the body of water is located in more than one county, all counties involved must coordinate
4.6any prohibitions or restrictions that are imposed. A county sheriff acting under this section
4.7shall, as soon as practicable, post all common access sites and publicize the prohibitions or
4.8restrictions. The commissioner must be notified immediately and may review and suspend
4.9any restrictions imposed. Restrictions may be lifted as soon as conditions warrant.
4.10(b) A person may not operate a motorized vehicle in violation of a prohibition
4.11or restriction imposed under this section.
4.12(c) This section does not apply to a person who:
4.13(1) is a member of a sanctioned circuit watercross association and can provide
4.14proof of membership;
4.15(2) operates a snowmobile with a silenced exhaust and is practicing for a sanctioned
4.16event; and
4.17(3) receives written permission from a conservation officer who must set the date,
4.18time, and location of the practice.
4.19 Sec. 8. Minnesota Statutes 2010, section 86B.121, is amended to read:
4.2086B.121 RACES, COMPETITIONS, AND EXHIBITIONS.
4.21(a) A person may not hold or sponsor any scheduled or public race, regatta,
4.22tournament or other competition or exhibition, snowmobile watercross event or practice
4.23session, or trial race on water or ice, whether or not involving watercraft, without first
4.24having obtained a written permit from the sheriff of the county where the event is to
4.25originate.
4.26(b) The sheriff, in the permit, may exempt watercraft from any of the provisions
4.27of this chapter relating to the licensing, operation, and equipment of watercraft while
4.28participating in the event authorized.
4.29(c) The county's issuance of a permit under this section does not make the county
4.30liable for any injury occurring at the event.
4.31 Sec. 9. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
4.32 Subdivision 1. Establishment; membership. The Mineral Coordinating Committee
4.33is established to plan for diversified mineral development. The Mineral Coordinating
4.34Committee consists of:
5.1(1) the commissioner of natural resources;
5.2(2) thedeputy commissioner of the Minnesota Pollution Control Agency;
5.3(3) the director of United Steelworkers of America, District 11, or the director's
5.4designee;
5.5(4) (3) the commissioner of Iron Range resources and rehabilitation;
5.6(5) (4) the director of the Minnesota Geological Survey;
5.7(6) (5) the dean of the University of Minnesota Institute of Technology;
5.8(7) (6) the director of the Natural Resources Research Institute; and
5.9(8) three (7) four individuals appointed by the governor for a four-year term, one
5.10each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
5.11minerals industries within the state and one representing labor.
5.12 Sec. 10. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
5.13 Subd. 3. Expiration. Notwithstanding section15.059, subdivision 5 , or other law to
5.14the contrary, the committee expires June 30,2011 2016.
5.15 Sec. 11. REPEALER.
5.16Minnesota Statutes 2010, section 85.013, subdivision 2b, is repealed.
1.3modifying peatland protection; modifying enforcement provisions for
1.4recreational vehicles; modifying cash match requirement for local recreation
1.5grants; modifying Mineral Coordinating Committee; repealing Blakeley State
1.6Wayside; appropriating money;amending Minnesota Statutes 2010, sections
1.784.033, subdivision 1; 84.035, subdivision 6; 84.925, subdivision 1; 85.018,
1.8subdivision 5; 85.019, subdivisions 4b, 4c; 86B.106; 86B.121; 93.0015,
1.9subdivisions 1, 3; repealing Minnesota Statutes 2010, section 85.013, subdivision
1.102b.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
1.13 Subdivision 1. Acquisition; designation. The commissioner of natural resources
1.14may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed
1.15under chapter 117, in the name of the state, lands or any interest in lands suitable and
1.16desirable for establishing and maintaining scientific and natural areas. The commissioner
1.17shall designate any land so acquired as a scientific and natural area by written order
1.18published in the State Register and shall administer any land so acquired and designated as
1.19provided by section
1.20the rulemaking provisions of chapter 14 and section
1.21 Sec. 2. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
1.22 Subd. 6. Management plans. The commissioner shall develop in consultation with
1.23the affected local government unit a management plan for each peatland scientific and
1.24natural area designated under section
1.25The management plan shall address recreational trails. In those peatland scientific
1.26and natural areas where no corridor of disturbance was used as a recreational trail on or
2.1before January 1, 1992, the plan may permit only one corridor of disturbance, in each
2.2peatland scientific and natural area, to be used as a recreational motorized trail.
2.3 Sec. 3. Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
2.4 Subdivision 1. Program established. (a) The commissioner shall establish a
2.5comprehensive all-terrain vehicle environmental and safety education and training
2.6program, including the preparation and dissemination of vehicle information and safety
2.7advice to the public, the training of all-terrain vehicle operators, and the issuance of
2.8all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
2.9successfully complete the all-terrain vehicle environmental and safety education and
2.10training course.
2.11(b) For the purpose of administering the program and to defray
2.12expenses of training and certifying vehicle operators, the commissioner shall collect a fee
2.13
2.14to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
2.15safety certificate. The commissioner shall establish
2.16
2.17nor underrecovers costs, including overhead costs, involved in providing the
2.18services. The fees are not subject to the rulemaking provisions of chapter 14 and section
2.1914.386 does not apply. The fees may be established by the commissioner notwithstanding
2.20section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this
2.21subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
2.22fund and the amount thereof, except for the electronic licensing system commission
2.23established by the commissioner under section 84.027, subdivision 15, and issuing fees
2.24collected by the commissioner, is appropriated annually to the Enforcement Division of
2.25the Department of Natural Resources for the administration of such programs. In addition
2.26to the fee established by the commissioner, instructors may charge each person up to the
2.27established fee amount for class materials and expenses.
2.28(c) The commissioner shall cooperate with private organizations and associations,
2.29private and public corporations, and local governmental units in furtherance of the
2.30program established under this section. School districts may cooperate with the
2.31commissioner and volunteer instructors to provide space for the classroom portion of the
2.32training. The commissioner shall consult with the commissioner of public safety in regard
2.33to training program subject matter and performance testing that leads to the certification
2.34of vehicle operators.
2.35component in the safety education and training program.
3.1 Sec. 4. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
3.2 Subd. 5. Motorized vehicle trails restricted. (a) From December 1 to April 1 in
3.3any year no use of a motorized vehicle other than a snowmobile, unless authorized by
3.4permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
3.5(b)
3.6than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
3.7by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain
3.8vehicles, off-road vehicles, or both, and off-highway motorcycles.
3.9 Sec. 5. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
3.10 Subd. 4b. Regional trails. The commissioner shall administer a program to
3.11provide grants to units of government for acquisition and betterment of public land and
3.12improvements needed for trails outside the metropolitan area deemed to be of regional
3.13significance according to criteria published by the commissioner. Recipients must provide
3.14a nonstate cash match of at least
3.15land used for the trails is not in full public ownership, then the recipients must prove it
3.16is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
3.17make payment to a unit of government upon receiving documentation of reimbursable
3.18expenditures. A unit of government may enter into a lease or management agreement
3.19for the trail, subject to section
3.20 Sec. 6. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
3.21 Subd. 4c. Trail connections. The commissioner shall administer a program to
3.22provide grants to units of government for acquisition and betterment of public land and
3.23improvements needed for trails that connect communities, trails, and parks and thereby
3.24increase the effective length of trail experiences. Recipients must provide a nonstate cash
3.25match of at least
3.26trails is not in full public ownership, then the recipients must prove it is dedicated to the
3.27purposes of the grants for at least 20 years. The commissioner shall make payment to a
3.28unit of government upon receiving documentation of reimbursable expenditures. A unit
3.29of government may enter into a lease or management agreement for the trail, subject
3.30to section
3.31 Sec. 7. Minnesota Statutes 2010, section 86B.106, is amended to read:
3.3286B.106 BARRING VEHICLES FROM UNSAFE ICE.
4.1(a) Whenever ice conditions on a body of water deteriorate to such an extent that
4.2there is substantial danger to persons using motorized vehicles, including snowmobiles
4.3and all-terrain vehicles, the sheriff of the county where the body of water is located may
4.4prohibit or restrict the use of motorized vehicles on all or a portion of the body of water. If
4.5the body of water is located in more than one county, all counties involved must coordinate
4.6any prohibitions or restrictions that are imposed. A county sheriff acting under this section
4.7shall, as soon as practicable, post all common access sites and publicize the prohibitions or
4.8restrictions. The commissioner must be notified immediately and may review and suspend
4.9any restrictions imposed. Restrictions may be lifted as soon as conditions warrant.
4.10(b) A person may not operate a motorized vehicle in violation of a prohibition
4.11or restriction imposed under this section.
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19 Sec. 8. Minnesota Statutes 2010, section 86B.121, is amended to read:
4.2086B.121 RACES, COMPETITIONS, AND EXHIBITIONS.
4.21(a) A person may not hold or sponsor any scheduled or public race, regatta,
4.22tournament or other competition or exhibition, snowmobile watercross event or practice
4.23session, or trial race on water or ice, whether or not involving watercraft, without first
4.24having obtained a written permit from the sheriff of the county where the event is to
4.25originate.
4.26(b) The sheriff, in the permit, may exempt watercraft from any of the provisions
4.27of this chapter relating to the licensing, operation, and equipment of watercraft while
4.28participating in the event authorized.
4.29(c) The county's issuance of a permit under this section does not make the county
4.30liable for any injury occurring at the event.
4.31 Sec. 9. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
4.32 Subdivision 1. Establishment; membership. The Mineral Coordinating Committee
4.33is established to plan for diversified mineral development. The Mineral Coordinating
4.34Committee consists of:
5.1(1) the commissioner of natural resources;
5.2(2) the
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
5.11minerals industries within the state and one representing labor.
5.12 Sec. 10. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
5.13 Subd. 3. Expiration. Notwithstanding section
5.14the contrary, the committee expires June 30,
5.15 Sec. 11. REPEALER.
5.16Minnesota Statutes 2010, section 85.013, subdivision 2b, is repealed.
