1.1.................... moves to amend S.F. No. 2314, the third engrossment, as amended, as
1.2follows:
1.3Page 51, after line 28, insert:
1.4 "Sec. 9. Minnesota Statutes 2018, section 84.775, subdivision 1, is amended to read:
1.5 Subdivision 1.
Civil citation; authority to issue. (a) A conservation officer or other
1.6licensed peace officer may issue a civil citation to a person who operates:
1.7(1) an off-highway motorcycle in violation of sections
84.773, subdivision 1 or 2, clause
1.8(1);
84.777;
84.788 to
84.795; or
84.90;
1.9(2) an off-road vehicle in violation of sections
84.773, subdivision 1 or 2, clause (1);
1.1084.777
;
84.798 to
84.804; or
84.90; or
1.11(3) an all-terrain vehicle in violation of sections
84.773, subdivision 1 or 2, clause (1);
1.1284.777
;
84.90; or
84.922 to
84.928.
1.13(b) A civil citation under paragraph (a) shall require restitution for public and
private
1.14property damage and impose a penalty of:
1.15(1) $100 for the first offense;
1.16(2) $200 for the second offense; and
1.17(3) $500 for third and subsequent offenses.
1.18(c) A conservation officer or other licensed peace officer may issue a civil citation
to a
1.19person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle
in
1.20violation of section
84.773, subdivision 2, clause (2) or (3). A civil citation under this
1.21paragraph shall require restitution for damage to wetlands and impose a penalty of:
1.22(1) $100 for the first offense;
2.1(2) $500 for the second offense; and
2.2(3) $1,000 for third and subsequent offenses.
2.3(d) If the peace officer determines that there is damage to property requiring restitution,
2.4the commissioner must send a written explanation of the extent of the damage and the
cost
2.5of the repair by first class mail to the address provided by the person receiving
the citation
2.6within 15 days of the date of the citation.
2.7(e) An off-road vehicle
or all-terrain vehicle that is equipped with a snorkel device and
2.8receives a civil citation under this section is subject to twice the penalty amounts
in
2.9paragraphs (b) and (c).
2.10EFFECTIVE DATE.This section is effective the day following final enactment."
2.11Page 53, after line 25, insert:
2.12 "Sec. 13. Minnesota Statutes 2018, section 84.925, subdivision 1, is amended to read:
2.13 Subdivision 1.
Program Training and certification programs established. (a) The
2.14commissioner shall establish
:
2.15 (1) a comprehensive all-terrain vehicle environmental and safety education and training
2.16certification program, including the preparation and dissemination of vehicle information
2.17and safety advice to the public, the training of all-terrain vehicle operators, and
the issuance
2.18of all-terrain vehicle safety certificates to vehicle operators over the age of 12
years who
2.19successfully complete the all-terrain vehicle environmental and safety education and
training
2.20course
.; and
2.21 (2) a voluntary all-terrain vehicle online training program for youth and a parent
or
2.22guardian, offered at no charge for operators at least six years of age but younger
than ten
2.23years of age.
2.24 (b) A parent or guardian must be present at
the hands-on a training
portion of the program
2.25for when the youth
who are six through is under ten years of age.
2.26 (b) (c) For the purpose of administering the program and to defray the expenses of
2.27training and certifying vehicle operators, the commissioner shall collect a fee from
each
2.28person who receives the training
for certification under paragraph (a), clause (1). The
2.29commissioner shall collect a fee, to include a $1 issuing fee for licensing agents,
for issuing
2.30a duplicate all-terrain vehicle safety certificate. The commissioner shall establish
both fees
2.31in a manner that neither significantly overrecovers nor underrecovers costs, including
2.32overhead costs, involved in providing the services. The fees are not subject to the
rulemaking
3.1provisions of chapter 14 and section
14.386 does not apply. The fees may be established
3.2by the commissioner notwithstanding section
16A.1283. Fee proceeds, except for the issuing
3.3fee for licensing agents under this subdivision, shall be deposited in the all-terrain
vehicle
3.4account in the natural resources fund and the amount thereof, except for the electronic
3.5licensing system commission established by the commissioner under section
84.027,
3.6subdivision 15
, and issuing fees collected by the commissioner, is appropriated annually to
3.7the Enforcement Division of the Department of Natural Resources for the administration
3.8of the programs. In addition to the fee established by the commissioner, instructors
may
3.9charge each person up to the established fee amount for class materials and expenses.
3.10 (c) (d) The commissioner shall cooperate with private organizations and associations,
3.11private and public corporations, and local governmental units in furtherance of the
program
3.12programs established under this section. School districts may cooperate with the
3.13commissioner and volunteer instructors to provide space for the classroom portion
of the
3.14training. The commissioner shall consult with the commissioner of public safety in
regard
3.15to
training program the subject matter
of the training programs and performance testing that
3.16leads to the certification of vehicle operators. The commissioner shall incorporate
a riding
3.17component in the
safety education and training
program certification program established
3.18under this section, and may incorporate a riding component in the training program
3.19established under paragraph (a), clause (2).
3.20 Sec. 14. Minnesota Statutes 2018, section 84.9256, subdivision 1, is amended to read:
3.21 Subdivision 1.
Prohibitions on youthful operators. (a) Except for operation on public
3.22road rights-of-way that is permitted under section
84.928 and as provided under paragraph
3.23(j), a driver's license issued by the state or another state is required to operate
an all-terrain
3.24vehicle along or on a public road right-of-way.
3.25 (b) A person under 12 years of age shall not:
3.26 (1) make a direct crossing of a public road right-of-way;
3.27 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
3.28 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
3.29paragraph (f).
3.30 (c) Except for public road rights-of-way of interstate highways, a person 12 years
of age
3.31but less than 16 years may make a direct crossing of a public road right-of-way of
a trunk,
3.32county state-aid, or county highway or operate on public lands and waters or state
or
3.33grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
certificate
4.1issued by the commissioner and is accompanied by a person 18 years of age or older
who
4.2holds a valid driver's license.
4.3 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
old,
4.4but less than 16 years old, must:
4.5 (1) successfully complete the safety education and training program under section
84.925,
4.6subdivision 1, including a riding component; and
4.7 (2) be able to properly reach and control the handle bars and reach the foot pegs
while
4.8sitting upright on the seat of the all-terrain vehicle.
4.9 (e) A person at least
six ten years of age may take the safety education and training
4.10program and may receive an all-terrain vehicle safety certificate under paragraph
(d), but
4.11the certificate is not valid until the person reaches age 12.
4.12 (f) A person at least ten years of age but under 12 years of age may operate an all-terrain
4.13vehicle with an engine capacity up to 110cc if the vehicle is a class 1 all-terrain
vehicle with
4.14straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle
with
4.15side-by-side-style seating on public lands or waters if accompanied by a parent or
legal
4.16guardian.
4.17 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
4.18 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
lands
4.19or waters or on state or grant-in-aid trails if the person cannot properly reach and
control:
4.20 (1) the handle bars and reach the foot pegs while sitting upright on the seat of the
4.21all-terrain vehicle with straddle-style seating; or
4.22 (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
4.23side-by-side-style seating while sitting upright in the seat with the seat belt fully
engaged.
4.24(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
16
4.25years old, may make a direct crossing of a public road right-of-way of a trunk, county
4.26state-aid, or county highway or operate an all-terrain vehicle on public lands and
waters or
4.27state or grant-in-aid trails if:
4.28(1) the nonresident youth has in possession evidence of completing an all-terrain
safety
4.29course offered by the ATV Safety Institute or another state as provided in section
84.925,
4.30subdivision 3; and
4.31(2) the nonresident youth is accompanied by a person 18 years of age or older who
holds
4.32a valid driver's license.
5.1(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
5.2vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
5.3under section
84.928 if the person:
5.4(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
5.5and
5.6(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
5.7 Sec. 15. Minnesota Statutes 2018, section 84.928, subdivision 2, is amended to read:
5.8 Subd. 2.
Operation generally. A person may not drive or operate an all-terrain vehicle:
5.9(1) at a rate of speed greater than reasonable or proper under the surrounding
5.10circumstances;
5.11(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury
or
5.12damage to the person or property of another;
5.13(3) without headlight and taillight lighted at all times if the vehicle is equipped
with
5.14headlight and taillight;
5.15(4) without a functioning stoplight if so equipped;
5.16(5) in a tree nursery or planting in a manner that damages or destroys growing stock;
5.17(6) without a brake operational by either hand or foot;
5.18(7) with more than one person on the vehicle, except as allowed under section
84.9257;
5.19(8) at a speed exceeding ten miles per hour on the frozen surface of public waters
within
5.20100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing
shelter;
or
5.21(9) with a snorkel device that has a raised air intake six inches or more above the
vehicle
5.22manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle
5.23Recreation Area as described in section
85.013, subdivision 12a, or other public off-highway
5.24vehicle recreation areas; or
5.25(10) (9) in a manner that violates operation rules adopted by the commissioner.
5.26EFFECTIVE DATE.This section is effective the day following final enactment."
5.27Renumber the sections in sequence and correct the internal references
5.28Amend the title accordingly