Minnesota 2023-2024 Regular Session

Minnesota House Bill HF609 Latest Draft

Bill / Introduced Version Filed 01/19/2023

                            1.1	A bill for an act​
1.2 relating to natural resources; modernizing statutes related to the registration,​
1.3 transfer, and operation of snowmobiles; amending Minnesota Statutes 2022,​
1.4 sections 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision;​
1.5 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; repealing​
1.6 Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. Minnesota Statutes 2022, section 84.788, subdivision 5, is amended to read:​
1.9 Subd. 5.Report of ownership transfers; fee.(a) Application for transfer of ownership​
1.10of an off-highway motorcycle registered under this section must be made to the commissioner​
1.11within 15 days of the date of transfer.​
1.12 (b) An application for transfer must be executed by the registered current owner and the​
1.13purchaser using a bill of sale that includes the vehicle serial number.​
1.14 (c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser​
1.15fails to apply for transfer of ownership as provided under this subdivision.​
1.16 Sec. 2. Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read:​
1.17 Subd. 2.Application, issuance, issuing fee.(a) Application for registration or​
1.18reregistration shall be made to the commissioner or an authorized deputy registrar of motor​
1.19vehicles in a format prescribed by the commissioner and shall state the legal name and​
1.20address of every owner of the snowmobile.​
1.21 (b) A person who purchases a snowmobile from a retail dealer shall make application​
1.22for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary​
1​Sec. 2.​
REVISOR CKM/HL 23-00641​12/12/22 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  609​
NINETY-THIRD SESSION​
Authored by Hansen, R.,​01/19/2023​
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy​ 2.121-day registration permit to each purchaser who applies to the dealer for registration. The​
2.2temporary permit must contain the dealer's identification number and phone number. Each​
2.3retail dealer shall submit completed registration and fees to the deputy registrar at least once​
2.4a week. No fee may be charged by a dealer to a purchaser for providing the temporary​
2.5permit.​
2.6 (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy​
2.7registrar shall issue to the applicant, or provide to the dealer, an assigned registration number​
2.8or a commissioner or deputy registrar temporary 21-day permit. The registration number​
2.9must be printed on a registration decal issued by the commissioner or a deputy registrar.​
2.10Once issued, the registration number decal must be affixed to the snowmobile in a clearly​
2.11visible and permanent manner for enforcement purposes as the commissioner of natural​
2.12resources shall prescribe according to subdivision 3b. A dealer subject to paragraph (b)​
2.13shall provide the registration materials or temporary permit to the purchaser within the​
2.14temporary 21-day permit period. The registration is not valid unless signed by at least one​
2.15owner.​
2.16 (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33 shall also​
2.17be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement​
2.18with the commissioner of public safety may prescribe the accounting and procedural​
2.19requirements necessary to ensure efficient handling of registrations and registration fees.​
2.20Deputy registrars shall strictly comply with these accounting and procedural requirements.​
2.21 (e) In addition to other fees prescribed by law, an issuing fee of $4.50 is charged for​
2.22each snowmobile registration renewal, duplicate or replacement registration card, and​
2.23replacement decal, and an issuing fee of $7 is charged for each snowmobile registration and​
2.24registration transfer issued by:​
2.25 (1) a registrar or a deputy registrar and must be deposited in the manner provided in​
2.26section 168.33, subdivision 2; or​
2.27 (2) the commissioner and must be deposited in the state treasury and credited to the​
2.28snowmobile trails and enforcement account in the natural resources fund.​
2.29 Sec. 3. Minnesota Statutes 2022, section 84.82, is amended by adding a subdivision to​
2.30read:​
2.31 Subd. 3b.Display of registration decal.(a) A person must not operate a snowmobile​
2.32in the state or allow another to operate the person's snowmobile in the state unless the​
2​Sec. 3.​
REVISOR CKM/HL 23-00641​12/12/22 ​ 3.1snowmobile has its unexpired registration decal affixed to each side of the snowmobile and​
3.2the decals are legible.​
3.3 (b) The registration decal must be affixed:​
3.4 (1) for snowmobiles made after June 30, 1972, in the areas provided by the manufacturer​
3.5under section 84.821, subdivision 2; and​
3.6 (2) for all other snowmobiles, on each side of the cowling on the upper half of the​
3.7snowmobile.​
3.8 (c) When any previously affixed registration decal is destroyed or lost, a duplicate must​
3.9be affixed in the same manner as provided in paragraph (b).​
3.10 Sec. 4. Minnesota Statutes 2022, section 84.821, subdivision 2, is amended to read:​
3.11 Subd. 2.Area for registration number.All snowmobiles made after June 30, 1972,​
3.12and sold in Minnesota, shall be designed and made to provide an area on which to affix the​
3.13registration number decal. This area shall be at a location and of dimensions prescribed by​
3.14rule of the commissioner. A clear area must be provided on each side of the cowling with​
3.15a minimum size of 3-1/2 square inches and at least 12 inches from the ground when the​
3.16machine is resting on a hard surface.​
3.17 Sec. 5. Minnesota Statutes 2022, section 84.84, is amended to read:​
3.18 84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.​
3.19 (a) Within 15 days after the transfer of ownership, or any part thereof, other than a​
3.20security interest, or the destruction or abandonment of any snowmobile, written notice of​
3.21the transfer or destruction or abandonment shall be given to the commissioner in such form​
3.22as the commissioner shall prescribe.​
3.23 (b) An application for transfer must be executed by the registered current owner and the​
3.24purchaser using a bill of sale that includes the vehicle serial number.​
3.25 (c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser​
3.26fails to apply for transfer of ownership as provided under this subdivision. Every owner or​
3.27part owner of a snowmobile shall, upon failure to give notice of destruction or abandonment,​
3.28be subject to the penalties imposed by section 84.88.​
3​Sec. 5.​
REVISOR CKM/HL 23-00641​12/12/22 ​ 4.1 Sec. 6. Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read:​
4.2 Subdivision 1.Required rules, fees, and reports.(a) With a view of achieving maximum​
4.3use of snowmobiles consistent with protection of the environment the commissioner of​
4.4natural resources shall adopt rules in the manner provided by chapter 14, for the following​
4.5purposes:​
4.6 (1) registration of snowmobiles and display of registration numbers.;​
4.7 (2) use of snowmobiles insofar as game and fish resources are affected.;​
4.8 (3) use of snowmobiles on public lands and waters, or on grant-in-aid trails.;​
4.9 (4) uniform signs to be used by the state, counties, and cities, which are necessary or​
4.10desirable to control, direct, or regulate the operation and use of snowmobiles.;​
4.11 (5) specifications relating to snowmobile mufflers.; and​
4.12 (6) a comprehensive snowmobile information and safety education and training program,​
4.13including that includes but is not limited to the preparation and dissemination of preparing​
4.14and disseminating snowmobile information and safety advice to the public, the training of​
4.15snowmobile operators, and the issuance of issuing snowmobile safety certificates to​
4.16snowmobile operators who successfully complete the snowmobile safety education and​
4.17training course.​
4.18 (b) For the purpose of administering such the program under paragraph (a), clause (6),​
4.19and to defray expenses of training and certifying snowmobile operators, the commissioner​
4.20shall collect a fee from each person who receives the youth or adult training. The​
4.21commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing​
4.22a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a​
4.23manner that neither significantly overrecovers nor underrecovers costs, including overhead​
4.24costs, involved in providing the services. The fees are not subject to the rulemaking provisions​
4.25of chapter 14, and section 14.386 does not apply. The fees may be established by the​
4.26commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for​
4.27licensing agents under this subdivision, shall be deposited in the snowmobile trails and​
4.28enforcement account in the natural resources fund and the amount thereof, except for the​
4.29electronic licensing system commission established by the commissioner under section​
4.3084.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated​
4.31annually to the Enforcement Division of the Department of Natural Resources for the​
4.32administration of such administering the programs. In addition to the fee established by the​
4.33commissioner, instructors may charge each person any fee paid by the instructor for the​
4​Sec. 6.​
REVISOR CKM/HL 23-00641​12/12/22 ​ 5.1person's online training course and up to the established fee amount for class materials and​
5.2expenses. The commissioner shall cooperate with private organizations and associations,​
5.3private and public corporations, and local governmental units in furtherance of the program​
5.4established under this paragraph (a), clause (6). School districts may cooperate with the​
5.5commissioner and volunteer instructors to provide space for the classroom portion of the​
5.6training. The commissioner shall consult with the commissioner of public safety in regard​
5.7to training program subject matter and performance testing that leads to the certification of​
5.8snowmobile operators.​
5.9 (7) (c) The operator of any snowmobile involved in an accident resulting in injury​
5.10requiring medical attention or hospitalization to or death of any person or total damage to​
5.11an extent of $500 or more, shall forward a written report of the accident to the commissioner​
5.12on such a form as prescribed by the commissioner shall prescribe. If the operator is killed​
5.13or is unable to file a report due to incapacitation, any peace officer investigating the accident​
5.14shall file the accident report within ten business days.​
5.15 Sec. 7. Minnesota Statutes 2022, section 84.87, subdivision 1, is amended to read:​
5.16 Subdivision 1.Operation on streets and highways.(a) No person shall operate a​
5.17snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county​
5.18state-aid, or county highway in this state and, in the case of a divided trunk or county​
5.19highway, on the right-of-way between the opposing lanes of traffic, except as provided in​
5.20sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of-way of​
5.21any trunk, county state-aid, or county highway between the hours of one-half hour after​
5.22sunset to one-half hour before sunrise, except on the right-hand side of such right-of-way​
5.23and in the same direction as the highway traffic on the nearest lane of the roadway adjacent​
5.24thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate​
5.25highway or freeway within this state.​
5.26 (b) Notwithstanding any provision of paragraph (a) to the contrary:​
5.27 (1) under conditions prescribed by the commissioner of transportation, the commissioner​
5.28of transportation may allow two-way operation of snowmobiles on either side of the trunk​
5.29highway right-of-way where the commissioner of transportation determines that two-way​
5.30operation will not endanger users of the trunk highway or riders of the snowmobiles using​
5.31the trail;​
5.32 (2) under conditions prescribed by a local road authority as defined in section 160.02,​
5.33subdivision 25, the road authority may allow two-way operation of snowmobiles on either​
5.34side of the right-of-way of a street or highway under the road authority's jurisdiction, where​
5​Sec. 7.​
REVISOR CKM/HL 23-00641​12/12/22 ​ 6.1the road authority determines that two-way operation will not endanger users of the street​
6.2or highway or riders of the snowmobiles using the trail;​
6.3 (3) the commissioner of transportation under clause (1) and the local road authority​
6.4under clause (2) shall notify the commissioner of natural resources and the local law​
6.5enforcement agencies responsible for the streets or highways of the locations of two-way​
6.6snowmobile trails authorized under this paragraph; and​
6.7 (4) two-way snowmobile trails authorized under this paragraph shall be posted for​
6.8two-way operation at the authorized locations.​
6.9 (c) A snowmobile may make a direct crossing of a street or highway at any hour of the​
6.10day provided:​
6.11 (1) the crossing is made at an angle of approximately 90 degrees to the direction of the​
6.12highway and at a place where no obstruction prevents a quick and safe crossing;​
6.13 (2) the snowmobile is brought to a complete stop before crossing the shoulder or main​
6.14traveled way of the highway;​
6.15 (3) the driver yields the right-of-way to all oncoming traffic which constitutes an​
6.16immediate hazard;​
6.17 (4) in crossing a divided highway, the crossing is made only at an intersection of such​
6.18highway with another public street or highway or at a safe location approved by the road​
6.19authority;​
6.20 (5) if the crossing is made between the hours of one-half hour after sunset to one-half​
6.21hour before sunrise or in conditions of reduced visibility, only if both front and rear lights​
6.22are on; and​
6.23 (6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the​
6.24main traveled lanes of an interstate highway, when required for the purpose of avoiding​
6.25obstructions to travel when no other method of avoidance is possible; provided the​
6.26snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made​
6.27within 100 feet of the bridge and the crossing is made without undue delay.​
6.28 (d) No snowmobile shall be operated upon a public street or highway unless it is equipped​
6.29with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by​
6.30rules of the commissioner, reflector material of a minimum area of 16 square inches mounted​
6.31on each side forward of the handle bars, and with brakes each of which shall conform to​
6.32standards prescribed by rule of the commissioner pursuant to the authority vested in the​
6​Sec. 7.​
REVISOR CKM/HL 23-00641​12/12/22 ​ 7.1commissioner by section 84.86, and each of which shall be subject to approval of the​
7.2commissioner of public safety.​
7.3 (e) A snowmobile may be operated upon a public street or highway other than as provided​
7.4by paragraph (c) in an emergency during the period of time when and at locations where​
7.5snow upon the roadway renders travel by automobile impractical.​
7.6 (f) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles​
7.7upon streets and highways, except for those relating to required equipment, and except those​
7.8which by their nature have no application. Section 169.09 applies to the operation of​
7.9snowmobiles anywhere in the state or on the ice of any boundary water of the state.​
7.10 (g) Any sled, trailer, or other device being towed by a snowmobile must be equipped​
7.11with reflective materials as required by rule of the commissioner.​
7.12 Sec. 8. REGISTRATION DECAL FORMAT TRANSITION.​
7.13 Separately displaying registration numbers is not required when a larger-format​
7.14registration decal as provided under Minnesota Statutes, section 84.82, subdivision 2, is​
7.15displayed according to Minnesota Statutes, section 84.82, subdivision 3b. Snowmobiles​
7.16displaying valid but older, smaller-format registration decals must display the separate​
7.17registration numbers. Persons may obtain duplicate registration decals in the new, larger​
7.18format, when available, without being required to display the separate registration numbers.​
7.19 Sec. 9. REPEALER.​
7.20 Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; and 6100.5700, subpart 4, are​
7.21repealed.​
7​Sec. 9.​
REVISOR CKM/HL 23-00641​12/12/22 ​ 6100.5000SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS.​
Subp. 3.Affixation of number.The registration number of the snowmobile, shown​
on the registration certificate, shall be affixed to the snowmobile and maintained in a clear,​
legible manner. On all machines made after June 30, 1972, and sold in Minnesota, such​
registration number shall be affixed in the space provided therefor in accordance with part​
6100.5700, subpart 4. On all other machines it shall be affixed on each side of the cowling​
on the upper half of the machine, as follows.​
[ Image Not Shown ]​
Subp. 4.Description of decal or number; lost or destroyed number or decal.All​
letters and numbers shall be of a color which will contrast with the surface to which applied,​
and shall be at least three inches high and three-eighths inch stroke. When any previously​
affixed registration number or decal is destroyed or lost, a duplicate shall be affixed in the​
manner shown above. The registration number shall remain the same if renewed by July 1​
following the expiration date.​
Subp. 5.General prohibition.No person shall operate or transport, and no person​
shall permit the operation of, a snowmobile within this state which does not have its​
registration number and unexpired decal affixed in the form and manner required by this​
part, unless the owner is exempted from the registration requirements of this state by​
Minnesota Statutes, section 84.82.​
6100.5700REQUIRED EQUIPMENT.​
Subp. 4.Snowmobile registration number affixation.All snowmobiles made after​
June 30, 1972, and sold in Minnesota, shall be designed and made to provide an area on​
which to affix the snowmobile registration number at the following location and of the​
following dimensions:​
A.A clear area shall be provided on each side of the cowling or pan with the​
minimum size of 3-1/2 inches vertical by 11 inches horizontal.​
B.It shall be a minimum of 12 inches from the ground when the machine is resting​
on a hard surface.​
1R​
APPENDIX​
Repealed Minnesota Rules: 23-00641​