Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF31 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to natural resources; modernizing statutes related to the registration,
3		-	1.3 transfer, and operation of snowmobiles, all-terrain vehicles, and off-highway
4		-	1.4 motorcycles; amending Minnesota Statutes 2022, sections 84.788, subdivision 5;
5		-	1.5 84.82, subdivision 2, by adding a subdivision; 84.821, subdivision 2; 84.84; 84.86,
6		-	1.6 subdivision 1; 84.87, subdivision 1; 84.922, subdivision 4; repealing Minnesota
7		-	1.7 Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4.
8		-	1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9		-	1.9 Section 1. Minnesota Statutes 2022, section 84.788, subdivision 5, is amended to read:
10		-	1.10 Subd. 5.Report of ownership transfers; fee.(a) Application for transfer of ownership
11		-	1.11of an off-highway motorcycle registered under this section must be made to the commissioner
12		-	1.12within 15 days of the date of transfer.
13		-	1.13 (b) An application for transfer must be executed by the registered current owner and the
14		-	1.14purchaser using a bill of sale that includes the vehicle serial number.
15		-	1.15 (c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
16		-	1.16fails to apply for transfer of ownership as provided under this subdivision.
17		-	1.17 Sec. 2. Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read:
18		-	1.18 Subd. 2.Application, issuance, issuing fee.(a) Application for registration or
19		-	1.19reregistration shall be made to the commissioner or an authorized deputy registrar of motor
20		-	1.20vehicles in a format prescribed by the commissioner and shall state the legal name and
21		-	1.21address of every owner of the snowmobile.
22		-	1.22 (b) A person who purchases a snowmobile from a retail dealer shall make application
23		-	1.23for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
	3	+	1.3 transfer, and operation of snowmobiles; amending Minnesota Statutes 2022,
	4	+	1.4 sections 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision;
	5	+	1.5 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; repealing
	6	+	1.6 Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4.
	7	+	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
	8	+	1.8 Section 1. Minnesota Statutes 2022, section 84.788, subdivision 5, is amended to read:
	9	+	1.9 Subd. 5.Report of ownership transfers; fee.(a) Application for transfer of ownership
	10	+	1.10of an off-highway motorcycle registered under this section must be made to the commissioner
	11	+	1.11within 15 days of the date of transfer.
	12	+	1.12 (b) An application for transfer must be executed by the registered current owner and the
	13	+	1.13purchaser using a bill of sale that includes the vehicle serial number.
	14	+	1.14 (c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
	15	+	1.15fails to apply for transfer of ownership as provided under this subdivision.
	16	+	1.16 Sec. 2. Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read:
	17	+	1.17 Subd. 2.Application, issuance, issuing fee.(a) Application for registration or
	18	+	1.18reregistration shall be made to the commissioner or an authorized deputy registrar of motor
	19	+	1.19vehicles in a format prescribed by the commissioner and shall state the legal name and
	20	+	1.20address of every owner of the snowmobile.
	21	+	1.21 (b) A person who purchases a snowmobile from a retail dealer shall make application
	22	+	1.22for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
24	23		1Sec. 2.
25		-	~~S0031-1 1st Engrossment~~~~SF31~~ REVISOR CKM
	24	+	23-00641 as introduced12/12/22 REVISOR CKM/HL
26	25		SENATE
27	26		STATE OF MINNESOTA
28	27		S.F. No. 31NINETY-THIRD SESSION
29		-	(SENATE AUTHORS: JASINSKI~~, Lang~~ and ~~Hoffman~~)
	28	+	(SENATE AUTHORS: JASINSKI and Lang)
30	29		OFFICIAL STATUSD-PGDATE
31		-	Introduction and first reading7601/04/2023
32		-	Referred to Environment, Climate, and Legacy
33		-	Comm report: To pass as amended01/26/2023
34		-	Second reading
35		-	Author added Hoffman 2.121-day registration permit to each purchaser who applies to the dealer for registration. The
	30	+	Introduction and first reading01/04/2023
	31	+	Referred to Environment, Climate and Legacy 2.121-day registration permit to each purchaser who applies to the dealer for registration. The
36	32		2.2temporary permit must contain the dealer's identification number and phone number. Each
37	33		2.3retail dealer shall submit completed registration and fees to the deputy registrar at least once
38	34		2.4a week. No fee may be charged by a dealer to a purchaser for providing the temporary
39	35		2.5permit.
40	36		2.6 (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
41	37		2.7registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
42	38		2.8or a commissioner or deputy registrar temporary 21-day permit. The registration number
43	39		2.9must be printed on a registration decal issued by the commissioner or a deputy registrar.
44	40		2.10Once issued, the registration number decal must be affixed to the snowmobile in a clearly
45	41		2.11visible and permanent manner for enforcement purposes as the commissioner of natural
46	42		2.12resources shall prescribe according to subdivision 3b. A dealer subject to paragraph (b)
47	43		2.13shall provide the registration materials or temporary permit to the purchaser within the
48	44		2.14temporary 21-day permit period. The registration is not valid unless signed by at least one
49	45		2.15owner.
50	46		2.16 (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33 shall also
51	47		2.17be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
52	48		2.18with the commissioner of public safety may prescribe the accounting and procedural
53	49		2.19requirements necessary to ensure efficient handling of registrations and registration fees.
54	50		2.20Deputy registrars shall strictly comply with these accounting and procedural requirements.
55	51		2.21 (e) In addition to other fees prescribed by law, an issuing fee of $4.50 is charged for
56	52		2.22each snowmobile registration renewal, duplicate or replacement registration card, and
57	53		2.23replacement decal, and an issuing fee of $7 is charged for each snowmobile registration and
58	54		2.24registration transfer issued by:
59	55		2.25 (1) a registrar or a deputy registrar and must be deposited in the manner provided in
60	56		2.26section 168.33, subdivision 2; or
61	57		2.27 (2) the commissioner and must be deposited in the state treasury and credited to the
62	58		2.28snowmobile trails and enforcement account in the natural resources fund.
63	59		2.29 Sec. 3. Minnesota Statutes 2022, section 84.82, is amended by adding a subdivision to
64	60		2.30read:
65	61		2.31 Subd. 3b.Display of registration decal.(a) A person must not operate a snowmobile
66	62		2.32in the state or allow another to operate the person's snowmobile in the state unless the
67	63		2Sec. 3.
68		-	~~S0031-1 1st Engrossment~~~~SF31~~ REVISOR CKM 3.1snowmobile has its unexpired registration decal affixed to each side of the snowmobile and
	64	+	23-00641 as introduced12/12/22 REVISOR CKM/HL 3.1snowmobile has its unexpired registration decal affixed to each side of the snowmobile and
69	65		3.2the decals are legible.
70	66		3.3 (b) The registration decal must be affixed:
71	67		3.4 (1) for snowmobiles made after June 30, 1972, in the areas provided by the manufacturer
72	68		3.5under section 84.821, subdivision 2; and
73	69		3.6 (2) for all other snowmobiles, on each side of the cowling on the upper half of the
74	70		3.7snowmobile.
75	71		3.8 (c) When any previously affixed registration decal is destroyed or lost, a duplicate must
76	72		3.9be affixed in the same manner as provided in paragraph (b).
77	73		3.10 Sec. 4. Minnesota Statutes 2022, section 84.821, subdivision 2, is amended to read:
78	74		3.11 Subd. 2.Area for registration number.All snowmobiles made after June 30, 1972,
79	75		3.12and sold in Minnesota, shall be designed and made to provide an area on which to affix the
80	76		3.13registration number decal. This area shall be at a location and of dimensions prescribed by
81	77		3.14rule of the commissioner. A clear area must be provided on each side of the cowling with
82	78		3.15a minimum size of 3-1/2 square inches and at least 12 inches from the ground when the
83	79		3.16machine is resting on a hard surface.
84	80		3.17 Sec. 5. Minnesota Statutes 2022, section 84.84, is amended to read:
85	81		3.18 84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.
86	82		3.19 (a) Within 15 days after the transfer of ownership, or any part thereof, other than a
87	83		3.20security interest, or the destruction or abandonment of any snowmobile, written notice of
88	84		3.21the transfer or destruction or abandonment shall be given to the commissioner in such form
89	85		3.22as the commissioner shall prescribe.
90	86		3.23 (b) An application for transfer must be executed by the registered current owner and the
91	87		3.24purchaser using a bill of sale that includes the vehicle serial number.
92	88		3.25 (c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser
93	89		3.26fails to apply for transfer of ownership as provided under this subdivision. Every owner or
94	90		3.27part owner of a snowmobile shall, upon failure to give notice of destruction or abandonment,
95	91		3.28be subject to the penalties imposed by section 84.88.
96	92		3Sec. 5.
97		-	~~S0031-1 1st Engrossment~~~~SF31~~ REVISOR CKM 4.1 Sec. 6. Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read:
	93	+	23-00641 as introduced12/12/22 REVISOR CKM/HL 4.1 Sec. 6. Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read:
98	94		4.2 Subdivision 1.Required rules, fees, and reports.(a) With a view of achieving maximum
99	95		4.3use of snowmobiles consistent with protection of the environment the commissioner of
100	96		4.4natural resources shall adopt rules in the manner provided by chapter 14, for the following
101	97		4.5purposes:
102	98		4.6 (1) registration of snowmobiles and display of registration numbers.;
103	99		4.7 (2) use of snowmobiles insofar as game and fish resources are affected.;
104	100		4.8 (3) use of snowmobiles on public lands and waters, or on grant-in-aid trails.;
105	101		4.9 (4) uniform signs to be used by the state, counties, and cities, which are necessary or
106	102		4.10desirable to control, direct, or regulate the operation and use of snowmobiles.;
107	103		4.11 (5) specifications relating to snowmobile mufflers.; and
108	104		4.12 (6) a comprehensive snowmobile information and safety education and training program,
109	105		4.13including that includes but is not limited to the preparation and dissemination of preparing
110	106		4.14and disseminating snowmobile information and safety advice to the public, the training of
111	107		4.15snowmobile operators, and the issuance of issuing snowmobile safety certificates to
112	108		4.16snowmobile operators who successfully complete the snowmobile safety education and
113	109		4.17training course.
114	110		4.18 (b) For the purpose of administering such the program under paragraph (a), clause (6),
115	111		4.19and to defray expenses of training and certifying snowmobile operators, the commissioner
116	112		4.20shall collect a fee from each person who receives the youth or adult training. The
117	113		4.21commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
118	114		4.22a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a
119	115		4.23manner that neither significantly overrecovers nor underrecovers costs, including overhead
120	116		4.24costs, involved in providing the services. The fees are not subject to the rulemaking provisions
121	117		4.25of chapter 14, and section 14.386 does not apply. The fees may be established by the
122	118		4.26commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for
123	119		4.27licensing agents under this subdivision, shall be deposited in the snowmobile trails and
124	120		4.28enforcement account in the natural resources fund and the amount thereof, except for the
125	121		4.29electronic licensing system commission established by the commissioner under section
126	122		4.3084.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
127	123		4.31annually to the Enforcement Division of the Department of Natural Resources for the
128	124		4.32administration of such administering the programs. In addition to the fee established by the
129	125		4.33commissioner, instructors may charge each person any fee paid by the instructor for the
130	126		4Sec. 6.
131		-	~~S0031-1 1st Engrossment~~~~SF31~~ REVISOR CKM 5.1person's online training course and up to the established fee amount for class materials and
	127	+	23-00641 as introduced12/12/22 REVISOR CKM/HL 5.1person's online training course and up to the established fee amount for class materials and
132	128		5.2expenses. The commissioner shall cooperate with private organizations and associations,
133	129		5.3private and public corporations, and local governmental units in furtherance of the program
134	130		5.4established under this paragraph (a), clause (6). School districts may cooperate with the
135	131		5.5commissioner and volunteer instructors to provide space for the classroom portion of the
136	132		5.6training. The commissioner shall consult with the commissioner of public safety in regard
137	133		5.7to training program subject matter and performance testing that leads to the certification of
138	134		5.8snowmobile operators.
139	135		5.9 (7) (c) The operator of any snowmobile involved in an accident resulting in injury
140	136		5.10requiring medical attention or hospitalization to or death of any person or total damage to
141	137		5.11an extent of $500 or more, shall forward a written report of the accident to the commissioner
142	138		5.12on such a form as prescribed by the commissioner shall prescribe. If the operator is killed
143	139		5.13or is unable to file a report due to incapacitation, any peace officer investigating the accident
144	140		5.14shall file the accident report within ten business days.
145	141		5.15 Sec. 7. Minnesota Statutes 2022, section 84.87, subdivision 1, is amended to read:
146	142		5.16 Subdivision 1.Operation on streets and highways.(a) No person shall operate a
147	143		5.17snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county
148	144		5.18state-aid, or county highway in this state and, in the case of a divided trunk or county
149	145		5.19highway, on the right-of-way between the opposing lanes of traffic, except as provided in
150	146		5.20sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of-way of
151	147		5.21any trunk, county state-aid, or county highway between the hours of one-half hour after
152	148		5.22sunset to one-half hour before sunrise, except on the right-hand side of such right-of-way
153	149		5.23and in the same direction as the highway traffic on the nearest lane of the roadway adjacent
154	150		5.24thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate
155	151		5.25highway or freeway within this state.
156	152		5.26 (b) Notwithstanding any provision of paragraph (a) to the contrary:
157	153		5.27 (1) under conditions prescribed by the commissioner of transportation, the commissioner
158	154		5.28of transportation may allow two-way operation of snowmobiles on either side of the trunk
159	155		5.29highway right-of-way where the commissioner of transportation determines that two-way
160	156		5.30operation will not endanger users of the trunk highway or riders of the snowmobiles using
161	157		5.31the trail;
162	158		5.32 (2) under conditions prescribed by a local road authority as defined in section 160.02,
163	159		5.33subdivision 25, the road authority may allow two-way operation of snowmobiles on either
164	160		5.34side of the right-of-way of a street or highway under the road authority's jurisdiction, where
165	161		5Sec. 7.
166		-	~~S0031-1 1st Engrossment~~~~SF31~~ REVISOR CKM 6.1the road authority determines that two-way operation will not endanger users of the street
	162	+	23-00641 as introduced12/12/22 REVISOR CKM/HL 6.1the road authority determines that two-way operation will not endanger users of the street
167	163		6.2or highway or riders of the snowmobiles using the trail;
168	164		6.3 (3) the commissioner of transportation under clause (1) and the local road authority
169	165		6.4under clause (2) shall notify the commissioner of natural resources and the local law
170	166		6.5enforcement agencies responsible for the streets or highways of the locations of two-way
171	167		6.6snowmobile trails authorized under this paragraph; and
172	168		6.7 (4) two-way snowmobile trails authorized under this paragraph shall be posted for
173	169		6.8two-way operation at the authorized locations.
174	170		6.9 (c) A snowmobile may make a direct crossing of a street or highway at any hour of the
175	171		6.10day provided:
176	172		6.11 (1) the crossing is made at an angle of approximately 90 degrees to the direction of the
177	173		6.12highway and at a place where no obstruction prevents a quick and safe crossing;
178	174		6.13 (2) the snowmobile is brought to a complete stop before crossing the shoulder or main
179	175		6.14traveled way of the highway;
180	176		6.15 (3) the driver yields the right-of-way to all oncoming traffic which constitutes an
181	177		6.16immediate hazard;
182	178		6.17 (4) in crossing a divided highway, the crossing is made only at an intersection of such
183	179		6.18highway with another public street or highway or at a safe location approved by the road
184	180		6.19authority;
185	181		6.20 (5) if the crossing is made between the hours of one-half hour after sunset to one-half
186	182		6.21hour before sunrise or in conditions of reduced visibility, only if both front and rear lights
187	183		6.22are on; and
188	184		6.23 (6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the
189	185		6.24main traveled lanes of an interstate highway, when required for the purpose of avoiding
190	186		6.25obstructions to travel when no other method of avoidance is possible; provided the
191	187		6.26snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made
192	188		6.27within 100 feet of the bridge and the crossing is made without undue delay.
193	189		6.28 (d) No snowmobile shall be operated upon a public street or highway unless it is equipped
194	190		6.29with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by
195	191		6.30rules of the commissioner, reflector material of a minimum area of 16 square inches mounted
196	192		6.31on each side forward of the handle bars, and with brakes each of which shall conform to
197	193		6.32standards prescribed by rule of the commissioner pursuant to the authority vested in the
198	194		6Sec. 7.
199		-	~~S0031-1 1st Engrossment~~~~SF31~~ REVISOR CKM 7.1commissioner by section 84.86, and each of which shall be subject to approval of the
	195	+	23-00641 as introduced12/12/22 REVISOR CKM/HL 7.1commissioner by section 84.86, and each of which shall be subject to approval of the
200	196		7.2commissioner of public safety.
201	197		7.3 (e) A snowmobile may be operated upon a public street or highway other than as provided
202	198		7.4by paragraph (c) in an emergency during the period of time when and at locations where
203	199		7.5snow upon the roadway renders travel by automobile impractical.
204	200		7.6 (f) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles
205	201		7.7upon streets and highways, except for those relating to required equipment, and except those
206	202		7.8which by their nature have no application. Section 169.09 applies to the operation of
207	203		7.9snowmobiles anywhere in the state or on the ice of any boundary water of the state.
208	204		7.10 (g) Any sled, trailer, or other device being towed by a snowmobile must be equipped
209	205		7.11with reflective materials as required by rule of the commissioner.
210		-	7.12 Sec. 8. Minnesota Statutes 2022, section 84.922, subdivision 4, is amended to read:
211		-	7.13 Subd. 4.Report of transfers.(a) Application for transfer of ownership must be made
212		-	7.14to the commissioner within 15 days of the date of transfer.
213		-	7.15 (b) An application for transfer must be executed by the registered current owner and the
214		-	7.16purchaser using a bill of sale that includes the vehicle serial number.
215		-	7.17 (c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
216		-	7.18fails to apply for transfer of ownership as provided under this subdivision.
217		-	7.19 Sec. 9. REGISTRATION DECAL FORMAT TRANSITION.
218		-	7.20 Separately displaying registration numbers is not required when a larger-format
219		-	7.21registration decal as provided under Minnesota Statutes, section 84.82, subdivision 2, is
220		-	7.22displayed according to Minnesota Statutes, section 84.82, subdivision 3b. Snowmobiles
221		-	7.23displaying valid but older, smaller-format registration decals must display the separate
222		-	7.24registration numbers. Persons may obtain duplicate registration decals in the new, larger
223		-	7.25format, when available, without being required to display the separate registration numbers.
224		-	7.26 Sec. 10. REPEALER.
225		-	7.27 Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; and 6100.5700, subpart 4, are
226		-	7.28repealed.
227		-	7Sec. 10.
228		-	S0031-1 1st EngrossmentSF31 REVISOR CKM 6100.5000SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS.
	206	+	7.12 Sec. 8. REGISTRATION DECAL FORMAT TRANSITION.
	207	+	7.13 Separately displaying registration numbers is not required when a larger-format
	208	+	7.14registration decal as provided under Minnesota Statutes, section 84.82, subdivision 2, is
	209	+	7.15displayed according to Minnesota Statutes, section 84.82, subdivision 3b. Snowmobiles
	210	+	7.16displaying valid but older, smaller-format registration decals must display the separate
	211	+	7.17registration numbers. Persons may obtain duplicate registration decals in the new, larger
	212	+	7.18format, when available, without being required to display the separate registration numbers.
	213	+	7.19 Sec. 9. REPEALER.
	214	+	7.20 Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; and 6100.5700, subpart 4, are
	215	+	7.21repealed.
	216	+	7Sec. 9.
	217	+	23-00641 as introduced12/12/22 REVISOR CKM/HL 6100.5000SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS.
229	218		Subp. 3.Affixation of number.The registration number of the snowmobile, shown
230	219		on the registration certificate, shall be affixed to the snowmobile and maintained in a clear,
231	220		legible manner. On all machines made after June 30, 1972, and sold in Minnesota, such
232	221		registration number shall be affixed in the space provided therefor in accordance with part
233	222		6100.5700, subpart 4. On all other machines it shall be affixed on each side of the cowling
234	223		on the upper half of the machine, as follows.
235	224		[ Image Not Shown ]
236	225		Subp. 4.Description of decal or number; lost or destroyed number or decal.All
237	226		letters and numbers shall be of a color which will contrast with the surface to which applied,
238	227		and shall be at least three inches high and three-eighths inch stroke. When any previously
239	228		affixed registration number or decal is destroyed or lost, a duplicate shall be affixed in the
240	229		manner shown above. The registration number shall remain the same if renewed by July 1
241	230		following the expiration date.
242	231		Subp. 5.General prohibition.No person shall operate or transport, and no person
243	232		shall permit the operation of, a snowmobile within this state which does not have its
244	233		registration number and unexpired decal affixed in the form and manner required by this
245	234		part, unless the owner is exempted from the registration requirements of this state by
246	235		Minnesota Statutes, section 84.82.
247	236		6100.5700REQUIRED EQUIPMENT.
248	237		Subp. 4.Snowmobile registration number affixation.All snowmobiles made after
249	238		June 30, 1972, and sold in Minnesota, shall be designed and made to provide an area on
250	239		which to affix the snowmobile registration number at the following location and of the
251	240		following dimensions:
252	241		A.A clear area shall be provided on each side of the cowling or pan with the
253	242		minimum size of 3-1/2 inches vertical by 11 inches horizontal.
254	243		B.It shall be a minimum of 12 inches from the ground when the machine is resting
255	244		on a hard surface.
256	245		1R
257	246		APPENDIX
258		-	Repealed Minnesota Rules: ~~S0031-1~~
	247	+	Repealed Minnesota Rules: 23-00641