1. $200,000 was transferred from the OHV Damage Account to the ATV account for the ATV grant-in-aid program.  This was done primarily to reduce the amount in that fund which is a continuing target for those who want to use it for non-ATV purposes.  We still have $193,000 in the Damage Account with this transfer of funds.
2. $100,000 from the ATV account to Lake County for the completion of the Lake County Regional ATV Trail (North shore-CJ Ramstad Trail).
3. $200,000 each year from the ATV account for the DNR Park & Trails Division for the maintenance and development of ATV trails.
4. $100,000 each year from the ATV account for downloadable trail maps on the internet that are compatible with most GPS devices.
5. $100,000 each year from the ATV account for the ATV grant-in-aid program.
6. $1,110,000 each year from the ATV account for the ATV grant-in-aid program.
7. $510,000 each year from the ATV account for local enforcement grants.
8. $250,000 each year from the ATV account for the Ambassador Program.
9. $2,280,000 each year from the ATV account for ATV enforcement.

• Other Related Provisions

2010 - OHV Legislative Final Update

OHV groups had a busy session in 2010.  There were many minor changes to current statutes and some major changes that will hopefully open more access in Southern MN.  We had the normal attacks from the anti-access crowds and were lucky enough to fight them off for another year.  Below you will read the new laws that passed during this session, as well as some of the battles we encountered along the way.

ATVAM and ARMCA would like to thank all of the legislators that worked to ensure our proposals were heard and passed into law: Rep. David Dill, Rep. Tom Hackbarth, Rep. Tom Rukavina, Rep. Tom Anzelc, Rep. Dave Olin, Rep. Ken Eken, Rep. John Ward, Rep. Al Doty and Sen. Tom Saxhaug, Sen. Satveer Chaudhary, Sen. LeRoy Stumpf, Sen. Tom Bakk, along with many others who support us at the legislature.  I would also like to thank Kirk Koudelka, Committee Administrator and staff of Rep. Kent Eken; and Mitch Berggren, Legislative Assistant of Sen. Tom Saxhaug. Both staff members were extraordinarily helpful as we worked our way through the legislative process.

New Laws for 2010: 

1)   Off-Highway Vehicle Seasons (SF3275)

Establishes that recreational OHV use is prohibited in state forests during rifle deer hunting season.

ATVAM and ARMCA advocated for putting the current OHV season into statute.  This closes the state forests to recreational use during rifle deer hunting season.  It still allows for hunters to use their ATV’s for hunting purposes.  Included in this statute was a line that gives the Commissioner of DNR the ability to establish an OHV season by executive order.  This means that in the future a DNR Commissioner can establish a season that could bar OHVers from much of the riding season without any input from the public or the Legislature.  We were NOT able to get this line of statute repealed.  However, we have the assurance from the Senate chair of the Environment and Natural Resource Policy Committee that if there is any action by a DNR Commissioner that is unreasonable he will help to rectify it.  ATVAM and ARMCA advocated for this proposal

2)   OHM and ATV Youthful Operation Nonresident Training Requirements (SF3275)

Establishes nonresident training opportunities to youth who wish to ride in Minnesota.

These provisions allows a nonresident youth to do a training course for OHM’s with the Motorcycle Safety Foundation and for ATV’s with the ATV Safety Institute in order to legally ride an OHV in Minnesota.  The statute also cites the reciprocity agreement that DNR has where they can accept the training courses that are offered by other states.  Currently we have accepted no other states training program, but we hope that this statute will get DNR to begin the process of accepting those states training programs that adequately teach youth operators how to handle their machines safely.

3)   ATV Definition Changes (SF3275)

Class I ATV now 1,000 pound maximum and Class II now 1,800 pound maximum

Class I ATV definition changes the total dry weight from 900a to 1,000 pound maximum.  Class II definition changes the total dry weight from a minimum of 900 to 1,000 pounds and a maximum of 1,500 to a maximum of 1,800 pounds.  This change was needed to accommodate for the new electric ATV and was advocated for by Polaris.  ATVAM was neutral on this measure.

4)   Collector ATV registration (SF3275)

One time registration fee of $6 for ATV’s 25 years or older.

ATV’s 25 years or older are currently exempt from registration requirements in MN.  This provision requires a onetime registration of $6 for ATV’s that fit this requirement in order to ensure that users are not pulled over when encountered by an officer for not displaying a current registration.  This provision was a DNR proposal and ATVAM is neutral on this measure.

5)   Youth Training Classes Fee Requirements   (SF3275) 

Youth training instructors can charge only $15 in addition to the normal class fee.

    

This provision says that a group organizing a youth training course can only charge their participants $15 ON TOP OF the $15 fee required by DNR.  This additional charge can be used to pay for materials or the space for the course.  This is a DNR proposal and ATVAM is neutral on this provision.

7)   ATV Nonresident Trail Pass Changes (SF3275)

This provision exempts nonresidents from obtaining a nonresident trail pass if the machine they are riding has a current MN registration sticker.  This was an ATVAM proposal.

8)   Agriculture Zone Grant-in-Aid Trail Exemption (SF3275)

This provision allows grant-in-aid trails to be used in agricultural zones.  Ag zones have severely limited the riding opportunities in southern MN and this will open up more trails and connect riding areas in southern MN.  This was a DNR proposal and supported by ATVAM.

9)   Youth ATV Organized Contests Exemption (SF3275)

This provision allows youth under the age of 12 to ride an ATV in an organized contest on public lands as long as they are supervised by an adult. 

10)  Trail Name Change (SF3275)

A segment of the Willard Munger Snowmobile/ATV trail will be renamed the Matthew Lourey Trail.  Matthew Lourey was killed in action in Iraq and is the son of longtime State Sen. Becky Lourey and brother of current State Sen. Tony Lourey. The trail will also become part of the Arrowhead trail system, not the Munger trail system.  This was needed due to confusion of trails that are parallel to each other with the same name, but host different uses.  This was a DNR proposal.

11) $100,000 appropriation for Moose Trail (SF3275)

$100,000 was appropriated to complete the Moose Trail in northeast Minnesota and is matched by $100,000 from a federal trail grant.  Currently the Moose Trail is a snowmobile trail and in order to convert for ATV and OHM use there is a lot of wetland mitigation that needs to be done to make it suitable for ATV and OHM use.  The $100,000 came from the ATV dedicated account. This was DNR proposal and ATVAM supported the measure.

12)  $500,000 Bonding Appropriation for the Northwoods Regional Trail System (SF2360)

$500,000 was appropriated for the completion of the Northwoods Regional Trail System in north-central Minnesota.  This appropriation was supported by ATVAM and ARMCA but was brought forward by officials from Aitkin County.

13) Tribal Government OHV Registration Exemption

This provision exempts Tribal Governments from MN registration of OHVs and other vehicles.  This brings Tribal Governments in line with townships, cities and counties in the exemption.

14)  School Trust Fund Land Study

There was a study passed that asks a general question of how recreation use of the school trust fund lands could be issued a fee to create revenue for education.  Many ATV and OHM trails run on these lands and currently a fee is paid for each 40 acre parcel that a trail goes through.  ATVAM and ARMCA will monitor the outcome of this study.

PROVISIONS PASSED BY THE LEGISLATURE AND VETOED BY THE GOVERNOR

• Grouse Hunting from ATV Restriction (SF2900)

A person firing at a grouse must now be 10 feet from their motor vehicle and the engine must be shut off.  There is an exemption for persons with disabilities.  This was included in the Game and Fish Omnibus bill and was vetoed only because it was part of a much larger bill, not on its merits alone.  ATVAM was neutral on this issue and DNR supported the new law

• Bonding appropriation for a multi-use trail near Camp Ripley (SF2360)

This provision was included in the bonding bill but was line-item vetoed along with many other provisions by the Governor.

PROVISIONS OF ATVAM/ARMCA THAT DID NOT PASS INTO LAW:

1)   Liability Insurance Requirement Reduction (SF2834/HF2669)

This bill would have lowered the required liability insurance limits for events taking place on state land from $1.5 million back to $1 million.  This bill never received a hearing and legislative support was not strong enough for the provision to be included in any omnibus bills.

2)  Changes to nonresident trail pass (Never introduced)

ATVAM had hoped to change the nonresident trail pass from a pass that is purchased by each individual person that rides to one for each machine that is being used.  Because the nonresident pass is a newly passed law there was not enough legislative support to make the change.  With the change that did pass into law allowing a nonresident to ride on a machine that has proper MN registration will alleviate some of the concerns of the members who brought this proposal forward.

PROVSIONS ADVOCATED FOR BY ANTI-ACCESS GROUPS:

Below are different proposals that were introduced by the anti-access groups that were not passed into law.

• Study of the unrefunded gas tax (HF3148/SF3035)

There was a bill introduced that had the University of Minnesota Center for Transportation do a comprehensive study of the unrefunded gas tax for all uses (i.e. ATV, OHM, Snowmobiles, Boats, etc…).  This study would have cost $250,000 that would have been paid for by the dedicated accounts that were being studied.  There is a long precedent of how these studies have been completed and this was seen as an attack to the legitimacy of that precedent.  This bill was introduced without any of the off-highway advocacy groups being confronted about the issue.  When this was originally scheduled for a hearing ATVAM and ARMCA members called and emailed the chief author and the bill was then pulled and never heard again.  Thank you to all the members who took part in this action alert.

• OHV Seasons (see above) (SF3275)

The Jackpine Coalition advocated for the statute giving the Commissioner of DNR the authority to establish a season to remain in law.  They are hoping for a Commissioner that is friendly to their unreasonable requests and extremist beliefs and will restrict use of OHVs through an executive order. 

• Open-Bottle OHV Restrictions (HF2987/SF2618)

A bill was introduced to unfairly target responsible OHV and Snowmobile users who are in possession of an open alcohol container but are not intoxicated.  This was simply another attempt by anti-access groups to make users of OHV’s and Snowmobiles criminals for responsible use. This bill never received a hearing.

• Others that were introduced but were never heard
• Traditional Use Areas (quiet zones)
• Natural Resources Fund Oversight Committee
• Changes to Trespassing laws that target OHV users

Jonathan and Raymond Bohn appreciate all of the members who participated in both the Legislative Summit and the Day at the Capitol in 2010.  These events help establish a presence beyond the traditional lobbying team and remind legislators that many of their constituents are responsible OHV users and deserve fair representation.