Legislative Final Bill

[Dave]

The Senate and House passed SF 69 which is the final

version of the Ag, Environment, and Natural Resources Bill.

All provisions that were in the final House bill, with the

exception of the Trail Ambassador's program, are in the

final bill. Several minor changes were made to some of the

language in conference committee, but all provisions

remained essentially intact.

Unfortunately, Senator Frederickson was successful in

removing the trail ambassador's program from the committee

report after vigorous support from the House members and

Sen. Bakk and Sen. Sams.

The governor did make some line item vetoes but none

affected us.

If you would like to see a final version of the language,

use the link below.

http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0069.2&session_year=2005&session_number=1

Changes that I am happy that went through are:

This section is effective January 1, 2006.

(e) A person at least ten years of age but under 12 years

136.7 of age may operate an all-terrain vehicle with an engine

136.8 capacity up to 90cc on public lands or waters if accompanied by

136.9 a parent or legal guardian.

136.21 © A person 18 years of age or older may operate an

136.22 all-terrain vehicle carrying one passenger who is 16 or 17 years

136.23 of age and wears a safety helmet approved by the commissioner of

136.24 public safety.

136.25 (d) A person 18 years of age or older may operate an

136.26 all-terrain vehicle carrying one passenger who is 18 years of

136.27 age or older.

211.1 Subdivision 1. [FOREST CLASSIFICATION STATUS REVIEW.] (a)

211.2 By December 31, 2006, the commissioner of natural resources

211.3 shall complete a review of the forest classification status of

211.4 all state forests classified as managed or limited, all forest

211.5 lands under the authority of the commissioner as defined in

211.6 Minnesota Statutes, section 89.001, subdivision 13, and lands

211.7 managed by the commissioner under Minnesota Statutes, section

211.8 282.011. The review must be conducted on a forest-by-forest and

211.9 area-by-area basis in accordance with the process and criteria

211.10 under Minnesota Rules, part 6100.1950. Except as provided in

211.11 paragraph (d), after each forest is reviewed, the commissioner

211.12 must change its status to limited or closed, and must provide a

211.13 similar status for each of the other areas subject to review

211.14 under this section after each individual review is completed.

211.15 ( If the commissioner determines on January 1, 2005, that

211.16 the review required under this section cannot be completed by

211.17 December 31, 2006, the completion date for the review shall be

211.18 extended to December 31, 2008. By January 15, 2005, the

211.19 commissioner shall report to the chairs of the legislative

211.20 committees with jurisdiction over natural resources policy and

211.21 finance regarding the status of the process required by this

211.22 section.

211.23 © Until December 31, 2010, the state forests and areas

211.24 subject to review under this section are exempt from Minnesota

211.25 Statutes, section 84.777, unless an individual forest or area

211.26 has been classified as limited or closed.

211.27 (d) Notwithstanding the restrictions in paragraph (a), and

211.28 Minnesota Statutes, section 84.777, all forest lands under the

211.29 authority of the commissioner as defined in Minnesota Statutes,

211.30 section 89.001, subdivision 13, and lands managed by the

211.31 commissioner under Minnesota Statutes, section 282.011, that are

211.32 north of U.S. Highway 2 shall maintain their present

211.33 classification unless the commissioner reclassifies the lands

211.34 under Minnesota Rules, part 6100.1950. The commissioner shall

211.35 provide for seasonal trail closures when conditions warrant

211.36 them. By December 31, 2008, the commissioner shall complete the

212.1 review and designate trails on forest lands north of Highway 2

212.2 as provided in this section.

[castmaster]

Dave,

i am a bit confused by this part. does it mean that my 12 yr old still needs to pass the atv safety class in order to ride on public lands, but a 10 or 11 yr old doesnt?

(e) A person at least ten years of age but under 12 years

136.7 of age may operate an all-terrain vehicle with an engine

136.8 capacity up to 90cc on public lands or waters if accompanied by

136.9 a parent or legal guardian.

[Dave]

I was told via email from a house representative that the passenger provisions went into effect July 1, 2005. Maybe I'm missing a date somewhere (the bill is loooooong)or the rep was wrong so, please investigate on your own.

[Dave]

CM, I was trying to determine that myself. Currently, the youth has to be 12 in order to ride on public land or waters. I would "think" that the 10 and 11 year olds would need the safety class as well but, that's just my opinion. I haven't found it worded in the bill.

[tripper]

dave,cm i think they looked at it the same way they looked at small game hunting.

hunting- a parent or quardian can take a child out and teach them to hunt and allow them to shoot small game.

atv- a parent or guardian(though not stated i would think the guardain has to 18 or older) can take a 10 or 11 year old out on public land to teach them how to ride as long as the machine is 90cc or less.

reason behind all this- the state has used the age of 12 as the cut line for when they consider a child old enough to comprehend the information given out in saftey classes. this way a child gets the oppertunity to become some what knowlageable of a machine,does and don'ts( if parent is doing thier job) before takeing the class.

[Dave]

Tripper, ah, that makes sense. Thanks. I've been relating this recent law change to my own soon-to-be 10 and 12 year olds. And, I agree, a 10 year old would have a hard time understanding the written exam and this will give him some "time in the saddle" to teach him.