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HF 1487

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             rendered obsolete by the electronic licensing system; 
  1.4             modifying the disposition of certain taxes and 
  1.5             proceeds; clarifying certain licensing and training 
  1.6             requirements; providing for removal of submerged 
  1.7             vehicles; modifying watercraft license and title 
  1.8             provisions; clarifying sale of live animals and animal 
  1.9             portions; modifying rulemaking authority; modifying 
  1.10            certain license revocation provisions; clarifying 
  1.11            taxidermy and bow fishing provisions; modifying fish 
  1.12            house requirements; repealing certain fleeing 
  1.13            provisions; amending Minnesota Statutes 2000, sections 
  1.14            6.48; 84.788, subdivisions 3 and 4; 84.796; 84.798, 
  1.15            subdivisions 3 and 5; 84.82, subdivision 2; 84.83, 
  1.16            subdivisions 3 and 5; 84.862, subdivisions 1 and 2; 
  1.17            84.872, subdivision 1; 84.922, subdivisions 2 and 3; 
  1.18            86B.401, subdivisions 1, 3, and 4; 86B.705, 
  1.19            subdivision 2; 86B.820, subdivision 13; 86B.825, 
  1.20            subdivision 1; 86B.830, subdivision 1; 97A.065, 
  1.21            subdivision 2; 97A.105, subdivisions 4 and 9; 97A.421, 
  1.22            subdivision 1; 97A.425, subdivision 1; 97A.441, 
  1.23            subdivision 1; 97A.512; 97B.055, subdivision 2; 
  1.24            97C.355, subdivision 1, by adding a subdivision; and 
  1.25            297A.94; proposing coding for new law in Minnesota 
  1.26            Statutes, chapter 86B; repealing Minnesota Statutes 
  1.27            2000, sections 84.792; and 84.801. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29     Section 1.  Minnesota Statutes 2000, section 6.48, is 
  1.30  amended to read: 
  1.31     6.48 [EXAMINATION OF COUNTIES; COST, FEES.] 
  1.32     All the powers and duties conferred and imposed upon the 
  1.33  state auditor shall be exercised and performed by the state 
  1.34  auditor in respect to the offices, institutions, public 
  1.35  property, and improvements of several counties of the state.  At 
  1.36  least once in each year, if funds and personnel permit, the 
  2.1   state auditor shall visit, without previous notice, each county 
  2.2   and make a thorough examination of all accounts and records 
  2.3   relating to the receipt and disbursement of the public funds and 
  2.4   the custody of the public funds, including the game and fish 
  2.5   funds, and other property.  The state auditor shall prescribe 
  2.6   and install systems of accounts and financial reports that shall 
  2.7   be uniform, so far as practicable, for the same class of 
  2.8   offices.  A copy of the report of such examination shall be 
  2.9   filed and be subject to public inspection in the office of the 
  2.10  state auditor and another copy in the office of the auditor of 
  2.11  the county thus examined.  The state auditor may accept the 
  2.12  records and audit, or any part thereof, of the department of 
  2.13  human services in lieu of examination of the county social 
  2.14  welfare funds, if such audit has been made within any period 
  2.15  covered by the state auditor's audit of the other records of the 
  2.16  county.  If any such examination shall disclose malfeasance, 
  2.17  misfeasance, or nonfeasance in any office of such county, such 
  2.18  report shall be filed with the county attorney of the county, 
  2.19  and the county attorney shall institute such civil and criminal 
  2.20  proceedings as the law and the protection of the public 
  2.21  interests shall require.  
  2.22     The county receiving such examination, and the division of 
  2.23  game and fish of the department of natural resources of the 
  2.24  state of Minnesota, in the case of the examination of the game 
  2.25  and fish funds, shall pay to the state general fund, 
  2.26  notwithstanding the provisions of section 16A.125, the total 
  2.27  cost and expenses of such examinations, including the salaries 
  2.28  paid to the examiners while actually engaged in making such 
  2.29  examination.  The state auditor on deeming it advisable may bill 
  2.30  counties, having a population of 200,000 or over, monthly for 
  2.31  services rendered and the officials responsible for approving 
  2.32  and paying claims shall cause said bill to be promptly paid.  
  2.33  The general fund shall be credited with all collections made for 
  2.34  any such examinations.  
  2.35     Sec. 2.  Minnesota Statutes 2000, section 84.788, 
  2.36  subdivision 3, is amended to read: 
  3.1      Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  3.2   for registration or continued registration must be made to the 
  3.3   commissioner or an authorized deputy registrar of motor vehicles 
  3.4   on in a form prescribed by the commissioner.  The form must 
  3.5   state the name and address of every owner of the off-highway 
  3.6   motorcycle and must be signed by at least one owner. 
  3.7      (b) A person who purchases from a retail dealer an 
  3.8   off-highway motorcycle that is intended to be operated on public 
  3.9   lands or waters shall make application for registration to the 
  3.10  dealer at the point of sale.  The dealer shall issue a temporary 
  3.11  ten-day registration permit to each purchaser who applies to the 
  3.12  dealer for registration.  The dealer shall submit the completed 
  3.13  registration applications and fees to the deputy registrar at 
  3.14  least once each week.  No fee may be charged by a dealer to a 
  3.15  purchaser for providing the temporary permit. 
  3.16     (c) Upon receipt of the application and the appropriate 
  3.17  fee, the commissioner or deputy registrar shall issue to the 
  3.18  applicant, or provide to the dealer, a 60-day temporary receipt 
  3.19  and shall assign a registration number that must be affixed to 
  3.20  the motorcycle in a manner prescribed by the commissioner.  A 
  3.21  dealer subject to paragraph (b) shall provide the registration 
  3.22  materials and temporary receipt to the purchaser within the 
  3.23  ten-day temporary permit period. 
  3.24     (d) The commissioner shall develop a registration system to 
  3.25  register vehicles under this section.  A deputy registrar of 
  3.26  motor vehicles acting under section 168.33, is also a deputy 
  3.27  registrar of off-highway motorcycles.  The commissioner of 
  3.28  natural resources in agreement with the commissioner of public 
  3.29  safety may prescribe the accounting and procedural requirements 
  3.30  necessary to ensure efficient handling of registrations and 
  3.31  registration fees.  Deputy registrars shall strictly comply with 
  3.32  the accounting and procedural requirements.  A fee of $2 in 
  3.33  addition to other fees prescribed by law is charged for each 
  3.34  off-highway motorcycle registered by: 
  3.35     (1) a deputy registrar and must be deposited in the 
  3.36  treasury of the jurisdiction where the deputy is appointed, or 
  4.1   kept if the deputy is not a public official; or 
  4.2      (2) the commissioner and must be deposited in the state 
  4.3   treasury and credited to the off-highway motorcycle account. 
  4.4      Sec. 3.  Minnesota Statutes 2000, section 84.788, 
  4.5   subdivision 4, is amended to read: 
  4.6      Subd. 4.  [REGISTRATION CARD; SIGNATURE; REPLACEMENT FEE.] 
  4.7   The commissioner shall provide to the registrant a registration 
  4.8   card that includes the registration number, the date of 
  4.9   registration, the make and serial number of the off-highway 
  4.10  motorcycle, the owner's name and address, and additional 
  4.11  information the commissioner may require.  The registration is 
  4.12  not valid unless signed by at least one owner.  Information 
  4.13  concerning registrations must be kept by the commissioner.  Upon 
  4.14  a satisfactory showing that the registration card has been lost 
  4.15  or destroyed, the commissioner shall issue a replacement 
  4.16  registration card upon payment of a fee of $4.  The fees 
  4.17  collected from replacement registration cards must be credited 
  4.18  to the off-highway motorcycle account. 
  4.19     Sec. 4.  Minnesota Statutes 2000, section 84.796, is 
  4.20  amended to read: 
  4.21     84.796 [PENALTIES.] 
  4.22     (a) A person who violates a provision of section 84.788, 
  4.23  84.789, 84.792, 84.793, or 84.795 is guilty of a misdemeanor. 
  4.24     (b) A person who violates a provision of a rule adopted 
  4.25  under section 84.79 is guilty of a petty misdemeanor. 
  4.26     Sec. 5.  Minnesota Statutes 2000, section 84.798, 
  4.27  subdivision 3, is amended to read: 
  4.28     Subd. 3.  [APPLICATION; ISSUANCE.] Application for 
  4.29  registration or continued registration must be made to the 
  4.30  commissioner, or an authorized deputy registrar of motor 
  4.31  vehicles on in a form prescribed by the commissioner.  The form 
  4.32  must state the name and address of every owner of the off-road 
  4.33  vehicle and must be signed by at least one owner.  Upon receipt 
  4.34  of the application and the appropriate fee, the commissioner 
  4.35  shall register the off-road vehicle and assign a registration 
  4.36  number that must be affixed to the vehicle in accordance with 
  5.1   subdivision 4.  A deputy registrar of motor vehicles acting 
  5.2   under section 168.33 is also a deputy registrar of off-road 
  5.3   vehicles.  The commissioner of natural resources in cooperation 
  5.4   with the commissioner of public safety may prescribe the 
  5.5   accounting and procedural requirements necessary to ensure 
  5.6   efficient handling of registrations and registration fees.  
  5.7   Deputy registrars shall strictly comply with the accounting and 
  5.8   procedural requirements.  A fee of $2 in addition to other fees 
  5.9   prescribed by law must be charged for each off-road vehicle 
  5.10  registered by: 
  5.11     (1) a deputy registrar and must be deposited in the 
  5.12  treasury of the jurisdiction where the deputy is appointed, or 
  5.13  retained if the deputy is not a public official; or 
  5.14     (2) the commissioner and must be deposited in the state 
  5.15  treasury and credited to the off-road vehicle account. 
  5.16     Sec. 6.  Minnesota Statutes 2000, section 84.798, 
  5.17  subdivision 5, is amended to read: 
  5.18     Subd. 5.  [REGISTRATION CARD; SIGNATURE; REPLACEMENT FEE.] 
  5.19  The commissioner shall provide to the registrant a registration 
  5.20  card that includes the registration number, date of expiration, 
  5.21  make and serial number of the off-road vehicle, owner's name and 
  5.22  address, and additional information the commissioner may 
  5.23  require.  The registration is not valid unless signed by at 
  5.24  least one owner.  Information concerning each registration must 
  5.25  be kept by the commissioner.  If a registration card is lost or 
  5.26  destroyed, the commissioner shall issue a replacement 
  5.27  registration card on payment of a fee of $4.  The fees collected 
  5.28  from replacement registration cards must be credited to the 
  5.29  off-road vehicle account in the natural resources fund. 
  5.30     Sec. 7.  Minnesota Statutes 2000, section 84.82, 
  5.31  subdivision 2, is amended to read: 
  5.32     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
  5.33  (a) Application for registration or reregistration shall be made 
  5.34  to the commissioner of natural resources, or the commissioner of 
  5.35  public safety or an authorized deputy registrar of motor 
  5.36  vehicles in such form as the commissioner of public safety shall 
  6.1   prescribe, and shall state the legal name and address of every 
  6.2   owner of the snowmobile and be signed by at least one owner.  
  6.3      (b) A person who purchases a snowmobile from a retail 
  6.4   dealer shall make application for registration to the dealer at 
  6.5   the point of sale.  The dealer shall issue a temporary 
  6.6   registration permit to each purchaser who applies to the dealer 
  6.7   for registration.  The temporary registration is valid for 60 
  6.8   days from the date of issue.  Each retail dealer shall submit 
  6.9   completed registration and fees to the deputy registrar at least 
  6.10  once a week.  Upon receipt of the application and the 
  6.11  appropriate fee as hereinafter provided, such snowmobile shall 
  6.12  be registered and a registration number assigned which shall be 
  6.13  affixed to the snowmobile in a clearly visible and permanent 
  6.14  manner for enforcement purposes as the commissioner of natural 
  6.15  resources shall prescribe.  The registration is not valid unless 
  6.16  signed by at least one owner. 
  6.17     (c) Each deputy registrar of motor vehicles acting pursuant 
  6.18  to section 168.33, shall also be a deputy registrar of 
  6.19  snowmobiles.  The commissioner of natural resources in agreement 
  6.20  with the commissioner of public safety may prescribe the 
  6.21  accounting and procedural requirements necessary to assure 
  6.22  efficient handling of registrations and registration fees.  
  6.23  Deputy registrars shall strictly comply with these accounting 
  6.24  and procedural requirements.  
  6.25     (d) A fee of $2 in addition to that otherwise prescribed by 
  6.26  law shall be charged for: 
  6.27     (1) each snowmobile registered by the registrar or a deputy 
  6.28  registrar and the additional fee shall be disposed of in the 
  6.29  manner provided in section 168.33, subdivision 2; or 
  6.30     (2) each snowmobile registered by the commissioner and the 
  6.31  additional fee shall be deposited in the state treasury and 
  6.32  credited to the snowmobile trails and enforcement account in the 
  6.33  natural resources fund.  
  6.34     Sec. 8.  Minnesota Statutes 2000, section 84.83, 
  6.35  subdivision 3, is amended to read: 
  6.36     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
  7.1   in the account and interest earned on that money may be expended 
  7.2   only as appropriated by law for the following purposes:  
  7.3      (1) for a grant-in-aid program to counties and 
  7.4   municipalities for construction and maintenance of snowmobile 
  7.5   trails, including maintenance of trails on lands and waters of 
  7.6   Voyageurs National Park; 
  7.7      (2) for acquisition, development, and maintenance of state 
  7.8   recreational snowmobile trails; 
  7.9      (3) for snowmobile safety programs; and 
  7.10     (4) for the administration and enforcement of sections 
  7.11  84.81 to 84.90 84.91.  
  7.12     Sec. 9.  Minnesota Statutes 2000, section 84.83, 
  7.13  subdivision 5, is amended to read: 
  7.14     Subd. 5.  [FINES AND FORFEITED BAIL.] The disposition of 
  7.15  fines and forfeited bail collected from prosecutions of 
  7.16  violations of sections 84.81 to 84.91 or rules adopted 
  7.17  thereunder, and violations of section 169A.20 that involve 
  7.18  off-road recreational vehicles, as defined in section 169A.03, 
  7.19  subdivision 16, are governed by section 97A.065. 
  7.20     Sec. 10.  Minnesota Statutes 2000, section 84.862, 
  7.21  subdivision 1, is amended to read: 
  7.22     Subdivision 1.  [YOUTH AND YOUNG ADULT SAFETY TRAINING.] 
  7.23  (a) Effective October 1, 1998, any resident born after December 
  7.24  31, 1979, who operates a snowmobile in Minnesota, must possess: 
  7.25     (1) a valid snowmobile safety certificate or; 
  7.26     (2) a driver's license that has a valid snowmobile 
  7.27  qualification indicator issued under section 171.07, subdivision 
  7.28  12; or 
  7.29     (3) an identification card with that has a valid snowmobile 
  7.30  qualification indicator issued under section 171.07, subdivision 
  7.31  12.  
  7.32     (b) The certificate or qualification indicator may only be 
  7.33  issued upon successful completion of a course authorized under 
  7.34  section 84.86 or.  Either the youth course under this 
  7.35  subdivision or the adult course under subdivision 2 if the 
  7.36  person is may be completed by persons 16 years of age or older. 
  8.1      Sec. 11.  Minnesota Statutes 2000, section 84.862, 
  8.2   subdivision 2, is amended to read: 
  8.3      Subd. 2.  [ADULT SAFETY TRAINING.] (a) Effective October 1, 
  8.4   2002, any resident born after December 31, 1976, and before 
  8.5   December 31, 1983, who operates a snowmobile in Minnesota, must 
  8.6   possess: 
  8.7      (1) a valid operator's permit or snowmobile safety 
  8.8   certificate; 
  8.9      (2) a driver's license that has a valid snowmobile 
  8.10  qualification indicator issued under section 171.07, subdivision 
  8.11  12; or 
  8.12     (3) an identification card with that has a valid snowmobile 
  8.13  qualification indicator issued under section 171.07, subdivision 
  8.14  12, showing. 
  8.15     (b) The certificate or qualification indicator may only be 
  8.16  issued upon successful completion of a safety course designed 
  8.17  for adults or persons 16 years of age or older.  Whenever 
  8.18  possible, the safety course shall include a riding component 
  8.19  that stresses stopping distances. 
  8.20     Sec. 12.  Minnesota Statutes 2000, section 84.872, 
  8.21  subdivision 1, is amended to read: 
  8.22     Subdivision 1.  [RESTRICTIONS ON OPERATION.] (a) 
  8.23  Notwithstanding anything in section 84.87 to the contrary, no 
  8.24  person under 14 years of age shall make a direct crossing of a 
  8.25  trunk, county state-aid, or county highway as the operator of a 
  8.26  snowmobile, or operate a snowmobile upon a street or highway 
  8.27  within a municipality. 
  8.28     A person 14 years of age or older, but less than 18 years 
  8.29  of age, may make a direct crossing of a trunk, county state-aid, 
  8.30  or county highway only if the person has in immediate possession:
  8.31     (1) a valid snowmobile safety certificate issued by the 
  8.32  commissioner or; 
  8.33     (2) a driver's license that has a valid snowmobile 
  8.34  qualification indicator issued under section 171.07, subdivision 
  8.35  12; or 
  8.36     (3) an identification card with that has a valid snowmobile 
  9.1   qualification indicator issued under section 171.07, subdivision 
  9.2   12. 
  9.3      (b) Notwithstanding section 84.862, no person under the age 
  9.4   of 14 years shall operate a snowmobile on any public land, 
  9.5   public easements, or water or grant-in-aid trail unless 
  9.6   accompanied by one of the following listed persons on the same 
  9.7   or an accompanying snowmobile, or on a device towed by the same 
  9.8   or an accompanying snowmobile:  the person's parent, legal 
  9.9   guardian, or other person 18 years of age or older designated by 
  9.10  the parent or guardian.  However, a person 12 years of age or 
  9.11  older but under the age of 14 years may operate a snowmobile on 
  9.12  public lands, public easements, and waters or a grant-in-aid 
  9.13  trail if the person has in immediate possession a valid 
  9.14  snowmobile safety certificate issued by the commissioner or an 
  9.15  identification card with a valid snowmobile qualification 
  9.16  indicator issued under section 171.07, subdivision 12.  
  9.17     Sec. 13.  Minnesota Statutes 2000, section 84.922, 
  9.18  subdivision 2, is amended to read: 
  9.19     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
  9.20  for registration or continued registration shall be made to the 
  9.21  commissioner of natural resources, the commissioner of public 
  9.22  safety or an authorized deputy registrar of motor vehicles on in 
  9.23  a form prescribed by the commissioner.  The form must state the 
  9.24  name and address of every owner of the vehicle and be signed by 
  9.25  at least one owner.  
  9.26     (b) A person who purchases an all-terrain vehicle from a 
  9.27  retail dealer shall make application for registration to the 
  9.28  dealer at the point of sale.  The dealer shall issue a temporary 
  9.29  ten-day registration permit to each purchaser who applies to the 
  9.30  dealer for registration.  The dealer shall submit the completed 
  9.31  registration application and fees to the deputy registrar at 
  9.32  least once each week.  No fee may be charged by a dealer to a 
  9.33  purchaser for providing the temporary permit. 
  9.34     (c) Upon receipt of the application and the appropriate 
  9.35  fee, the commissioner or deputy registrar shall issue to the 
  9.36  applicant, or provide to the dealer, a 60-day temporary receipt 
 10.1   and shall assign a registration number that must be affixed to 
 10.2   the vehicle in a manner prescribed by the commissioner.  A 
 10.3   dealer subject to paragraph (b) shall provide the registration 
 10.4   materials and temporary receipt to the purchaser within the 
 10.5   ten-day temporary permit period.  The commissioner shall use the 
 10.6   snowmobile registration system to register vehicles under this 
 10.7   section.  
 10.8      (d) Each deputy registrar of motor vehicles acting under 
 10.9   section 168.33, is also a deputy registrar of all-terrain 
 10.10  vehicles.  The commissioner of natural resources in agreement 
 10.11  with the commissioner of public safety may prescribe the 
 10.12  accounting and procedural requirements necessary to assure 
 10.13  efficient handling of registrations and registration fees. 
 10.14  Deputy registrars shall strictly comply with the accounting and 
 10.15  procedural requirements.  
 10.16     (e) A fee of $2 in addition to other fees prescribed by law 
 10.17  shall be charged for each vehicle registered by: 
 10.18     (1) a deputy registrar and shall be deposited in the 
 10.19  treasury of the jurisdiction where the deputy is appointed, or 
 10.20  retained if the deputy is not a public official; or 
 10.21     (2) the commissioner and shall be deposited to the state 
 10.22  treasury and credited to the all-terrain vehicle account in the 
 10.23  natural resources fund. 
 10.24     Sec. 14.  Minnesota Statutes 2000, section 84.922, 
 10.25  subdivision 3, is amended to read: 
 10.26     Subd. 3.  [REGISTRATION CARD; SIGNATURE.] The commissioner 
 10.27  shall provide to the registrant a registration card that 
 10.28  includes the registration number, the date of registration, the 
 10.29  make and serial number of the vehicle, the owner's name and 
 10.30  address, and additional information the commissioner may require.
 10.31  Information concerning each registration shall be retained by 
 10.32  the commissioner.  The registration is not valid unless signed 
 10.33  by at least one owner.  Upon a satisfactory showing that the 
 10.34  registration card has been lost or destroyed the commissioner 
 10.35  shall issue a replacement registration card upon payment of a 
 10.36  fee of $4.  The fees collected from replacement registration 
 11.1   cards shall be deposited in the all-terrain vehicle account in 
 11.2   the natural resources fund.  
 11.3      Sec. 15.  [86B.107] [REMOVAL OF SUBMERGED VEHICLES FROM 
 11.4   WATERS OF THE STATE.] 
 11.5      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 11.6   section, "vehicle" means a motor vehicle as defined in section 
 11.7   97A.015, subdivision 32, or a watercraft as defined in section 
 11.8   86B.005, subdivision 18. 
 11.9      (b) For purposes of this section, "owner" means the 
 11.10  registered owner, last registered owner, or legal owner of a 
 11.11  vehicle if the vehicle is not registered. 
 11.12     Subd. 2.  [RESPONSIBILITY FOR REMOVAL.] (a) The owner of a 
 11.13  submerged vehicle is responsible for removing the vehicle from 
 11.14  waters of the state, unless the vehicle is permitted or 
 11.15  otherwise exempt from removal.  Removal must be completed within 
 11.16  30 days of the vehicle entering the water or being discovered in 
 11.17  the water, unless the owner is notified in writing by the 
 11.18  political subdivision having jurisdiction that the removal must 
 11.19  be completed sooner.  Upon request of the political subdivision 
 11.20  the commissioner may extend the 30-day time period for removal. 
 11.21     (b) The owner of the vehicle shall report that the vehicle 
 11.22  is submerged in a body of water.  The owner shall report the 
 11.23  date and the circumstances surrounding the submergence to the 
 11.24  sheriff of the county where the body of water is located within 
 11.25  48 hours of the vehicle entering the water. 
 11.26     (c) If the vehicle is not removed according to paragraph 
 11.27  (a), the political subdivision in whose jurisdiction the lake or 
 11.28  watercourse is located shall remove the vehicle.  The owner of 
 11.29  the vehicle is subject to a civil penalty of not less than twice 
 11.30  nor more than five times the costs incurred by the political 
 11.31  subdivision to remove, process, and dispose of the vehicle.  
 11.32  Civil penalties imposed under this section may be enforced and 
 11.33  distributed as provided in section 115A.99. 
 11.34     (d) The owner of a submerged vehicle is not responsible for 
 11.35  removal of the vehicle if the vehicle was used without the 
 11.36  owner's knowledge.  This includes, but is not limited to, the 
 12.1   operation of a vehicle that was under the control of a member of 
 12.2   the owner's household.  If the driver or operator of the vehicle 
 12.3   is known, the driver or operator is responsible for removing the 
 12.4   vehicle according to this section. 
 12.5      Sec. 16.  Minnesota Statutes 2000, section 86B.401, 
 12.6   subdivision 1, is amended to read: 
 12.7      Subdivision 1.  [APPLICATION.] (a) A person may apply to 
 12.8   the commissioner of natural resources, the commissioner of 
 12.9   public safety, or an authorized deputy registrar of motor 
 12.10  vehicles to license a watercraft in a form as prescribed by the 
 12.11  commissioner of public safety.  
 12.12     (b) The application must state the names and addresses of 
 12.13  all owners of the watercraft and be signed by at least one owner.
 12.14     (c) The installation or presence of a marine toilet in a 
 12.15  watercraft must be indicated by the owner upon application for 
 12.16  licensing of the watercraft or marine conveyance, and a license 
 12.17  for watercraft bearing a marine toilet may not be issued except 
 12.18  upon certification by the owner of the installation of an 
 12.19  acceptable retention device for use with the marine toilet.  
 12.20     Sec. 17.  Minnesota Statutes 2000, section 86B.401, 
 12.21  subdivision 3, is amended to read: 
 12.22     Subd. 3.  [LICENSING.] The license agent shall register the 
 12.23  watercraft on receiving an application and the license fee.  A 
 12.24  license and registration sticker with a registration number 
 12.25  shall be issued and must be affixed to the watercraft as 
 12.26  prescribed by the commissioner of natural resources.  The 
 12.27  license is not valid unless signed by at least one owner. 
 12.28     Sec. 18.  Minnesota Statutes 2000, section 86B.401, 
 12.29  subdivision 4, is amended to read: 
 12.30     Subd. 4.  [LICENSE NUMBER.] Each watercraft must be 
 12.31  assigned a license number.  The license number assigned a 
 12.32  watercraft shall may remain the same if continually renewed even 
 12.33  if not renewed in consecutive years.  The owner of a watercraft 
 12.34  must purchase the watercraft license numbers assigned and affix 
 12.35  the license numbers as prescribed by the commissioner.  
 12.36     Sec. 19.  Minnesota Statutes 2000, section 86B.705, 
 13.1   subdivision 2, is amended to read: 
 13.2      Subd. 2.  [FINES AND BAIL MONEY.] (a) All fines, 
 13.3   installment payments, and forfeited bail money collected from 
 13.4   persons convicted of violations of this chapter or rules adopted 
 13.5   thereunder, or of a violation of section 169A.20 involving a 
 13.6   motorboat, shall be paid to the county treasurer of the county 
 13.7   where the violation occurred by the court administrator or other 
 13.8   person collecting the money within 15 days after the last day of 
 13.9   the month the money was collected.  
 13.10     (b) One-half of the receipts shall be credited to the 
 13.11  general revenue fund of the county.  The other one-half of the 
 13.12  receipts shall be transmitted by the county treasurer to the 
 13.13  commissioner of natural resources to be deposited in the state 
 13.14  treasury and credited to the water recreation account for the 
 13.15  purpose of boat and water safety.  
 13.16     Sec. 20.  Minnesota Statutes 2000, section 86B.820, 
 13.17  subdivision 13, is amended to read: 
 13.18     Subd. 13.  [TITLED WATERCRAFT.] "Titled watercraft" means a 
 13.19  watercraft required to have a certificate of title under section 
 13.20  86B.825, subdivision 1, or; a watercraft for which a certificate 
 13.21  of title has been issued under section 86B.825, subdivision 3; 
 13.22  or a watercraft previously issued a certificate of title or 
 13.23  similar document from another jurisdiction.  
 13.24     Sec. 21.  Minnesota Statutes 2000, section 86B.825, 
 13.25  subdivision 1, is amended to read: 
 13.26     Subdivision 1.  [REQUIREMENT.] Except as provided in 
 13.27  subdivision 2, a watercraft used on the waters of the state must 
 13.28  have a certificate of title if: 
 13.29     (1) the watercraft is owned by a resident of this state and 
 13.30  is kept in the state for more than 90 consecutive days; or 
 13.31     (2) the watercraft is kept in the state for more than 60 
 13.32  consecutive days and has not been issued a certificate of title 
 13.33  or similar document from another jurisdiction.  
 13.34     Sec. 22.  Minnesota Statutes 2000, section 86B.830, 
 13.35  subdivision 1, is amended to read: 
 13.36     Subdivision 1.  [APPLICATION.] The owner of a titled 
 14.1   watercraft must apply for the first certificate of title of a 
 14.2   watercraft in this state to the commissioner or a deputy 
 14.3   registrar on a form prescribed by the commissioner.  The 
 14.4   appropriate fee under section 86B.870 must accompany the 
 14.5   application.  The application must be signed by the owner and 
 14.6   contain: 
 14.7      (1) the full names, dates of birth, and addresses of owners 
 14.8   who are natural persons and the full names and addresses of 
 14.9   other owners; 
 14.10     (2) a description of the watercraft including its make, 
 14.11  model, year, length, the principal material used in 
 14.12  construction, and the builder's or manufacturer's hull 
 14.13  identification number, and the manufacturer's inboard engine 
 14.14  serial number; 
 14.15     (3) the date of purchase by the applicant, the name and 
 14.16  address of the person from whom the watercraft was acquired; 
 14.17     (4) the name and address of the person who is to possess 
 14.18  the title and any conditions of possession; and 
 14.19     (5) other information required by the commissioner to 
 14.20  determine whether the owner is entitled to a certificate of 
 14.21  title and whether security interests exist in the watercraft. 
 14.22     Sec. 23.  Minnesota Statutes 2000, section 97A.065, 
 14.23  subdivision 2, is amended to read: 
 14.24     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
 14.25  forfeited bail collected from prosecutions of violations of:  
 14.26  the game and fish laws or rules adopted thereunder; sections 
 14.27  84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 
 14.28  84.91 or rules adopted thereunder; section 169A.20, when the 
 14.29  violation involved an off-road recreational vehicle as defined 
 14.30  in section 169A.03, subdivision 16; chapter 348; and any other 
 14.31  law relating to wild animals or aquatic vegetation, must be paid 
 14.32  to the treasurer of the county where the violation is 
 14.33  prosecuted.  The county treasurer shall submit one-half of the 
 14.34  receipts to the commissioner and credit the balance to the 
 14.35  county general revenue fund except as provided in paragraphs 
 14.36  (b), (c), and (d).  In a county in a judicial district under 
 15.1   section 480.181, subdivision 1, paragraph (b), as added in Laws 
 15.2   1999, chapter 216, article 7, section 26, the share that would 
 15.3   otherwise go to the county under this paragraph must be 
 15.4   submitted to the state treasurer for deposit in the state 
 15.5   treasury and credited to the general fund. 
 15.6      (b) The commissioner must reimburse a county, from the game 
 15.7   and fish fund, for the cost of keeping prisoners prosecuted for 
 15.8   violations under this section if the county board, by 
 15.9   resolution, directs:  (1) the county treasurer to submit all 
 15.10  fines and forfeited bail to the commissioner; and (2) the county 
 15.11  auditor to certify and submit monthly itemized statements to the 
 15.12  commissioner.  
 15.13     (c) The county treasurer shall submit one-half of the 
 15.14  receipts collected under paragraph (a) from prosecutions of 
 15.15  violations of sections 84.81 to 84.91 or rules adopted 
 15.16  thereunder, and 169A.20, except receipts that are surcharges 
 15.17  imposed under section 357.021, subdivision 6, to the 
 15.18  commissioner and credit the balance to the county general fund.  
 15.19  The commissioner shall credit these receipts to the snowmobile 
 15.20  trails and enforcement account in the natural resources fund. 
 15.21     (d) The county treasurer shall indicate the amount of the 
 15.22  receipts that are surcharges imposed under section 357.021, 
 15.23  subdivision 6, and shall submit all of those receipts to the 
 15.24  state treasurer. 
 15.25     Sec. 24.  Minnesota Statutes 2000, section 97A.105, 
 15.26  subdivision 4, is amended to read: 
 15.27     Subd. 4.  [SALE OF LIVE ANIMALS.] (a) A sale of live 
 15.28  animals from a licensed fur or game farm is not valid unless the 
 15.29  animals are delivered to the purchaser or they are identified 
 15.30  and kept separately.  
 15.31     (b) Live animals sold through auction or through a broker 
 15.32  are considered to be sold by the game farm licensee. 
 15.33     (c) The sale agreement or contract must be in writing. The 
 15.34  licensee must notify a purchaser of the death of an animal 
 15.35  within 30 days and of the number of increase before July 20 of 
 15.36  each year.  
 16.1      Sec. 25.  Minnesota Statutes 2000, section 97A.105, 
 16.2   subdivision 9, is amended to read: 
 16.3      Subd. 9.  [RULES.] The commissioner may adopt rules for: 
 16.4      (1) the issuance of game farm licenses; 
 16.5      (2) the inspection of game farm facilities; 
 16.6      (3) the acquisition and disposal of game farm animals; and 
 16.7      (4) record keeping and reporting by game farm licensees, 
 16.8   including transactions handled by auction or broker. 
 16.9      Sec. 26.  Minnesota Statutes 2000, section 97A.421, 
 16.10  subdivision 1, is amended to read: 
 16.11     Subdivision 1.  [GENERAL.] (a) The annual license of a 
 16.12  person convicted of a violation of the game and fish laws 
 16.13  relating to the license or wild animals covered by the license 
 16.14  is void when: 
 16.15     (1) a second conviction occurs within three years under a 
 16.16  license to take small game or to take fish by angling or 
 16.17  spearing; 
 16.18     (2) a third conviction occurs within one year under a 
 16.19  minnow dealer's license; 
 16.20     (3) a second conviction occurs within three years for 
 16.21  violations of section 97A.425 that do not involve falsifications 
 16.22  or intentional omissions of information required to be recorded, 
 16.23  or attempts to conceal unlawful acts within the records; 
 16.24     (4) two or more misdemeanor convictions occur within a 
 16.25  three-year period under a private fish hatchery license; or 
 16.26     (5) the conviction occurs under a license not described in 
 16.27  clause (1), (2), or (4) or is for a violation of section 97A.425 
 16.28  not described in clause (3); or 
 16.29     (6) the conviction is related to assisting a person in the 
 16.30  illegal taking, transportation, or possession of wild animals, 
 16.31  when acting as a hunting or angling guide.  
 16.32     (b) Except for big game licenses and as otherwise provided 
 16.33  in this section, for one year after the conviction the person 
 16.34  may not obtain the kind of license or take wild animals under a 
 16.35  lifetime license, issued under section 97A.473 or 97A.474, 
 16.36  relating to the game and fish law violation.  
 17.1      Sec. 27.  Minnesota Statutes 2000, section 97A.425, 
 17.2   subdivision 1, is amended to read: 
 17.3      Subdivision 1.  [REQUIREMENT LICENSE AND RECORD 
 17.4   REQUIREMENTS.] (a) A person must have the required to have a 
 17.5   license under the game and fish laws to buy or sell wild 
 17.6   animals, to tan animal hides or dress raw furs, or to mount 
 17.7   specimens of wild animals, and must keep complete records of all 
 17.8   transactions and activities covered by the license and submit 
 17.9   reports to the commissioner.  
 17.10     (b) A person is not required to be licensed to tan animal 
 17.11  hides or dress raw furs or to mount specimens of wild animals if 
 17.12  the person is not compensated for the service. 
 17.13     Sec. 28.  Minnesota Statutes 2000, section 97A.441, 
 17.14  subdivision 1, is amended to read: 
 17.15     Subdivision 1.  [ANGLING AND SPEARING; DISABLED RESIDENTS.] 
 17.16  Licenses to take fish by angling or spearing shall be issued 
 17.17  without a fee to a resident that who is: 
 17.18     (1) blind; 
 17.19     (2) a recipient of supplemental security income for the 
 17.20  aged, blind, and disabled; 
 17.21     (3) a recipient of social security aid to the disabled 
 17.22  under United States Code, title 42, section 416, paragraph 
 17.23  (i)(l) or section 423(d); or 
 17.24     (4) is a recipient of workers' compensation based on a 
 17.25  finding of total and permanent disability; or 
 17.26     (5) 65 years of age or older and was qualified under clause 
 17.27  (2) or (3) at the age of 64.  
 17.28     Sec. 29.  Minnesota Statutes 2000, section 97A.512, is 
 17.29  amended to read: 
 17.30     97A.512 [SALE OF INEDIBLE PORTIONS OF BIG GAME ANIMALS, 
 17.31  FUR-BEARING ANIMALS, FISH, AND GAME BIRDS OTHER THAN MIGRATORY 
 17.32  WATERFOWL.] 
 17.33     (a) Except as otherwise provided by the game and fish laws 
 17.34  and as restricted in this section, a person may possess, 
 17.35  transport, buy, or sell the following inedible portions of 
 17.36  lawfully taken or acquired big game animals, fur-bearing 
 18.1   animals, fish, and game birds other than migratory waterfowl:  
 18.2   bones, including skulls; sinews; hides and skins; hooves; teeth; 
 18.3   claws; and antlers. 
 18.4      (b) A person may not buy or sell bear paws, unless attached 
 18.5   to the hide, or bear gallbladders. 
 18.6      Sec. 30.  Minnesota Statutes 2000, section 97B.055, 
 18.7   subdivision 2, is amended to read: 
 18.8      Subd. 2.  [RESTRICTIONS RELATED TO MOTOR VEHICLES.] A 
 18.9   person may not take a wild animal with a firearm or by archery 
 18.10  from a motor vehicle except as permitted in this section.  
 18.11  Notwithstanding section 97B.091, a person may transport a bow 
 18.12  uncased while in an electric motor-powered boat and may take 
 18.13  rough fish while in the boat. 
 18.14     Sec. 31.  Minnesota Statutes 2000, section 97C.355, 
 18.15  subdivision 1, is amended to read: 
 18.16     Subdivision 1.  [IDENTIFICATION REQUIRED.] All shelters on 
 18.17  the ice of state waters, including dark houses and fish houses, 
 18.18  must have the name and address or driver's license number of an 
 18.19  owner legibly painted displayed on the exterior with characters 
 18.20  at least three two inches high. 
 18.21     Sec. 32.  Minnesota Statutes 2000, section 97C.355, is 
 18.22  amended by adding a subdivision to read: 
 18.23     Subd. 7a.  [HOUSES LEFT OVERNIGHT.] A fish house or dark 
 18.24  house left on the ice overnight must be marked with reflective 
 18.25  material on each side of the house.  The reflective material 
 18.26  must measure a total area of no less than two square inches on 
 18.27  each side of the house.  Violation of this subdivision is not 
 18.28  subject to subdivision 8 or section 97A.301. 
 18.29     Sec. 33.  Minnesota Statutes 2000, section 297A.94, is 
 18.30  amended to read: 
 18.31     297A.94 [DEPOSIT OF REVENUES.] 
 18.32     (a) Except as provided in this section, the commissioner 
 18.33  shall deposit the revenues, including interest and penalties, 
 18.34  derived from the taxes imposed by this chapter in the state 
 18.35  treasury and credit them to the general fund.  
 18.36     (b) The commissioner shall deposit taxes in the Minnesota 
 19.1   agricultural and economic account in the special revenue fund if:
 19.2      (1) the taxes are derived from sales and use of property 
 19.3   and services purchased for the construction and operation of an 
 19.4   agricultural resource project; and 
 19.5      (2) the purchase was made on or after the date on which a 
 19.6   conditional commitment was made for a loan guaranty for the 
 19.7   project under section 41A.04, subdivision 3. 
 19.8   The commissioner of finance shall certify to the commissioner 
 19.9   the date on which the project received the conditional 
 19.10  commitment.  The amount deposited in the loan guaranty account 
 19.11  must be reduced by any refunds and by the costs incurred by the 
 19.12  department of revenue to administer and enforce the assessment 
 19.13  and collection of the taxes.  
 19.14     (c) The commissioner shall deposit the revenues, including 
 19.15  interest and penalties, derived from the taxes imposed on sales 
 19.16  and purchases included in section 297A.61, subdivision 16, 
 19.17  paragraphs (b) and (f), in the state treasury, and credit them 
 19.18  as follows: 
 19.19     (1) first to the general obligation special tax bond debt 
 19.20  service account in each fiscal year the amount required by 
 19.21  section 16A.661, subdivision 3, paragraph (b); and 
 19.22     (2) after the requirements of clause (1) have been met, the 
 19.23  balance to the general fund. 
 19.24     (d) The commissioner shall deposit the revenues, including 
 19.25  interest and penalties, collected under section 297A.64, 
 19.26  subdivision 5, in the state treasury and credit them to the 
 19.27  general fund.  By July 15 of each year the commissioner shall 
 19.28  transfer to the highway user tax distribution fund an amount 
 19.29  equal to the excess fees collected under section 297A.64, 
 19.30  subdivision 5, for the previous calendar year. 
 19.31     (e) For fiscal year 2001, 97 percent, and for fiscal year 
 19.32  2002 and thereafter, 87 percent of the revenues, including 
 19.33  interest and penalties, transmitted to the commissioner under 
 19.34  section 297A.65, must be deposited by the commissioner in the 
 19.35  state treasury as follows: 
 19.36     (1) 50 percent of the receipts must be deposited in the 
 20.1   heritage enhancement account in the game and fish fund, and may 
 20.2   be spent only on activities that improve, enhance, or protect 
 20.3   fish and wildlife resources, including conservation, 
 20.4   restoration, and enhancement of land, water, and other natural 
 20.5   resources of the state; 
 20.6      (2) 22.5 percent of the receipts must be deposited in the 
 20.7   natural resources fund, and may be spent only for state parks 
 20.8   and trails; 
 20.9      (3) 22.5 percent of the receipts must be deposited in the 
 20.10  natural resources fund, and may be spent only on metropolitan 
 20.11  park and trail grants; 
 20.12     (4) three percent of the receipts must be deposited in the 
 20.13  natural resources fund, and may be spent only on local trail 
 20.14  grants; and 
 20.15     (5) two percent of the receipts must be deposited in the 
 20.16  natural resources fund, and may be spent only for the Minnesota 
 20.17  zoological garden, the Como park zoo and conservatory, and the 
 20.18  Duluth zoo. 
 20.19     (f) The revenue dedicated under paragraph (e) may not be 
 20.20  used as a substitute for traditional sources of funding for the 
 20.21  purposes specified, but the dedicated revenue shall supplement 
 20.22  traditional sources of funding for those purposes.  Land 
 20.23  acquired with money deposited in the game and fish fund under 
 20.24  paragraph (e) must be open to public hunting and fishing during 
 20.25  the open season, except that in aquatic management areas or on 
 20.26  lands where angling easements have been acquired, fishing may be 
 20.27  prohibited during certain times of the year and hunting may be 
 20.28  prohibited.  At least 87 percent of the money deposited in the 
 20.29  game and fish fund for improvement, enhancement, or protection 
 20.30  of fish and wildlife resources under paragraph (e) must be 
 20.31  allocated for field operations. 
 20.32     Sec. 34.  [REPEALER.] 
 20.33     Minnesota Statutes 2000, sections 84.792 and 84.801, are 
 20.34  repealed.