HF 215

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying safety
training provisions; providing for certain background
checks; providing for reporting of certain driving
while impaired violations; providing for seizure and
forfeiture of boat trailers; providing for certain
uses of lawful gambling profits; amending Minnesota
Statutes 2004, sections 84.027, by adding a
subdivision; 84.91, subdivision 1; 84.9256,
subdivision 1; 97B.015, subdivisions 1, 2, 5; 97B.020;
169A.63, subdivision 6; 349.12, subdivision 25.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 84.027, is
amended by adding a subdivision to read:

new text begin Subd. 17. new text end

new text begin Background checks for volunteer
instructors. new text end

new text begin (a) The commissioner may conduct background checks
for volunteer instructor applicants for department safety
training and education programs, including the programs
established under sections 84.791 (youth off-highway motorcycle
safety education and training), 84.86 and 84.862 (youth and
adult snowmobile safety training), 84.925 (youth all-terrain
vehicle safety education and training), 97B.015 (youth firearms
safety training), and 97B.025 (hunter and trapper education and
training).
new text end

new text begin (b) The commissioner shall perform the background check by
retrieving criminal history data maintained in the criminal
justice information system (CJIS) and other data sources.
new text end

new text begin (c) The commissioner shall develop a standardized form to
be used for requesting a background check, which must include:
new text end

new text begin (1) a notification to the applicant that the commissioner
will conduct a background check under this section;
new text end

new text begin (2) a notification to the applicant of the applicant's
rights under paragraph (d); and
new text end

new text begin (3) a signed consent by the applicant to conduct the
background check expiring one year from date of signature.
new text end

new text begin (d) The volunteer instructor applicant who is the subject
of a background check has the right to:
new text end

new text begin (1) be informed that the commissioner will request a
background check on the applicant;
new text end

new text begin (2) be informed by the commissioner of the results of the
background check and obtain a copy of the background check;
new text end

new text begin (3) obtain any record that forms the basis for the
background check and report;
new text end

new text begin (4) challenge the accuracy and completeness of the
information contained in the report or a record; and
new text end

new text begin (5) be informed by the commissioner if the applicant is
rejected because of the result of the background check.
new text end

Sec. 2.

Minnesota Statutes 2004, section 84.91,
subdivision 1, is amended to read:

Subdivision 1.

Acts prohibited.

(a) No owner or other
person having charge or control of any snowmobile or all-terrain
vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol
or a controlled substance or other substance to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.

(b) No owner or other person having charge or control of
any snowmobile or all-terrain vehicle shall knowingly authorize
or permit any person, who by reason of any physical or mental
disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.

(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state is subject to
chapter 169A. In addition to the applicable sanctions under
chapter 169A, a person who is convicted of violating section
169A.20 or an ordinance in conformity with it while operating a
snowmobile or all-terrain vehicle, or who refuses to comply with
a lawful request to submit to testing under sections 169A.50 to
169A.53 or an ordinance in conformity with it, shall be
prohibited from operating the snowmobile or all-terrain vehicle
for a period of one year. The commissioner shall notify the
person of the time period during which the person is prohibited
from operating a snowmobile or all-terrain vehicle.

(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as
defined in section 169A.03. Otherwise, administrative and
judicial review of the prohibition is governed by section
169A.53.

(e) The court shall promptly forward to the commissioner
and the Department of Public Safety copies of all convictions
and criminal and civil sanctions imposed under this section and
deleted text begin chapter deleted text end new text begin chapters new text end 169 new text begin and 169A new text end relating to snowmobiles and
all-terrain vehicles.

(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from
operating a vehicle under paragraph (c) is guilty of a
misdemeanor.

Sec. 3.

Minnesota Statutes 2004, section 84.9256,
subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a)
Except for operation on public road rights-of-way that is
permitted under section 84.928, a driver's license issued by the
state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or
waters.

(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may
make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands
and waters, only if that person possesses a valid all-terrain
vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years
of age or older who holds a valid driver's license.

(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years
old, are not valid for machines in excess of 90cc engine
capacity unless:

(1) the person successfully completed the safety education
and training program under section 84.925, subdivision 1,
including a riding component; new text begin and
new text end

(2) deleted text begin the riding component of the training was conducted
using an all-terrain vehicle with over 90cc engine capacity; and
deleted text end

deleted text begin (3) deleted text end the person is able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.

Sec. 4.

Minnesota Statutes 2004, section 97B.015,
subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner shall
deleted text begin make rules establishing deleted text end new text begin establish new text end a statewide course in the safe
use of firearms and identification of wild mammals and
birds. deleted text begin At least one course must be held within the boundary of
each school district. deleted text end The courses must be conducted by the
commissioner in cooperation with other organizations. The
courses must instruct youths in commonly accepted principles of
safety in hunting and handling common hunting firearms and
identification of various species of wild mammals and birds by
sight and other unique characteristics.

Sec. 5.

Minnesota Statutes 2004, section 97B.015,
subdivision 2, is amended to read:

Subd. 2.

Administration, supervision, and enforcement.

(a) The commissioner shall appoint a qualified person from the
Enforcement Division under civil service rules as supervisor of
hunting safety and prescribe the duties and responsibilities of
the position. The commissioner shall determine and provide the
Enforcement Division with the necessary personnel for this
section.

(b) deleted text begin The commissioner may appoint one or more county
directors of hunting safety in each county. An appointed county
director is responsible to the Enforcement Division. deleted text end The
Enforcement Division may appoint instructors necessary for this
section. deleted text begin County directors and deleted text end Instructors shall serve on a
voluntary basis without compensation. The Enforcement Division
must supply the materials necessary for the course. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.

Sec. 6.

Minnesota Statutes 2004, section 97B.015,
subdivision 5, is amended to read:

Subd. 5.

Firearms safety certificate.

The commissioner
shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A
person must be at least age 11 to take the firearms safety
course and may receive a firearms safety certificate, but the
certificate is not valid new text begin for hunting new text end until the person deleted text begin is at
least deleted text end new text begin reaches new text end age 12. new text begin A person who is age 11 and has a firearms
safety certificate may purchase a deer, bear, turkey, or prairie
chicken license that will become valid when the person reaches
age 12. new text end A firearms safety certificate issued to a person under
age 12 by another state as provided in section 97B.020 is not
valid new text begin for hunting new text end in Minnesota until the person reaches age 12.
The form and content of the firearms safety certificate shall be
prescribed by the commissioner.

Sec. 7.

Minnesota Statutes 2004, section 97B.020, is
amended to read:

97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.

(a) Except as provided in this section and section 97A.451,
subdivision 3a, a person born after December 31, 1979, may not
obtain an annual license to take wild animals by firearms unless
the person has new text begin :
new text end

new text begin (1) new text end a firearms safety certificate or equivalent
certificate deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) a new text end driver's license or identification card with a valid
firearms safety qualification indicator issued under section
171.07, subdivision 13 deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) a new text end previous hunting license deleted text begin , deleted text end new text begin with a valid firearms
safety qualification indicator; new text end or

new text begin (4) new text end other evidence indicating that the person has completed
in this state or in another state a hunter safety course
recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.

new text begin (b) new text end A person who is on active duty and has successfully
completed basic training in the United States armed forces,
reserve component, or National Guard may obtain a hunting
license or approval authorizing hunting regardless of whether
the person is issued a firearms safety certificate.

deleted text begin (b) deleted text end new text begin (c) new text end A person born after December 31, 1979, may not use
a lifetime license to take wild animals by firearms, unless the
person meets the requirements for obtaining an annual license
under paragraph (a) new text begin or (b) new text end .

Sec. 8.

Minnesota Statutes 2004, section 169A.63,
subdivision 6, is amended to read:

Subd. 6.

Vehicle subject to forfeiture.

new text begin (a) new text end A motor
vehicle is subject to forfeiture under this section if it was
used in the commission of a designated offense or was used in
conduct resulting in a designated license revocation.

new text begin (b) Motorboats subject to seizure and forfeiture under this
section also include their trailers.
new text end

Sec. 9.

Minnesota Statutes 2004, section 349.12,
subdivision 25, is amended to read:

Subd. 25.

Lawful purpose.

(a) "Lawful purpose" means one
or more of the following:

(1) any expenditure by or contribution to a 501(c)(3) or
festival organization, as defined in subdivision 15a, provided
that the organization and expenditure or contribution are in
conformity with standards prescribed by the board under section
349.154, which standards must apply to both types of
organizations in the same manner and to the same extent;

(2) a contribution to an individual or family suffering
from poverty, homelessness, or physical or mental disability,
which is used to relieve the effects of that poverty,
homelessness, or disability;

(3) a contribution to an individual for treatment for
delayed posttraumatic stress syndrome or a contribution to a
program recognized by the Minnesota Department of Human Services
for the education, prevention, or treatment of compulsive
gambling;

(4) a contribution to or expenditure on a public or private
nonprofit educational institution registered with or accredited
by this state or any other state;

(5) a contribution to a scholarship fund for defraying the
cost of education to individuals where the funds are awarded
through an open and fair selection process;

(6) activities by an organization or a government entity
which recognize humanitarian or military service to the United
States, the state of Minnesota, or a community, subject to rules
of the board, provided that the rules must not include mileage
reimbursements in the computation of the per diem reimbursement
limit and must impose no aggregate annual limit on the amount of
reasonable and necessary expenditures made to support:

(i) members of a military marching or color guard unit for
activities conducted within the state;

(ii) members of an organization solely for services
performed by the members at funeral services; or

(iii) members of military marching, color guard, or honor
guard units may be reimbursed for participating in color guard,
honor guard, or marching unit events within the state or states
contiguous to Minnesota at a per participant rate of up to $35
per diem;

(7) recreational, community, and athletic facilities and
activities intended primarily for persons under age 21, provided
that such facilities and activities do not discriminate on the
basis of gender and the organization complies with section
349.154;

(8) payment of local taxes authorized under this chapter,
taxes imposed by the United States on receipts from lawful
gambling, the taxes imposed by section 297E.02, subdivisions 1,
4, 5, and 6, and the tax imposed on unrelated business income by
section 290.05, subdivision 3;

(9) payment of real estate taxes and assessments on
permitted gambling premises wholly owned by the licensed
organization paying the taxes, or wholly leased by a licensed
veterans organization under a national charter recognized under
section 501(c)(19) of the Internal Revenue Code, not to exceed:

(i) for premises used for bingo, the amount that an
organization may expend under board rules on rent for bingo; and

(ii) $35,000 per year for premises used for other forms of
lawful gambling;

(10) a contribution to the United States, this state or any
of its political subdivisions, or any agency or instrumentality
thereof other than a direct contribution to a law enforcement or
prosecutorial agency;

(11) a contribution to or expenditure by a nonprofit
organization which is a church or body of communicants gathered
in common membership for mutual support and edification in
piety, worship, or religious observances;

(12) payment of the reasonable costs of an audit required
in section 297E.06, subdivision 4, provided the annual audit is
filed in a timely manner with the Department of Revenue;

(13) a contribution to or expenditure on deleted text begin a wildlife
management project that benefits the public at-large, provided
that the state agency with authority over that wildlife
management project approves the project before the contribution
or expenditure is made;
deleted text end

deleted text begin (14) expenditures, approved by the commissioner of natural
resources, by an organization for grooming and maintaining
snowmobile trails and all-terrain vehicle trails that are (1)
grant-in-aid trails established under section 85.019, or (2)
other trails open to public use, including purchase or lease of
equipment for this purpose; deleted text end new text begin projects or activities approved by
the commissioner of natural resources for:
new text end

new text begin (i) wildlife management projects that benefit the public at
large;
new text end

new text begin (ii) grant-in-aid trail maintenance and grooming
established under sections 84.83 and 84.927 and other trails
open to public use, including purchase or lease of equipment for
this purpose; or
new text end

new text begin (iii) supplies and materials for safety training and
educational programs coordinated by the Department of Natural
Resources, including the Enforcement Division;
new text end

deleted text begin (15) deleted text end new text begin (14) new text end conducting nutritional programs, food shelves,
and congregate dining programs primarily for persons who are age
62 or older or disabled;

deleted text begin (16) deleted text end new text begin (15) new text end a contribution to a community arts organization,
or an expenditure to sponsor arts programs in the community,
including but not limited to visual, literary, performing, or
musical arts;

deleted text begin (17) deleted text end new text begin (16) new text end an expenditure by a licensed veterans
organization for payment of water, fuel for heating,
electricity, and sewer costs for a building wholly owned or
wholly leased by and used as the primary headquarters of the
licensed veterans organization;

deleted text begin (18) deleted text end new text begin (17) new text end expenditure by a licensed veterans organization
of up to $5,000 in a calendar year in net costs to the
organization for meals and other membership events, limited to
members and spouses, held in recognition of military service.
No more than $5,000 can be expended in total per calendar year
under this clause by all licensed veterans organizations sharing
the same veterans post home; or

deleted text begin (19) deleted text end new text begin (18) new text end payment of fees authorized under this chapter
imposed by the state of Minnesota to conduct lawful gambling in
Minnesota.

(b) Notwithstanding paragraph (a), "lawful purpose" does
not include:

(1) any expenditure made or incurred for the purpose of
influencing the nomination or election of a candidate for public
office or for the purpose of promoting or defeating a ballot
question;

(2) any activity intended to influence an election or a
governmental decision-making process;

(3) the erection, acquisition, improvement, expansion,
repair, or maintenance of real property or capital assets owned
or leased by an organization, unless the board has first
specifically authorized the expenditures after finding that (i)
the real property or capital assets will be used exclusively for
one or more of the purposes in paragraph (a); (ii) with respect
to expenditures for repair or maintenance only, that the
property is or will be used extensively as a meeting place or
event location by other nonprofit organizations or community or
service groups and that no rental fee is charged for the use;
(iii) with respect to expenditures, including a mortgage payment
or other debt service payment, for erection or acquisition only,
that the erection or acquisition is necessary to replace with a
comparable building, a building owned by the organization and
destroyed or made uninhabitable by fire or natural disaster,
provided that the expenditure may be only for that part of the
replacement cost not reimbursed by insurance; (iv) with respect
to expenditures, including a mortgage payment or other debt
service payment, for erection or acquisition only, that the
erection or acquisition is necessary to replace with a
comparable building a building owned by the organization that
was acquired from the organization by eminent domain or sold by
the organization to a purchaser that the organization reasonably
believed would otherwise have acquired the building by eminent
domain, provided that the expenditure may be only for that part
of the replacement cost that exceeds the compensation received
by the organization for the building being replaced; or (v) with
respect to an expenditure to bring an existing building into
compliance with the Americans with Disabilities Act under item
(ii), an organization has the option to apply the amount of the
board-approved expenditure to the erection or acquisition of a
replacement building that is in compliance with the Americans
with Disabilities Act;

(4) an expenditure by an organization which is a
contribution to a parent organization, foundation, or affiliate
of the contributing organization, if the parent organization,
foundation, or affiliate has provided to the contributing
organization within one year of the contribution any money,
grants, property, or other thing of value;

(5) a contribution by a licensed organization to another
licensed organization unless the board has specifically
authorized the contribution. The board must authorize such a
contribution when requested to do so by the contributing
organization unless it makes an affirmative finding that the
contribution will not be used by the recipient organization for
one or more of the purposes in paragraph (a); or

(6) a contribution to a statutory or home rule charter
city, county, or town by a licensed organization with the
knowledge that the governmental unit intends to use the
contribution for a pension or retirement fund.