HF 1081

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying commercial
fishing restrictions in infested waters; modifying
state park permit exemptions; providing for a water
recreation account; modifying expiration of certain
committees; modifying disposition of certain revenue
and unrefunded tax receipts; modifying terms of
certain reports; eliminating commissioner approval of
county expenditures of county timber receipts;
modifying zoning requirements in floodplain areas;
amending Minnesota Statutes 2004, sections 84D.03,
subdivision 4; 85.053, subdivision 1; 85.054, by
adding a subdivision; 97A.055, subdivision 4b;
97A.4742, subdivision 4; 103G.615, subdivision 2;
282.08; 282.38, subdivision 1; 296A.18, subdivision 2;
462.357, subdivision 1e; proposing coding for new law
in Minnesota Statutes, chapter 86B.

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

Section 1.

Minnesota Statutes 2004, section 84D.03,
subdivision 4, is amended to read:

Subd. 4.

Commercial fishing new text begin and turtle, frog, and
crayfish harvesting new text end restrictions in infested and noninfested
waters.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish
harvesting in new text begin an new text end infested deleted text begin waters, deleted text end new text begin water that is new text end designated
because deleted text begin the waters contain deleted text end new text begin it contains new text end invasive fish or
invertebrates, may not be used in deleted text begin noninfested deleted text end new text begin any other new text end waters.
If a commercial licensee operates in both deleted text begin noninfested waters and
deleted text end new text begin an new text end infested deleted text begin waters deleted text end new text begin water new text end designated because deleted text begin the waters contain
deleted text end new text begin it contains new text end invasive fish or invertebrates new text begin and other waters new text end , all
nets, traps, buoys, anchors, stakes, and lines used for
commercial fishing or turtle, frog, or crayfish harvesting in
deleted text begin noninfested deleted text end waters new text begin not designated as infested with invasive fish
or invertebrates new text end must be tagged with tags provided by the
commissioner, as specified in the commercial licensee's license
or permit, and may not be used in infested waters designated
because the waters contain invasive fish or invertebrates.

(b) deleted text begin In infested waters designated solely because the waters
contain Eurasian water milfoil, deleted text end All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog,
or crayfish harvesting new text begin in an infested water that is designated
solely because it contains Eurasian water milfoil new text end must be dried
for a minimum of ten days or frozen for a minimum of two days
before they are used in deleted text begin noninfested deleted text end new text begin any other new text end waters new text begin , except as
provided in this paragraph new text end . Commercial deleted text begin operators deleted text end new text begin licensees new text end must
notify the department's regional or area fisheries office or a
conservation officer deleted text begin when deleted text end new text begin before new text end removing nets or equipment from
new text begin an new text end infested deleted text begin waters deleted text end new text begin water designated solely because it contains
Eurasian water milfoil new text end and before resetting those nets or
equipment in deleted text begin noninfested deleted text end new text begin any other new text end waters. deleted text begin All aquatic
macrophytes deleted text end new text begin Upon such notification, the commissioner may
authorize a commercial licensee to move nets or equipment to
another water without freezing or drying, if that water is
designated as infested solely because it contains Eurasian water
milfoil.
new text end

new text begin (c) A commercial licensee new text end must deleted text begin be removed deleted text end new text begin remove all
aquatic macrophytes new text end from nets and other equipment when the nets
and equipment are removed from deleted text begin infested deleted text end waters new text begin of the state new text end .

new text begin (d) The commissioner shall provide a commercial licensee
with a current listing of designated infested waters at the time
that a license or permit is issued.
new text end

Sec. 2.

Minnesota Statutes 2004, section 85.053,
subdivision 1, is amended to read:

Subdivision 1.

Form, issuance, validity.

(a) The
commissioner shall prepare and provide state park permits for
each calendar year that state a motor vehicle may enter and use
state parks, state recreation areas, and state waysides over 50
acres in area. State park permits must be available and placed
on sale by January 1 of the calendar year deleted text begin that the permit is
valid deleted text end new text begin in which the permits are to be issued new text end . A separate
motorcycle permit may be prepared and provided by the
commissioner.

(b) An annual state park permit must be affixed when
purchased and may be used from the time it is affixed for a
12-month period. State park permits in each category must be
numbered consecutively for each year of issue.

(c) State park permits shall be issued by employees of the
Division of Parks and Recreation as designated by the
commissioner. State park permits also may be consigned to and
issued by agents designated by the commissioner who are not
employees of the Division of Parks and Recreation. All proceeds
from the sale of permits and all unsold permits consigned to
agents shall be returned to the commissioner at such times as
the commissioner may direct, but no later than the end of the
calendar year for which the permits are deleted text begin effective deleted text end new text begin issued new text end . No
part of the permit fee may be retained by an agent. An
additional charge or fee in an amount to be determined by the
commissioner, but not to exceed four percent of the price of the
permit, may be collected and retained by an agent for handling
or selling the permits.

Sec. 3.

Minnesota Statutes 2004, section 85.054, is
amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Big bog state recreation area. new text end

new text begin A state park
permit is not required and a fee may not be charged for motor
vehicle entry or parking at the parking area located north of
Tamarac River in the southern unit of Big Bog State Recreation
Area, Beltrami County.
new text end

Sec. 4.

new text begin [86B.706] WATER RECREATION ACCOUNT; RECEIPTS AND
PURPOSE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The water recreation account is
created in the state treasury in the natural resources fund.
new text end

new text begin Subd. 2. new text end

new text begin Money deposited in account. new text end

new text begin The following shall
be deposited in the state treasury and credited to the water
recreation account:
new text end

new text begin (1) fees and surcharges from titling and licensing of
watercraft under this chapter;
new text end

new text begin (2) fines, installment payments, and forfeited bail
according to section 86B.705, subdivision 2;
new text end

new text begin (3) civil penalties according to section 84D.13;
new text end

new text begin (4) mooring fees and receipts from the sale of marine gas
at state-operated or state-assisted small craft harbors and
mooring facilities according to section 86A.21;
new text end

new text begin (5) the unrefunded gasoline tax attributable to watercraft
use under section 296A.18; and
new text end

new text begin (6) fees for permits issued to control or harvest aquatic
plants other than wild rice under section 103G.615, subdivision
2.
new text end

new text begin Subd. 3. new text end

new text begin Purposes. new text end

new text begin The money in the account may be
expended only as appropriated by law for the following purposes:
new text end

new text begin (1) as directed under section 296A.18, subdivision 2, for
acquisition, development, maintenance, and rehabilitation of
public water access and boating facilities on public waters;
lake and river improvements; and boat and water safety;
new text end

new text begin (2) from the fees collected at state-operated or
state-assisted small craft harbors and mooring facilities from
daily and seasonal moorings and the sale of marine gas, for
maintenance, operation, replacement, and expansion of these
facilities and for the debt service on state bonds sold to
finance these facilities;
new text end

new text begin (3) for administration and enforcement of this chapter as
it pertains to titling and licensing of watercraft and use and
safe operation of watercraft; grants for county-sponsored and
administered boat and water safety programs; and state boat and
water safety efforts;
new text end

new text begin (4) for management of aquatic invasive species and the
implementation of chapter 84D as it pertains to aquatic invasive
species, including control, public awareness, law enforcement,
assessment and monitoring, management planning, and research;
and
new text end

new text begin (5) for management of aquatic plants and the implementation
of section 103G.615 as it pertains to aquatic plants, including
plant removal permitting, control, public awareness, law
enforcement, assessment and monitoring, management planning, and
research.
new text end

Sec. 5.

Minnesota Statutes 2004, section 97A.055,
subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight subcommittees.

(a) The
commissioner shall appoint subcommittees of affected persons to
review the reports prepared under subdivision 4; review the
proposed work plans and budgets for the coming year; propose
changes in policies, activities, and revenue enhancements or
reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and
fish fund.

(b) The commissioner shall appoint the following
subcommittees, each comprised of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries
funding, excluding activities related to trout and salmon stamp
funding;

(2) a Wildlife Operations Subcommittee to review wildlife
funding, excluding activities related to migratory waterfowl,
pheasant, and turkey stamp funding and excluding review of the
amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required
in subdivision 4, paragraph (a), clause (2);

(4) an Ecological Services Operations Subcommittee to
review ecological services funding;

(5) a subcommittee to review game and fish fund funding of
enforcement, support services, and Department of Natural
Resources administration;

(6) a subcommittee to review the trout and salmon stamp
report and address funding issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory
waterfowl stamp and address funding issues related to migratory
waterfowl;

(8) a subcommittee to review the report on the pheasant
stamp and address funding issues related to pheasants; and

(9) a subcommittee to review the report on the turkey stamp
and address funding issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a
Budgetary Oversight Committee to coordinate the integration of
the subcommittee reports into an annual report to the
legislature; recommend changes on a broad level in policies,
activities, and revenue enhancements or reductions; provide a
forum to address issues that transcend the subcommittees; and
submit a report for any subcommittee that fails to submit its
report in a timely manner.

(d) The Budgetary Oversight Committee shall develop
recommendations for a biennial budget plan and report for
expenditures on game and fish activities. By August 15 of each
even-numbered year, the committee shall submit the budget plan
recommendations to the commissioner new text begin and to the senate and house
committees with jurisdiction over natural resources finance new text end .

(e) Each subcommittee shall choose its own chair, except
that the chair of the Budgetary Oversight Committee shall be
appointed by the commissioner and may not be the chair of any of
the subcommittees.

(f) The Budgetary Oversight Committee must make
recommendations to the commissioner new text begin and to the senate and house
committees with jurisdiction over natural resources finance new text end for
outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other
law to the contrary, the Budgetary Oversight Committee and
subcommittees do not expire until June 30, deleted text begin 2005 deleted text end new text begin 2010 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 97A.4742,
subdivision 4, is amended to read:

Subd. 4.

Annual report.

By December 15 each year, the
commissioner shall submit a report to the legislative committees
having jurisdiction over environment and natural resources
appropriations and environment and natural resources policy.
The report shall state the amount of revenue received in and
expenditures made from revenue transferred from the lifetime
fish and wildlife trust fund to the game and fish fund deleted text begin and shall
describe projects funded, locations of the projects, and results
and benefits from the projects deleted text end . The report may be included in
the game and fish fund report required by section 97A.055,
subdivision 4. The commissioner shall make the annual report
available to the public.

Sec. 7.

Minnesota Statutes 2004, section 103G.615,
subdivision 2, is amended to read:

Subd. 2.

Fees.

(a) The commissioner shall establish a
fee schedule for permits to control or harvest aquatic plants
other than wild rice. The fees must be set by rule, and section
16A.1283 does not apply. The fees may not exceed $750 per
permit based upon the cost of receiving, processing, analyzing,
and issuing the permit, and additional costs incurred after the
application to inspect and monitor the activities authorized by
the permit, and enforce aquatic plant management rules and
permit requirements.

(b) The fee for a permit for the control of rooted aquatic
vegetation is $35 for each contiguous parcel of shoreline owned
by an owner. This fee may not be charged for permits issued in
connection with purple loosestrife control or lakewide Eurasian
water milfoil control programs.

(c) A fee may not be charged to the state or a federal
governmental agency applying for a permit.

(d) The money received for the permits under this
subdivision shall be deposited in the treasury and credited to
the deleted text begin game and fish fund deleted text end new text begin water recreation account new text end .

Sec. 8.

Minnesota Statutes 2004, section 282.08, is
amended to read:

282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.

The net proceeds from the sale or rental of any parcel of
forfeited land, or from the sale of products from the forfeited
land, must be apportioned by the county auditor to the taxing
districts interested in the land, as follows:

(1) the amounts necessary to pay the state general tax levy
against the parcel for taxes payable in the year for which the
tax judgment was entered, and for each subsequent payable year
up to and including the year of forfeiture, must be apportioned
to the state;

(2) the portion required to pay any amounts included in the
appraised value under section 282.01, subdivision 3, as
representing increased value due to any public improvement made
after forfeiture of the parcel to the state, but not exceeding
the amount certified by the clerk of the municipality must be
apportioned to the municipal subdivision entitled to it;

(3) the portion required to pay any amount included in the
appraised value under section 282.019, subdivision 5,
representing increased value due to response actions taken after
forfeiture of the parcel to the state, but not exceeding the
amount of expenses certified by the Pollution Control Agency or
the commissioner of agriculture, must be apportioned to the
agency or the commissioner of agriculture and deposited in the
fund from which the expenses were paid;

(4) the portion of the remainder required to discharge any
special assessment chargeable against the parcel for drainage or
other purpose whether due or deferred at the time of forfeiture,
must be apportioned to the municipal subdivision entitled to it;
and

(5) any balance must be apportioned as follows:

(i) The county board may annually by resolution set aside
no more than 30 percent of the receipts remaining to be used for
deleted text begin timber deleted text end new text begin forest new text end development on tax-forfeited land and dedicated
memorial forests, to be expended under the supervision of the
county board. It must be expended only on projects deleted text begin approved by
the commissioner of natural resources deleted text end new text begin improving the health and
management of the forest resource new text end .

(ii) The county board may annually by resolution set aside
no more than 20 percent of the receipts remaining to be used for
the acquisition and maintenance of county parks or recreational
areas as defined in sections 398.31 to 398.36, to be expended
under the supervision of the county board.

(iii) Any balance remaining must be apportioned as
follows: county, 40 percent; town or city, 20 percent; and
school district, 40 percent, provided, however, that in
unorganized territory that portion which would have accrued to
the township must be administered by the county board of
commissioners.

Sec. 9.

Minnesota Statutes 2004, section 282.38,
subdivision 1, is amended to read:

Subdivision 1.

Development.

In any county where the
county board by proper resolution sets aside funds for deleted text begin timber
deleted text end new text begin forest new text end development pursuant to section 282.08,
clause deleted text begin (3)(a) deleted text end new text begin (5), item (i) new text end , or section 459.06, subdivision 2,
the deleted text begin Commission deleted text end new text begin commissioner new text end of Iron Range resources new text begin and
rehabilitation new text end may upon request of the county board assist said
county in carrying out any project for the long range
development of its deleted text begin timber deleted text end new text begin forest new text end resources through matching of
funds or otherwise deleted text begin , provided that any such project shall first
be approved by the commissioner of natural resources deleted text end .

Sec. 10.

Minnesota Statutes 2004, section 296A.18,
subdivision 2, is amended to read:

Subd. 2.

Motorboat.

Approximately 1-1/2 percent of all
gasoline received in this state and 1-1/2 percent of all
gasoline produced or brought into this state, except gasoline
used for aviation purposes, is being used as fuel for the
operation of motorboats on the waters of this state and of the
total revenue derived from the imposition of the gasoline fuel
tax for uses other than for aviation purposes, 1-1/2 percent of
such revenues is the amount of tax on fuel used in motorboats
operated on the waters of this state. The amount of unrefunded
tax paid on gasoline used for motor boat purposes as computed in
this chapter shall be paid into the state treasury and credited
to a water recreation account in the special revenue fund for
acquisition, development, maintenance, and rehabilitation of
sites for public access and boating facilities on public waters;
lake and river improvement; deleted text begin state park development; deleted text end and boat and
water safety.

Sec. 11.

Minnesota Statutes 2004, section 462.357,
subdivision 1e, is amended to read:

Subd. 1e.

Nonconformities.

new text begin (a) new text end Any nonconformity,
including the lawful use or occupation of land or premises
existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not
including expansion, unless:

(1) the nonconformity or occupancy is discontinued for a
period of more than one year; or

(2) any nonconforming use is destroyed by fire or other
peril to the extent of greater than 50 percent of its market
value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, a
municipality may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent
property.

new text begin (b) new text end Any subsequent use or occupancy of the land or premises
shall be a conforming use or occupancy. A municipality may, by
ordinance, permit an expansion or impose upon nonconformities
reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision
does not prohibit a municipality from enforcing an ordinance
that applies to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.

new text begin (c) Notwithstanding paragraph (a), a municipality shall
regulate the repair, replacement, maintenance, improvement, or
expansion of nonconforming uses and structures in floodplain
areas to the extent necessary to maintain eligibility in the
National Flood Insurance Program and not increase flood damage
potential or increase the degree of obstruction to flood flows
in the floodway.
new text end