HF 1427

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; authorizing the sale 
  1.3             and licensure of intellectual property and software 
  1.4             developed by or for the department of natural 
  1.5             resources; modifying provisions of recreational 
  1.6             training programs; modifying restrictions on youth 
  1.7             operation of snowmobiles; permitting certain grants to 
  1.8             local fire departments; modifying forfeiture 
  1.9             provisions; modifying provisions related to snowmobile 
  1.10            and firearms safety designations on drivers' licenses; 
  1.11            defining terms; modifying nongame wildlife checkoff 
  1.12            provisions; modifying forestry development projects 
  1.13            provisions; providing civil and criminal penalties; 
  1.14            amending Minnesota Statutes 1998, sections 84.055, by 
  1.15            adding a subdivision; 84.0855, subdivision 2; 84.86, 
  1.16            subdivision 1; 84.862, subdivisions 1 and 2; 84.872, 
  1.17            subdivision 1; 84.91, subdivision 1; 88.067; 97B.020; 
  1.18            169.121, subdivision 3; 169.1217, subdivisions 7a and 
  1.19            9; 169.123, subdivision 1; 171.07, subdivisions 12 and 
  1.20            13; 290.431; 290.432; 574.263; and 574.264, 
  1.21            subdivision 1. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1998, section 84.055, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 1a.  [SOFTWARE SALES.] Notwithstanding section 
  1.26  16B.405, the commissioner may sell or license intellectual 
  1.27  property and software products or services developed by the 
  1.28  department or custom developed by a vendor for the department. 
  1.29     Sec. 2.  Minnesota Statutes 1998, section 84.0855, 
  1.30  subdivision 2, is amended to read: 
  1.31     Subd. 2.  [RECEIPTS; APPROPRIATION.] Money received by the 
  1.32  commissioner under this section or to buy supplies for the use 
  1.33  of volunteers, may be credited to one or more special accounts 
  2.1   in the state treasury and is appropriated to the commissioner 
  2.2   for the purposes for which the money was received.  Money 
  2.3   received from sales at the state fair shall be available for 
  2.4   state fair related costs.  Money received from sales of 
  2.5   intellectual property and software products or services shall be 
  2.6   available for development, maintenance, and support of software 
  2.7   products and systems. 
  2.8      Sec. 3.  Minnesota Statutes 1998, section 84.86, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  With a view of achieving maximum use of 
  2.11  snowmobiles consistent with protection of the environment the 
  2.12  commissioner of natural resources shall adopt rules in the 
  2.13  manner provided by chapter 14, for the following purposes: 
  2.14     (1) Registration of snowmobiles and display of registration 
  2.15  numbers. 
  2.16     (2) Use of snowmobiles insofar as game and fish resources 
  2.17  are affected. 
  2.18     (3) Use of snowmobiles on public lands and waters, or on 
  2.19  grant-in-aid trails, including, but not limited to, the use of 
  2.20  specified metal traction devices and nonmetal traction devices. 
  2.21     (4) Uniform signs to be used by the state, counties, and 
  2.22  cities, which are necessary or desirable to control, direct, or 
  2.23  regulate the operation and use of snowmobiles. 
  2.24     (5) Specifications relating to snowmobile mufflers. 
  2.25     (6) A comprehensive snowmobile information and safety 
  2.26  education and training program, including but not limited to the 
  2.27  preparation and dissemination of snowmobile information and 
  2.28  safety advice to the public, the training of snowmobile 
  2.29  operators, and the issuance of snowmobile safety certificates to 
  2.30  snowmobile operators who successfully complete the snowmobile 
  2.31  safety education and training course.  For the purpose of 
  2.32  administering such program and to defray a portion of the 
  2.33  expenses of training and certifying snowmobile operators, the 
  2.34  commissioner shall collect a fee of not to exceed $5 from each 
  2.35  person who receives the youth and young adult training and a fee 
  2.36  established under chapter 16A from each person who receives or 
  3.1   the adult training.  The commissioner shall establish a fee that 
  3.2   neither significantly over recovers nor under recovers costs, 
  3.3   including overhead costs, involved in providing the services.  
  3.4   The fee is not subject to the rulemaking provisions of chapter 
  3.5   14 and section 14.386 does not apply.  The commissioner shall 
  3.6   deposit the fee in the snowmobile trails and enforcement account 
  3.7   and the amount thereof is appropriated annually to the 
  3.8   commissioner of natural resources for the administration of such 
  3.9   programs.  The commissioner shall cooperate with private 
  3.10  organizations and associations, private and public corporations, 
  3.11  and local governmental units in furtherance of the program 
  3.12  established under this clause.  The commissioner shall consult 
  3.13  with the commissioner of public safety in regard to training 
  3.14  program subject matter and performance testing that leads to the 
  3.15  certification of snowmobile operators. 
  3.16     (7) The operator of any snowmobile involved in an accident 
  3.17  resulting in injury requiring medical attention or 
  3.18  hospitalization to or death of any person or total damage to an 
  3.19  extent of $500 or more, shall forward a written report of the 
  3.20  accident to the commissioner on such form as the commissioner 
  3.21  shall prescribe.  If the operator is killed or is unable to file 
  3.22  a report due to incapacitation, any peace officer investigating 
  3.23  the accident shall file the accident report within ten business 
  3.24  days. 
  3.25     Sec. 4.  Minnesota Statutes 1998, section 84.862, 
  3.26  subdivision 1, is amended to read: 
  3.27     Subdivision 1.  [YOUTH AND YOUNG ADULT SAFETY TRAINING.] 
  3.28  Effective October 1, 1998, any resident born after December 31, 
  3.29  1979, who operates a snowmobile in Minnesota, must possess a 
  3.30  valid snowmobile safety certificate or a driver's license or 
  3.31  identification card with a valid snowmobile qualification 
  3.32  indicator issued under section 171.07, subdivision 12.  The 
  3.33  certificate or qualification indicator may only be issued upon 
  3.34  successful completion of the a course authorized under section 
  3.35  84.86 or 84.862, subdivision 2, if the person is 16 years of age 
  3.36  or older. 
  4.1      Sec. 5.  Minnesota Statutes 1998, section 84.862, 
  4.2   subdivision 2, is amended to read: 
  4.3      Subd. 2.  [ADULT SAFETY TRAINING.] Effective October 1, 
  4.4   2002, any resident born after December 31, 1976, and before 
  4.5   December 31, 1983, who operates a snowmobile in Minnesota, must 
  4.6   possess a valid operator's permit or driver's license or 
  4.7   identification card with a valid snowmobile qualification 
  4.8   indicator issued under section 171.07, subdivision 12, showing 
  4.9   successful completion of a safety course designed for adults or 
  4.10  persons 16 years of age or older.  Whenever possible, the course 
  4.11  shall include a riding component that stresses stopping 
  4.12  distances. 
  4.13     Sec. 6.  Minnesota Statutes 1998, section 84.872, 
  4.14  subdivision 1, is amended to read: 
  4.15     Subdivision 1.  [RESTRICTIONS ON OPERATION.] (a) 
  4.16  Notwithstanding anything in section 84.87 to the contrary, no 
  4.17  person under 14 years of age shall make a direct crossing of a 
  4.18  trunk, county state-aid, or county highway as the operator of a 
  4.19  snowmobile, or operate a snowmobile upon a street or highway 
  4.20  within a municipality. 
  4.21     A person 14 years of age or older, but less than 18 years 
  4.22  of age, may make a direct crossing of a trunk, county state-aid, 
  4.23  or county highway only if the person has in immediate possession 
  4.24  a valid snowmobile safety certificate issued by the commissioner 
  4.25  or a valid motor vehicle operator's driver's license issued by 
  4.26  the commissioner of public safety or the driver's license 
  4.27  authority of another state or identification card with a valid 
  4.28  snowmobile qualification indicator issued under section 171.07, 
  4.29  subdivision 12. 
  4.30     (b) Notwithstanding section 84.862, no person under the age 
  4.31  of 14 years shall operate a snowmobile on any public land, 
  4.32  public easements, or water or grant-in-aid trail unless 
  4.33  accompanied by one of the following listed persons on the same 
  4.34  or an accompanying snowmobile, or on a device towed by the same 
  4.35  or an accompanying snowmobile:  the person's parent, legal 
  4.36  guardian, or other person 18 years of age or older designated by 
  5.1   the parent or guardian.  However, a person 12 years of age or 
  5.2   older but under the age of 14 years may operate a snowmobile on 
  5.3   public lands, public easements, and waters or a grant-in-aid 
  5.4   trail if the person has in immediate possession a valid 
  5.5   snowmobile safety certificate issued by the commissioner or an 
  5.6   identification card with a valid snowmobile qualification 
  5.7   indicator issued under section 171.07, subdivision 12.  
  5.8      Sec. 7.  Minnesota Statutes 1998, section 84.91, 
  5.9   subdivision 1, is amended to read: 
  5.10     Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
  5.11  person having charge or control of any snowmobile or all-terrain 
  5.12  vehicle shall authorize or permit any individual the person 
  5.13  knows or has reason to believe is under the influence of alcohol 
  5.14  or a controlled substance or other substance to operate the 
  5.15  snowmobile or all-terrain vehicle anywhere in this state or on 
  5.16  the ice of any boundary water of this state. 
  5.17     (b) No owner or other person having charge or control of 
  5.18  any snowmobile or all-terrain vehicle shall knowingly authorize 
  5.19  or permit any person, who by reason of any physical or mental 
  5.20  disability is incapable of operating the vehicle, to operate the 
  5.21  snowmobile or all-terrain vehicle anywhere in this state or on 
  5.22  the ice of any boundary water of this state. 
  5.23     (c) A person who operates or is in physical control of a 
  5.24  snowmobile or all-terrain vehicle anywhere in this state or on 
  5.25  the ice of any boundary water of this state is subject to 
  5.26  sections 169.121 to 169.1218 and 169.123 to 169.129.  In 
  5.27  addition to the applicable sanctions under chapter 169, a person 
  5.28  who is convicted of violating section 169.121 while operating a 
  5.29  snowmobile or all-terrain vehicle, or who refuses to comply with 
  5.30  a lawful request to submit to testing under section 169.123, 
  5.31  shall be prohibited from operating the snowmobile or all-terrain 
  5.32  vehicle for a period of one year.  The commissioner shall notify 
  5.33  the convicted person of the period during which the person is 
  5.34  prohibited from operating a snowmobile or all-terrain vehicle.  
  5.35     (d) Administrative and judicial review of the operating 
  5.36  privileges prohibition is governed by section 97B.066, 
  6.1   subdivisions 7 to 9, if the person does not have a prior 
  6.2   impaired driving conviction or prior license revocation, as 
  6.3   defined in section 169.121, subdivision 3.  Otherwise, 
  6.4   administrative and judicial review of the prohibition is 
  6.5   governed by section 169.123.  
  6.6      (e) The court shall promptly forward to the commissioner 
  6.7   and the department of public safety copies of all convictions 
  6.8   and criminal and civil sanctions imposed under this section and 
  6.9   chapter 169 relating to snowmobiles and all-terrain vehicles.  
  6.10     (f) A person who violates paragraph (a) or (b), or an 
  6.11  ordinance in conformity with either of them, is guilty of a 
  6.12  misdemeanor.  A person who operates a snowmobile or all-terrain 
  6.13  vehicle during the period the person is prohibited from 
  6.14  operating a vehicle under paragraph (c) is guilty of a 
  6.15  misdemeanor. 
  6.16     Sec. 8.  Minnesota Statutes 1998, section 88.067, is 
  6.17  amended to read: 
  6.18     88.067 [TRAINING OF GRANTS TO LOCAL FIRE DEPARTMENTS.] 
  6.19     The commissioner may make grants for procurement of fire 
  6.20  suppression equipment and training of fire departments in 
  6.21  techniques of fire control that.  These grants will enable them 
  6.22  local fire departments to assist the state more effectively in 
  6.23  controlling wildfires.  The commissioner may require a local 
  6.24  match for any grant.  Fire suppression equipment may include, 
  6.25  but is not limited to, fire suppression tools and equipment, 
  6.26  protective clothing, dry hydrants, communications equipment, and 
  6.27  conversion of vehicles to wildfire suppression vehicles.  
  6.28  Training shall be provided to the extent practicable in 
  6.29  coordination with other public agencies with training and 
  6.30  educational responsibilities.  
  6.31     Sec. 9.  Minnesota Statutes 1998, section 97B.020, is 
  6.32  amended to read: 
  6.33     97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 
  6.34     Except as provided in this section, a person born after 
  6.35  December 31, 1979, may not hunt or obtain a license to take wild 
  6.36  animals by firearms.  A person may obtain a hunting license if 
  7.1   unless the person has a firearms safety certificate or 
  7.2   equivalent certificate, driver's license or identification card 
  7.3   with a valid firearms safety qualification indicator issued 
  7.4   under section 171.07, subdivision 13, previous hunting license, 
  7.5   or other evidence indicating that the person has completed in 
  7.6   this state or in another state a hunter safety course recognized 
  7.7   by the department under a reciprocity agreement.  A person who 
  7.8   is on active duty and has successfully completed basic training 
  7.9   in the United States armed forces, reserve component, or 
  7.10  national guard may obtain a hunting license or approval 
  7.11  authorizing hunting regardless of whether the person is issued a 
  7.12  firearms safety certificate. 
  7.13     Sec. 10.  Minnesota Statutes 1998, section 169.121, 
  7.14  subdivision 3, is amended to read: 
  7.15     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  7.16     (1) "Prior impaired driving conviction" means a prior 
  7.17  conviction under: 
  7.18     (i) this section; Minnesota Statutes 1996, section 84.91, 
  7.19  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  7.20  paragraph (a); section 169.1211; section 169.129; or section 
  7.21  360.0752; 
  7.22     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  7.23  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  7.24  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  7.25  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  7.26     (iii) an ordinance from this state, or a statute or 
  7.27  ordinance from another state, in conformity with any provision 
  7.28  listed in item (i) or (ii). 
  7.29     A prior impaired driving conviction also includes a prior 
  7.30  juvenile adjudication that would have been a prior impaired 
  7.31  driving conviction if committed by an adult. 
  7.32     (2) "Prior license revocation" means a driver's license 
  7.33  suspension, revocation, cancellation, denial, or 
  7.34  disqualification under: 
  7.35     (i) this section or section 169.1211, 169.123, 171.04, 
  7.36  171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  8.1   alcohol-related incident; 
  8.2      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  8.3   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  8.4   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  8.5   clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  8.6      (iii) an ordinance from this state, or a statute or 
  8.7   ordinance from another state, in conformity with any provision 
  8.8   listed in item (i) or (ii). 
  8.9      "Prior license revocation" also means the revocation of 
  8.10  snowmobile or all-terrain vehicle operating privileges under 
  8.11  section 84.911, or motorboat operating privileges under section 
  8.12  86B.335, for violations that occurred on or after August 1, 1995 
  8.13  1994; the revocation of snowmobile or all-terrain vehicle 
  8.14  operating privileges under section 84.91; or the revocation of 
  8.15  motorboat operating privileges under section 86B.331. 
  8.16     (b) A person who violates subdivision 1, clause (a), (b), 
  8.17  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  8.18  in conformity with any of them, is guilty of a misdemeanor. 
  8.19     (c) A person is guilty of a gross misdemeanor under any of 
  8.20  the following circumstances: 
  8.21     (1) the person violates subdivision 1, clause (f); 
  8.22     (2) the person violates subdivision 1, clause (a), (b), 
  8.23  (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
  8.24  of a prior impaired driving conviction or a prior license 
  8.25  revocation; 
  8.26     (3) the person violates section 169.26 while in violation 
  8.27  of subdivision 1; or 
  8.28     (4) the person violates subdivision 1 or 1a while a child 
  8.29  under the age of 16 is in the vehicle, if the child is more than 
  8.30  36 months younger than the violator. 
  8.31     A person convicted of a gross misdemeanor under this 
  8.32  paragraph is subject to the mandatory penalties provided in 
  8.33  subdivision 3d. 
  8.34     (d) A person is guilty of an enhanced gross misdemeanor 
  8.35  under any of the following circumstances: 
  8.36     (1) the person violates subdivision 1, clause (f), or 
  9.1   commits a violation described in paragraph (c), clause (3) or 
  9.2   (4), within ten years of one or more prior impaired driving 
  9.3   convictions or prior license revocations; 
  9.4      (2) the person violates subdivision 1, clause (a), (b), 
  9.5   (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
  9.6   of the first of two or more prior impaired driving convictions, 
  9.7   two or more prior license revocations, or any combination of two 
  9.8   or more prior impaired driving convictions and prior license 
  9.9   revocations, based on separate incidents. 
  9.10     A person convicted of an enhanced gross misdemeanor under 
  9.11  this paragraph may be sentenced to imprisonment in a local 
  9.12  correctional facility for not more than two years or to payment 
  9.13  of a fine of not more than $3,000, or both.  Additionally, the 
  9.14  person is subject to the applicable mandatory penalties provided 
  9.15  in subdivision 3e. 
  9.16     (e) The court shall notify a person convicted of violating 
  9.17  subdivision 1 or 1a that the registration plates of the person's 
  9.18  motor vehicle may be impounded under section 168.042 and the 
  9.19  vehicle may be subject to forfeiture under section 169.1217 upon 
  9.20  a subsequent conviction for violating this section, section 
  9.21  169.129, or section 171.24, or a subsequent license revocation 
  9.22  under section 169.123.  The notice must describe the conduct and 
  9.23  the time periods within which the conduct must occur in order to 
  9.24  result in plate impoundment or forfeiture.  The failure of the 
  9.25  court to provide this information does not affect the 
  9.26  applicability of the plate impoundment or the forfeiture 
  9.27  provision to that person. 
  9.28     (f) The attorney in the jurisdiction in which the violation 
  9.29  occurred who is responsible for prosecution of misdemeanor 
  9.30  violations of this section shall also be responsible for 
  9.31  prosecution of gross misdemeanor and enhanced gross misdemeanor 
  9.32  violations of this section. 
  9.33     (g) The court must impose consecutive sentences when it 
  9.34  sentences a person for a violation of this section or section 
  9.35  169.129 arising out of separate behavioral incidents.  The court 
  9.36  also must impose a consecutive sentence when it sentences a 
 10.1   person for a violation of this section or section 169.129 and 
 10.2   the person, at the time of sentencing, is on probation for, or 
 10.3   serving, an executed sentence for a violation of this section or 
 10.4   section 169.129 and the prior sentence involved a separate 
 10.5   behavioral incident.  The court also may order that the sentence 
 10.6   imposed for a violation of this section or section 169.129 shall 
 10.7   run consecutively to a previously imposed misdemeanor, gross 
 10.8   misdemeanor, or felony sentence for a violation other than this 
 10.9   section or section 169.129.  
 10.10     (h) When the court stays the sentence of a person convicted 
 10.11  under this section, the length of the stay is governed by 
 10.12  section 609.135, subdivision 2. 
 10.13     (i) The court may impose consecutive sentences for offenses 
 10.14  arising out of a single course of conduct as permitted in 
 10.15  section 609.035, subdivision 2.  
 10.16     (j) When an attorney responsible for prosecuting gross 
 10.17  misdemeanors or enhanced gross misdemeanors under this section 
 10.18  requests criminal history information relating to prior impaired 
 10.19  driving convictions from a court, the court must furnish the 
 10.20  information without charge. 
 10.21     (k) A violation of subdivision 1a may be prosecuted either 
 10.22  in the jurisdiction where the arresting officer observed the 
 10.23  defendant driving, operating, or in control of the motor vehicle 
 10.24  or in the jurisdiction where the refusal occurred. 
 10.25     Sec. 11.  Minnesota Statutes 1998, section 169.1217, 
 10.26  subdivision 7a, is amended to read: 
 10.27     Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 10.28  motor vehicle used to commit a designated offense or used in 
 10.29  conduct resulting in a designated license revocation is subject 
 10.30  to administrative forfeiture under this subdivision. 
 10.31     (b) When a motor vehicle is seized under subdivision 2, the 
 10.32  appropriate agency shall serve the driver or operator of the 
 10.33  vehicle with a notice of the seizure and intent to forfeit the 
 10.34  vehicle.  Additionally, when a motor vehicle is seized under 
 10.35  subdivision 2, or within a reasonable time after that, all 
 10.36  persons known to have an ownership or possessory interest in the 
 11.1   vehicle must be notified of the seizure and the intent to 
 11.2   forfeit the vehicle.  Notice mailed by certified mail to the 
 11.3   address shown in department of public safety records is 
 11.4   sufficient notice to the registered owner of the vehicle.  
 11.5   Otherwise, notice may be given in the manner provided by law for 
 11.6   service of a summons in a civil action. 
 11.7      (c) The notice must be in writing and contain:  
 11.8      (1) a description of the vehicle seized; 
 11.9      (2) the date of seizure; and 
 11.10     (3) notice of the right to obtain judicial review of the 
 11.11  forfeiture and of the procedure for obtaining that judicial 
 11.12  review, printed in English, Hmong, and Spanish.  Substantially 
 11.13  the following language must appear conspicuously:  "IF YOU DO 
 11.14  NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 11.15  STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
 11.16  TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 11.17  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 11.18  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 11.19  UNABLE TO AFFORD THE FEE.  YOU DO NOT HAVE TO PAY THE FILING FEE 
 11.20  IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 
 11.21  IN CONCILIATION COURT." 
 11.22     (d) Within 30 days following service of a notice of seizure 
 11.23  and forfeiture under this subdivision, a claimant may file a 
 11.24  demand for a judicial determination of the forfeiture.  The 
 11.25  demand must be in the form of a civil complaint and must be 
 11.26  filed with the court administrator in the county in which the 
 11.27  seizure occurred, together with proof of service of a copy of 
 11.28  the complaint on the prosecuting authority having jurisdiction 
 11.29  over the forfeiture, and the standard filing fee for civil 
 11.30  actions unless the petitioner has the right to sue in forma 
 11.31  pauperis under section 563.01.  If the value of the seized 
 11.32  property is less than $500, the claimant may file an action in 
 11.33  conciliation court for recovery of the seized vehicle without 
 11.34  paying the conciliation court filing fee.  No responsive 
 11.35  pleading is required of the prosecuting authority and no court 
 11.36  fees may be charged for the prosecuting authority's appearance 
 12.1   in the matter.  Except as provided in this section, judicial 
 12.2   reviews and hearings are governed by section 169.123, 
 12.3   subdivisions 5c and 6, and shall take place at the same time as 
 12.4   any judicial review of the person's license revocation under 
 12.5   section 169.123.  The proceedings may be combined with any 
 12.6   hearing on a petition filed under section 169.123, subdivision 
 12.7   5c, and are governed by the rules of civil procedure.  
 12.8      (e) The complaint must be captioned in the name of the 
 12.9   claimant as plaintiff and the seized vehicle as defendant, and 
 12.10  must state with specificity the grounds on which the claimant 
 12.11  alleges the vehicle was improperly seized and the plaintiff's 
 12.12  interest in the vehicle seized.  Notwithstanding any law to the 
 12.13  contrary, an action for the return of a vehicle seized under 
 12.14  this section may not be maintained by or on behalf of any person 
 12.15  who has been served with a notice of seizure and forfeiture 
 12.16  unless the person has complied with this subdivision. 
 12.17     (f) If the claimant makes a timely demand for a judicial 
 12.18  determination under this subdivision, the appropriate agency 
 12.19  must conduct the forfeiture under subdivision 8. 
 12.20     (g) If a demand for judicial determination of an 
 12.21  administrative forfeiture is filed under this subdivision and 
 12.22  the court orders the return of the seized vehicle, the court 
 12.23  shall order that filing fees be reimbursed to the person who 
 12.24  filed the demand.  In addition, the court may order the payment 
 12.25  of reasonable costs, expenses, and attorney fees under 
 12.26  section 549.21, subdivision 2 549.211.  
 12.27     Sec. 12.  Minnesota Statutes 1998, section 169.1217, 
 12.28  subdivision 9, is amended to read: 
 12.29     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
 12.30  vehicle is administratively forfeited under subdivision 7a, or 
 12.31  if the court finds under subdivision 8 that the vehicle is 
 12.32  subject to forfeiture under subdivisions 6 and 7, the 
 12.33  appropriate agency shall: 
 12.34     (1) sell the vehicle and distribute the proceeds under 
 12.35  paragraph (b); or 
 12.36     (2) keep the vehicle for official use.  If the agency keeps 
 13.1   a forfeited motor vehicle for official use, it shall make 
 13.2   reasonable efforts to ensure that the motor vehicle is available 
 13.3   for use by the agency's officers who participate in the drug 
 13.4   abuse resistance education program. 
 13.5      (b) The proceeds from the sale of forfeited vehicles, after 
 13.6   payment of seizure, storage, forfeiture, and sale expenses, and 
 13.7   satisfaction of valid liens against the property, must be 
 13.8   forwarded to the treasury of the political subdivision that 
 13.9   employs the appropriate agency responsible for the forfeiture 
 13.10  for use in DWI-related enforcement, training and education.  If 
 13.11  the appropriate agency is an agency of state government, the net 
 13.12  proceeds must be forwarded to the state treasury and credited to 
 13.13  the general fund. 
 13.14     (c) The proceeds from the sale of forfeited off-road 
 13.15  recreational vehicles and motorboats, after payment of seizure, 
 13.16  storage, forfeiture, and sale expenses, and satisfaction of 
 13.17  valid liens against the property, must be forwarded to the state 
 13.18  treasury and credited to the following funds: 
 13.19     (1) if the forfeited vehicle is a motorboat, the net 
 13.20  proceeds must be credited to the water recreation account in the 
 13.21  natural resources fund; 
 13.22     (2) if the forfeited vehicle is a snowmobile, the net 
 13.23  proceeds must be credited to the snowmobile trails and 
 13.24  enforcement account in the natural resources fund; 
 13.25     (3) if the forfeited vehicle is an all-terrain vehicle, the 
 13.26  net proceeds must be credited to the all-terrain vehicle account 
 13.27  in the natural resources fund; 
 13.28     (4) if the forfeited vehicle is an off-highway motorcycle, 
 13.29  the net proceeds must be credited to the off-highway motorcycle 
 13.30  account in the natural resources fund; 
 13.31     (5) if the forfeited vehicle is an off-road vehicle, the 
 13.32  net proceeds must be credited to the off-road vehicle account in 
 13.33  the natural resources fund; and 
 13.34     (6) if otherwise, the net proceeds must be credited to the 
 13.35  general fund. 
 13.36     Sec. 13.  Minnesota Statutes 1998, section 169.123, 
 14.1   subdivision 1, is amended to read: 
 14.2      Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
 14.3   this section, section 169.121, and section 169.1211, the term 
 14.4   peace officer means (1) a state patrol officer, (2) University 
 14.5   of Minnesota peace officer, (3) a constable as defined in 
 14.6   section 367.40, subdivision 3, (4) police officer of any 
 14.7   municipality, including towns having powers under section 
 14.8   368.01, or county, and (5) for purposes of violations of those 
 14.9   sections in or on an off-road recreational vehicle or motorboat, 
 14.10  or for violations of section 97B.065 or 97B.066, a state 
 14.11  conservation officer. 
 14.12     Sec. 14.  Minnesota Statutes 1998, section 171.07, 
 14.13  subdivision 12, is amended to read: 
 14.14     Subd. 12.  [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 
 14.15  department shall maintain in its records information transmitted 
 14.16  electronically from the commissioner of natural resources 
 14.17  identifying each person to whom the commissioner has issued a 
 14.18  snowmobile safety certificate.  The records transmitted from the 
 14.19  department of natural resources must contain the full name and 
 14.20  date of birth as required for the driver's license or 
 14.21  identification card.  Records that are not matched to a driver's 
 14.22  license or identification card record may be deleted after seven 
 14.23  years. 
 14.24     (b) After receiving information under paragraph (a) that a 
 14.25  person has received a snowmobile safety certificate, the 
 14.26  department shall include, on all drivers' licenses or Minnesota 
 14.27  identification cards subsequently issued to the person, a 
 14.28  graphic or written indication that the person has received the 
 14.29  certificate. 
 14.30     (c) If a person who has received a snowmobile safety 
 14.31  certificate applies for a driver's license or Minnesota 
 14.32  identification card before that information has been transmitted 
 14.33  to the department, the department may accept a copy of the 
 14.34  certificate as proof of its issuance and shall then follow the 
 14.35  procedures in paragraph (b). 
 14.36     Sec. 15.  Minnesota Statutes 1998, section 171.07, 
 15.1   subdivision 13, is amended to read: 
 15.2      Subd. 13.  [FIREARMS SAFETY DESIGNATION.] (a) When an 
 15.3   applicant has a record transmitted to the department as 
 15.4   described in paragraph (c) or presents a firearms safety 
 15.5   certificate issued for successfully completing a firearms safety 
 15.6   course administered under section 97B.015, voluntarily and 
 15.7   requests a driver's license or identification card described in 
 15.8   paragraph (b), pays the required fees, and otherwise qualifies, 
 15.9   the department shall issue, renew, or reissue to the applicant a 
 15.10  driver's license or Minnesota identification card described in 
 15.11  paragraph (b). 
 15.12     (b) Pursuant to paragraph (a), the department shall issue a 
 15.13  driver's license or Minnesota identification card bearing a 
 15.14  designation or symbolic representation, as designed by the 
 15.15  commissioner in consultation with the commissioner of natural 
 15.16  resources, indicating graphic or written indication that the 
 15.17  applicant has successfully completed a firearms safety 
 15.18  course and is knowledgeable in firearms safety administered 
 15.19  under section 97B.015. 
 15.20     (c) The department shall maintain in its records 
 15.21  information transmitted electronically from the commissioner of 
 15.22  natural resources identifying each person to whom the 
 15.23  commissioner has issued a firearms safety certificate.  The 
 15.24  records transmitted from the department of natural resources 
 15.25  must contain the full name and date of birth as required for the 
 15.26  driver's license or identification card.  Records that are not 
 15.27  matched to a driver's license or identification card record may 
 15.28  be deleted after seven years. 
 15.29     Sec. 16.  Minnesota Statutes 1998, section 290.431, is 
 15.30  amended to read: 
 15.31     290.431 [NONGAME WILDLIFE CHECKOFF.] 
 15.32     Every individual who files an income tax return or property 
 15.33  tax refund claim form may designate on their original return 
 15.34  that $1 or more shall be added to the tax or deducted from the 
 15.35  refund that would otherwise be payable by or to that individual 
 15.36  and paid into an account to be established for the management of 
 16.1   nongame wildlife.  The commissioner of revenue shall, on the 
 16.2   income tax return and the property tax refund claim form, notify 
 16.3   filers of their right to designate that a portion of their tax 
 16.4   or refund shall be paid into the nongame wildlife management 
 16.5   account.  The sum of the amounts so designated to be paid shall 
 16.6   be credited to the nongame wildlife management account for use 
 16.7   by the nongame program of the section of wildlife in the 
 16.8   department of natural resources.  All interest earned on money 
 16.9   accrued, gifts to the program, contributions to the program, and 
 16.10  reimbursements of expenditures in the nongame wildlife 
 16.11  management account shall be credited to the account by the state 
 16.12  treasurer.  The commissioner of natural resources shall submit a 
 16.13  work program for each fiscal year and semiannual progress 
 16.14  reports to the legislative commission on Minnesota resources in 
 16.15  the form determined by the commission.  None of the money 
 16.16  provided in this section may be expended unless the commission 
 16.17  has approved the work program.  
 16.18     The state pledges and agrees with all contributors to the 
 16.19  nongame wildlife management account to use the funds contributed 
 16.20  solely for the management of nongame wildlife projects and 
 16.21  further agrees that it will not impose additional conditions or 
 16.22  restrictions that will limit or otherwise restrict the ability 
 16.23  of the commissioner of natural resources to use the available 
 16.24  funds for the most efficient and effective management of nongame 
 16.25  wildlife. 
 16.26     Sec. 17.  Minnesota Statutes 1998, section 290.432, is 
 16.27  amended to read: 
 16.28     290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 
 16.29     A corporation that files an income tax return may designate 
 16.30  on its original return that $1 or more shall be added to the tax 
 16.31  or deducted from the refund that would otherwise be payable by 
 16.32  or to that corporation and paid into the nongame wildlife 
 16.33  management account established by section 290.431 for use by the 
 16.34  section of wildlife in the department of natural resources for 
 16.35  its nongame wildlife program.  The commissioner of revenue 
 16.36  shall, on the corporate tax return, notify filers of their right 
 17.1   to designate that a portion of their tax return be paid into the 
 17.2   nongame wildlife management account for the protection of 
 17.3   endangered natural resources.  All interest earned on money 
 17.4   accrued, gifts to the program, contributions to the program, and 
 17.5   reimbursements of expenditures in the nongame wildlife 
 17.6   management account shall be credited to the account by the state 
 17.7   treasurer.  The commissioner of natural resources shall submit a 
 17.8   work program for each fiscal year to the legislative commission 
 17.9   on Minnesota resources in the form determined by the 
 17.10  commission.  None of the money provided in this section may be 
 17.11  spent unless the commission has approved the work program. 
 17.12     The state pledges and agrees with all corporate 
 17.13  contributors to the nongame wildlife account to use the funds 
 17.14  contributed solely for the nongame wildlife program and further 
 17.15  agrees that it will not impose additional conditions or 
 17.16  restrictions that will limit or otherwise restrict the ability 
 17.17  of the commissioner of natural resources to use the available 
 17.18  funds for the most efficient and effective management of those 
 17.19  programs. 
 17.20     Sec. 18.  Minnesota Statutes 1998, section 574.263, is 
 17.21  amended to read: 
 17.22     574.263 [FORESTRY NATURAL RESOURCE DEVELOPMENT PROJECTS.] 
 17.23     Subdivision 1.  [DEFINITION.] For the purposes of this 
 17.24  section and section 574.264, "forestry natural resource 
 17.25  development project" includes site preparation by discing, 
 17.26  shearing, rock raking or piling, patch scarification, or 
 17.27  furrowing; prairie restoration; creation of wildlife openings 
 17.28  and other wildlife habitat improvements; landscape clearing; 
 17.29  tree planting; tree seeding; tree pruning; timber stand 
 17.30  improvement by thinning or clearing existing forest trees by 
 17.31  manual, mechanical, or chemical techniques; or forest road and 
 17.32  bridge construction, reconstruction, and maintenance of 
 17.33  department of natural resources trails, public accesses, water 
 17.34  control structures, fish barriers, sewage treatment systems, 
 17.35  roads, and bridges. 
 17.36     Subd. 2.  [CONTRACTOR'S BOND.] A contract with the state 
 18.1   for a forestry natural resource development project may require 
 18.2   a performance bond at the discretion of the commissioner of 
 18.3   natural resources. If the commissioner determines that a 
 18.4   performance bond is required, it shall not be less than five 
 18.5   percent of the contract price. 
 18.6      Subd. 3.  [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a 
 18.7   contract made by the commissioner for a forestry natural 
 18.8   resource development project, the commissioner may require a bid 
 18.9   deposit in place of a performance bond for charges that may 
 18.10  accrue because of doing the specified work and to enforce the 
 18.11  terms of the contract.  The commissioner may set the amount of 
 18.12  the bid deposit, but it may not be less than five percent of the 
 18.13  contract price. 
 18.14     Subd. 4.  [PAYMENT BOND.] A contract with the state for 
 18.15  a forestry natural resource development project may require a 
 18.16  payment bond at the discretion of the commissioner of natural 
 18.17  resources.  If the commissioner determines that a payment bond 
 18.18  is required, the commissioner also has the discretion to decide 
 18.19  whether the bond may be in the form of securities in place of a 
 18.20  bond as provided in section 574.264.  If so, the securities 
 18.21  cannot have less value than five percent of the contract price. 
 18.22     Sec. 19.  Minnesota Statutes 1998, section 574.264, 
 18.23  subdivision 1, is amended to read: 
 18.24     Subdivision 1.  [FOREST NATURAL RESOURCE DEVELOPMENT 
 18.25  PROJECTS.] In place of a performance or payment bond or bid 
 18.26  deposit for a state contract for a forestry natural resource 
 18.27  development project less than $50,000, the person required to 
 18.28  file the bond or bid deposit may deposit in a local designated 
 18.29  state depository or with the state treasurer a certified check, 
 18.30  a cashier's check, a postal, bank, or express money order, 
 18.31  assignable bonds or notes of the United States, or an assignment 
 18.32  of a bank savings account or investment certificate or an 
 18.33  irrevocable bank letter of credit, in the same amount that would 
 18.34  be required for the bond or bid deposit.  If securities listed 
 18.35  in this section are deposited, their value shall not be less 
 18.36  than the amount required for the bond or bid deposit and the 
 19.1   person required to file the bond or bid deposit shall submit an 
 19.2   agreement authorizing the commissioner to sell or otherwise take 
 19.3   possession of the securities in the event of default under the 
 19.4   contract or nonpayment of any persons furnishing labor and 
 19.5   materials under, or to perform, the contract.  
 19.6      Sec. 20.  [EFFECTIVE DATE.] 
 19.7      Sections 1 to 19 are effective the day following final 
 19.8   enactment.