HF 1677

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for
establishment and disposition of certain issuing fees
and an electronic licensing system commission;
creating an account; modifying issuance of snowmobile
state trail stickers by agents; appropriating money;
amending Minnesota Statutes 2004, sections 84.027,
subdivision 15; 84.791, subdivision 2; 84.8205,
subdivisions 3, 4, 6; 84.86, subdivision 1; 84.925,
subdivision 1; 85.055, subdivision 2; 85.43; 88.6435,
subdivision 4; 97A.485, subdivision 7; 97B.015,
subdivision 7; 97B.025.

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

Section 1.

Minnesota Statutes 2004, section 84.027,
subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner
may receive an application for, sell, and issue any license,
stamp, permit, new text begin pass, sticker, duplicate safety training
certification, new text end registration, or transfer under the jurisdiction
of the commissioner by electronic means, including by telephone.
Notwithstanding section 97A.472, electronic and telephone
transactions may be made outside of the state. The commissioner
may:

(1) provide for the electronic transfer of funds generated
by electronic transactions, including by telephone;

(2) assign a license identification number to an applicant
who purchases a hunting or fishing license by electronic means,
to serve as temporary authorization to engage in the licensed
activity until the license is received or expires;

(3) charge and permit agents to charge a fee of individuals
who make electronic transactions and transactions by
telephone new text begin or Internet new text end , including deleted text begin the deleted text end issuing deleted text begin fee under section
97A.485, subdivision 6, deleted text end new text begin fees new text end and an additional transaction fee
not to exceed $3.50;

(4) deleted text begin collect issuing or filing fees as provided under
sections 84.788, subdivision 3, paragraph (e); 84.798,
subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph
(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,
paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and
97A.485, subdivision 6, and collect deleted text end new text begin establish, by written order,
new text end an electronic licensing system commission deleted text begin on deleted text end new text begin to be paid by
revenues generated from all new text end sales deleted text begin of licenses as provided under
sections 85.43, paragraph (b), and 97A.485, subdivision 7 deleted text end new text begin made
through the electronic licensing system. The commissioner shall
establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the
electronic licensing system new text end ; and

(5) adopt rules to administer the provisions of this
subdivision.

(b) deleted text begin Establishment of deleted text end The deleted text begin transaction fee deleted text end new text begin fees established
new text end under paragraph (a), clause (3) new text begin , and the commission established
under paragraph (a), clause (4) new text end , deleted text begin is deleted text end new text begin are new text end not subject to the
rulemaking procedures of chapter 14 and section 14.386 does not
apply.

(c) Money received from fees and commissions collected
under this subdivision, including interest earned, is annually
appropriated from the game and fish fund and the natural
resources fund to the commissioner for the cost of electronic
licensing.

Sec. 2.

Minnesota Statutes 2004, section 84.791,
subdivision 2, is amended to read:

Subd. 2.

Fees.

For the purposes of administering the
program and to defray a portion of the expenses of training and
certifying vehicle operators, the commissioner shall collect a
fee not to exceed $5 from each person who receives the training.
The commissioner shall collect a fee for issuing a duplicate
off-highway motorcycle safety certificate. The commissioner
shall establish the fee for a duplicate off-highway motorcycle
safety certificate new text begin , to include a $1 issuing fee for licensing
agents, new text end that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the service. The fees deleted text begin must deleted text end new text begin , except for the issuing
fee for licensing agents under this subdivision, shall new text end be
deposited in the state treasury and credited to the off-highway
motorcycle account new text begin in the natural resources fund new text end .

Sec. 3.

Minnesota Statutes 2004, section 84.8205,
subdivision 3, is amended to read:

Subd. 3.

License agents.

deleted text begin County auditors are appointed
agents of the commissioner for the sale of snowmobile state
trail stickers. deleted text end The commissioner may appoint deleted text begin other state
agencies as deleted text end agents deleted text begin for the sale of the deleted text end new text begin to issue and sell state
trail new text end stickers. deleted text begin A county auditor may appoint subagents within
the county or within adjacent counties to sell stickers. Upon
appointment of a subagent, the auditor shall notify the
commissioner of the name and address of the subagent. The
auditor may revoke the appointment of a subagent, and deleted text end The
commissioner may revoke the appointment of deleted text begin a state agency deleted text end new text begin an
agent new text end at any time. deleted text begin The commissioner may require an auditor to
revoke a subagent's appointment. The auditor shall furnish
stickers on consignment to any subagent who furnishes a surety
bond in favor of the county in an amount at least equal to the
value of the stickers to be consigned to that subagent. A
surety bond is not required for a state agency appointed by the
commissioner. The county auditor shall be responsible for all
stickers issued to and user fees received by agents except in a
county where the county auditor does not retain fees paid for
license purposes. In these counties, the responsibilities
imposed by this section upon the county auditor are imposed upon
the county. deleted text end The commissioner may deleted text begin promulgate deleted text end new text begin adopt new text end additional
rules deleted text begin governing the accounting and procedures for handling state
trail stickers deleted text end as provided in section 97A.485, subdivision 11.

deleted text begin Any resident desiring to sell snowmobile state trail
stickers may either purchase for cash or obtain on consignment
stickers from a county auditor in groups of not less than ten
individual stickers. In selling stickers, the resident shall be
deemed a subagent of the county auditor and the commissioner,
and deleted text end new text begin An agent new text end shall observe all rules deleted text begin promulgated deleted text end new text begin adopted new text end by the
commissioner for accounting and handling of deleted text begin licenses and
deleted text end stickers pursuant to section 97A.485, subdivision 11.

deleted text begin The county auditor deleted text end new text begin An agent new text end shall promptly deposit new text begin and
remit new text end all money received from the sale of the stickers deleted text begin with the
county treasurer and shall promptly transmit any reports
required by the commissioner, plus 96 percent of the price paid
by each stickerholder deleted text end , exclusive of the issuing fee, deleted text begin for each
sticker sold or consigned by the auditor and subsequently sold
to a stickerholder during the accounting period. The county
auditor shall retain as a commission four percent of all sticker
fees, excluding the issuing fee for stickers consigned to
subagents and the issuing fee on stickers sold by the auditor to
stickerholders deleted text end new text begin to the commissioner new text end .

deleted text begin Unsold stickers in the hands of any subagent shall be
redeemed by the commissioner if presented for redemption within
the time prescribed by the commissioner. Any stickers not
presented for redemption within the period prescribed shall be
conclusively presumed to have been sold, and the subagent
possessing the same or to whom they are charged shall be
accountable.
deleted text end

Sec. 4.

Minnesota Statutes 2004, section 84.8205,
subdivision 4, is amended to read:

Subd. 4.

deleted text begin distribution deleted text end new text begin issuance new text end of stickers.

The
commissioner new text begin and agents new text end shall deleted text begin provide deleted text end new text begin issue and sell snowmobile
state trail new text end stickers deleted text begin to all agents authorized to issue stickers
by the commissioner deleted text end .

Sec. 5.

Minnesota Statutes 2004, section 84.8205,
subdivision 6, is amended to read:

Subd. 6.

Duplicate state trail stickers.

The
commissioner new text begin and agents new text end shall issue a duplicate sticker to
persons whose sticker is lost or destroyed using the process
established under section 97A.405, subdivision 3, and rules
promulgated thereunder. The fee for a duplicate state trail
sticker is $2, with an issuing fee of 50 cents.

Sec. 6.

Minnesota Statutes 2004, section 84.86,
subdivision 1, is amended to read:

Subdivision 1.

Required rules.

With a view of achieving
maximum use of snowmobiles consistent with protection of the
environment the commissioner of natural resources shall adopt
rules in the manner provided by chapter 14, for the following
purposes:

(1) Registration of snowmobiles and display of registration
numbers.

(2) Use of snowmobiles insofar as game and fish resources
are affected.

(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.

(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.

(5) Specifications relating to snowmobile mufflers.

(6) A comprehensive snowmobile information and safety
education and training program, including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators, and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile
safety education and training course. For the purpose of
administering such program and to defray expenses of training
and certifying snowmobile operators, the commissioner shall
collect a fee from each person who receives the youth or adult
training. The commissioner shall collect a fee new text begin , to include a $1
issuing fee for licensing agents, new text end for issuing a duplicate
snowmobile safety certificate. The commissioner shall establish
both fees in a manner that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in
providing the services. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The fees may be established by the commissioner
notwithstanding section 16A.1283. The fees deleted text begin must deleted text end new text begin , except for the
issuing fee for licensing agents under this subdivision, shall
new text end be deposited in the snowmobile trails and enforcement account new text begin in
the natural resources fund new text end and the amount thereof new text begin , except for
the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, and issuing
fees collected by the commissioner, new text end is appropriated annually to
the Enforcement Division of the Department of Natural Resources
for the administration of such programs. In addition to the fee
established by the commissioner, instructors may charge each
person up to the established fee amount for class materials and
expenses. The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this clause. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of snowmobile operators.

(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $500 or more, shall forward a written report of the
accident to the commissioner on such form as the commissioner
shall prescribe. If the operator is killed or is unable to file
a report due to incapacitation, any peace officer investigating
the accident shall file the accident report within ten business
days.

Sec. 7.

Minnesota Statutes 2004, section 84.925,
subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner
shall establish a comprehensive all-terrain vehicle
environmental and safety education and training program,
including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
all-terrain vehicle operators, and the issuance of all-terrain
vehicle safety certificates to vehicle operators over the age of
12 years who successfully complete the all-terrain vehicle
environmental and safety education and training course.

(b) For the purpose of administering the program and to
defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of $15
from each person who receives the training. The commissioner
shall collect a fee new text begin , to include a $1 issuing fee for licensing
agents, new text end for issuing a duplicate all-terrain vehicle safety
certificate. The commissioner shall establish the fee for a
duplicate all-terrain vehicle safety certificate that neither
significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the service. Fee
proceeds new text begin , except for the issuing fee for licensing agents under
this subdivision, new text end shall be deposited in the all-terrain vehicle
account in the natural resources fund.

(c) The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this section. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of vehicle operators. By June 30,
2003, the commissioner shall incorporate a riding component in
the safety education and training program.

Sec. 8.

Minnesota Statutes 2004, section 85.055,
subdivision 2, is amended to read:

Subd. 2.

Fee deposit and appropriation.

The fees
collected under this section shall be deposited in the natural
resources fund and credited to deleted text begin a deleted text end new text begin the new text end state parks account. new text begin Money
in the account, except for the electronic licensing system
commission established by the commissioner under section 84.027,
subdivision 15, is annually appropriated to the commissioner to
operate and maintain the state park system.
new text end

Sec. 9.

Minnesota Statutes 2004, section 85.43, is amended
to read:

85.43 DISPOSITION OF RECEIPTS; PURPOSE.

deleted text begin (a) deleted text end Fees from cross-country ski passes shall be deposited
in the state treasury and credited to a cross-country ski
account in the natural resources fund and, except deleted text begin as provided in
paragraph (b) deleted text end new text begin for the electronic licensing system commission
established by the commissioner under section 84.027,
subdivision 15 new text end , are appropriated to the commissioner of natural
resources for:

(1) grants-in-aid for cross-country ski trails sponsored by
local units of government and special park districts as provided
in section 85.44; and

(2) maintenance, winter grooming, and associated
administrative costs for cross-country ski trails under the
jurisdiction of the commissioner.

deleted text begin (b) The commissioner shall retain for the operation of the
electronic licensing system a commission of 4.7 percent of all
cross-country ski pass fees collected.
deleted text end

Sec. 10.

Minnesota Statutes 2004, section 88.6435,
subdivision 4, is amended to read:

Subd. 4.

new text begin forest bough account; new text end disposition of deleted text begin permit deleted text end fees
deleted text begin and penalties deleted text end .

new text begin (a) The forest bough account is established in
the state treasury within the natural resources fund.
new text end

new text begin (b) new text end Fees for permits issued under this section shall be
deposited in the state treasury and credited to the deleted text begin special
revenue fund deleted text end new text begin forest bough account new text end and new text begin , except for the electronic
licensing system commission established by the commissioner
under section 84.027, subdivision 15, new text end are annually appropriated
to the commissioner of natural resources for costs associated
with balsam bough educational programs for harvesters and buyers.

Sec. 11.

Minnesota Statutes 2004, section 97A.485,
subdivision 7, is amended to read:

Subd. 7.

Electronic licensing system commission.

The
commissioner shall retain for the operation of the electronic
licensing system deleted text begin a commission of 4.7 percent of deleted text end new text begin the commission
established under section 84.027, subdivision 15, and issuing
fees collected by the commissioner on new text end all license fees
collected, excluding:

(1) the small game surcharge; new text begin and
new text end

(2) deleted text begin all issuing fees; and
deleted text end

deleted text begin (3) deleted text end $2.50 of the license fee for the licenses in section
97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12,
and 13.

Sec. 12.

Minnesota Statutes 2004, section 97B.015,
subdivision 7, is amended to read:

Subd. 7.

Fee for duplicate certificate.

The commissioner
shall collect a fee new text begin , to include a $1 issuing fee for licensing
agents, new text end for issuing a duplicate firearms safety certificate.
The commissioner shall establish a fee that neither
significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the service. The fee is
not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply. The commissioner may establish
the fee notwithstanding section 16A.1283. new text begin The duplicate
certificate fees, except for the issuing fee for licensing
agents under this subdivision, shall be deposited in the game
and fish fund and, except for the electronic licensing system
commission established by the commissioner under section 84.027,
subdivision 15, and issuing fees collected by the commissioner,
are appropriated annually to the Enforcement Division of the
Department of Natural Resources for the administration of the
firearm safety course program.
new text end

Sec. 13.

Minnesota Statutes 2004, section 97B.025, is
amended to read:

97B.025 HUNTER AND TRAPPER EDUCATION.

(a) The commissioner may establish education courses for
hunters and trappers. The commissioner shall collect a fee from
each person attending a course. A fee new text begin , to include a $1 issuing
fee for licensing agents, new text end shall be collected for issuing a
duplicate certificate. The commissioner shall establish the
fees in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the services. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The commissioner may establish the fees notwithstanding
section 16A.1283. The fees new text begin , except for the issuing fee for
licensing agents under this subdivision, new text end shall be deposited in
the game and fish fund and the amount thereof new text begin , except for the
electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, new text end is
appropriated annually to the Enforcement Division of the
Department of Natural Resources for the administration of the
program. In addition to the fee established by the commissioner
for each course, instructors may charge each person up to the
established fee amount for class materials and expenses. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.

(b) The commissioner shall enter into an agreement with a
statewide nonprofit trappers association to conduct a trapper
education program. At a minimum, the program must include at
least six hours of classroom and in the field training. The
program must include a review of state trapping laws and
regulations, trapping ethics, the setting and tending of traps
and snares, tagging and registration requirements, and the
preparation of pelts. The association shall be responsible for
all costs of conducting the education program, and shall not
charge any fee for attending the course.