1.1 	A bill for an act
1.2 	relating to natural resources; modifying safety
1.3 	training provisions; providing for certain background
1.4 	checks; providing for reporting of certain driving
1.5 	while impaired violations; providing for seizure and
1.6 	forfeiture of boat trailers; providing for certain
1.7 	uses of lawful gambling profits; amending Minnesota
1.8 	Statutes 2004, sections 84.027, by adding a
1.9 	subdivision; 84.91, subdivision 1; 84.9256,
1.10 	subdivision 1; 97B.015, subdivisions 1, 2, 5; 97B.020;
1.11 	169A.63, subdivision 6; 349.12, subdivision 25.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2004, section 84.027, is
1.14 	amended by adding a subdivision to read:
1.15 		Subd. 17.Background checks for volunteer
1.16 	instructors. (a) The commissioner may conduct background checks
1.17 	for volunteer instructor applicants for department safety
1.18 	training and education programs, including the programs
1.19 	established under sections 84.791 (youth off-highway motorcycle
1.20 	safety education and training), 84.86 and 84.862 (youth and
1.21 	adult snowmobile safety training), 84.925 (youth all-terrain
1.22 	vehicle safety education and training), 97B.015 (youth firearms
1.23 	safety training), and 97B.025 (hunter and trapper education and
1.24 	training).
1.25 	(b) The commissioner shall perform the background check by
1.26 	retrieving criminal history data maintained in the criminal
1.27 	justice information system (CJIS) and other data sources.
1.28 	(c) The commissioner shall develop a standardized form to
2.1 	be used for requesting a background check, which must include:
2.2 	(1) a notification to the applicant that the commissioner
2.3 	will conduct a background check under this section;
2.4 	(2) a notification to the applicant of the applicant's
2.5 	rights under paragraph (d); and 
2.6 	(3) a signed consent by the applicant to conduct the
2.7 	background check expiring one year from date of signature.
2.8 	(d) The volunteer instructor applicant who is the subject
2.9 	of a background check has the right to:
2.10 	(1) be informed that the commissioner will request a
2.11 	background check on the applicant;
2.12 	(2) be informed by the commissioner of the results of the
2.13 	background check and obtain a copy of the background check;
2.14 	(3) obtain any record that forms the basis for the
2.15 	background check and report;
2.16 	(4) challenge the accuracy and completeness of the
2.17 	information contained in the report or a record; and 
2.18 	(5) be informed by the commissioner if the applicant is
2.19 	rejected because of the result of the background check.

2.20 	Sec. 2. Minnesota Statutes 2004, section 84.91,
2.21 	subdivision 1, is amended to read:
2.22 		Subdivision 1.Acts prohibited.  (a) No owner or other
2.23 	person having charge or control of any snowmobile or all-terrain
2.24 	vehicle shall authorize or permit any individual the person
2.25 	knows or has reason to believe is under the influence of alcohol
2.26 	or a controlled substance or other substance to operate the
2.27 	snowmobile or all-terrain vehicle anywhere in this state or on
2.28 	the ice of any boundary water of this state.
2.29 	(b) No owner or other person having charge or control of
2.30 	any snowmobile or all-terrain vehicle shall knowingly authorize
2.31 	or permit any person, who by reason of any physical or mental
2.32 	disability is incapable of operating the vehicle, to operate the
2.33 	snowmobile or all-terrain vehicle anywhere in this state or on
2.34 	the ice of any boundary water of this state.
2.35 	(c) A person who operates or is in physical control of a
2.36 	snowmobile or all-terrain vehicle anywhere in this state or on
3.1 	the ice of any boundary water of this state is subject to
3.2 	chapter 169A.  In addition to the applicable sanctions under
3.3 	chapter 169A, a person who is convicted of violating section
3.4 	169A.20 or an ordinance in conformity with it while operating a
3.5 	snowmobile or all-terrain vehicle, or who refuses to comply with
3.6 	a lawful request to submit to testing under sections 169A.50 to
3.7 	169A.53 or an ordinance in conformity with it, shall be
3.8 	prohibited from operating the snowmobile or all-terrain vehicle
3.9 	for a period of one year.  The commissioner shall notify the
3.10 	person of the time period during which the person is prohibited
3.11 	from operating a snowmobile or all-terrain vehicle.
3.12 	(d) Administrative and judicial review of the operating
3.13 	privileges prohibition is governed by section 97B.066,
3.14 	subdivisions 7 to 9, if the person does not have a prior
3.15 	impaired driving conviction or prior license revocation, as
3.16 	defined in section 169A.03.  Otherwise, administrative and
3.17 	judicial review of the prohibition is governed by section
3.18 	169A.53.
3.19 	(e) The court shall promptly forward to the commissioner
3.20 	and the Department of Public Safety copies of all convictions
3.21 	and criminal and civil sanctions imposed under this section and
3.22 	chapter chapters 169 and 169A relating to snowmobiles and
3.23 	all-terrain vehicles.
3.24 	(f) A person who violates paragraph (a) or (b), or an
3.25 	ordinance in conformity with either of them, is guilty of a
3.26 	misdemeanor.  A person who operates a snowmobile or all-terrain
3.27 	vehicle during the time period the person is prohibited from
3.28 	operating a vehicle under paragraph (c) is guilty of a
3.29 	misdemeanor.

3.30 	Sec. 3. Minnesota Statutes 2004, section 84.9256,
3.31 	subdivision 1, is amended to read:
3.32 		Subdivision 1.Prohibitions on youthful operators.  (a)
3.33 	Except for operation on public road rights-of-way that is
3.34 	permitted under section 84.928, a driver's license issued by the
3.35 	state or another state is required to operate an all-terrain
3.36 	vehicle along or on a public road right-of-way.
4.1 	(b) A person under 12 years of age shall not:
4.2 	(1) make a direct crossing of a public road right-of-way;
4.3 	(2) operate an all-terrain vehicle on a public road
4.4 	right-of-way in the state; or
4.5 	(3) operate an all-terrain vehicle on public lands or
4.6 	waters.
4.7 	(c) Except for public road rights-of-way of interstate
4.8 	highways, a person 12 years of age but less than 16 years may
4.9 	make a direct crossing of a public road right-of-way of a trunk,
4.10 	county state-aid, or county highway or operate on public lands
4.11 	and waters, only if that person possesses a valid all-terrain
4.12 	vehicle safety certificate issued by the commissioner and is
4.13 	accompanied on another all-terrain vehicle by a person 18 years
4.14 	of age or older who holds a valid driver's license.
4.15 	(d) All-terrain vehicle safety certificates issued by the
4.16 	commissioner to persons 12 years old, but less than 16 years
4.17 	old, are not valid for machines in excess of 90cc engine
4.18 	capacity unless:
4.19 	(1) the person successfully completed the safety education
4.20 	and training program under section 84.925, subdivision 1,
4.21 	including a riding component; and 
4.22 	(2) the riding component of the training was conducted
4.23 	using an all-terrain vehicle with over 90cc engine capacity; and 
4.24 	(3) the person is able to properly reach and control the
4.25 	handle bars and reach the foot pegs while sitting upright on the
4.26 	seat of the all-terrain vehicle.

4.27 	Sec. 4. Minnesota Statutes 2004, section 97B.015,
4.28 	subdivision 1, is amended to read:
4.29 		Subdivision 1.Establishment.  The commissioner shall
4.30 	make rules establishing establish a statewide course in the safe
4.31 	use of firearms and identification of wild mammals and
4.32 	birds. At least one course must be held within the boundary of
4.33 	each school district.The courses must be conducted by the
4.34 	commissioner in cooperation with other organizations.  The
4.35 	courses must instruct youths in commonly accepted principles of
4.36 	safety in hunting and handling common hunting firearms and
5.1 	identification of various species of wild mammals and birds by
5.2 	sight and other unique characteristics.

5.3 	Sec. 5. Minnesota Statutes 2004, section 97B.015,
5.4 	subdivision 2, is amended to read:
5.5 		Subd. 2.Administration, supervision, and enforcement.
 5.6 	(a) The commissioner shall appoint a qualified person from the
5.7 	Enforcement Division under civil service rules as supervisor of
5.8 	hunting safety and prescribe the duties and responsibilities of
5.9 	the position.  The commissioner shall determine and provide the
5.10 	Enforcement Division with the necessary personnel for this
5.11 	section.
5.12 	(b) The commissioner may appoint one or more county
5.13 	directors of hunting safety in each county.  An appointed county
5.14 	director is responsible to the Enforcement Division.The
5.15 	Enforcement Division may appoint instructors necessary for this
5.16 	section. County directors and Instructors shall serve on a
5.17 	voluntary basis without compensation.  The Enforcement Division
5.18 	must supply the materials necessary for the course.  School
5.19 	districts may cooperate with the commissioner and volunteer
5.20 	instructors to provide space for the classroom portion of the
5.21 	training.

5.22 	Sec. 6. Minnesota Statutes 2004, section 97B.015,
5.23 	subdivision 5, is amended to read:
5.24 		Subd. 5.Firearms safety certificate.  The commissioner
5.25 	shall issue a firearms safety certificate to a person that
5.26 	satisfactorily completes the required course of instruction.  A
5.27 	person must be at least age 11 to take the firearms safety
5.28 	course and may receive a firearms safety certificate, but the
5.29 	certificate is not valid for hunting until the person is at
5.30 	least reaches age 12. A person who is age 11 and has a firearms
5.31 	safety certificate may purchase a deer, bear, turkey, or prairie
5.32 	chicken license that will become valid when the person reaches
5.33 	age 12.A firearms safety certificate issued to a person under
5.34 	age 12 by another state as provided in section 97B.020 is not
5.35 	valid for hunting in Minnesota until the person reaches age 12.
5.36 	The form and content of the firearms safety certificate shall be
6.1 	prescribed by the commissioner.

6.2 	Sec. 7. Minnesota Statutes 2004, section 97B.020, is
6.3 	amended to read:
6.4 	97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
6.5 	(a) Except as provided in this section and section 97A.451,
6.6 	subdivision 3a, a person born after December 31, 1979, may not
6.7 	obtain an annual license to take wild animals by firearms unless
6.8 	the person has:
6.9 	(1) a firearms safety certificate or equivalent
6.10 	certificate,;
6.11 	(2) a driver's license or identification card with a valid
6.12 	firearms safety qualification indicator issued under section
6.13 	171.07, subdivision 13,;
6.14 	(3) a previous hunting license,with a valid firearms
6.15 	safety qualification indicator;or
6.16 	(4) other evidence indicating that the person has completed
6.17 	in this state or in another state a hunter safety course
6.18 	recognized by the department under a reciprocity agreement or
6.19 	certified by the department as substantially similar.
6.20 	(b) A person who is on active duty and has successfully
6.21 	completed basic training in the United States armed forces,
6.22 	reserve component, or National Guard may obtain a hunting
6.23 	license or approval authorizing hunting regardless of whether
6.24 	the person is issued a firearms safety certificate.
6.25 	(b) (c) A person born after December 31, 1979, may not use
6.26 	a lifetime license to take wild animals by firearms, unless the
6.27 	person meets the requirements for obtaining an annual license
6.28 	under paragraph (a) or (b).

6.29 	Sec. 8. Minnesota Statutes 2004, section 169A.63,
6.30 	subdivision 6, is amended to read:
6.31 		Subd. 6.Vehicle subject to forfeiture. (a) A motor
6.32 	vehicle is subject to forfeiture under this section if it was
6.33 	used in the commission of a designated offense or was used in
6.34 	conduct resulting in a designated license revocation.
6.35 	(b) Motorboats subject to seizure and forfeiture under this
6.36 	section also include their trailers.

7.1 	Sec. 9. Minnesota Statutes 2004, section 349.12,
7.2 	subdivision 25, is amended to read:
7.3 		Subd. 25.Lawful purpose.  (a) "Lawful purpose" means one
7.4 	or more of the following:
7.5 	(1) any expenditure by or contribution to a 501(c)(3) or
7.6 	festival organization, as defined in subdivision 15a, provided
7.7 	that the organization and expenditure or contribution are in
7.8 	conformity with standards prescribed by the board under section
7.9 	349.154, which standards must apply to both types of
7.10 	organizations in the same manner and to the same extent;
7.11 	(2) a contribution to an individual or family suffering
7.12 	from poverty, homelessness, or physical or mental disability,
7.13 	which is used to relieve the effects of that poverty,
7.14 	homelessness, or disability;
7.15 	(3) a contribution to an individual for treatment for
7.16 	delayed posttraumatic stress syndrome or a contribution to a
7.17 	program recognized by the Minnesota Department of Human Services
7.18 	for the education, prevention, or treatment of compulsive
7.19 	gambling;
7.20 	(4) a contribution to or expenditure on a public or private
7.21 	nonprofit educational institution registered with or accredited
7.22 	by this state or any other state;
7.23 	(5) a contribution to a scholarship fund for defraying the
7.24 	cost of education to individuals where the funds are awarded
7.25 	through an open and fair selection process;
7.26 	(6) activities by an organization or a government entity
7.27 	which recognize humanitarian or military service to the United
7.28 	States, the state of Minnesota, or a community, subject to rules
7.29 	of the board, provided that the rules must not include mileage
7.30 	reimbursements in the computation of the per diem reimbursement
7.31 	limit and must impose no aggregate annual limit on the amount of
7.32 	reasonable and necessary expenditures made to support:
7.33 	(i) members of a military marching or color guard unit for
7.34 	activities conducted within the state;
7.35 	(ii) members of an organization solely for services
7.36 	performed by the members at funeral services; or
8.1 	(iii) members of military marching, color guard, or honor
8.2 	guard units may be reimbursed for participating in color guard,
8.3 	honor guard, or marching unit events within the state or states
8.4 	contiguous to Minnesota at a per participant rate of up to $35
8.5 	per diem;
8.6 	(7) recreational, community, and athletic facilities and
8.7 	activities intended primarily for persons under age 21, provided
8.8 	that such facilities and activities do not discriminate on the
8.9 	basis of gender and the organization complies with section
8.10 	349.154;
8.11 	(8) payment of local taxes authorized under this chapter,
8.12 	taxes imposed by the United States on receipts from lawful
8.13 	gambling, the taxes imposed by section 297E.02, subdivisions 1,
8.14 	4, 5, and 6, and the tax imposed on unrelated business income by
8.15 	section 290.05, subdivision 3;
8.16 	(9) payment of real estate taxes and assessments on
8.17 	permitted gambling premises wholly owned by the licensed
8.18 	organization paying the taxes, or wholly leased by a licensed
8.19 	veterans organization under a national charter recognized under
8.20 	section 501(c)(19) of the Internal Revenue Code, not to exceed:
8.21 	(i) for premises used for bingo, the amount that an
8.22 	organization may expend under board rules on rent for bingo; and
8.23 	(ii) $35,000 per year for premises used for other forms of
8.24 	lawful gambling;
8.25 	(10) a contribution to the United States, this state or any
8.26 	of its political subdivisions, or any agency or instrumentality
8.27 	thereof other than a direct contribution to a law enforcement or
8.28 	prosecutorial agency;
8.29 	(11) a contribution to or expenditure by a nonprofit
8.30 	organization which is a church or body of communicants gathered
8.31 	in common membership for mutual support and edification in
8.32 	piety, worship, or religious observances;
8.33 	(12) payment of the reasonable costs of an audit required
8.34 	in section 297E.06, subdivision 4, provided the annual audit is
8.35 	filed in a timely manner with the Department of Revenue;
8.36 	(13) a contribution to or expenditure on a wildlife
9.1 	management project that benefits the public at-large, provided
9.2 	that the state agency with authority over that wildlife
9.3 	management project approves the project before the contribution
9.4 	or expenditure is made;
9.5 	(14) expenditures, approved by the commissioner of natural
9.6 	resources, by an organization for grooming and maintaining
9.7 	snowmobile trails and all-terrain vehicle trails that are (1)
9.8 	grant-in-aid trails established under section 85.019, or (2)
9.9 	other trails open to public use, including purchase or lease of
9.10 	equipment for this purpose;projects or activities approved by
9.11 	the commissioner of natural resources for:
9.12 	(i) wildlife management projects that benefit the public at
9.13 	large;
9.14 	(ii) grant-in-aid trail maintenance and grooming
9.15 	established under sections 84.83 and 84.927 and other trails
9.16 	open to public use, including purchase or lease of equipment for
9.17 	this purpose; or 
9.18 	(iii) supplies and materials for safety training and
9.19 	educational programs coordinated by the Department of Natural
9.20 	Resources, including the Enforcement Division;
9.21 	(15) (14) conducting nutritional programs, food shelves,
9.22 	and congregate dining programs primarily for persons who are age
9.23 	62 or older or disabled;
9.24 	(16) (15) a contribution to a community arts organization,
9.25 	or an expenditure to sponsor arts programs in the community,
9.26 	including but not limited to visual, literary, performing, or
9.27 	musical arts;
9.28 	(17) (16) an expenditure by a licensed veterans
9.29 	organization for payment of water, fuel for heating,
9.30 	electricity, and sewer costs for a building wholly owned or
9.31 	wholly leased by and used as the primary headquarters of the
9.32 	licensed veterans organization;
9.33 	(18) (17) expenditure by a licensed veterans organization
9.34 	of up to $5,000 in a calendar year in net costs to the
9.35 	organization for meals and other membership events, limited to
9.36 	members and spouses, held in recognition of military service.
10.1 	No more than $5,000 can be expended in total per calendar year
10.2 	under this clause by all licensed veterans organizations sharing
10.3 	the same veterans post home; or
10.4 	(19) (18) payment of fees authorized under this chapter
10.5 	imposed by the state of Minnesota to conduct lawful gambling in
10.6 	Minnesota.
10.7 	(b) Notwithstanding paragraph (a), "lawful purpose" does
10.8 	not include:
10.9 	(1) any expenditure made or incurred for the purpose of
10.10 	influencing the nomination or election of a candidate for public
10.11 	office or for the purpose of promoting or defeating a ballot
10.12 	question;
10.13 	(2) any activity intended to influence an election or a
10.14 	governmental decision-making process;
10.15 	(3) the erection, acquisition, improvement, expansion,
10.16 	repair, or maintenance of real property or capital assets owned
10.17 	or leased by an organization, unless the board has first
10.18 	specifically authorized the expenditures after finding that (i)
10.19 	the real property or capital assets will be used exclusively for
10.20 	one or more of the purposes in paragraph (a); (ii) with respect
10.21 	to expenditures for repair or maintenance only, that the
10.22 	property is or will be used extensively as a meeting place or
10.23 	event location by other nonprofit organizations or community or
10.24 	service groups and that no rental fee is charged for the use;
10.25 	(iii) with respect to expenditures, including a mortgage payment
10.26 	or other debt service payment, for erection or acquisition only,
10.27 	that the erection or acquisition is necessary to replace with a
10.28 	comparable building, a building owned by the organization and
10.29 	destroyed or made uninhabitable by fire or natural disaster,
10.30 	provided that the expenditure may be only for that part of the
10.31 	replacement cost not reimbursed by insurance; (iv) with respect
10.32 	to expenditures, including a mortgage payment or other debt
10.33 	service payment, for erection or acquisition only, that the
10.34 	erection or acquisition is necessary to replace with a
10.35 	comparable building a building owned by the organization that
10.36 	was acquired from the organization by eminent domain or sold by
11.1 	the organization to a purchaser that the organization reasonably
11.2 	believed would otherwise have acquired the building by eminent
11.3 	domain, provided that the expenditure may be only for that part
11.4 	of the replacement cost that exceeds the compensation received
11.5 	by the organization for the building being replaced; or (v) with
11.6 	respect to an expenditure to bring an existing building into
11.7 	compliance with the Americans with Disabilities Act under item
11.8 	(ii), an organization has the option to apply the amount of the
11.9 	board-approved expenditure to the erection or acquisition of a
11.10 	replacement building that is in compliance with the Americans
11.11 	with Disabilities Act;
11.12 	(4) an expenditure by an organization which is a
11.13 	contribution to a parent organization, foundation, or affiliate
11.14 	of the contributing organization, if the parent organization,
11.15 	foundation, or affiliate has provided to the contributing
11.16 	organization within one year of the contribution any money,
11.17 	grants, property, or other thing of value;
11.18 	(5) a contribution by a licensed organization to another
11.19 	licensed organization unless the board has specifically
11.20 	authorized the contribution.  The board must authorize such a
11.21 	contribution when requested to do so by the contributing
11.22 	organization unless it makes an affirmative finding that the
11.23 	contribution will not be used by the recipient organization for
11.24 	one or more of the purposes in paragraph (a); or
11.25 	(6) a contribution to a statutory or home rule charter
11.26 	city, county, or town by a licensed organization with the
11.27 	knowledge that the governmental unit intends to use the
11.28 	contribution for a pension or retirement fund.