1.1 	A bill for an act
1.2 	relating to game and fish; modifying purchasing
1.3 	requirements; providing for background checks;
1.4 	modifying certain definitions; providing for special
1.5 	fish management tags; specifying status of and
1.6 	regulating stands and blinds on public lands;
1.7 	modifying authority to take animals causing damage;
1.8 	modifying use of scopes and laser sights by visually
1.9 	impaired hunters; modifying certain license
1.10 	requirements; modifying restrictions on taking
1.11 	waterfowl and big game; authorizing rulemaking;
1.12 	modifying requirements for field training hunting
1.13 	dogs; modifying certain seasons; modifying trapping
1.14 	provisions; modifying period for treeing raccoons;
1.15 	prohibiting computer-assisted remote hunting;
1.16 	modifying restrictions on decoys; modifying
1.17 	disposition of state hatchery products; modifying
1.18 	fishing and commercial fishing provisions; repealing
1.19 	authority for the Mississippi River Fish Refuge;
1.20 	repealing authority to issue certain orders; amending
1.21 	Minnesota Statutes 2004, sections 84.025, subdivision
1.22 	10; 84.027, subdivision 13, by adding a subdivision;
1.23 	84.91, subdivision 1; 84.9256, subdivision 1; 97A.015,
1.24 	subdivisions 29, 49; 97A.045, subdivision 1; 97A.401,
1.25 	subdivision 5; 97A.405, subdivision 4, by adding a
1.26 	subdivision; 97A.435, subdivisions 2, 4; 97A.441,
1.27 	subdivision 7; 97A.451, subdivisions 3, 5; 97A.465, by
1.28 	adding a subdivision; 97A.475, subdivisions 7, 16;
1.29 	97A.485, subdivision 9; 97B.005, subdivisions 1, 3;
1.30 	97B.015, subdivisions 1, 2, 5; 97B.025; 97B.031,
1.31 	subdivisions 1, 5; 97B.111, subdivision 2; 97B.621,
1.32 	subdivision 2; 97B.625, subdivision 2; 97B.631,
1.33 	subdivision 2; 97B.655, subdivision 2; 97B.711,
1.34 	subdivision 1; 97B.725; 97B.803; 97B.805, subdivision
1.35 	1; 97B.811, subdivisions 3, 4a; 97C.203; 97C.327;
1.36 	97C.345, subdivision 2; 97C.395, subdivision 1;
1.37 	97C.401, subdivision 2; 97C.825, subdivision 5;
1.38 	171.07, subdivision 13; 349.12, subdivision 25;
1.39 	proposing coding for new law in Minnesota Statutes,
1.40 	chapter 97B; repealing Minnesota Statutes 2004,
1.41 	sections 88.27; 97B.005, subdivision 4; 97B.935;
1.42 	97C.015; 97C.403; 97C.825, subdivisions 6, 7, 8, 9;
1.43 	Minnesota Rules, parts 6234.2300, subparts 2, 3;
1.44 	6236.1100; 6236.1300.
1.45 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	Section 1. Minnesota Statutes 2004, section 84.025,
2.2 	subdivision 10, is amended to read:
2.3 		Subd. 10.Recreational vehicles and boats used for public
2.4 	purposes.  All snowmobiles and outboard motors that are
2.5 	purchased by the commissioner of natural resources must be of
2.6 	the four-stroke engine model, except that the commissioner may
2.7 	purchase models with two-stroke engines if the commissioner
2.8 	determines that they are as environmentally efficient or that
2.9 	four-stroke engines are not practical for the intended natural
2.10 	resource management purpose. The commissioner shall give
2.11 	preference to engine models manufactured in the United States.
2.12 	All all-terrain vehicles purchased by the commissioner must be
2.13 	manufactured in the state of Minnesota.

2.14 	Sec. 2. Minnesota Statutes 2004, section 84.027,
2.15 	subdivision 13, is amended to read:
2.16 		Subd. 13.Game and fish rules.  (a) The commissioner of
2.17 	natural resources may adopt rules under sections 97A.0451 to
2.18 	97A.0459 and this subdivision that are authorized under:
2.19 	(1) chapters 97A, 97B, and 97C to set open seasons and
2.20 	areas, to close seasons and areas, to select hunters for areas,
2.21 	to provide for tagging and registration of game and fish, to
2.22 	prohibit or allow taking of wild animals to protect a species,
2.23 	to prevent or control wildlife disease, and to prohibit or allow
2.24 	importation, transportation, or possession of a wild animal;
2.25 	(2) sections 84.093, 84.15, and 84.152 to set seasons for
2.26 	harvesting wild ginseng roots and wild rice and to restrict or
2.27 	prohibit harvesting in designated areas; and
2.28 	(3) section 84D.12 to designate prohibited invasive
2.29 	species, regulated invasive species, unregulated nonnative
2.30 	species, and infested waters.
2.31 	(b) If conditions exist that do not allow the commissioner
2.32 	to comply with sections 97A.0451 to 97A.0459, the commissioner
2.33 	may adopt a rule under this subdivision by submitting the rule
2.34 	to the attorney general for review under section 97A.0455,
2.35 	publishing a notice in the State Register and filing the rule
2.36 	with the secretary of state and the Legislative Coordinating
3.1 	Commission, and complying with section 97A.0459, and including a
3.2 	statement of the emergency conditions and a copy of the rule in
3.3 	the notice.  The notice may be published after it is received
3.4 	from the attorney general or five business days after it is
3.5 	submitted to the attorney general, whichever is earlier.
3.6 	(c) Rules adopted under paragraph (b) are effective upon
3.7 	publishing in the State Register and may be effective up to
3.8 	seven days before publishing and filing under paragraph (b), if:
3.9 	(1) the commissioner of natural resources determines that
3.10 	an emergency exists;
3.11 	(2) the attorney general approves the rule; and
3.12 	(3) for a rule that affects more than three counties the
3.13 	commissioner publishes the rule once in a legal newspaper
3.14 	published in Minneapolis, St. Paul, and Duluth, or for a rule
3.15 	that affects three or fewer counties the commissioner publishes
3.16 	the rule once in a legal newspaper in each of the affected
3.17 	counties.
3.18 	(d) Except as provided in paragraph (e), a rule published
3.19 	under paragraph (c), clause (3), may not be effective earlier
3.20 	than seven days after publication.
3.21 	(e) A rule published under paragraph (c), clause (3), may
3.22 	be effective the day the rule is published if the commissioner
3.23 	gives notice and holds a public hearing on the rule within 15
3.24 	days before publication.
3.25 	(f) The commissioner shall attempt to notify persons or
3.26 	groups of persons affected by rules adopted under paragraphs (b)
3.27 	and (c) by public announcements, posting, and other appropriate
3.28 	means as determined by the commissioner.
3.29 	(g) Notwithstanding section 97A.0458, a rule adopted under
3.30 	this subdivision is effective for the period stated in the
3.31 	notice but not longer than 18 months after the rule is adopted.

3.32 	Sec. 3. Minnesota Statutes 2004, section 84.027, is
3.33 	amended by adding a subdivision to read:
3.34 		Subd. 17.Background checks for volunteer
3.35 	instructors. (a) The commissioner may conduct background checks
3.36 	for volunteer instructor applicants for department safety
4.1 	training and education programs, including the programs
4.2 	established under sections 84.791 (youth off-highway motorcycle
4.3 	safety education and training), 84.86 and 84.862 (youth and
4.4 	adult snowmobile safety training), 84.925 (youth all-terrain
4.5 	vehicle safety education and training), 97B.015 (youth firearms
4.6 	safety training), and 97B.025 (hunter and trapper education and
4.7 	training).
4.8 	(b) The commissioner shall perform the background check by
4.9 	retrieving criminal history data maintained in the criminal
4.10 	justice information system (CJIS) and other data sources.
4.11 	(c) The commissioner shall develop a standardized form to
4.12 	be used for requesting a background check, which must include:
4.13 	(1) a notification to the applicant that the commissioner
4.14 	will conduct a background check under this section;
4.15 	(2) a notification to the applicant of the applicant's
4.16 	rights under paragraph (d); and 
4.17 	(3) a signed consent by the applicant to conduct the
4.18 	background check expiring one year from the date of signature.
4.19 	(d) The volunteer instructor applicant who is the subject
4.20 	of a background check has the right to:
4.21 	(1) be informed that the commissioner will request a
4.22 	background check on the applicant;
4.23 	(2) be informed by the commissioner of the results of the
4.24 	background check and obtain a copy of the background check;
4.25 	(3) obtain any record that forms the basis for the
4.26 	background check and report;
4.27 	(4) challenge the accuracy and completeness of the
4.28 	information contained in the report or a record; and 
4.29 	(5) be informed by the commissioner if the applicant is
4.30 	rejected because of the result of the background check.

4.31 	Sec. 4. Minnesota Statutes 2004, section 84.91,
4.32 	subdivision 1, is amended to read:
4.33 		Subdivision 1.Acts prohibited.  (a) No owner or other
4.34 	person having charge or control of any snowmobile or all-terrain
4.35 	vehicle shall authorize or permit any individual the person
4.36 	knows or has reason to believe is under the influence of alcohol
5.1 	or a controlled substance or other substance to operate the
5.2 	snowmobile or all-terrain vehicle anywhere in this state or on
5.3 	the ice of any boundary water of this state.
5.4 	(b) No owner or other person having charge or control of
5.5 	any snowmobile or all-terrain vehicle shall knowingly authorize
5.6 	or permit any person, who by reason of any physical or mental
5.7 	disability is incapable of operating the vehicle, to operate the
5.8 	snowmobile or all-terrain vehicle anywhere in this state or on
5.9 	the ice of any boundary water of this state.
5.10 	(c) A person who operates or is in physical control of a
5.11 	snowmobile or all-terrain vehicle anywhere in this state or on
5.12 	the ice of any boundary water of this state is subject to
5.13 	chapter 169A.  In addition to the applicable sanctions under
5.14 	chapter 169A, a person who is convicted of violating section
5.15 	169A.20 or an ordinance in conformity with it while operating a
5.16 	snowmobile or all-terrain vehicle, or who refuses to comply with
5.17 	a lawful request to submit to testing under sections 169A.50 to
5.18 	169A.53 or an ordinance in conformity with it, shall be
5.19 	prohibited from operating the snowmobile or all-terrain vehicle
5.20 	for a period of one year.  The commissioner shall notify the
5.21 	person of the time period during which the person is prohibited
5.22 	from operating a snowmobile or all-terrain vehicle.
5.23 	(d) Administrative and judicial review of the operating
5.24 	privileges prohibition is governed by section 97B.066,
5.25 	subdivisions 7 to 9, if the person does not have a prior
5.26 	impaired driving conviction or prior license revocation, as
5.27 	defined in section 169A.03.  Otherwise, administrative and
5.28 	judicial review of the prohibition is governed by section
5.29 	169A.53.
5.30 	(e) The court shall promptly forward to the commissioner
5.31 	and the Department of Public Safety copies of all convictions
5.32 	and criminal and civil sanctions imposed under this section and
5.33 	chapter chapters 169 and 169A relating to snowmobiles and
5.34 	all-terrain vehicles.
5.35 	(f) A person who violates paragraph (a) or (b), or an
5.36 	ordinance in conformity with either of them, is guilty of a
6.1 	misdemeanor.  A person who operates a snowmobile or all-terrain
6.2 	vehicle during the time period the person is prohibited from
6.3 	operating a vehicle under paragraph (c) is guilty of a
6.4 	misdemeanor.

6.5 	Sec. 5. Minnesota Statutes 2004, section 84.9256,
6.6 	subdivision 1, is amended to read:
6.7 		Subdivision 1.Prohibitions on youthful operators.  (a)
6.8 	Except for operation on public road rights-of-way that is
6.9 	permitted under section 84.928, a driver's license issued by the
6.10 	state or another state is required to operate an all-terrain
6.11 	vehicle along or on a public road right-of-way.
6.12 	(b) A person under 12 years of age shall not:
6.13 	(1) make a direct crossing of a public road right-of-way;
6.14 	(2) operate an all-terrain vehicle on a public road
6.15 	right-of-way in the state; or
6.16 	(3) operate an all-terrain vehicle on public lands or
6.17 	waters.
6.18 	(c) Except for public road rights-of-way of interstate
6.19 	highways, a person 12 years of age but less than 16 years may
6.20 	make a direct crossing of a public road right-of-way of a trunk,
6.21 	county state-aid, or county highway or operate on public lands
6.22 	and waters, only if that person possesses a valid all-terrain
6.23 	vehicle safety certificate issued by the commissioner and is
6.24 	accompanied on another all-terrain vehicle by a person 18 years
6.25 	of age or older who holds a valid driver's license.
6.26 	(d) All-terrain vehicle safety certificates issued by the
6.27 	commissioner to persons 12 years old, but less than 16 years
6.28 	old, are not valid for machines in excess of 90cc engine
6.29 	capacity unless:
6.30 	(1) the person successfully completed the safety education
6.31 	and training program under section 84.925, subdivision 1,
6.32 	including a riding component; and 
6.33 	(2) the riding component of the training was conducted
6.34 	using an all-terrain vehicle with over 90cc engine capacity; and 
6.35 	(3) the person is able to properly reach and control the
6.36 	handle bars and reach the foot pegs while sitting upright on the
7.1 	seat of the all-terrain vehicle.

7.2 	Sec. 6. Minnesota Statutes 2004, section 97A.015,
7.3 	subdivision 29, is amended to read:
7.4 		Subd. 29.Minnows.  "Minnows" means:  (1) members of the
7.5 	minnow family, Cyprinidae, except carp and goldfish; (2) members
7.6 	of the mudminnow family, Umbridae; (3) members of the sucker
7.7 	family, Catostomidae, not over 12 inches in length; (4)
7.8 	bullheads, ciscoes, lake whitefish, goldeyes, and mooneyes, not
7.9 	over seven inches long; and (5) leeches; and (6) tadpole madtoms
7.10 	(willow cats) and stonecats.
7.11 	
EFFECTIVE DATE. This section is effective the day
7.12 	following final enactment.

7.13 	Sec. 7. Minnesota Statutes 2004, section 97A.015,
7.14 	subdivision 49, is amended to read:
7.15 		Subd. 49.Undressed bird.  "Undressed bird" means:
7.16 	(1) a bird, excluding migratory waterfowl, pheasant,
7.17 	Hungarian partridge, turkey,or grouse, with feet and feathered
7.18 	head intact;
7.19 	(2) a migratory waterfowl, excluding geese, with a fully
7.20 	feathered wing and head attached;
7.21 	(3) a pheasant, Hungarian partridge, turkey,or grouse with
7.22 	one leg and foot or the fully feathered head or wing intact; or
7.23 	(4) a goose with a fully feathered wing attached.

7.24 	Sec. 8. Minnesota Statutes 2004, section 97A.045,
7.25 	subdivision 1, is amended to read:
7.26 		Subdivision 1.Duties; generally.  The commissioner shall
7.27 	do all things the commissioner determines are necessary to
7.28 	preserve, protect, and propagate desirable species of wild
7.29 	animals.  The commissioner shall make special provisions for the
7.30 	management of fish and wildlife to ensure recreational
7.31 	opportunities for anglers and hunters.  The commissioner shall
7.32 	acquire wild animals for breeding or stocking and may dispose of
7.33 	or destroy undesirable or predatory wild animals and their dens,
7.34 	nests, houses, or dams.

7.35 	Sec. 9. Minnesota Statutes 2004, section 97A.401,
7.36 	subdivision 5, is amended to read:
8.1 		Subd. 5.Wild animals damaging property.  Special permits
8.2 	may be issued with or without a fee to take protected wild
8.3 	animals that are damaging property or to remove or destroy their
8.4 	dens, nests, houses, or dams.  A special permit issued under
8.5 	this subdivision to take beaver must state the number to be
8.6 	taken.

8.7 	Sec. 10. Minnesota Statutes 2004, section 97A.405,
8.8 	subdivision 4, is amended to read:
8.9 		Subd. 4.Replacement licenses. (a) The commissioner may
8.10 	permit licensed firearms deer hunters to change zone, license,
8.11 	or season options before the regular firearms deer season
8.12 	begins.  The commissioner may issue a replacement license if the
8.13 	applicant submits the original firearms deer license and unused
8.14 	tags that is are being replaced and the applicant pays any
8.15 	increase in cost between the original and the replacement
8.16 	license. When a person submits both an archery and a firearms
8.17 	license for replacement, the commissioner may apply the value of
8.18 	both licenses towards the replacement license fee.
8.19 	(b) A replacement license may be issued only if the
8.20 	applicant has not used any tag from the original license and
8.21 	meets the conditions of paragraph (c).  The original license and
8.22 	all unused tags for that license must be submitted to the
8.23 	issuing agent at the time the replacement license is issued.
8.24 	(c) A replacement license may be issued under the following
8.25 	conditions, or as otherwise prescribed by rule of the
8.26 	commissioner:
8.27 	(1) when the season for the license being surrendered has
8.28 	not yet opened; or 
8.29 	(2) when the person is upgrading from a regular firearms or
8.30 	archery deer license to a deer license that is valid in multiple
8.31 	zones.
8.32 	(d) Notwithstanding section 97A.411, subdivision 3, a
8.33 	replacement license is valid immediately upon issuance if the
8.34 	license being surrendered is valid at that time.

8.35 	Sec. 11. Minnesota Statutes 2004, section 97A.405, is
8.36 	amended by adding a subdivision to read:
9.1 		Subd. 5.Resident licenses. To obtain a resident
9.2 	license, a resident 21 years of age or older must:
9.3 	(1) possess a current Minnesota driver's license;
9.4 	(2) possess a current identification card issued by the
9.5 	commissioner of public safety; or 
9.6 	(3) present evidence showing proof of residency in cases
9.7 	when clause (1) or (2) would violate the Religious Freedom
9.8 	Restoration Act of 1993, Public Law 103-141.

9.9 	Sec. 12. Minnesota Statutes 2004, section 97A.435,
9.10 	subdivision 2, is amended to read:
9.11 		Subd. 2.Eligibility.  Persons eligible for a turkey
9.12 	license shall be determined by this section and commissioner's
9.13 	rule.  A person is eligible for a turkey license only if the
9.14 	person is at least age 16 before the season opens or ,possesses
9.15 	a firearms safety certificate, or, if under age 12, is
9.16 	accompanied by a parent or guardian.

9.17 	Sec. 13. Minnesota Statutes 2004, section 97A.435,
9.18 	subdivision 4, is amended to read:
9.19 		Subd. 4.Separate selection of eligible licensees.  (a)
9.20 	The commissioner may conduct a separate selection for up to 20
9.21 	percent of the turkey licenses to be issued for any area.  Only
9.22 	persons who are owners or tenants of and who live on at least 40
9.23 	acres of land in the area, and their family members, are
9.24 	eligible applicants for turkey licenses for the separate
9.25 	selection.  The qualifying land may be noncontiguous.  Persons
9.26 	who are unsuccessful in a separate selection must be included in
9.27 	the selection for the remaining licenses.  Persons who obtain a
9.28 	license in a separate selection must allow public turkey hunting
9.29 	on their land during that turkey season.  A license issued under
9.30 	this subdivision is restricted to the land owned or leased by
9.31 	the holder of the license within the permit area where the
9.32 	qualifying land is located.
9.33 	(b) The commissioner may by rule establish criteria for
9.34 	determining eligible family members under this subdivision.

9.35 	Sec. 14. Minnesota Statutes 2004, section 97A.441,
9.36 	subdivision 7, is amended to read:
10.1 		Subd. 7.Owners or tenants of agricultural land.  (a) The
10.2 	commissioner may issue, without a fee, a license to take an
10.3 	antlerless deer to a person who is an owner or tenant and is
10.4 	living and actively farming on at least 80 acres of agricultural
10.5 	land, as defined in section 97B.001, in deer permit areas that
10.6 	have deer archery licenses to take additional deer under section
10.7 	97B.301, subdivision 4.  A person may receive only one license
10.8 	per year under this subdivision.  For properties with co-owners
10.9 	or cotenants, only one co-owner or cotenant may receive a
10.10 	license under this subdivision per year.  The license issued
10.11 	under this subdivision is restricted to the land owned or leased
10.12 	for agricultural purposes or owned by the holder of the license
10.13 	within the permit area where the qualifying land is located.
10.14 	The holder of the license may transfer the license to the
10.15 	holder's spouse or dependent.  Notwithstanding sections 97A.415,
10.16 	subdivision 1, and 97B.301, subdivision 2, the holder of the
10.17 	license may purchase an additional license for taking deer and
10.18 	may take an additional deer under that license.
10.19 	(b) A person who obtains a license under paragraph (a) must
10.20 	allow public deer hunting on their land during that deer hunting
10.21 	season, with the exception of the first Saturday and Sunday
10.22 	during the deer hunting season applicable to the license issued
10.23 	under section 97A.475, subdivision 2, clauses (4) and (13).

10.24 	Sec. 15. Minnesota Statutes 2004, section 97A.451,
10.25 	subdivision 3, is amended to read:
10.26 		Subd. 3.Residents under age 16; small game.  (a) A
10.27 	resident under age 16 may not obtain a small game license but
10.28 	may take small game by firearms or bow and arrow without a
10.29 	license if the resident is:
10.30 	(1) age 14 or 15 and possesses a firearms safety
10.31 	certificate;
10.32 	(2) age 13, possesses a firearms safety certificate, and is
10.33 	accompanied by a parent or guardian; or
10.34 	(3) age 12 or under and is accompanied by a parent or
10.35 	guardian.
10.36 	(b) A resident under age 16 may take small game by trapping
11.1 	without a small game license, but a resident 13 years of age or
11.2 	older must have a trapping license.  A resident under age 13 may
11.3 	trap without a trapping license, but may not register fisher,
11.4 	otter, bobcat, or pine marten unless the resident is at least
11.5 	age five.  Any fisher, otter, bobcat, or pine marten taken by a
11.6 	resident under age five must be included in the limit of the
11.7 	accompanying parent or guardian.
11.8 	(c) A resident under age 12 may apply for a turkey license
11.9 	and may take a turkey without a firearms safety certificate if
11.10 	the resident is accompanied by an adult parent or guardian who
11.11 	has a firearms safety certificate.

11.12 	Sec. 16. Minnesota Statutes 2004, section 97A.451,
11.13 	subdivision 5, is amended to read:
11.14 		Subd. 5.Nonresidents under age 16. (a) A nonresident
11.15 	under the age of 16 may take fish by angling without a license
11.16 	if a parent or guardian has a fishing license.  Fish taken by a
11.17 	nonresident under the age of 16 without a license must be
11.18 	included in the limit of the parent or guardian.
11.19 	(b) A nonresident under age 16 may purchase a nonresident 
11.20 	fishing license at the resident fee or be included under a
11.21 	nonresident family license, take fish by angling, and possess a
11.22 	limit of fish.
11.23 	
EFFECTIVE DATE. This section is effective March 1, 2006.

11.24 	Sec. 17. Minnesota Statutes 2004, section 97A.465, is
11.25 	amended by adding a subdivision to read:
11.26 		Subd. 5.Preference to service members. (a) For purposes
11.27 	of this subdivision:
11.28 	(1) "qualified service member or veteran" means a Minnesota
11.29 	resident who is currently serving, or has served at any time
11.30 	during the past 24 months, in active service as a member of the
11.31 	United States armed forces, including the National Guard or
11.32 	other military reserves; and 
11.33 	(2) "active service" means service defined under section
11.34 	190.05, subdivision 5b or 5c.
11.35 	(b) Notwithstanding any other provision of this chapter,
11.36 	chapter 97B or 97C, or administrative rules, the commissioner
12.1 	may give first preference to qualified service members or
12.2 	veterans in any drawing or lottery involving the selection of
12.3 	applicants for hunting or fishing licenses, permits, and special
12.4 	permits.  This subdivision does not apply to licenses or permits
12.5 	for taking moose, elk, or prairie chickens.  Actions of the
12.6 	commissioner under this subdivision are not rules under the
12.7 	Administrative Procedures Act and section 14.386 does not apply.
12.8 	
EFFECTIVE DATE. This section is effective the day
12.9 	following final enactment.

12.10 	Sec. 18. Minnesota Statutes 2004, section 97A.475,
12.11 	subdivision 7, is amended to read:
12.12 		Subd. 7.Nonresident fishing.  Fees for the following
12.13 	licenses, to be issued to nonresidents, are:
12.14 	(1) to take fish by angling, $34;
12.15 	(2) to take fish by angling limited to seven consecutive
12.16 	days selected by the licensee, $24;
12.17 	(3) to take fish by angling for a 72-hour period selected
12.18 	by the licensee, $20;
12.19 	(4) to take fish by angling for a combined license for a
12.20 	family for one or both parents and dependent children under the
12.21 	age of 16, $46;
12.22 	(5) to take fish by angling for a 24-hour period selected
12.23 	by the licensee, $8.50; and
12.24 	(6) to take fish by angling for a combined license for a
12.25 	married couple, limited to 14 consecutive days selected by one
12.26 	of the licensees, $35.
12.27 	
EFFECTIVE DATE. This section is effective March 1, 2006.

12.28 	Sec. 19. Minnesota Statutes 2004, section 97A.475,
12.29 	subdivision 16, is amended to read:
12.30 		Subd. 16.Resident hunting guides.  The fees fee for the
12.31 	following a resident guide licenses are:
12.32 	(1) license to guide bear hunters,is $82.50; and 
12.33 	(2) to guide turkey hunters, $22.

12.34 	Sec. 20. Minnesota Statutes 2004, section 97A.485,
12.35 	subdivision 9, is amended to read:
12.36 		Subd. 9.Certain licenses not to be issued after season
13.1 	opens. The following licenses A license to guide bear hunters 
13.2 	may not be issued after the day before the opening of the
13.3 	related firearms season:
13.4 	(1) to guide bear hunters; and 
13.5 	(2) to guide turkey hunters.

13.6 	Sec. 21. Minnesota Statutes 2004, section 97B.005,
13.7 	subdivision 1, is amended to read:
13.8 		Subdivision 1.Field training; permit required for
13.9 	certain period.  A person may not train hunting dogs afield on
13.10 	public lands from April 16 to July 14 except by special permit.
13.11 	The commissioner may issue a special permit, without a fee, to
13.12 	train hunting dogs afield on land owned by the trainer or on
13.13 	land that the owner provides written permission.  The written
13.14 	permission must be carried in personal possession of the trainer
13.15 	while training the dogs.

13.16 	Sec. 22. Minnesota Statutes 2004, section 97B.005,
13.17 	subdivision 3, is amended to read:
13.18 		Subd. 3.Permits for organizations and individuals to use
13.19 	game birds and firearms. (a) The commissioner may issue special
13.20 	permits, without a fee, to organizations and individuals to use
13.21 	firearms and live ammunition on domesticated birds or banded
13.22 	game birds from game farms.
13.23 	(b) Permits for holding field trials and may be issued to
13.24 	organizations.  The permit shall specify the dates and locations
13.25 	of the field trial.  The commissioner may limit the number of
13.26 	dates approved for any organization.
13.27 	(c) Permits for training hunting dogs may be issued to an
13.28 	individual.
13.29 	(d) Domesticated birds, other than pigeons, and game farm
13.30 	birds used for trials or training under this section must be
13.31 	clearly marked with dye or a streamer attached to a leg in a
13.32 	manner that makes them visually identifiable prior to being
13.33 	taken.

13.34 	Sec. 23. Minnesota Statutes 2004, section 97B.015,
13.35 	subdivision 1, is amended to read:
13.36 		Subdivision 1.Establishment.  The commissioner shall
14.1 	make rules establishing establish a statewide course in the safe
14.2 	use of firearms and identification of wild mammals and
14.3 	birds. At least one course must be held within the boundary of
14.4 	each school district.A course may be held in a school district.
14.5 	The courses must be conducted by the commissioner in cooperation
14.6 	with other organizations.  The courses must instruct youths in
14.7 	commonly accepted principles of safety in hunting and handling
14.8 	common hunting firearms and identification of various species of
14.9 	wild mammals and birds by sight and other unique characteristics.

14.10 	Sec. 24. Minnesota Statutes 2004, section 97B.015,
14.11 	subdivision 2, is amended to read:
14.12 		Subd. 2.Administration, supervision, and enforcement.
 14.13 	(a) The commissioner shall appoint a qualified person from the
14.14 	Enforcement Division under civil service rules as supervisor of
14.15 	hunting safety and prescribe the duties and responsibilities of
14.16 	the position.  The commissioner shall determine and provide the
14.17 	Enforcement Division with the necessary personnel for this
14.18 	section.
14.19 	(b) The commissioner may appoint one or more county
14.20 	directors of hunting safety in each county.  An appointed county
14.21 	director is responsible to the Enforcement Division.The
14.22 	Enforcement Division may appoint instructors necessary for this
14.23 	section. County directors and Instructors shall serve on a
14.24 	voluntary basis without compensation.  The Enforcement Division
14.25 	must supply the materials necessary for the course.  School
14.26 	districts may cooperate with the commissioner and volunteer
14.27 	instructors to provide space for the classroom portion of the
14.28 	training.

14.29 	Sec. 25. Minnesota Statutes 2004, section 97B.015,
14.30 	subdivision 5, is amended to read:
14.31 		Subd. 5.Firearms safety certificate.  The commissioner
14.32 	shall issue a firearms safety certificate to a person that
14.33 	satisfactorily completes the required course of instruction.  A
14.34 	person must be at least age 11 to take the firearms safety
14.35 	course and may receive a firearms safety certificate, but the
14.36 	certificate is not valid for hunting until the person is at
15.1 	least reaches age 12. A person who is age 11 and has a firearms
15.2 	safety certificate may purchase a deer, bear, turkey, or prairie
15.3 	chicken license that will become valid when the person reaches
15.4 	age 12.A firearms safety certificate issued to a person under
15.5 	age 12 by another state as provided in section 97B.020 is not
15.6 	valid for hunting in Minnesota until the person reaches age 12.
15.7 	The form and content of the firearms safety certificate shall be
15.8 	prescribed by the commissioner.

15.9 	Sec. 26. Minnesota Statutes 2004, section 97B.025, is
15.10 	amended to read:
15.11 	97B.025 HUNTER AND TRAPPER EDUCATION.
15.12 	(a) The commissioner may establish education courses for
15.13 	hunters and trappers.  The commissioner shall collect a fee from
15.14 	each person attending a course.  A fee shall be collected for
15.15 	issuing a duplicate certificate.  The commissioner shall
15.16 	establish the fees in a manner that neither significantly
15.17 	overrecovers nor underrecovers costs, including overhead costs,
15.18 	involved in providing the services.  The fees are not subject to
15.19 	the rulemaking provisions of chapter 14 and section 14.386 does
15.20 	not apply.  The commissioner may establish the fees
15.21 	notwithstanding section 16A.1283.  The fees shall be deposited
15.22 	in the game and fish fund and the amount thereof is appropriated
15.23 	annually to the Enforcement Division of the Department of
15.24 	Natural Resources for the administration of the program.  In
15.25 	addition to the fee established by the commissioner for each
15.26 	course, instructors may charge each person up to the established
15.27 	fee amount for class materials and expenses.  School districts
15.28 	may cooperate with the commissioner and volunteer instructors to
15.29 	provide space for the classroom portion of the training.
15.30 	(b) The commissioner shall enter into an agreement with a
15.31 	statewide nonprofit trappers association to conduct a trapper
15.32 	education program.  At a minimum, the program must include at
15.33 	least six hours of classroom, electronic, or correspondence
15.34 	instruction and in the field training.  The program must include
15.35 	a review of state trapping laws and regulations, trapping
15.36 	ethics, the setting and tending of traps and snares, tagging and
16.1 	registration requirements, and the preparation of pelts. The
16.2 	association shall issue a certificate to persons who complete
16.3 	the program.The association shall be responsible for all costs
16.4 	of conducting the education program, and shall not charge any
16.5 	fee for attending the course.

16.6 	Sec. 27. [97B.026] TRAPPER EDUCATION CERTIFICATE
16.7 	REQUIREMENT.
16.8 	A person born after December 31, 1989, and who has not been
16.9 	issued a trapping license in a previous license year, may not
16.10 	obtain a trapping license unless the person has been issued a
16.11 	trapper education certificate under section 97B.025, paragraph
16.12 	(b).

16.13 	EFFECTIVE DATE. This section is effective March 1, 2007.

16.14 	Sec. 28. Minnesota Statutes 2004, section 97B.031,
16.15 	subdivision 1, is amended to read:
16.16 		Subdivision 1.Firearms and ammunition that may be used
16.17 	to take big game.  (a) A person may take big game with a firearm
16.18 	only if:
16.19 	(1) the rifle, shotgun, and handgun used is a caliber of at
16.20 	least .23 inches;
16.21 	(2) the firearm is loaded only with single projectile
16.22 	ammunition;
16.23 	(3) a projectile used is a caliber of at least .23 inches
16.24 	and has a soft point or is an expanding bullet type;
16.25 	(4) the ammunition has a case length of at least 1.285
16.26 	inches;
16.27 	(5) the muzzle-loader used is incapable of being loaded at
16.28 	the breech;
16.29 	(6) the smooth-bore muzzle-loader used is a caliber of at
16.30 	least .45 inches; and
16.31 	(7) the rifled muzzle-loader used is a caliber of at least
16.32 	.40 inches.
16.33 	(b) A person may not take big game with a .30 caliber M-1
16.34 	carbine cartridge.
16.35 	(c) Notwithstanding paragraph (a), clause (4), a person may
16.36 	take big game with a ten millimeter cartridge that is at least
17.1 	0.95 inches in length, a .45 Winchester Magnum cartridge, or a
17.2 	.50 A. E. (Action Express) handgun cartridge.

17.3 	Sec. 29. Minnesota Statutes 2004, section 97B.031,
17.4 	subdivision 5, is amended to read:
17.5 		Subd. 5.Scopes; visually impaired hunters.  (a)
17.6 	Notwithstanding any other law to the contrary, the commissioner
17.7 	may issue a special permit, without a fee, to use a muzzleloader
17.8 	with a scope to take deer during the muzzleloader season to a
17.9 	person who obtains the required licenses and who has a visual
17.10 	impairment.  The scope may not have magnification capabilities.
17.11 	(b) The visual impairment must be to the extent that the
17.12 	applicant is unable to identify targets and the rifle sights at
17.13 	the same time without a scope.  The visual impairment and
17.14 	specific conditions must be established by medical evidence
17.15 	verified in writing by a licensed physician, ophthalmologist, or
17.16 	optometrist.  The commissioner may request additional
17.17 	information from the physician if needed to verify the
17.18 	applicant's eligibility for the permit. Notwithstanding section
17.19 	97A.418, the commissioner may, in consultation with appropriate
17.20 	advocacy groups, establish reasonable minimum standards for
17.21 	permits to be issued under this subdivision.
17.22 	(c) A permit issued under this subdivision may be valid for
17.23 	up to five years, based on the permanence of the visual
17.24 	impairment as determined by the licensed physician,
17.25 	ophthalmologist, or optometrist.
17.26 	(d) The permit must be in the immediate possession of the
17.27 	permittee when hunting under the special permit.
17.28 	(e) The commissioner may deny, modify, suspend, or revoke a
17.29 	permit issued under this subdivision for cause, including a
17.30 	violation of the game and fish laws or rules.
17.31 	(e) (f) A person who knowingly makes a false application or
17.32 	assists another in making a false application for a permit under
17.33 	this subdivision is guilty of a misdemeanor.  A physician,
17.34 	ophthalmologist, or optometrist who fraudulently certifies to
17.35 	the commissioner that a person is visually impaired as described
17.36 	in this subdivision is guilty of a misdemeanor.

18.1 	Sec. 30. Minnesota Statutes 2004, section 97B.111,
18.2 	subdivision 2, is amended to read:
18.3 		Subd. 2.Permit for organization.  (a) The commissioner
18.4 	may issue a special permit without a fee to a nonprofit
18.5 	organization to provide an assisted hunting opportunity to
18.6 	physically disabled hunters.  The assisted hunting opportunity
18.7 	may take place:
18.8 	(1) in areas designated by the commissioner under
18.9 	subdivision 1; or
18.10 	(2) on private property or a licensed shooting preserve.
18.11 	(b) The sponsoring organization shall provide a physically
18.12 	capable person to assist each disabled hunter with
18.13 	safety-related aspects of hunting and, notwithstanding section
18.14 	97B.081, a person with a physical disability who is totally
18.15 	blind may use laser sights.
18.16 	(c) The commissioner may impose reasonable permit
18.17 	conditions.

18.18 	Sec. 31. [97B.115] COMPUTER-ASSISTED REMOTE HUNTING
18.19 	PROHIBITION.
18.20 	(a) No person shall operate, provide, sell, use or offer to
18.21 	operate, provide, sell or use any computer software or service
18.22 	that allows a person, not physically present at the site, to
18.23 	remotely control a weapon that could be used to take any wild
18.24 	animal by remote operation, including, but not limited to,
18.25 	weapons or devices set up to fire through the use of the
18.26 	Internet or through a remote control device.
18.27 	(b) A person who violates this section is guilty of a
18.28 	misdemeanor.

18.29 	EFFECTIVE DATE. This section is effective the day
18.30 	following final enactment.

18.31 	Sec. 32. [97B.326] STANDS AND BLINDS ON PUBLIC LANDS.
18.32 	Any unoccupied permanent stand or blind on public land is
18.33 	public and not the property of the person who constructed it.

18.34 	EFFECTIVE DATE. This section is effective August 1, 2006.

18.35 	Sec. 33. Minnesota Statutes 2004, section 97B.621,
18.36 	subdivision 2, is amended to read:
19.1 		Subd. 2.Period for treeing raccoons.  Notwithstanding
19.2 	subdivision 1 and section 97B.005, subdivision 1, a person may
19.3 	use dogs to pursue and tree raccoons without killing or
19.4 	capturing the raccoons:
19.5 	(1) from January 1 to April 15 and from July 15 to October
19.6 	14; and 
19.7 	(2) from April 16 to July 14 in raccoon dog field trials
19.8 	under special permit issued by the commissioner under section
19.9 	97B.005, subdivision 1 during the closed season and a license is
19.10 	not required.

19.11 	Sec. 34. Minnesota Statutes 2004, section 97B.625,
19.12 	subdivision 2, is amended to read:
19.13 		Subd. 2.permit required to use of a snare.  A person may
19.14 	not use a snare to take lynx or bobcat except under a permit
19.15 	from , as prescribed by the commissioner, without a permit.

19.16 	Sec. 35. Minnesota Statutes 2004, section 97B.631,
19.17 	subdivision 2, is amended to read:
19.18 		Subd. 2.permit required to use of a snare.  A person may
19.19 	not use a snare to take fox except under a permit from , as
19.20 	prescribed by the commissioner, without a permit.

19.21 	Sec. 36. Minnesota Statutes 2004, section 97B.655,
19.22 	subdivision 2, is amended to read:
19.23 		Subd. 2.Special permit for taking protected wild
19.24 	animals.  The commissioner may issue special permits under
19.25 	section 97A.401, subdivision 5, to take protected wild animals
19.26 	that are damaging property or to remove or destroy their dens,
19.27 	nests, houses, or dams.

19.28 	Sec. 37. Minnesota Statutes 2004, section 97B.711,
19.29 	subdivision 1, is amended to read:
19.30 		Subdivision 1.Seasons for certain upland game birds.
 19.31 	(a) The commissioner may, by rule, prescribe an open season in
19.32 	designated areas between September 16 and December 31 January 3 
19.33 	for:
19.34 	(1) pheasant;
19.35 	(2) ruffed grouse;
19.36 	(3) sharp tailed grouse;
20.1 	(4) Canada spruce grouse;
20.2 	(5) prairie chicken;
20.3 	(6) gray partridge;
20.4 	(7) bob-white quail; and
20.5 	(8) turkey.
20.6 	(b) The commissioner may by rule prescribe an open season
20.7 	for turkey in the spring.

20.8 	Sec. 38. Minnesota Statutes 2004, section 97B.725, is
20.9 	amended to read:
20.10 	97B.725  LICENSE REQUIRED TO GUIDE GUIDING HUNTERS.
20.11 	A person may not guide turkey hunters for compensation
20.12 	without a turkey hunter guide license. The license must be
20.13 	obtained before the day of the opening of the turkey season.
20.14 	The commissioner shall prescribe qualifications for the issuance
20.15 	of turkey hunter guide licenses.

20.16 	Sec. 39. Minnesota Statutes 2004, section 97B.803, is
20.17 	amended to read:
20.18 	97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
20.19 	(a) The commissioner shall prescribe seasons, limits, and
20.20 	areas for taking migratory waterfowl in accordance with federal
20.21 	law.
20.22 	(b) The regular duck season may not open before the
20.23 	Saturday closest to October 1.

20.24 	Sec. 40. Minnesota Statutes 2004, section 97B.805,
20.25 	subdivision 1, is amended to read:
20.26 		Subdivision 1.Hunter must be concealed.  (a) A person
20.27 	may not take migratory waterfowl, coots, or rails in open water
20.28 	unless the person is:
20.29 	(1) within a natural growth of vegetation sufficient to
20.30 	partially conceal the person or boat; or 
20.31 	(2) on a river or stream that is not more than 100 yards in
20.32 	width; or 
20.33 	(3) pursuing or shooting wounded birds.
20.34 	(b) A person may not take migratory waterfowl, coots, or
20.35 	rails in public waters from a permanent artificial blind or sink
20.36 	box.

21.1 	Sec. 41. Minnesota Statutes 2004, section 97B.811,
21.2 	subdivision 3, is amended to read:
21.3 		Subd. 3.Restrictions on leaving decoys
21.4 	overnight unattended.  During the open season for waterfowl, a
21.5 	person may not leave decoys in public waters between sunset and
21.6 	one hour before lawful shooting hours or leave decoys unattended
21.7 	during other times for more than four consecutive hours unless:
21.8 	(1) the decoys are in waters adjacent to private land under
21.9 	the control of the hunter; and
21.10 	(2) there is not natural vegetation growing in water
21.11 	sufficient to partially conceal a hunter.

21.12 	Sec. 42. Minnesota Statutes 2004, section 97B.811,
21.13 	subdivision 4a, is amended to read:
21.14 		Subd. 4a.Restrictions on certain motorized decoys.  From
21.15 	the opening day of the duck season through the Saturday nearest
21.16 	October 8, a person may not use a motorized decoy on public
21.17 	waters with visible, moving parts that are above the water
21.18 	surface to take migratory , or other motorized device designed to
21.19 	attract migratory waterfowl, other than geese. During the
21.20 	remainder of the duck season, the commissioner may, by rule,
21.21 	designate all or any portion of a wetland or lake closed to the
21.22 	use of motorized decoys or motorized devices designed to attract
21.23 	migratory waterfowl.  On water bodies and lands fully contained
21.24 	within wildlife management area boundaries, a person may not use
21.25 	motorized decoys or motorized devices designed to attract
21.26 	migratory waterfowl at any time during the duck season.

21.27 	Sec. 43. Minnesota Statutes 2004, section 97C.203, is
21.28 	amended to read:
21.29 	97C.203 DISPOSAL OF STATE HATCHERY EGGS OR FRY PRODUCTS.
21.30 	The commissioner shall dispose of game fish eggs and fry 
21.31 	fish hatchery products according to the following order of
21.32 	priorities:
21.33 	(1) distribution of fish eggs and fry to state hatcheries
21.34 	to hatch fry or raise fingerlings for stocking waters of the
21.35 	state for recreational fishing;
21.36 	(2) transfer to other government agencies in exchange for
22.1 	fish or wildlife resources of equal value or private fish
22.2 	hatcheries in exchange for fish to be stocked in waters of the
22.3 	state for recreational fishing;
22.4 	(3) sale of fish eggs and fry to private fish hatcheries or
22.5 	licensed aquatic farms at a price not less than the fair
22.6 	wholesale market value, established as the average price charged
22.7 	at the state's private hatcheries and contiguous states per
22.8 	volume rates; and 
22.9 	(4) transfer to other government agencies, colleges, or
22.10 	universities for cooperative fish management and research
22.11 	purposes; and 
22.12 	(5) sale of not more than $25 fair market value to any
22.13 	school, museum, or commercial enterprise for curriculum
22.14 	implementation, educational programs, public exhibition, or
22.15 	cooperative displays.

22.16 	EFFECTIVE DATE. This section is effective the day
22.17 	following final enactment.

22.18 	Sec. 44. Minnesota Statutes 2004, section 97C.327, is
22.19 	amended to read:
22.20 	97C.327 MEASUREMENT OF FISH LENGTH.
22.21 	For the purpose of determining compliance with size limits
22.22 	for fish in this chapter or in rules of the commissioner, the
22.23 	length of a fish must be measured from the tip of the nose or
22.24 	jaw, whichever is longer,to the farthest tip of the tail when
22.25 	fully extended.

22.26 	Sec. 45. Minnesota Statutes 2004, section 97C.345,
22.27 	subdivision 2, is amended to read:
22.28 		Subd. 2.Possession.  (a) Except as specifically
22.29 	authorized, a person may not possess a spear, fish trap, net,
22.30 	dip net, seine, or other device capable of taking fish on or
22.31 	near any waters.  Possession includes personal possession and in
22.32 	a vehicle.
22.33 	(b) A person may possess spears, dip nets, bows and arrows,
22.34 	and spear guns allowed under section 97C.381 on or near waters
22.35 	between sunrise and sunset from May 1 to the third last Sunday
22.36 	in February, or as otherwise prescribed by the commissioner.

23.1 	Sec. 46. Minnesota Statutes 2004, section 97C.395,
23.2 	subdivision 1, is amended to read:
23.3 		Subdivision 1.Dates for certain species.  (a) The open
23.4 	seasons to take fish by angling are as follows:
23.5 	(1) for walleye, sauger, northern pike, muskellunge,
23.6 	largemouth bass, and smallmouth bass, the Saturday two weeks
23.7 	prior to the Saturday of Memorial Day weekend to the third last 
23.8 	Sunday in February;
23.9 	(2) for lake trout, from January 1 to October 31;
23.10 	(3) for brown trout, brook trout, rainbow trout, and
23.11 	splake, between January 1 to October 31 as prescribed by the
23.12 	commissioner by rule except as provided in section 97C.415,
23.13 	subdivision 2; and
23.14 	(4) for salmon, as prescribed by the commissioner by rule.
23.15 	(b) The commissioner shall close the season in areas of the
23.16 	state where fish are spawning and closing the season will
23.17 	protect the resource.

23.18 	Sec. 47. Minnesota Statutes 2004, section 97C.401,
23.19 	subdivision 2, is amended to read:
23.20 		Subd. 2.Walleye; northern pike.  (a) Except as provided
23.21 	in paragraphs paragraph (b) and (c), a person may take no more
23.22 	than one walleye larger than 24 20 inches and one northern pike
23.23 	larger than 30 inches daily.
23.24 	(b) The restrictions in paragraph (a) do not apply to
23.25 	boundary waters.
23.26 	(c) On Lake of the Woods, a person may take no more than
23.27 	one walleye larger than 19.5 inches and one northern pike larger
23.28 	than 36 inches daily.
23.29 	
EFFECTIVE DATE. This section is effective March 1, 2006.

23.30 	Sec. 48. Minnesota Statutes 2004, section 97C.825,
23.31 	subdivision 5, is amended to read:
23.32 		Subd. 5.Net limits for lake of the woods and rainy
23.33 	lake. (a) The maximum amount of nets permitted to be licensed
23.34 	shall be:
23.35 	(a) (1) in Lake of the Woods, 50-pound nets, 80,000 feet of
23.36 	gill nets or 160 submerged trap nets, and 80 fyke or staked trap
24.1 	nets.  Licenses for submerged trap nets may be issued instead of
24.2 	licenses for gill nets in the ratio of not more than one
24.3 	submerged trap net per 500 feet of gill net, and the maximum
24.4 	permissible amount of gill nets shall be reduced by 500 feet for
24.5 	each submerged trap net licensed.; and 
24.6 	(b) (2) in Rainy Lake, 20-pound nets and 20,000 feet of
24.7 	gill nets.
24.8 	(c) When a licensee has had a license revoked or
24.9 	surrendered, the commissioner shall not be required to issue
24.10 	licenses for the amount of netting previously authorized under
24.11 	the revoked or surrendered license.
24.12 	(d) (b) Commercial fishing may be prohibited in the
24.13 	Minnesota portions of international waters when it is prohibited
24.14 	in the international waters by Canadian authorities.
24.15 	(e) The commissioner may adopt rules to limit the total
24.16 	amount of game fish taken by commercial fishing operators in
24.17 	Lake of the Woods in any one season and shall apportion the
24.18 	amount to each licensee in accordance with the number and length
24.19 	of nets licensed.

24.20 	Sec. 49. Minnesota Statutes 2004, section 171.07,
24.21 	subdivision 13, is amended to read:
24.22 		Subd. 13.Firearms safety designation.  (a) When an
24.23 	applicant has a record transmitted to the department as
24.24 	described in paragraph (c) or presents:
24.25 	(1) a firearms safety certificate issued for successfully
24.26 	completing a firearms safety course administered under section
24.27 	97B.015; or 
24.28 	(2) an advanced hunter certificate issued for successfully
24.29 	completing an advanced hunter education course administered
24.30 	under section 97B.025,
24.31 	and requests a driver's license or identification card described
24.32 	in paragraph (b), the department shall issue, renew, or reissue
24.33 	to the applicant a driver's license or Minnesota identification
24.34 	card described in paragraph (b).
24.35 	(b) Pursuant to paragraph (a), the department shall issue a
24.36 	driver's license or Minnesota identification card bearing a
25.1 	graphic or written indication that the applicant has
25.2 	successfully completed a firearms safety course administered
25.3 	under section 97B.015, an advanced hunter education course
25.4 	administered under section 97B.025, or both of the described
25.5 	courses.
25.6 	(c) The department shall maintain in its records
25.7 	information transmitted electronically from the commissioner of
25.8 	natural resources identifying each person to whom the
25.9 	commissioner has issued a firearms safety certificate or an
25.10 	advanced hunter education certificate.  The records transmitted
25.11 	from the Department of Natural Resources must contain the full
25.12 	name and date of birth as required for the driver's license or
25.13 	identification card.  Records that are not matched to a driver's
25.14 	license or identification card record may be deleted after seven
25.15 	years.

25.16 	Sec. 50. Minnesota Statutes 2004, section 349.12,
25.17 	subdivision 25, is amended to read:
25.18 		Subd. 25.Lawful purpose.  (a) "Lawful purpose" means one
25.19 	or more of the following:
25.20 	(1) any expenditure by or contribution to a 501(c)(3) or
25.21 	festival organization, as defined in subdivision 15a, provided
25.22 	that the organization and expenditure or contribution are in
25.23 	conformity with standards prescribed by the board under section
25.24 	349.154, which standards must apply to both types of
25.25 	organizations in the same manner and to the same extent;
25.26 	(2) a contribution to an individual or family suffering
25.27 	from poverty, homelessness, or physical or mental disability,
25.28 	which is used to relieve the effects of that poverty,
25.29 	homelessness, or disability;
25.30 	(3) a contribution to an individual for treatment for
25.31 	delayed posttraumatic stress syndrome or a contribution to a
25.32 	program recognized by the Minnesota Department of Human Services
25.33 	for the education, prevention, or treatment of compulsive
25.34 	gambling;
25.35 	(4) a contribution to or expenditure on a public or private
25.36 	nonprofit educational institution registered with or accredited
26.1 	by this state or any other state;
26.2 	(5) a contribution to a scholarship fund for defraying the
26.3 	cost of education to individuals where the funds are awarded
26.4 	through an open and fair selection process;
26.5 	(6) activities by an organization or a government entity
26.6 	which recognize humanitarian or military service to the United
26.7 	States, the state of Minnesota, or a community, subject to rules
26.8 	of the board, provided that the rules must not include mileage
26.9 	reimbursements in the computation of the per diem reimbursement
26.10 	limit and must impose no aggregate annual limit on the amount of
26.11 	reasonable and necessary expenditures made to support:
26.12 	(i) members of a military marching or color guard unit for
26.13 	activities conducted within the state;
26.14 	(ii) members of an organization solely for services
26.15 	performed by the members at funeral services; or
26.16 	(iii) members of military marching, color guard, or honor
26.17 	guard units may be reimbursed for participating in color guard,
26.18 	honor guard, or marching unit events within the state or states
26.19 	contiguous to Minnesota at a per participant rate of up to $35
26.20 	per diem;
26.21 	(7) recreational, community, and athletic facilities and
26.22 	activities intended primarily for persons under age 21, provided
26.23 	that such facilities and activities do not discriminate on the
26.24 	basis of gender and the organization complies with section
26.25 	349.154;
26.26 	(8) payment of local taxes authorized under this chapter,
26.27 	taxes imposed by the United States on receipts from lawful
26.28 	gambling, the taxes imposed by section 297E.02, subdivisions 1,
26.29 	4, 5, and 6, and the tax imposed on unrelated business income by
26.30 	section 290.05, subdivision 3;
26.31 	(9) payment of real estate taxes and assessments on
26.32 	permitted gambling premises wholly owned by the licensed
26.33 	organization paying the taxes, or wholly leased by a licensed
26.34 	veterans organization under a national charter recognized under
26.35 	section 501(c)(19) of the Internal Revenue Code, not to exceed:
26.36 	(i) for premises used for bingo, the amount that an
27.1 	organization may expend under board rules on rent for bingo; and
27.2 	(ii) $35,000 per year for premises used for other forms of
27.3 	lawful gambling;
27.4 	(10) a contribution to the United States, this state or any
27.5 	of its political subdivisions, or any agency or instrumentality
27.6 	thereof other than a direct contribution to a law enforcement or
27.7 	prosecutorial agency;
27.8 	(11) a contribution to or expenditure by a nonprofit
27.9 	organization which is a church or body of communicants gathered
27.10 	in common membership for mutual support and edification in
27.11 	piety, worship, or religious observances;
27.12 	(12) payment of the reasonable costs of an audit required
27.13 	in section 297E.06, subdivision 4, provided the annual audit is
27.14 	filed in a timely manner with the Department of Revenue;
27.15 	(13) a contribution to or expenditure on a wildlife
27.16 	management project that benefits the public at-large, provided
27.17 	that the state agency with authority over that wildlife
27.18 	management project approves the project before the contribution
27.19 	or expenditure is made;
27.20 	(14) expenditures, approved by the commissioner of natural
27.21 	resources, by an organization for grooming and maintaining
27.22 	snowmobile trails and all-terrain vehicle trails that are (1)
27.23 	grant-in-aid trails established under section 85.019, or (2)
27.24 	other trails open to public use, including purchase or lease of
27.25 	equipment for this purpose;projects or activities approved by
27.26 	the commissioner of natural resources for:
27.27 	(i) wildlife management projects that benefit the public at
27.28 	large;
27.29 	(ii) grant-in-aid trail maintenance and grooming
27.30 	established under sections 84.83 and 84.927, and other trails
27.31 	open to public use, including purchase or lease of equipment for
27.32 	this purpose; or 
27.33 	(iii) supplies and materials for safety training and
27.34 	educational programs coordinated by the Department of Natural
27.35 	Resources, including the Enforcement Division;
27.36 	(15) (14) conducting nutritional programs, food shelves,
28.1 	and congregate dining programs primarily for persons who are age
28.2 	62 or older or disabled;
28.3 	(16) (15) a contribution to a community arts organization,
28.4 	or an expenditure to sponsor arts programs in the community,
28.5 	including but not limited to visual, literary, performing, or
28.6 	musical arts;
28.7 	(17) (16) an expenditure by a licensed veterans
28.8 	organization for payment of water, fuel for heating,
28.9 	electricity, and sewer costs for a building wholly owned or
28.10 	wholly leased by and used as the primary headquarters of the
28.11 	licensed veterans organization;
28.12 	(18) (17) expenditure by a licensed veterans organization
28.13 	of up to $5,000 in a calendar year in net costs to the
28.14 	organization for meals and other membership events, limited to
28.15 	members and spouses, held in recognition of military service.
28.16 	No more than $5,000 can be expended in total per calendar year
28.17 	under this clause by all licensed veterans organizations sharing
28.18 	the same veterans post home; or
28.19 	(19) (18) payment of fees authorized under this chapter
28.20 	imposed by the state of Minnesota to conduct lawful gambling in
28.21 	Minnesota.
28.22 	(b) Notwithstanding paragraph (a), "lawful purpose" does
28.23 	not include:
28.24 	(1) any expenditure made or incurred for the purpose of
28.25 	influencing the nomination or election of a candidate for public
28.26 	office or for the purpose of promoting or defeating a ballot
28.27 	question;
28.28 	(2) any activity intended to influence an election or a
28.29 	governmental decision-making process;
28.30 	(3) the erection, acquisition, improvement, expansion,
28.31 	repair, or maintenance of real property or capital assets owned
28.32 	or leased by an organization, unless the board has first
28.33 	specifically authorized the expenditures after finding that (i)
28.34 	the real property or capital assets will be used exclusively for
28.35 	one or more of the purposes in paragraph (a); (ii) with respect
28.36 	to expenditures for repair or maintenance only, that the
29.1 	property is or will be used extensively as a meeting place or
29.2 	event location by other nonprofit organizations or community or
29.3 	service groups and that no rental fee is charged for the use;
29.4 	(iii) with respect to expenditures, including a mortgage payment
29.5 	or other debt service payment, for erection or acquisition only,
29.6 	that the erection or acquisition is necessary to replace with a
29.7 	comparable building, a building owned by the organization and
29.8 	destroyed or made uninhabitable by fire or natural disaster,
29.9 	provided that the expenditure may be only for that part of the
29.10 	replacement cost not reimbursed by insurance; (iv) with respect
29.11 	to expenditures, including a mortgage payment or other debt
29.12 	service payment, for erection or acquisition only, that the
29.13 	erection or acquisition is necessary to replace with a
29.14 	comparable building a building owned by the organization that
29.15 	was acquired from the organization by eminent domain or sold by
29.16 	the organization to a purchaser that the organization reasonably
29.17 	believed would otherwise have acquired the building by eminent
29.18 	domain, provided that the expenditure may be only for that part
29.19 	of the replacement cost that exceeds the compensation received
29.20 	by the organization for the building being replaced; or (v) with
29.21 	respect to an expenditure to bring an existing building into
29.22 	compliance with the Americans with Disabilities Act under item
29.23 	(ii), an organization has the option to apply the amount of the
29.24 	board-approved expenditure to the erection or acquisition of a
29.25 	replacement building that is in compliance with the Americans
29.26 	with Disabilities Act;
29.27 	(4) an expenditure by an organization which is a
29.28 	contribution to a parent organization, foundation, or affiliate
29.29 	of the contributing organization, if the parent organization,
29.30 	foundation, or affiliate has provided to the contributing
29.31 	organization within one year of the contribution any money,
29.32 	grants, property, or other thing of value;
29.33 	(5) a contribution by a licensed organization to another
29.34 	licensed organization unless the board has specifically
29.35 	authorized the contribution.  The board must authorize such a
29.36 	contribution when requested to do so by the contributing
30.1 	organization unless it makes an affirmative finding that the
30.2 	contribution will not be used by the recipient organization for
30.3 	one or more of the purposes in paragraph (a); or
30.4 	(6) a contribution to a statutory or home rule charter
30.5 	city, county, or town by a licensed organization with the
30.6 	knowledge that the governmental unit intends to use the
30.7 	contribution for a pension or retirement fund.

30.8 	Sec. 51. CONFORMING CHANGES; RULES.
 30.9 	The commissioner may use the good cause exemption under
30.10 	Minnesota Statutes, section 14.388, subdivision 1, clause (3),
30.11 	to amend rules to conform to sections 44 and 46.  Minnesota
30.12 	Statutes, section 14.386, does not apply to the rulemaking under
30.13 	this section except to the extent provided under Minnesota
30.14 	Statutes, section 14.388.

30.15 	Sec. 52. REPEALER.
 30.16 	(a) Minnesota Statutes 2004, sections 88.27; 97B.005,
30.17 	subdivision 4; 97B.935; 97C.015; 97C.403; and 97C.825,
30.18 	subdivisions 6, 7, 8, and 9, are repealed.
30.19 	(b) Minnesota Rules, parts 6234.2300, subparts 2 and 3;
30.20 	6236.1100; and 6236.1300, are repealed.