HF 823

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying 
  1.3             commissioner's authority relating to employees, gifts, 
  1.4             and grants; modifying provisions of the state parks 
  1.5             working capital fund; modifying application provisions 
  1.6             for certain licenses; providing for reciprocity of 
  1.7             certain safety courses; modifying certain county 
  1.8             reimbursement provisions; modifying identification 
  1.9             provisions for fish and dark houses; eliminating 
  1.10            requirement to publish pamphlet form of laws; amending 
  1.11            Minnesota Statutes 2002, sections 84.01, subdivision 
  1.12            3; 84.026; 84.085, subdivision 1; 84.82, subdivision 
  1.13            2; 84.862, by adding a subdivision; 85.22, by adding a 
  1.14            subdivision; 86B.401, subdivision 1; 97A.065, 
  1.15            subdivision 2; 97C.355, subdivisions 1, 2; repealing 
  1.16            Minnesota Statutes 2002, section 97A.051, subdivision 
  1.17            1; Minnesota Rules, part 6262.0100, subpart 2. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 2002, section 84.01, 
  1.20  subdivision 3, is amended to read: 
  1.21     Subd. 3.  [EMPLOYEES; DELEGATION.] Subject to the 
  1.22  provisions of Laws 1969, chapter 1129, and to other applicable 
  1.23  laws the commissioner shall organize the department and 
  1.24  employ up to three assistant commissioners, each of whom shall 
  1.25  serve at the pleasure of the commissioner in the unclassified 
  1.26  service, one of whom shall have responsibility for coordinating 
  1.27  and directing the planning of every division within the agency, 
  1.28  and such other officers, employees, and agents as the 
  1.29  commissioner may deem necessary to discharge the functions of 
  1.30  the department, define the duties of such officers, employees, 
  1.31  and agents and to delegate to them any of the commissioner's 
  2.1   powers, duties, and responsibilities subject to the control of, 
  2.2   and under the conditions prescribed by, the commissioner.  
  2.3   Appointments to exercise delegated power shall be by written 
  2.4   order filed with the secretary of state. 
  2.5      Sec. 2.  Minnesota Statutes 2002, section 84.026, is 
  2.6   amended to read: 
  2.7      84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 
  2.8   RESOURCES SERVICES.] 
  2.9      The commissioner of natural resources is authorized to 
  2.10  enter into contractual or grant agreements with any public or 
  2.11  private entity for the provision of statutorily prescribed 
  2.12  natural resources services by or for the department.  The 
  2.13  contracts or grants shall specify the services to be provided 
  2.14  and the amount and method of reimbursement.  Funds generated in 
  2.15  a contractual agreement made pursuant to this section shall be 
  2.16  deposited in the special revenue fund and are appropriated to 
  2.17  the department for purposes of providing the services specified 
  2.18  in the contracts.  All such contractual and grant agreements 
  2.19  shall be processed in accordance with the provisions of section 
  2.20  16C.05.  The commissioner shall report revenues collected and 
  2.21  expenditures made under this section to the chairs of the 
  2.22  committees on appropriations in the house and finance in the 
  2.23  senate by January 1 of each odd-numbered year. 
  2.24     Sec. 3.  Minnesota Statutes 2002, section 84.085, 
  2.25  subdivision 1, is amended to read: 
  2.26     Subdivision 1.  [AUTHORITY.] (a) The commissioner of 
  2.27  natural resources may accept for and on behalf of the state any 
  2.28  gift, bequest, devise, or grants of lands or interest in lands 
  2.29  or personal property of any kind or of money tendered to the 
  2.30  state for any purpose pertaining to the activities of the 
  2.31  department or any of its divisions.  Any money so received is 
  2.32  hereby appropriated and dedicated for the purpose for which it 
  2.33  is granted.  Lands and interests in lands so received may be 
  2.34  sold or exchanged as provided in chapter 94.  
  2.35     (b) The commissioner of natural resources, on behalf of the 
  2.36  state, may accept and use grants of money or property from the 
  3.1   United States or other grantors for conservation purposes not 
  3.2   inconsistent with the laws of this state.  Any money or property 
  3.3   so received is hereby appropriated and dedicated for the 
  3.4   purposes for which it is granted, and shall be expended or used 
  3.5   solely for such purposes in accordance with the federal laws and 
  3.6   regulations pertaining thereto, subject to applicable state laws 
  3.7   and rules as to manner of expenditure or use providing that the 
  3.8   commissioner may make subgrants of any money received to other 
  3.9   agencies, units of local government, private individuals, 
  3.10  organizations, and private nonprofit corporations.  Appropriate 
  3.11  funds and accounts shall be maintained by the commissioner of 
  3.12  finance to secure compliance with this section. 
  3.13     (c) The commissioner may accept for and on behalf of the 
  3.14  permanent school fund a donation of lands, interest in lands, or 
  3.15  improvements on lands.  A donation so received shall become 
  3.16  state property, be classified as school trust land as defined in 
  3.17  section 92.025, and be managed consistent with section 127A.31. 
  3.18     Sec. 4.  Minnesota Statutes 2002, section 84.82, 
  3.19  subdivision 2, is amended to read: 
  3.20     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
  3.21  (a) Application for registration or reregistration shall be made 
  3.22  to the commissioner of natural resources, or the commissioner of 
  3.23  public safety or an authorized deputy registrar of motor 
  3.24  vehicles in such form as a format prescribed by the commissioner 
  3.25  of public safety shall prescribe, and shall state the legal name 
  3.26  and address of every owner of the snowmobile.  
  3.27     (b) A person who purchases a snowmobile from a retail 
  3.28  dealer shall make application for registration to the dealer at 
  3.29  the point of sale.  The dealer shall issue a temporary 
  3.30  registration permit to each purchaser who applies to the dealer 
  3.31  for registration.  The temporary registration is valid for 60 
  3.32  days from the date of issue.  Each retail dealer shall submit 
  3.33  completed registration and fees to the deputy registrar at least 
  3.34  once a week.  Upon receipt of the application and the 
  3.35  appropriate fee as hereinafter provided, such snowmobile shall 
  3.36  be registered and a registration number assigned which shall be 
  4.1   affixed to the snowmobile in a clearly visible and permanent 
  4.2   manner for enforcement purposes as the commissioner of natural 
  4.3   resources shall prescribe.  The registration is not valid unless 
  4.4   signed by at least one owner. 
  4.5      (c) Each deputy registrar of motor vehicles acting pursuant 
  4.6   to section 168.33, shall also be a deputy registrar of 
  4.7   snowmobiles.  The commissioner of natural resources in agreement 
  4.8   with the commissioner of public safety may prescribe the 
  4.9   accounting and procedural requirements necessary to assure 
  4.10  efficient handling of registrations and registration fees.  
  4.11  Deputy registrars shall strictly comply with these accounting 
  4.12  and procedural requirements.  
  4.13     (d) A fee of $2 in addition to that otherwise prescribed by 
  4.14  law shall be charged for: 
  4.15     (1) each snowmobile registered by the registrar or a deputy 
  4.16  registrar and the additional fee shall be disposed of in the 
  4.17  manner provided in section 168.33, subdivision 2; or 
  4.18     (2) each snowmobile registered by the commissioner and the 
  4.19  additional fee shall be deposited in the state treasury and 
  4.20  credited to the snowmobile trails and enforcement account in the 
  4.21  natural resources fund.  
  4.22     Sec. 5.  Minnesota Statutes 2002, section 84.862, is 
  4.23  amended by adding a subdivision to read: 
  4.24     Subd. 2a.  [CERTIFICATES ISSUED IN OTHER STATES.] If a 
  4.25  person completes a safety course in another state that is 
  4.26  recognized by the commissioner under a reciprocity agreement, 
  4.27  evidence that the person has completed such a course is 
  4.28  acceptable in lieu of a certificate under this section. 
  4.29     Sec. 6.  Minnesota Statutes 2002, section 85.22, is amended 
  4.30  by adding a subdivision to read: 
  4.31     Subd. 5.  [EXEMPTION.] Purchases made from the state parks 
  4.32  working capital fund are exempt from competitive bidding, 
  4.33  notwithstanding chapter 16C. 
  4.34     Sec. 7.  Minnesota Statutes 2002, section 86B.401, 
  4.35  subdivision 1, is amended to read: 
  4.36     Subdivision 1.  [APPLICATION.] (a) A person may apply to 
  5.1   the commissioner of natural resources, the commissioner of 
  5.2   public safety, or an authorized deputy registrar of motor 
  5.3   vehicles to license a watercraft in a form as format prescribed 
  5.4   by the commissioner of public safety.  
  5.5      (b) The application must state the names and addresses of 
  5.6   all owners of the watercraft. 
  5.7      Sec. 8.  Minnesota Statutes 2002, section 97A.065, 
  5.8   subdivision 2, is amended to read: 
  5.9      Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
  5.10  forfeited bail collected from prosecutions of violations of:  
  5.11  the game and fish laws or rules adopted thereunder; sections 
  5.12  84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 
  5.13  84.91 or rules adopted thereunder; section 169A.20, when the 
  5.14  violation involved an off-road recreational vehicle as defined 
  5.15  in section 169A.03, subdivision 16; chapter 348; and any other 
  5.16  law relating to wild animals or aquatic vegetation, must be paid 
  5.17  to the treasurer of the county where the violation is 
  5.18  prosecuted.  The county treasurer shall submit one-half of the 
  5.19  receipts to the commissioner and credit the balance to the 
  5.20  county general revenue fund except as provided in paragraphs 
  5.21  (b), (c), and (d).  In a county in a judicial district under 
  5.22  section 480.181, subdivision 1, paragraph (b), the share that 
  5.23  would otherwise go to the county under this paragraph must be 
  5.24  submitted to the state treasurer for deposit in the state 
  5.25  treasury and credited to the general fund. 
  5.26     (b) The commissioner must may reimburse a county, from the 
  5.27  game and fish fund, for the cost of keeping prisoners prosecuted 
  5.28  for violations of the game and fish laws under this section if 
  5.29  the county board, by resolution, directs:  (1) the county 
  5.30  treasurer to submit all game and fish fines and forfeited bail 
  5.31  to the commissioner; and (2) the county auditor to certify and 
  5.32  submit monthly itemized statements to the commissioner.  
  5.33     (c) The county treasurer shall submit one-half of the 
  5.34  receipts collected under paragraph (a) from prosecutions of 
  5.35  violations of sections 84.81 to 84.91 or rules adopted 
  5.36  thereunder, and 169A.20, except receipts that are surcharges 
  6.1   imposed under section 357.021, subdivision 6, to the 
  6.2   commissioner and credit the balance to the county general fund.  
  6.3   The commissioner shall credit these receipts to the snowmobile 
  6.4   trails and enforcement account in the natural resources fund. 
  6.5      (d) The county treasurer shall indicate the amount of the 
  6.6   receipts that are surcharges imposed under section 357.021, 
  6.7   subdivision 6, and shall submit all of those receipts to the 
  6.8   state treasurer. 
  6.9      Sec. 9.  Minnesota Statutes 2002, section 97C.355, 
  6.10  subdivision 1, is amended to read: 
  6.11     Subdivision 1.  [IDENTIFICATION REQUIRED.] All shelters on 
  6.12  the ice of state waters, including dark houses and fish houses, 
  6.13  must have:  (1) the owner's name and address or, (2) the owner's 
  6.14  driver's license number of an, or (3) the "MDNR#" license 
  6.15  identification number issued to the owner legibly displayed on 
  6.16  the exterior with characters at least two inches high. 
  6.17     Sec. 10.  Minnesota Statutes 2002, section 97C.355, 
  6.18  subdivision 2, is amended to read: 
  6.19     Subd. 2.  [LICENSE REQUIRED.] A person may not take fish 
  6.20  from a dark house or fish house unless the house is licensed and 
  6.21  has a durable license tag attached to the exterior as prescribed 
  6.22  by the commissioner in a readily visible location, except as 
  6.23  provided in this subdivision.  The commissioner must issue 
  6.24  a durable tag that is at least two inches in diameter with a 
  6.25  3/16 inch hole in the center with a dark house or fish house 
  6.26  license.  The durable tag must be, marked with a number to 
  6.27  correspond with the license and the year of issue.  A dark house 
  6.28  or fish house license is not required of a resident on boundary 
  6.29  waters where the adjacent state does not charge a fee for the 
  6.30  same activity. 
  6.31     Sec. 11.  [REPEALER.] 
  6.32     Minnesota Statutes 2002, section 97A.051, subdivision 1, is 
  6.33  repealed.  Minnesota Rules, part 6262.0100, subpart 2, is 
  6.34  repealed.