HF 1442

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/10/2013 12:30pm

A bill for an act
relating to natural resources; establishing aquatic invasive species decal
requirements and fees; eliminating aquatic invasive species trailer decal
requirements; requiring a report; appropriating money; amending Minnesota
Statutes 2012, section 84D.15, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 2012, section
86B.13.

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

Section 1.

Minnesota Statutes 2012, section 84D.15, subdivision 2, is amended to read:

Subd. 2.

Receipts.

Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, civil penalties under section 84D.13, deleted text begin and deleted text end service provider
permits under section 84D.108, new text begin and aquatic invasive species decals under section
86B.135, new text end shall be deposited in the invasive species account. Each year, the commissioner
of management and budget shall transfer from the game and fish fund to the invasive
species account, the annual surcharge collected on nonresident fishing licenses under
section 97A.475, subdivision 7, paragraph (b). Each fiscal year, the commissioner of
management and budget shall transfer $750,000 from the water recreation account under
section 86B.706 to the invasive species account.

Sec. 2.

new text begin [86B.135] AQUATIC INVASIVE SPECIES DECAL.
new text end

new text begin Subdivision 1. new text end

new text begin Decal required; fees. new text end

new text begin (a) Except as provided under subdivision 6, a
person may not place or attempt to place into waters of the state a watercraft or operate a
watercraft on waters of the state unless a valid annual aquatic invasive species decal issued
by the commissioner under this section is displayed on the watercraft. The decal must
be viewable by a peace officer or a conservation officer. Owners or operators of licensed
watercraft shall adhere the decal on the starboard side of the bow directly in line with the
watercraft license number. Only the aquatic invasive species decal that is currently valid
shall be displayed. The commissioner, in prescribing the placement of decals, shall ensure
consistent placement of decals to aid in enforcement.
new text end

new text begin (b) The fee for an annual decal is:
new text end

new text begin (1) $5 for a nonmotorized watercraft less than 26 feet in length licensed by the state;
new text end

new text begin (2) $10 for a motorized watercraft less than 26 feet in length licensed by the state;
new text end

new text begin (3) $15 for a watercraft measured 26 feet or greater bow to stern licensed by the state;
new text end

new text begin (4) $10 for a nonmotorized watercraft licensed or registered by another state or
country; and
new text end

new text begin (5) $20 for a motorized watercraft licensed or registered by another state or country.
new text end

new text begin (c) A person who owns multiple watercraft may receive additional aquatic invasive
species decals for a fee of $1 for each additional decal. A person receiving additional
decals under this paragraph must:
new text end

new text begin (1) pay the highest fee prescribed in paragraph (b) for watercraft owned by the
person; and
new text end

new text begin (2) provide license information to the commissioner for all watercraft decals issued.
new text end

new text begin (d) Except as provided in paragraph (e), a decal is valid from January 1 through
December 31 of the year issued. The commissioner shall issue a decal upon application,
acknowledgement of educational information, and payment of the fee. A decal issued
under this section is not transferable.
new text end

new text begin (e) The commissioner shall provide a person licensing a watercraft the option to
purchase additional decals valid for the two subsequent years following the issuing year to
coincide with the licensing period of the watercraft. A person must pay the applicable
fee under paragraph (b) for each additional decal issued.
new text end

new text begin (f) Fees collected under this section, except for the issuing fee, shall be deposited in
the state treasury and credited to the invasive species account in the natural resources fund
and may be spent only to control and prevent the spread of aquatic invasive species.
new text end

new text begin (g) The commissioner shall allow for the electronic purchase of decals. The
commissioner may assign an identification number to an applicant who purchases a decal
by electronic means, to serve as temporary authorization until the decal is received. A
temporary authorization is valid for 30 days.
new text end

new text begin Subd. 2. new text end

new text begin Education materials. new text end

new text begin The commissioner shall develop aquatic invasive
species educational information, make the materials available on the department's Web
site, and include the information in the department's annual boating guide. The educational
information must include a list of applicable aquatic invasive species laws, information
to help identify aquatic invasive species, and a link to a list of waters that have been
designated as infested and their locations. The commissioner shall ensure all applicants for
a decal under this section acknowledge receipt of the educational information. Purchase of
the decal and receipt of the educational information or an acknowledgement of receipt of a
link to the information constitute express acknowledgement.
new text end

new text begin Subd. 3. new text end

new text begin License agents. new text end

new text begin The commissioner may appoint agents to issue and
sell aquatic invasive species decals. The decal and educational information shall be
available through electronic licensing system agents. The commissioner may revoke the
appointment of an agent at any time. An agent shall promptly deposit and remit all money
received from the sale of the decals, exclusive of the issuing fee, to the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Issuing fees. new text end

new text begin In addition to the fee for a decal, an issuing fee of $1 per
decal shall be charged. The issuing fee may be retained by the seller of the decal. Issuing
fees for decals issued by the commissioner shall be deposited in the natural resources fund
and retained for the operation of the electronic licensing system.
new text end

new text begin Subd. 5. new text end

new text begin Duplicate decals. new text end

new text begin The commissioner and agents shall issue a duplicate
decal to persons whose decal is lost or destroyed using the process established under
section 97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate
aquatic invasive species decal is $4, with an issuing fee of 50 cents.
new text end

new text begin Subd. 6. new text end

new text begin Exemptions. new text end

new text begin This section does not apply to boundary waters or
commercial watercraft.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 3. new text begin INSPECTION OF WATER-RELATED EQUIPMENT; REPORT.
new text end

new text begin The commissioner of natural resources, in consultation with the commissioner of
transportation, shall examine the feasibility of inspecting water-related equipment entering
the state, including the use of weigh stations as inspection sites. The commissioner shall
submit a report, including a discussion of inspection options, financial requirements, and
any recommendations, to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over environment and natural resources policy
and finance by January 15, 2014.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $2,000,000 in fiscal year 2015 is appropriated from the invasive species account
to the commissioner of natural resources for the conservation partners legacy grant
program for grants to local units of government and lake associations to address aquatic
invasive species.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 86B.13, new text end new text begin is repealed.
new text end