1.1 A bill for an act
1.2 relating to natural resources; modifying electronic
1.3 licensing provisions; clarifying certain wild rice
1.4 provisions; modifying disposition of certain proceeds;
1.5 modifying snowmobile training and operating
1.6 requirements; modifying certain fee provisions;
1.7 eliminating RIM work plan requirement; modifying
1.8 reporting requirements; modifying motorboat equipment
1.9 and noise provisions; modifying provisions for
1.10 cross-country ski passes; providing for certain
1.11 refunds, fees, and commissions; modifying authority to
1.12 issue and sell licenses and appoint agents; modifying
1.13 nonresident minnow transport requirements; providing
1.14 for rulemaking; requiring a report on the electronic
1.15 licensing system; amending Minnesota Statutes 2002,
1.16 sections 84.027, subdivision 15; 84.091, subdivision
1.17 1; 84.8205, subdivision 5; 84.83, subdivision 2;
1.18 84.86, subdivision 1; 84.862, subdivisions 1, 3;
1.19 84.872, subdivision 1; 85.052, subdivision 4; 85.054,
1.20 subdivision 7, by adding a subdivision; 85.22,
1.21 subdivision 2a; 85.34, by adding subdivisions; 85.41,
1.22 subdivisions 2, 4, 5; 85.43; 86B.321, subdivision 2;
1.23 86B.521, subdivisions 1, 2; 97A.055, subdivision 4;
1.24 97A.311, by adding a subdivision; 97A.434, subdivision
1.25 3; 97A.4742, subdivision 4; 97A.485, subdivisions 3,
1.26 4, 5, 7, 11; 97B.721, as amended; 97C.501, subdivision
1.27 4; 97C.525, subdivisions 3, 5; 103B.611, subdivision
1.28 3; Minnesota Statutes 2003 Supplement, sections
1.29 16B.24, subdivision 5; 84.026; 84.773; 84.862,
1.30 subdivision 2a; 97A.475, subdivision 26; 97A.485,
1.31 subdivision 6; 103G.222, subdivision 1; 103G.615,
1.32 subdivision 2; proposing coding for new law in
1.33 Minnesota Statutes, chapter 84; repealing Minnesota
1.34 Statutes 2002, sections 84.862, subdivision 2; 84.95,
1.35 subdivision 3; 85.34, subdivision 4; 97A.485,
1.36 subdivisions 2, 8, 10; Minnesota Statutes 2003
1.37 Supplement, section 97A.475, subdivision 28; Laws
1.38 2004, chapter 215, sections 15, 23, 29, if enacted.
1.39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.40 Section 1. Minnesota Statutes 2003 Supplement, section
1.41 16B.24, subdivision 5, is amended to read:
1.42 Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
2.1 The commissioner may rent out state property, real or personal,
2.2 that is not needed for public use, if the rental is not
2.3 otherwise provided for or prohibited by law. The property may
2.4 not be rented out for more than five years at a time without the
2.5 approval of the State Executive Council and may never be rented
2.6 out for more than 25 years. A rental agreement may provide that
2.7 the state will reimburse a tenant for a portion of capital
2.8 improvements that the tenant makes to state real property if the
2.9 state does not permit the tenant to renew the lease at the end
2.10 of the rental agreement.
2.11 (b) [RESTRICTIONS.] Paragraph (a) does not apply to state
2.12 trust fund lands, other state lands under the jurisdiction of
2.13 the Department of Natural Resources, lands forfeited for
2.14 delinquent taxes, lands acquired under section 298.22, or lands
2.15 acquired under section 41.56 which are under the jurisdiction of
2.16 the Department of Agriculture.
2.17 (c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
2.18 Chapel, located within the boundaries of Fort Snelling State
2.19 Park, is available for use only on payment of a rental fee. The
2.20 commissioner shall establish rental fees for both public and
2.21 private use. The rental fee for private use by an organization
2.22 or individual must reflect the reasonable value of equivalent
2.23 rental space. Rental fees collected under this section must be
2.24 deposited in the general fund.
2.25 (d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
2.26 shall establish rental rates for all living accommodations
2.27 provided by the state for its employees. Money collected as
2.28 rent by state agencies pursuant to this paragraph must be
2.29 deposited in the state treasury and credited to the general fund.
2.30 (e) (d) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
2.31 AGENCIES.] The commissioner may lease portions of the
2.32 state-owned buildings in the Capitol complex, the Capitol Square
2.33 Building, the Health Building, and the building at 1246
2.34 University Avenue, St. Paul, Minnesota, to state agencies and
2.35 the court administrator on behalf of the judicial branch of
2.36 state government and charge rent on the basis of space
3.1 occupied. Notwithstanding any law to the contrary, all money
3.2 collected as rent pursuant to the terms of this section shall be
3.3 deposited in the state treasury. Money collected as rent to
3.4 recover the bond interest costs of a building funded from the
3.5 state bond proceeds fund shall be credited to the general fund.
3.6 Money collected as rent to recover the depreciation costs of a
3.7 building funded from the state bond proceeds fund and money
3.8 collected as rent to recover capital expenditures from capital
3.9 asset preservation and replacement appropriations and statewide
3.10 building access appropriations shall be credited to a segregated
3.11 account in a special revenue fund. Fifty percent of the money
3.12 credited to the account each fiscal year must be transferred to
3.13 the general fund. The remaining money in the account is
3.14 appropriated to the commissioner to be expended for asset
3.15 preservation projects as determined by the commissioner. Money
3.16 collected as rent to recover the depreciation and interest costs
3.17 of a building built with other state dedicated funds shall be
3.18 credited to the dedicated fund which funded the original
3.19 acquisition or construction. All other money received shall be
3.20 credited to the general services revolving fund.
3.21 Sec. 2. Minnesota Statutes 2003 Supplement, section
3.22 84.026, is amended to read:
3.23 84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL
3.24 RESOURCES SERVICES.]
3.25 The commissioner of natural resources is authorized to
3.26 enter into contractual or grant agreements with any public or
3.27 private entity for the provision of statutorily prescribed
3.28 natural resources services by or for the department. The
3.29 contracts or grants shall specify the services to be provided
3.30 and, where services are being provided for the department, the
3.31 amount and method of reimbursement payment after services are
3.32 rendered. Funds generated in a contractual agreement made
3.33 pursuant to this section shall be deposited in the special
3.34 revenue fund and are appropriated to the department for purposes
3.35 of providing the services specified in the contracts. All
3.36 contractual and grant agreements shall be processed in
4.1 accordance with the provisions of section 16C.05. The
4.2 commissioner shall report revenues collected and expenditures
4.3 made under this section to the chairs of the Committees on
4.4 Appropriations in the house and Finance in the senate by January
4.5 1 of each odd-numbered year.
4.6 Sec. 3. Minnesota Statutes 2002, section 84.027,
4.7 subdivision 15, is amended to read:
4.8 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner
4.9 may receive an application for, sell, and issue any license,
4.10 stamp, permit, registration, or transfer under the jurisdiction
4.11 of the commissioner by electronic means, including by
4.12 telephone. Notwithstanding section 97A.472, electronic and
4.13 telephone transactions may be made outside of the state. The
4.14 commissioner may:
4.15 (1) provide for the electronic transfer of funds generated
4.16 by electronic transactions, including by telephone;
4.17 (2) assign a license identification number to an applicant
4.18 who purchases a hunting or fishing license by electronic means,
4.19 to serve as temporary authorization to engage in the licensed
4.20 activity until the license is received or expires;
4.21 (3) charge and permit agents to charge a fee of individuals
4.22 who make electronic transactions and transactions by telephone,
4.23 including the issuing fee under section 97A.485, subdivision 6,
4.24 and an additional transaction fee not to exceed $3.50;
4.25 (4) select up to four volunteer counties, not more than two
4.26 in the metropolitan area, to participate in this pilot project
4.27 and the counties shall select the participating agents;
4.28 (5) upon completion of a pilot project, implement a
4.29 statewide system and select the participating agents collect
4.30 issuing or filing fees as provided under sections 84.788,
4.31 subdivision 3, paragraph (e); 84.798, subdivision 3, paragraph
4.32 (b); 84.82, subdivision 2, paragraph (d); 84.8205, subdivisions
4.33 5 and 6; 84.922, subdivision 2, paragraph (e); 85.41,
4.34 subdivision 5; 86B.415, subdivision 8; and 97A.485, subdivision
4.35 6, and collect an electronic licensing system commission on
4.36 sales of licenses as provided under sections 85.43, paragraph
5.1 (b), and 97A.485, subdivision 7; and
5.2 (6) (5) adopt rules to administer the provisions of this
5.3 subdivision.
5.4 (b) A county shall not collect a commission for the sale of
5.5 licenses or permits made by agents selected by the participating
5.6 counties under this subdivision.
5.7 (c) Establishment of the transaction fee under paragraph
5.8 (a), clause (3), is not subject to the rulemaking procedures of
5.9 chapter 14 and section 14.386 does not apply.
5.10 (d) (c) Money received from fees and commissions collected
5.11 under this subdivision, including interest earned, is annually
5.12 appropriated from the game and fish fund and the natural
5.13 resources fund to the commissioner for the cost of electronic
5.14 licensing.
5.15 Sec. 4. [84.0857] [FACILITIES MANAGEMENT ACCOUNT.]
5.16 The commissioner of natural resources may bill
5.17 organizational units within the Department of Natural Resources
5.18 for the costs of providing them with building and infrastructure
5.19 facilities. Costs billed may include modifications and
5.20 adaptations to allow for appropriate building occupancy,
5.21 building code compliance, insurance, utility services,
5.22 maintenance, repair, and other direct costs as determined by the
5.23 commissioner. Receipts shall be credited to a special account
5.24 in the state treasury and are appropriated to the commissioner
5.25 to pay the costs for which the billings were made.
5.26 Sec. 5. Minnesota Statutes 2002, section 84.091,
5.27 subdivision 1, is amended to read:
5.28 Subdivision 1. [OWNERSHIP.] The state is the owner of wild
5.29 rice and other aquatic vegetation growing in public waters. A
5.30 person may not acquire a property interest in wild rice or other
5.31 aquatic vegetation or destroy wild rice or aquatic vegetation,
5.32 except as authorized under this chapter or section 103G.615.
5.33 Sec. 6. Minnesota Statutes 2003 Supplement, section
5.34 84.773, is amended to read:
5.35 84.773 [RESTRICTIONS ON OPERATION.]
5.36 Subdivision 1. [RESTRICTIONS.] A person may not
6.1 intentionally operate an off-highway vehicle:
6.2 (1) on a trail on public land that is designated or signed
6.3 for nonmotorized use only;
6.4 (2) on restricted areas within public lands that are posted
6.5 or where gates or other clearly visible structures are placed to
6.6 prevent unauthorized motorized vehicle access; or
6.7 (3) except as specifically authorized by law or rule
6.8 adopted by the commissioner, in: type 3, 4, 5, and 8 wetlands
6.9 or unfrozen public waters, as defined in section 103G.005; in a
6.10 state park; in a scientific and natural area; or in a wildlife
6.11 management area; or
6.12 (4) in a calcareous fen, as identified by the commissioner.
6.13 Subd. 2. [WETLAND DISTURBANCE.] A person may not operate
6.14 an off-highway vehicle in a manner to:
6.15 (1) indicate a willful, wanton, or reckless disregard for
6.16 the safety of persons or property;
6.17 (2) carelessly upset the natural and ecological balance of
6.18 a wetland or public waters wetland; or
6.19 (3) impact a wetland or public waters wetland in excess of
6.20 the amounts authorized in section 103G.2241, subdivision 9,
6.21 unless:
6.22 (i) sequencing of the impact is followed according to
6.23 section 103G.222, subdivision 1, paragraph (b), and the impact
6.24 is repaired under section 103G.2242, and rules adopted pursuant
6.25 to that section; or
6.26 (ii) the activity is exempt under section 103G.2241.
6.27 Subd. 3. [PRIVATE LAND ACCESS.] The commissioner may grant
6.28 up to a ten-year permit to exempt a private landowner or
6.29 leaseholder from this section when the only reasonable access to
6.30 a permit applicant's land is across state land.
6.31 Sec. 7. Minnesota Statutes 2002, section 84.8205,
6.32 subdivision 5, is amended to read:
6.33 Subd. 5. [AGENT'S FEE.] In addition to the fee for a
6.34 sticker shall be increased by the amount of, an issuing fee of
6.35 $1 per sticker shall be charged. The issuing fee may be
6.36 retained by the seller of the sticker. Issuing fees for
7.1 stickers issued by the commissioner shall be deposited in the
7.2 snowmobile trails and enforcement account in the natural
7.3 resources fund and retained for the operation of the electronic
7.4 licensing system.
7.5 Sec. 8. Minnesota Statutes 2002, section 84.83,
7.6 subdivision 2, is amended to read:
7.7 Subd. 2. [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the
7.8 registration of snowmobiles and the unrefunded gasoline tax
7.9 attributable to snowmobile use pursuant to section 296A.18, as
7.10 well as the net proceeds from the sale of snowmobiles forfeited
7.11 pursuant to section 169A.63, shall be deposited in the state
7.12 treasury and credited to the snowmobile trails and enforcement
7.13 account.
7.14 Sec. 9. Minnesota Statutes 2002, section 84.86,
7.15 subdivision 1, is amended to read:
7.16 Subdivision 1. [REQUIRED RULES.] With a view of achieving
7.17 maximum use of snowmobiles consistent with protection of the
7.18 environment the commissioner of natural resources shall adopt
7.19 rules in the manner provided by chapter 14, for the following
7.20 purposes:
7.21 (1) Registration of snowmobiles and display of registration
7.22 numbers.
7.23 (2) Use of snowmobiles insofar as game and fish resources
7.24 are affected.
7.25 (3) Use of snowmobiles on public lands and waters, or on
7.26 grant-in-aid trails.
7.27 (4) Uniform signs to be used by the state, counties, and
7.28 cities, which are necessary or desirable to control, direct, or
7.29 regulate the operation and use of snowmobiles.
7.30 (5) Specifications relating to snowmobile mufflers.
7.31 (6) A comprehensive snowmobile information and safety
7.32 education and training program, including but not limited to the
7.33 preparation and dissemination of snowmobile information and
7.34 safety advice to the public, the training of snowmobile
7.35 operators, and the issuance of snowmobile safety certificates to
7.36 snowmobile operators who successfully complete the snowmobile
8.1 safety education and training course. For the purpose of
8.2 administering such program and to defray expenses of training
8.3 and certifying snowmobile operators, the commissioner shall
8.4 collect a fee from each person who receives the youth and young
8.5 adult training or the adult training. The commissioner shall
8.6 establish a fee that neither significantly overrecovers nor
8.7 underrecovers costs, including overhead costs, involved in
8.8 providing the services. The fee is not subject to the
8.9 rulemaking provisions of chapter 14 and section 14.386 does not
8.10 apply. The fees must be deposited in the snowmobile trails and
8.11 enforcement account and the amount thereof is appropriated
8.12 annually to the Enforcement Division of the Department of
8.13 Natural Resources for the administration of such programs. In
8.14 addition to the fee established by the commissioner, instructors
8.15 may charge each person up to the established fee amount for
8.16 class materials and expenses. The commissioner shall cooperate
8.17 with private organizations and associations, private and public
8.18 corporations, and local governmental units in furtherance of the
8.19 program established under this clause. School districts may
8.20 cooperate with the commissioner and volunteer instructors to
8.21 provide space for the classroom portion of the training. The
8.22 commissioner shall consult with the commissioner of public
8.23 safety in regard to training program subject matter and
8.24 performance testing that leads to the certification of
8.25 snowmobile operators.
8.26 (7) The operator of any snowmobile involved in an accident
8.27 resulting in injury requiring medical attention or
8.28 hospitalization to or death of any person or total damage to an
8.29 extent of $500 or more, shall forward a written report of the
8.30 accident to the commissioner on such form as the commissioner
8.31 shall prescribe. If the operator is killed or is unable to file
8.32 a report due to incapacitation, any peace officer investigating
8.33 the accident shall file the accident report within ten business
8.34 days.
8.35 Sec. 10. Minnesota Statutes 2002, section 84.862,
8.36 subdivision 1, is amended to read:
9.1 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.]
9.2 (a) Effective October 1, 1998, Any resident born after December
9.3 31, 1979 1976, who operates a snowmobile in Minnesota, must
9.4 possess:
9.5 (1) a valid snowmobile safety certificate;
9.6 (2) a driver's license that has a valid snowmobile
9.7 qualification indicator issued under section 171.07, subdivision
9.8 12; or
9.9 (3) an identification card that has a valid snowmobile
9.10 qualification indicator issued under section 171.07, subdivision
9.11 12.
9.12 (b) For youth or adults taking the youth course, the
9.13 certificate or qualification indicator may only be issued upon
9.14 successful completion of a course authorized under section
9.15 84.86. Either the youth course under this subdivision paragraph
9.16 or the adult course under subdivision 2 paragraph (c) may be
9.17 completed by persons 16 years of age or older.
9.18 (c) Persons 16 years of age or older may take the adult
9.19 snowmobile safety training course. The certificate or
9.20 qualification indicator may only be issued upon successful
9.21 completion of a safety course designed for adults or persons 16
9.22 years of age or older.
9.23 Sec. 11. Minnesota Statutes 2003 Supplement, section
9.24 84.862, subdivision 2a, is amended to read:
9.25 Subd. 2a. [CERTIFICATES ISSUED IN OTHER STATES.] If a
9.26 person completes a safety course in another state that is
9.27 recognized by the commissioner under a reciprocity agreement or
9.28 certified by the commissioner as substantially similar to
9.29 requirements in this state, evidence that the person has
9.30 completed that course is acceptable in lieu of a certificate
9.31 under this section.
9.32 Sec. 12. Minnesota Statutes 2002, section 84.862,
9.33 subdivision 3, is amended to read:
9.34 Subd. 3. [TRAINING FOR OFFENDERS.] Any person who is
9.35 convicted for a second or subsequent speeding violation in a
9.36 snowmobile season, or any conviction for careless or reckless
10.1 operation of a snowmobile, must successfully complete the a
10.2 training course in subdivision 1 or 2 before continuing
10.3 operation of a snowmobile.
10.4 Sec. 13. Minnesota Statutes 2002, section 84.872,
10.5 subdivision 1, is amended to read:
10.6 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a)
10.7 Notwithstanding anything in section 84.87 to the contrary, no
10.8 person under 14 years of age shall make a direct crossing of a
10.9 trunk, county state-aid, or county highway as the operator of a
10.10 snowmobile, or operate a snowmobile upon a street or highway
10.11 within a municipality.
10.12 A person 14 years of age or older, but less than 18 years
10.13 of age, may make a direct crossing of a trunk, county state-aid,
10.14 or county highway only if the person has in immediate possession:
10.15 (1) a valid snowmobile safety certificate issued by the
10.16 commissioner;
10.17 (2) a driver's license that has a valid snowmobile
10.18 qualification indicator issued under section 171.07, subdivision
10.19 12; or
10.20 (3) an identification card that has a valid snowmobile
10.21 qualification indicator issued under section 171.07, subdivision
10.22 12.
10.23 (b) Notwithstanding section 84.862, no person under the age
10.24 of 14 years shall operate a snowmobile on any public land,
10.25 public easements, or water or grant-in-aid trail unless
10.26 supervised by or accompanied by one of the following listed
10.27 persons on the same or an accompanying snowmobile, or on a
10.28 device towed by the same or an accompanying snowmobile: the
10.29 person's parent, legal guardian, or other person 18 years of age
10.30 or older designated by the parent or guardian. However, a
10.31 person 12 years of age or older but under the age of 14 years
10.32 may operate a snowmobile on public lands, public easements, and
10.33 waters or a grant-in-aid trail if the person has in immediate
10.34 possession a valid snowmobile safety certificate issued by the
10.35 commissioner or an identification card with a valid snowmobile
10.36 qualification indicator issued under section 171.07, subdivision
11.1 12.
11.2 (c) The snowmobile safety certificate exceptions under
11.3 paragraph (b) do not allow a person under the age of 14 years to
11.4 make a direct crossing of a highway as the operator of a
11.5 snowmobile or to operate a snowmobile upon a street or highway,
11.6 as prohibited under paragraph (a).
11.7 Sec. 14. Minnesota Statutes 2002, section 85.052,
11.8 subdivision 4, is amended to read:
11.9 Subd. 4. [DEPOSIT OF FEES.] (a) Fees paid for providing
11.10 contracted products and services within a state park, state
11.11 recreation area, or wayside, and for special state park uses
11.12 under this section shall be deposited in the natural resources
11.13 fund and credited to a state parks account.
11.14 (b) Gross receipts derived from sales, rentals, or leases
11.15 of natural resources within state parks, recreation areas, and
11.16 waysides, other than those on trust fund lands, must be
11.17 deposited in the state treasury and credited to the general fund.
11.18 Sec. 15. Minnesota Statutes 2002, section 85.054,
11.19 subdivision 7, is amended to read:
11.20 Subd. 7. [TETTEGOUCHE STATE PARK.] A state park permit is
11.21 not required and a fee may not be charged for motor vehicle
11.22 entry at Palisade Head in Tettegouche State Park, provided that
11.23 motor vehicles entering the park under this provision may not be
11.24 parked at Palisade Head for more than one hour. A state park
11.25 permit is not required and a fee may not be charged for the
11.26 Class I rest area parking area at Tettegouche State Park.
11.27 Sec. 16. Minnesota Statutes 2002, section 85.054, is
11.28 amended by adding a subdivision to read:
11.29 Subd. 10. [RED RIVER STATE RECREATION AREA.] A state park
11.30 permit is not required and a fee may not be charged for any
11.31 portion of the Red River State Recreation Area located outside
11.32 of the campground.
11.33 Sec. 17. Minnesota Statutes 2002, section 85.22,
11.34 subdivision 2a, is amended to read:
11.35 Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived
11.36 from the rental or sale of state park items, tours at
12.1 Forestville State Park, and operation of Douglas Lodge shall be
12.2 deposited in the state treasury and be credited to the state
12.3 parks working capital account. Receipts and expenses from
12.4 Douglas Lodge shall be tracked separately within the account.
12.5 Money in the account is annually appropriated for the purchase
12.6 and payment of expenses attributable to items for resale or
12.7 rental and operation of Douglas Lodge. Any excess receipts in
12.8 this account are annually appropriated for state park management
12.9 and interpretive programs.
12.10 Sec. 18. Minnesota Statutes 2002, section 85.34, is
12.11 amended by adding a subdivision to read:
12.12 Subd. 6. [MINNEAPOLIS LEASE.] A lease to the Minneapolis
12.13 Park and Recreation Board for the purposes of athletic fields
12.14 and golf course operations is subject to subdivisions 1 to 5,
12.15 except as provided in this subdivision. Approval of the
12.16 Executive Council is not required for the lease or the issuance
12.17 of a liquor license. A lease of any portion of Officer's Row or
12.18 Area J may include a charge to be paid by the tenant for
12.19 repayment of a portion of the costs incurred by the Minneapolis
12.20 Park and Recreation Board for the installation of a new water
12.21 line on the upper bluff. The total amount to be repaid to the
12.22 Minneapolis Park and Recreation Board by tenants of Officer's
12.23 Row and Area J shall not exceed $450,000.
12.24 Sec. 19. Minnesota Statutes 2002, section 85.34, is
12.25 amended by adding a subdivision to read:
12.26 Subd. 7. [DISPOSITION OF PROCEEDS.] (a) All revenue
12.27 derived from the lease of the Fort Snelling upper bluff, with
12.28 the exception of payment for costs of the water line as
12.29 described in subdivision 6, shall be deposited in the natural
12.30 resources fund and credited to a state park account.
12.31 (b) Revenue and expenses from the upper bluff shall be
12.32 tracked separately within the account. Money in the account
12.33 derived from the leasing or operation of the property described
12.34 in subdivision 1 may be appropriated for the payment of expenses
12.35 attributable to the leasing and operation of the property
12.36 described in subdivision 1, including but not limited to, the
13.1 maintenance, repair, and rehabilitation of historic buildings
13.2 and landscapes.
13.3 Sec. 20. Minnesota Statutes 2002, section 85.41,
13.4 subdivision 2, is amended to read:
13.5 Subd. 2. [LICENSE AGENTS.] (a) County auditors are
13.6 appointed agents of the commissioner for the sale of
13.7 cross-country ski passes. The commissioner may appoint other
13.8 state agencies as agents for the sale of passes. A county
13.9 auditor The commissioner may appoint subagents within the county
13.10 or within adjacent counties agents to issue and sell
13.11 cross-country ski passes. Upon appointment the auditor shall
13.12 notify the commissioner of the name and address of the
13.13 subagent. The auditor commissioner may revoke the appointment
13.14 of a subagent, and the commissioner may revoke the appointment
13.15 of a state agency, an agent at any time. Upon demand of the
13.16 commissioner, the auditor shall revoke a subagent's
13.17 appointment. The auditor shall furnish pass blanks on
13.18 consignment to any subagent who furnishes a surety bond in favor
13.19 of the county in an amount at least equal to the value of the
13.20 blanks to be consigned to that subagent. A surety bond is not
13.21 required of a state agency appointed by the commissioner. The
13.22 county auditor shall be responsible for all blanks issued to,
13.23 and user fees received by agents, except in St. Louis County or
13.24 in a county where the county auditor does not retain fees paid
13.25 for license purposes. In these counties, the responsibilities
13.26 imposed upon the county auditor are imposed upon the county.
13.27 (b) The commissioner may promulgate additional rules as
13.28 provided in section 97A.485, subdivision 11. Any resident
13.29 desiring to sell cross-country ski passes may either purchase
13.30 for cash or obtain on consignment pass blanks from a county
13.31 auditor in groups of not less than ten individual blanks. In
13.32 selling passes, the resident shall be deemed a subagent of the
13.33 county auditor and the commissioner, and An agent shall observe
13.34 all rules promulgated by the commissioner for the accounting and
13.35 handling of licenses pursuant to section 97A.485, subdivision 11.
13.36 The county auditor shall (c) An agent must promptly deposit
14.1 and remit all moneys received from the sale of passes with the
14.2 county treasurer, and shall promptly transmit any reports
14.3 required by, except issuing fees, to the commissioner, plus 96
14.4 percent of the price to each pass holder, exclusive of the
14.5 issuing fee, for each pass sold or consigned by the auditor and
14.6 subsequently sold to a pass holder during the accounting
14.7 period. The county auditor shall retain as a commission four
14.8 percent of all pass fees, excluding the issuing fee for passes
14.9 consigned to subagents and the issuing fee on passes sold by the
14.10 auditor to pass holders.
14.11 Unsold blanks in the hands of any subagent shall be
14.12 redeemed by the commissioner if presented for redemption within
14.13 the time prescribed by the commissioner. Any blanks not
14.14 presented for redemption within the period prescribed shall be
14.15 conclusively presumed to have been sold, and the subagent
14.16 possessing the same or to whom they are charged shall be
14.17 accountable.
14.18 Sec. 21. Minnesota Statutes 2002, section 85.41,
14.19 subdivision 4, is amended to read:
14.20 Subd. 4. [FORM ISSUANCE.] The department commissioner and
14.21 agents shall provide forms and blanks to all agents authorized
14.22 to issue and sell cross-country ski passes by the commissioner.
14.23 The pass shall be with the skier and available for inspection by
14.24 any peace or conservation officer. The pass shall include the
14.25 applicant's signature and other information deemed necessary by
14.26 the commissioner.
14.27 Sec. 22. Minnesota Statutes 2002, section 85.41,
14.28 subdivision 5, is amended to read:
14.29 Subd. 5. [ISSUING FEE.] In addition to the fee for a
14.30 cross-country ski pass shall be increased by the amount of, an
14.31 issuing fee of $1 per pass shall be charged. The issuing fee
14.32 shall be retained by the seller of the pass. Issuing fees for
14.33 passes issued by the commissioner shall be deposited in the
14.34 cross-country ski account in the natural resources fund and
14.35 retained for the operation of the electronic licensing system.
14.36 A pass shall indicate the amount of the fee that is retained by
15.1 the seller.
15.2 Sec. 23. Minnesota Statutes 2002, section 85.43, is
15.3 amended to read:
15.4 85.43 [DISPOSITION OF RECEIPTS; PURPOSE.]
15.5 (a) Fees from cross-country ski passes shall be deposited
15.6 in the state treasury and credited to a cross-country ski
15.7 account in the natural resources fund and, except as provided in
15.8 paragraph (b), are appropriated to the commissioner of natural
15.9 resources for:
15.10 (a) (1) grants-in-aid for cross-country ski trails
15.11 sponsored by local units of government and special park
15.12 districts as provided in section 85.44; and
15.13 (b) (2) maintenance, winter grooming, and associated
15.14 administrative costs for cross-country ski trails under the
15.15 jurisdiction of the commissioner.
15.16 (b) The commissioner shall retain for the operation of the
15.17 electronic licensing system a commission of 4.7 percent of all
15.18 cross-country ski pass fees collected.
15.19 Sec. 24. Minnesota Statutes 2002, section 86B.321,
15.20 subdivision 2, is amended to read:
15.21 Subd. 2. [NOISE LIMITS.] (a) The noise limits for the
15.22 total noise from the marine engine or motorboat may not exceed:
15.23 (1) for marine engines or motorboats manufactured before
15.24 January 1, 1982, a noise level of 84 decibels on the A scale
15.25 measured at a distance of 50 feet from the motorboat or
15.26 equivalent noise levels at other distances as specified by the
15.27 commissioner in a pass-by test or 86 decibels on the A scale
15.28 measured at idle in a stationary test at least four feet above
15.29 the water and at least four feet behind the transom of the
15.30 motorboat being tested; and
15.31 (2) for marine engines or motorboats manufactured on or
15.32 after January 1, 1982, a noise level of 82 decibels on the A
15.33 scale measured at a distance of 50 feet from the motorboat or
15.34 equivalent noise levels at other distances as specified by the
15.35 commissioner in a pass-by test or 84 decibels on the A scale
15.36 measured at idle in a stationary test at least four feet above
16.1 the water and at least four feet behind the transom of the
16.2 motorboat being tested.
16.3 (b) The noise limits in paragraph (a) do not preclude
16.4 enforcement of other laws relating to motorboat noise. The
16.5 officer or deputy doing the testing shall determine which test
16.6 or tests shall be used. Failure to pass either the pass-by or
16.7 stationary idle test is a violation of this section.
16.8 Sec. 25. Minnesota Statutes 2002, section 86B.521,
16.9 subdivision 1, is amended to read:
16.10 Subdivision 1. [EXHAUST MUFFLING SYSTEM REQUIRED.] A motor
16.11 may not be used on a motorboat unless it is equipped with an
16.12 efficient muffler, underwater exhaust, or other device that
16.13 adequately muffles or suppresses the sound of the exhaust of the
16.14 motor so as to prevent excessive or unusual noise. A motor may
16.15 not be equipped with a cutout an altered muffler, muffler
16.16 cutout, muffler bypass, or any other device designed or
16.17 installed so that it can be used to continually or
16.18 intermittently bypass any muffler or muffler system installed in
16.19 the motorboat or to reduce or eliminate the effectiveness of
16.20 such a muffler or muffler system.
16.21 Sec. 26. Minnesota Statutes 2002, section 86B.521,
16.22 subdivision 2, is amended to read:
16.23 Subd. 2. [SALE OF MOTOR THAT EXCEEDS NOISE LIMITS
16.24 PROHIBITED.] A person may not sell or offer for sale a new
16.25 marine engine or motorboat that would exceed the noise limits
16.26 contained in section 86B.321, subdivision 2, under a test
16.27 procedure approved by the commissioner if the motor is
16.28 maintained according to the manufacturer's specifications.
16.29 Sec. 27. Minnesota Statutes 2002, section 97A.055,
16.30 subdivision 4, is amended to read:
16.31 Subd. 4. [GAME AND FISH ANNUAL REPORTS.] (a) By November
16.32 December 15 each year, the commissioner shall submit to the
16.33 legislative committees having jurisdiction over appropriations
16.34 and the environment and natural resources reports on each of the
16.35 following:
16.36 (1) the amount of revenue from the following and purposes
17.1 for which expenditures were made:
17.2 (i) the small game license surcharge under section 97A.475,
17.3 subdivision 4;
17.4 (ii) the Minnesota migratory waterfowl stamp under section
17.5 97A.475, subdivision 5, clause (1);
17.6 (iii) the trout and salmon stamp under section 97A.475,
17.7 subdivision 10;
17.8 (iv) the pheasant stamp under section 97A.475, subdivision
17.9 5, clause (2); and
17.10 (v) the turkey stamp under section 97A.475, subdivision 5,
17.11 clause (3);
17.12 (2) the amounts available under section 97A.075,
17.13 subdivision 1, paragraphs (b) and (c), and the purposes for
17.14 which these amounts were spent;
17.15 (3) money credited to the game and fish fund under this
17.16 section and purposes for which expenditures were made from the
17.17 fund;
17.18 (4) outcome goals for the expenditures from the game and
17.19 fish fund; and
17.20 (5) summary and comments of citizen oversight committee
17.21 reviews under subdivision 4a.
17.22 (b) The report must include the commissioner's
17.23 recommendations, if any, for changes in the laws relating to the
17.24 stamps and surcharge referenced in paragraph (a).
17.25 Sec. 28. Minnesota Statutes 2002, section 97A.311, is
17.26 amended by adding a subdivision to read:
17.27 Subd. 5. [REFUNDS.] (a) The commissioner may issue a
17.28 refund on a license, not including any issuing fees paid under
17.29 section 97A.485, subdivision 6, if:
17.30 (1) the licensee dies before the opening of the licensed
17.31 season. The original license and a copy of the death
17.32 certificate must be provided to the commissioner; or
17.33 (2) the licensee is unable to participate in the licensed
17.34 activity because the licensee is called to active military duty
17.35 or military leave is canceled during the entire open season of
17.36 the licensed activity. The original license and a copy of the
18.1 military orders or notice of cancellation of leave must be
18.2 provided to the commissioner.
18.3 (b) This subdivision does not apply to lifetime licenses.
18.4 Sec. 29. Minnesota Statutes 2002, section 97A.434,
18.5 subdivision 3, is amended to read:
18.6 Subd. 3. [APPLICATION FOR LICENSE.] An application for a
18.7 prairie chicken license must be made in a manner provided by the
18.8 commissioner and accompanied by a $4 application fee. The $4
18.9 application fee is appropriated as prescribed in section 84.027,
18.10 subdivision 15, paragraph (d) (c), to pay for costs associated
18.11 with conducting the prairie chicken license drawing. A person
18.12 may not make more than one application for each season. If a
18.13 person makes more than one application, the person is ineligible
18.14 for a license for that season after determination by the
18.15 commissioner, without a hearing.
18.16 Sec. 30. Minnesota Statutes 2002, section 97A.4742,
18.17 subdivision 4, is amended to read:
18.18 Subd. 4. [ANNUAL REPORT.] By November December 15 each
18.19 year, the commissioner shall submit a report to the legislative
18.20 committees having jurisdiction over environment and natural
18.21 resources appropriations and environment and natural resources
18.22 policy. The report shall state the amount of revenue received
18.23 in and expenditures made from revenue transferred from the
18.24 lifetime fish and wildlife trust fund to the game and fish fund
18.25 and shall describe projects funded, locations of the projects,
18.26 and results and benefits from the projects. The report may be
18.27 included in the game and fish fund report required by section
18.28 97A.055, subdivision 4. The commissioner shall make the annual
18.29 report available to the public.
18.30 Sec. 31. Minnesota Statutes 2003 Supplement, section
18.31 97A.475, subdivision 26, is amended to read:
18.32 Subd. 26. [MINNOW DEALERS.] The fees for the following
18.33 licenses are:
18.34 (1) minnow dealer, $310;
18.35 (2) minnow dealer's vehicle, $15;
18.36 (3) exporting minnow dealer for residents and nonresidents,
19.1 $700; and
19.2 (4) exporting minnow dealer's vehicle for residents and
19.3 nonresidents, $15.
19.4 Sec. 32. Minnesota Statutes 2002, section 97A.485,
19.5 subdivision 3, is amended to read:
19.6 Subd. 3. [APPOINTMENT OF SUBAGENTS AGENTS.] A county
19.7 auditor The commissioner may appoint residents to be subagents
19.8 agents of the auditor within the county or adjacent
19.9 counties commissioner to issue and sell licenses. The auditor
19.10 shall notify the commissioner of the name and address of a
19.11 subagent when appointed. The appointment may be revoked by
19.12 the auditor commissioner at any time, and when directed by the
19.13 commissioner, the auditor must revoke the appointment.
19.14 Sec. 33. Minnesota Statutes 2002, section 97A.485,
19.15 subdivision 4, is amended to read:
19.16 Subd. 4. [APPLICATION TO SELL LICENSES BY SUBAGENT AGENT.]
19.17 To be a subagent an agent, a person must apply to the
19.18 commissioner in writing to an appropriate county auditor and in
19.19 a manner approved by the commissioner. The auditor must provide
19.20 a subagent the choice either to provide a bond for licenses on
19.21 consignment, or pay for licenses before furnishing the
19.22 licenses. License application forms may only be furnished to
19.23 subagents in groups of ten or more for resident licenses and
19.24 five or more for nonresident licenses.
19.25 Sec. 34. Minnesota Statutes 2002, section 97A.485,
19.26 subdivision 5, is amended to read:
19.27 Subd. 5. [COUNTY AUDITORS AGENTS RESPONSIBLE FOR LICENSES
19.28 AND FEES.] (a) The county auditor is responsible for licenses
19.29 and fees received by the subagents, except in a county that has
19.30 a population over 150,000 and an area greater than 5,000 square
19.31 miles and in a county where the county auditor does not retain
19.32 fees paid for licenses. In these counties the responsibility
19.33 imposed on the county auditor is imposed on the county.
19.34 (b) The county auditor An agent must promptly deposit and
19.35 remit all money received from the sale of licenses with the
19.36 county treasurer. The auditor must promptly submit payments and
20.1 required reports as required by, except issuing fees, to the
20.2 commissioner.
20.3 Sec. 35. Minnesota Statutes 2003 Supplement, section
20.4 97A.485, subdivision 6, is amended to read:
20.5 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
20.6 Persons authorized to sell licenses under this section must
20.7 issue the following licenses for the license fee and the
20.8 following issuing fees:
20.9 (1) to take deer or bear with firearms and by archery, the
20.10 issuing fee is $1;
20.11 (2) Minnesota sporting, the issuing fee is $1; and
20.12 (3) to take small game, for a person under age 65 to take
20.13 fish by angling or for a person of any age to take fish by
20.14 spearing, and to trap fur-bearing animals, the issuing fee is
20.15 $1;
20.16 (4) for a trout and salmon stamp that is not issued
20.17 simultaneously with an angling or sporting license, an issuing
20.18 fee of 50 cents may be charged at the discretion of the
20.19 authorized seller;
20.20 (5) for stamps other than a trout and salmon stamp, and for
20.21 a special season Canada goose license, there is no fee; and
20.22 (6) for licenses issued without a fee under section
20.23 97A.441, there is no fee.
20.24 (b) An issuing fee may not be collected for issuance of a
20.25 trout and salmon stamp if a stamp validation is issued
20.26 simultaneously with the related angling or sporting license.
20.27 Only one issuing fee may be collected when selling more than one
20.28 trout and salmon stamp in the same transaction after the end of
20.29 the season for which the stamp was issued.
20.30 (c) The auditor or subagent agent shall keep the issuing
20.31 fee as a commission for selling the licenses.
20.32 (d) The commissioner shall collect the issuing fee on
20.33 licenses sold by the commissioner.
20.34 (e) A license, except stamps, must state the amount of the
20.35 issuing fee and that the issuing fee is kept by the seller as a
20.36 commission for selling the licenses.
21.1 (f) For duplicate licenses, the issuing fees are:
21.2 (1) for licenses to take big game, 75 cents; and
21.3 (2) for other licenses, 50 cents.
21.4 (g) The commissioner may issue one-day angling licenses in
21.5 books of ten licenses each to fishing guides operating charter
21.6 boats upon receipt of payment of all license fees, excluding the
21.7 issuing fee required under this section. Copies of sold and
21.8 unsold licenses shall be returned to the commissioner. The
21.9 commissioner shall refund the charter boat captain for the
21.10 license fees of all unsold licenses. Copies of sold licenses
21.11 shall be maintained by the commissioner for one year.
21.12 Sec. 36. Minnesota Statutes 2002, section 97A.485,
21.13 subdivision 7, is amended to read:
21.14 Subd. 7. [COUNTY AUDITOR'S ELECTRONIC LICENSING SYSTEM
21.15 COMMISSION.] The county auditor commissioner shall retain for
21.16 the county treasury operation of the electronic licensing system
21.17 a commission of four 4.7 percent of all license fees
21.18 collected by the auditor and the auditor's subagents, excluding:
21.19 (1) the small game surcharge;
21.20 (2) all issuing fees; and
21.21 (3) $2.50 of the license fee for the licenses in section
21.22 97A.475, subdivisions 6, clauses (1), (3), and (5), 7, 8, 12,
21.23 and 13; and
21.24 (4) the license to take fish by angling for persons age 65
21.25 and over. In addition, the auditor shall collect the issuing
21.26 fees on licenses sold by the auditor to a licensee.
21.27 Sec. 37. Minnesota Statutes 2002, section 97A.485,
21.28 subdivision 11, is amended to read:
21.29 Subd. 11. [RULES FOR ACCOUNTING AND PROCEDURES.] The
21.30 commissioner shall prescribe rules for the accounting and
21.31 procedural requirements necessary to assure the efficient
21.32 handling of licenses and license fees. The commissioner may, by
21.33 rule, establish standards for the appointment and revocation of
21.34 subagents agents to assure the efficient distribution of
21.35 licenses throughout the state.
21.36 Sec. 38. Minnesota Statutes 2002, section 97B.721, as
22.1 amended by Laws 2004, chapter 215, section 26, if enacted, is
22.2 amended to read:
22.3 97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE
22.4 TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.]
22.5 (a) Except as provided in paragraph (b) or section 97A.405,
22.6 subdivision 2, a person may not take a turkey without possessing
22.7 a turkey license and a turkey stamp validation.
22.8 (b) The requirement in paragraph (a) to have a turkey stamp
22.9 validation does not apply to persons under age 18. An
22.10 unlicensed adult age 18 or older may assist a licensed wild
22.11 turkey hunter under the age of 16. The unlicensed adult may not
22.12 shoot or possess a firearm or bow while assisting a youth hunter
22.13 under this paragraph and may not charge a fee for the assistance.
22.14 (c) The commissioner may by rule prescribe requirements for
22.15 the tagging and registration of turkeys.
22.16 Sec. 39. Minnesota Statutes 2002, section 97C.501,
22.17 subdivision 4, is amended to read:
22.18 Subd. 4. [NONRESIDENT EXPORTING MINNOW HAULERS DEALERS.]
22.19 (a) A nonresident may not transport minnows in a motor vehicle
22.20 without an exporting minnow hauler license.
22.21 (b) A nonresident must obtain an exporting minnow hauler's
22.22 dealer's vehicle license for the motor vehicle used to transport
22.23 minnows. The serial number, motor vehicle license number, make,
22.24 and model must be on the license. The license must be
22.25 conspicuously displayed in the vehicle.
22.26 (c) (b) Only one nonresident motor exporting minnow dealer
22.27 vehicle license may be issued to an a nonresident exporting
22.28 minnow hauler dealer.
22.29 Sec. 40. Minnesota Statutes 2002, section 97C.525,
22.30 subdivision 3, is amended to read:
22.31 Subd. 3. [MINNOW DEALERS AND HAULERS.] A resident minnow
22.32 dealer or a nonresident exporting minnow hauler dealer may
22.33 transport minnows out of the state. A nonresident exporting
22.34 minnow hauler dealer must possess a bill of lading issued by a
22.35 resident minnow dealer with an exporting minnow dealer's
22.36 license. The bill of lading must be on a form furnished by the
23.1 commissioner and must state the nonresident exporting minnow
23.2 hauler's dealer's name and address, the route through the state,
23.3 number and species of minnows, and the time it was issued.
23.4 Sec. 41. Minnesota Statutes 2002, section 97C.525,
23.5 subdivision 5, is amended to read:
23.6 Subd. 5. [OUT-OF-STATE VEHICLES.] The nonresident
23.7 exporting minnow hauler dealer must transport the minnows out of
23.8 the state within 24 hours of the time of issuance stated on the
23.9 bill of lading. A person may not transport minnows in a motor
23.10 vehicle licensed in another state without an exporting
23.11 minnow hauler's dealer's vehicle license.
23.12 Sec. 42. Minnesota Statutes 2003 Supplement, section
23.13 103G.615, subdivision 2, is amended to read:
23.14 Subd. 2. [FEES.] (a) The commissioner shall establish a
23.15 fee schedule for permits to control or harvest aquatic plants
23.16 other than wild rice, by order, after holding a public hearing.
23.17 The fees must be set by rule, and section 16A.1283 does not
23.18 apply. The fees may not exceed $750 per permit based upon the
23.19 cost of receiving, processing, analyzing, and issuing the
23.20 permit, and additional costs incurred after the application to
23.21 inspect and monitor the activities authorized by the permit, and
23.22 enforce aquatic plant management rules and permit requirements.
23.23 (b) The fee for a permit for the destruction control of
23.24 rooted aquatic vegetation is $35 for each contiguous parcel of
23.25 shoreline owned by an owner. This fee may not be charged for
23.26 permits issued in connection with purple loosestrife control or
23.27 lakewide Eurasian water milfoil control programs.
23.28 (c) A fee may not be charged to the state or a federal
23.29 governmental agency applying for a permit.
23.30 (d) The money received for the permits under this
23.31 subdivision shall be deposited in the treasury and credited to
23.32 the game and fish fund.
23.33 Sec. 43. Minnesota Statutes 2002, section 103B.611,
23.34 subdivision 3, is amended to read:
23.35 Subd. 3. [POWERS.] Subject to the provisions of chapters
23.36 97A, 103D, 103E, 103G, and 115, and the rules and regulations of
24.1 the respective agencies and governing bodies vested with
24.2 jurisdiction and authority under those chapters, the district
24.3 has the following powers on Lake Minnetonka, excluding the area
24.4 of public drainage ditches or watercourses connected to the lake:
24.5 (1) to regulate the types of boats permitted to use the
24.6 lake and set service fees;
24.7 (2) to regulate, maintain, and police public beaches,
24.8 public docks, and other public facilities for access to the lake
24.9 within the territory of the municipalities, provided that a
24.10 municipality may supersede the district's action under this
24.11 clause by adopting an ordinance specifically referring to the
24.12 district's action by one year after the district's action;
24.13 (3) to limit by rule the use of the lake at various times
24.14 and the use of various parts of the lake;
24.15 (4) to regulate the speed of boats on the lake and the
24.16 conduct of other activities on the lake to secure the safety of
24.17 the public and the most general public use;
24.18 (5) to contract with other law enforcement agencies to
24.19 police the lake and its shore;
24.20 (6) to regulate the construction, installation, and
24.21 maintenance of permanent and temporary docks and moorings
24.22 consistent with federal and state law;
24.23 (7) to regulate the construction and use of mechanical and
24.24 chemical means of deicing the lake and to regulate mechanical
24.25 and chemical means of removal of weeds and algae from the lake;
24.26 (8) to regulate the construction, configuration, size,
24.27 location, and maintenance of commercial marinas and their
24.28 related facilities including parking areas and sanitary
24.29 facilities. The regulation shall be consistent with the
24.30 applicable municipal building codes and zoning ordinances where
24.31 the marinas are located;
24.32 (9) to contract with other governmental bodies to perform
24.33 any of the functions of the district;
24.34 (10) to undertake research to determine the condition and
24.35 development of the lake and the water entering it and to
24.36 transmit their studies to the Pollution Control Agency and other
25.1 interested authorities, and to develop a comprehensive program
25.2 to eliminate pollution;
25.3 (11) to receive financial assistance from and join in
25.4 projects or enter into contracts with federal and state agencies
25.5 for the study and treatment of pollution problems and
25.6 demonstration programs related to them; and
25.7 (12) to petition the board of managers of a watershed
25.8 district in which the lake conservation district is located for
25.9 improvements under section 103D.705; a bond is not required of
25.10 the lake conservation district.
25.11 For purposes of this subdivision "watercourses connected to
25.12 the lake" does not include channels connecting portions of the
25.13 lake to one another.
25.14 Sec. 44. Minnesota Statutes 2003 Supplement, section
25.15 103G.222, subdivision 1, is amended to read:
25.16 Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be
25.17 drained or filled, wholly or partially, unless replaced by
25.18 restoring or creating wetland areas of at least equal public
25.19 value under a replacement plan approved as provided in section
25.20 103G.2242, a replacement plan under a local governmental unit's
25.21 comprehensive wetland protection and management plan approved by
25.22 the board under section 103G.2243, or, if a permit to mine is
25.23 required under section 93.481, under a mining reclamation plan
25.24 approved by the commissioner under the permit to mine. Mining
25.25 reclamation plans shall apply the same principles and standards
25.26 for replacing wetlands by restoration or creation of wetland
25.27 areas that are applicable to mitigation plans approved as
25.28 provided in section 103G.2242. Public value must be determined
25.29 in accordance with section 103B.3355 or a comprehensive wetland
25.30 protection and management plan established under section
25.31 103G.2243. Sections 103G.221 to 103G.2372 also apply to
25.32 excavation in permanently and semipermanently flooded areas of
25.33 types 3, 4, and 5 wetlands.
25.34 (b) Replacement must be guided by the following principles
25.35 in descending order of priority:
25.36 (1) avoiding the direct or indirect impact of the activity
26.1 that may destroy or diminish the wetland;
26.2 (2) minimizing the impact by limiting the degree or
26.3 magnitude of the wetland activity and its implementation;
26.4 (3) rectifying the impact by repairing, rehabilitating, or
26.5 restoring the affected wetland environment;
26.6 (4) reducing or eliminating the impact over time by
26.7 preservation and maintenance operations during the life of the
26.8 activity;
26.9 (5) compensating for the impact by restoring a wetland; and
26.10 (6) compensating for the impact by replacing or providing
26.11 substitute wetland resources or environments.
26.12 For a project involving the draining or filling of wetlands
26.13 in an amount not exceeding 10,000 square feet more than the
26.14 applicable amount in section 103G.2241, subdivision 9, paragraph
26.15 (a), the local government unit may make an on-site sequencing
26.16 determination without a written alternatives analysis from the
26.17 applicant.
26.18 (c) If a wetland is located in a cultivated field, then
26.19 replacement must be accomplished through restoration only
26.20 without regard to the priority order in paragraph (b), provided
26.21 that a deed restriction is placed on the altered wetland
26.22 prohibiting nonagricultural use for at least ten years.
26.23 (d) Restoration and replacement of wetlands must be
26.24 accomplished in accordance with the ecology of the landscape
26.25 area affected.
26.26 (e) Except as provided in paragraph (f), for a wetland or
26.27 public waters wetland located on nonagricultural land,
26.28 replacement must be in the ratio of two acres of replaced
26.29 wetland for each acre of drained or filled wetland.
26.30 (f) For a wetland or public waters wetland located on
26.31 agricultural land or in a greater than 80 percent area,
26.32 replacement must be in the ratio of one acre of replaced wetland
26.33 for each acre of drained or filled wetland.
26.34 (g) Wetlands that are restored or created as a result of an
26.35 approved replacement plan are subject to the provisions of this
26.36 section for any subsequent drainage or filling.
27.1 (h) Except in a greater than 80 percent area, only wetlands
27.2 that have been restored from previously drained or filled
27.3 wetlands, wetlands created by excavation in nonwetlands,
27.4 wetlands created by dikes or dams along public or private
27.5 drainage ditches, or wetlands created by dikes or dams
27.6 associated with the restoration of previously drained or filled
27.7 wetlands may be used in a statewide banking program established
27.8 in rules adopted under section 103G.2242, subdivision 1.
27.9 Modification or conversion of nondegraded naturally occurring
27.10 wetlands from one type to another are not eligible for
27.11 enrollment in a statewide wetlands bank.
27.12 (i) The Technical Evaluation Panel established under
27.13 section 103G.2242, subdivision 2, shall ensure that sufficient
27.14 time has occurred for the wetland to develop wetland
27.15 characteristics of soils, vegetation, and hydrology before
27.16 recommending that the wetland be deposited in the statewide
27.17 wetland bank. If the Technical Evaluation Panel has reason to
27.18 believe that the wetland characteristics may change
27.19 substantially, the panel shall postpone its recommendation until
27.20 the wetland has stabilized.
27.21 (j) This section and sections 103G.223 to 103G.2242,
27.22 103G.2364, and 103G.2365 apply to the state and its departments
27.23 and agencies.
27.24 (k) For projects involving draining or filling of wetlands
27.25 associated with a new public transportation project, and for
27.26 projects expanded solely for additional traffic capacity, public
27.27 transportation authorities may purchase credits from the board
27.28 at the cost to the board to establish credits. Proceeds from
27.29 the sale of credits provided under this paragraph are
27.30 appropriated to the board for the purposes of this paragraph.
27.31 (l) A replacement plan for wetlands is not required for
27.32 individual projects that result in the filling or draining of
27.33 wetlands for the repair, rehabilitation, reconstruction, or
27.34 replacement of a currently serviceable existing state, city,
27.35 county, or town public road necessary, as determined by the
27.36 public transportation authority, to meet state or federal design
28.1 or safety standards or requirements, excluding new roads or
28.2 roads expanded solely for additional traffic capacity lanes.
28.3 This paragraph only applies to authorities for public
28.4 transportation projects that:
28.5 (1) minimize the amount of wetland filling or draining
28.6 associated with the project and consider mitigating important
28.7 site-specific wetland functions on-site;
28.8 (2) except as provided in clause (3), submit
28.9 project-specific reports to the board, the Technical Evaluation
28.10 Panel, the commissioner of natural resources, and members of the
28.11 public requesting a copy at least 30 days prior to construction
28.12 that indicate the location, amount, and type of wetlands to be
28.13 filled or drained by the project or, alternatively, convene an
28.14 annual meeting of the parties required to receive notice to
28.15 review projects to be commenced during the upcoming year; and
28.16 (3) for minor and emergency maintenance work impacting less
28.17 than 10,000 square feet, submit project-specific reports, within
28.18 30 days of commencing the activity, to the board that indicate
28.19 the location, amount, and type of wetlands that have been filled
28.20 or drained.
28.21 Those required to receive notice of public transportation
28.22 projects may appeal minimization, delineation, and on-site
28.23 mitigation decisions made by the public transportation authority
28.24 to the board according to the provisions of section 103G.2242,
28.25 subdivision 9. The Technical Evaluation Panel shall review
28.26 minimization and delineation decisions made by the public
28.27 transportation authority and provide recommendations regarding
28.28 on-site mitigation if requested to do so by the local government
28.29 unit, a contiguous landowner, or a member of the Technical
28.30 Evaluation Panel.
28.31 Except for state public transportation projects, for which
28.32 the state Department of Transportation is responsible, the board
28.33 must replace the wetlands, and wetland areas of public waters if
28.34 authorized by the commissioner or a delegated authority, drained
28.35 or filled by public transportation projects on existing roads.
28.36 Public transportation authorities at their discretion may
29.1 deviate from federal and state design standards on existing road
29.2 projects when practical and reasonable to avoid wetland filling
29.3 or draining, provided that public safety is not unreasonably
29.4 compromised. The local road authority and its officers and
29.5 employees are exempt from liability for any tort claim for
29.6 injury to persons or property arising from travel on the highway
29.7 and related to the deviation from the design standards for
29.8 construction or reconstruction under this paragraph. This
29.9 paragraph does not preclude an action for damages arising from
29.10 negligence in construction or maintenance on a highway.
29.11 (m) If a landowner seeks approval of a replacement plan
29.12 after the proposed project has already affected the wetland, the
29.13 local government unit may require the landowner to replace the
29.14 affected wetland at a ratio not to exceed twice the replacement
29.15 ratio otherwise required.
29.16 (n) A local government unit may request the board to
29.17 reclassify a county or watershed on the basis of its percentage
29.18 of presettlement wetlands remaining. After receipt of
29.19 satisfactory documentation from the local government, the board
29.20 shall change the classification of a county or watershed. If
29.21 requested by the local government unit, the board must assist in
29.22 developing the documentation. Within 30 days of its action to
29.23 approve a change of wetland classifications, the board shall
29.24 publish a notice of the change in the Environmental Quality
29.25 Board Monitor.
29.26 (o) One hundred citizens who reside within the jurisdiction
29.27 of the local government unit may request the local government
29.28 unit to reclassify a county or watershed on the basis of its
29.29 percentage of presettlement wetlands remaining. In support of
29.30 their petition, the citizens shall provide satisfactory
29.31 documentation to the local government unit. The local
29.32 government unit shall consider the petition and forward the
29.33 request to the board under paragraph (n) or provide a reason why
29.34 the petition is denied.
29.35 Sec. 45. [ABOLISHMENT OF ACCOUNT; TRANSFER OF FUNDS.]
29.36 The cross-country ski account in the special revenue fund
30.1 is abolished. All amounts remaining in the cross-country ski
30.2 account in the special revenue fund are transferred to the
30.3 cross-country ski account in the natural resources fund.
30.4 Sec. 46. [LCMR PARKS STUDY.]
30.5 Subdivision 1. [REGIONAL PARKS.] The Legislative
30.6 Commission on Minnesota Resources shall continue studying park
30.7 issues, including the study of funding for operation and
30.8 maintenance costs at regional parks within the seven-county
30.9 metropolitan area and outside the seven-county metropolitan
30.10 area. The commission may make additional recommendations on
30.11 park issues to the 2005 legislature.
30.12 Subd. 2. [FUNDING AUTHORIZATION.] To begin implementing
30.13 the recommendations in the Legislative Commission on Minnesota
30.14 Resources February 2004 parks report, up to $6,000 of the
30.15 appropriation in Laws 2003, chapter 128, article 1, section 9,
30.16 subdivision 3, paragraph (b), is for an agreement with the
30.17 Association of Minnesota Counties to identify and develop a
30.18 comprehensive list of regional parks outside of the seven-county
30.19 metropolitan area, including an inventory of park facilities.
30.20 [EFFECTIVE DATE.] This section is effective the day
30.21 following final enactment.
30.22 Sec. 47. [MINNESOTA FUTURE RESOURCES FUND; ENVIRONMENT AND
30.23 NATURAL RESOURCES TRUST FUND; APPROPRIATIONS CARRYFORWARD.]
30.24 (a) The availability of the appropriations for the
30.25 following projects is extended to June 30, 2005, or for the
30.26 period of any federal money received for the project: Laws
30.27 1999, chapter 231, section 16, subdivision 4, paragraph (b), as
30.28 extended by Laws 2001, First Special Session chapter 2, section
30.29 14, subdivision 18, paragraph (b), Mesabi trail land acquisition
30.30 and development-continuation; and Laws 2001, First Special
30.31 Session chapter 2, section 14, subdivision 5, paragraph (i), as
30.32 extended by Laws 2003, chapter 128, article 1, section 9,
30.33 subdivision 20, paragraph (a), Gateway Trail Bridge.
30.34 (b) The availability of the appropriation for the following
30.35 project is extended to June 30, 2006: Laws 2003, chapter 128,
30.36 article 1, section 9, subdivision 11, paragraph (b), bucks and
31.1 buckthorn: engaging young hunters in restoration.
31.2 (c) The availability of the appropriation for the following
31.3 project is extended to June 30, 2006: Laws 2001, First Special
31.4 Session chapter 2, section 14, subdivision 4, paragraph (e),
31.5 restoring Minnesota's fish and wildlife habitat corridors, and
31.6 after June 30, 2004, the appropriation may be spent as provided
31.7 in Laws 2003, chapter 128, article 1, section 9, subdivision 5,
31.8 paragraph (a), restoring Minnesota's fish and wildlife habitat
31.9 corridors-phase II.
31.10 [EFFECTIVE DATE.] This section is effective the day
31.11 following final enactment.
31.12 Sec. 48. [OPEN SPACE SYSTEM.]
31.13 (a) For purposes of Minnesota Statutes, section 473.351,
31.14 Columbia Parkway, Ridgeway Parkway, and Stinson Boulevard are
31.15 considered to be part of the metropolitan regional recreation
31.16 open space system.
31.17 (b) This section expires August 1, 2007.
31.18 Sec. 49. [REPORT.]
31.19 By January 31, 2005, the commissioner of natural resources
31.20 shall report to the chairs of the house Environment and Natural
31.21 Resources Finance Committee and the senate Environment,
31.22 Agriculture and Economic Development Budget Division on the
31.23 amounts appropriated for the electronic licensing system under
31.24 Minnesota Statutes, section 84.027, subdivision 15, paragraph
31.25 (c), for fiscal years 2005, 2006, and 2007. The report shall
31.26 identify estimated receipts for each individual fee and
31.27 commission and estimated spending for transaction costs, system
31.28 modifications costs, and any other costs for which the money is
31.29 planned to be spent.
31.30 Sec. 50. [RULE AMENDMENT.]
31.31 The commissioner of natural resources shall amend Minnesota
31.32 Rules, part 6280.0450, subpart 4, to conform with section 30 and
31.33 according to Minnesota Statutes, section 14.388, clause (3).
31.34 Except as provided in Minnesota Statutes, section 14.388,
31.35 Minnesota Statutes, section 14.386 does not apply.
31.36 Sec. 51. [REPEALER.]
32.1 (a) Minnesota Statutes 2002, sections 84.862, subdivision
32.2 2; 84.95, subdivision 3; 85.34, subdivision 4; and 97A.485,
32.3 subdivisions 2, 8, and 10; and Minnesota Statutes 2003
32.4 Supplement, section 97A.475, subdivision 28, are repealed.
32.5 (b) If enacted in the 2004 legislative session, chapter
32.6 215, sections 15, 23, and 29, is repealed.
32.7 Sec. 52. [EFFECTIVE DATE.]
32.8 Sections 24 and 51, paragraph (b), are effective the day
32.9 following final enactment. The remainder of this act is
32.10 effective July 1, 2004.