3rd Engrossment - 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 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; providing for operation of all-terrain 1.7 vehicles with passengers; modifying certain fee 1.8 provisions; eliminating RIM work plan requirement; 1.9 modifying reporting requirements; modifying motorboat 1.10 equipment and noise provisions; modifying provisions 1.11 for cross-country ski passes; providing for certain 1.12 refunds, fees, and commissions; modifying authority to 1.13 issue and sell licenses and appoint agents; modifying 1.14 nonresident minnow transport requirements; providing 1.15 for rulemaking; appropriating money; amending 1.16 Minnesota Statutes 2002, sections 84.027, subdivision 1.17 15; 84.091, subdivision 1; 84.83, subdivision 2; 1.18 84.86, subdivision 1; 84.862, subdivisions 1, 3; 1.19 84.872, subdivision 1; 84.9257; 84.928, subdivision 2; 1.20 85.41, subdivisions 2, 4, 5; 85.43; 86B.321, 1.21 subdivision 2; 86B.521, subdivisions 1, 2; 97A.055, 1.22 subdivision 4; 97A.311, by adding a subdivision; 1.23 97A.434, subdivision 3; 97A.4742, subdivision 4; 1.24 97A.485, subdivisions 3, 4, 5, 7, 11; 97C.501, 1.25 subdivision 4; 97C.525, subdivisions 3, 5; Minnesota 1.26 Statutes 2003 Supplement, sections 84.862, subdivision 1.27 2a; 97A.475, subdivision 26; 97A.485, subdivision 6; 1.28 103G.615, subdivision 2; repealing Minnesota Statutes 1.29 2002, sections 84.862, subdivision 2; 84.95, 1.30 subdivision 3; 97A.485, subdivisions 2, 8, 10; 1.31 Minnesota Statutes 2003 Supplement, section 97A.475, 1.32 subdivision 28. 1.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.34 Section 1. Minnesota Statutes 2002, section 84.027, 1.35 subdivision 15, is amended to read: 1.36 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 1.37 may receive an application for, sell, and issue any license, 1.38 stamp, permit, registration, or transfer under the jurisdiction 1.39 of the commissioner by electronic means, including by 2.1 telephone. Notwithstanding section 97A.472, electronic and 2.2 telephone transactions may be made outside of the state. The 2.3 commissioner may: 2.4 (1) provide for the electronic transfer of funds generated 2.5 by electronic transactions, including by telephone; 2.6 (2) assign a license identification number to an applicant 2.7 who purchases a hunting or fishing license by electronic means, 2.8 to serve as temporary authorization to engage in the licensed 2.9 activity until the license is received or expires; 2.10 (3) charge and permit agents to charge a fee of individuals 2.11 who make electronic transactions and transactions by telephone, 2.12 including the issuing fee under section 97A.485, subdivision 6, 2.13 and an additional transaction fee not to exceed $3.50; 2.14 (4)select up to four volunteer counties, not more than two2.15in the metropolitan area, to participate in this pilot project2.16and the counties shall select the participating agents;2.17(5) upon completion of a pilot project, implement a2.18statewide system and select the participating agentscollect 2.19 issuing or filing fees as provided under sections 84.788, 2.20 subdivision 3, paragraph (e); 84.798, subdivision 3, paragraph 2.21 (b); 84.82, subdivision 2, paragraph (d); 84.8205, subdivisions 2.22 5 and 6; 84.922, subdivision 2, paragraph (e); 86B.415, 2.23 subdivision 8; and 97A.485, subdivision 6, and collect an 2.24 electronic licensing system commission on sales of licenses as 2.25 provided under section 97A.485, subdivision 7; and 2.26(6)(5) adopt rules to administer the provisions of this 2.27 subdivision. 2.28 (b)A county shall not collect a commission for the sale of2.29licenses or permits made by agents selected by the participating2.30counties under this subdivision.2.31(c)Establishment of the transaction fee under paragraph 2.32 (a), clause (3), is not subject to the rulemaking procedures of 2.33 chapter 14 and section 14.386 does not apply. 2.34(d)(c) Money received from fees and commissions collected 2.35 under this subdivision, including interest earned, is annually 2.36 appropriated from the game and fish fund and the natural 3.1 resources fund to the commissioner for the cost of electronic 3.2 licensing. 3.3 Sec. 2. Minnesota Statutes 2002, section 84.091, 3.4 subdivision 1, is amended to read: 3.5 Subdivision 1. [OWNERSHIP.] The state is the owner of wild 3.6 rice and other aquatic vegetation growing in public waters. A 3.7 person may not acquire a property interest in wild rice or other 3.8 aquatic vegetation or destroy wild rice or aquatic vegetation, 3.9 except as authorized under this chapter or section 103G.615. 3.10 Sec. 3. Minnesota Statutes 2002, section 84.83, 3.11 subdivision 2, is amended to read: 3.12 Subd. 2. [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the 3.13 registration of snowmobiles and the unrefunded gasoline tax 3.14 attributable to snowmobile use pursuant to section 296A.18, as3.15well as the net proceeds from the sale of snowmobiles forfeited3.16pursuant to section 169A.63,shall be deposited in the state 3.17 treasury and credited to the snowmobile trails and enforcement 3.18 account. 3.19 Sec. 4. Minnesota Statutes 2002, section 84.86, 3.20 subdivision 1, is amended to read: 3.21 Subdivision 1. [REQUIRED RULES.] With a view of achieving 3.22 maximum use of snowmobiles consistent with protection of the 3.23 environment the commissioner of natural resources shall adopt 3.24 rules in the manner provided by chapter 14, for the following 3.25 purposes: 3.26 (1) Registration of snowmobiles and display of registration 3.27 numbers. 3.28 (2) Use of snowmobiles insofar as game and fish resources 3.29 are affected. 3.30 (3) Use of snowmobiles on public lands and waters, or on 3.31 grant-in-aid trails. 3.32 (4) Uniform signs to be used by the state, counties, and 3.33 cities, which are necessary or desirable to control, direct, or 3.34 regulate the operation and use of snowmobiles. 3.35 (5) Specifications relating to snowmobile mufflers. 3.36 (6) A comprehensive snowmobile information and safety 4.1 education and training program, including but not limited to the 4.2 preparation and dissemination of snowmobile information and 4.3 safety advice to the public, the training of snowmobile 4.4 operators, and the issuance of snowmobile safety certificates to 4.5 snowmobile operators who successfully complete the snowmobile 4.6 safety education and training course. For the purpose of 4.7 administering such program and to defray expenses of training 4.8 and certifying snowmobile operators, the commissioner shall 4.9 collect a fee from each person who receives the youthand young4.10adult trainingortheadult training. The commissioner shall 4.11 establish a fee that neither significantly overrecovers nor 4.12 underrecovers costs, including overhead costs, involved in 4.13 providing the services. The fee is not subject to the 4.14 rulemaking provisions of chapter 14 and section 14.386 does not 4.15 apply. The fees must be deposited in the snowmobile trails and 4.16 enforcement account and the amount thereof is appropriated 4.17 annually to the Enforcement Division of the Department of 4.18 Natural Resources for the administration of such programs. In 4.19 addition to the fee established by the commissioner, instructors 4.20 may charge each person up to the established fee amount for 4.21 class materials and expenses. The commissioner shall cooperate 4.22 with private organizations and associations, private and public 4.23 corporations, and local governmental units in furtherance of the 4.24 program established under this clause. School districts may 4.25 cooperate with the commissioner and volunteer instructors to 4.26 provide space for the classroom portion of the training. The 4.27 commissioner shall consult with the commissioner of public 4.28 safety in regard to training program subject matter and 4.29 performance testing that leads to the certification of 4.30 snowmobile operators. 4.31 (7) The operator of any snowmobile involved in an accident 4.32 resulting in injury requiring medical attention or 4.33 hospitalization to or death of any person or total damage to an 4.34 extent of $500 or more, shall forward a written report of the 4.35 accident to the commissioner on such form as the commissioner 4.36 shall prescribe. If the operator is killed or is unable to file 5.1 a report due to incapacitation, any peace officer investigating 5.2 the accident shall file the accident report within ten business 5.3 days. 5.4 Sec. 5. Minnesota Statutes 2002, section 84.862, 5.5 subdivision 1, is amended to read: 5.6 Subdivision 1. [YOUTH ANDYOUNGADULT SAFETY TRAINING.] 5.7 (a)Effective October 1, 1998,Any resident born after December 5.8 31,19791976, who operates a snowmobile in Minnesota, must 5.9 possess: 5.10 (1) a valid snowmobile safety certificate; 5.11 (2) a driver's license that has a valid snowmobile 5.12 qualification indicator issued under section 171.07, subdivision 5.13 12; or 5.14 (3) an identification card that has a valid snowmobile 5.15 qualification indicator issued under section 171.07, subdivision 5.16 12. 5.17 (b) For youth or adults taking the youth course, the 5.18 certificate or qualification indicator may only be issued upon 5.19 successful completion of a course authorized under section 5.20 84.86. Either the youth course under thissubdivisionparagraph 5.21 or the adult course undersubdivision 2paragraph (c) may be 5.22 completed by persons 16 years of age or older. 5.23 (c) Persons 16 years of age or older may take the adult 5.24 snowmobile safety training course. The certificate or 5.25 qualification indicator may only be issued upon successful 5.26 completion of a safety course designed for adults or persons 16 5.27 years of age or older. 5.28 Sec. 6. Minnesota Statutes 2003 Supplement, section 5.29 84.862, subdivision 2a, is amended to read: 5.30 Subd. 2a. [CERTIFICATES ISSUED IN OTHER STATES.] If a 5.31 person completes a safety course in another state that is 5.32 recognized by the commissioner under a reciprocity agreement or 5.33 certified by the commissioner as substantially similar to 5.34 requirements in this state, evidence that the person has 5.35 completed that course is acceptable in lieu of a certificate 5.36 under this section. 6.1 Sec. 7. Minnesota Statutes 2002, section 84.862, 6.2 subdivision 3, is amended to read: 6.3 Subd. 3. [TRAINING FOR OFFENDERS.] Any person who is 6.4 convicted for a second or subsequent speeding violation in a 6.5 snowmobile season, or any conviction for careless or reckless 6.6 operation of a snowmobile, must successfully completethea 6.7 training course in subdivision 1or 2before continuing 6.8 operation of a snowmobile. 6.9 Sec. 8. Minnesota Statutes 2002, section 84.872, 6.10 subdivision 1, is amended to read: 6.11 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a) 6.12 Notwithstanding anything in section 84.87 to the contrary, no 6.13 person under 14 years of age shall make a direct crossing of a 6.14 trunk, county state-aid, or county highway as the operator of a 6.15 snowmobile, or operate a snowmobile upon a street or highway 6.16 within a municipality. 6.17 A person 14 years of age or older, but less than 18 years 6.18 of age, may make a direct crossing of a trunk, county state-aid, 6.19 or county highway only if the person has in immediate possession: 6.20 (1) a valid snowmobile safety certificate issued by the 6.21 commissioner; 6.22 (2) a driver's license that has a valid snowmobile 6.23 qualification indicator issued under section 171.07, subdivision 6.24 12; or 6.25 (3) an identification card that has a valid snowmobile 6.26 qualification indicator issued under section 171.07, subdivision 6.27 12. 6.28 (b) Notwithstanding section 84.862, no person under the age 6.29 of 14 years shall operate a snowmobileon any public land,6.30public easements, or water or grant-in-aid trailunless 6.31 supervised by or accompanied by one of the following listed 6.32 persons on the same or an accompanying snowmobile, or on a 6.33 device towed by the same or an accompanying snowmobile: the 6.34 person's parent, legal guardian, or other person 18 years of age 6.35 or older designated by the parent or guardian. However, a 6.36 person 12 years of age or older but under the age of 14 years 7.1 may operate a snowmobileon public lands, public easements, and7.2waters or a grant-in-aid trailif the person has in immediate 7.3 possession a valid snowmobile safety certificate issued by the 7.4 commissioner or an identification card with a valid snowmobile 7.5 qualification indicator issued under section 171.07, subdivision 7.6 12. 7.7 (c) The snowmobile safety certificate exceptions under 7.8 paragraph (b) do not allow a person under the age of 14 years to 7.9 make a direct crossing of a highway as the operator of a 7.10 snowmobile or to operate a snowmobile upon a street or highway, 7.11 as prohibited under paragraph (a). 7.12 Sec. 9. Minnesota Statutes 2002, section 84.9257, is 7.13 amended to read: 7.14 84.9257 [PASSENGERS.] 7.15 (a) A parent or guardian may operate an all-terrain vehicle 7.16 carrying one passenger who is under 16 years of age and who 7.17 wears a safety helmet approved by the commissioner of public 7.18 safety. 7.19 (b) For the purpose of this section, "guardian" means a 7.20 legal guardian of a person under age 16, or a person 18 or older 7.21 who has been authorized by the parent or legal guardian to 7.22 supervise the person under age 16. 7.23 (c) A person 18 years of age or older may operate an 7.24 all-terrain vehicle carrying one passenger who is 16 or 17 years 7.25 of age and wears a safety helmet approved by the commissioner of 7.26 public safety. 7.27 (d) A person 18 years of age or older may operate an 7.28 all-terrain vehicle carrying one passenger who is 18 years of 7.29 age or older. 7.30 Sec. 10. Minnesota Statutes 2002, section 84.928, 7.31 subdivision 2, is amended to read: 7.32 Subd. 2. [OPERATION GENERALLY.] A person may not drive or 7.33 operate an all-terrain vehicle: 7.34 (1) at a rate of speed greater than reasonable or proper 7.35 under the surrounding circumstances; 7.36 (2) in a careless, reckless, or negligent manner so as to 8.1 endanger or to cause injury or damage to the person or property 8.2 of another; 8.3 (3) without headlight and taillight lighted at all times if 8.4 the vehicle is equipped with headlight and taillight; 8.5 (4) without a functioning stoplight if so equipped; 8.6 (5) in a tree nursery or planting in a manner that damages 8.7 or destroys growing stock; 8.8 (6) without a brake operational by either hand or foot; 8.9 (7) with morepersonsthan one person on the vehiclethan8.10it was designed for, except as allowed under section 84.9257; 8.11 (8) at a speed exceeding ten miles per hour on the frozen 8.12 surface of public waters within 100 feet of a person not on an 8.13 all-terrain vehicle or within 100 feet of a fishing shelter; or 8.14 (9) in a manner that violates operation rules adopted by 8.15 the commissioner. 8.16 Sec. 11. Minnesota Statutes 2002, section 85.41, 8.17 subdivision 2, is amended to read: 8.18 Subd. 2. [LICENSE AGENTS.] (a)County auditors are8.19appointed agents of the commissioner for the sale of8.20cross-country ski passes. The commissioner may appoint other8.21state agencies as agents for the sale of passes. A county8.22auditorThe commissioner may appointsubagents within the county8.23or within adjacent countiesagents to issue and sell 8.24 cross-country ski passes.Upon appointment the auditor shall8.25notify the commissioner of the name and address of the8.26subagent.Theauditorcommissioner may revoke the appointment 8.27 ofa subagent, and the commissioner may revoke the appointment8.28of a state agency,an agent at any time.Upon demand of the8.29commissioner, the auditor shall revoke a subagent's8.30appointment. The auditor shall furnish pass blanks on8.31consignment to any subagent who furnishes a surety bond in favor8.32of the county in an amount at least equal to the value of the8.33blanks to be consigned to that subagent. A surety bond is not8.34required of a state agency appointed by the commissioner. The8.35county auditor shall be responsible for all blanks issued to,8.36and user fees received by agents, except in St. Louis County or9.1in a county where the county auditor does not retain fees paid9.2for license purposes. In these counties, the responsibilities9.3imposed upon the county auditor are imposed upon the county.9.4 (b) The commissioner may promulgate additional rules as 9.5 provided in section 97A.485, subdivision 11.Any resident9.6desiring to sell cross-country ski passes may either purchase9.7for cash or obtain on consignment pass blanks from a county9.8auditor in groups of not less than ten individual blanks. In9.9selling passes, the resident shall be deemed a subagent of the9.10county auditor and the commissioner, andAn agent shall observe 9.11 all rules promulgated by the commissioner for the accounting and 9.12 handling of licenses pursuant to section 97A.485, subdivision 11. 9.13The county auditor shall(c) An agent must promptly deposit 9.14 and remit all moneys received from the sale of passeswith the9.15county treasurer, and shall promptly transmit any reports9.16required by, except issuing fees, to the commissioner, plus 969.17percent of the price to each pass holder, exclusive of the9.18issuing fee, for each pass sold or consigned by the auditor and9.19subsequently sold to a pass holder during the accounting9.20period. The county auditor shall retain as a commission four9.21percent of all pass fees, excluding the issuing fee for passes9.22consigned to subagents and the issuing fee on passes sold by the9.23auditor to pass holders. 9.24Unsold blanks in the hands of any subagent shall be9.25redeemed by the commissioner if presented for redemption within9.26the time prescribed by the commissioner. Any blanks not9.27presented for redemption within the period prescribed shall be9.28conclusively presumed to have been sold, and the subagent9.29possessing the same or to whom they are charged shall be9.30accountable.9.31 Sec. 12. Minnesota Statutes 2002, section 85.41, 9.32 subdivision 4, is amended to read: 9.33 Subd. 4. [FORMISSUANCE.] Thedepartmentcommissioner and 9.34 agents shallprovide forms and blanks to all agents authorized9.35toissue and sell cross-country ski passesby the commissioner. 9.36 The pass shall be with the skier and available for inspection by 10.1 any peace or conservation officer. The pass shall include the 10.2 applicant's signature and other information deemed necessary by 10.3 the commissioner. 10.4 Sec. 13. Minnesota Statutes 2002, section 85.41, 10.5 subdivision 5, is amended to read: 10.6 Subd. 5. [ISSUING FEE.] The fee for a cross-country ski 10.7 pass shall be increased by the amount of an issuing fee of $1 10.8 per pass. The issuing fee shall be retained by the seller of 10.9 the pass.A pass shall indicate the amount of the fee that is10.10retained by the sellerThe commissioner shall retain the issuing 10.11 fee on passes sold by the commissioner. 10.12 Sec. 14. Minnesota Statutes 2002, section 85.43, is 10.13 amended to read: 10.14 85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 10.15 (a) Fees from cross-country ski passes shall be deposited 10.16 in the state treasury and credited to a cross-country ski 10.17 account and are appropriated to the commissioner of natural 10.18 resources for: 10.19(a)(1) grants-in-aid for cross-country ski trails 10.20 sponsored by local units of government and special park 10.21 districts as provided in section 85.44; and 10.22(b)(2) maintenance, winter grooming, and associated 10.23 administrative costs for cross-country ski trails under the 10.24 jurisdiction of the commissioner. 10.25 (b) A commission of 4-7/10 percent of all cross-country ski 10.26 pass fees collected, and the issuing fee on passes sold by the 10.27 commissioner, are appropriated to the commissioner from the 10.28 cross-country ski account in the special revenue fund for the 10.29 operation of the electronic licensing system. 10.30 Sec. 15. Minnesota Statutes 2002, section 86B.321, 10.31 subdivision 2, is amended to read: 10.32 Subd. 2. [NOISE LIMITS.] (a) The noise limits for the 10.33 total noise from the marine engine or motorboat may not exceed: 10.34 (1) for marine engines or motorboats manufactured before 10.35 January 1, 1982, a noise level of 84 decibels on the A scale 10.36 measured at a distance of 50 feet from the motorboat or 11.1 equivalent noise levels at other distances as specified by the 11.2 commissioner in a pass-by test or 86 decibels on the A scale 11.3 measured at idle in a stationary test at least four feet above 11.4 the water and at least four feet behind the transom of the 11.5 motorboat being tested; and 11.6 (2) for marine engines or motorboats manufactured on or 11.7 after January 1, 1982, a noise level of 82 decibels on the A 11.8 scale measured at a distance of 50 feet from the motorboat or 11.9 equivalent noise levels at other distances as specified by the 11.10 commissioner in a pass-by test or 84 decibels on the A scale 11.11 measured at idle in a stationary test at least four feet above 11.12 the water and at least four feet behind the transom of the 11.13 motorboat being tested. 11.14 (b) The noise limits in paragraph (a) do not preclude 11.15 enforcement of other laws relating to motorboat noise. The 11.16 officer or deputy doing the testing shall determine which test 11.17 or tests shall be used. Failure to pass either the pass-by or 11.18 stationary idle test is a violation of this section. 11.19 Sec. 16. Minnesota Statutes 2002, section 86B.521, 11.20 subdivision 1, is amended to read: 11.21 Subdivision 1. [EXHAUST MUFFLING SYSTEM REQUIRED.] A motor 11.22 may not be used on a motorboat unless it is equipped with an 11.23 efficient muffler, underwater exhaust, or other device that 11.24 adequately muffles or suppresses the sound of the exhaust of the 11.25 motor so as to prevent excessive or unusual noise. A motor may 11.26 not be equipped witha cutoutan altered muffler, muffler 11.27 cutout, muffler bypass, or any other device designed or 11.28 installed so that it can be used to continually or 11.29 intermittently bypass any muffler or muffler system installed in 11.30 the motorboat or to reduce or eliminate the effectiveness of 11.31 such a muffler or muffler system. 11.32 Sec. 17. Minnesota Statutes 2002, section 86B.521, 11.33 subdivision 2, is amended to read: 11.34 Subd. 2. [SALE OF MOTOR THAT EXCEEDS NOISE LIMITS 11.35 PROHIBITED.] A person may not sell or offer for sale anew11.36 marine engine or motorboat that would exceed the noise limits 12.1 contained in section 86B.321, subdivision 2, under a test 12.2 procedure approved by the commissioner if the motor is 12.3 maintained according to the manufacturer's specifications. 12.4 Sec. 18. Minnesota Statutes 2002, section 97A.055, 12.5 subdivision 4, is amended to read: 12.6 Subd. 4. [GAME AND FISH ANNUAL REPORTS.] (a) ByNovember12.7 December 15 each year, the commissioner shall submit to the 12.8 legislative committees having jurisdiction over appropriations 12.9 and the environment and natural resources reports on each of the 12.10 following: 12.11 (1) the amount of revenue from the following and purposes 12.12 for which expenditures were made: 12.13 (i) the small game license surcharge under section 97A.475, 12.14 subdivision 4; 12.15 (ii) the Minnesota migratory waterfowl stamp under section 12.16 97A.475, subdivision 5, clause (1); 12.17 (iii) the trout and salmon stamp under section 97A.475, 12.18 subdivision 10; 12.19 (iv) the pheasant stamp under section 97A.475, subdivision 12.20 5, clause (2); and 12.21 (v) the turkey stamp under section 97A.475, subdivision 5, 12.22 clause (3); 12.23 (2) the amounts available under section 97A.075, 12.24 subdivision 1, paragraphs (b) and (c), and the purposes for 12.25 which these amounts were spent; 12.26 (3) money credited to the game and fish fund under this 12.27 section and purposes for which expenditures were made from the 12.28 fund; 12.29 (4) outcome goals for the expenditures from the game and 12.30 fish fund; and 12.31 (5) summary and comments of citizen oversight committee 12.32 reviews under subdivision 4a. 12.33 (b) The report must include the commissioner's 12.34 recommendations, if any, for changes in the laws relating to the 12.35 stamps and surcharge referenced in paragraph (a). 12.36 Sec. 19. Minnesota Statutes 2002, section 97A.311, is 13.1 amended by adding a subdivision to read: 13.2 Subd. 5. [REFUNDS.] (a) The commissioner may issue a 13.3 refund on a license, not including any issuing fees paid under 13.4 section 97A.485, subdivision 6, if: 13.5 (1) the licensee dies before the opening of the licensed 13.6 season. The original license and a copy of the death 13.7 certificate must be provided to the commissioner; or 13.8 (2) the licensee is unable to participate in the licensed 13.9 activity because the licensee is called to active military duty 13.10 or military leave is canceled during the entire open season of 13.11 the licensed activity. The original license and a copy of the 13.12 military orders or notice of cancellation of leave must be 13.13 provided to the commissioner. 13.14 (b) This subdivision does not apply to lifetime licenses. 13.15 Sec. 20. Minnesota Statutes 2002, section 97A.434, 13.16 subdivision 3, is amended to read: 13.17 Subd. 3. [APPLICATION FOR LICENSE.] An application for a 13.18 prairie chicken license must be made in a manner provided by the 13.19 commissioner and accompanied by a $4 application fee. The $4 13.20 application fee is appropriated as prescribed in section 84.027, 13.21 subdivision 15, paragraph(d)(c), to pay for costs associated 13.22 with conducting the prairie chicken license drawing. A person 13.23 may not make more than one application for each season. If a 13.24 person makes more than one application, the person is ineligible 13.25 for a license for that season after determination by the 13.26 commissioner, without a hearing. 13.27 Sec. 21. Minnesota Statutes 2002, section 97A.4742, 13.28 subdivision 4, is amended to read: 13.29 Subd. 4. [ANNUAL REPORT.] ByNovemberDecember 15 each 13.30 year, the commissioner shall submit a report to the legislative 13.31 committees having jurisdiction over environment and natural 13.32 resources appropriations and environment and natural resources 13.33 policy. The report shall state the amount of revenue received 13.34 in and expenditures made from revenue transferred from the 13.35 lifetime fish and wildlife trust fund to the game and fish fund 13.36 and shall describe projects funded, locations of the projects, 14.1 and results and benefits from the projects. The report may be 14.2 included in the game and fish fund report required by section 14.3 97A.055, subdivision 4. The commissioner shall make the annual 14.4 report available to the public. 14.5 Sec. 22. Minnesota Statutes 2003 Supplement, section 14.6 97A.475, subdivision 26, is amended to read: 14.7 Subd. 26. [MINNOW DEALERS.] The fees for the following 14.8 licenses are: 14.9 (1) minnow dealer, $310; 14.10 (2) minnow dealer's vehicle, $15; 14.11 (3) exporting minnow dealer for residents and nonresidents, 14.12 $700; and 14.13 (4) exporting minnow dealer's vehicle for residents and 14.14 nonresidents, $15. 14.15 Sec. 23. Minnesota Statutes 2002, section 97A.485, 14.16 subdivision 3, is amended to read: 14.17 Subd. 3. [APPOINTMENT OFSUBAGENTSAGENTS.]A county14.18auditorThe commissioner may appointresidents to be subagents14.19 agents of theauditor within the county or adjacent14.20countiescommissioner to issue and sell licenses.The auditor14.21shall notify the commissioner of the name and address of a14.22subagent when appointed.The appointment may be revoked by 14.23 theauditorcommissioner at any time, and when directed by the14.24commissioner, the auditor must revoke the appointment. 14.25 Sec. 24. Minnesota Statutes 2002, section 97A.485, 14.26 subdivision 4, is amended to read: 14.27 Subd. 4. [APPLICATION TO SELL LICENSES BYSUBAGENTAGENT.] 14.28 To bea subagentan agent, a person must apply to the 14.29 commissioner in writingto an appropriate county auditorand in 14.30 a manner approved by the commissioner.The auditor must provide14.31a subagent the choice either to provide a bond for licenses on14.32consignment, or pay for licenses before furnishing the14.33licenses. License application forms may only be furnished to14.34subagents in groups of ten or more for resident licenses and14.35five or more for nonresident licenses.14.36 Sec. 25. Minnesota Statutes 2002, section 97A.485, 15.1 subdivision 5, is amended to read: 15.2 Subd. 5. [COUNTY AUDITORSAGENTS RESPONSIBLE FORLICENSES15.3ANDFEES.](a) The county auditor is responsible for licenses15.4and fees received by the subagents, except in a county that has15.5a population over 150,000 and an area greater than 5,000 square15.6miles and in a county where the county auditor does not retain15.7fees paid for licenses. In these counties the responsibility15.8imposed on the county auditor is imposed on the county.15.9(b) The county auditorAn agent must promptly deposit and 15.10 remit all money received from the sale of licenseswith the15.11county treasurer. The auditor must promptly submit payments and15.12required reports as required by, except issuing fees, to the 15.13 commissioner. 15.14 Sec. 26. Minnesota Statutes 2003 Supplement, section 15.15 97A.485, subdivision 6, is amended to read: 15.16 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 15.17 Persons authorized to sell licenses under this section must 15.18 issue the following licenses for the license fee and the 15.19 following issuing fees: 15.20 (1) to take deer or bear with firearms and by archery, the 15.21 issuing fee is $1; 15.22 (2) Minnesota sporting, the issuing fee is $1; and 15.23 (3) to take small game,for a person under age 65to take 15.24 fish by angling orfor a person of any age to take fishby 15.25 spearing, and to trap fur-bearing animals, the issuing fee is 15.26 $1; 15.27 (4) for a trout and salmon stamp that is not issued 15.28 simultaneously with an angling or sporting license, an issuing 15.29 fee of 50 cents may be charged at the discretion of the 15.30 authorized seller; 15.31 (5) for stamps other than a trout and salmon stamp, and for 15.32 a special season Canada goose license, there is no fee; and 15.33 (6) for licenses issued without a fee under section 15.34 97A.441, there is no fee. 15.35 (b) An issuing fee may not be collected for issuance of a 15.36 trout and salmon stamp if a stamp validation is issued 16.1 simultaneously with the related angling or sporting license. 16.2 Only one issuing fee may be collected when selling more than one 16.3 trout and salmon stamp in the same transaction after the end of 16.4 the season for which the stamp was issued. 16.5 (c) Theauditor or subagentagent shall keep the issuing 16.6 fee as a commission for selling the licenses. 16.7 (d) The commissioner shall collect the issuing fee on 16.8 licenses sold by the commissioner. 16.9 (e) A license, except stamps, must state the amount of the 16.10 issuing fee and that the issuing fee is kept by the seller as a 16.11 commission for selling the licenses. 16.12 (f) For duplicate licenses, the issuing fees are: 16.13 (1) for licenses to take big game, 75 cents; and 16.14 (2) for other licenses, 50 cents. 16.15 (g) The commissioner may issue one-day angling licenses in 16.16 books of ten licenses each to fishing guides operating charter 16.17 boats upon receipt of payment of all license fees, excluding the 16.18 issuing fee required under this section. Copies of sold and 16.19 unsold licenses shall be returned to the commissioner. The 16.20 commissioner shall refund the charter boat captain for the 16.21 license fees of all unsold licenses. Copies of sold licenses 16.22 shall be maintained by the commissioner for one year. 16.23 Sec. 27. Minnesota Statutes 2002, section 97A.485, 16.24 subdivision 7, is amended to read: 16.25 Subd. 7. [COUNTY AUDITOR'SELECTRONIC LICENSING SYSTEM 16.26 COMMISSION.] Thecounty auditorcommissioner shallretain16.27 deposit in the game and fish fund and the natural resources fund 16.28 for thecounty treasuryoperation of the electronic licensing 16.29 system a commission offour4-7/10 percent of all license fees 16.30 collectedby the auditor and the auditor's subagents, excluding: 16.31 (1) the small game surcharge; 16.32 (2) all issuing fees; and 16.33 (3) $2.50 of the license fee for the licenses in section 16.34 97A.475, subdivisions 6, clauses (1), (3), and (5), 7, 8, 12, 16.35 and 13; and16.36(4) the license to take fish by angling for persons age 6517.1and over. In addition, the auditor shall collect the issuing17.2fees on licenses sold by the auditor to a licensee. 17.3 Sec. 28. Minnesota Statutes 2002, section 97A.485, 17.4 subdivision 11, is amended to read: 17.5 Subd. 11. [RULES FOR ACCOUNTING AND PROCEDURES.] The 17.6 commissioner shall prescribe rules for the accounting and 17.7 procedural requirements necessary to assure the efficient 17.8 handling of licenses and license fees. The commissioner may, by 17.9 rule, establish standards for the appointment and revocation of 17.10subagentsagents to assure the efficient distribution of 17.11 licenses throughout the state. 17.12 Sec. 29. Minnesota Statutes 2002, section 97C.501, 17.13 subdivision 4, is amended to read: 17.14 Subd. 4. [NONRESIDENT EXPORTING MINNOWHAULERSDEALERS.] 17.15 (a)A nonresident may not transport minnows in a motor vehicle17.16without an exporting minnow hauler license.17.17(b)A nonresident must obtain an exporting minnowhauler's17.18 dealer's vehicle license for the motor vehicle used to transport 17.19 minnows. The serial number, motor vehicle license number, make, 17.20 and model must be on the license. The license must be 17.21 conspicuously displayed in the vehicle. 17.22(c)(b) Only one nonresidentmotorexporting minnow dealer 17.23 vehicle license may be issued toana nonresident exporting 17.24 minnowhaulerdealer. 17.25 Sec. 30. Minnesota Statutes 2002, section 97C.525, 17.26 subdivision 3, is amended to read: 17.27 Subd. 3. [MINNOW DEALERSAND HAULERS.] A resident minnow 17.28 dealer or a nonresident exporting minnowhaulerdealer may 17.29 transport minnows out of the state. A nonresident exporting 17.30 minnowhaulerdealer must possess a bill of lading issued by a 17.31 resident minnow dealer with an exporting minnow dealer's 17.32 license. The bill of lading must be on a form furnished by the 17.33 commissioner and must state the nonresident exporting minnow 17.34hauler'sdealer's name and address, the route through the state, 17.35 number and species of minnows, and the time it was issued. 17.36 Sec. 31. Minnesota Statutes 2002, section 97C.525, 18.1 subdivision 5, is amended to read: 18.2 Subd. 5. [OUT-OF-STATE VEHICLES.] The nonresident 18.3 exporting minnowhaulerdealer must transport the minnows out of 18.4 the state within 24 hours of the time of issuance stated on the 18.5 bill of lading. A person may not transport minnows in a motor 18.6 vehicle licensed in another state without an exporting 18.7 minnowhauler'sdealer's vehicle license. 18.8 Sec. 32. Minnesota Statutes 2003 Supplement, section 18.9 103G.615, subdivision 2, is amended to read: 18.10 Subd. 2. [FEES.] (a) The commissioner shall establish a 18.11 fee schedule for permits to control or harvest aquatic plants 18.12 other than wild rice, by order, after holding a public hearing. 18.13 The fees must be set by rule and section 16A.1283 does not 18.14 apply. The fees may not exceed $750 per permit based upon the 18.15 cost of receiving, processing, analyzing, and issuing the 18.16 permit, and additional costs incurred after the application to 18.17 inspect and monitor the activities authorized by the permit, and 18.18 enforce aquatic plant management rules and permit requirements. 18.19 (b) The fee for a permit for thedestructioncontrol of 18.20 rooted aquatic vegetation is $35 for each contiguous parcel of 18.21 shoreline owned by an owner. This fee may not be charged for 18.22 permits issued in connection with purple loosestrife control or 18.23 lakewide Eurasian water milfoil control programs. 18.24 (c) A fee may not be charged to the state or a federal 18.25 governmental agency applying for a permit. 18.26 (d) The money received for the permits under this 18.27 subdivision shall be deposited in the treasury and credited to 18.28 the game and fish fund. 18.29 Sec. 33. [RULE AMENDMENT.] 18.30 The commissioner of natural resources shall amend Minnesota 18.31 Rules, part 6280.0450, subpart 4, to conform with Minnesota 18.32 Statutes, section 103G.615, subdivision 2, paragraphs (a) and 18.33 (b), and according to Minnesota Statutes, section 14.388, clause 18.34 (3). Except as provided in Minnesota Statutes, section 14.388, 18.35 Minnesota Statutes, section 14.386 does not apply. 18.36 Sec. 34. [REPEALER.] 19.1 Minnesota Statutes 2002, sections 84.862, subdivision 2; 19.2 84.95, subdivision 3; and 97A.485, subdivisions 2, 8, and 10; 19.3 and Minnesota Statutes 2003 Supplement, section 97A.475, 19.4 subdivision 28, are repealed. 19.5 Sec. 35. [EFFECTIVE DATE.] 19.6 Section 15 is effective the day following final enactment.