HF 2212

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

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying 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; appropriating money; amending 
  1.15            Minnesota Statutes 2002, sections 84.027, subdivision 
  1.16            15; 84.091, subdivision 1; 84.83, subdivision 2; 
  1.17            84.86, subdivision 1; 84.862, subdivisions 1, 3; 
  1.18            84.87, subdivision 2; 84.872, subdivision 1; 85.41, 
  1.19            subdivisions 2, 4, 5; 85.43; 86B.321, subdivision 2; 
  1.20            86B.521, subdivisions 1, 2; 97A.055, subdivision 4; 
  1.21            97A.311, by adding a subdivision; 97A.434, subdivision 
  1.22            3; 97A.4742, subdivision 4; 97A.485, subdivisions 3, 
  1.23            4, 5, 7, 11; 97C.501, subdivision 4; 97C.525, 
  1.24            subdivisions 3, 5; Minnesota Statutes 2003 Supplement, 
  1.25            sections 84.862, subdivision 2a; 97A.475, subdivision 
  1.26            26; 97A.485, subdivision 6; 103G.615, subdivision 2; 
  1.27            repealing Minnesota Statutes 2002, sections 84.862, 
  1.28            subdivision 2; 84.95, subdivision 3; 97A.485, 
  1.29            subdivisions 2, 8, 10; Minnesota Statutes 2003 
  1.30            Supplement, section 97A.475, subdivision 28. 
  1.31  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.32     Section 1.  Minnesota Statutes 2002, section 84.027, 
  1.33  subdivision 15, is amended to read: 
  1.34     Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
  1.35  may receive an application for, sell, and issue any license, 
  1.36  stamp, permit, registration, or transfer under the jurisdiction 
  1.37  of the commissioner by electronic means, including by 
  1.38  telephone.  Notwithstanding section 97A.472, electronic and 
  2.1   telephone transactions may be made outside of the state.  The 
  2.2   commissioner may: 
  2.3      (1) provide for the electronic transfer of funds generated 
  2.4   by electronic transactions, including by telephone; 
  2.5      (2) assign a license identification number to an applicant 
  2.6   who purchases a hunting or fishing license by electronic means, 
  2.7   to serve as temporary authorization to engage in the licensed 
  2.8   activity until the license is received or expires; 
  2.9      (3) charge and permit agents to charge a fee of individuals 
  2.10  who make electronic transactions and transactions by telephone, 
  2.11  including the issuing fee under section 97A.485, subdivision 6, 
  2.12  and an additional transaction fee not to exceed $3.50; 
  2.13     (4) select up to four volunteer counties, not more than two 
  2.14  in the metropolitan area, to participate in this pilot project 
  2.15  and the counties shall select the participating agents; 
  2.16     (5) upon completion of a pilot project, implement a 
  2.17  statewide system and select the participating agents collect 
  2.18  issuing or filing fees as provided under sections 84.788, 
  2.19  subdivision 3, paragraph (e); 84.798, subdivision 3, paragraph 
  2.20  (b); 84.82, subdivision 2, paragraph (d); 84.8205, subdivisions 
  2.21  5 and 6; 84.922, subdivision 2, paragraph (e); 86B.415, 
  2.22  subdivision 8; and 97A.485, subdivision 6, and collect an 
  2.23  electronic licensing system commission on sales of licenses as 
  2.24  provided under section 97A.485, subdivision 7; and 
  2.25     (6) (5) adopt rules to administer the provisions of this 
  2.26  subdivision. 
  2.27     (b) A county shall not collect a commission for the sale of 
  2.28  licenses or permits made by agents selected by the participating 
  2.29  counties under this subdivision. 
  2.30     (c) Establishment of the transaction fee under paragraph 
  2.31  (a), clause (3), is not subject to the rulemaking procedures of 
  2.32  chapter 14 and section 14.386 does not apply. 
  2.33     (d) (c) Money received from fees and commissions collected 
  2.34  under this subdivision, including interest earned, is annually 
  2.35  appropriated from the game and fish fund and the natural 
  2.36  resources fund to the commissioner for the cost of electronic 
  3.1   licensing. 
  3.2      Sec. 2.  Minnesota Statutes 2002, section 84.091, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [OWNERSHIP.] The state is the owner of wild 
  3.5   rice and other aquatic vegetation growing in public waters.  A 
  3.6   person may not acquire a property interest in wild rice or other 
  3.7   aquatic vegetation or destroy wild rice or aquatic vegetation, 
  3.8   except as authorized under this chapter or section 103G.615.  
  3.9      Sec. 3.  Minnesota Statutes 2002, section 84.83, 
  3.10  subdivision 2, is amended to read: 
  3.11     Subd. 2.  [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the 
  3.12  registration of snowmobiles and the unrefunded gasoline tax 
  3.13  attributable to snowmobile use pursuant to section 296A.18, as 
  3.14  well as the net proceeds from the sale of snowmobiles forfeited 
  3.15  pursuant to section 169A.63, shall be deposited in the state 
  3.16  treasury and credited to the snowmobile trails and enforcement 
  3.17  account.  
  3.18     Sec. 4.  Minnesota Statutes 2002, section 84.86, 
  3.19  subdivision 1, is amended to read: 
  3.20     Subdivision 1.  [REQUIRED RULES.] With a view of achieving 
  3.21  maximum use of snowmobiles consistent with protection of the 
  3.22  environment the commissioner of natural resources shall adopt 
  3.23  rules in the manner provided by chapter 14, for the following 
  3.24  purposes: 
  3.25     (1) Registration of snowmobiles and display of registration 
  3.26  numbers. 
  3.27     (2) Use of snowmobiles insofar as game and fish resources 
  3.28  are affected. 
  3.29     (3) Use of snowmobiles on public lands and waters, or on 
  3.30  grant-in-aid trails. 
  3.31     (4) Uniform signs to be used by the state, counties, and 
  3.32  cities, which are necessary or desirable to control, direct, or 
  3.33  regulate the operation and use of snowmobiles. 
  3.34     (5) Specifications relating to snowmobile mufflers. 
  3.35     (6) A comprehensive snowmobile information and safety 
  3.36  education and training program, including but not limited to the 
  4.1   preparation and dissemination of snowmobile information and 
  4.2   safety advice to the public, the training of snowmobile 
  4.3   operators, and the issuance of snowmobile safety certificates to 
  4.4   snowmobile operators who successfully complete the snowmobile 
  4.5   safety education and training course.  For the purpose of 
  4.6   administering such program and to defray expenses of training 
  4.7   and certifying snowmobile operators, the commissioner shall 
  4.8   collect a fee from each person who receives the youth and young 
  4.9   adult training or the adult training.  The commissioner shall 
  4.10  establish a fee that neither significantly overrecovers nor 
  4.11  underrecovers costs, including overhead costs, involved in 
  4.12  providing the services.  The fee is not subject to the 
  4.13  rulemaking provisions of chapter 14 and section 14.386 does not 
  4.14  apply.  The fees must be deposited in the snowmobile trails and 
  4.15  enforcement account and the amount thereof is appropriated 
  4.16  annually to the Enforcement Division of the Department of 
  4.17  Natural Resources for the administration of such programs.  In 
  4.18  addition to the fee established by the commissioner, instructors 
  4.19  may charge each person up to the established fee amount for 
  4.20  class materials and expenses.  The commissioner shall cooperate 
  4.21  with private organizations and associations, private and public 
  4.22  corporations, and local governmental units in furtherance of the 
  4.23  program established under this clause.  School districts may 
  4.24  cooperate with the commissioner and volunteer instructors to 
  4.25  provide space for the classroom portion of the training.  The 
  4.26  commissioner shall consult with the commissioner of public 
  4.27  safety in regard to training program subject matter and 
  4.28  performance testing that leads to the certification of 
  4.29  snowmobile operators. 
  4.30     (7) The operator of any snowmobile involved in an accident 
  4.31  resulting in injury requiring medical attention or 
  4.32  hospitalization to or death of any person or total damage to an 
  4.33  extent of $500 or more, shall forward a written report of the 
  4.34  accident to the commissioner on such form as the commissioner 
  4.35  shall prescribe.  If the operator is killed or is unable to file 
  4.36  a report due to incapacitation, any peace officer investigating 
  5.1   the accident shall file the accident report within ten business 
  5.2   days. 
  5.3      Sec. 5.  Minnesota Statutes 2002, section 84.862, 
  5.4   subdivision 1, is amended to read: 
  5.5      Subdivision 1.  [YOUTH AND YOUNG ADULT SAFETY TRAINING.] 
  5.6   (a) Effective October 1, 1998, Any resident born after December 
  5.7   31, 1979 1976, who operates a snowmobile in Minnesota, must 
  5.8   possess: 
  5.9      (1) a valid snowmobile safety certificate; 
  5.10     (2) a driver's license that has a valid snowmobile 
  5.11  qualification indicator issued under section 171.07, subdivision 
  5.12  12; or 
  5.13     (3) an identification card that has a valid snowmobile 
  5.14  qualification indicator issued under section 171.07, subdivision 
  5.15  12.  
  5.16     (b) For youth or adults taking the youth course, the 
  5.17  certificate or qualification indicator may only be issued upon 
  5.18  successful completion of a course authorized under section 
  5.19  84.86.  Either the youth course under this subdivision paragraph 
  5.20  or the adult course under subdivision 2 paragraph (c) may be 
  5.21  completed by persons 16 years of age or older. 
  5.22     (c) Persons 16 years of age or older may take the adult 
  5.23  snowmobile safety training course.  The certificate or 
  5.24  qualification indicator may only be issued upon successful 
  5.25  completion of a safety course designed for adults or persons 16 
  5.26  years of age or older. 
  5.27     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  5.28  84.862, subdivision 2a, is amended to read: 
  5.29     Subd. 2a.  [CERTIFICATES ISSUED IN OTHER STATES.] If a 
  5.30  person completes a safety course in another state that is 
  5.31  recognized by the commissioner under a reciprocity agreement or 
  5.32  certified by the commissioner as substantially similar to 
  5.33  requirements in this state, evidence that the person has 
  5.34  completed that course is acceptable in lieu of a certificate 
  5.35  under this section. 
  5.36     Sec. 7.  Minnesota Statutes 2002, section 84.862, 
  6.1   subdivision 3, is amended to read: 
  6.2      Subd. 3.  [TRAINING FOR OFFENDERS.] Any person who is 
  6.3   convicted for a second or subsequent speeding violation in a 
  6.4   snowmobile season, or any conviction for careless or reckless 
  6.5   operation of a snowmobile, must successfully complete the a 
  6.6   training course in subdivision 1 or 2 before continuing 
  6.7   operation of a snowmobile. 
  6.8      Sec. 8.  Minnesota Statutes 2002, section 84.87, 
  6.9   subdivision 2, is amended to read: 
  6.10     Subd. 2.  [OPERATION GENERALLY.] It shall be unlawful for 
  6.11  any person to drive or operate any snowmobile in the following 
  6.12  unsafe or harassing ways: 
  6.13     (1) at a rate of speed greater than reasonable or proper 
  6.14  under all the surrounding circumstances; 
  6.15     (2) in a careless, or reckless or negligent manner so as to 
  6.16  endanger the person or property of another or to cause injury or 
  6.17  damage thereto as provided under section 169.13; 
  6.18     (3) without a lighted head and taillight when required for 
  6.19  safety; or 
  6.20     (4) in any tree nursery or planting in a manner which 
  6.21  damages or destroys growing stock. 
  6.22     Sec. 9.  Minnesota Statutes 2002, section 84.872, 
  6.23  subdivision 1, is amended to read: 
  6.24     Subdivision 1.  [RESTRICTIONS ON OPERATION.] (a) 
  6.25  Notwithstanding anything in section 84.87 to the contrary, no 
  6.26  person under 14 years of age shall make a direct crossing of a 
  6.27  trunk, county state-aid, or county highway as the operator of a 
  6.28  snowmobile, or operate a snowmobile upon a street or highway 
  6.29  within a municipality. 
  6.30     A person 14 years of age or older, but less than 18 years 
  6.31  of age, may make a direct crossing of a trunk, county state-aid, 
  6.32  or county highway only if the person has in immediate possession:
  6.33     (1) a valid snowmobile safety certificate issued by the 
  6.34  commissioner; 
  6.35     (2) a driver's license that has a valid snowmobile 
  6.36  qualification indicator issued under section 171.07, subdivision 
  7.1   12; or 
  7.2      (3) an identification card that has a valid snowmobile 
  7.3   qualification indicator issued under section 171.07, subdivision 
  7.4   12. 
  7.5      (b) Notwithstanding section 84.862, no person under the age 
  7.6   of 14 years shall operate a snowmobile on any public land, 
  7.7   public easements, or water or grant-in-aid trail unless 
  7.8   supervised by or accompanied by one of the following listed 
  7.9   persons on the same or an accompanying snowmobile, or on a 
  7.10  device towed by the same or an accompanying snowmobile:  the 
  7.11  person's parent, legal guardian, or other person 18 years of age 
  7.12  or older designated by the parent or guardian.  However, a 
  7.13  person 12 years of age or older but under the age of 14 years 
  7.14  may operate a snowmobile on public lands, public easements, and 
  7.15  waters or a grant-in-aid trail if the person has in immediate 
  7.16  possession a valid snowmobile safety certificate issued by the 
  7.17  commissioner or an identification card with a valid snowmobile 
  7.18  qualification indicator issued under section 171.07, subdivision 
  7.19  12.  
  7.20     (c) The snowmobile safety certificate exceptions under 
  7.21  paragraph (b) do not allow a person under the age of 14 years to 
  7.22  make a direct crossing of a highway as the operator of a 
  7.23  snowmobile or to operate a snowmobile upon a street or highway, 
  7.24  as prohibited under paragraph (a). 
  7.25     Sec. 10.  Minnesota Statutes 2002, section 85.41, 
  7.26  subdivision 2, is amended to read: 
  7.27     Subd. 2.  [LICENSE AGENTS.] (a) County auditors are 
  7.28  appointed agents of the commissioner for the sale of 
  7.29  cross-country ski passes.  The commissioner may appoint other 
  7.30  state agencies as agents for the sale of passes.  A county 
  7.31  auditor The commissioner may appoint subagents within the county 
  7.32  or within adjacent counties agents to issue and sell 
  7.33  cross-country ski passes.  Upon appointment the auditor shall 
  7.34  notify the commissioner of the name and address of the 
  7.35  subagent.  The auditor commissioner may revoke the appointment 
  7.36  of a subagent, and the commissioner may revoke the appointment 
  8.1   of a state agency, an agent at any time.  Upon demand of the 
  8.2   commissioner, the auditor shall revoke a subagent's 
  8.3   appointment.  The auditor shall furnish pass blanks on 
  8.4   consignment to any subagent who furnishes a surety bond in favor 
  8.5   of the county in an amount at least equal to the value of the 
  8.6   blanks to be consigned to that subagent.  A surety bond is not 
  8.7   required of a state agency appointed by the commissioner.  The 
  8.8   county auditor shall be responsible for all blanks issued to, 
  8.9   and user fees received by agents, except in St. Louis County or 
  8.10  in a county where the county auditor does not retain fees paid 
  8.11  for license purposes.  In these counties, the responsibilities 
  8.12  imposed upon the county auditor are imposed upon the county.  
  8.13     (b) The commissioner may promulgate additional rules as 
  8.14  provided in section 97A.485, subdivision 11.  Any resident 
  8.15  desiring to sell cross-country ski passes may either purchase 
  8.16  for cash or obtain on consignment pass blanks from a county 
  8.17  auditor in groups of not less than ten individual blanks.  In 
  8.18  selling passes, the resident shall be deemed a subagent of the 
  8.19  county auditor and the commissioner, and An agent shall observe 
  8.20  all rules promulgated by the commissioner for the accounting and 
  8.21  handling of licenses pursuant to section 97A.485, subdivision 11.
  8.22     The county auditor shall (c) An agent must promptly deposit 
  8.23  and remit all moneys received from the sale of passes with the 
  8.24  county treasurer, and shall promptly transmit any reports 
  8.25  required by, except issuing fees, to the commissioner, plus 96 
  8.26  percent of the price to each pass holder, exclusive of the 
  8.27  issuing fee, for each pass sold or consigned by the auditor and 
  8.28  subsequently sold to a pass holder during the accounting 
  8.29  period.  The county auditor shall retain as a commission four 
  8.30  percent of all pass fees, excluding the issuing fee for passes 
  8.31  consigned to subagents and the issuing fee on passes sold by the 
  8.32  auditor to pass holders.  
  8.33     Unsold blanks in the hands of any subagent shall be 
  8.34  redeemed by the commissioner if presented for redemption within 
  8.35  the time prescribed by the commissioner.  Any blanks not 
  8.36  presented for redemption within the period prescribed shall be 
  9.1   conclusively presumed to have been sold, and the subagent 
  9.2   possessing the same or to whom they are charged shall be 
  9.3   accountable.  
  9.4      Sec. 11.  Minnesota Statutes 2002, section 85.41, 
  9.5   subdivision 4, is amended to read: 
  9.6      Subd. 4.  [FORM ISSUANCE.] The department commissioner and 
  9.7   agents shall provide forms and blanks to all agents authorized 
  9.8   to issue and sell cross-country ski passes by the commissioner.  
  9.9   The pass shall be with the skier and available for inspection by 
  9.10  any peace or conservation officer.  The pass shall include the 
  9.11  applicant's signature and other information deemed necessary by 
  9.12  the commissioner. 
  9.13     Sec. 12.  Minnesota Statutes 2002, section 85.41, 
  9.14  subdivision 5, is amended to read: 
  9.15     Subd. 5.  [ISSUING FEE.] The fee for a cross-country ski 
  9.16  pass shall be increased by the amount of an issuing fee of $1 
  9.17  per pass.  The issuing fee shall be retained by the seller of 
  9.18  the pass.  A pass shall indicate the amount of the fee that is 
  9.19  retained by the seller The commissioner shall retain the issuing 
  9.20  fee on passes sold by the commissioner.  
  9.21     Sec. 13.  Minnesota Statutes 2002, section 85.43, is 
  9.22  amended to read: 
  9.23     85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 
  9.24     (a) Fees from cross-country ski passes shall be deposited 
  9.25  in the state treasury and credited to a cross-country ski 
  9.26  account and are appropriated to the commissioner of natural 
  9.27  resources for: 
  9.28     (a) (1) grants-in-aid for cross-country ski trails 
  9.29  sponsored by local units of government and special park 
  9.30  districts as provided in section 85.44; and 
  9.31     (b) (2) maintenance, winter grooming, and associated 
  9.32  administrative costs for cross-country ski trails under the 
  9.33  jurisdiction of the commissioner. 
  9.34     (b) A commission of 4-7/10 percent of all cross-country ski 
  9.35  pass fees collected, and the issuing fee on passes sold by the 
  9.36  commissioner, are appropriated to the commissioner from the 
 10.1   cross-country ski account in the special revenue fund for the 
 10.2   operation of the electronic licensing system. 
 10.3      Sec. 14.  Minnesota Statutes 2002, section 86B.321, 
 10.4   subdivision 2, is amended to read: 
 10.5      Subd. 2.  [NOISE LIMITS.] (a) The noise limits for the 
 10.6   total noise from the marine engine or motorboat may not exceed:  
 10.7      (1) for marine engines or motorboats manufactured before 
 10.8   January 1, 1982, a noise level of 84 decibels on the A scale 
 10.9   measured at a distance of 50 feet from the motorboat or 
 10.10  equivalent noise levels at other distances as specified by the 
 10.11  commissioner in a pass-by test or 86 decibels on the A scale 
 10.12  measured at idle in a stationary test at least four feet above 
 10.13  the water and at least four feet behind the transom of the 
 10.14  motorboat being tested; and 
 10.15     (2) for marine engines or motorboats manufactured on or 
 10.16  after January 1, 1982, a noise level of 82 decibels on the A 
 10.17  scale measured at a distance of 50 feet from the motorboat or 
 10.18  equivalent noise levels at other distances as specified by the 
 10.19  commissioner in a pass-by test or 84 decibels on the A scale 
 10.20  measured at idle in a stationary test at least four feet above 
 10.21  the water and at least four feet behind the transom of the 
 10.22  motorboat being tested.  
 10.23     (b) The noise limits in paragraph (a) do not preclude 
 10.24  enforcement of other laws relating to motorboat noise.  The 
 10.25  officer or deputy doing the testing shall determine which test 
 10.26  or tests shall be used.  Failure to pass either the pass-by or 
 10.27  stationary idle test is a violation of this section. 
 10.28     Sec. 15.  Minnesota Statutes 2002, section 86B.521, 
 10.29  subdivision 1, is amended to read: 
 10.30     Subdivision 1.  [EXHAUST MUFFLING SYSTEM REQUIRED.] A motor 
 10.31  may not be used on a motorboat unless it is equipped with an 
 10.32  efficient muffler, underwater exhaust, or other device that 
 10.33  adequately muffles or suppresses the sound of the exhaust of the 
 10.34  motor so as to prevent excessive or unusual noise.  A motor may 
 10.35  not be equipped with a cutout an altered muffler, muffler 
 10.36  cutout, muffler bypass, or any other device designed or 
 11.1   installed so that it can be used to continually or 
 11.2   intermittently bypass any muffler or muffler system installed in 
 11.3   the motorboat or to reduce or eliminate the effectiveness of 
 11.4   such a muffler or muffler system.  
 11.5      Sec. 16.  Minnesota Statutes 2002, section 86B.521, 
 11.6   subdivision 2, is amended to read: 
 11.7      Subd. 2.  [SALE OF MOTOR THAT EXCEEDS NOISE LIMITS 
 11.8   PROHIBITED.] A person may not sell or offer for sale a new 
 11.9   marine engine or motorboat that would exceed the noise limits 
 11.10  contained in section 86B.321, subdivision 2, under a test 
 11.11  procedure approved by the commissioner if the motor is 
 11.12  maintained according to the manufacturer's specifications.  
 11.13     Sec. 17.  Minnesota Statutes 2002, section 97A.055, 
 11.14  subdivision 4, is amended to read: 
 11.15     Subd. 4.  [GAME AND FISH ANNUAL REPORTS.] (a) By November 
 11.16  December 15 each year, the commissioner shall submit to the 
 11.17  legislative committees having jurisdiction over appropriations 
 11.18  and the environment and natural resources reports on each of the 
 11.19  following: 
 11.20     (1) the amount of revenue from the following and purposes 
 11.21  for which expenditures were made: 
 11.22     (i) the small game license surcharge under section 97A.475, 
 11.23  subdivision 4; 
 11.24     (ii) the Minnesota migratory waterfowl stamp under section 
 11.25  97A.475, subdivision 5, clause (1); 
 11.26     (iii) the trout and salmon stamp under section 97A.475, 
 11.27  subdivision 10; 
 11.28     (iv) the pheasant stamp under section 97A.475, subdivision 
 11.29  5, clause (2); and 
 11.30     (v) the turkey stamp under section 97A.475, subdivision 5, 
 11.31  clause (3); 
 11.32     (2) the amounts available under section 97A.075, 
 11.33  subdivision 1, paragraphs (b) and (c), and the purposes for 
 11.34  which these amounts were spent; 
 11.35     (3) money credited to the game and fish fund under this 
 11.36  section and purposes for which expenditures were made from the 
 12.1   fund; 
 12.2      (4) outcome goals for the expenditures from the game and 
 12.3   fish fund; and 
 12.4      (5) summary and comments of citizen oversight committee 
 12.5   reviews under subdivision 4a. 
 12.6      (b) The report must include the commissioner's 
 12.7   recommendations, if any, for changes in the laws relating to the 
 12.8   stamps and surcharge referenced in paragraph (a). 
 12.9      Sec. 18.  Minnesota Statutes 2002, section 97A.311, is 
 12.10  amended by adding a subdivision to read: 
 12.11     Subd. 5.  [REFUNDS.] (a) The commissioner may issue a 
 12.12  refund on a license, not including any issuing fees paid under 
 12.13  section 97A.485, subdivision 6, if: 
 12.14     (1) the licensee dies before the opening of the licensed 
 12.15  season.  The original license and a copy of the death 
 12.16  certificate must be provided to the commissioner; or 
 12.17     (2) the licensee is unable to participate in the licensed 
 12.18  activity because the licensee is called to active military duty 
 12.19  or military leave is canceled during the entire open season of 
 12.20  the licensed activity.  The original license and a copy of the 
 12.21  military orders or notice of cancellation of leave must be 
 12.22  provided to the commissioner. 
 12.23     (b) This subdivision does not apply to lifetime licenses. 
 12.24     Sec. 19.  Minnesota Statutes 2002, section 97A.434, 
 12.25  subdivision 3, is amended to read: 
 12.26     Subd. 3.  [APPLICATION FOR LICENSE.] An application for a 
 12.27  prairie chicken license must be made in a manner provided by the 
 12.28  commissioner and accompanied by a $4 application fee.  The $4 
 12.29  application fee is appropriated as prescribed in section 84.027, 
 12.30  subdivision 15, paragraph (d) (c), to pay for costs associated 
 12.31  with conducting the prairie chicken license drawing.  A person 
 12.32  may not make more than one application for each season.  If a 
 12.33  person makes more than one application, the person is ineligible 
 12.34  for a license for that season after determination by the 
 12.35  commissioner, without a hearing.  
 12.36     Sec. 20.  Minnesota Statutes 2002, section 97A.4742, 
 13.1   subdivision 4, is amended to read: 
 13.2      Subd. 4.  [ANNUAL REPORT.] By November December 15 each 
 13.3   year, the commissioner shall submit a report to the legislative 
 13.4   committees having jurisdiction over environment and natural 
 13.5   resources appropriations and environment and natural resources 
 13.6   policy.  The report shall state the amount of revenue received 
 13.7   in and expenditures made from revenue transferred from the 
 13.8   lifetime fish and wildlife trust fund to the game and fish fund 
 13.9   and shall describe projects funded, locations of the projects, 
 13.10  and results and benefits from the projects.  The report may be 
 13.11  included in the game and fish fund report required by section 
 13.12  97A.055, subdivision 4.  The commissioner shall make the annual 
 13.13  report available to the public. 
 13.14     Sec. 21.  Minnesota Statutes 2003 Supplement, section 
 13.15  97A.475, subdivision 26, is amended to read: 
 13.16     Subd. 26.  [MINNOW DEALERS.] The fees for the following 
 13.17  licenses are:  
 13.18     (1) minnow dealer, $310; 
 13.19     (2) minnow dealer's vehicle, $15; 
 13.20     (3) exporting minnow dealer for residents and nonresidents, 
 13.21  $700; and 
 13.22     (4) exporting minnow dealer's vehicle for residents and 
 13.23  nonresidents, $15. 
 13.24     Sec. 22.  Minnesota Statutes 2002, section 97A.485, 
 13.25  subdivision 3, is amended to read: 
 13.26     Subd. 3.  [APPOINTMENT OF SUBAGENTS AGENTS.] A county 
 13.27  auditor The commissioner may appoint residents to be subagents 
 13.28  agents of the auditor within the county or adjacent 
 13.29  counties commissioner to issue and sell licenses.  The auditor 
 13.30  shall notify the commissioner of the name and address of a 
 13.31  subagent when appointed.  The appointment may be revoked by 
 13.32  the auditor commissioner at any time, and when directed by the 
 13.33  commissioner, the auditor must revoke the appointment.  
 13.34     Sec. 23.  Minnesota Statutes 2002, section 97A.485, 
 13.35  subdivision 4, is amended to read: 
 13.36     Subd. 4.  [APPLICATION TO SELL LICENSES BY SUBAGENT AGENT.] 
 14.1   To be a subagent an agent, a person must apply to the 
 14.2   commissioner in writing to an appropriate county auditor and in 
 14.3   a manner approved by the commissioner.  The auditor must provide 
 14.4   a subagent the choice either to provide a bond for licenses on 
 14.5   consignment, or pay for licenses before furnishing the 
 14.6   licenses.  License application forms may only be furnished to 
 14.7   subagents in groups of ten or more for resident licenses and 
 14.8   five or more for nonresident licenses. 
 14.9      Sec. 24.  Minnesota Statutes 2002, section 97A.485, 
 14.10  subdivision 5, is amended to read: 
 14.11     Subd. 5.  [COUNTY AUDITORS AGENTS RESPONSIBLE FOR LICENSES 
 14.12  AND FEES.] (a) The county auditor is responsible for licenses 
 14.13  and fees received by the subagents, except in a county that has 
 14.14  a population over 150,000 and an area greater than 5,000 square 
 14.15  miles and in a county where the county auditor does not retain 
 14.16  fees paid for licenses.  In these counties the responsibility 
 14.17  imposed on the county auditor is imposed on the county.  
 14.18     (b) The county auditor An agent must promptly deposit and 
 14.19  remit all money received from the sale of licenses with the 
 14.20  county treasurer.  The auditor must promptly submit payments and 
 14.21  required reports as required by, except issuing fees, to the 
 14.22  commissioner.  
 14.23     Sec. 25.  Minnesota Statutes 2003 Supplement, section 
 14.24  97A.485, subdivision 6, is amended to read: 
 14.25     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
 14.26  Persons authorized to sell licenses under this section must 
 14.27  issue the following licenses for the license fee and the 
 14.28  following issuing fees:  
 14.29     (1) to take deer or bear with firearms and by archery, the 
 14.30  issuing fee is $1; 
 14.31     (2) Minnesota sporting, the issuing fee is $1; and 
 14.32     (3) to take small game, for a person under age 65 to take 
 14.33  fish by angling or for a person of any age to take fish by 
 14.34  spearing, and to trap fur-bearing animals, the issuing fee is 
 14.35  $1; 
 14.36     (4) for a trout and salmon stamp that is not issued 
 15.1   simultaneously with an angling or sporting license, an issuing 
 15.2   fee of 50 cents may be charged at the discretion of the 
 15.3   authorized seller; 
 15.4      (5) for stamps other than a trout and salmon stamp, and for 
 15.5   a special season Canada goose license, there is no fee; and 
 15.6      (6) for licenses issued without a fee under section 
 15.7   97A.441, there is no fee. 
 15.8      (b) An issuing fee may not be collected for issuance of a 
 15.9   trout and salmon stamp if a stamp validation is issued 
 15.10  simultaneously with the related angling or sporting license.  
 15.11  Only one issuing fee may be collected when selling more than one 
 15.12  trout and salmon stamp in the same transaction after the end of 
 15.13  the season for which the stamp was issued. 
 15.14     (c) The auditor or subagent agent shall keep the issuing 
 15.15  fee as a commission for selling the licenses.  
 15.16     (d) The commissioner shall collect the issuing fee on 
 15.17  licenses sold by the commissioner. 
 15.18     (e) A license, except stamps, must state the amount of the 
 15.19  issuing fee and that the issuing fee is kept by the seller as a 
 15.20  commission for selling the licenses. 
 15.21     (f) For duplicate licenses, the issuing fees are: 
 15.22     (1) for licenses to take big game, 75 cents; and 
 15.23     (2) for other licenses, 50 cents. 
 15.24     (g) The commissioner may issue one-day angling licenses in 
 15.25  books of ten licenses each to fishing guides operating charter 
 15.26  boats upon receipt of payment of all license fees, excluding the 
 15.27  issuing fee required under this section.  Copies of sold and 
 15.28  unsold licenses shall be returned to the commissioner.  The 
 15.29  commissioner shall refund the charter boat captain for the 
 15.30  license fees of all unsold licenses.  Copies of sold licenses 
 15.31  shall be maintained by the commissioner for one year. 
 15.32     Sec. 26.  Minnesota Statutes 2002, section 97A.485, 
 15.33  subdivision 7, is amended to read: 
 15.34     Subd. 7.  [COUNTY AUDITOR'S ELECTRONIC LICENSING SYSTEM 
 15.35  COMMISSION.] The county auditor commissioner shall retain for 
 15.36  the county treasury operation of the electronic licensing system 
 16.1   a commission of four 4-7/10 percent of all license fees 
 16.2   collected by the auditor and the auditor's subagents, excluding: 
 16.3      (1) the small game surcharge; 
 16.4      (2) all issuing fees; and 
 16.5      (3) $2.50 of the license fee for the licenses in section 
 16.6   97A.475, subdivisions 6, clauses (1), (3), and (5), 7, 8, 12, 
 16.7   and 13; and 
 16.8      (4) the license to take fish by angling for persons age 65 
 16.9   and over.  In addition, the auditor shall collect the issuing 
 16.10  fees on licenses sold by the auditor to a licensee.  
 16.11     Sec. 27.  Minnesota Statutes 2002, section 97A.485, 
 16.12  subdivision 11, is amended to read: 
 16.13     Subd. 11.  [RULES FOR ACCOUNTING AND PROCEDURES.] The 
 16.14  commissioner shall prescribe rules for the accounting and 
 16.15  procedural requirements necessary to assure the efficient 
 16.16  handling of licenses and license fees.  The commissioner may, by 
 16.17  rule, establish standards for the appointment and revocation of 
 16.18  subagents agents to assure the efficient distribution of 
 16.19  licenses throughout the state.  
 16.20     Sec. 28.  Minnesota Statutes 2002, section 97C.501, 
 16.21  subdivision 4, is amended to read: 
 16.22     Subd. 4.  [NONRESIDENT EXPORTING MINNOW HAULERS DEALERS.] 
 16.23  (a) A nonresident may not transport minnows in a motor vehicle 
 16.24  without an exporting minnow hauler license.  
 16.25     (b) A nonresident must obtain an exporting minnow hauler's 
 16.26  dealer's vehicle license for the motor vehicle used to transport 
 16.27  minnows.  The serial number, motor vehicle license number, make, 
 16.28  and model must be on the license.  The license must be 
 16.29  conspicuously displayed in the vehicle.  
 16.30     (c) (b) Only one nonresident motor exporting minnow dealer 
 16.31  vehicle license may be issued to an a nonresident exporting 
 16.32  minnow hauler dealer.  
 16.33     Sec. 29.  Minnesota Statutes 2002, section 97C.525, 
 16.34  subdivision 3, is amended to read: 
 16.35     Subd. 3.  [MINNOW DEALERS AND HAULERS.] A resident minnow 
 16.36  dealer or a nonresident exporting minnow hauler dealer may 
 17.1   transport minnows out of the state.  A nonresident exporting 
 17.2   minnow hauler dealer must possess a bill of lading issued by a 
 17.3   resident minnow dealer with an exporting minnow dealer's 
 17.4   license.  The bill of lading must be on a form furnished by the 
 17.5   commissioner and must state the nonresident exporting minnow 
 17.6   hauler's dealer's name and address, the route through the state, 
 17.7   number and species of minnows, and the time it was issued. 
 17.8      Sec. 30.  Minnesota Statutes 2002, section 97C.525, 
 17.9   subdivision 5, is amended to read: 
 17.10     Subd. 5.  [OUT-OF-STATE VEHICLES.] The nonresident 
 17.11  exporting minnow hauler dealer must transport the minnows out of 
 17.12  the state within 24 hours of the time of issuance stated on the 
 17.13  bill of lading.  A person may not transport minnows in a motor 
 17.14  vehicle licensed in another state without an exporting 
 17.15  minnow hauler's dealer's vehicle license.  
 17.16     Sec. 31.  Minnesota Statutes 2003 Supplement, section 
 17.17  103G.615, subdivision 2, is amended to read: 
 17.18     Subd. 2.  [FEES.] (a) The commissioner shall, by rule, 
 17.19  establish a fee schedule for permits to control or harvest 
 17.20  aquatic plants other than wild rice, by order, after holding a 
 17.21  public hearing.  The fees may not exceed $750 per permit based 
 17.22  upon the cost of receiving, processing, analyzing, and issuing 
 17.23  the permit, and additional costs incurred after the application 
 17.24  to inspect and monitor the activities authorized by the permit, 
 17.25  and enforce aquatic plant management rules and permit 
 17.26  requirements. 
 17.27     (b) The fee for a permit for the destruction control of 
 17.28  rooted aquatic vegetation is $35 for each contiguous parcel of 
 17.29  shoreline owned by an owner.  This fee may not be charged for 
 17.30  permits issued in connection with purple loosestrife control or 
 17.31  lakewide Eurasian water milfoil control programs. 
 17.32     (c) A fee may not be charged to the state or a federal 
 17.33  governmental agency applying for a permit. 
 17.34     (d) The money received for the permits under this 
 17.35  subdivision shall be deposited in the treasury and credited to 
 17.36  the game and fish fund.  
 18.1      Sec. 32.  [RULE AMENDMENT.] 
 18.2      The commissioner of natural resources shall amend Minnesota 
 18.3   Rules, part 6280.0450, subpart 4, to conform with section 7 and 
 18.4   according to Minnesota Statutes, section 14.388, clause (3).  
 18.5   Except as provided in Minnesota Statutes, section 14.388, 
 18.6   Minnesota Statutes, section 14.386 does not apply. 
 18.7      Sec. 33.  [REPEALER.] 
 18.8      Minnesota Statutes 2002, sections 84.862, subdivision 2; 
 18.9   84.95, subdivision 3; and 97A.485, subdivisions 2, 8, and 10; 
 18.10  and Minnesota Statutes 2003 Supplement, section 97A.475, 
 18.11  subdivision 28, are repealed. 
 18.12     Sec. 34.  [EFFECTIVE DATE.] 
 18.13     Section 14 is effective the day following final enactment.