1st 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; 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 84.872, subdivision 1; 85.41, subdivisions 2, 4, 5; 1.19 85.43; 86B.321, subdivision 2; 86B.521, subdivisions 1.20 1, 2; 97A.055, subdivision 4; 97A.311, by adding a 1.21 subdivision; 97A.434, subdivision 3; 97A.4742, 1.22 subdivision 4; 97A.485, subdivisions 3, 4, 5, 7, 11; 1.23 97C.501, subdivision 4; 97C.525, subdivisions 3, 5; 1.24 Minnesota Statutes 2003 Supplement, sections 84.862, 1.25 subdivision 2a; 97A.475, subdivision 26; 97A.485, 1.26 subdivision 6; 103G.615, subdivision 2; repealing 1.27 Minnesota Statutes 2002, sections 84.862, subdivision 1.28 2; 84.95, subdivision 3; 97A.485, subdivisions 2, 8, 1.29 10; Minnesota Statutes 2003 Supplement, section 1.30 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 two2.14in the metropolitan area, to participate in this pilot project2.15and the counties shall select the participating agents;2.16(5) upon completion of a pilot project, implement a2.17statewide system and select the participating agentscollect 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 of2.28licenses or permits made by agents selected by the participating2.29counties 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, as3.14well as the net proceeds from the sale of snowmobiles forfeited3.15pursuant 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 youthand young4.9adult trainingortheadult 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 ANDYOUNGADULT SAFETY TRAINING.] 5.6 (a)Effective October 1, 1998,Any resident born after December 5.7 31,19791976, 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 thissubdivisionparagraph 5.20 or the adult course undersubdivision 2paragraph (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 completethea 6.6 training course in subdivision 1or 2before continuing 6.7 operation of a snowmobile. 6.8 Sec. 8. Minnesota Statutes 2002, section 84.872, 6.9 subdivision 1, is amended to read: 6.10 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a) 6.11 Notwithstanding anything in section 84.87 to the contrary, no 6.12 person under 14 years of age shall make a direct crossing of a 6.13 trunk, county state-aid, or county highway as the operator of a 6.14 snowmobile, or operate a snowmobile upon a street or highway 6.15 within a municipality. 6.16 A person 14 years of age or older, but less than 18 years 6.17 of age, may make a direct crossing of a trunk, county state-aid, 6.18 or county highway only if the person has in immediate possession: 6.19 (1) a valid snowmobile safety certificate issued by the 6.20 commissioner; 6.21 (2) a driver's license that has a valid snowmobile 6.22 qualification indicator issued under section 171.07, subdivision 6.23 12; or 6.24 (3) an identification card that has a valid snowmobile 6.25 qualification indicator issued under section 171.07, subdivision 6.26 12. 6.27 (b) Notwithstanding section 84.862, no person under the age 6.28 of 14 years shall operate a snowmobileon any public land,6.29public easements, or water or grant-in-aid trailunless 6.30 supervised by or accompanied by one of the following listed 6.31 persons on the same or an accompanying snowmobile, or on a 6.32 device towed by the same or an accompanying snowmobile: the 6.33 person's parent, legal guardian, or other person 18 years of age 6.34 or older designated by the parent or guardian. However, a 6.35 person 12 years of age or older but under the age of 14 years 6.36 may operate a snowmobileon public lands, public easements, and7.1waters or a grant-in-aid trailif the person has in immediate 7.2 possession a valid snowmobile safety certificate issued by the 7.3 commissioner or an identification card with a valid snowmobile 7.4 qualification indicator issued under section 171.07, subdivision 7.5 12. 7.6 (c) The snowmobile safety certificate exceptions under 7.7 paragraph (b) do not allow a person under the age of 14 years to 7.8 make a direct crossing of a highway as the operator of a 7.9 snowmobile or to operate a snowmobile upon a street or highway, 7.10 as prohibited under paragraph (a). 7.11 Sec. 9. Minnesota Statutes 2002, section 85.41, 7.12 subdivision 2, is amended to read: 7.13 Subd. 2. [LICENSE AGENTS.] (a)County auditors are7.14appointed agents of the commissioner for the sale of7.15cross-country ski passes. The commissioner may appoint other7.16state agencies as agents for the sale of passes. A county7.17auditorThe commissioner may appointsubagents within the county7.18or within adjacent countiesagents to issue and sell 7.19 cross-country ski passes.Upon appointment the auditor shall7.20notify the commissioner of the name and address of the7.21subagent.Theauditorcommissioner may revoke the appointment 7.22 ofa subagent, and the commissioner may revoke the appointment7.23of a state agency,an agent at any time.Upon demand of the7.24commissioner, the auditor shall revoke a subagent's7.25appointment. The auditor shall furnish pass blanks on7.26consignment to any subagent who furnishes a surety bond in favor7.27of the county in an amount at least equal to the value of the7.28blanks to be consigned to that subagent. A surety bond is not7.29required of a state agency appointed by the commissioner. The7.30county auditor shall be responsible for all blanks issued to,7.31and user fees received by agents, except in St. Louis County or7.32in a county where the county auditor does not retain fees paid7.33for license purposes. In these counties, the responsibilities7.34imposed upon the county auditor are imposed upon the county.7.35 (b) The commissioner may promulgate additional rules as 7.36 provided in section 97A.485, subdivision 11.Any resident8.1desiring to sell cross-country ski passes may either purchase8.2for cash or obtain on consignment pass blanks from a county8.3auditor in groups of not less than ten individual blanks. In8.4selling passes, the resident shall be deemed a subagent of the8.5county auditor and the commissioner, andAn agent shall observe 8.6 all rules promulgated by the commissioner for the accounting and 8.7 handling of licenses pursuant to section 97A.485, subdivision 11. 8.8The county auditor shall(c) An agent must promptly deposit 8.9 and remit all moneys received from the sale of passeswith the8.10county treasurer, and shall promptly transmit any reports8.11required by, except issuing fees, to the commissioner, plus 968.12percent of the price to each pass holder, exclusive of the8.13issuing fee, for each pass sold or consigned by the auditor and8.14subsequently sold to a pass holder during the accounting8.15period. The county auditor shall retain as a commission four8.16percent of all pass fees, excluding the issuing fee for passes8.17consigned to subagents and the issuing fee on passes sold by the8.18auditor to pass holders. 8.19Unsold blanks in the hands of any subagent shall be8.20redeemed by the commissioner if presented for redemption within8.21the time prescribed by the commissioner. Any blanks not8.22presented for redemption within the period prescribed shall be8.23conclusively presumed to have been sold, and the subagent8.24possessing the same or to whom they are charged shall be8.25accountable.8.26 Sec. 10. Minnesota Statutes 2002, section 85.41, 8.27 subdivision 4, is amended to read: 8.28 Subd. 4. [FORMISSUANCE.] Thedepartmentcommissioner and 8.29 agents shallprovide forms and blanks to all agents authorized8.30toissue and sell cross-country ski passesby the commissioner. 8.31 The pass shall be with the skier and available for inspection by 8.32 any peace or conservation officer. The pass shall include the 8.33 applicant's signature and other information deemed necessary by 8.34 the commissioner. 8.35 Sec. 11. Minnesota Statutes 2002, section 85.41, 8.36 subdivision 5, is amended to read: 9.1 Subd. 5. [ISSUING FEE.] The fee for a cross-country ski 9.2 pass shall be increased by the amount of an issuing fee of $1 9.3 per pass. The issuing fee shall be retained by the seller of 9.4 the pass.A pass shall indicate the amount of the fee that is9.5retained by the sellerThe commissioner shall retain the issuing 9.6 fee on passes sold by the commissioner. 9.7 Sec. 12. Minnesota Statutes 2002, section 85.43, is 9.8 amended to read: 9.9 85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 9.10 (a) Fees from cross-country ski passes shall be deposited 9.11 in the state treasury and credited to a cross-country ski 9.12 account and are appropriated to the commissioner of natural 9.13 resources for: 9.14(a)(1) grants-in-aid for cross-country ski trails 9.15 sponsored by local units of government and special park 9.16 districts as provided in section 85.44; and 9.17(b)(2) maintenance, winter grooming, and associated 9.18 administrative costs for cross-country ski trails under the 9.19 jurisdiction of the commissioner. 9.20 (b) A commission of 4-7/10 percent of all cross-country ski 9.21 pass fees collected, and the issuing fee on passes sold by the 9.22 commissioner, are appropriated to the commissioner from the 9.23 cross-country ski account in the special revenue fund for the 9.24 operation of the electronic licensing system. 9.25 Sec. 13. Minnesota Statutes 2002, section 86B.321, 9.26 subdivision 2, is amended to read: 9.27 Subd. 2. [NOISE LIMITS.] (a) The noise limits for the 9.28 total noise from the marine engine or motorboat may not exceed: 9.29 (1) for marine engines or motorboats manufactured before 9.30 January 1, 1982, a noise level of 84 decibels on the A scale 9.31 measured at a distance of 50 feet from the motorboat or 9.32 equivalent noise levels at other distances as specified by the 9.33 commissioner in a pass-by test or 86 decibels on the A scale 9.34 measured at idle in a stationary test at least four feet above 9.35 the water and at least four feet behind the transom of the 9.36 motorboat being tested; and 10.1 (2) for marine engines or motorboats manufactured on or 10.2 after January 1, 1982, a noise level of 82 decibels on the A 10.3 scale measured at a distance of 50 feet from the motorboat or 10.4 equivalent noise levels at other distances as specified by the 10.5 commissioner in a pass-by test or 84 decibels on the A scale 10.6 measured at idle in a stationary test at least four feet above 10.7 the water and at least four feet behind the transom of the 10.8 motorboat being tested. 10.9 (b) The noise limits in paragraph (a) do not preclude 10.10 enforcement of other laws relating to motorboat noise. The 10.11 officer or deputy doing the testing shall determine which test 10.12 or tests shall be used. Failure to pass either the pass-by or 10.13 stationary idle test is a violation of this section. 10.14 Sec. 14. Minnesota Statutes 2002, section 86B.521, 10.15 subdivision 1, is amended to read: 10.16 Subdivision 1. [EXHAUST MUFFLING SYSTEM REQUIRED.] A motor 10.17 may not be used on a motorboat unless it is equipped with an 10.18 efficient muffler, underwater exhaust, or other device that 10.19 adequately muffles or suppresses the sound of the exhaust of the 10.20 motor so as to prevent excessive or unusual noise. A motor may 10.21 not be equipped witha cutoutan altered muffler, muffler 10.22 cutout, muffler bypass, or any other device designed or 10.23 installed so that it can be used to continually or 10.24 intermittently bypass any muffler or muffler system installed in 10.25 the motorboat or to reduce or eliminate the effectiveness of 10.26 such a muffler or muffler system. 10.27 Sec. 15. Minnesota Statutes 2002, section 86B.521, 10.28 subdivision 2, is amended to read: 10.29 Subd. 2. [SALE OF MOTOR THAT EXCEEDS NOISE LIMITS 10.30 PROHIBITED.] A person may not sell or offer for sale anew10.31 marine engine or motorboat that would exceed the noise limits 10.32 contained in section 86B.321, subdivision 2, under a test 10.33 procedure approved by the commissioner if the motor is 10.34 maintained according to the manufacturer's specifications. 10.35 Sec. 16. Minnesota Statutes 2002, section 97A.055, 10.36 subdivision 4, is amended to read: 11.1 Subd. 4. [GAME AND FISH ANNUAL REPORTS.] (a) ByNovember11.2 December 15 each year, the commissioner shall submit to the 11.3 legislative committees having jurisdiction over appropriations 11.4 and the environment and natural resources reports on each of the 11.5 following: 11.6 (1) the amount of revenue from the following and purposes 11.7 for which expenditures were made: 11.8 (i) the small game license surcharge under section 97A.475, 11.9 subdivision 4; 11.10 (ii) the Minnesota migratory waterfowl stamp under section 11.11 97A.475, subdivision 5, clause (1); 11.12 (iii) the trout and salmon stamp under section 97A.475, 11.13 subdivision 10; 11.14 (iv) the pheasant stamp under section 97A.475, subdivision 11.15 5, clause (2); and 11.16 (v) the turkey stamp under section 97A.475, subdivision 5, 11.17 clause (3); 11.18 (2) the amounts available under section 97A.075, 11.19 subdivision 1, paragraphs (b) and (c), and the purposes for 11.20 which these amounts were spent; 11.21 (3) money credited to the game and fish fund under this 11.22 section and purposes for which expenditures were made from the 11.23 fund; 11.24 (4) outcome goals for the expenditures from the game and 11.25 fish fund; and 11.26 (5) summary and comments of citizen oversight committee 11.27 reviews under subdivision 4a. 11.28 (b) The report must include the commissioner's 11.29 recommendations, if any, for changes in the laws relating to the 11.30 stamps and surcharge referenced in paragraph (a). 11.31 Sec. 17. Minnesota Statutes 2002, section 97A.311, is 11.32 amended by adding a subdivision to read: 11.33 Subd. 5. [REFUNDS.] (a) The commissioner may issue a 11.34 refund on a license, not including any issuing fees paid under 11.35 section 97A.485, subdivision 6, if: 11.36 (1) the licensee dies before the opening of the licensed 12.1 season. The original license and a copy of the death 12.2 certificate must be provided to the commissioner; or 12.3 (2) the licensee is unable to participate in the licensed 12.4 activity because the licensee is called to active military duty 12.5 or military leave is canceled during the entire open season of 12.6 the licensed activity. The original license and a copy of the 12.7 military orders or notice of cancellation of leave must be 12.8 provided to the commissioner. 12.9 (b) This subdivision does not apply to lifetime licenses. 12.10 Sec. 18. Minnesota Statutes 2002, section 97A.434, 12.11 subdivision 3, is amended to read: 12.12 Subd. 3. [APPLICATION FOR LICENSE.] An application for a 12.13 prairie chicken license must be made in a manner provided by the 12.14 commissioner and accompanied by a $4 application fee. The $4 12.15 application fee is appropriated as prescribed in section 84.027, 12.16 subdivision 15, paragraph(d)(c), to pay for costs associated 12.17 with conducting the prairie chicken license drawing. A person 12.18 may not make more than one application for each season. If a 12.19 person makes more than one application, the person is ineligible 12.20 for a license for that season after determination by the 12.21 commissioner, without a hearing. 12.22 Sec. 19. Minnesota Statutes 2002, section 97A.4742, 12.23 subdivision 4, is amended to read: 12.24 Subd. 4. [ANNUAL REPORT.] ByNovemberDecember 15 each 12.25 year, the commissioner shall submit a report to the legislative 12.26 committees having jurisdiction over environment and natural 12.27 resources appropriations and environment and natural resources 12.28 policy. The report shall state the amount of revenue received 12.29 in and expenditures made from revenue transferred from the 12.30 lifetime fish and wildlife trust fund to the game and fish fund 12.31 and shall describe projects funded, locations of the projects, 12.32 and results and benefits from the projects. The report may be 12.33 included in the game and fish fund report required by section 12.34 97A.055, subdivision 4. The commissioner shall make the annual 12.35 report available to the public. 12.36 Sec. 20. Minnesota Statutes 2003 Supplement, section 13.1 97A.475, subdivision 26, is amended to read: 13.2 Subd. 26. [MINNOW DEALERS.] The fees for the following 13.3 licenses are: 13.4 (1) minnow dealer, $310; 13.5 (2) minnow dealer's vehicle, $15; 13.6 (3) exporting minnow dealer for residents and nonresidents, 13.7 $700; and 13.8 (4) exporting minnow dealer's vehicle for residents and 13.9 nonresidents, $15. 13.10 Sec. 21. Minnesota Statutes 2002, section 97A.485, 13.11 subdivision 3, is amended to read: 13.12 Subd. 3. [APPOINTMENT OFSUBAGENTSAGENTS.]A county13.13auditorThe commissioner may appointresidents to be subagents13.14 agents of theauditor within the county or adjacent13.15countiescommissioner to issue and sell licenses.The auditor13.16shall notify the commissioner of the name and address of a13.17subagent when appointed.The appointment may be revoked by 13.18 theauditorcommissioner at any time, and when directed by the13.19commissioner, the auditor must revoke the appointment. 13.20 Sec. 22. Minnesota Statutes 2002, section 97A.485, 13.21 subdivision 4, is amended to read: 13.22 Subd. 4. [APPLICATION TO SELL LICENSES BYSUBAGENTAGENT.] 13.23 To bea subagentan agent, a person must apply to the 13.24 commissioner in writingto an appropriate county auditorand in 13.25 a manner approved by the commissioner.The auditor must provide13.26a subagent the choice either to provide a bond for licenses on13.27consignment, or pay for licenses before furnishing the13.28licenses. License application forms may only be furnished to13.29subagents in groups of ten or more for resident licenses and13.30five or more for nonresident licenses.13.31 Sec. 23. Minnesota Statutes 2002, section 97A.485, 13.32 subdivision 5, is amended to read: 13.33 Subd. 5. [COUNTY AUDITORSAGENTS RESPONSIBLE FORLICENSES13.34ANDFEES.](a) The county auditor is responsible for licenses13.35and fees received by the subagents, except in a county that has13.36a population over 150,000 and an area greater than 5,000 square14.1miles and in a county where the county auditor does not retain14.2fees paid for licenses. In these counties the responsibility14.3imposed on the county auditor is imposed on the county.14.4(b) The county auditorAn agent must promptly deposit and 14.5 remit all money received from the sale of licenseswith the14.6county treasurer. The auditor must promptly submit payments and14.7required reports as required by, except issuing fees, to the 14.8 commissioner. 14.9 Sec. 24. Minnesota Statutes 2003 Supplement, section 14.10 97A.485, subdivision 6, is amended to read: 14.11 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 14.12 Persons authorized to sell licenses under this section must 14.13 issue the following licenses for the license fee and the 14.14 following issuing fees: 14.15 (1) to take deer or bear with firearms and by archery, the 14.16 issuing fee is $1; 14.17 (2) Minnesota sporting, the issuing fee is $1; and 14.18 (3) to take small game,for a person under age 65to take 14.19 fish by angling orfor a person of any age to take fishby 14.20 spearing, and to trap fur-bearing animals, the issuing fee is 14.21 $1; 14.22 (4) for a trout and salmon stamp that is not issued 14.23 simultaneously with an angling or sporting license, an issuing 14.24 fee of 50 cents may be charged at the discretion of the 14.25 authorized seller; 14.26 (5) for stamps other than a trout and salmon stamp, and for 14.27 a special season Canada goose license, there is no fee; and 14.28 (6) for licenses issued without a fee under section 14.29 97A.441, there is no fee. 14.30 (b) An issuing fee may not be collected for issuance of a 14.31 trout and salmon stamp if a stamp validation is issued 14.32 simultaneously with the related angling or sporting license. 14.33 Only one issuing fee may be collected when selling more than one 14.34 trout and salmon stamp in the same transaction after the end of 14.35 the season for which the stamp was issued. 14.36 (c) Theauditor or subagentagent shall keep the issuing 15.1 fee as a commission for selling the licenses. 15.2 (d) The commissioner shall collect the issuing fee on 15.3 licenses sold by the commissioner. 15.4 (e) A license, except stamps, must state the amount of the 15.5 issuing fee and that the issuing fee is kept by the seller as a 15.6 commission for selling the licenses. 15.7 (f) For duplicate licenses, the issuing fees are: 15.8 (1) for licenses to take big game, 75 cents; and 15.9 (2) for other licenses, 50 cents. 15.10 (g) The commissioner may issue one-day angling licenses in 15.11 books of ten licenses each to fishing guides operating charter 15.12 boats upon receipt of payment of all license fees, excluding the 15.13 issuing fee required under this section. Copies of sold and 15.14 unsold licenses shall be returned to the commissioner. The 15.15 commissioner shall refund the charter boat captain for the 15.16 license fees of all unsold licenses. Copies of sold licenses 15.17 shall be maintained by the commissioner for one year. 15.18 Sec. 25. Minnesota Statutes 2002, section 97A.485, 15.19 subdivision 7, is amended to read: 15.20 Subd. 7. [COUNTY AUDITOR'SELECTRONIC LICENSING SYSTEM 15.21 COMMISSION.] Thecounty auditorcommissioner shall retain for 15.22 thecounty treasuryoperation of the electronic licensing system 15.23 a commission offour4-7/10 percent of all license fees 15.24 collectedby the auditor and the auditor's subagents, excluding: 15.25 (1) the small game surcharge; 15.26 (2) all issuing fees; and 15.27 (3) $2.50 of the license fee for the licenses in section 15.28 97A.475, subdivisions 6, clauses (1), (3), and (5), 7, 8, 12, 15.29 and 13; and15.30(4) the license to take fish by angling for persons age 6515.31and over. In addition, the auditor shall collect the issuing15.32fees on licenses sold by the auditor to a licensee. 15.33 Sec. 26. Minnesota Statutes 2002, section 97A.485, 15.34 subdivision 11, is amended to read: 15.35 Subd. 11. [RULES FOR ACCOUNTING AND PROCEDURES.] The 15.36 commissioner shall prescribe rules for the accounting and 16.1 procedural requirements necessary to assure the efficient 16.2 handling of licenses and license fees. The commissioner may, by 16.3 rule, establish standards for the appointment and revocation of 16.4subagentsagents to assure the efficient distribution of 16.5 licenses throughout the state. 16.6 Sec. 27. Minnesota Statutes 2002, section 97C.501, 16.7 subdivision 4, is amended to read: 16.8 Subd. 4. [NONRESIDENT EXPORTING MINNOWHAULERSDEALERS.] 16.9 (a)A nonresident may not transport minnows in a motor vehicle16.10without an exporting minnow hauler license.16.11(b)A nonresident must obtain an exporting minnowhauler's16.12 dealer's vehicle license for the motor vehicle used to transport 16.13 minnows. The serial number, motor vehicle license number, make, 16.14 and model must be on the license. The license must be 16.15 conspicuously displayed in the vehicle. 16.16(c)(b) Only one nonresidentmotorexporting minnow dealer 16.17 vehicle license may be issued toana nonresident exporting 16.18 minnowhaulerdealer. 16.19 Sec. 28. Minnesota Statutes 2002, section 97C.525, 16.20 subdivision 3, is amended to read: 16.21 Subd. 3. [MINNOW DEALERSAND HAULERS.] A resident minnow 16.22 dealer or a nonresident exporting minnowhaulerdealer may 16.23 transport minnows out of the state. A nonresident exporting 16.24 minnowhaulerdealer must possess a bill of lading issued by a 16.25 resident minnow dealer with an exporting minnow dealer's 16.26 license. The bill of lading must be on a form furnished by the 16.27 commissioner and must state the nonresident exporting minnow 16.28hauler'sdealer's name and address, the route through the state, 16.29 number and species of minnows, and the time it was issued. 16.30 Sec. 29. Minnesota Statutes 2002, section 97C.525, 16.31 subdivision 5, is amended to read: 16.32 Subd. 5. [OUT-OF-STATE VEHICLES.] The nonresident 16.33 exporting minnowhaulerdealer must transport the minnows out of 16.34 the state within 24 hours of the time of issuance stated on the 16.35 bill of lading. A person may not transport minnows in a motor 16.36 vehicle licensed in another state without an exporting 17.1 minnowhauler'sdealer's vehicle license. 17.2 Sec. 30. Minnesota Statutes 2003 Supplement, section 17.3 103G.615, subdivision 2, is amended to read: 17.4 Subd. 2. [FEES.] (a) The commissioner shall, by rule, 17.5 establish a fee schedule for permits to control or harvest 17.6 aquatic plants other than wild rice, by order, after holding a 17.7 public hearing. The fees may not exceed $750 per permit based 17.8 upon the cost of receiving, processing, analyzing, and issuing 17.9 the permit, and additional costs incurred after the application 17.10 to inspect and monitor the activities authorized by the permit, 17.11 and enforce aquatic plant management rules and permit 17.12 requirements. 17.13 (b) The fee for a permit for thedestructioncontrol of 17.14 rooted aquatic vegetation is $35 for each contiguous parcel of 17.15 shoreline owned by an owner. This fee may not be charged for 17.16 permits issued in connection with purple loosestrife control or 17.17 lakewide Eurasian water milfoil control programs. 17.18 (c) A fee may not be charged to the state or a federal 17.19 governmental agency applying for a permit. 17.20 (d) The money received for the permits under this 17.21 subdivision shall be deposited in the treasury and credited to 17.22 the game and fish fund. 17.23 Sec. 31. [RULE AMENDMENT.] 17.24 The commissioner of natural resources shall amend Minnesota 17.25 Rules, part 6280.0450, subpart 4, to conform with section 7 and 17.26 according to Minnesota Statutes, section 14.388, clause (3). 17.27 Except as provided in Minnesota Statutes, section 14.388, 17.28 Minnesota Statutes, section 14.386 does not apply. 17.29 Sec. 32. [REPEALER.] 17.30 Minnesota Statutes 2002, sections 84.862, subdivision 2; 17.31 84.95, subdivision 3; and 97A.485, subdivisions 2, 8, and 10; 17.32 and Minnesota Statutes 2003 Supplement, section 97A.475, 17.33 subdivision 28, are repealed. 17.34 Sec. 33. [EFFECTIVE DATE.] 17.35 Section 13 is effective the day following final enactment.