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SF 669

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 02/20/2015 08:38am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to natural resources; modifying requirements for aquatic invasives
species trailer decal; amending Minnesota Statutes 2014, sections 84D.13,
subdivisions 5, 9; 86B.13, subdivisions 1, 1a, 2, 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 84D.13, subdivision 5, is amended to read:


Subd. 5.

Civil penalties.

(a) A civil citation issued under this section must impose
the following penalty amounts:

(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;

(2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached, $200;

(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $500;

(4) for placing or attempting to place into waters of the state water-related equipment
that has prohibited invasive species attached when the waters are not listed by the
commissioner as being infested with that invasive species, $500;

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;

(6) for failing to have drain plugs or similar devices removed or opened while
transporting water-related equipment or for failing to remove plugs, open valves, and
drain water from water-related equipment, other than marine sanitary systems, before
leaving waters of the state, $100; deleted text begin and
deleted text end

(7) for transporting infested water off riparian property without a permit as required
by rule, $200new text begin ; and
new text end

new text begin (8) for launching water-related equipment into waters of the state in violation of
section 86B.13, subdivision 4, $25
new text end .

(b) A civil citation that is issued to a person who has one or more prior convictions
or final orders for violations of this chapter is subject to twice the penalty amounts listed
in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2017, and applies to
violations that occur on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 84D.13, subdivision 9, is amended to read:


Subd. 9.

Training for offenders.

new text begin For violations that occur on or after January
1, 2016,
new text end a person who is convicted of or subject to a final order for a violation of this
chapter involving water-related equipment must successfully complete a training course as
provided in section 86B.13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2014, section 86B.13, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

new text begin By January 1, 2016, new text end the commissioner shall
establish a statewide course in preventing the spread of aquatic invasive species. The
commissioner must develop an educational course and testing program that address
identification of aquatic invasive species and best practices to prevent the spread of aquatic
invasive species when moving water-related equipment, as defined under section 84D.01,
subdivision 18a
.new text begin The commissioner shall not charge a fee to a person taking the course.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2014, section 86B.13, subdivision 1a, is amended to read:


Subd. 1a.

Training for offenders.

new text begin For violations that occur on or after January 1,
2016,
new text end a person who is convicted of or subject to a final order for a violation of chapter
84D involving water-related equipment must successfully complete the training course in
subdivision 1 before continuing operation or use of water-related equipment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2014, section 86B.13, subdivision 2, is amended to read:


Subd. 2.

Aquatic invasive species trailer decal.

The commissioner shall issuenew text begin , at
no cost to the person,
new text end an aquatic invasive species trailer decal for each trailer owned by a
person that satisfactorily completes the required course of instruction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2014, section 86B.13, subdivision 4, is amended to read:


Subd. 4.

Aquatic invasive species trailer decal display required.

(a) new text begin Beginning
January 1, 2016,
new text end a person may not deleted text begin transportdeleted text end new text begin launchnew text end watercraft or water-related equipment,
as defined under section 84D.01, subdivision 18a, new text begin into waters of the state, as defined
in section 84D.01, subdivision 20,
new text end with a trailer unless the person has an aquatic
invasive species trailer decal new text begin or training validation new text end issued under this section. Temporary
authorizations valid for deleted text begin sevendeleted text end new text begin 14new text end days can be requested by persons that have not completed
the required course of instruction.

(b) Aquatic invasive species trailer decals are valid for three years.

(c) The aquatic invasive species trailer decal must be adhered to the side of the trailer
frame tongue near the hitch in a manner that it is readily visible and does not interfere with
the display of any registration requirements under section 169.79.

(d) Aquatic invasive species trailer decals are not transferable.

(e) deleted text begin Violation of this section shall not result in a penalty, but is punishable only by
a warning.
deleted text end new text begin Unless otherwise provided by law, a person is exempt from the training and
decal requirements under this section if the person:
new text end

new text begin (1) holds a valid service provider permit under section 84D.108; or
new text end

new text begin (2) is using a trailer to launch water-related equipment that has been seasonally
stored on riparian property owned by the person and that is being directly returned to the
same water body from which the water-related equipment was removed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2014, section 86B.13, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin A person launching water-related equipment into waters of the
state who fails to display an aquatic invasive species trailer decal or training validation
in violation of this section is subject to the penalty under section 84D.13, subdivision 5,
paragraph (a), clause (8), except for any violations prior to January 1, 2017, which are
punishable only by a warning.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end