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SF 1442

as introduced - 88th Legislature (2013 - 2014) Posted on 03/19/2013 09:17am

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

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Current Version - as introduced

1.1A bill for an act
1.2relating to natural resources; establishing aquatic invasive species decal
1.3requirements and fees; establishing civil penalties; eliminating aquatic invasive
1.4species trailer decal requirements;amending Minnesota Statutes 2012, section
1.584D.15, subdivision 2; proposing coding for new law in Minnesota Statutes,
1.6chapter 86B; repealing Minnesota Statutes 2012, section 86B.13.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2012, section 84D.15, subdivision 2, is amended to read:
1.9    Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
1.10section 86B.415, subdivision 7, civil penalties under section 84D.13, and service provider
1.11permits under section 84D.108, and aquatic invasive species decals under section
1.1286B.135, shall be deposited in the invasive species account. Each year, the commissioner
1.13of management and budget shall transfer from the game and fish fund to the invasive
1.14species account, the annual surcharge collected on nonresident fishing licenses under
1.15section 97A.475, subdivision 7, paragraph (b). Each fiscal year, the commissioner of
1.16management and budget shall transfer $750,000 from the water recreation account under
1.17section 86B.706 to the invasive species account.

1.18    Sec. 2. [86B.135] AQUATIC INVASIVE SPECIES DECAL.
1.19    Subdivision 1. Decal required; fees. (a) A person may not place or attempt to place
1.20into waters of the state a watercraft unless a valid annual aquatic invasive species decal
1.21issued by the commissioner under this section is displayed on the watercraft. The decal
1.22must be viewable by a peace officer or a conservation officer. Owners or operators of
1.23registered watercraft shall adhere the decal on the starboard side of the bow directly in
1.24line with the watercraft registration number. Only the aquatic invasive species decal that
2.1is currently valid shall be displayed. The commissioner, in prescribing the placement of
2.2decals, shall ensure consistent placement of decals to aid in enforcement.
2.3(b) The fee for an annual decal is:
2.4(1) $5 for a nonmotorized watercraft less than 25 feet in length licensed by the state;
2.5(2) $10 for a motorized watercraft less than 25 feet in length licensed by the state;
2.6(3) $20 for a watercraft measured 25 feet or greater bow to stern licensed by the state;
2.7(4) $15 for a nonmotorized watercraft licensed or registered by another state or
2.8country; and
2.9(5) $30 for a motorized watercraft licensed or registered by another state or country.
2.10    (c) The decal is valid from January 1 through December 31 of the year issued. The
2.11commissioner shall issue a decal upon application, acknowledgement of educational
2.12information, and payment of the fee.
2.13    (d) Fees and penalties collected under this section, except for the issuing fee, shall
2.14be deposited in the state treasury and credited to the invasive species account in the
2.15natural resources fund and may be spent only to control and prevent the spread of aquatic
2.16invasive species.
2.17    Subd. 2. Penalties. (a) A person found in violation of the requirements of
2.18subdivision 1 during the 2014 calendar year shall purchase an aquatic invasive species
2.19decal at a fee twice the applicable fee amount under subdivision 1, paragraph (b). This
2.20paragraph expires January 1, 2015.
2.21(b) Beginning January 1, 2015, a person found in violation of the requirements under
2.22subdivision 1 shall purchase and display the required decal and pay a civil penalty equal to
2.23$50 for the first violation and $100 for the second and subsequent violations.
2.24    Subd. 3. Education materials. The commissioner shall develop aquatic invasive
2.25species educational information to be provided to applicants with an annual aquatic
2.26invasive species decal. The educational information must include a list of applicable
2.27aquatic invasive species laws, information to help identify aquatic invasive species, and
2.28a link to a list of waters that have been designated as infested and their locations. The
2.29commissioner shall ensure all applicants for a decal under this section acknowledge
2.30receipt of the educational information. Purchase of the decal and receipt of the educational
2.31information constitute express acknowledgement.
2.32    Subd. 4. License agents. The commissioner may appoint agents to issue and
2.33sell aquatic invasive species decals. The decal and educational information shall be
2.34available through electronic licensing system agents. The commissioner may revoke the
2.35appointment of an agent at any time. The commissioner may adopt additional rules as
2.36provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
3.1by the commissioner for accounting and handling of decals pursuant to section 97A.485,
3.2subdivision 11. An agent shall promptly deposit and remit all money received from the
3.3sale of the decals, exclusive of the issuing fee, to the commissioner.
3.4    Subd. 5. Issuing fees. In addition to the fee for a decal, an issuing fee of $1 per
3.5decal shall be charged. The issuing fee may be retained by the seller of the decal. Issuing
3.6fees for decals issued by the commissioner shall be deposited in the natural resources fund
3.7and retained for the operation of the electronic licensing system.
3.8    Subd. 6. Duplicate decals. The commissioner and agents shall issue a duplicate
3.9decal to persons whose decal is lost or destroyed using the process established under
3.10section 97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate
3.11aquatic invasive species decal is $4, with an issuing fee of 50 cents.
3.12EFFECTIVE DATE.This section is effective January 1, 2014.

3.13    Sec. 3. REPEALER.
3.14Minnesota Statutes 2012, section 86B.13, is repealed.

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