SF 1442

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

A bill for an act
relating to natural resources; establishing aquatic invasive species decal
requirements and fees; establishing civil penalties; eliminating aquatic invasive
species trailer decal requirements; amending Minnesota Statutes 2012, section
84D.15, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 86B; repealing Minnesota Statutes 2012, section 86B.13.

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

Section 1.

Minnesota Statutes 2012, section 84D.15, subdivision 2, is amended to read:

Subd. 2.

Receipts.

Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, civil penalties under section 84D.13, and service provider
permits under section 84D.108, and aquatic invasive species decals under section
86B.135, shall be deposited in the invasive species account. Each year, the commissioner
of management and budget shall transfer from the game and fish fund to the invasive
species account, the annual surcharge collected on nonresident fishing licenses under
section 97A.475, subdivision 7, paragraph (b). Each fiscal year, the commissioner of
management and budget shall transfer $750,000 from the water recreation account under
section 86B.706 to the invasive species account.

Sec. 2.

[86B.135] AQUATIC INVASIVE SPECIES DECAL.

Subdivision 1.

Decal required; fees.

(a) A person may not place or attempt to place
into waters of the state a watercraft unless a valid annual aquatic invasive species decal
issued by the commissioner under this section is displayed on the watercraft. The decal
must be viewable by a peace officer or a conservation officer. Owners or operators of
registered watercraft shall adhere the decal on the starboard side of the bow directly in
line with the watercraft registration number. Only the aquatic invasive species decal that
is currently valid shall be displayed. The commissioner, in prescribing the placement of
decals, shall ensure consistent placement of decals to aid in enforcement.

(b) The fee for an annual decal is:

(1) $5 for a nonmotorized watercraft less than 25 feet in length licensed by the state;

(2) $10 for a motorized watercraft less than 25 feet in length licensed by the state;

(3) $20 for a watercraft measured 25 feet or greater bow to stern licensed by the state;

(4) $15 for a nonmotorized watercraft licensed or registered by another state or
country; and

(5) $30 for a motorized watercraft licensed or registered by another state or country.

(c) The decal is valid from January 1 through December 31 of the year issued. The
commissioner shall issue a decal upon application, acknowledgement of educational
information, and payment of the fee.

(d) Fees and penalties collected under this section, except for the issuing fee, shall
be deposited in the state treasury and credited to the invasive species account in the
natural resources fund and may be spent only to control and prevent the spread of aquatic
invasive species.

Subd. 2.

Penalties.

(a) A person found in violation of the requirements of
subdivision 1 during the 2014 calendar year shall purchase an aquatic invasive species
decal at a fee twice the applicable fee amount under subdivision 1, paragraph (b). This
paragraph expires January 1, 2015.

(b) Beginning January 1, 2015, a person found in violation of the requirements under
subdivision 1 shall purchase and display the required decal and pay a civil penalty equal to
$50 for the first violation and $100 for the second and subsequent violations.

Subd. 3.

Education materials.

The commissioner shall develop aquatic invasive
species educational information to be provided to applicants with an annual aquatic
invasive species decal. The educational information must include a list of applicable
aquatic invasive species laws, information to help identify aquatic invasive species, and
a link to a list of waters that have been designated as infested and their locations. The
commissioner shall ensure all applicants for a decal under this section acknowledge
receipt of the educational information. Purchase of the decal and receipt of the educational
information constitute express acknowledgement.

Subd. 4.

License agents.

The commissioner may appoint agents to issue and
sell aquatic invasive species decals. The decal and educational information shall be
available through electronic licensing system agents. The commissioner may revoke the
appointment of an agent at any time. The commissioner may adopt additional rules as
provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
by the commissioner for accounting and handling of decals pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of the decals, exclusive of the issuing fee, to the commissioner.

Subd. 5.

Issuing fees.

In addition to the fee for a decal, an issuing fee of $1 per
decal shall be charged. The issuing fee may be retained by the seller of the decal. Issuing
fees for decals issued by the commissioner shall be deposited in the natural resources fund
and retained for the operation of the electronic licensing system.

Subd. 6.

Duplicate decals.

The commissioner and agents shall issue a duplicate
decal to persons whose decal is lost or destroyed using the process established under
section 97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate
aquatic invasive species decal is $4, with an issuing fee of 50 cents.

EFFECTIVE DATE.

This section is effective January 1, 2014.

Sec. 3. REPEALER.

Minnesota Statutes 2012, section 86B.13, is repealed.