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, deleted text begin and deleted text end service provider
permits under section 84D.108, new text begin and aquatic invasive species decals under section
86B.135, new text end 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.

new text begin [86B.135] AQUATIC INVASIVE SPECIES DECAL.
new text end

new text begin Subdivision 1. new text end

new text begin Decal required; fees. new text end

new text begin (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.
new text end

new text begin (b) The fee for an annual decal is:
new text end

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

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

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

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

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

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Education materials. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin License agents. new text end

new text begin 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.
new text end

new text begin Subd. 5. new text end

new text begin Issuing fees. new text end

new text begin 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.
new text end

new text begin Subd. 6. new text end

new text begin Duplicate decals. new text end

new text begin 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 86B.13, new text end new text begin is repealed.
new text end