HF 3035

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; establishing hunters', anglers', and trappers' bill of
rights; proposing amendments to the Minnesota Constitution, articles I, XI,
and XIII to dedicate a portion of the sales tax on hunting and fishing supplies
and equipment to game and fish purposes, protect the right to arms, and the
right to wear fur and display game; establishing the heritage enhancement
fund and council; establishing the forest legacy account and council; requiring
the commissioner of natural resources to ensure hunting and fishing access;
establishing a conservation partner grant program; making the trout and salmon
stamp optional; creating a fish stocking donation option for fishing license
applicants; providing for automatic voter registration of applicants for game and
fish licenses; appropriating money; amending Minnesota Statutes 2006, sections
97A.045, by adding a subdivision; 97A.075, by adding a subdivision; 97A.083;
97A.473, subdivision 2; 97A.474, subdivision 2; 97A.475, subdivision 10, by
adding a subdivision; 97C.305, subdivision 1; 297A.94; Minnesota Statutes 2007
Supplement, section 97A.473, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapters 84; 97A; 201; repealing Minnesota Statutes 2006,
section 97C.305, subdivision 2.

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

ARTICLE 1

FINDINGS AND PURPOSE

Section 1. new text begin LEGISLATIVE FINDINGS AND PURPOSE.
new text end

new text begin This act shall be cited as the "Hunters', Anglers', and Trappers' Bill of Rights." The
purpose of this act is to create the most opportunities possible for citizens to exercise their
rights under article XIII, section 12, of the Minnesota Constitution.
new text end

new text begin The legislature finds that enabling citizens to exercise their right to hunt, fish, and
take game are directly linked to:
new text end

new text begin (1) the right to keep and bear arms;
new text end

new text begin (2) healthy and abundant populations of fish and wildlife;
new text end

new text begin (3) freedom to consume or display legally taken fish and game;
new text end

new text begin (4) hunting, angling, and trapping traditions that are passed down from generation to
generation and exposure to these traditions at a young age;
new text end

new text begin (5) regulations that are easily understood, that are enforced by state agencies with
the support of citizens and sportsmen groups, and that result in ethical hunting, angling
and trapping practices; and
new text end

new text begin (6) access to public land for the people, not from the people, to enjoy hunting,
angling, trapping, and other outdoor activities.
new text end

ARTICLE 2

HERITAGE ENHANCEMENT FUND

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article XI, to read:
new text end

new text begin Sec. 15. new text end

new text begin Beginning July 1, 2009, the sales and use tax receipts equal to the state sales
and use tax of ... percent on sales and uses of supplies and equipment that are used to
take game and fish and that are taxable under the general state sales and use tax law,
plus penalties and interest and reduced by any refunds, shall be deposited in the heritage
enhancement fund and may be spent only to enhance the population and quality of game
and fish in Minnesota and provide hunter and angler access. The money dedicated
under this section shall be appropriated by law and shall not be used as a substitute for
traditional funding sources for the purposes specified, but the dedicated money shall
supplement traditional sources of funding for those purposes. A heritage enhancement
fund is created in the state treasury. Land acquired with money deposited in the heritage
enhancement fund under this section must be open to public taking of game and fish
during the open season.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment shall be submitted to the people at the 2008 general
election. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide funding beginning July 1,
2009, to enhance the population and quality of game and fish in Minnesota and provide
hunter and angler access by dedicating the sales and use tax receipts equal to the state
sales and use tax of ... percent on taxable sales of supplies and equipment used to take
game and fish?
new text end

new text begin Yes ....... new text end

new text begin No ......." new text end

Sec. 3.

new text begin [97A.056] HERITAGE ENHANCEMENT FUND; HERITAGE
ENHANCEMENT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Fund. new text end

new text begin The heritage enhancement fund is established in the Minnesota
Constitution, article XI, section 15. At least 99 percent of the money appropriated from
the fund must be spent on game and fish projects on public and private lands.
new text end

new text begin Subd. 2. new text end

new text begin Heritage Enhancement Council. new text end

new text begin (a) A Heritage Enhancement Council of
11 members is created. Each member of the council shall be appointed by the governor
with the advice and consent of the senate. Not more than six council members shall
belong to the same political party. The governor shall select at least one member from
each congressional district, with three at-large members.
new text end

new text begin (b) To be eligible for appointment to the council, a prospective member must
demonstrate expertise and experience in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources. Prior service on multimember boards with grant-making
responsibilities or prior experience in the management of a business enterprise is also
recommended.
new text end

new text begin (c) Members shall appoint a chair who shall preside and convene meetings as often
as necessary to conduct the duties prescribed by this section.
new text end

new text begin (d) Membership terms are six years, except that members shall serve on the council
until their successors are appointed.
new text end

new text begin (e) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties. Vacancies shall be filled in the same
manner as under paragraph (a). A member may be removed from the council upon a
supermajority of eight votes in favor of the removal of that member.
new text end

new text begin Subd. 3. new text end

new text begin Duties of Heritage Enhancement Council. new text end

new text begin (a) The council shall develop
a biennial budget plan for expenditures from the heritage enhancement fund. The biennial
budget plan may include grants to local fishing and hunting groups to improve, enhance,
or protect game and fish resources. By August 15 of each even-numbered year, the council
shall submit the budget plan to the commissioner of finance.
new text end

new text begin (b) In the biennial budget submitted to the legislature, the governor shall submit
separate budget detail for planned expenditures from the heritage enhancement fund
as recommended by the council.
new text end

new text begin (c) Entities receiving appropriations from the heritage enhancement fund shall
submit a work program and semiannual progress reports to the Heritage Enhancement
Council in the form determined by the council.
new text end

new text begin Subd. 4. new text end

new text begin Heritage Enhancement Council administration. new text end

new text begin (a) The council may
appoint legal and other personnel and consultants necessary to carry out functions and
duties of the council. Permanent employees shall be in the unclassified service. The
council may request staff assistance and data from any other agency of state government
as needed for the execution of the responsibilities of the council and an agency must
promptly furnish the requested assistance or data.
new text end

new text begin (b) The administrative expenses of the council shall be paid from the heritage
enhancement fund.
new text end

new text begin (c) A council member or an employee of the council may not participate in or vote
on a decision of the council relating to an organization in which the member or employee
has either a direct or indirect personal financial interest. While serving on or employed by
the council, a person shall avoid any potential conflict of interest.
new text end

Sec. 4.

Minnesota Statutes 2006, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section new text begin and the Minnesota Constitution, article XI,
section 15 new text end , the commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed by this chapter in the state treasury and credit them to the
general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for
the construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment
was made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount deposited in the loan guaranty
account must be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed on sales and purchases included in section 297A.61,
subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them
as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general
fund.

(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and
for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section 297A.65, must be deposited by
the commissioner in the state treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in the game and fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and enhancement
of land, water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund,
and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo.

(f) The revenue dedicated under paragraph (e) may not be used as a substitute
for traditional sources of funding for the purposes specified, but the dedicated revenue
shall supplement traditional sources of funding for those purposes. Land acquired with
money deposited in the game and fish fund under paragraph (e) must be open to public
hunting and fishing during the open season, except that in aquatic management areas or
on lands where angling easements have been acquired, fishing may be prohibited during
certain times of the year and hunting may be prohibited. At least 87 percent of the money
deposited in the game and fish fund for improvement, enhancement, or protection of fish
and wildlife resources under paragraph (e) must be allocated for field operations.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Sections 1 and 2 apply to sales and uses occurring after June 30, 2009.
new text end

new text begin (b) Sections 3 and 4 are effective July 1, 2009, if the constitutional amendment
proposed in section 1 is adopted by the voters.
new text end

ARTICLE 3

RIGHT TO ARMS CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article I, to read:
new text end

new text begin Sec. 18. new text end

new text begin The right of a citizen to keep, bear, and use arms for the defense and security
of the person, family, or home, or for lawful hunting, recreation, or marksmanship training
is fundamental and shall not be infringed.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2008 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide that the right of a citizen
to keep, bear, and use arms for the defense and security of the person, family, or home,
or for lawful hunting, recreation, or marksmanship training is fundamental and shall not
be infringed?
new text end

new text begin Yes ....... new text end

new text begin No ......." new text end

ARTICLE 4

RIGHT TO WEAR FUR AND DISPLAY TROPHY ANIMALS

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article XIII, to read:
new text end

new text begin Sec. 13. new text end

new text begin The right of a citizen to wear fur, pelts, skins, or hides from legally taken
animals and the right of a citizen to display legally taken trophy animals on the citizen's
property shall not be infringed.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2008 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide that the right of a citizen to
wear fur, pelts, skins, or hides from legally taken animals and the right to display legally
taken trophy animals on the citizen's property shall not be infringed?
new text end

new text begin Yes ....... new text end

new text begin No ......." new text end

ARTICLE 5

HUNTING AND FISHING

Section 1.

new text begin [84.992] CONSERVATION PARTNERS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner of natural resources shall
administer a program to provide grants to local sporting and conservation clubs for
projects that enhance the population and quality of game and fish in the state and fund
hunter and angler recruitment and retention programs.
new text end

new text begin Subd. 2. new text end

new text begin Grant amount. new text end

new text begin A grant for a project may not exceed $20,000.
new text end

new text begin Subd. 3. new text end

new text begin Application; eligibility. new text end

new text begin Applications for grants must be made to the
commissioner on forms prescribed by the commissioner. To be eligible, a local sporting or
conservation club must pay at least one-half of the project costs as a local match.
new text end

new text begin Subd. 4. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules for the program under chapter
14.
new text end

Sec. 2.

Minnesota Statutes 2006, section 97A.045, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Duty to ensure hunting and fishing access. new text end

new text begin The commissioner shall
ensure that state lands, subject to applicable state laws and limitations for public safety
and homeland security, are open to access and use for recreational hunting and access to
fishing. The commissioner shall manage lands in a manner to support, promote, and
enhance recreational hunting and fishing opportunities to the extent authorized by law. To
the greatest practicable extent, the commissioner's land management decisions and actions
may not result in a net loss of acreage available for hunting and fishing opportunities
that exists on July 1, 2008.
new text end

Sec. 3.

new text begin [97A.0551] FOREST LEGACY ACCOUNT AND COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Fund. new text end

new text begin A forest legacy fund is established in the state treasury. At
least 99 percent of the money appropriated from the account must be spent on game and
fish projects on public and private lands.
new text end

new text begin Subd. 2. new text end

new text begin Forest Legacy Council. new text end

new text begin (a) A Forest Legacy Council of 11 members is
created. Each member of the council shall be appointed by the governor with the advice
and consent of the senate. Not more than six council members shall belong to the same
political party. The governor shall select at least one member from each congressional
district, with three at-large members.
new text end

new text begin (b) To be eligible for appointment to the council, a prospective member must be a
sportsperson who demonstrates expertise and experience in the science, policy, or practice
of outdoor recreational activities such as hunting, fishing, or trapping. Prior service
on multimember boards with grant-making responsibilities or prior experience in the
management of a business enterprise is also recommended.
new text end

new text begin (c) Members shall appoint a chair who shall preside and convene meetings as often
as necessary to conduct the duties prescribed by this section.
new text end

new text begin (d) Membership terms are six years, except that members shall serve on the council
until their successors are appointed.
new text end

new text begin (e) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties. Vacancies shall be filled in the same
manner as under paragraph (a). A member may be removed from the council upon a
supermajority of eight votes in favor of the removal of that member.
new text end

new text begin Subd. 3. new text end

new text begin Duties of Forest Legacy Council. new text end

new text begin (a) The council shall develop a biennial
budget plan for expenditures from the forest legacy fund. The biennial budget plan may
include grants to local fishing and hunting groups to improve, enhance, or protect game
and fish resources. By August 15 of each even-numbered year, the council shall submit
the budget plan to the commissioner of finance.
new text end

new text begin (b) In the biennial budget submitted to the legislature, the governor shall
submit separate budget detail for planned expenditures from the forest legacy fund as
recommended by the council.
new text end

new text begin (c) Entities receiving appropriations from the forest legacy account shall submit a
work program and semiannual progress reports to the Forest Legacy Council in the form
determined by the council.
new text end

Sec. 4.

Minnesota Statutes 2006, section 97A.075, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Fish stocking donation. new text end

new text begin Revenue from the optional fishing license
stocking donation under section 97A.475, subdivision 7a, shall be used only to stock
walleye, northern pike, muskellunge, and trout species in public waters that are not subject
to commercial netting by Indian tribes.
new text end

Sec. 5.

Minnesota Statutes 2006, section 97A.083, is amended to read:

97A.083 HUNTING AND FISHING ON STATE LAND.

The commissioner shall allow or prohibit hunting and fishing on state land as
provided under the game and fish laws. The commissioner shall publish information on
hunting and fishing on state land, including areas where taking wild animals is allowed
or prohibited. new text begin The commissioner shall ensure hunting and fishing access according to
section 97A.045, subdivision 13.
new text end

Sec. 6.

Minnesota Statutes 2006, section 97A.473, subdivision 2, is amended to read:

Subd. 2.

Lifetime angling license; fee.

(a) A resident lifetime angling license
authorizes a person to take fish by angling in the state. The license authorizes those
activities authorized by the annual resident angling license. The license does not include
deleted text begin a trout and salmon stamp validation or other deleted text end new text begin any new text end stamps required by law.

(b) The fees for a resident lifetime angling license are:

(1) age 3 and under, $227;

(2) age 4 to age 15, $300;

(3) age 16 to age 50, $383; and

(4) age 51 and over, $203.

Sec. 7.

Minnesota Statutes 2007 Supplement, section 97A.473, subdivision 5, is
amended to read:

Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small game in the state. The
license authorizes those activities authorized by the annual resident angling, resident
small game hunting, and resident trapping licenses. The license does not include deleted text begin a trout
and salmon stamp validation, deleted text end a turkey stamp validation deleted text begin , deleted text end or any other hunting stamps
required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $357;

(2) age 4 to age 15, $480;

(3) age 16 to age 50, $613; and

(4) age 51 and over, $413.

Sec. 8.

Minnesota Statutes 2006, section 97A.474, subdivision 2, is amended to read:

Subd. 2.

Nonresident lifetime angling license; fee.

(a) A nonresident lifetime
angling license authorizes a person to take fish by angling in the state. The license
authorizes those activities authorized by the annual nonresident angling license. The
license does not include deleted text begin a trout and salmon stamp validation or other deleted text end new text begin any new text end stamps required
by law.

(b) The fees for a nonresident lifetime angling license are:

(1) age 3 and under, $447;

(2) age 4 to age 15, $600;

(3) age 16 to age 50, $773; and

(4) age 51 and over, $513.

Sec. 9.

Minnesota Statutes 2006, section 97A.475, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Fishing license donation. new text end

new text begin A person may agree to add a donation of $1 for
annual resident and nonresident fishing licenses under subdivisions 6 and 7 to be used
for fish stocking under section 97C.201. The commissioner shall modify the fishing
license application to include a box indicating whether or not an applicant would like to
make the donation.
new text end

Sec. 10.

Minnesota Statutes 2006, section 97A.475, subdivision 10, is amended to read:

Subd. 10.

Trout and salmon stamp validation.

The deleted text begin fee for a deleted text end new text begin contribution amount
for an optional new text end trout and salmon stamp validation is new text begin at least new text end $10.

Sec. 11.

Minnesota Statutes 2006, section 97C.305, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Requirement deleted text end new text begin Optional trout and salmon stamp new text end .

deleted text begin Except as
provided in subdivision 2 or section 97A.405, subdivision 2, a person over age 16 and
under age 65 required to possess an angling license must have a trout and salmon stamp
validation to: deleted text end new text begin The commissioner shall issue an optional trout and salmon stamp validation
to a person who provides a contribution under section 97A.475, subdivision 10.
new text end

deleted text begin (1) take fish by angling in:
deleted text end

deleted text begin (i) a stream designated by the commissioner as a trout stream;
deleted text end

deleted text begin (ii) a lake designated by the commissioner as a trout lake; or
deleted text end

deleted text begin (iii) Lake Superior; or
deleted text end

deleted text begin (2) possess trout or salmon taken in the state by angling.
deleted text end

Sec. 12. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated to the commissioner of natural resources from the general fund
to implement this article.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 97C.305, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 6

AUTOMATIC VOTER REGISTRATION

Section 1.

new text begin [201.1612] GAME AND FISH LICENSE AUTOMATIC
REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Automatic registration. new text end

new text begin An individual who properly completes an
application for a game and fish license and who is eligible to vote under section 201.014,
must be registered to vote as provided in this section, unless the applicant declines to
be registered.
new text end

new text begin Subd. 2. new text end

new text begin Applications. new text end

new text begin The commissioner of natural resources, in consultation with
the secretary of state, shall change the applications for game and fish licenses so that the
forms may also serve as voter registration applications. The forms must contain spaces for
all information collected by voter registration applications prescribed by the secretary of
state and a box for the applicant to decline to be registered to vote. If the applicant has not
declined to be registered to vote, the commissioner shall transmit the information daily by
electronic means to the secretary of state.
new text end

new text begin Subd. 3. new text end

new text begin Registration. new text end

new text begin (a) The secretary of state shall determine whether the
applicant is currently registered in the statewide voter registration system. For each
currently registered voter whose registration is not changed, the secretary of state shall
update the voter's registration date in the statewide voter registration system. For each
currently registered voter whose registration is changed, the secretary of state shall
transmit the registration daily by electronic means to the county auditor of the county
where the voter resides.
new text end

new text begin (b) If the applicant is not currently registered in the statewide voter registration
system, the secretary of state shall determine whether the applicant is 18 years of age or
older and a citizen of the United States and compare the voter registration information
received from the commissioner of natural resources with the information on wards,
incompetents, and felons received from the state court administrator under sections 201.15
and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
within six months of turning 18 years of age, the secretary of state shall wait until the
applicant has turned 18 years of age to determine whether the applicant is eligible to vote.
For each applicant the secretary of state determines is an eligible voter, the secretary of
state shall transmit the registration daily by electronic means to the county auditor of the
county where the voter resides.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin Upon receipt of the registration, the county auditor shall mail to
the voter the notice of registration required by section 201.121, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Effective date. new text end

new text begin An application for registration that is dated during the 20
days before an election in any jurisdiction within which the voter resides is not effective
until the day after the election.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Secretary of state. new text end

new text begin $....... is appropriated from the general fund to
the secretary of state to design and install an automatic voter registration system under this
article, to be available until June 30, 2009.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner of natural resources. new text end

new text begin $....... is appropriated from the
general fund to the commissioner of natural resources to revise the form of game and
fish license applications and to facilitate the electronic exchange of voter registration
information with the secretary of state as required by section 1, to be available until June
30, 2009.
new text end

new text begin Subd. 3. new text end

new text begin Supreme Court. new text end

new text begin $....... is appropriated from the general fund to the
Supreme Court to pay costs incurred by the state court administrator in providing
information on wards, incompetents, and felons to the secretary of state for the purpose of
automatic voter registration under this article, to be available until June 30, 2009.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin An applicant for a Minnesota game or fish license must not be registered to vote
under section 1 until the secretary of state has certified that the system for automatic
registration of those applicants has been tested and shown to properly determine whether
an applicant is eligible to vote.
new text end