Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 185-H.F.No. 1487
An act relating to natural resources; modifying
provisions rendered obsolete by the electronic
licensing system; modifying the disposition of certain
taxes and proceeds; clarifying certain licensing and
training requirements; providing for removal of
submerged vehicles; modifying watercraft license and
title provisions; clarifying sale of live animals and
animal portions; modifying rulemaking authority;
modifying certain license revocation provisions;
clarifying taxidermy and bow fishing provisions;
modifying fish house requirements; repealing certain
fleeing provisions; amending Minnesota Statutes 2000,
sections 6.48; 84.788, subdivisions 3 and 4; 84.796;
84.798, subdivisions 3 and 5; 84.82, subdivision 2;
84.83, subdivisions 3 and 5; 84.862, subdivisions 1
and 2; 84.872, subdivision 1; 84.922, subdivisions 2
and 3; 86B.401, subdivisions 1, 3, and 4; 86B.705,
subdivision 2; 86B.820, subdivision 13; 86B.825,
subdivision 1; 86B.830, subdivision 1; 97A.065,
subdivision 2; 97A.105, subdivisions 4 and 9; 97A.421,
subdivision 1; 97A.425, subdivision 1; 97A.441,
subdivision 1; 97A.512; 97B.055, subdivision 2;
97C.355, subdivision 1, by adding a subdivision; and
297A.94; proposing coding for new law in Minnesota
Statutes, chapter 86B; repealing Minnesota Statutes
2000, sections 84.792; and 84.801.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 6.48, is
amended to read:
6.48 [EXAMINATION OF COUNTIES; COST, FEES.]
All the powers and duties conferred and imposed upon the
state auditor shall be exercised and performed by the state
auditor in respect to the offices, institutions, public
property, and improvements of several counties of the state. At
least once in each year, if funds and personnel permit, the
state auditor shall visit, without previous notice, each county
and make a thorough examination of all accounts and records
relating to the receipt and disbursement of the public funds and
the custody of the public funds, including the game and fish
funds, and other property. The state auditor shall prescribe
and install systems of accounts and financial reports that shall
be uniform, so far as practicable, for the same class of
offices. A copy of the report of such examination shall be
filed and be subject to public inspection in the office of the
state auditor and another copy in the office of the auditor of
the county thus examined. The state auditor may accept the
records and audit, or any part thereof, of the department of
human services in lieu of examination of the county social
welfare funds, if such audit has been made within any period
covered by the state auditor's audit of the other records of the
county. If any such examination shall disclose malfeasance,
misfeasance, or nonfeasance in any office of such county, such
report shall be filed with the county attorney of the county,
and the county attorney shall institute such civil and criminal
proceedings as the law and the protection of the public
interests shall require.
The county receiving such examination, and the division of
game and fish of the department of natural resources of the
state of Minnesota, in the case of the examination of the game
and fish funds, shall pay to the state general fund,
notwithstanding the provisions of section 16A.125, the total
cost and expenses of such examinations, including the salaries
paid to the examiners while actually engaged in making such
examination. The state auditor on deeming it advisable may bill
counties, having a population of 200,000 or over, monthly for
services rendered and the officials responsible for approving
and paying claims shall cause said bill to be promptly paid.
The general fund shall be credited with all collections made for
any such examinations.
Sec. 2. Minnesota Statutes 2000, section 84.788,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application
for registration or continued registration must be made to the
commissioner or an authorized deputy registrar of motor vehicles
on in a form prescribed by the commissioner. The form must
state the name and address of every owner of the off-highway
motorcycle and must be signed by at least one owner.
(b) A person who purchases from a retail dealer an
off-highway motorcycle that is intended to be operated on public
lands or waters shall make application for registration to the
dealer at the point of sale. The dealer shall issue a temporary
ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer shall submit the completed
registration applications and fees to the deputy registrar at
least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, a 60-day temporary receipt
and shall assign a registration number that must be affixed to
the motorcycle in a manner prescribed by the commissioner. A
dealer subject to paragraph (b) shall provide the registration
materials and temporary receipt to the purchaser within the
ten-day temporary permit period.
(d) The commissioner shall develop a registration system to
register vehicles under this section. A deputy registrar of
motor vehicles acting under section 168.33, is also a deputy
registrar of off-highway motorcycles. The commissioner of
natural resources in agreement with the commissioner of public
safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with
the accounting and procedural requirements. A fee of $2 in
addition to other fees prescribed by law is charged for each
off-highway motorcycle registered by:
(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
kept if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.
Sec. 3. Minnesota Statutes 2000, section 84.788,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION CARD; SIGNATURE; REPLACEMENT FEE.]
The commissioner shall provide to the registrant a registration
card that includes the registration number, the date of
registration, the make and serial number of the off-highway
motorcycle, the owner's name and address, and additional
information the commissioner may require. The registration is
not valid unless signed by at least one owner. Information
concerning registrations must be kept by the commissioner. Upon
a satisfactory showing that the registration card has been lost
or destroyed, the commissioner shall issue a replacement
registration card upon payment of a fee of $4. The fees
collected from replacement registration cards must be credited
to the off-highway motorcycle account.
Sec. 4. Minnesota Statutes 2000, section 84.796, is
amended to read:
84.796 [PENALTIES.]
(a) A person who violates a provision of section 84.788,
84.789, 84.792, 84.793, or 84.795 is guilty of a misdemeanor.
(b) A person who violates a provision of a rule adopted
under section 84.79 is guilty of a petty misdemeanor.
Sec. 5. Minnesota Statutes 2000, section 84.798,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; ISSUANCE.] Application for
registration or continued registration must be made to the
commissioner, or an authorized deputy registrar of motor
vehicles on in a form prescribed by the commissioner. The form
must state the name and address of every owner of the off-road
vehicle and must be signed by at least one owner. Upon receipt
of the application and the appropriate fee, the commissioner
shall register the off-road vehicle and assign a registration
number that must be affixed to the vehicle in accordance with
subdivision 4. A deputy registrar of motor vehicles acting
under section 168.33 is also a deputy registrar of off-road
vehicles. The commissioner of natural resources in cooperation
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to ensure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements. A fee of $2 in addition to other fees
prescribed by law must be charged for each off-road vehicle
registered by:
(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-road vehicle account.
Sec. 6. Minnesota Statutes 2000, section 84.798,
subdivision 5, is amended to read:
Subd. 5. [REGISTRATION CARD; SIGNATURE; REPLACEMENT FEE.]
The commissioner shall provide to the registrant a registration
card that includes the registration number, date of expiration,
make and serial number of the off-road vehicle, owner's name and
address, and additional information the commissioner may
require. The registration is not valid unless signed by at
least one owner. Information concerning each registration must
be kept by the commissioner. If a registration card is lost or
destroyed, the commissioner shall issue a replacement
registration card on payment of a fee of $4. The fees collected
from replacement registration cards must be credited to the
off-road vehicle account in the natural resources fund.
Sec. 7. Minnesota Statutes 2000, section 84.82,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.]
(a) Application for registration or reregistration shall be made
to the commissioner of natural resources, or the commissioner of
public safety or an authorized deputy registrar of motor
vehicles in such form as the commissioner of public safety shall
prescribe, and shall state the legal name and address of every
owner of the snowmobile and be signed by at least one owner.
(b) A person who purchases a snowmobile from a retail
dealer shall make application for registration to the dealer at
the point of sale. The dealer shall issue a temporary
registration permit to each purchaser who applies to the dealer
for registration. The temporary registration is valid for 60
days from the date of issue. Each retail dealer shall submit
completed registration and fees to the deputy registrar at least
once a week. Upon receipt of the application and the
appropriate fee as hereinafter provided, such snowmobile shall
be registered and a registration number assigned which shall be
affixed to the snowmobile in a clearly visible and permanent
manner for enforcement purposes as the commissioner of natural
resources shall prescribe. The registration is not valid unless
signed by at least one owner.
(c) Each deputy registrar of motor vehicles acting pursuant
to section 168.33, shall also be a deputy registrar of
snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting
and procedural requirements.
(d) A fee of $2 in addition to that otherwise prescribed by
law shall be charged for:
(1) each snowmobile registered by the registrar or a deputy
registrar and the additional fee shall be disposed of in the
manner provided in section 168.33, subdivision 2; or
(2) each snowmobile registered by the commissioner and the
additional fee shall be deposited in the state treasury and
credited to the snowmobile trails and enforcement account in the
natural resources fund.
Sec. 8. Minnesota Statutes 2000, section 84.83,
subdivision 3, is amended to read:
Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited
in the account and interest earned on that money may be expended
only as appropriated by law for the following purposes:
(1) for a grant-in-aid program to counties and
municipalities for construction and maintenance of snowmobile
trails, including maintenance of trails on lands and waters of
Voyageurs National Park;
(2) for acquisition, development, and maintenance of state
recreational snowmobile trails;
(3) for snowmobile safety programs; and
(4) for the administration and enforcement of sections
84.81 to 84.90 84.91.
Sec. 9. Minnesota Statutes 2000, section 84.83,
subdivision 5, is amended to read:
Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of
fines and forfeited bail collected from prosecutions of
violations of sections 84.81 to 84.91 or rules adopted
thereunder, and violations of section 169A.20 that involve
off-road recreational vehicles, as defined in section 169A.03,
subdivision 16, are governed by section 97A.065.
Sec. 10. Minnesota Statutes 2000, section 84.862,
subdivision 1, is amended to read:
Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.]
(a) Effective October 1, 1998, any resident born after December
31, 1979, who operates a snowmobile in Minnesota, must possess:
(1) a valid snowmobile safety certificate or;
(2) a driver's license that has a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12; or
(3) an identification card with that has a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12.
(b) The certificate or qualification indicator may only be
issued upon successful completion of a course authorized under
section 84.86 or. Either the youth course under this
subdivision or the adult course under subdivision 2 if the
person is may be completed by persons 16 years of age or older.
Sec. 11. Minnesota Statutes 2000, section 84.862,
subdivision 2, is amended to read:
Subd. 2. [ADULT SAFETY TRAINING.] (a) Effective October 1,
2002, any resident born after December 31, 1976, and before
December 31, 1983, who operates a snowmobile in Minnesota, must
possess:
(1) a valid operator's permit or snowmobile safety
certificate;
(2) a driver's license that has a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12; or
(3) an identification card with that has a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12, showing.
(b) The certificate or qualification indicator may only be
issued upon successful completion of a safety course designed
for adults or persons 16 years of age or older. Whenever
possible, the safety course shall include a riding component
that stresses stopping distances.
Sec. 12. Minnesota Statutes 2000, section 84.872,
subdivision 1, is amended to read:
Subdivision 1. [RESTRICTIONS ON OPERATION.] (a)
Notwithstanding anything in section 84.87 to the contrary, no
person under 14 years of age shall make a direct crossing of a
trunk, county state-aid, or county highway as the operator of a
snowmobile, or operate a snowmobile upon a street or highway
within a municipality.
A person 14 years of age or older, but less than 18 years
of age, may make a direct crossing of a trunk, county state-aid,
or county highway only if the person has in immediate possession:
(1) a valid snowmobile safety certificate issued by the
commissioner or;
(2) a driver's license that has a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12; or
(3) an identification card with that has a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12.
(b) Notwithstanding section 84.862, no person under the age
of 14 years shall operate a snowmobile on any public land,
public easements, or water or grant-in-aid trail unless
accompanied by one of the following listed persons on the same
or an accompanying snowmobile, or on a device towed by the same
or an accompanying snowmobile: the person's parent, legal
guardian, or other person 18 years of age or older designated by
the parent or guardian. However, a person 12 years of age or
older but under the age of 14 years may operate a snowmobile on
public lands, public easements, and waters or a grant-in-aid
trail if the person has in immediate possession a valid
snowmobile safety certificate issued by the commissioner or an
identification card with a valid snowmobile qualification
indicator issued under section 171.07, subdivision 12.
Sec. 13. Minnesota Statutes 2000, section 84.922,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application
for registration or continued registration shall be made to the
commissioner of natural resources, the commissioner of public
safety or an authorized deputy registrar of motor vehicles on in
a form prescribed by the commissioner. The form must state the
name and address of every owner of the vehicle and be signed by
at least one owner.
(b) A person who purchases an all-terrain vehicle from a
retail dealer shall make application for registration to the
dealer at the point of sale. The dealer shall issue a temporary
ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer shall submit the completed
registration application and fees to the deputy registrar at
least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, a 60-day temporary receipt
and shall assign a registration number that must be affixed to
the vehicle in a manner prescribed by the commissioner. A
dealer subject to paragraph (b) shall provide the registration
materials and temporary receipt to the purchaser within the
ten-day temporary permit period. The commissioner shall use the
snowmobile registration system to register vehicles under this
section.
(d) Each deputy registrar of motor vehicles acting under
section 168.33, is also a deputy registrar of all-terrain
vehicles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements.
(e) A fee of $2 in addition to other fees prescribed by law
shall be charged for each vehicle registered by:
(1) a deputy registrar and shall be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or
(2) the commissioner and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the
natural resources fund.
Sec. 14. Minnesota Statutes 2000, section 84.922,
subdivision 3, is amended to read:
Subd. 3. [REGISTRATION CARD; SIGNATURE.] The commissioner
shall provide to the registrant a registration card that
includes the registration number, the date of registration, the
make and serial number of the vehicle, the owner's name and
address, and additional information the commissioner may require.
Information concerning each registration shall be retained by
the commissioner. The registration is not valid unless signed
by at least one owner. Upon a satisfactory showing that the
registration card has been lost or destroyed the commissioner
shall issue a replacement registration card upon payment of a
fee of $4. The fees collected from replacement registration
cards shall be deposited in the all-terrain vehicle account in
the natural resources fund.
Sec. 15. [86B.107] [REMOVAL OF SUBMERGED VEHICLES FROM
WATERS OF THE STATE.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, "vehicle" means a motor vehicle as defined in section
97A.015, subdivision 32, or a watercraft as defined in section
86B.005, subdivision 18.
(b) For purposes of this section, "owner" means the
registered owner, last registered owner, or legal owner of a
vehicle if the vehicle is not registered.
Subd. 2. [RESPONSIBILITY FOR REMOVAL.] (a) The owner of a
submerged vehicle is responsible for removing the vehicle from
waters of the state, unless the vehicle is permitted or
otherwise exempt from removal. Removal must be completed within
30 days of the vehicle entering the water or being discovered in
the water, unless the owner is notified in writing by the
political subdivision having jurisdiction that the removal must
be completed sooner. Upon request of the political subdivision
the commissioner may extend the 30-day time period for removal.
(b) The owner of the vehicle shall report that the vehicle
is submerged in a body of water. The owner shall report the
date and the circumstances surrounding the submergence to the
sheriff of the county where the body of water is located within
48 hours of the vehicle entering the water.
(c) If the vehicle is not removed according to paragraph
(a), the political subdivision in whose jurisdiction the lake or
watercourse is located shall remove the vehicle. The owner of
the vehicle is subject to a civil penalty of not less than twice
nor more than five times the costs incurred by the political
subdivision to remove, process, and dispose of the vehicle.
Civil penalties imposed under this section may be enforced and
distributed as provided in section 115A.99.
(d) The owner of a submerged vehicle is not responsible for
removal of the vehicle if the vehicle was used without the
owner's knowledge. This includes, but is not limited to, the
operation of a vehicle that was under the control of a member of
the owner's household. If the driver or operator of the vehicle
is known, the driver or operator is responsible for removing the
vehicle according to this section.
Sec. 16. Minnesota Statutes 2000, section 86B.401,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] (a) A person may apply to
the commissioner of natural resources, the commissioner of
public safety, or an authorized deputy registrar of motor
vehicles to license a watercraft in a form as prescribed by the
commissioner of public safety.
(b) The application must state the names and addresses of
all owners of the watercraft and be signed by at least one owner.
(c) The installation or presence of a marine toilet in a
watercraft must be indicated by the owner upon application for
licensing of the watercraft or marine conveyance, and a license
for watercraft bearing a marine toilet may not be issued except
upon certification by the owner of the installation of an
acceptable retention device for use with the marine toilet.
Sec. 17. Minnesota Statutes 2000, section 86B.401,
subdivision 3, is amended to read:
Subd. 3. [LICENSING.] The license agent shall register the
watercraft on receiving an application and the license fee. A
license and registration sticker with a registration number
shall be issued and must be affixed to the watercraft as
prescribed by the commissioner of natural resources. The
license is not valid unless signed by at least one owner.
Sec. 18. Minnesota Statutes 2000, section 86B.401,
subdivision 4, is amended to read:
Subd. 4. [LICENSE NUMBER.] Each watercraft must be
assigned a license number. The license number assigned a
watercraft shall may remain the same if continually renewed even
if not renewed in consecutive years. The owner of a watercraft
must purchase the watercraft license numbers assigned and affix
the license numbers as prescribed by the commissioner.
Sec. 19. Minnesota Statutes 2000, section 86B.705,
subdivision 2, is amended to read:
Subd. 2. [FINES AND BAIL MONEY.] (a) All fines,
installment payments, and forfeited bail money collected from
persons convicted of violations of this chapter or rules adopted
thereunder, or of a violation of section 169A.20 involving a
motorboat, shall be paid to the county treasurer of the county
where the violation occurred by the court administrator or other
person collecting the money within 15 days after the last day of
the month the money was collected.
(b) One-half of the receipts shall be credited to the
general revenue fund of the county. The other one-half of the
receipts shall be transmitted by the county treasurer to the
commissioner of natural resources to be deposited in the state
treasury and credited to the water recreation account for the
purpose of boat and water safety.
Sec. 20. Minnesota Statutes 2000, section 86B.820,
subdivision 13, is amended to read:
Subd. 13. [TITLED WATERCRAFT.] "Titled watercraft" means a
watercraft required to have a certificate of title under section
86B.825, subdivision 1, or; a watercraft for which a certificate
of title has been issued under section 86B.825, subdivision 3;
or a watercraft previously issued a certificate of title or
similar document from another jurisdiction.
Sec. 21. Minnesota Statutes 2000, section 86B.825,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] Except as provided in
subdivision 2, a watercraft used on the waters of the state must
have a certificate of title if:
(1) the watercraft is owned by a resident of this state and
is kept in the state for more than 90 consecutive days; or
(2) the watercraft is kept in the state for more than 60
consecutive days and has not been issued a certificate of title
or similar document from another jurisdiction.
Sec. 22. Minnesota Statutes 2000, section 86B.830,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] The owner of a titled
watercraft must apply for the first certificate of title of a
watercraft in this state to the commissioner or a deputy
registrar on a form prescribed by the commissioner. The
appropriate fee under section 86B.870 must accompany the
application. The application must be signed by the owner and
contain:
(1) the full names, dates of birth, and addresses of owners
who are natural persons and the full names and addresses of
other owners;
(2) a description of the watercraft including its make,
model, year, length, the principal material used in
construction, and the builder's or manufacturer's hull
identification number, and the manufacturer's inboard engine
serial number;
(3) the date of purchase by the applicant, the name and
address of the person from whom the watercraft was acquired;
(4) the name and address of the person who is to possess
the title and any conditions of possession; and
(5) other information required by the commissioner to
determine whether the owner is entitled to a certificate of
title and whether security interests exist in the watercraft.
Sec. 23. Minnesota Statutes 2000, section 97A.065,
subdivision 2, is amended to read:
Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and
forfeited bail collected from prosecutions of violations of:
the game and fish laws or rules adopted thereunder; sections
84.091 to 84.15 or rules adopted thereunder; sections 84.81 to
84.91 or rules adopted thereunder; section 169A.20, when the
violation involved an off-road recreational vehicle as defined
in section 169A.03, subdivision 16; chapter 348; and any other
law relating to wild animals or aquatic vegetation, must be paid
to the treasurer of the county where the violation is
prosecuted. The county treasurer shall submit one-half of the
receipts to the commissioner and credit the balance to the
county general revenue fund except as provided in paragraphs
(b), (c), and (d). In a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), as added in Laws
1999, chapter 216, article 7, section 26, the share that would
otherwise go to the county under this paragraph must be
submitted to the state treasurer for deposit in the state
treasury and credited to the general fund.
(b) The commissioner must reimburse a county, from the game
and fish fund, for the cost of keeping prisoners prosecuted for
violations under this section if the county board, by
resolution, directs: (1) the county treasurer to submit all
fines and forfeited bail to the commissioner; and (2) the county
auditor to certify and submit monthly itemized statements to the
commissioner.
(c) The county treasurer shall submit one-half of the
receipts collected under paragraph (a) from prosecutions of
violations of sections 84.81 to 84.91 or rules adopted
thereunder, and 169A.20, except receipts that are surcharges
imposed under section 357.021, subdivision 6, to the
commissioner and credit the balance to the county general fund.
The commissioner shall credit these receipts to the snowmobile
trails and enforcement account in the natural resources fund.
(d) The county treasurer shall indicate the amount of the
receipts that are surcharges imposed under section 357.021,
subdivision 6, and shall submit all of those receipts to the
state treasurer.
Sec. 24. Minnesota Statutes 2000, section 97A.105,
subdivision 4, is amended to read:
Subd. 4. [SALE OF LIVE ANIMALS.] (a) A sale of live
animals from a licensed fur or game farm is not valid unless the
animals are delivered to the purchaser or they are identified
and kept separately.
(b) Live animals sold through auction or through a broker
are considered to be sold by the game farm licensee.
(c) The sale agreement or contract must be in writing. The
licensee must notify a purchaser of the death of an animal
within 30 days and of the number of increase before July 20 of
each year.
Sec. 25. Minnesota Statutes 2000, section 97A.105,
subdivision 9, is amended to read:
Subd. 9. [RULES.] The commissioner may adopt rules for:
(1) the issuance of game farm licenses;
(2) the inspection of game farm facilities;
(3) the acquisition and disposal of game farm animals; and
(4) record keeping and reporting by game farm licensees,
including transactions handled by auction or broker.
Sec. 26. Minnesota Statutes 2000, section 97A.421,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) The annual license of a
person convicted of a violation of the game and fish laws
relating to the license or wild animals covered by the license
is void when:
(1) a second conviction occurs within three years under a
license to take small game or to take fish by angling or
spearing;
(2) a third conviction occurs within one year under a
minnow dealer's license;
(3) a second conviction occurs within three years for
violations of section 97A.425 that do not involve falsifications
or intentional omissions of information required to be recorded,
or attempts to conceal unlawful acts within the records;
(4) two or more misdemeanor convictions occur within a
three-year period under a private fish hatchery license; or
(5) the conviction occurs under a license not described in
clause (1), (2), or (4) or is for a violation of section 97A.425
not described in clause (3); or
(6) the conviction is related to assisting a person in the
illegal taking, transportation, or possession of wild animals,
when acting as a hunting or angling guide.
(b) Except for big game licenses and as otherwise provided
in this section, for one year after the conviction the person
may not obtain the kind of license or take wild animals under a
lifetime license, issued under section 97A.473 or 97A.474,
relating to the game and fish law violation.
Sec. 27. Minnesota Statutes 2000, section 97A.425,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT LICENSE AND RECORD
REQUIREMENTS.] (a) A person must have the required to have a
license under the game and fish laws to buy or sell wild
animals, to tan animal hides or dress raw furs, or to mount
specimens of wild animals, and must keep complete records of all
transactions and activities covered by the license and submit
reports to the commissioner.
(b) A person is not required to be licensed to tan animal
hides or dress raw furs or to mount specimens of wild animals if
the person is not compensated for the service.
Sec. 28. Minnesota Statutes 2000, section 97A.441,
subdivision 1, is amended to read:
Subdivision 1. [ANGLING AND SPEARING; DISABLED RESIDENTS.]
Licenses to take fish by angling or spearing shall be issued
without a fee to a resident that who is:
(1) blind;
(2) a recipient of supplemental security income for the
aged, blind, and disabled;
(3) a recipient of social security aid to the disabled
under United States Code, title 42, section 416, paragraph
(i)(l) or section 423(d); or
(4) is a recipient of workers' compensation based on a
finding of total and permanent disability; or
(5) 65 years of age or older and was qualified under clause
(2) or (3) at the age of 64.
Sec. 29. Minnesota Statutes 2000, section 97A.512, is
amended to read:
97A.512 [SALE OF INEDIBLE PORTIONS OF BIG GAME ANIMALS,
FUR-BEARING ANIMALS, FISH, AND GAME BIRDS OTHER THAN MIGRATORY
WATERFOWL.]
(a) Except as otherwise provided by the game and fish laws
and as restricted in this section, a person may possess,
transport, buy, or sell the following inedible portions of
lawfully taken or acquired big game animals, fur-bearing
animals, fish, and game birds other than migratory waterfowl:
bones, including skulls; sinews; hides and skins; hooves; teeth;
claws; and antlers.
(b) A person may not buy or sell bear paws, unless attached
to the hide, or bear gallbladders.
Sec. 30. Minnesota Statutes 2000, section 97B.055,
subdivision 2, is amended to read:
Subd. 2. [RESTRICTIONS RELATED TO MOTOR VEHICLES.] A
person may not take a wild animal with a firearm or by archery
from a motor vehicle except as permitted in this section.
Notwithstanding section 97B.091, a person may transport a bow
uncased while in an electric motor-powered boat and may take
rough fish while in the boat.
Sec. 31. Minnesota Statutes 2000, section 97C.355,
subdivision 1, is amended to read:
Subdivision 1. [IDENTIFICATION REQUIRED.] All shelters on
the ice of state waters, including dark houses and fish houses,
must have the name and address or driver's license number of an
owner legibly painted displayed on the exterior with characters
at least three two inches high.
Sec. 32. Minnesota Statutes 2000, section 97C.355, is
amended by adding a subdivision to read:
Subd. 7a. [HOUSES LEFT OVERNIGHT.] A fish house or dark
house left on the ice overnight must be marked with reflective
material on each side of the house. The reflective material
must measure a total area of no less than two square inches on
each side of the house. Violation of this subdivision is not
subject to subdivision 8 or section 97A.301.
Sec. 33. Minnesota Statutes 2000, section 297A.94, is
amended to read:
297A.94 [DEPOSIT OF REVENUES.]
(a) Except as provided in this section, 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 16,
paragraphs (b) and (f), 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, and for fiscal year
2002 and thereafter, 87 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. 34. [REPEALER.]
Minnesota Statutes 2000, sections 84.792 and 84.801, are
repealed.
Presented to the governor May 23, 2001
Signed by the governor May 24, 2001, 2:04 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes