Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 255-H.F.No. 2212
An act relating to natural resources; modifying
electronic licensing provisions; clarifying certain
wild rice provisions; modifying disposition of certain
proceeds; modifying snowmobile training and operating
requirements; modifying certain fee provisions;
eliminating RIM work plan requirement; modifying
reporting requirements; modifying motorboat equipment
and noise provisions; modifying provisions for
cross-country ski passes; providing for certain
refunds, fees, and commissions; modifying authority to
issue and sell licenses and appoint agents; modifying
nonresident minnow transport requirements; providing
for rulemaking; requiring a report on the electronic
licensing system; amending Minnesota Statutes 2002,
sections 84.027, subdivision 15; 84.091, subdivision
1; 84.8205, subdivision 5; 84.83, subdivision 2;
84.86, subdivision 1; 84.862, subdivisions 1, 3;
84.872, subdivision 1; 85.052, subdivision 4; 85.054,
subdivision 7, by adding a subdivision; 85.22,
subdivision 2a; 85.34, by adding subdivisions; 85.41,
subdivisions 2, 4, 5; 85.43; 86B.321, subdivision 2;
86B.521, subdivisions 1, 2; 97A.055, subdivision 4;
97A.311, by adding a subdivision; 97A.434, subdivision
3; 97A.4742, subdivision 4; 97A.485, subdivisions 3,
4, 5, 7, 11; 97B.721, as amended; 97C.501, subdivision
4; 97C.525, subdivisions 3, 5; 103B.611, subdivision
3; Minnesota Statutes 2003 Supplement, sections
16B.24, subdivision 5; 84.026; 84.773; 84.862,
subdivision 2a; 97A.475, subdivision 26; 97A.485,
subdivision 6; 103G.222, subdivision 1; 103G.615,
subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 84; repealing Minnesota
Statutes 2002, sections 84.862, subdivision 2; 84.95,
subdivision 3; 85.34, subdivision 4; 97A.485,
subdivisions 2, 8, 10; Minnesota Statutes 2003
Supplement, section 97A.475, subdivision 28; Laws
2004, chapter 215, sections 15, 23, 29, if enacted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2003 Supplement, section
16B.24, subdivision 5, is amended to read:
Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
The commissioner may rent out state property, real or personal,
that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law. The property may
not be rented out for more than five years at a time without the
approval of the State Executive Council and may never be rented
out for more than 25 years. A rental agreement may provide that
the state will reimburse a tenant for a portion of capital
improvements that the tenant makes to state real property if the
state does not permit the tenant to renew the lease at the end
of the rental agreement.
(b) [RESTRICTIONS.] Paragraph (a) does not apply to state
trust fund lands, other state lands under the jurisdiction of
the Department of Natural Resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands
acquired under section 41.56 which are under the jurisdiction of
the Department of Agriculture.
(c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
Chapel, located within the boundaries of Fort Snelling State
Park, is available for use only on payment of a rental fee. The
commissioner shall establish rental fees for both public and
private use. The rental fee for private use by an organization
or individual must reflect the reasonable value of equivalent
rental space. Rental fees collected under this section must be
deposited in the general fund.
(d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
shall establish rental rates for all living accommodations
provided by the state for its employees. Money collected as
rent by state agencies pursuant to this paragraph must be
deposited in the state treasury and credited to the general fund.
(e) (d) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
AGENCIES.] The commissioner may lease portions of the
state-owned buildings in the Capitol complex, the Capitol Square
Building, the Health Building, and the building at 1246
University Avenue, St. Paul, Minnesota, to state agencies and
the court administrator on behalf of the judicial branch of
state government and charge rent on the basis of space
occupied. Notwithstanding any law to the contrary, all money
collected as rent pursuant to the terms of this section shall be
deposited in the state treasury. Money collected as rent to
recover the bond interest costs of a building funded from the
state bond proceeds fund shall be credited to the general fund.
Money collected as rent to recover the depreciation costs of a
building funded from the state bond proceeds fund and money
collected as rent to recover capital expenditures from capital
asset preservation and replacement appropriations and statewide
building access appropriations shall be credited to a segregated
account in a special revenue fund. Fifty percent of the money
credited to the account each fiscal year must be transferred to
the general fund. The remaining money in the account is
appropriated to the commissioner to be expended for asset
preservation projects as determined by the commissioner. Money
collected as rent to recover the depreciation and interest costs
of a building built with other state dedicated funds shall be
credited to the dedicated fund which funded the original
acquisition or construction. All other money received shall be
credited to the general services revolving fund.
Sec. 2. Minnesota Statutes 2003 Supplement, section
84.026, is amended to read:
84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL
RESOURCES SERVICES.]
The commissioner of natural resources is authorized to
enter into contractual or grant agreements with any public or
private entity for the provision of statutorily prescribed
natural resources services by or for the department. The
contracts or grants shall specify the services to be provided
and, where services are being provided for the department, the
amount and method of reimbursement payment after services are
rendered. Funds generated in a contractual agreement made
pursuant to this section shall be deposited in the special
revenue fund and are appropriated to the department for purposes
of providing the services specified in the contracts. All
contractual and grant agreements shall be processed in
accordance with the provisions of section 16C.05. The
commissioner shall report revenues collected and expenditures
made under this section to the chairs of the Committees on
Appropriations in the house and Finance in the senate by January
1 of each odd-numbered year.
Sec. 3. Minnesota Statutes 2002, section 84.027,
subdivision 15, is amended to read:
Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner
may receive an application for, sell, and issue any license,
stamp, permit, registration, or transfer under the jurisdiction
of the commissioner by electronic means, including by
telephone. Notwithstanding section 97A.472, electronic and
telephone transactions may be made outside of the state. The
commissioner may:
(1) provide for the electronic transfer of funds generated
by electronic transactions, including by telephone;
(2) assign a license identification number to an applicant
who purchases a hunting or fishing license by electronic means,
to serve as temporary authorization to engage in the licensed
activity until the license is received or expires;
(3) charge and permit agents to charge a fee of individuals
who make electronic transactions and transactions by telephone,
including the issuing fee under section 97A.485, subdivision 6,
and an additional transaction fee not to exceed $3.50;
(4) select up to four volunteer counties, not more than two
in the metropolitan area, to participate in this pilot project
and the counties shall select the participating agents;
(5) upon completion of a pilot project, implement a
statewide system and select the participating agents collect
issuing or filing fees as provided under sections 84.788,
subdivision 3, paragraph (e); 84.798, subdivision 3, paragraph
(b); 84.82, subdivision 2, paragraph (d); 84.8205, subdivisions
5 and 6; 84.922, subdivision 2, paragraph (e); 85.41,
subdivision 5; 86B.415, subdivision 8; and 97A.485, subdivision
6, and collect an electronic licensing system commission on
sales of licenses as provided under sections 85.43, paragraph
(b), and 97A.485, subdivision 7; and
(6) (5) adopt rules to administer the provisions of this
subdivision.
(b) A county shall not collect a commission for the sale of
licenses or permits made by agents selected by the participating
counties under this subdivision.
(c) Establishment of the transaction fee under paragraph
(a), clause (3), is not subject to the rulemaking procedures of
chapter 14 and section 14.386 does not apply.
(d) (c) Money received from fees and commissions collected
under this subdivision, including interest earned, is annually
appropriated from the game and fish fund and the natural
resources fund to the commissioner for the cost of electronic
licensing.
Sec. 4. [84.0857] [FACILITIES MANAGEMENT ACCOUNT.]
The commissioner of natural resources may bill
organizational units within the Department of Natural Resources
for the costs of providing them with building and infrastructure
facilities. Costs billed may include modifications and
adaptations to allow for appropriate building occupancy,
building code compliance, insurance, utility services,
maintenance, repair, and other direct costs as determined by the
commissioner. Receipts shall be credited to a special account
in the state treasury and are appropriated to the commissioner
to pay the costs for which the billings were made.
Sec. 5. Minnesota Statutes 2002, section 84.091,
subdivision 1, is amended to read:
Subdivision 1. [OWNERSHIP.] The state is the owner of wild
rice and other aquatic vegetation growing in public waters. A
person may not acquire a property interest in wild rice or other
aquatic vegetation or destroy wild rice or aquatic vegetation,
except as authorized under this chapter or section 103G.615.
Sec. 6. Minnesota Statutes 2003 Supplement, section
84.773, is amended to read:
84.773 [RESTRICTIONS ON OPERATION.]
Subdivision 1. [RESTRICTIONS.] A person may not
intentionally operate an off-highway vehicle:
(1) on a trail on public land that is designated or signed
for nonmotorized use only;
(2) on restricted areas within public lands that are posted
or where gates or other clearly visible structures are placed to
prevent unauthorized motorized vehicle access; or
(3) except as specifically authorized by law or rule
adopted by the commissioner, in: type 3, 4, 5, and 8 wetlands
or unfrozen public waters, as defined in section 103G.005; in a
state park; in a scientific and natural area; or in a wildlife
management area; or
(4) in a calcareous fen, as identified by the commissioner.
Subd. 2. [WETLAND DISTURBANCE.] A person may not operate
an off-highway vehicle in a manner to:
(1) indicate a willful, wanton, or reckless disregard for
the safety of persons or property;
(2) carelessly upset the natural and ecological balance of
a wetland or public waters wetland; or
(3) impact a wetland or public waters wetland in excess of
the amounts authorized in section 103G.2241, subdivision 9,
unless:
(i) sequencing of the impact is followed according to
section 103G.222, subdivision 1, paragraph (b), and the impact
is repaired under section 103G.2242, and rules adopted pursuant
to that section; or
(ii) the activity is exempt under section 103G.2241.
Subd. 3. [PRIVATE LAND ACCESS.] The commissioner may grant
up to a ten-year permit to exempt a private landowner or
leaseholder from this section when the only reasonable access to
a permit applicant's land is across state land.
Sec. 7. Minnesota Statutes 2002, section 84.8205,
subdivision 5, is amended to read:
Subd. 5. [AGENT'S FEE.] In addition to the fee for a
sticker shall be increased by the amount of, an issuing fee of
$1 per sticker shall be charged. The issuing fee may be
retained by the seller of the sticker. Issuing fees for
stickers issued by the commissioner shall be deposited in the
snowmobile trails and enforcement account in the natural
resources fund and retained for the operation of the electronic
licensing system.
Sec. 8. Minnesota Statutes 2002, section 84.83,
subdivision 2, is amended to read:
Subd. 2. [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the
registration of snowmobiles and the unrefunded gasoline tax
attributable to snowmobile use pursuant to section 296A.18, as
well as the net proceeds from the sale of snowmobiles forfeited
pursuant to section 169A.63, shall be deposited in the state
treasury and credited to the snowmobile trails and enforcement
account.
Sec. 9. Minnesota Statutes 2002, section 84.86,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED RULES.] With a view of achieving
maximum use of snowmobiles consistent with protection of the
environment the commissioner of natural resources shall adopt
rules in the manner provided by chapter 14, for the following
purposes:
(1) Registration of snowmobiles and display of registration
numbers.
(2) Use of snowmobiles insofar as game and fish resources
are affected.
(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety
education and training program, including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators, and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile
safety education and training course. For the purpose of
administering such program and to defray expenses of training
and certifying snowmobile operators, the commissioner shall
collect a fee from each person who receives the youth and young
adult training or the adult training. The commissioner shall
establish a fee that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the services. The fee is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The fees must be deposited in the snowmobile trails and
enforcement account and the amount thereof is appropriated
annually to the Enforcement Division of the Department of
Natural Resources for the administration of such programs. In
addition to the fee established by the commissioner, instructors
may charge each person up to the established fee amount for
class materials and expenses. The commissioner shall cooperate
with private organizations and associations, private and public
corporations, and local governmental units in furtherance of the
program established under this clause. School districts may
cooperate with the commissioner and volunteer instructors to
provide space for the classroom portion of the training. The
commissioner shall consult with the commissioner of public
safety in regard to training program subject matter and
performance testing that leads to the certification of
snowmobile operators.
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $500 or more, shall forward a written report of the
accident to the commissioner on such form as the commissioner
shall prescribe. If the operator is killed or is unable to file
a report due to incapacitation, any peace officer investigating
the accident shall file the accident report within ten business
days.
Sec. 10. Minnesota Statutes 2002, 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 1976, who operates a snowmobile in Minnesota, must
possess:
(1) a valid 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 that has a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12.
(b) For youth or adults taking the youth course, the
certificate or qualification indicator may only be issued upon
successful completion of a course authorized under section
84.86. Either the youth course under this subdivision paragraph
or the adult course under subdivision 2 paragraph (c) may be
completed by persons 16 years of age or older.
(c) Persons 16 years of age or older may take the adult
snowmobile safety training course. 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.
Sec. 11. Minnesota Statutes 2003 Supplement, section
84.862, subdivision 2a, is amended to read:
Subd. 2a. [CERTIFICATES ISSUED IN OTHER STATES.] If a
person completes a safety course in another state that is
recognized by the commissioner under a reciprocity agreement or
certified by the commissioner as substantially similar to
requirements in this state, evidence that the person has
completed that course is acceptable in lieu of a certificate
under this section.
Sec. 12. Minnesota Statutes 2002, section 84.862,
subdivision 3, is amended to read:
Subd. 3. [TRAINING FOR OFFENDERS.] Any person who is
convicted for a second or subsequent speeding violation in a
snowmobile season, or any conviction for careless or reckless
operation of a snowmobile, must successfully complete the a
training course in subdivision 1 or 2 before continuing
operation of a snowmobile.
Sec. 13. Minnesota Statutes 2002, 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;
(2) a driver's license that has a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12; or
(3) an identification card 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
supervised by or 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.
(c) The snowmobile safety certificate exceptions under
paragraph (b) do not allow a person under the age of 14 years to
make a direct crossing of a highway as the operator of a
snowmobile or to operate a snowmobile upon a street or highway,
as prohibited under paragraph (a).
Sec. 14. Minnesota Statutes 2002, section 85.052,
subdivision 4, is amended to read:
Subd. 4. [DEPOSIT OF FEES.] (a) Fees paid for providing
contracted products and services within a state park, state
recreation area, or wayside, and for special state park uses
under this section shall be deposited in the natural resources
fund and credited to a state parks account.
(b) Gross receipts derived from sales, rentals, or leases
of natural resources within state parks, recreation areas, and
waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the general fund.
Sec. 15. Minnesota Statutes 2002, section 85.054,
subdivision 7, is amended to read:
Subd. 7. [TETTEGOUCHE STATE PARK.] A state park permit is
not required and a fee may not be charged for motor vehicle
entry at Palisade Head in Tettegouche State Park, provided that
motor vehicles entering the park under this provision may not be
parked at Palisade Head for more than one hour. A state park
permit is not required and a fee may not be charged for the
Class I rest area parking area at Tettegouche State Park.
Sec. 16. Minnesota Statutes 2002, section 85.054, is
amended by adding a subdivision to read:
Subd. 10. [RED RIVER STATE RECREATION AREA.] A state park
permit is not required and a fee may not be charged for any
portion of the Red River State Recreation Area located outside
of the campground.
Sec. 17. Minnesota Statutes 2002, section 85.22,
subdivision 2a, is amended to read:
Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived
from the rental or sale of state park items, tours at
Forestville State Park, and operation of Douglas Lodge shall be
deposited in the state treasury and be credited to the state
parks working capital account. Receipts and expenses from
Douglas Lodge shall be tracked separately within the account.
Money in the account is annually appropriated for the purchase
and payment of expenses attributable to items for resale or
rental and operation of Douglas Lodge. Any excess receipts in
this account are annually appropriated for state park management
and interpretive programs.
Sec. 18. Minnesota Statutes 2002, section 85.34, is
amended by adding a subdivision to read:
Subd. 6. [MINNEAPOLIS LEASE.] A lease to the Minneapolis
Park and Recreation Board for the purposes of athletic fields
and golf course operations is subject to subdivisions 1 to 5,
except as provided in this subdivision. Approval of the
Executive Council is not required for the lease or the issuance
of a liquor license. A lease of any portion of Officer's Row or
Area J may include a charge to be paid by the tenant for
repayment of a portion of the costs incurred by the Minneapolis
Park and Recreation Board for the installation of a new water
line on the upper bluff. The total amount to be repaid to the
Minneapolis Park and Recreation Board by tenants of Officer's
Row and Area J shall not exceed $450,000.
Sec. 19. Minnesota Statutes 2002, section 85.34, is
amended by adding a subdivision to read:
Subd. 7. [DISPOSITION OF PROCEEDS.] (a) All revenue
derived from the lease of the Fort Snelling upper bluff, with
the exception of payment for costs of the water line as
described in subdivision 6, shall be deposited in the natural
resources fund and credited to a state park account.
(b) Revenue and expenses from the upper bluff shall be
tracked separately within the account. Money in the account
derived from the leasing or operation of the property described
in subdivision 1 may be appropriated for the payment of expenses
attributable to the leasing and operation of the property
described in subdivision 1, including but not limited to, the
maintenance, repair, and rehabilitation of historic buildings
and landscapes.
Sec. 20. Minnesota Statutes 2002, section 85.41,
subdivision 2, is amended to read:
Subd. 2. [LICENSE AGENTS.] (a) County auditors are
appointed agents of the commissioner for the sale of
cross-country ski passes. The commissioner may appoint other
state agencies as agents for the sale of passes. A county
auditor The commissioner may appoint subagents within the county
or within adjacent counties agents to issue and sell
cross-country ski passes. Upon appointment the auditor shall
notify the commissioner of the name and address of the
subagent. The auditor commissioner may revoke the appointment
of a subagent, and the commissioner may revoke the appointment
of a state agency, an agent at any time. Upon demand of the
commissioner, the auditor shall revoke a subagent's
appointment. The auditor shall furnish pass blanks on
consignment to any subagent who furnishes a surety bond in favor
of the county in an amount at least equal to the value of the
blanks to be consigned to that subagent. A surety bond is not
required of a state agency appointed by the commissioner. The
county auditor shall be responsible for all blanks issued to,
and user fees received by agents, except in St. Louis County or
in a county where the county auditor does not retain fees paid
for license purposes. In these counties, the responsibilities
imposed upon the county auditor are imposed upon the county.
(b) The commissioner may promulgate additional rules as
provided in section 97A.485, subdivision 11. Any resident
desiring to sell cross-country ski passes may either purchase
for cash or obtain on consignment pass blanks from a county
auditor in groups of not less than ten individual blanks. In
selling passes, the resident shall be deemed a subagent of the
county auditor and the commissioner, and An agent shall observe
all rules promulgated by the commissioner for the accounting and
handling of licenses pursuant to section 97A.485, subdivision 11.
The county auditor shall (c) An agent must promptly deposit
and remit all moneys received from the sale of passes with the
county treasurer, and shall promptly transmit any reports
required by, except issuing fees, to the commissioner, plus 96
percent of the price to each pass holder, exclusive of the
issuing fee, for each pass sold or consigned by the auditor and
subsequently sold to a pass holder during the accounting
period. The county auditor shall retain as a commission four
percent of all pass fees, excluding the issuing fee for passes
consigned to subagents and the issuing fee on passes sold by the
auditor to pass holders.
Unsold blanks in the hands of any subagent shall be
redeemed by the commissioner if presented for redemption within
the time prescribed by the commissioner. Any blanks not
presented for redemption within the period prescribed shall be
conclusively presumed to have been sold, and the subagent
possessing the same or to whom they are charged shall be
accountable.
Sec. 21. Minnesota Statutes 2002, section 85.41,
subdivision 4, is amended to read:
Subd. 4. [FORM ISSUANCE.] The department commissioner and
agents shall provide forms and blanks to all agents authorized
to issue and sell cross-country ski passes by the commissioner.
The pass shall be with the skier and available for inspection by
any peace or conservation officer. The pass shall include the
applicant's signature and other information deemed necessary by
the commissioner.
Sec. 22. Minnesota Statutes 2002, section 85.41,
subdivision 5, is amended to read:
Subd. 5. [ISSUING FEE.] In addition to the fee for a
cross-country ski pass shall be increased by the amount of, an
issuing fee of $1 per pass shall be charged. The issuing fee
shall be retained by the seller of the pass. Issuing fees for
passes issued by the commissioner shall be deposited in the
cross-country ski account in the natural resources fund and
retained for the operation of the electronic licensing system.
A pass shall indicate the amount of the fee that is retained by
the seller.
Sec. 23. Minnesota Statutes 2002, section 85.43, is
amended to read:
85.43 [DISPOSITION OF RECEIPTS; PURPOSE.]
(a) Fees from cross-country ski passes shall be deposited
in the state treasury and credited to a cross-country ski
account in the natural resources fund and, except as provided in
paragraph (b), are appropriated to the commissioner of natural
resources for:
(a) (1) grants-in-aid for cross-country ski trails
sponsored by local units of government and special park
districts as provided in section 85.44; and
(b) (2) maintenance, winter grooming, and associated
administrative costs for cross-country ski trails under the
jurisdiction of the commissioner.
(b) The commissioner shall retain for the operation of the
electronic licensing system a commission of 4.7 percent of all
cross-country ski pass fees collected.
Sec. 24. Minnesota Statutes 2002, section 86B.321,
subdivision 2, is amended to read:
Subd. 2. [NOISE LIMITS.] (a) The noise limits for the
total noise from the marine engine or motorboat may not exceed:
(1) for marine engines or motorboats manufactured before
January 1, 1982, a noise level of 84 decibels on the A scale
measured at a distance of 50 feet from the motorboat or
equivalent noise levels at other distances as specified by the
commissioner in a pass-by test or 86 decibels on the A scale
measured at idle in a stationary test at least four feet above
the water and at least four feet behind the transom of the
motorboat being tested; and
(2) for marine engines or motorboats manufactured on or
after January 1, 1982, a noise level of 82 decibels on the A
scale measured at a distance of 50 feet from the motorboat or
equivalent noise levels at other distances as specified by the
commissioner in a pass-by test or 84 decibels on the A scale
measured at idle in a stationary test at least four feet above
the water and at least four feet behind the transom of the
motorboat being tested.
(b) The noise limits in paragraph (a) do not preclude
enforcement of other laws relating to motorboat noise. The
officer or deputy doing the testing shall determine which test
or tests shall be used. Failure to pass either the pass-by or
stationary idle test is a violation of this section.
Sec. 25. Minnesota Statutes 2002, section 86B.521,
subdivision 1, is amended to read:
Subdivision 1. [EXHAUST MUFFLING SYSTEM REQUIRED.] A motor
may not be used on a motorboat unless it is equipped with an
efficient muffler, underwater exhaust, or other device that
adequately muffles or suppresses the sound of the exhaust of the
motor so as to prevent excessive or unusual noise. A motor may
not be equipped with a cutout an altered muffler, muffler
cutout, muffler bypass, or any other device designed or
installed so that it can be used to continually or
intermittently bypass any muffler or muffler system installed in
the motorboat or to reduce or eliminate the effectiveness of
such a muffler or muffler system.
Sec. 26. Minnesota Statutes 2002, section 86B.521,
subdivision 2, is amended to read:
Subd. 2. [SALE OF MOTOR THAT EXCEEDS NOISE LIMITS
PROHIBITED.] A person may not sell or offer for sale a new
marine engine or motorboat that would exceed the noise limits
contained in section 86B.321, subdivision 2, under a test
procedure approved by the commissioner if the motor is
maintained according to the manufacturer's specifications.
Sec. 27. Minnesota Statutes 2002, section 97A.055,
subdivision 4, is amended to read:
Subd. 4. [GAME AND FISH ANNUAL REPORTS.] (a) By November
December 15 each year, the commissioner shall submit to the
legislative committees having jurisdiction over appropriations
and the environment and natural resources reports on each of the
following:
(1) the amount of revenue from the following and purposes
for which expenditures were made:
(i) the small game license surcharge under section 97A.475,
subdivision 4;
(ii) the Minnesota migratory waterfowl stamp under section
97A.475, subdivision 5, clause (1);
(iii) the trout and salmon stamp under section 97A.475,
subdivision 10;
(iv) the pheasant stamp under section 97A.475, subdivision
5, clause (2); and
(v) the turkey stamp under section 97A.475, subdivision 5,
clause (3);
(2) the amounts available under section 97A.075,
subdivision 1, paragraphs (b) and (c), and the purposes for
which these amounts were spent;
(3) money credited to the game and fish fund under this
section and purposes for which expenditures were made from the
fund;
(4) outcome goals for the expenditures from the game and
fish fund; and
(5) summary and comments of citizen oversight committee
reviews under subdivision 4a.
(b) The report must include the commissioner's
recommendations, if any, for changes in the laws relating to the
stamps and surcharge referenced in paragraph (a).
Sec. 28. Minnesota Statutes 2002, section 97A.311, is
amended by adding a subdivision to read:
Subd. 5. [REFUNDS.] (a) The commissioner may issue a
refund on a license, not including any issuing fees paid under
section 97A.485, subdivision 6, if:
(1) the licensee dies before the opening of the licensed
season. The original license and a copy of the death
certificate must be provided to the commissioner; or
(2) the licensee is unable to participate in the licensed
activity because the licensee is called to active military duty
or military leave is canceled during the entire open season of
the licensed activity. The original license and a copy of the
military orders or notice of cancellation of leave must be
provided to the commissioner.
(b) This subdivision does not apply to lifetime licenses.
Sec. 29. Minnesota Statutes 2002, section 97A.434,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION FOR LICENSE.] An application for a
prairie chicken license must be made in a manner provided by the
commissioner and accompanied by a $4 application fee. The $4
application fee is appropriated as prescribed in section 84.027,
subdivision 15, paragraph (d) (c), to pay for costs associated
with conducting the prairie chicken license drawing. A person
may not make more than one application for each season. If a
person makes more than one application, the person is ineligible
for a license for that season after determination by the
commissioner, without a hearing.
Sec. 30. Minnesota Statutes 2002, section 97A.4742,
subdivision 4, is amended to read:
Subd. 4. [ANNUAL REPORT.] By November December 15 each
year, the commissioner shall submit a report to the legislative
committees having jurisdiction over environment and natural
resources appropriations and environment and natural resources
policy. The report shall state the amount of revenue received
in and expenditures made from revenue transferred from the
lifetime fish and wildlife trust fund to the game and fish fund
and shall describe projects funded, locations of the projects,
and results and benefits from the projects. The report may be
included in the game and fish fund report required by section
97A.055, subdivision 4. The commissioner shall make the annual
report available to the public.
Sec. 31. Minnesota Statutes 2003 Supplement, section
97A.475, subdivision 26, is amended to read:
Subd. 26. [MINNOW DEALERS.] The fees for the following
licenses are:
(1) minnow dealer, $310;
(2) minnow dealer's vehicle, $15;
(3) exporting minnow dealer for residents and nonresidents,
$700; and
(4) exporting minnow dealer's vehicle for residents and
nonresidents, $15.
Sec. 32. Minnesota Statutes 2002, section 97A.485,
subdivision 3, is amended to read:
Subd. 3. [APPOINTMENT OF SUBAGENTS AGENTS.] A county
auditor The commissioner may appoint residents to be subagents
agents of the auditor within the county or adjacent
counties commissioner to issue and sell licenses. The auditor
shall notify the commissioner of the name and address of a
subagent when appointed. The appointment may be revoked by
the auditor commissioner at any time, and when directed by the
commissioner, the auditor must revoke the appointment.
Sec. 33. Minnesota Statutes 2002, section 97A.485,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION TO SELL LICENSES BY SUBAGENT AGENT.]
To be a subagent an agent, a person must apply to the
commissioner in writing to an appropriate county auditor and in
a manner approved by the commissioner. The auditor must provide
a subagent the choice either to provide a bond for licenses on
consignment, or pay for licenses before furnishing the
licenses. License application forms may only be furnished to
subagents in groups of ten or more for resident licenses and
five or more for nonresident licenses.
Sec. 34. Minnesota Statutes 2002, section 97A.485,
subdivision 5, is amended to read:
Subd. 5. [COUNTY AUDITORS AGENTS RESPONSIBLE FOR LICENSES
AND FEES.] (a) The county auditor is responsible for licenses
and fees received by the subagents, except in a county that has
a population over 150,000 and an area greater than 5,000 square
miles and in a county where the county auditor does not retain
fees paid for licenses. In these counties the responsibility
imposed on the county auditor is imposed on the county.
(b) The county auditor An agent must promptly deposit and
remit all money received from the sale of licenses with the
county treasurer. The auditor must promptly submit payments and
required reports as required by, except issuing fees, to the
commissioner.
Sec. 35. Minnesota Statutes 2003 Supplement, section
97A.485, subdivision 6, is amended to read:
Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
Persons authorized to sell licenses under this section must
issue the following licenses for the license fee and the
following issuing fees:
(1) to take deer or bear with firearms and by archery, the
issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and
(3) to take small game, for a person under age 65 to take
fish by angling or for a person of any age to take fish by
spearing, and to trap fur-bearing animals, the issuing fee is
$1;
(4) for a trout and salmon stamp that is not issued
simultaneously with an angling or sporting license, an issuing
fee of 50 cents may be charged at the discretion of the
authorized seller;
(5) for stamps other than a trout and salmon stamp, and for
a special season Canada goose license, there is no fee; and
(6) for licenses issued without a fee under section
97A.441, there is no fee.
(b) An issuing fee may not be collected for issuance of a
trout and salmon stamp if a stamp validation is issued
simultaneously with the related angling or sporting license.
Only one issuing fee may be collected when selling more than one
trout and salmon stamp in the same transaction after the end of
the season for which the stamp was issued.
(c) The auditor or subagent agent shall keep the issuing
fee as a commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on
licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the
issuing fee and that the issuing fee is kept by the seller as a
commission for selling the licenses.
(f) For duplicate licenses, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
(g) The commissioner may issue one-day angling licenses in
books of ten licenses each to fishing guides operating charter
boats upon receipt of payment of all license fees, excluding the
issuing fee required under this section. Copies of sold and
unsold licenses shall be returned to the commissioner. The
commissioner shall refund the charter boat captain for the
license fees of all unsold licenses. Copies of sold licenses
shall be maintained by the commissioner for one year.
Sec. 36. Minnesota Statutes 2002, section 97A.485,
subdivision 7, is amended to read:
Subd. 7. [COUNTY AUDITOR'S ELECTRONIC LICENSING SYSTEM
COMMISSION.] The county auditor commissioner shall retain for
the county treasury operation of the electronic licensing system
a commission of four 4.7 percent of all license fees
collected by the auditor and the auditor's subagents, excluding:
(1) the small game surcharge;
(2) all issuing fees; and
(3) $2.50 of the license fee for the licenses in section
97A.475, subdivisions 6, clauses (1), (3), and (5), 7, 8, 12,
and 13; and
(4) the license to take fish by angling for persons age 65
and over. In addition, the auditor shall collect the issuing
fees on licenses sold by the auditor to a licensee.
Sec. 37. Minnesota Statutes 2002, section 97A.485,
subdivision 11, is amended to read:
Subd. 11. [RULES FOR ACCOUNTING AND PROCEDURES.] The
commissioner shall prescribe rules for the accounting and
procedural requirements necessary to assure the efficient
handling of licenses and license fees. The commissioner may, by
rule, establish standards for the appointment and revocation of
subagents agents to assure the efficient distribution of
licenses throughout the state.
Sec. 38. Minnesota Statutes 2002, section 97B.721, as
amended by Laws 2004, chapter 215, section 26, if enacted, is
amended to read:
97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE
TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.]
(a) Except as provided in paragraph (b) or section 97A.405,
subdivision 2, a person may not take a turkey without possessing
a turkey license and a turkey stamp validation.
(b) The requirement in paragraph (a) to have a turkey stamp
validation does not apply to persons under age 18. An
unlicensed adult age 18 or older may assist a licensed wild
turkey hunter under the age of 16. The unlicensed adult may not
shoot or possess a firearm or bow while assisting a youth hunter
under this paragraph and may not charge a fee for the assistance.
(c) The commissioner may by rule prescribe requirements for
the tagging and registration of turkeys.
Sec. 39. Minnesota Statutes 2002, section 97C.501,
subdivision 4, is amended to read:
Subd. 4. [NONRESIDENT EXPORTING MINNOW HAULERS DEALERS.]
(a) A nonresident may not transport minnows in a motor vehicle
without an exporting minnow hauler license.
(b) A nonresident must obtain an exporting minnow hauler's
dealer's vehicle license for the motor vehicle used to transport
minnows. The serial number, motor vehicle license number, make,
and model must be on the license. The license must be
conspicuously displayed in the vehicle.
(c) (b) Only one nonresident motor exporting minnow dealer
vehicle license may be issued to an a nonresident exporting
minnow hauler dealer.
Sec. 40. Minnesota Statutes 2002, section 97C.525,
subdivision 3, is amended to read:
Subd. 3. [MINNOW DEALERS AND HAULERS.] A resident minnow
dealer or a nonresident exporting minnow hauler dealer may
transport minnows out of the state. A nonresident exporting
minnow hauler dealer must possess a bill of lading issued by a
resident minnow dealer with an exporting minnow dealer's
license. The bill of lading must be on a form furnished by the
commissioner and must state the nonresident exporting minnow
hauler's dealer's name and address, the route through the state,
number and species of minnows, and the time it was issued.
Sec. 41. Minnesota Statutes 2002, section 97C.525,
subdivision 5, is amended to read:
Subd. 5. [OUT-OF-STATE VEHICLES.] The nonresident
exporting minnow hauler dealer must transport the minnows out of
the state within 24 hours of the time of issuance stated on the
bill of lading. A person may not transport minnows in a motor
vehicle licensed in another state without an exporting
minnow hauler's dealer's vehicle license.
Sec. 42. Minnesota Statutes 2003 Supplement, section
103G.615, subdivision 2, is amended to read:
Subd. 2. [FEES.] (a) The commissioner shall establish a
fee schedule for permits to control or harvest aquatic plants
other than wild rice, by order, after holding a public hearing.
The fees must be set by rule, and section 16A.1283 does not
apply. The fees may not exceed $750 per permit based upon the
cost of receiving, processing, analyzing, and issuing the
permit, and additional costs incurred after the application to
inspect and monitor the activities authorized by the permit, and
enforce aquatic plant management rules and permit requirements.
(b) The fee for a permit for the destruction control of
rooted aquatic vegetation is $35 for each contiguous parcel of
shoreline owned by an owner. This fee may not be charged for
permits issued in connection with purple loosestrife control or
lakewide Eurasian water milfoil control programs.
(c) A fee may not be charged to the state or a federal
governmental agency applying for a permit.
(d) The money received for the permits under this
subdivision shall be deposited in the treasury and credited to
the game and fish fund.
Sec. 43. Minnesota Statutes 2002, section 103B.611,
subdivision 3, is amended to read:
Subd. 3. [POWERS.] Subject to the provisions of chapters
97A, 103D, 103E, 103G, and 115, and the rules and regulations of
the respective agencies and governing bodies vested with
jurisdiction and authority under those chapters, the district
has the following powers on Lake Minnetonka, excluding the area
of public drainage ditches or watercourses connected to the lake:
(1) to regulate the types of boats permitted to use the
lake and set service fees;
(2) to regulate, maintain, and police public beaches,
public docks, and other public facilities for access to the lake
within the territory of the municipalities, provided that a
municipality may supersede the district's action under this
clause by adopting an ordinance specifically referring to the
district's action by one year after the district's action;
(3) to limit by rule the use of the lake at various times
and the use of various parts of the lake;
(4) to regulate the speed of boats on the lake and the
conduct of other activities on the lake to secure the safety of
the public and the most general public use;
(5) to contract with other law enforcement agencies to
police the lake and its shore;
(6) to regulate the construction, installation, and
maintenance of permanent and temporary docks and moorings
consistent with federal and state law;
(7) to regulate the construction and use of mechanical and
chemical means of deicing the lake and to regulate mechanical
and chemical means of removal of weeds and algae from the lake;
(8) to regulate the construction, configuration, size,
location, and maintenance of commercial marinas and their
related facilities including parking areas and sanitary
facilities. The regulation shall be consistent with the
applicable municipal building codes and zoning ordinances where
the marinas are located;
(9) to contract with other governmental bodies to perform
any of the functions of the district;
(10) to undertake research to determine the condition and
development of the lake and the water entering it and to
transmit their studies to the Pollution Control Agency and other
interested authorities, and to develop a comprehensive program
to eliminate pollution;
(11) to receive financial assistance from and join in
projects or enter into contracts with federal and state agencies
for the study and treatment of pollution problems and
demonstration programs related to them; and
(12) to petition the board of managers of a watershed
district in which the lake conservation district is located for
improvements under section 103D.705; a bond is not required of
the lake conservation district.
For purposes of this subdivision "watercourses connected to
the lake" does not include channels connecting portions of the
lake to one another.
Sec. 44. Minnesota Statutes 2003 Supplement, section
103G.222, subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be
drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas of at least equal public
value under a replacement plan approved as provided in section
103G.2242, a replacement plan under a local governmental unit's
comprehensive wetland protection and management plan approved by
the board under section 103G.2243, or, if a permit to mine is
required under section 93.481, under a mining reclamation plan
approved by the commissioner under the permit to mine. Mining
reclamation plans shall apply the same principles and standards
for replacing wetlands by restoration or creation of wetland
areas that are applicable to mitigation plans approved as
provided in section 103G.2242. Public value must be determined
in accordance with section 103B.3355 or a comprehensive wetland
protection and management plan established under section
103G.2243. Sections 103G.221 to 103G.2372 also apply to
excavation in permanently and semipermanently flooded areas of
types 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles
in descending order of priority:
(1) avoiding the direct or indirect impact of the activity
that may destroy or diminish the wetland;
(2) minimizing the impact by limiting the degree or
magnitude of the wetland activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
(4) reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the
activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing
substitute wetland resources or environments.
For a project involving the draining or filling of wetlands
in an amount not exceeding 10,000 square feet more than the
applicable amount in section 103G.2241, subdivision 9, paragraph
(a), the local government unit may make an on-site sequencing
determination without a written alternatives analysis from the
applicant.
(c) If a wetland is located in a cultivated field, then
replacement must be accomplished through restoration only
without regard to the priority order in paragraph (b), provided
that a deed restriction is placed on the altered wetland
prohibiting nonagricultural use for at least ten years.
(d) Restoration and replacement of wetlands must be
accomplished in accordance with the ecology of the landscape
area affected.
(e) Except as provided in paragraph (f), for a wetland or
public waters wetland located on nonagricultural land,
replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.
(f) For a wetland or public waters wetland located on
agricultural land or in a greater than 80 percent area,
replacement must be in the ratio of one acre of replaced wetland
for each acre of drained or filled wetland.
(g) Wetlands that are restored or created as a result of an
approved replacement plan are subject to the provisions of this
section for any subsequent drainage or filling.
(h) Except in a greater than 80 percent area, only wetlands
that have been restored from previously drained or filled
wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private
drainage ditches, or wetlands created by dikes or dams
associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established
in rules adopted under section 103G.2242, subdivision 1.
Modification or conversion of nondegraded naturally occurring
wetlands from one type to another are not eligible for
enrollment in a statewide wetlands bank.
(i) The Technical Evaluation Panel established under
section 103G.2242, subdivision 2, shall ensure that sufficient
time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before
recommending that the wetland be deposited in the statewide
wetland bank. If the Technical Evaluation Panel has reason to
believe that the wetland characteristics may change
substantially, the panel shall postpone its recommendation until
the wetland has stabilized.
(j) This section and sections 103G.223 to 103G.2242,
103G.2364, and 103G.2365 apply to the state and its departments
and agencies.
(k) For projects involving draining or filling of wetlands
associated with a new public transportation project, and for
projects expanded solely for additional traffic capacity, public
transportation authorities may purchase credits from the board
at the cost to the board to establish credits. Proceeds from
the sale of credits provided under this paragraph are
appropriated to the board for the purposes of this paragraph.
(l) A replacement plan for wetlands is not required for
individual projects that result in the filling or draining of
wetlands for the repair, rehabilitation, reconstruction, or
replacement of a currently serviceable existing state, city,
county, or town public road necessary, as determined by the
public transportation authority, to meet state or federal design
or safety standards or requirements, excluding new roads or
roads expanded solely for additional traffic capacity lanes.
This paragraph only applies to authorities for public
transportation projects that:
(1) minimize the amount of wetland filling or draining
associated with the project and consider mitigating important
site-specific wetland functions on-site;
(2) except as provided in clause (3), submit
project-specific reports to the board, the Technical Evaluation
Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction
that indicate the location, amount, and type of wetlands to be
filled or drained by the project or, alternatively, convene an
annual meeting of the parties required to receive notice to
review projects to be commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less
than 10,000 square feet, submit project-specific reports, within
30 days of commencing the activity, to the board that indicate
the location, amount, and type of wetlands that have been filled
or drained.
Those required to receive notice of public transportation
projects may appeal minimization, delineation, and on-site
mitigation decisions made by the public transportation authority
to the board according to the provisions of section 103G.2242,
subdivision 9. The Technical Evaluation Panel shall review
minimization and delineation decisions made by the public
transportation authority and provide recommendations regarding
on-site mitigation if requested to do so by the local government
unit, a contiguous landowner, or a member of the Technical
Evaluation Panel.
Except for state public transportation projects, for which
the state Department of Transportation is responsible, the board
must replace the wetlands, and wetland areas of public waters if
authorized by the commissioner or a delegated authority, drained
or filled by public transportation projects on existing roads.
Public transportation authorities at their discretion may
deviate from federal and state design standards on existing road
projects when practical and reasonable to avoid wetland filling
or draining, provided that public safety is not unreasonably
compromised. The local road authority and its officers and
employees are exempt from liability for any tort claim for
injury to persons or property arising from travel on the highway
and related to the deviation from the design standards for
construction or reconstruction under this paragraph. This
paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.
(m) If a landowner seeks approval of a replacement plan
after the proposed project has already affected the wetland, the
local government unit may require the landowner to replace the
affected wetland at a ratio not to exceed twice the replacement
ratio otherwise required.
(n) A local government unit may request the board to
reclassify a county or watershed on the basis of its percentage
of presettlement wetlands remaining. After receipt of
satisfactory documentation from the local government, the board
shall change the classification of a county or watershed. If
requested by the local government unit, the board must assist in
developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall
publish a notice of the change in the Environmental Quality
Board Monitor.
(o) One hundred citizens who reside within the jurisdiction
of the local government unit may request the local government
unit to reclassify a county or watershed on the basis of its
percentage of presettlement wetlands remaining. In support of
their petition, the citizens shall provide satisfactory
documentation to the local government unit. The local
government unit shall consider the petition and forward the
request to the board under paragraph (n) or provide a reason why
the petition is denied.
Sec. 45. [ABOLISHMENT OF ACCOUNT; TRANSFER OF FUNDS.]
The cross-country ski account in the special revenue fund
is abolished. All amounts remaining in the cross-country ski
account in the special revenue fund are transferred to the
cross-country ski account in the natural resources fund.
Sec. 46. [LCMR PARKS STUDY.]
Subdivision 1. [REGIONAL PARKS.] The Legislative
Commission on Minnesota Resources shall continue studying park
issues, including the study of funding for operation and
maintenance costs at regional parks within the seven-county
metropolitan area and outside the seven-county metropolitan
area. The commission may make additional recommendations on
park issues to the 2005 legislature.
Subd. 2. [FUNDING AUTHORIZATION.] To begin implementing
the recommendations in the Legislative Commission on Minnesota
Resources February 2004 parks report, up to $6,000 of the
appropriation in Laws 2003, chapter 128, article 1, section 9,
subdivision 3, paragraph (b), is for an agreement with the
Association of Minnesota Counties to identify and develop a
comprehensive list of regional parks outside of the seven-county
metropolitan area, including an inventory of park facilities.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 47. [MINNESOTA FUTURE RESOURCES FUND; ENVIRONMENT AND
NATURAL RESOURCES TRUST FUND; APPROPRIATIONS CARRYFORWARD.]
(a) The availability of the appropriations for the
following projects is extended to June 30, 2005, or for the
period of any federal money received for the project: Laws
1999, chapter 231, section 16, subdivision 4, paragraph (b), as
extended by Laws 2001, First Special Session chapter 2, section
14, subdivision 18, paragraph (b), Mesabi trail land acquisition
and development-continuation; and Laws 2001, First Special
Session chapter 2, section 14, subdivision 5, paragraph (i), as
extended by Laws 2003, chapter 128, article 1, section 9,
subdivision 20, paragraph (a), Gateway Trail Bridge.
(b) The availability of the appropriation for the following
project is extended to June 30, 2006: Laws 2003, chapter 128,
article 1, section 9, subdivision 11, paragraph (b), bucks and
buckthorn: engaging young hunters in restoration.
(c) The availability of the appropriation for the following
project is extended to June 30, 2006: Laws 2001, First Special
Session chapter 2, section 14, subdivision 4, paragraph (e),
restoring Minnesota's fish and wildlife habitat corridors, and
after June 30, 2004, the appropriation may be spent as provided
in Laws 2003, chapter 128, article 1, section 9, subdivision 5,
paragraph (a), restoring Minnesota's fish and wildlife habitat
corridors-phase II.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 48. [OPEN SPACE SYSTEM.]
(a) For purposes of Minnesota Statutes, section 473.351,
Columbia Parkway, Ridgeway Parkway, and Stinson Boulevard are
considered to be part of the metropolitan regional recreation
open space system.
(b) This section expires August 1, 2007.
Sec. 49. [REPORT.]
By January 31, 2005, the commissioner of natural resources
shall report to the chairs of the house Environment and Natural
Resources Finance Committee and the senate Environment,
Agriculture and Economic Development Budget Division on the
amounts appropriated for the electronic licensing system under
Minnesota Statutes, section 84.027, subdivision 15, paragraph
(c), for fiscal years 2005, 2006, and 2007. The report shall
identify estimated receipts for each individual fee and
commission and estimated spending for transaction costs, system
modifications costs, and any other costs for which the money is
planned to be spent.
Sec. 50. [RULE AMENDMENT.]
The commissioner of natural resources shall amend Minnesota
Rules, part 6280.0450, subpart 4, to conform with section 30 and
according to Minnesota Statutes, section 14.388, clause (3).
Except as provided in Minnesota Statutes, section 14.388,
Minnesota Statutes, section 14.386 does not apply.
Sec. 51. [REPEALER.]
(a) Minnesota Statutes 2002, sections 84.862, subdivision
2; 84.95, subdivision 3; 85.34, subdivision 4; and 97A.485,
subdivisions 2, 8, and 10; and Minnesota Statutes 2003
Supplement, section 97A.475, subdivision 28, are repealed.
(b) If enacted in the 2004 legislative session, chapter
215, sections 15, 23, and 29, is repealed.
Sec. 52. [EFFECTIVE DATE.]
Sections 24 and 51, paragraph (b), are effective the day
following final enactment. The remainder of this act is
effective July 1, 2004.
Presented to the governor May 18, 2004
Signed by the governor May 28, 2004, 4:35 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes