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Office of the Revisor of Statutes

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.