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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 146-H.F.No. 847 
                  An act relating to game and fish; modifying purchasing 
                  requirements; providing for background checks; 
                  modifying certain definitions; providing for special 
                  fish management tags; specifying status of and 
                  regulating stands and blinds on public lands; 
                  modifying authority to take animals causing damage; 
                  modifying use of scopes and laser sights by visually 
                  impaired hunters; modifying certain license 
                  requirements; modifying restrictions on taking 
                  waterfowl and big game; authorizing rulemaking; 
                  modifying requirements for field training hunting 
                  dogs; modifying certain seasons; modifying trapping 
                  provisions; modifying period for treeing raccoons; 
                  prohibiting computer-assisted remote hunting; 
                  modifying restrictions on decoys; modifying 
                  disposition of state hatchery products; modifying 
                  fishing and commercial fishing provisions; repealing 
                  authority for the Mississippi River Fish Refuge; 
                  repealing authority to issue certain orders; amending 
                  Minnesota Statutes 2004, sections 84.025, subdivision 
                  10; 84.027, subdivision 13, by adding a subdivision; 
                  84.91, subdivision 1; 84.9256, subdivision 1; 97A.015, 
                  subdivisions 29, 49; 97A.045, subdivision 1; 97A.401, 
                  subdivision 5; 97A.405, subdivision 4, by adding a 
                  subdivision; 97A.435, subdivisions 2, 4; 97A.441, 
                  subdivision 7; 97A.451, subdivisions 3, 5; 97A.465, by 
                  adding a subdivision; 97A.475, subdivisions 7, 16; 
                  97A.485, subdivision 9; 97B.005, subdivisions 1, 3; 
                  97B.015, subdivisions 1, 2, 5; 97B.025; 97B.031, 
                  subdivisions 1, 5; 97B.111, subdivision 2; 97B.621, 
                  subdivision 2; 97B.625, subdivision 2; 97B.631, 
                  subdivision 2; 97B.655, subdivision 2; 97B.711, 
                  subdivision 1; 97B.725; 97B.803; 97B.805, subdivision 
                  1; 97B.811, subdivisions 3, 4a; 97C.203; 97C.327; 
                  97C.345, subdivision 2; 97C.395, subdivision 1; 
                  97C.401, subdivision 2; 97C.825, subdivision 5; 
                  171.07, subdivision 13; 349.12, subdivision 25; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 97B; repealing Minnesota Statutes 2004, 
                  sections 88.27; 97B.005, subdivision 4; 97B.935; 
                  97C.015; 97C.403; 97C.825, subdivisions 6, 7, 8, 9; 
                  Minnesota Rules, parts 6234.2300, subparts 2, 3; 
                  6236.1100; 6236.1300. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 84.025, 
        subdivision 10, is amended to read: 
           Subd. 10.  [RECREATIONAL VEHICLES AND BOATS USED FOR PUBLIC 
        PURPOSES.] All snowmobiles and outboard motors that are 
        purchased by the commissioner of natural resources must be of 
        the four-stroke engine model, except that the commissioner may 
        purchase models with two-stroke engines if the commissioner 
        determines that they are as environmentally efficient or that 
        four-stroke engines are not practical for the intended natural 
        resource management purpose.  The commissioner shall give 
        preference to engine models manufactured in the United States.  
        All all-terrain vehicles purchased by the commissioner must be 
        manufactured in the state of Minnesota. 
           Sec. 2.  Minnesota Statutes 2004, section 84.027, 
        subdivision 13, is amended to read: 
           Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
        natural resources may adopt rules under sections 97A.0451 to 
        97A.0459 and this subdivision that are authorized under: 
           (1) chapters 97A, 97B, and 97C to set open seasons and 
        areas, to close seasons and areas, to select hunters for areas, 
        to provide for tagging and registration of game and fish, to 
        prohibit or allow taking of wild animals to protect a species, 
        to prevent or control wildlife disease, and to prohibit or allow 
        importation, transportation, or possession of a wild animal; 
           (2) sections 84.093, 84.15, and 84.152 to set seasons for 
        harvesting wild ginseng roots and wild rice and to restrict or 
        prohibit harvesting in designated areas; and 
           (3) section 84D.12 to designate prohibited invasive 
        species, regulated invasive species, unregulated nonnative 
        species, and infested waters. 
           (b) If conditions exist that do not allow the commissioner 
        to comply with sections 97A.0451 to 97A.0459, the commissioner 
        may adopt a rule under this subdivision by submitting the rule 
        to the attorney general for review under section 97A.0455, 
        publishing a notice in the State Register and filing the rule 
        with the secretary of state and the Legislative Coordinating 
        Commission, and complying with section 97A.0459, and including a 
        statement of the emergency conditions and a copy of the rule in 
        the notice.  The notice may be published after it is received 
        from the attorney general or five business days after it is 
        submitted to the attorney general, whichever is earlier. 
           (c) Rules adopted under paragraph (b) are effective upon 
        publishing in the State Register and may be effective up to 
        seven days before publishing and filing under paragraph (b), if: 
           (1) the commissioner of natural resources determines that 
        an emergency exists; 
           (2) the attorney general approves the rule; and 
           (3) for a rule that affects more than three counties the 
        commissioner publishes the rule once in a legal newspaper 
        published in Minneapolis, St. Paul, and Duluth, or for a rule 
        that affects three or fewer counties the commissioner publishes 
        the rule once in a legal newspaper in each of the affected 
        counties. 
           (d) Except as provided in paragraph (e), a rule published 
        under paragraph (c), clause (3), may not be effective earlier 
        than seven days after publication. 
           (e) A rule published under paragraph (c), clause (3), may 
        be effective the day the rule is published if the commissioner 
        gives notice and holds a public hearing on the rule within 15 
        days before publication. 
           (f) The commissioner shall attempt to notify persons or 
        groups of persons affected by rules adopted under paragraphs (b) 
        and (c) by public announcements, posting, and other appropriate 
        means as determined by the commissioner. 
           (g) Notwithstanding section 97A.0458, a rule adopted under 
        this subdivision is effective for the period stated in the 
        notice but not longer than 18 months after the rule is adopted. 
           Sec. 3.  Minnesota Statutes 2004, section 84.027, is 
        amended by adding a subdivision to read: 
           Subd. 17.  [BACKGROUND CHECKS FOR VOLUNTEER 
        INSTRUCTORS.] (a) The commissioner may conduct background checks 
        for volunteer instructor applicants for department safety 
        training and education programs, including the programs 
        established under sections 84.791 (youth off-highway motorcycle 
        safety education and training), 84.86 and 84.862 (youth and 
        adult snowmobile safety training), 84.925 (youth all-terrain 
        vehicle safety education and training), 97B.015 (youth firearms 
        safety training), and 97B.025 (hunter and trapper education and 
        training). 
           (b) The commissioner shall perform the background check by 
        retrieving criminal history data maintained in the criminal 
        justice information system (CJIS) and other data sources.  
           (c) The commissioner shall develop a standardized form to 
        be used for requesting a background check, which must include: 
           (1) a notification to the applicant that the commissioner 
        will conduct a background check under this section; 
           (2) a notification to the applicant of the applicant's 
        rights under paragraph (d); and 
           (3) a signed consent by the applicant to conduct the 
        background check expiring one year from the date of signature. 
           (d) The volunteer instructor applicant who is the subject 
        of a background check has the right to: 
           (1) be informed that the commissioner will request a 
        background check on the applicant; 
           (2) be informed by the commissioner of the results of the 
        background check and obtain a copy of the background check; 
           (3) obtain any record that forms the basis for the 
        background check and report; 
           (4) challenge the accuracy and completeness of the 
        information contained in the report or a record; and 
           (5) be informed by the commissioner if the applicant is 
        rejected because of the result of the background check. 
           Sec. 4.  Minnesota Statutes 2004, section 84.91, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
        person having charge or control of any snowmobile or all-terrain 
        vehicle shall authorize or permit any individual the person 
        knows or has reason to believe is under the influence of alcohol 
        or a controlled substance or other substance to operate the 
        snowmobile or all-terrain vehicle anywhere in this state or on 
        the ice of any boundary water of this state. 
           (b) No owner or other person having charge or control of 
        any snowmobile or all-terrain vehicle shall knowingly authorize 
        or permit any person, who by reason of any physical or mental 
        disability is incapable of operating the vehicle, to operate the 
        snowmobile or all-terrain vehicle anywhere in this state or on 
        the ice of any boundary water of this state. 
           (c) A person who operates or is in physical control of a 
        snowmobile or all-terrain vehicle anywhere in this state or on 
        the ice of any boundary water of this state is subject to 
        chapter 169A.  In addition to the applicable sanctions under 
        chapter 169A, a person who is convicted of violating section 
        169A.20 or an ordinance in conformity with it while operating a 
        snowmobile or all-terrain vehicle, or who refuses to comply with 
        a lawful request to submit to testing under sections 169A.50 to 
        169A.53 or an ordinance in conformity with it, shall be 
        prohibited from operating the snowmobile or all-terrain vehicle 
        for a period of one year.  The commissioner shall notify the 
        person of the time period during which the person is prohibited 
        from operating a snowmobile or all-terrain vehicle. 
           (d) Administrative and judicial review of the operating 
        privileges prohibition is governed by section 97B.066, 
        subdivisions 7 to 9, if the person does not have a prior 
        impaired driving conviction or prior license revocation, as 
        defined in section 169A.03.  Otherwise, administrative and 
        judicial review of the prohibition is governed by section 
        169A.53.  
           (e) The court shall promptly forward to the commissioner 
        and the Department of Public Safety copies of all convictions 
        and criminal and civil sanctions imposed under this section and 
        chapter chapters 169 and 169A relating to snowmobiles and 
        all-terrain vehicles.  
           (f) A person who violates paragraph (a) or (b), or an 
        ordinance in conformity with either of them, is guilty of a 
        misdemeanor.  A person who operates a snowmobile or all-terrain 
        vehicle during the time period the person is prohibited from 
        operating a vehicle under paragraph (c) is guilty of a 
        misdemeanor. 
           Sec. 5.  Minnesota Statutes 2004, section 84.9256, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
        Except for operation on public road rights-of-way that is 
        permitted under section 84.928, a driver's license issued by the 
        state or another state is required to operate an all-terrain 
        vehicle along or on a public road right-of-way. 
           (b) A person under 12 years of age shall not: 
           (1) make a direct crossing of a public road right-of-way; 
           (2) operate an all-terrain vehicle on a public road 
        right-of-way in the state; or 
           (3) operate an all-terrain vehicle on public lands or 
        waters.  
           (c) Except for public road rights-of-way of interstate 
        highways, a person 12 years of age but less than 16 years may 
        make a direct crossing of a public road right-of-way of a trunk, 
        county state-aid, or county highway or operate on public lands 
        and waters, only if that person possesses a valid all-terrain 
        vehicle safety certificate issued by the commissioner and is 
        accompanied on another all-terrain vehicle by a person 18 years 
        of age or older who holds a valid driver's license.  
           (d) All-terrain vehicle safety certificates issued by the 
        commissioner to persons 12 years old, but less than 16 years 
        old, are not valid for machines in excess of 90cc engine 
        capacity unless: 
           (1) the person successfully completed the safety education 
        and training program under section 84.925, subdivision 1, 
        including a riding component; and 
           (2) the riding component of the training was conducted 
        using an all-terrain vehicle with over 90cc engine capacity; and 
           (3) the person is able to properly reach and control the 
        handle bars and reach the foot pegs while sitting upright on the 
        seat of the all-terrain vehicle. 
           Sec. 6.  Minnesota Statutes 2004, section 97A.015, 
        subdivision 29, is amended to read: 
           Subd. 29.  [MINNOWS.] "Minnows" means:  (1) members of the 
        minnow family, Cyprinidae, except carp and goldfish; (2) members 
        of the mudminnow family, Umbridae; (3) members of the sucker 
        family, Catostomidae, not over 12 inches in length; (4) 
        bullheads, ciscoes, lake whitefish, goldeyes, and mooneyes, not 
        over seven inches long; and (5) leeches; and (6) tadpole madtoms 
        (willow cats) and stonecats.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 7.  Minnesota Statutes 2004, section 97A.015, 
        subdivision 49, is amended to read: 
           Subd. 49.  [UNDRESSED BIRD.] "Undressed bird" means:  
           (1) a bird, excluding migratory waterfowl, pheasant, 
        Hungarian partridge, turkey, or grouse, with feet and feathered 
        head intact; 
           (2) a migratory waterfowl, excluding geese, with a fully 
        feathered wing and head attached; 
           (3) a pheasant, Hungarian partridge, turkey, or grouse with 
        one leg and foot or the fully feathered head or wing intact; or 
           (4) a goose with a fully feathered wing attached. 
           Sec. 8.  Minnesota Statutes 2004, section 97A.045, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DUTIES; GENERALLY.] The commissioner shall 
        do all things the commissioner determines are necessary to 
        preserve, protect, and propagate desirable species of wild 
        animals.  The commissioner shall make special provisions for the 
        management of fish and wildlife to ensure recreational 
        opportunities for anglers and hunters.  The commissioner shall 
        acquire wild animals for breeding or stocking and may dispose of 
        or destroy undesirable or predatory wild animals and their dens, 
        nests, houses, or dams.  
           Sec. 9.  Minnesota Statutes 2004, section 97A.401, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WILD ANIMALS DAMAGING PROPERTY.] Special permits 
        may be issued with or without a fee to take protected wild 
        animals that are damaging property or to remove or destroy their 
        dens, nests, houses, or dams.  A special permit issued under 
        this subdivision to take beaver must state the number to be 
        taken.  
           Sec. 10.  Minnesota Statutes 2004, section 97A.405, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REPLACEMENT LICENSES.] (a) The commissioner may 
        permit licensed firearms deer hunters to change zone, license, 
        or season options before the regular firearms deer season 
        begins.  The commissioner may issue a replacement license if the 
        applicant submits the original firearms deer license and unused 
        tags that is are being replaced and the applicant pays any 
        increase in cost between the original and the replacement 
        license.  When a person submits both an archery and a firearms 
        license for replacement, the commissioner may apply the value of 
        both licenses towards the replacement license fee.  
           (b) A replacement license may be issued only if the 
        applicant has not used any tag from the original license and 
        meets the conditions of paragraph (c).  The original license and 
        all unused tags for that license must be submitted to the 
        issuing agent at the time the replacement license is issued. 
           (c) A replacement license may be issued under the following 
        conditions, or as otherwise prescribed by rule of the 
        commissioner: 
           (1) when the season for the license being surrendered has 
        not yet opened; or 
           (2) when the person is upgrading from a regular firearms or 
        archery deer license to a deer license that is valid in multiple 
        zones. 
           (d) Notwithstanding section 97A.411, subdivision 3, a 
        replacement license is valid immediately upon issuance if the 
        license being surrendered is valid at that time. 
           Sec. 11.  Minnesota Statutes 2004, section 97A.405, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [RESIDENT LICENSES.] To obtain a resident 
        license, a resident 21 years of age or older must: 
           (1) possess a current Minnesota driver's license; 
           (2) possess a current identification card issued by the 
        commissioner of public safety; or 
           (3) present evidence showing proof of residency in cases 
        when clause (1) or (2) would violate the Religious Freedom 
        Restoration Act of 1993, Public Law 103-141.  
           Sec. 12.  Minnesota Statutes 2004, section 97A.435, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELIGIBILITY.] Persons eligible for a turkey 
        license shall be determined by this section and commissioner's 
        rule.  A person is eligible for a turkey license only if the 
        person is at least age 16 before the season opens or, possesses 
        a firearms safety certificate, or, if under age 12, is 
        accompanied by a parent or guardian. 
           Sec. 13.  Minnesota Statutes 2004, section 97A.435, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
        The commissioner may conduct a separate selection for up to 20 
        percent of the turkey licenses to be issued for any area.  Only 
        persons who are owners or tenants of and who live on at least 40 
        acres of land in the area, and their family members, are 
        eligible applicants for turkey licenses for the separate 
        selection.  The qualifying land may be noncontiguous.  Persons 
        who are unsuccessful in a separate selection must be included in 
        the selection for the remaining licenses.  Persons who obtain a 
        license in a separate selection must allow public turkey hunting 
        on their land during that turkey season.  A license issued under 
        this subdivision is restricted to the land owned or leased by 
        the holder of the license within the permit area where the 
        qualifying land is located. 
           (b) The commissioner may by rule establish criteria for 
        determining eligible family members under this subdivision. 
           Sec. 14.  Minnesota Statutes 2004, section 97A.441, 
        subdivision 7, is amended to read: 
           Subd. 7.  [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 
        commissioner may issue, without a fee, a license to take an 
        antlerless deer to a person who is an owner or tenant and is 
        living and actively farming on at least 80 acres of agricultural 
        land, as defined in section 97B.001, in deer permit areas that 
        have deer archery licenses to take additional deer under section 
        97B.301, subdivision 4.  A person may receive only one license 
        per year under this subdivision.  For properties with co-owners 
        or cotenants, only one co-owner or cotenant may receive a 
        license under this subdivision per year.  The license issued 
        under this subdivision is restricted to the land owned or leased 
        for agricultural purposes or owned by the holder of the license 
        within the permit area where the qualifying land is located.  
        The holder of the license may transfer the license to the 
        holder's spouse or dependent.  Notwithstanding sections 97A.415, 
        subdivision 1, and 97B.301, subdivision 2, the holder of the 
        license may purchase an additional license for taking deer and 
        may take an additional deer under that license. 
           (b) A person who obtains a license under paragraph (a) must 
        allow public deer hunting on their land during that deer hunting 
        season, with the exception of the first Saturday and Sunday 
        during the deer hunting season applicable to the license issued 
        under section 97A.475, subdivision 2, clauses (4) and (13). 
           Sec. 15.  Minnesota Statutes 2004, section 97A.451, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RESIDENTS UNDER AGE 16; SMALL GAME.] (a) A 
        resident under age 16 may not obtain a small game license but 
        may take small game by firearms or bow and arrow without a 
        license if the resident is: 
           (1) age 14 or 15 and possesses a firearms safety 
        certificate; 
           (2) age 13, possesses a firearms safety certificate, and is 
        accompanied by a parent or guardian; or 
           (3) age 12 or under and is accompanied by a parent or 
        guardian.  
           (b) A resident under age 16 may take small game by trapping 
        without a small game license, but a resident 13 years of age or 
        older must have a trapping license.  A resident under age 13 may 
        trap without a trapping license, but may not register fisher, 
        otter, bobcat, or pine marten unless the resident is at least 
        age five.  Any fisher, otter, bobcat, or pine marten taken by a 
        resident under age five must be included in the limit of the 
        accompanying parent or guardian. 
           (c) A resident under age 12 may apply for a turkey license 
        and may take a turkey without a firearms safety certificate if 
        the resident is accompanied by an adult parent or guardian who 
        has a firearms safety certificate. 
           Sec. 16.  Minnesota Statutes 2004, section 97A.451, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NONRESIDENTS UNDER AGE 16.] (a) A nonresident 
        under the age of 16 may take fish by angling without a license 
        if a parent or guardian has a fishing license.  Fish taken by a 
        nonresident under the age of 16 without a license must be 
        included in the limit of the parent or guardian.  
           (b) A nonresident under age 16 may purchase a nonresident 
        fishing license at the resident fee or be included under a 
        nonresident family license, take fish by angling, and possess a 
        limit of fish.  
           [EFFECTIVE DATE.] This section is effective March 1, 2006. 
           Sec. 17.  Minnesota Statutes 2004, section 97A.465, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [PREFERENCE TO SERVICE MEMBERS.] (a) For purposes 
        of this subdivision:  
           (1) "qualified service member or veteran" means a Minnesota 
        resident who is currently serving, or has served at any time 
        during the past 24 months, in active service as a member of the 
        United States armed forces, including the National Guard or 
        other military reserves; and 
           (2) "active service" means service defined under section 
        190.05, subdivision 5b or 5c. 
           (b) Notwithstanding any other provision of this chapter, 
        chapter 97B or 97C, or administrative rules, the commissioner 
        may give first preference to qualified service members or 
        veterans in any drawing or lottery involving the selection of 
        applicants for hunting or fishing licenses, permits, and special 
        permits.  This subdivision does not apply to licenses or permits 
        for taking moose, elk, or prairie chickens.  Actions of the 
        commissioner under this subdivision are not rules under the 
        Administrative Procedures Act and section 14.386 does not apply. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 18.  Minnesota Statutes 2004, section 97A.475, 
        subdivision 7, is amended to read: 
           Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
        licenses, to be issued to nonresidents, are: 
           (1) to take fish by angling, $34; 
           (2) to take fish by angling limited to seven consecutive 
        days selected by the licensee, $24; 
           (3) to take fish by angling for a 72-hour period selected 
        by the licensee, $20; 
           (4) to take fish by angling for a combined license for a 
        family for one or both parents and dependent children under the 
        age of 16, $46; 
           (5) to take fish by angling for a 24-hour period selected 
        by the licensee, $8.50; and 
           (6) to take fish by angling for a combined license for a 
        married couple, limited to 14 consecutive days selected by one 
        of the licensees, $35. 
           [EFFECTIVE DATE.] This section is effective March 1, 2006. 
           Sec. 19.  Minnesota Statutes 2004, section 97A.475, 
        subdivision 16, is amended to read: 
           Subd. 16.  [RESIDENT HUNTING GUIDES.] The fees fee for the 
        following a resident guide licenses are: 
           (1) license to guide bear hunters, is $82.50; and 
           (2) to guide turkey hunters, $22.  
           Sec. 20.  Minnesota Statutes 2004, section 97A.485, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON 
        OPENS.] The following licenses A license to guide bear hunters 
        may not be issued after the day before the opening of the 
        related firearms season: 
           (1) to guide bear hunters; and 
           (2) to guide turkey hunters. 
           Sec. 21.  Minnesota Statutes 2004, section 97B.005, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FIELD TRAINING; PERMIT REQUIRED FOR 
        CERTAIN PERIOD.] A person may not train hunting dogs afield on 
        public lands from April 16 to July 14 except by special permit.  
        The commissioner may issue a special permit, without a fee, to 
        train hunting dogs afield on land owned by the trainer or on 
        land that the owner provides written permission.  The written 
        permission must be carried in personal possession of the trainer 
        while training the dogs.  
           Sec. 22.  Minnesota Statutes 2004, section 97B.005, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERMITS FOR ORGANIZATIONS AND INDIVIDUALS TO USE 
        GAME BIRDS AND FIREARMS.] (a) The commissioner may issue special 
        permits, without a fee, to organizations and individuals to use 
        firearms and live ammunition on domesticated birds or banded 
        game birds from game farms.  
           (b) Permits for holding field trials and may be issued to 
        organizations.  The permit shall specify the dates and locations 
        of the field trial.  The commissioner may limit the number of 
        dates approved for any organization. 
           (c) Permits for training hunting dogs may be issued to an 
        individual. 
           (d) Domesticated birds, other than pigeons, and game farm 
        birds used for trials or training under this section must be 
        clearly marked with dye or a streamer attached to a leg in a 
        manner that makes them visually identifiable prior to being 
        taken.  
           Sec. 23.  Minnesota Statutes 2004, section 97B.015, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
        make rules establishing establish a statewide course in the safe 
        use of firearms and identification of wild mammals and 
        birds.  At least one course must be held within the boundary of 
        each school district.  A course may be held in a school district.
        The courses must be conducted by the commissioner in cooperation 
        with other organizations.  The courses must instruct youths in 
        commonly accepted principles of safety in hunting and handling 
        common hunting firearms and identification of various species of 
        wild mammals and birds by sight and other unique characteristics.
           Sec. 24.  Minnesota Statutes 2004, section 97B.015, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 
        (a) The commissioner shall appoint a qualified person from the 
        Enforcement Division under civil service rules as supervisor of 
        hunting safety and prescribe the duties and responsibilities of 
        the position.  The commissioner shall determine and provide the 
        Enforcement Division with the necessary personnel for this 
        section.  
           (b) The commissioner may appoint one or more county 
        directors of hunting safety in each county.  An appointed county 
        director is responsible to the Enforcement Division.  The 
        Enforcement Division may appoint instructors necessary for this 
        section.  County directors and Instructors shall serve on a 
        voluntary basis without compensation.  The Enforcement Division 
        must supply the materials necessary for the course.  School 
        districts may cooperate with the commissioner and volunteer 
        instructors to provide space for the classroom portion of the 
        training.  
           Sec. 25.  Minnesota Statutes 2004, section 97B.015, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FIREARMS SAFETY CERTIFICATE.] The commissioner 
        shall issue a firearms safety certificate to a person that 
        satisfactorily completes the required course of instruction.  A 
        person must be at least age 11 to take the firearms safety 
        course and may receive a firearms safety certificate, but the 
        certificate is not valid for hunting until the person is at 
        least reaches age 12.  A person who is age 11 and has a firearms 
        safety certificate may purchase a deer, bear, turkey, or prairie 
        chicken license that will become valid when the person reaches 
        age 12.  A firearms safety certificate issued to a person under 
        age 12 by another state as provided in section 97B.020 is not 
        valid for hunting in Minnesota until the person reaches age 12.  
        The form and content of the firearms safety certificate shall be 
        prescribed by the commissioner.  
           Sec. 26.  Minnesota Statutes 2004, section 97B.025, is 
        amended to read: 
           97B.025 [HUNTER AND TRAPPER EDUCATION.] 
           (a) The commissioner may establish education courses for 
        hunters and trappers.  The commissioner shall collect a fee from 
        each person attending a course.  A fee shall be collected for 
        issuing a duplicate certificate.  The commissioner shall 
        establish the fees in a manner that neither significantly 
        overrecovers nor underrecovers costs, including overhead costs, 
        involved in providing the services.  The fees are not subject to 
        the rulemaking provisions of chapter 14 and section 14.386 does 
        not apply.  The commissioner may establish the fees 
        notwithstanding section 16A.1283.  The fees shall be deposited 
        in the game and fish fund and the amount thereof is appropriated 
        annually to the Enforcement Division of the Department of 
        Natural Resources for the administration of the program.  In 
        addition to the fee established by the commissioner for each 
        course, instructors may charge each person up to the established 
        fee amount for class materials and expenses.  School districts 
        may cooperate with the commissioner and volunteer instructors to 
        provide space for the classroom portion of the training. 
           (b) The commissioner shall enter into an agreement with a 
        statewide nonprofit trappers association to conduct a trapper 
        education program.  At a minimum, the program must include at 
        least six hours of classroom, electronic, or correspondence 
        instruction and in the field training.  The program must include 
        a review of state trapping laws and regulations, trapping 
        ethics, the setting and tending of traps and snares, tagging and 
        registration requirements, and the preparation of pelts.  The 
        association shall issue a certificate to persons who complete 
        the program.  The association shall be responsible for all costs 
        of conducting the education program, and shall not charge any 
        fee for attending the course. 
           Sec. 27.  [97B.026] [TRAPPER EDUCATION CERTIFICATE 
        REQUIREMENT.] 
           A person born after December 31, 1989, and who has not been 
        issued a trapping license in a previous license year, may not 
        obtain a trapping license unless the person has been issued a 
        trapper education certificate under section 97B.025, paragraph 
        (b). 
           [EFFECTIVE DATE.] This section is effective March 1, 2007. 
           Sec. 28.  Minnesota Statutes 2004, section 97B.031, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FIREARMS AND AMMUNITION THAT MAY BE USED 
        TO TAKE BIG GAME.] (a) A person may take big game with a firearm 
        only if:  
           (1) the rifle, shotgun, and handgun used is a caliber of at 
        least .23 inches; 
           (2) the firearm is loaded only with single projectile 
        ammunition; 
           (3) a projectile used is a caliber of at least .23 inches 
        and has a soft point or is an expanding bullet type; 
           (4) the ammunition has a case length of at least 1.285 
        inches; 
           (5) the muzzle-loader used is incapable of being loaded at 
        the breech; 
           (6) the smooth-bore muzzle-loader used is a caliber of at 
        least .45 inches; and 
           (7) the rifled muzzle-loader used is a caliber of at least 
        .40 inches. 
           (b) A person may not take big game with a .30 caliber M-1 
        carbine cartridge.  
           (c) Notwithstanding paragraph (a), clause (4), a person may 
        take big game with a ten millimeter cartridge that is at least 
        0.95 inches in length, a .45 Winchester Magnum cartridge, or a 
        .50 A. E. (Action Express) handgun cartridge. 
           Sec. 29.  Minnesota Statutes 2004, section 97B.031, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SCOPES; VISUALLY IMPAIRED HUNTERS.] (a) 
        Notwithstanding any other law to the contrary, the commissioner 
        may issue a special permit, without a fee, to use a muzzleloader 
        with a scope to take deer during the muzzleloader season to a 
        person who obtains the required licenses and who has a visual 
        impairment.  The scope may not have magnification capabilities. 
           (b) The visual impairment must be to the extent that the 
        applicant is unable to identify targets and the rifle sights at 
        the same time without a scope.  The visual impairment and 
        specific conditions must be established by medical evidence 
        verified in writing by a licensed physician, ophthalmologist, or 
        optometrist.  The commissioner may request additional 
        information from the physician if needed to verify the 
        applicant's eligibility for the permit.  Notwithstanding section 
        97A.418, the commissioner may, in consultation with appropriate 
        advocacy groups, establish reasonable minimum standards for 
        permits to be issued under this subdivision. 
           (c) A permit issued under this subdivision may be valid for 
        up to five years, based on the permanence of the visual 
        impairment as determined by the licensed physician, 
        ophthalmologist, or optometrist.  
           (d) The permit must be in the immediate possession of the 
        permittee when hunting under the special permit. 
           (e) The commissioner may deny, modify, suspend, or revoke a 
        permit issued under this subdivision for cause, including a 
        violation of the game and fish laws or rules.  
           (e) (f) A person who knowingly makes a false application or 
        assists another in making a false application for a permit under 
        this subdivision is guilty of a misdemeanor.  A physician, 
        ophthalmologist, or optometrist who fraudulently certifies to 
        the commissioner that a person is visually impaired as described 
        in this subdivision is guilty of a misdemeanor. 
           Sec. 30.  Minnesota Statutes 2004, section 97B.111, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMIT FOR ORGANIZATION.] (a) The commissioner 
        may issue a special permit without a fee to a nonprofit 
        organization to provide an assisted hunting opportunity to 
        physically disabled hunters.  The assisted hunting opportunity 
        may take place: 
           (1) in areas designated by the commissioner under 
        subdivision 1; or 
           (2) on private property or a licensed shooting preserve. 
           (b) The sponsoring organization shall provide a physically 
        capable person to assist each disabled hunter with 
        safety-related aspects of hunting and, notwithstanding section 
        97B.081, a person with a physical disability who is totally 
        blind may use laser sights. 
           (c) The commissioner may impose reasonable permit 
        conditions. 
           Sec. 31.  [97B.115] [COMPUTER-ASSISTED REMOTE HUNTING 
        PROHIBITION.] 
           (a) No person shall operate, provide, sell, use or offer to 
        operate, provide, sell or use any computer software or service 
        that allows a person, not physically present at the site, to 
        remotely control a weapon that could be used to take any wild 
        animal by remote operation, including, but not limited to, 
        weapons or devices set up to fire through the use of the 
        Internet or through a remote control device. 
           (b) A person who violates this section is guilty of a 
        misdemeanor. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 32.  [97B.326] [STANDS AND BLINDS ON PUBLIC LANDS.] 
           Any unoccupied permanent stand or blind on public land is 
        public and not the property of the person who constructed it. 
           [EFFECTIVE DATE.] This section is effective August 1, 2006. 
           Sec. 33.  Minnesota Statutes 2004, section 97B.621, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERIOD FOR TREEING RACCOONS.] Notwithstanding 
        subdivision 1 and section 97B.005, subdivision 1, a person may 
        use dogs to pursue and tree raccoons without killing or 
        capturing the raccoons:  
           (1) from January 1 to April 15 and from July 15 to October 
        14; and 
           (2) from April 16 to July 14 in raccoon dog field trials 
        under special permit issued by the commissioner under section 
        97B.005, subdivision 1 during the closed season and a license is 
        not required. 
           Sec. 34.  Minnesota Statutes 2004, section 97B.625, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMIT REQUIRED TO USE OF A SNARE.] A person may 
        not use a snare to take lynx or bobcat except under a permit 
        from, as prescribed by the commissioner, without a permit.  
           Sec. 35.  Minnesota Statutes 2004, section 97B.631, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMIT REQUIRED TO USE OF A SNARE.] A person may 
        not use a snare to take fox except under a permit from, as 
        prescribed by the commissioner, without a permit. 
           Sec. 36.  Minnesota Statutes 2004, section 97B.655, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SPECIAL PERMIT FOR TAKING PROTECTED WILD 
        ANIMALS.] The commissioner may issue special permits under 
        section 97A.401, subdivision 5, to take protected wild animals 
        that are damaging property or to remove or destroy their dens, 
        nests, houses, or dams.  
           Sec. 37.  Minnesota Statutes 2004, section 97B.711, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SEASONS FOR CERTAIN UPLAND GAME BIRDS.] 
        (a) The commissioner may, by rule, prescribe an open season in 
        designated areas between September 16 and December 31 January 3 
        for: 
           (1) pheasant; 
           (2) ruffed grouse; 
           (3) sharp tailed grouse; 
           (4) Canada spruce grouse; 
           (5) prairie chicken; 
           (6) gray partridge; 
           (7) bob-white quail; and 
           (8) turkey. 
           (b) The commissioner may by rule prescribe an open season 
        for turkey in the spring. 
           Sec. 38.  Minnesota Statutes 2004, section 97B.725, is 
        amended to read: 
           97B.725 [LICENSE REQUIRED TO GUIDE GUIDING HUNTERS.] 
           A person may not guide turkey hunters for compensation 
        without a turkey hunter guide license.  The license must be 
        obtained before the day of the opening of the turkey season.  
        The commissioner shall prescribe qualifications for the issuance 
        of turkey hunter guide licenses.  
           Sec. 39.  Minnesota Statutes 2004, section 97B.803, is 
        amended to read: 
           97B.803 [MIGRATORY WATERFOWL SEASONS AND LIMITS.] 
           (a) The commissioner shall prescribe seasons, limits, and 
        areas for taking migratory waterfowl in accordance with federal 
        law. 
           (b) The regular duck season may not open before the 
        Saturday closest to October 1. 
           Sec. 40.  Minnesota Statutes 2004, section 97B.805, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [HUNTER MUST BE CONCEALED.] (a) A person 
        may not take migratory waterfowl, coots, or rails in open water 
        unless the person is:  
           (1) within a natural growth of vegetation sufficient to 
        partially conceal the person or boat; or 
           (2) on a river or stream that is not more than 100 yards in 
        width; or 
           (3) pursuing or shooting wounded birds.  
           (b) A person may not take migratory waterfowl, coots, or 
        rails in public waters from a permanent artificial blind or sink 
        box.  
           Sec. 41.  Minnesota Statutes 2004, section 97B.811, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RESTRICTIONS ON LEAVING DECOYS 
        OVERNIGHT UNATTENDED.] During the open season for waterfowl, a 
        person may not leave decoys in public waters between sunset and 
        one hour before lawful shooting hours or leave decoys unattended 
        during other times for more than four consecutive hours unless:  
           (1) the decoys are in waters adjacent to private land under 
        the control of the hunter; and 
           (2) there is not natural vegetation growing in water 
        sufficient to partially conceal a hunter.  
           Sec. 42.  Minnesota Statutes 2004, section 97B.811, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [RESTRICTIONS ON CERTAIN MOTORIZED DECOYS.] From 
        the opening day of the duck season through the Saturday nearest 
        October 8, a person may not use a motorized decoy on public 
        waters with visible, moving parts that are above the water 
        surface to take migratory, or other motorized device designed to 
        attract migratory waterfowl, other than geese.  During the 
        remainder of the duck season, the commissioner may, by rule, 
        designate all or any portion of a wetland or lake closed to the 
        use of motorized decoys or motorized devices designed to attract 
        migratory waterfowl.  On water bodies and lands fully contained 
        within wildlife management area boundaries, a person may not use 
        motorized decoys or motorized devices designed to attract 
        migratory waterfowl at any time during the duck season. 
           Sec. 43.  Minnesota Statutes 2004, section 97C.203, is 
        amended to read: 
           97C.203 [DISPOSAL OF STATE HATCHERY EGGS OR FRY PRODUCTS.] 
           The commissioner shall dispose of game fish eggs and fry 
        fish hatchery products according to the following order of 
        priorities:  
           (1) distribution of fish eggs and fry to state hatcheries 
        to hatch fry or raise fingerlings for stocking waters of the 
        state for recreational fishing; 
           (2) transfer to other government agencies in exchange for 
        fish or wildlife resources of equal value or private fish 
        hatcheries in exchange for fish to be stocked in waters of the 
        state for recreational fishing; 
           (3) sale of fish eggs and fry to private fish hatcheries or 
        licensed aquatic farms at a price not less than the fair 
        wholesale market value, established as the average price charged 
        at the state's private hatcheries and contiguous states per 
        volume rates; and 
           (4) transfer to other government agencies, colleges, or 
        universities for cooperative fish management and research 
        purposes; and 
           (5) sale of not more than $25 fair market value to any 
        school, museum, or commercial enterprise for curriculum 
        implementation, educational programs, public exhibition, or 
        cooperative displays. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 44.  Minnesota Statutes 2004, section 97C.327, is 
        amended to read: 
           97C.327 [MEASUREMENT OF FISH LENGTH.] 
           For the purpose of determining compliance with size limits 
        for fish in this chapter or in rules of the commissioner, the 
        length of a fish must be measured from the tip of the nose or 
        jaw, whichever is longer, to the farthest tip of the tail when 
        fully extended. 
           Sec. 45.  Minnesota Statutes 2004, section 97C.345, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION.] (a) Except as specifically 
        authorized, a person may not possess a spear, fish trap, net, 
        dip net, seine, or other device capable of taking fish on or 
        near any waters.  Possession includes personal possession and in 
        a vehicle.  
           (b) A person may possess spears, dip nets, bows and arrows, 
        and spear guns allowed under section 97C.381 on or near waters 
        between sunrise and sunset from May 1 to the third last Sunday 
        in February, or as otherwise prescribed by the commissioner. 
           Sec. 46.  Minnesota Statutes 2004, section 97C.395, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DATES FOR CERTAIN SPECIES.] (a) The open 
        seasons to take fish by angling are as follows: 
           (1) for walleye, sauger, northern pike, muskellunge, 
        largemouth bass, and smallmouth bass, the Saturday two weeks 
        prior to the Saturday of Memorial Day weekend to the third last 
        Sunday in February; 
           (2) for lake trout, from January 1 to October 31; 
           (3) for brown trout, brook trout, rainbow trout, and 
        splake, between January 1 to October 31 as prescribed by the 
        commissioner by rule except as provided in section 97C.415, 
        subdivision 2; and 
           (4) for salmon, as prescribed by the commissioner by rule. 
           (b) The commissioner shall close the season in areas of the 
        state where fish are spawning and closing the season will 
        protect the resource. 
           Sec. 47.  Minnesota Statutes 2004, section 97C.401, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WALLEYE; NORTHERN PIKE.] (a) Except as provided 
        in paragraphs paragraph (b) and (c), a person may take no more 
        than one walleye larger than 24 20 inches and one northern pike 
        larger than 30 inches daily.  
           (b) The restrictions in paragraph (a) do not apply to 
        boundary waters. 
           (c) On Lake of the Woods, a person may take no more than 
        one walleye larger than 19.5 inches and one northern pike larger 
        than 36 inches daily. 
           [EFFECTIVE DATE.] This section is effective March 1, 2006. 
           Sec. 48.  Minnesota Statutes 2004, section 97C.825, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NET LIMITS FOR LAKE OF THE WOODS AND RAINY 
        LAKE.] (a) The maximum amount of nets permitted to be licensed 
        shall be: 
           (a) (1) in Lake of the Woods, 50-pound nets, 80,000 feet of 
        gill nets or 160 submerged trap nets, and 80 fyke or staked trap 
        nets.  Licenses for submerged trap nets may be issued instead of 
        licenses for gill nets in the ratio of not more than one 
        submerged trap net per 500 feet of gill net, and the maximum 
        permissible amount of gill nets shall be reduced by 500 feet for 
        each submerged trap net licensed.; and 
           (b) (2) in Rainy Lake, 20-pound nets and 20,000 feet of 
        gill nets. 
           (c) When a licensee has had a license revoked or 
        surrendered, the commissioner shall not be required to issue 
        licenses for the amount of netting previously authorized under 
        the revoked or surrendered license. 
           (d) (b) Commercial fishing may be prohibited in the 
        Minnesota portions of international waters when it is prohibited 
        in the international waters by Canadian authorities. 
           (e) The commissioner may adopt rules to limit the total 
        amount of game fish taken by commercial fishing operators in 
        Lake of the Woods in any one season and shall apportion the 
        amount to each licensee in accordance with the number and length 
        of nets licensed.  
           Sec. 49.  Minnesota Statutes 2004, section 171.07, 
        subdivision 13, is amended to read: 
           Subd. 13.  [FIREARMS SAFETY DESIGNATION.] (a) When an 
        applicant has a record transmitted to the department as 
        described in paragraph (c) or presents: 
           (1) a firearms safety certificate issued for successfully 
        completing a firearms safety course administered under section 
        97B.015; or 
           (2) an advanced hunter certificate issued for successfully 
        completing an advanced hunter education course administered 
        under section 97B.025, 
        and requests a driver's license or identification card described 
        in paragraph (b), the department shall issue, renew, or reissue 
        to the applicant a driver's license or Minnesota identification 
        card described in paragraph (b). 
           (b) Pursuant to paragraph (a), the department shall issue a 
        driver's license or Minnesota identification card bearing a 
        graphic or written indication that the applicant has 
        successfully completed a firearms safety course administered 
        under section 97B.015, an advanced hunter education course 
        administered under section 97B.025, or both of the described 
        courses. 
           (c) The department shall maintain in its records 
        information transmitted electronically from the commissioner of 
        natural resources identifying each person to whom the 
        commissioner has issued a firearms safety certificate or an 
        advanced hunter education certificate.  The records transmitted 
        from the Department of Natural Resources must contain the full 
        name and date of birth as required for the driver's license or 
        identification card.  Records that are not matched to a driver's 
        license or identification card record may be deleted after seven 
        years. 
           Sec. 50.  Minnesota Statutes 2004, section 349.12, 
        subdivision 25, is amended to read: 
           Subd. 25.  [LAWFUL PURPOSE.] (a) "Lawful purpose" means one 
        or more of the following:  
           (1) any expenditure by or contribution to a 501(c)(3) or 
        festival organization, as defined in subdivision 15a, provided 
        that the organization and expenditure or contribution are in 
        conformity with standards prescribed by the board under section 
        349.154, which standards must apply to both types of 
        organizations in the same manner and to the same extent; 
           (2) a contribution to an individual or family suffering 
        from poverty, homelessness, or physical or mental disability, 
        which is used to relieve the effects of that poverty, 
        homelessness, or disability; 
           (3) a contribution to an individual for treatment for 
        delayed posttraumatic stress syndrome or a contribution to a 
        program recognized by the Minnesota Department of Human Services 
        for the education, prevention, or treatment of compulsive 
        gambling; 
           (4) a contribution to or expenditure on a public or private 
        nonprofit educational institution registered with or accredited 
        by this state or any other state; 
           (5) a contribution to a scholarship fund for defraying the 
        cost of education to individuals where the funds are awarded 
        through an open and fair selection process; 
           (6) activities by an organization or a government entity 
        which recognize humanitarian or military service to the United 
        States, the state of Minnesota, or a community, subject to rules 
        of the board, provided that the rules must not include mileage 
        reimbursements in the computation of the per diem reimbursement 
        limit and must impose no aggregate annual limit on the amount of 
        reasonable and necessary expenditures made to support: 
           (i) members of a military marching or color guard unit for 
        activities conducted within the state; 
           (ii) members of an organization solely for services 
        performed by the members at funeral services; or 
           (iii) members of military marching, color guard, or honor 
        guard units may be reimbursed for participating in color guard, 
        honor guard, or marching unit events within the state or states 
        contiguous to Minnesota at a per participant rate of up to $35 
        per diem; 
           (7) recreational, community, and athletic facilities and 
        activities intended primarily for persons under age 21, provided 
        that such facilities and activities do not discriminate on the 
        basis of gender and the organization complies with section 
        349.154; 
           (8) payment of local taxes authorized under this chapter, 
        taxes imposed by the United States on receipts from lawful 
        gambling, the taxes imposed by section 297E.02, subdivisions 1, 
        4, 5, and 6, and the tax imposed on unrelated business income by 
        section 290.05, subdivision 3; 
           (9) payment of real estate taxes and assessments on 
        permitted gambling premises wholly owned by the licensed 
        organization paying the taxes, or wholly leased by a licensed 
        veterans organization under a national charter recognized under 
        section 501(c)(19) of the Internal Revenue Code, not to exceed: 
           (i) for premises used for bingo, the amount that an 
        organization may expend under board rules on rent for bingo; and 
           (ii) $35,000 per year for premises used for other forms of 
        lawful gambling; 
           (10) a contribution to the United States, this state or any 
        of its political subdivisions, or any agency or instrumentality 
        thereof other than a direct contribution to a law enforcement or 
        prosecutorial agency; 
           (11) a contribution to or expenditure by a nonprofit 
        organization which is a church or body of communicants gathered 
        in common membership for mutual support and edification in 
        piety, worship, or religious observances; 
           (12) payment of the reasonable costs of an audit required 
        in section 297E.06, subdivision 4, provided the annual audit is 
        filed in a timely manner with the Department of Revenue; 
           (13) a contribution to or expenditure on a wildlife 
        management project that benefits the public at-large, provided 
        that the state agency with authority over that wildlife 
        management project approves the project before the contribution 
        or expenditure is made; 
           (14) expenditures, approved by the commissioner of natural 
        resources, by an organization for grooming and maintaining 
        snowmobile trails and all-terrain vehicle trails that are (1) 
        grant-in-aid trails established under section 85.019, or (2) 
        other trails open to public use, including purchase or lease of 
        equipment for this purpose; projects or activities approved by 
        the commissioner of natural resources for: 
           (i) wildlife management projects that benefit the public at 
        large; 
           (ii) grant-in-aid trail maintenance and grooming 
        established under sections 84.83 and 84.927, and other trails 
        open to public use, including purchase or lease of equipment for 
        this purpose; or 
           (iii) supplies and materials for safety training and 
        educational programs coordinated by the Department of Natural 
        Resources, including the Enforcement Division; 
           (15) (14) conducting nutritional programs, food shelves, 
        and congregate dining programs primarily for persons who are age 
        62 or older or disabled; 
           (16) (15) a contribution to a community arts organization, 
        or an expenditure to sponsor arts programs in the community, 
        including but not limited to visual, literary, performing, or 
        musical arts; 
           (17) (16) an expenditure by a licensed veterans 
        organization for payment of water, fuel for heating, 
        electricity, and sewer costs for a building wholly owned or 
        wholly leased by and used as the primary headquarters of the 
        licensed veterans organization; 
           (18) (17) expenditure by a licensed veterans organization 
        of up to $5,000 in a calendar year in net costs to the 
        organization for meals and other membership events, limited to 
        members and spouses, held in recognition of military service.  
        No more than $5,000 can be expended in total per calendar year 
        under this clause by all licensed veterans organizations sharing 
        the same veterans post home; or 
           (19) (18) payment of fees authorized under this chapter 
        imposed by the state of Minnesota to conduct lawful gambling in 
        Minnesota. 
           (b) Notwithstanding paragraph (a), "lawful purpose" does 
        not include: 
           (1) any expenditure made or incurred for the purpose of 
        influencing the nomination or election of a candidate for public 
        office or for the purpose of promoting or defeating a ballot 
        question; 
           (2) any activity intended to influence an election or a 
        governmental decision-making process; 
           (3) the erection, acquisition, improvement, expansion, 
        repair, or maintenance of real property or capital assets owned 
        or leased by an organization, unless the board has first 
        specifically authorized the expenditures after finding that (i) 
        the real property or capital assets will be used exclusively for 
        one or more of the purposes in paragraph (a); (ii) with respect 
        to expenditures for repair or maintenance only, that the 
        property is or will be used extensively as a meeting place or 
        event location by other nonprofit organizations or community or 
        service groups and that no rental fee is charged for the use; 
        (iii) with respect to expenditures, including a mortgage payment 
        or other debt service payment, for erection or acquisition only, 
        that the erection or acquisition is necessary to replace with a 
        comparable building, a building owned by the organization and 
        destroyed or made uninhabitable by fire or natural disaster, 
        provided that the expenditure may be only for that part of the 
        replacement cost not reimbursed by insurance; (iv) with respect 
        to expenditures, including a mortgage payment or other debt 
        service payment, for erection or acquisition only, that the 
        erection or acquisition is necessary to replace with a 
        comparable building a building owned by the organization that 
        was acquired from the organization by eminent domain or sold by 
        the organization to a purchaser that the organization reasonably 
        believed would otherwise have acquired the building by eminent 
        domain, provided that the expenditure may be only for that part 
        of the replacement cost that exceeds the compensation received 
        by the organization for the building being replaced; or (v) with 
        respect to an expenditure to bring an existing building into 
        compliance with the Americans with Disabilities Act under item 
        (ii), an organization has the option to apply the amount of the 
        board-approved expenditure to the erection or acquisition of a 
        replacement building that is in compliance with the Americans 
        with Disabilities Act; 
           (4) an expenditure by an organization which is a 
        contribution to a parent organization, foundation, or affiliate 
        of the contributing organization, if the parent organization, 
        foundation, or affiliate has provided to the contributing 
        organization within one year of the contribution any money, 
        grants, property, or other thing of value; 
           (5) a contribution by a licensed organization to another 
        licensed organization unless the board has specifically 
        authorized the contribution.  The board must authorize such a 
        contribution when requested to do so by the contributing 
        organization unless it makes an affirmative finding that the 
        contribution will not be used by the recipient organization for 
        one or more of the purposes in paragraph (a); or 
           (6) a contribution to a statutory or home rule charter 
        city, county, or town by a licensed organization with the 
        knowledge that the governmental unit intends to use the 
        contribution for a pension or retirement fund. 
           Sec. 51.  [CONFORMING CHANGES; RULES.] 
           The commissioner may use the good cause exemption under 
        Minnesota Statutes, section 14.388, subdivision 1, clause (3), 
        to amend rules to conform to sections 44 and 46.  Minnesota 
        Statutes, section 14.386, does not apply to the rulemaking under 
        this section except to the extent provided under Minnesota 
        Statutes, section 14.388. 
           Sec. 52.  [REPEALER.] 
           (a) Minnesota Statutes 2004, sections 88.27; 97B.005, 
        subdivision 4; 97B.935; 97C.015; 97C.403; and 97C.825, 
        subdivisions 6, 7, 8, and 9, are repealed. 
           (b) Minnesota Rules, parts 6234.2300, subparts 2 and 3; 
        6236.1100; and 6236.1300, are repealed. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 3, 2005, 8:45 a.m.