1.1 	A bill for an act
1.2 	relating to natural resources; providing for
1.3 	establishment and disposition of certain issuing fees
1.4 	and an electronic licensing system commission;
1.5 	creating an account; modifying issuance of snowmobile
1.6 	state trail stickers by agents; appropriating money;
1.7 	amending Minnesota Statutes 2004, sections 84.027,
1.8 	subdivision 15; 84.791, subdivision 2; 84.8205,
1.9 	subdivisions 3, 4, 6; 84.86, subdivision 1; 84.925,
1.10 	subdivision 1; 85.055, subdivision 2; 85.43; 88.6435,
1.11 	subdivision 4; 97A.485, subdivision 7; 97B.015,
1.12 	subdivision 7; 97B.025.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2004, section 84.027,
1.15 	subdivision 15, is amended to read:
1.16 		Subd. 15.Electronic transactions.  (a) The commissioner
1.17 	may receive an application for, sell, and issue any license,
1.18 	stamp, permit, pass, sticker, duplicate safety training
1.19 	certification,registration, or transfer under the jurisdiction
1.20 	of the commissioner by electronic means, including by telephone.
1.21 	Notwithstanding section 97A.472, electronic and telephone
1.22 	transactions may be made outside of the state.  The commissioner
1.23 	may:
1.24 	(1) provide for the electronic transfer of funds generated
1.25 	by electronic transactions, including by telephone;
1.26 	(2) assign a license identification number to an applicant
1.27 	who purchases a hunting or fishing license by electronic means,
1.28 	to serve as temporary authorization to engage in the licensed
1.29 	activity until the license is received or expires;
2.1 	(3) charge and permit agents to charge a fee of individuals
2.2 	who make electronic transactions and transactions by
2.3 	telephone or Internet, including ~~the~~ issuing ~~fee under section~~
2.4 	~~97A.485, subdivision 6,~~fees and an additional transaction fee
2.5 	not to exceed $3.50;
2.6 	(4) ~~collect issuing or filing fees as provided under~~
2.7 	~~sections 84.788, subdivision 3, paragraph (e); 84.798,~~
2.8 	~~subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph~~
2.9 	~~(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,~~
2.10 	~~paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and~~
2.11 	~~97A.485, subdivision 6, and collect~~ establish, by written order,
2.12 	an electronic licensing system commission ~~on~~ to be paid by
2.13 	revenues generated from all sales ~~of licenses as provided under~~
2.14 	~~sections 85.43, paragraph (b), and 97A.485, subdivision 7~~made
2.15 	through the electronic licensing system.  The commissioner shall
2.16 	establish the commission in a manner that neither significantly
2.17 	overrecovers nor underrecovers costs involved in providing the
2.18 	electronic licensing system; and
2.19 	(5) adopt rules to administer the provisions of this
2.20 	subdivision.
2.21 	(b) ~~Establishment of~~ The ~~transaction fee~~ fees established 
2.22 	under paragraph (a), clause (3), and the commission established
2.23 	under paragraph (a), clause (4), ~~is~~ are not subject to the
2.24 	rulemaking procedures of chapter 14 and section 14.386 does not
2.25 	apply.
2.26 	(c) Money received from fees and commissions collected
2.27 	under this subdivision, including interest earned, is annually
2.28 	appropriated from the game and fish fund and the natural
2.29 	resources fund to the commissioner for the cost of electronic
2.30 	licensing.

2.31 	Sec. 2. Minnesota Statutes 2004, section 84.791,
2.32 	subdivision 2, is amended to read:
2.33 		Subd. 2.Fees.  For the purposes of administering the
2.34 	program and to defray a portion of the expenses of training and
2.35 	certifying vehicle operators, the commissioner shall collect a
2.36 	fee not to exceed $5 from each person who receives the training.
3.1 	The commissioner shall collect a fee for issuing a duplicate
3.2 	off-highway motorcycle safety certificate.  The commissioner
3.3 	shall establish the fee for a duplicate off-highway motorcycle
3.4 	safety certificate, to include a $1 issuing fee for licensing
3.5 	agents,that neither significantly overrecovers nor
3.6 	underrecovers costs, including overhead costs, involved in
3.7 	providing the service.  The fees ~~must~~ , except for the issuing
3.8 	fee for licensing agents under this subdivision, shall be
3.9 	deposited in the state treasury and credited to the off-highway
3.10 	motorcycle account in the natural resources fund.

3.11 	Sec. 3. Minnesota Statutes 2004, section 84.8205,
3.12 	subdivision 3, is amended to read:
3.13 		Subd. 3.License agents. ~~County auditors are appointed~~
3.14 	~~agents of the commissioner for the sale of snowmobile state~~
3.15 	~~trail stickers.~~The commissioner may appoint ~~other state~~
3.16 	~~agencies as~~ agents ~~for the sale of the~~ to issue and sell state
3.17 	trail stickers. ~~A county auditor may appoint subagents within~~
3.18 	~~the county or within adjacent counties to sell stickers.  Upon~~
3.19 	~~appointment of a subagent, the auditor shall notify the~~
3.20 	~~commissioner of the name and address of the subagent.  The~~
3.21 	~~auditor may revoke the appointment of a subagent, and~~ The
3.22 	commissioner may revoke the appointment of ~~a state agency~~ an
3.23 	agent at any time. ~~The commissioner may require an auditor to~~
3.24 	~~revoke a subagent's appointment.  The auditor shall furnish~~
3.25 	~~stickers on consignment to any subagent who furnishes a surety~~
3.26 	~~bond in favor of the county in an amount at least equal to the~~
3.27 	~~value of the stickers to be consigned to that subagent.  A~~
3.28 	~~surety bond is not required for a state agency appointed by the~~
3.29 	~~commissioner.  The county auditor shall be responsible for all~~
3.30 	~~stickers issued to and user fees received by agents except in a~~
3.31 	~~county where the county auditor does not retain fees paid for~~
3.32 	~~license purposes.  In these counties, the responsibilities~~
3.33 	~~imposed by this section upon the county auditor are imposed upon~~
3.34 	~~the county.~~The commissioner may ~~promulgate~~ adopt additional
3.35 	rules ~~governing the accounting and procedures for handling state~~
3.36 	~~trail stickers~~ as provided in section 97A.485, subdivision 11.
4.1 	~~Any resident desiring to sell snowmobile state trail~~
4.2 	~~stickers may either purchase for cash or obtain on consignment~~
4.3 	~~stickers from a county auditor in groups of not less than ten~~
4.4 	~~individual stickers.  In selling stickers, the resident shall be~~
4.5 	~~deemed a subagent of the county auditor and the commissioner,~~
4.6 	~~and~~ An agent shall observe all rules ~~promulgated~~ adopted by the
4.7 	commissioner for accounting and handling of ~~licenses and~~ 
4.8 	stickers pursuant to section 97A.485, subdivision 11.
4.9 	~~The county auditor~~ An agent shall promptly deposit and
4.10 	remit all money received from the sale of the stickers ~~with the~~
4.11 	~~county treasurer and shall promptly transmit any reports~~
4.12 	~~required by the commissioner, plus 96 percent of the price paid~~
4.13 	~~by each stickerholder~~, exclusive of the issuing fee, ~~for each~~
4.14 	~~sticker sold or consigned by the auditor and subsequently sold~~
4.15 	~~to a stickerholder during the accounting period.  The county~~
4.16 	~~auditor shall retain as a commission four percent of all sticker~~
4.17 	~~fees, excluding the issuing fee for stickers consigned to~~
4.18 	~~subagents and the issuing fee on stickers sold by the auditor to~~
4.19 	~~stickerholders~~ to the commissioner.
4.20 	~~Unsold stickers in the hands of any subagent shall be~~
4.21 	~~redeemed by the commissioner if presented for redemption within~~
4.22 	~~the time prescribed by the commissioner.  Any stickers not~~
4.23 	~~presented for redemption within the period prescribed shall be~~
4.24 	~~conclusively presumed to have been sold, and the subagent~~
4.25 	~~possessing the same or to whom they are charged shall be~~
4.26 	~~accountable.~~

4.27 	Sec. 4. Minnesota Statutes 2004, section 84.8205,
4.28 	subdivision 4, is amended to read:
4.29 		Subd. 4.~~distribution~~ issuance of stickers.  The
4.30 	commissioner and agents shall ~~provide~~ issue and sell snowmobile
4.31 	state trail stickers ~~to all agents authorized to issue stickers~~
4.32 	~~by the commissioner~~.

4.33 	Sec. 5. Minnesota Statutes 2004, section 84.8205,
4.34 	subdivision 6, is amended to read:
4.35 		Subd. 6.Duplicate state trail stickers.  The
4.36 	commissioner and agents shall issue a duplicate sticker to
5.1 	persons whose sticker is lost or destroyed using the process
5.2 	established under section 97A.405, subdivision 3, and rules
5.3 	promulgated thereunder.  The fee for a duplicate state trail
5.4 	sticker is $2, with an issuing fee of 50 cents.

5.5 	Sec. 6. Minnesota Statutes 2004, section 84.86,
5.6 	subdivision 1, is amended to read:
5.7 		Subdivision 1.Required rules.  With a view of achieving
5.8 	maximum use of snowmobiles consistent with protection of the
5.9 	environment the commissioner of natural resources shall adopt
5.10 	rules in the manner provided by chapter 14, for the following
5.11 	purposes:
5.12 	(1) Registration of snowmobiles and display of registration
5.13 	numbers.
5.14 	(2) Use of snowmobiles insofar as game and fish resources
5.15 	are affected.
5.16 	(3) Use of snowmobiles on public lands and waters, or on
5.17 	grant-in-aid trails.
5.18 	(4) Uniform signs to be used by the state, counties, and
5.19 	cities, which are necessary or desirable to control, direct, or
5.20 	regulate the operation and use of snowmobiles.
5.21 	(5) Specifications relating to snowmobile mufflers.
5.22 	(6) A comprehensive snowmobile information and safety
5.23 	education and training program, including but not limited to the
5.24 	preparation and dissemination of snowmobile information and
5.25 	safety advice to the public, the training of snowmobile
5.26 	operators, and the issuance of snowmobile safety certificates to
5.27 	snowmobile operators who successfully complete the snowmobile
5.28 	safety education and training course.  For the purpose of
5.29 	administering such program and to defray expenses of training
5.30 	and certifying snowmobile operators, the commissioner shall
5.31 	collect a fee from each person who receives the youth or adult
5.32 	training.  The commissioner shall collect a fee, to include a $1
5.33 	issuing fee for licensing agents,for issuing a duplicate
5.34 	snowmobile safety certificate.  The commissioner shall establish
5.35 	both fees in a manner that neither significantly overrecovers
5.36 	nor underrecovers costs, including overhead costs, involved in
6.1 	providing the services.  The fees are not subject to the
6.2 	rulemaking provisions of chapter 14 and section 14.386 does not
6.3 	apply.  The fees may be established by the commissioner
6.4 	notwithstanding section 16A.1283.  The fees ~~must~~ , except for the
6.5 	issuing fee for licensing agents under this subdivision, shall 
6.6 	be deposited in the snowmobile trails and enforcement account in
6.7 	the natural resources fund and the amount thereof, except for
6.8 	the electronic licensing system commission established by the
6.9 	commissioner under section 84.027, subdivision 15, and issuing
6.10 	fees collected by the commissioner,is appropriated annually to
6.11 	the Enforcement Division of the Department of Natural Resources
6.12 	for the administration of such programs.  In addition to the fee
6.13 	established by the commissioner, instructors may charge each
6.14 	person up to the established fee amount for class materials and
6.15 	expenses.  The commissioner shall cooperate with private
6.16 	organizations and associations, private and public corporations,
6.17 	and local governmental units in furtherance of the program
6.18 	established under this clause.  School districts may cooperate
6.19 	with the commissioner and volunteer instructors to provide space
6.20 	for the classroom portion of the training.  The commissioner
6.21 	shall consult with the commissioner of public safety in regard
6.22 	to training program subject matter and performance testing that
6.23 	leads to the certification of snowmobile operators.
6.24 	(7) The operator of any snowmobile involved in an accident
6.25 	resulting in injury requiring medical attention or
6.26 	hospitalization to or death of any person or total damage to an
6.27 	extent of $500 or more, shall forward a written report of the
6.28 	accident to the commissioner on such form as the commissioner
6.29 	shall prescribe.  If the operator is killed or is unable to file
6.30 	a report due to incapacitation, any peace officer investigating
6.31 	the accident shall file the accident report within ten business
6.32 	days.

6.33 	Sec. 7. Minnesota Statutes 2004, section 84.925,
6.34 	subdivision 1, is amended to read:
6.35 		Subdivision 1.Program established.  (a) The commissioner
6.36 	shall establish a comprehensive all-terrain vehicle
7.1 	environmental and safety education and training program,
7.2 	including the preparation and dissemination of vehicle
7.3 	information and safety advice to the public, the training of
7.4 	all-terrain vehicle operators, and the issuance of all-terrain
7.5 	vehicle safety certificates to vehicle operators over the age of
7.6 	12 years who successfully complete the all-terrain vehicle
7.7 	environmental and safety education and training course.
7.8 	(b) For the purpose of administering the program and to
7.9 	defray a portion of the expenses of training and certifying
7.10 	vehicle operators, the commissioner shall collect a fee of $15
7.11 	from each person who receives the training.  The commissioner
7.12 	shall collect a fee, to include a $1 issuing fee for licensing
7.13 	agents,for issuing a duplicate all-terrain vehicle safety
7.14 	certificate.  The commissioner shall establish the fee for a
7.15 	duplicate all-terrain vehicle safety certificate that neither
7.16 	significantly overrecovers nor underrecovers costs, including
7.17 	overhead costs, involved in providing the service.  Fee
7.18 	proceeds, except for the issuing fee for licensing agents under
7.19 	this subdivision,shall be deposited in the all-terrain vehicle
7.20 	account in the natural resources fund.
7.21 	(c) The commissioner shall cooperate with private
7.22 	organizations and associations, private and public corporations,
7.23 	and local governmental units in furtherance of the program
7.24 	established under this section.  School districts may cooperate
7.25 	with the commissioner and volunteer instructors to provide space
7.26 	for the classroom portion of the training.  The commissioner
7.27 	shall consult with the commissioner of public safety in regard
7.28 	to training program subject matter and performance testing that
7.29 	leads to the certification of vehicle operators.  By June 30,
7.30 	2003, the commissioner shall incorporate a riding component in
7.31 	the safety education and training program.

7.32 	Sec. 8. Minnesota Statutes 2004, section 85.055,
7.33 	subdivision 2, is amended to read:
7.34 		Subd. 2.Fee deposit and appropriation.  The fees
7.35 	collected under this section shall be deposited in the natural
7.36 	resources fund and credited to ~~a~~ the state parks account. Money
8.1 	in the account, except for the electronic licensing system
8.2 	commission established by the commissioner under section 84.027,
8.3 	subdivision 15, is annually appropriated to the commissioner to
8.4 	operate and maintain the state park system.

8.5 	Sec. 9. Minnesota Statutes 2004, section 85.43, is amended
8.6 	to read:
8.7 	85.43 DISPOSITION OF RECEIPTS; PURPOSE.
8.8 	~~(a)~~ Fees from cross-country ski passes shall be deposited
8.9 	in the state treasury and credited to a cross-country ski
8.10 	account in the natural resources fund and, except ~~as provided in~~
8.11 	~~paragraph (b)~~ for the electronic licensing system commission
8.12 	established by the commissioner under section 84.027,
8.13 	subdivision 15, are appropriated to the commissioner of natural
8.14 	resources for:
8.15 	(1) grants-in-aid for cross-country ski trails sponsored by
8.16 	local units of government and special park districts as provided
8.17 	in section 85.44; and
8.18 	(2) maintenance, winter grooming, and associated
8.19 	administrative costs for cross-country ski trails under the
8.20 	jurisdiction of the commissioner.
8.21 	~~(b) The commissioner shall retain for the operation of the~~
8.22 	~~electronic licensing system a commission of 4.7 percent of all~~
8.23 	~~cross-country ski pass fees collected.~~

8.24 	Sec. 10. Minnesota Statutes 2004, section 88.6435,
8.25 	subdivision 4, is amended to read:
8.26 		Subd. 4.forest bough account;disposition of ~~permit~~ fees
8.27 	~~and penalties~~. (a) The forest bough account is established in
8.28 	the state treasury within the natural resources fund.
8.29 	(b) Fees for permits issued under this section shall be
8.30 	deposited in the state treasury and credited to the ~~special~~
8.31 	~~revenue fund~~ forest bough account and, except for the electronic
8.32 	licensing system commission established by the commissioner
8.33 	under section 84.027, subdivision 15,are annually appropriated
8.34 	to the commissioner of natural resources for costs associated
8.35 	with balsam bough educational programs for harvesters and buyers.

8.36 	Sec. 11. Minnesota Statutes 2004, section 97A.485,
9.1 	subdivision 7, is amended to read:
9.2 		Subd. 7.Electronic licensing system commission.  The
9.3 	commissioner shall retain for the operation of the electronic
9.4 	licensing system ~~a commission of 4.7 percent of~~ the commission
9.5 	established under section 84.027, subdivision 15, and issuing
9.6 	fees collected by the commissioner on all license fees
9.7 	collected, excluding:
9.8 	(1) the small game surcharge; and 
9.9 	(2) ~~all issuing fees; and~~ 
9.10 	~~(3)~~ $2.50 of the license fee for the licenses in section
9.11 	97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12,
9.12 	and 13.

9.13 	Sec. 12. Minnesota Statutes 2004, section 97B.015,
9.14 	subdivision 7, is amended to read:
9.15 		Subd. 7.Fee for duplicate certificate.  The commissioner
9.16 	shall collect a fee, to include a $1 issuing fee for licensing
9.17 	agents,for issuing a duplicate firearms safety certificate.
9.18 	The commissioner shall establish a fee that neither
9.19 	significantly overrecovers nor underrecovers costs, including
9.20 	overhead costs, involved in providing the service.  The fee is
9.21 	not subject to the rulemaking provisions of chapter 14 and
9.22 	section 14.386 does not apply.  The commissioner may establish
9.23 	the fee notwithstanding section 16A.1283. The duplicate
9.24 	certificate fees, except for the issuing fee for licensing
9.25 	agents under this subdivision, shall be deposited in the game
9.26 	and fish fund and, except for the electronic licensing system
9.27 	commission established by the commissioner under section 84.027,
9.28 	subdivision 15, and issuing fees collected by the commissioner,
9.29 	are appropriated annually to the Enforcement Division of the
9.30 	Department of Natural Resources for the administration of the
9.31 	firearm safety course program.

9.32 	Sec. 13. Minnesota Statutes 2004, section 97B.025, is
9.33 	amended to read:
9.34 	97B.025 HUNTER AND TRAPPER EDUCATION.
9.35 	(a) The commissioner may establish education courses for
9.36 	hunters and trappers.  The commissioner shall collect a fee from
10.1 	each person attending a course.  A fee, to include a $1 issuing
10.2 	fee for licensing agents,shall be collected for issuing a
10.3 	duplicate certificate.  The commissioner shall establish the
10.4 	fees in a manner that neither significantly overrecovers nor
10.5 	underrecovers costs, including overhead costs, involved in
10.6 	providing the services.  The fees are not subject to the
10.7 	rulemaking provisions of chapter 14 and section 14.386 does not
10.8 	apply.  The commissioner may establish the fees notwithstanding
10.9 	section 16A.1283.  The fees, except for the issuing fee for
10.10 	licensing agents under this subdivision,shall be deposited in
10.11 	the game and fish fund and the amount thereof, except for the
10.12 	electronic licensing system commission established by the
10.13 	commissioner under section 84.027, subdivision 15,is
10.14 	appropriated annually to the Enforcement Division of the
10.15 	Department of Natural Resources for the administration of the
10.16 	program.  In addition to the fee established by the commissioner
10.17 	for each course, instructors may charge each person up to the
10.18 	established fee amount for class materials and expenses.  School
10.19 	districts may cooperate with the commissioner and volunteer
10.20 	instructors to provide space for the classroom portion of the
10.21 	training.
10.22 	(b) The commissioner shall enter into an agreement with a
10.23 	statewide nonprofit trappers association to conduct a trapper
10.24 	education program.  At a minimum, the program must include at
10.25 	least six hours of classroom and in the field training.  The
10.26 	program must include a review of state trapping laws and
10.27 	regulations, trapping ethics, the setting and tending of traps
10.28 	and snares, tagging and registration requirements, and the
10.29 	preparation of pelts.  The association shall be responsible for
10.30 	all costs of conducting the education program, and shall not
10.31 	charge any fee for attending the course.