HF 1065

as introduced - 89th Legislature (2015 - 2016) Posted on 03/02/2015 04:48pm

A bill for an act
relating to natural resources; modifying requirements for aquatic invasives
species trailer decal; amending Minnesota Statutes 2014, sections 84D.13,
subdivision 5; 86B.13, subdivision 4, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 84D.13, subdivision 5, is amended to read:

Subd. 5.

Civil penalties.

(a) A civil citation issued under this section must impose
the following penalty amounts:

(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;

(2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached, $200;

(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $500;

(4) for placing or attempting to place into waters of the state water-related equipment
that has prohibited invasive species attached when the waters are not listed by the
commissioner as being infested with that invasive species, $500;

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;

(6) for failing to have drain plugs or similar devices removed or opened while
transporting water-related equipment or for failing to remove plugs, open valves, and
drain water from water-related equipment, other than marine sanitary systems, before
leaving waters of the state, $100; deleted text begin and
deleted text end

(7) for transporting infested water off riparian property without a permit as required
by rule, $200 new text begin ; and
new text end

new text begin (8) for launching water-related equipment into waters of the state in violation of
section 86B.13, subdivision 4, $25 new text end .

(b) A civil citation that is issued to a person who has one or more prior convictions
or final orders for violations of this chapter is subject to twice the penalty amounts listed
in paragraph (a).

Sec. 2.

Minnesota Statutes 2014, section 86B.13, subdivision 4, is amended to read:

Subd. 4.

Aquatic invasive species trailer decal display required.

(a) A person
may not deleted text begin transport deleted text end new text begin launch new text end watercraft or water-related equipment, as defined under section
84D.01, subdivision 18a, new text begin into waters of the state, as defined in section 84D.01, subdivision
20, new text end with a trailer unless the person has an aquatic invasive species trailer decal issued
under this section. Temporary authorizations valid for seven days can be requested by
persons that have not completed the required course of instruction.

(b) Aquatic invasive species trailer decals are valid for three years.

(c) The aquatic invasive species trailer decal must be adhered to the side of the trailer
frame tongue near the hitch in a manner that it is readily visible and does not interfere with
the display of any registration requirements under section 169.79.

(d) Aquatic invasive species trailer decals are not transferable.

(e) deleted text begin Violation of this section shall not result in a penalty, but is punishable only by
a warning. deleted text end new text begin Unless otherwise provided by law, a person is exempt from the training and
decal requirements under this section if the person:
new text end

new text begin (1) holds a valid service provider permit under section 84D.108; or
new text end

new text begin (2) is using a trailer to launch water-related equipment that has been seasonally
stored on riparian property owned by the person and that is being directly returned to the
same water body from which the water-related equipment was removed.
new text end

Sec. 3.

Minnesota Statutes 2014, section 86B.13, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Fees. new text end

new text begin The commissioner shall, by written order, establish fees for providing
education and training programs to individuals under this section, including decal issuance
and duplicate fees. The fees are not subject to the rulemaking provisions of chapter 14,
and section 14.386 does not apply. The fees may be established by the commissioner
notwithstanding section 16A.1283. The fees must be consistent with section 16A.1285,
subdivision 2. The commissioner may authorize fees to be collected by the vendor under
subdivision 3 to offset costs of the program.
new text end

Sec. 4.

Minnesota Statutes 2014, section 86B.13, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Penalty. new text end

new text begin A person launching water-related equipment into waters of the
state who fails to display an aquatic invasive species trailer decal in violation of this section
is subject to the penalty under section 84D.13, subdivision 5, paragraph (a), clause (8),
except for any violations prior to January 1, 2017, which are punishable only by a warning.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2015.
new text end