Bill Text: MN HF1442 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Aquatic invasive species decal requirements and fees established, trailer decal requirements eliminated, report required, funding provided, and money appropriated.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-04-10 - Joint rule 2.03 waived [HF1442 Detail]
Download: Minnesota-2013-HF1442-Engrossed.html
1.2relating to natural resources; establishing aquatic invasive species decal
1.3requirements and fees; eliminating aquatic invasive species trailer decal
1.4requirements; requiring a report; appropriating money;amending Minnesota
1.5Statutes 2012, section 84D.15, subdivision 2; proposing coding for new law in
1.6Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 2012, section
1.786B.13.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 84D.15, subdivision 2, is amended to read:
1.10 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
1.11section86B.415, subdivision 7 , civil penalties under section
84D.13 , and service provider
1.12permits under section84D.108 , and aquatic invasive species decals under section
1.1386B.135, shall be deposited in the invasive species account. Each year, the commissioner
1.14of management and budget shall transfer from the game and fish fund to the invasive
1.15species account, the annual surcharge collected on nonresident fishing licenses under
1.16section97A.475, subdivision 7 , paragraph (b). Each fiscal year, the commissioner of
1.17management and budget shall transfer $750,000 from the water recreation account under
1.18section86B.706 to the invasive species account.
1.19 Sec. 2. [86B.135] AQUATIC INVASIVE SPECIES DECAL.
1.20 Subdivision 1. Decal required; fees. (a) Except as provided under subdivision 6, a
1.21person may not place or attempt to place into waters of the state a watercraft or operate a
1.22watercraft on waters of the state unless a valid annual aquatic invasive species decal issued
1.23by the commissioner under this section is displayed on the watercraft. The decal must
1.24be viewable by a peace officer or a conservation officer. Owners or operators of licensed
2.1watercraft shall adhere the decal on the starboard side of the bow directly in line with the
2.2watercraft license number. Only the aquatic invasive species decal that is currently valid
2.3shall be displayed. The commissioner, in prescribing the placement of decals, shall ensure
2.4consistent placement of decals to aid in enforcement.
2.5(b) The fee for an annual decal is:
2.6(1) $5 for a nonmotorized watercraft less than 26 feet in length licensed by the state;
2.7(2) $10 for a motorized watercraft less than 26 feet in length licensed by the state;
2.8(3) $15 for a watercraft measured 26 feet or greater bow to stern licensed by the state;
2.9(4) $10 for a nonmotorized watercraft licensed or registered by another state or
2.10country; and
2.11(5) $20 for a motorized watercraft licensed or registered by another state or country.
2.12(c) A person who owns multiple watercraft may receive additional aquatic invasive
2.13species decals for a fee of $1 for each additional decal. A person receiving additional
2.14decals under this paragraph must:
2.15(1) pay the highest fee prescribed in paragraph (b) for watercraft owned by the
2.16person; and
2.17(2) provide license information to the commissioner for all watercraft decals issued.
2.18 (d) Except as provided in paragraph (e), a decal is valid from January 1 through
2.19December 31 of the year issued. The commissioner shall issue a decal upon application,
2.20acknowledgement of educational information, and payment of the fee. A decal issued
2.21under this section is not transferable.
2.22(e) The commissioner shall provide a person licensing a watercraft the option to
2.23purchase additional decals valid for the two subsequent years following the issuing year to
2.24coincide with the licensing period of the watercraft. A person must pay the applicable
2.25fee under paragraph (b) for each additional decal issued.
2.26 (f) Fees collected under this section, except for the issuing fee, shall be deposited in
2.27the state treasury and credited to the invasive species account in the natural resources fund
2.28and may be spent only to control and prevent the spread of aquatic invasive species.
2.29(g) The commissioner shall allow for the electronic purchase of decals. The
2.30commissioner may assign an identification number to an applicant who purchases a decal
2.31by electronic means, to serve as temporary authorization until the decal is received. A
2.32temporary authorization is valid for 30 days.
2.33 Subd. 2. Education materials. The commissioner shall develop aquatic invasive
2.34species educational information, make the materials available on the department's Web
2.35site, and include the information in the department's annual boating guide. The educational
2.36information must include a list of applicable aquatic invasive species laws, information
3.1to help identify aquatic invasive species, and a link to a list of waters that have been
3.2designated as infested and their locations. The commissioner shall ensure all applicants for
3.3a decal under this section acknowledge receipt of the educational information. Purchase of
3.4the decal and receipt of the educational information or an acknowledgement of receipt of a
3.5link to the information constitute express acknowledgement.
3.6 Subd. 3. License agents. The commissioner may appoint agents to issue and
3.7sell aquatic invasive species decals. The decal and educational information shall be
3.8available through electronic licensing system agents. The commissioner may revoke the
3.9appointment of an agent at any time. An agent shall promptly deposit and remit all money
3.10received from the sale of the decals, exclusive of the issuing fee, to the commissioner.
3.11 Subd. 4. Issuing fees. In addition to the fee for a decal, an issuing fee of $1 per
3.12decal shall be charged. The issuing fee may be retained by the seller of the decal. Issuing
3.13fees for decals issued by the commissioner shall be deposited in the natural resources fund
3.14and retained for the operation of the electronic licensing system.
3.15 Subd. 5. Duplicate decals. The commissioner and agents shall issue a duplicate
3.16decal to persons whose decal is lost or destroyed using the process established under
3.17section 97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate
3.18aquatic invasive species decal is $4, with an issuing fee of 50 cents.
3.19 Subd. 6. Exemptions. This section does not apply to boundary waters or
3.20commercial watercraft.
3.21EFFECTIVE DATE.This section is effective January 1, 2014.
3.22 Sec. 3. INSPECTION OF WATER-RELATED EQUIPMENT; REPORT.
3.23The commissioner of natural resources, in consultation with the commissioner of
3.24transportation, shall examine the feasibility of inspecting water-related equipment entering
3.25the state, including the use of weigh stations as inspection sites. The commissioner shall
3.26submit a report, including a discussion of inspection options, financial requirements, and
3.27any recommendations, to the chairs and ranking minority members of the legislative
3.28committees and divisions with jurisdiction over environment and natural resources policy
3.29and finance by January 15, 2014.
3.30 Sec. 4. APPROPRIATION.
3.31$2,000,000 in fiscal year 2015 is appropriated from the invasive species account
3.32to the commissioner of natural resources for the conservation partners legacy grant
3.33program for grants to local units of government and lake associations to address aquatic
3.34invasive species.
4.1 Sec. 5. REPEALER.
4.2Minnesota Statutes 2012, section 86B.13, is repealed.
1.3requirements and fees; eliminating aquatic invasive species trailer decal
1.4requirements; requiring a report; appropriating money;amending Minnesota
1.5Statutes 2012, section 84D.15, subdivision 2; proposing coding for new law in
1.6Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 2012, section
1.786B.13.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 84D.15, subdivision 2, is amended to read:
1.10 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
1.11section
1.12permits under section
1.1386B.135, shall be deposited in the invasive species account. Each year, the commissioner
1.14of management and budget shall transfer from the game and fish fund to the invasive
1.15species account, the annual surcharge collected on nonresident fishing licenses under
1.16section
1.17management and budget shall transfer $750,000 from the water recreation account under
1.18section
1.19 Sec. 2. [86B.135] AQUATIC INVASIVE SPECIES DECAL.
1.20 Subdivision 1. Decal required; fees. (a) Except as provided under subdivision 6, a
1.21person may not place or attempt to place into waters of the state a watercraft or operate a
1.22watercraft on waters of the state unless a valid annual aquatic invasive species decal issued
1.23by the commissioner under this section is displayed on the watercraft. The decal must
1.24be viewable by a peace officer or a conservation officer. Owners or operators of licensed
2.1watercraft shall adhere the decal on the starboard side of the bow directly in line with the
2.2watercraft license number. Only the aquatic invasive species decal that is currently valid
2.3shall be displayed. The commissioner, in prescribing the placement of decals, shall ensure
2.4consistent placement of decals to aid in enforcement.
2.5(b) The fee for an annual decal is:
2.6(1) $5 for a nonmotorized watercraft less than 26 feet in length licensed by the state;
2.7(2) $10 for a motorized watercraft less than 26 feet in length licensed by the state;
2.8(3) $15 for a watercraft measured 26 feet or greater bow to stern licensed by the state;
2.9(4) $10 for a nonmotorized watercraft licensed or registered by another state or
2.10country; and
2.11(5) $20 for a motorized watercraft licensed or registered by another state or country.
2.12(c) A person who owns multiple watercraft may receive additional aquatic invasive
2.13species decals for a fee of $1 for each additional decal. A person receiving additional
2.14decals under this paragraph must:
2.15(1) pay the highest fee prescribed in paragraph (b) for watercraft owned by the
2.16person; and
2.17(2) provide license information to the commissioner for all watercraft decals issued.
2.18 (d) Except as provided in paragraph (e), a decal is valid from January 1 through
2.19December 31 of the year issued. The commissioner shall issue a decal upon application,
2.20acknowledgement of educational information, and payment of the fee. A decal issued
2.21under this section is not transferable.
2.22(e) The commissioner shall provide a person licensing a watercraft the option to
2.23purchase additional decals valid for the two subsequent years following the issuing year to
2.24coincide with the licensing period of the watercraft. A person must pay the applicable
2.25fee under paragraph (b) for each additional decal issued.
2.26 (f) Fees collected under this section, except for the issuing fee, shall be deposited in
2.27the state treasury and credited to the invasive species account in the natural resources fund
2.28and may be spent only to control and prevent the spread of aquatic invasive species.
2.29(g) The commissioner shall allow for the electronic purchase of decals. The
2.30commissioner may assign an identification number to an applicant who purchases a decal
2.31by electronic means, to serve as temporary authorization until the decal is received. A
2.32temporary authorization is valid for 30 days.
2.33 Subd. 2. Education materials. The commissioner shall develop aquatic invasive
2.34species educational information, make the materials available on the department's Web
2.35site, and include the information in the department's annual boating guide. The educational
2.36information must include a list of applicable aquatic invasive species laws, information
3.1to help identify aquatic invasive species, and a link to a list of waters that have been
3.2designated as infested and their locations. The commissioner shall ensure all applicants for
3.3a decal under this section acknowledge receipt of the educational information. Purchase of
3.4the decal and receipt of the educational information or an acknowledgement of receipt of a
3.5link to the information constitute express acknowledgement.
3.6 Subd. 3. License agents. The commissioner may appoint agents to issue and
3.7sell aquatic invasive species decals. The decal and educational information shall be
3.8available through electronic licensing system agents. The commissioner may revoke the
3.9appointment of an agent at any time. An agent shall promptly deposit and remit all money
3.10received from the sale of the decals, exclusive of the issuing fee, to the commissioner.
3.11 Subd. 4. Issuing fees. In addition to the fee for a decal, an issuing fee of $1 per
3.12decal shall be charged. The issuing fee may be retained by the seller of the decal. Issuing
3.13fees for decals issued by the commissioner shall be deposited in the natural resources fund
3.14and retained for the operation of the electronic licensing system.
3.15 Subd. 5. Duplicate decals. The commissioner and agents shall issue a duplicate
3.16decal to persons whose decal is lost or destroyed using the process established under
3.17section 97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate
3.18aquatic invasive species decal is $4, with an issuing fee of 50 cents.
3.19 Subd. 6. Exemptions. This section does not apply to boundary waters or
3.20commercial watercraft.
3.21EFFECTIVE DATE.This section is effective January 1, 2014.
3.22 Sec. 3. INSPECTION OF WATER-RELATED EQUIPMENT; REPORT.
3.23The commissioner of natural resources, in consultation with the commissioner of
3.24transportation, shall examine the feasibility of inspecting water-related equipment entering
3.25the state, including the use of weigh stations as inspection sites. The commissioner shall
3.26submit a report, including a discussion of inspection options, financial requirements, and
3.27any recommendations, to the chairs and ranking minority members of the legislative
3.28committees and divisions with jurisdiction over environment and natural resources policy
3.29and finance by January 15, 2014.
3.30 Sec. 4. APPROPRIATION.
3.31$2,000,000 in fiscal year 2015 is appropriated from the invasive species account
3.32to the commissioner of natural resources for the conservation partners legacy grant
3.33program for grants to local units of government and lake associations to address aquatic
3.34invasive species.
4.1 Sec. 5. REPEALER.
4.2Minnesota Statutes 2012, section 86B.13, is repealed.
