Minnesota Legislature
SF 919
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to natural resources; requiring a state trail sticker for all-terrain vehicles;
changing the license year for fishing, fish house, and dark house licenses;
modifying the nonresident archery deer license fee; allowing the use of scopes
on muzzleloaders; establishing a moratorium on licensing new public waters
for aquaculture; providing civil penalties; amending Minnesota Statutes 2006,
sections 97A.411, subdivision 1; 97A.475, subdivision 3; 97B.031, subdivision
5; proposing coding for new law in Minnesota Statutes, chapter 84.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[84.9235] ALL-TERRAIN VEHICLE STATE TRAIL STICKER.
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new text begin Subdivision 1. new text end
new text begin Sticker required; fee. new text end
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(a) Except as provided in paragraph (b), a
person may not operate an all-terrain vehicle on a state or grant-in-aid all-terrain vehicle
trail unless the all-terrain vehicle is registered for public use and an all-terrain vehicle state
trail sticker is affixed to the all-terrain vehicle. The commissioner of natural resources
shall issue an annual sticker upon application and payment of a $15 fee. The fee for a
three-year all-terrain vehicle state trail sticker that is purchased at the time of all-terrain
vehicle registration is $30. In addition to other penalties prescribed by law, a person in
violation of this subdivision must purchase an annual state trail sticker for a fee of $30.
Fees collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the all-terrain vehicle account in the natural
resources fund and, except for the electronic licensing system commission established
by the commissioner under section 84.027, subdivision 15, must be used for grant-in-aid
trail maintenance and easement acquisition.
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(b) A state trail sticker is not required under this section for:
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(1) an all-terrain vehicle owned by the state or a political subdivision of the state that
is registered under section 84.922, subdivision 7;
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(2) an all-terrain vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.922,
subdivision 1a; or
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(3) a person operating an all-terrain vehicle only on the portion of a trail that is
owned by the person or the person's spouse, child, or parent.
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new text begin Subd. 2. new text end
new text begin Placement of sticker. new text end
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The state trail sticker shall be permanently affixed
to either:
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(1) the forward half of the all-terrain vehicle directly above or below the headlight
of the all-terrain vehicle;
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(2) above the expiration year on the top portion of the all-terrain vehicle registration
validation decal; or
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(3) the lower right corner of a registration plate issued to a dealer or manufacturer
under section 84.922, subdivision 5.
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new text begin Subd. 3. new text end
new text begin License agents. new text end
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The commissioner may appoint agents to issue and sell
state trail stickers. The commissioner may revoke the appointment of an agent at any time.
The commissioner may adopt additional rules as provided in section 97A.485, subdivision
11. An agent shall observe all rules adopted by the commissioner for accounting and
handling of stickers pursuant to section 97A.485, subdivision 11. An agent shall promptly
deposit and remit all money received from the sale of the stickers, exclusive of the issuing
fee, to the commissioner.
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new text begin Subd. 4. new text end
new text begin Issuance of stickers. new text end
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The commissioner and agents shall issue and sell
all-terrain vehicle state trail stickers.
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new text begin Subd. 5. new text end
new text begin Agent's fee. new text end
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In addition to the fee for a sticker, an issuing fee of $1 per
sticker shall be charged. The issuing fee may be retained by the seller of the sticker.
Issuing fees for stickers issued by the commissioner shall be deposited in the all-terrain
vehicle account in the natural resources fund and retained for the operation of the
electronic licensing system.
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new text begin Subd. 6. new text end
new text begin Duplicate state trail stickers. new text end
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The commissioner and agents shall issue a
duplicate sticker to persons whose sticker is lost or destroyed using the process established
under section 97A.405, subdivision 3, and rules adopted under that section. The fee for a
duplicate all-terrain vehicle state trail sticker is $2, with an issuing fee of 50 cents.
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Sec. 2.
Minnesota Statutes 2006, section 97A.411, subdivision 1, is amended to read:
Subdivision 1.
License period.
(a) Except as provided in paragraphs (b)deleted text begin , (c),deleted text end and
(d), a license is valid during the lawful time within the license year that the licensed
activity may be performed. new text begin Except as provided in paragraph (c), new text end a license year begins on
the first day of March and ends on the last day of February.
(b) A license issued under section 97A.475, subdivision 6, clause (5), 97A.475,
subdivision 7, clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause (2), is valid
for the full license period even if this period extends into the next license year, provided
that the license period selected by the licensee begins at the time of issuance.
(c) deleted text begin When the last day of February falls on a Saturday, an annual resident or
nonresident fish house or dark house license, including a rental fish house or dark house
license, obtained for the license year covering the last day of February, is valid through
Sunday, March 1 and the angling license of the fish house licensee is extended through
March 1.deleted text end new text begin The license year for resident fishing, nonresident fishing, resident fish house,
resident dark house, and nonresident fish house is May 1 to April 30.
new text end
(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the
lawful time within the license year that the licensed activity may be performed for the
lifetime of the licensee.
Sec. 3.
Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read:
Subd. 3.
Nonresident hunting.
Fees for the following licenses, to be issued
to nonresidents, are:
(1) to take small game, $73;
(2) to take deer with firearms, $135;
(3) to take deer by archery, deleted text begin the greater of:
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(i) an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of residence; or
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deleted text begin (ii)deleted text end $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoon, bobcat, fox, or coyote, $155;
(7) multizone license to take antlered deer in more than one zone, $270; and
(8) to take Canada geese during a special season, $4.
Sec. 4.
Minnesota Statutes 2006, section 97B.031, subdivision 5, is amended to read:
Subd. 5.
Scopesdeleted text begin ; visually impaired huntersdeleted text end new text begin on muzzleloadersnew text end .
deleted text begin (a)
Notwithstanding any other law to the contrary, the commissioner may issue a special
permit, without a fee, todeleted text end new text begin A person maynew text end use a muzzleloader with a scope to take deer
during the muzzleloader season deleted text begin to a person who obtains the required licenses and who has
a visual impairment. The scope may not have magnification capabilities.
deleted text end
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(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.
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(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.
deleted text end
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(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.
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(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.
deleted text end
deleted text begin (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
misdemeanordeleted text end .
Sec. 5. new text begin MORATORIUM ON LICENSING OR USE OF NEW PUBLIC WATERS
FOR AQUACULTURE.
new text end
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(a) The commissioner of natural resources may not license or use public waters, as
defined in Minnesota Statutes, section 103G.005, subdivision 15, for aquaculture or the
raising of fish that were not licensed by the commissioner of natural resources or used for
that purpose by the commissioner of natural resources during the five-year period prior to
April 1, 2007, except as provided in paragraph (b).
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(b) The commissioner of natural resources may annually authorize fish rearing in
new public waters prior to December 31, 2008, if the fish rearing is conducted as part of a
wetland improvement plan approved by the commissioner.
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(c) This section expires December 31, 2008.
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