1.1                          A bill for an act 
  1.2             relating to natural resources; requiring legislative 
  1.3             approval of certain state park fees; modifying 
  1.4             commissioner's authority relating to employees, gifts, 
  1.5             and grants; modifying provisions of the state parks 
  1.6             working capital fund; modifying application provisions 
  1.7             for certain licenses; providing for reciprocity of 
  1.8             certain safety courses; modifying certain county 
  1.9             reimbursement provisions; modifying identification 
  1.10            provisions for fish and dark houses; modifying 
  1.11            littering prohibition; providing criminal penalties; 
  1.12            eliminating requirement to publish pamphlet form of 
  1.13            laws; amending Minnesota Statutes 2002, sections 
  1.14            16A.1283; 84.01, subdivision 3; 84.026; 84.085, 
  1.15            subdivision 1; 84.82, subdivision 2; 84.862, by adding 
  1.16            a subdivision; 85.20, subdivision 6; 85.22, by adding 
  1.17            a subdivision; 86B.401, subdivision 1; 97A.065, 
  1.18            subdivision 2; 97C.355, subdivisions 1, 2; 169.42, 
  1.19            subdivision 1; 169.421, subdivision 3; 609.68; 
  1.20            repealing Minnesota Statutes 2002, section 97A.051, 
  1.21            subdivision 1; Minnesota Rules, part 6262.0100, 
  1.22            subpart 2. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 2002, section 16A.1283, is 
  1.25  amended to read: 
  1.26     16A.1283 [LEGISLATIVE APPROVAL REQUIRED.] 
  1.27     (a) Notwithstanding any law to the contrary, an executive 
  1.28  branch state agency may not impose a new fee or increase an 
  1.29  existing fee unless the new fee or increase is approved by law.  
  1.30  For purposes of this section, a fee is any charge for goods, 
  1.31  services, regulation, or licensure, and, notwithstanding 
  1.32  paragraph (b), clause (3), includes charges for admission to or 
  1.33  for use of public facilities owned by the state. 
  1.34     (b) This section does not apply to: 
  2.1      (1) charges billed within or between state agencies, or 
  2.2   billed to federal agencies; 
  2.3      (2) the Minnesota state colleges and universities system; 
  2.4      (3) charges for goods and services provided for the direct 
  2.5   and primary use of a private individual, business, or other 
  2.6   entity; ~~or~~ 
  2.7      (4) charges that authorize use of state-owned lands and 
  2.8   minerals administered by the commissioner of natural resources 
  2.9   by the issuance of leases, easements, cooperative farming 
  2.10  agreements, and land and water crossing licenses and charges for 
  2.11  sales of state-owned lands administered by the commissioner of 
  2.12  natural resources; or 
  2.13     (5) state park fees and charges established by 
  2.14  commissioner's order. 
  2.15     (c) An executive branch agency may reduce a fee that was 
  2.16  set by rule before July 1, 2001, without legislative approval.  
  2.17  Chapter 14 does not apply to fee reductions under this paragraph.
  2.18     Sec. 2.  Minnesota Statutes 2002, section 84.01, 
  2.19  subdivision 3, is amended to read: 
  2.20     Subd. 3.  [EMPLOYEES; DELEGATION.] Subject to the 
  2.21  provisions of Laws 1969, chapter 1129, and to other applicable 
  2.22  laws the commissioner shall organize the department and 
  2.23  employ up to three assistant commissioners, each of whom shall 
  2.24  serve at the pleasure of the commissioner in the unclassified 
  2.25  service, one of whom shall have responsibility for coordinating 
  2.26  and directing the planning of every division within the agency, 
  2.27  and such other officers, employees, and agents as the 
  2.28  commissioner may deem necessary to discharge the functions of 
  2.29  the department, define the duties of such officers, employees, 
  2.30  and agents and to delegate to them any of the commissioner's 
  2.31  powers, duties, and responsibilities subject to the control of, 
  2.32  and under the conditions prescribed by, the commissioner.  
  2.33  Appointments to exercise delegated power shall be by written 
  2.34  order filed with the secretary of state. 
  2.35     Sec. 3.  Minnesota Statutes 2002, section 84.026, is 
  2.36  amended to read: 
  3.1      84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 
  3.2   RESOURCES SERVICES.] 
  3.3      The commissioner of natural resources is authorized to 
  3.4   enter into contractual or grant agreements with any public or 
  3.5   private entity for the provision of statutorily prescribed 
  3.6   natural resources services by or for the department.  The 
  3.7   contracts or grants shall specify the services to be provided 
  3.8   and the amount and method of reimbursement.  Funds generated in 
  3.9   a contractual agreement made pursuant to this section shall be 
  3.10  deposited in the special revenue fund and are appropriated to 
  3.11  the department for purposes of providing the services specified 
  3.12  in the contracts.  All ~~such~~ contractual and grant agreements 
  3.13  shall be processed in accordance with the provisions of section 
  3.14  16C.05.  The commissioner shall report revenues collected and 
  3.15  expenditures made under this section to the chairs of the 
  3.16  committees on appropriations in the house and finance in the 
  3.17  senate by January 1 of each odd-numbered year. 
  3.18     Sec. 4.  Minnesota Statutes 2002, section 84.085, 
  3.19  subdivision 1, is amended to read: 
  3.20     Subdivision 1.  [AUTHORITY.] (a) The commissioner of 
  3.21  natural resources may accept for and on behalf of the state any 
  3.22  gift, bequest, devise, or grants of lands or interest in lands 
  3.23  or personal property of any kind or of money tendered to the 
  3.24  state for any purpose pertaining to the activities of the 
  3.25  department or any of its divisions.  Any money so received is 
  3.26  hereby appropriated and dedicated for the purpose for which it 
  3.27  is granted.  Lands and interests in lands so received may be 
  3.28  sold or exchanged as provided in chapter 94.  
  3.29     (b) The commissioner of natural resources, on behalf of the 
  3.30  state, may accept and use grants of money or property from the 
  3.31  United States or other grantors for conservation purposes not 
  3.32  inconsistent with the laws of this state.  Any money or property 
  3.33  so received is hereby appropriated and dedicated for the 
  3.34  purposes for which it is granted, and shall be expended or used 
  3.35  solely for such purposes in accordance with the federal laws and 
  3.36  regulations pertaining thereto, subject to applicable state laws 
  4.1   and rules as to manner of expenditure or use providing that the 
  4.2   commissioner may make subgrants of any money received to other 
  4.3   agencies, units of local government, private individuals, 
  4.4   organizations, and private nonprofit corporations.  Appropriate 
  4.5   funds and accounts shall be maintained by the commissioner of 
  4.6   finance to secure compliance with this section. 
  4.7      (c) The commissioner may accept for and on behalf of the 
  4.8   permanent school fund a donation of lands, interest in lands, or 
  4.9   improvements on lands.  A donation so received shall become 
  4.10  state property, be classified as school trust land as defined in 
  4.11  section 92.025, and be managed consistent with section 127A.31. 
  4.12     Sec. 5.  Minnesota Statutes 2002, section 84.82, 
  4.13  subdivision 2, is amended to read: 
  4.14     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
  4.15  (a) Application for registration or reregistration shall be made 
  4.16  to the commissioner ~~of natural resources, or the commissioner of~~ 
  4.17  ~~public safety~~ or an authorized deputy registrar of motor 
  4.18  vehicles in ~~such form as~~ a format prescribed by the commissioner 
  4.19  ~~of public safety shall prescribe,~~ and shall state the legal name 
  4.20  and address of every owner of the snowmobile.  
  4.21     (b) A person who purchases a snowmobile from a retail 
  4.22  dealer shall make application for registration to the dealer at 
  4.23  the point of sale.  The dealer shall issue a temporary 
  4.24  registration permit to each purchaser who applies to the dealer 
  4.25  for registration.  The temporary registration is valid for 60 
  4.26  days from the date of issue.  Each retail dealer shall submit 
  4.27  completed registration and fees to the deputy registrar at least 
  4.28  once a week.  Upon receipt of the application and the 
  4.29  appropriate fee as hereinafter provided, such snowmobile shall 
  4.30  be registered and a registration number assigned which shall be 
  4.31  affixed to the snowmobile in a clearly visible and permanent 
  4.32  manner for enforcement purposes as the commissioner of natural 
  4.33  resources shall prescribe.  The registration is not valid unless 
  4.34  signed by at least one owner. 
  4.35     (c) Each deputy registrar of motor vehicles acting pursuant 
  4.36  to section 168.33, shall also be a deputy registrar of 
  5.1   snowmobiles.  The commissioner of natural resources in agreement 
  5.2   with the commissioner of public safety may prescribe the 
  5.3   accounting and procedural requirements necessary to assure 
  5.4   efficient handling of registrations and registration fees.  
  5.5   Deputy registrars shall strictly comply with these accounting 
  5.6   and procedural requirements.  
  5.7      (d) A fee of $2 in addition to that otherwise prescribed by 
  5.8   law shall be charged for: 
  5.9      (1) each snowmobile registered by the registrar or a deputy 
  5.10  registrar and the additional fee shall be disposed of in the 
  5.11  manner provided in section 168.33, subdivision 2; or 
  5.12     (2) each snowmobile registered by the commissioner and the 
  5.13  additional fee shall be deposited in the state treasury and 
  5.14  credited to the snowmobile trails and enforcement account in the 
  5.15  natural resources fund.  
  5.16     Sec. 6.  Minnesota Statutes 2002, section 84.862, is 
  5.17  amended by adding a subdivision to read: 
  5.18     Subd. 2a.  [CERTIFICATES ISSUED IN OTHER STATES.] If a 
  5.19  person completes a safety course in another state that is 
  5.20  recognized by the commissioner under a reciprocity agreement, 
  5.21  evidence that the person has completed that course is acceptable 
  5.22  in lieu of a certificate under this section. 
  5.23     Sec. 7.  Minnesota Statutes 2002, section 85.20, 
  5.24  subdivision 6, is amended to read: 
  5.25     Subd. 6.  [LITTERING; PENALTY.] (a) No person shall drain, 
  5.26  throw, or deposit upon the lands and waters within ~~a state~~ 
  5.27  ~~park~~ any unit of the outdoor recreation system as defined in 
  5.28  section 86A.04 any substance, including cigarette filters and 
  5.29  debris from fireworks, that would mar the appearance, create a 
  5.30  stench, destroy the cleanliness or safety of the land, or would 
  5.31  be likely to injure any animal, vehicle, or person traveling 
  5.32  upon those lands and waters.  The operator of a vehicle or 
  5.33  watercraft, except a school bus or a vehicle transporting 
  5.34  passengers for hire and regulated by the interstate commerce 
  5.35  commission, shall not permit articles to be thrown or discarded 
  5.36  from the vehicle upon any lands or waters within ~~a state park~~ 
  6.1   any unit of the outdoor recreation system.  
  6.2      (b) Violation of this subdivision is a misdemeanor.  Any 
  6.3   person sentenced under this subdivision shall in lieu of the 
  6.4   sentence imposed be permitted, under terms established by the 
  6.5   court, to work under the direction of the department of natural 
  6.6   resources at clearing rubbish, trash, and debris from any ~~state~~ 
  6.7   ~~park~~ unit of the outdoor recreation system.  The court may for 
  6.8   any violation of this subdivision order the offender to perform 
  6.9   such work under terms established by the court with the option 
  6.10  of a jail sentence being imposed.  
  6.11     (c) In lieu of enforcement under paragraph (b), this 
  6.12  subdivision may be enforced by imposition of a civil penalty and 
  6.13  an action for damages for littering under section 115A.99. 
  6.14     Sec. 8.  Minnesota Statutes 2002, section 85.22, is amended 
  6.15  by adding a subdivision to read: 
  6.16     Subd. 5.  [EXEMPTION.] Purchases made from the state parks 
  6.17  working capital fund are exempt from competitive bidding, 
  6.18  notwithstanding chapter 16C. 
  6.19     Sec. 9.  Minnesota Statutes 2002, section 86B.401, 
  6.20  subdivision 1, is amended to read: 
  6.21     Subdivision 1.  [APPLICATION.] (a) A person may apply to 
  6.22  the commissioner ~~of natural resources~~, the commissioner of 
  6.23  public safety, or an authorized deputy registrar of motor 
  6.24  vehicles to license a watercraft in a ~~form as~~ format prescribed 
  6.25  by the commissioner ~~of public safety~~.  
  6.26     (b) The application must state the names and addresses of 
  6.27  all owners of the watercraft. 
  6.28     Sec. 10.  Minnesota Statutes 2002, section 97A.065, 
  6.29  subdivision 2, is amended to read: 
  6.30     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
  6.31  forfeited bail collected from prosecutions of violations of:  
  6.32  the game and fish laws or rules adopted thereunder; sections 
  6.33  84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 
  6.34  84.91 or rules adopted thereunder; section 169A.20, when the 
  6.35  violation involved an off-road recreational vehicle as defined 
  6.36  in section 169A.03, subdivision 16; chapter 348; and any other 
  7.1   law relating to wild animals or aquatic vegetation, must be paid 
  7.2   to the treasurer of the county where the violation is 
  7.3   prosecuted.  The county treasurer shall submit one-half of the 
  7.4   receipts to the commissioner and credit the balance to the 
  7.5   county general revenue fund except as provided in paragraphs 
  7.6   (b), (c), and (d).  In a county in a judicial district under 
  7.7   section 480.181, subdivision 1, paragraph (b), the share that 
  7.8   would otherwise go to the county under this paragraph must be 
  7.9   submitted to the state treasurer for deposit in the state 
  7.10  treasury and credited to the general fund. 
  7.11     (b) The commissioner ~~must~~ may reimburse a county, from the 
  7.12  game and fish fund, for the cost of keeping prisoners prosecuted 
  7.13  for violations of the game and fish laws under this section if 
  7.14  the county board, by resolution, directs:  (1) the county 
  7.15  treasurer to submit all game and fish fines and forfeited bail 
  7.16  to the commissioner; and (2) the county auditor to certify and 
  7.17  submit monthly itemized statements to the commissioner.  
  7.18     (c) The county treasurer shall submit one-half of the 
  7.19  receipts collected under paragraph (a) from prosecutions of 
  7.20  violations of sections 84.81 to 84.91 or rules adopted 
  7.21  thereunder, and 169A.20, except receipts that are surcharges 
  7.22  imposed under section 357.021, subdivision 6, to the 
  7.23  commissioner and credit the balance to the county general fund.  
  7.24  The commissioner shall credit these receipts to the snowmobile 
  7.25  trails and enforcement account in the natural resources fund. 
  7.26     (d) The county treasurer shall indicate the amount of the 
  7.27  receipts that are surcharges imposed under section 357.021, 
  7.28  subdivision 6, and shall submit all of those receipts to the 
  7.29  state treasurer. 
  7.30     Sec. 11.  Minnesota Statutes 2002, section 97C.355, 
  7.31  subdivision 1, is amended to read: 
  7.32     Subdivision 1.  [IDENTIFICATION REQUIRED.] All shelters on 
  7.33  the ice of state waters, including dark houses and fish houses, 
  7.34  must have:  (1) the owner's name and address ~~or~~, (2) the owner's 
  7.35  driver's license number ~~of an~~, or (3) the "MDNR#" license 
  7.36  identification number issued to the owner legibly displayed on 
  8.1   the exterior with characters at least two inches high. 
  8.2      Sec. 12.  Minnesota Statutes 2002, section 97C.355, 
  8.3   subdivision 2, is amended to read: 
  8.4      Subd. 2.  [LICENSE REQUIRED.] A person may not take fish 
  8.5   from a dark house or fish house unless the house is licensed and 
  8.6   has a ~~durable~~ license tag attached to the exterior ~~as prescribed~~ 
  8.7   ~~by the commissioner~~ in a readily visible location, except as 
  8.8   provided in this subdivision.  The commissioner must issue 
  8.9   a ~~durable~~ tag ~~that is at least two inches in diameter with a~~ 
  8.10  ~~3/16 inch hole in the center~~ with a dark house or fish house 
  8.11  license~~.  The durable tag must be~~, marked with a number to 
  8.12  correspond with the license and the year of issue.  A dark house 
  8.13  or fish house license is not required of a resident on boundary 
  8.14  waters where the adjacent state does not charge a fee for the 
  8.15  same activity. 
  8.16     Sec. 13.  Minnesota Statutes 2002, section 169.42, 
  8.17  subdivision 1, is amended to read: 
  8.18     Subdivision 1.  [DANGEROUS OBJECT ON HIGHWAY.] No person 
  8.19  shall throw, deposit, place or dump, or cause to be thrown, 
  8.20  deposited, placed or dumped upon any street or highway or upon 
  8.21  any public or privately owned land adjacent thereto without the 
  8.22  owner's consent any snow, ice, glass bottle, glass, nails, 
  8.23  tacks, wire, cans, garbage, swill, papers, ashes, cigarette 
  8.24  filters, debris from fireworks, refuse, carcass of any dead 
  8.25  animal, offal, trash or rubbish or any other form of offensive 
  8.26  matter or any other substance likely to injure any person, 
  8.27  animal or vehicle upon any such street or highway. 
  8.28     Sec. 14.  Minnesota Statutes 2002, section 169.421, 
  8.29  subdivision 3, is amended to read: 
  8.30     Subd. 3.  [CIVIL LIABILITY IMPOSED.] If any solid waste, 
  8.31  including litter, glass, nails, tacks, wire, cans, bottles, 
  8.32  garbage, papers, refuse, trash, cigarette filters, debris from 
  8.33  fireworks, or any form of offensive matter is thrown, deposited, 
  8.34  placed, or dumped from a vehicle upon any street or highway, 
  8.35  public land, or upon private land without the consent of the 
  8.36  owner of the land, a violation of this subdivision occurs and 
  9.1   civil liability is imposed upon the owner of the vehicle.  The 
  9.2   driver and passengers riding in a vehicle are constituted as the 
  9.3   agents of the owner of the vehicle for purposes of this 
  9.4   subdivision.  It is a defense to any action brought pursuant to 
  9.5   this section that the vehicle was stolen.  This section is not 
  9.6   applicable to the owner of a vehicle transporting persons for 
  9.7   hire or transporting school children.  
  9.8      Sec. 15.  Minnesota Statutes 2002, section 609.68, is 
  9.9   amended to read: 
  9.10     609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
  9.11     Whoever unlawfully deposits garbage, rubbish, cigarette 
  9.12  filters, debris from fireworks, offal, or the body of a dead 
  9.13  animal, or other litter in or upon any public highway, public 
  9.14  waters or the ice thereon, shoreland areas adjacent to rivers or 
  9.15  streams as defined by section 103F.205, public lands, or, 
  9.16  without the consent of the owner, private lands or water or ice 
  9.17  thereon, is guilty of a misdemeanor. 
  9.18     Sec. 16.  [REPEALER.] 
  9.19     Minnesota Statutes 2002, section 97A.051, subdivision 1, is 
  9.20  repealed.  Minnesota Rules, part 6262.0100, subpart 2, is 
  9.21  repealed.