1.1                          A bill for an act 
  1.2             relating to natural resources; modifying commercial 
  1.3             fishing restrictions in infested waters; providing for 
  1.4             a water recreation account; modifying expiration of 
  1.5             certain committees; modifying disposition of certain 
  1.6             revenue and unrefunded tax receipts; modifying terms 
  1.7             of certain reports; eliminating commissioner approval 
  1.8             of county expenditures of county timber receipts; 
  1.9             modifying zoning requirements in floodplain areas; 
  1.10            amending Minnesota Statutes 2004, sections 84D.03, 
  1.11            subdivision 4; 97A.055, subdivision 4b; 97A.4742, 
  1.12            subdivision 4; 103G.615, subdivision 2; 282.08; 
  1.13            282.38, subdivision 1; 296A.18, subdivision 2; 
  1.14            462.357, subdivision 1e; proposing coding for new law 
  1.15            in Minnesota Statutes, chapter 86B. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2004, section 84D.03, 
  1.18  subdivision 4, is amended to read: 
  1.19     Subd. 4.  [COMMERCIAL FISHING AND TURTLE, FROG, AND 
  1.20  CRAYFISH HARVESTING RESTRICTIONS IN INFESTED AND NONINFESTED 
  1.21  WATERS.] (a) All nets, traps, buoys, anchors, stakes, and lines 
  1.22  used for commercial fishing or turtle, frog, or crayfish 
  1.23  harvesting in an infested ~~waters,~~ water that is designated 
  1.24  because ~~the waters contain~~ it contains invasive fish or 
  1.25  invertebrates, may not be used in ~~noninfested~~ any other waters.  
  1.26  If a commercial licensee operates in both ~~noninfested waters and~~ 
  1.27  an infested ~~waters~~ water designated because ~~the waters contain~~ 
  1.28  it contains invasive fish or invertebrates and other waters, all 
  1.29  nets, traps, buoys, anchors, stakes, and lines used for 
  1.30  commercial fishing or turtle, frog, or crayfish harvesting in 
  2.1   ~~noninfested~~ waters not designated as infested with invasive fish 
  2.2   or invertebrates must be tagged with tags provided by the 
  2.3   commissioner, as specified in the commercial licensee's license 
  2.4   or permit, and may not be used in infested waters designated 
  2.5   because the waters contain invasive fish or invertebrates. 
  2.6      (b) ~~In infested waters designated solely because the waters~~ 
  2.7   ~~contain Eurasian water milfoil,~~ All nets, traps, buoys, anchors, 
  2.8   stakes, and lines used for commercial fishing or turtle, frog, 
  2.9   or crayfish harvesting in an infested water that is designated 
  2.10  solely because it contains Eurasian water milfoil must be dried 
  2.11  for a minimum of ten days or frozen for a minimum of two days 
  2.12  before they are used in ~~noninfested~~ any other waters, except as 
  2.13  provided in this paragraph.  Commercial ~~operators~~ licensees must 
  2.14  notify the department's regional or area fisheries office or a 
  2.15  conservation officer ~~when~~ before removing nets or equipment from 
  2.16  an infested ~~waters~~ water designated solely because it contains 
  2.17  Eurasian water milfoil and before resetting those nets or 
  2.18  equipment in ~~noninfested~~ any other waters.  ~~All aquatic~~ 
  2.19  ~~macrophytes~~ Upon such notification, the commissioner may 
  2.20  authorize a commercial licensee to move nets or equipment to 
  2.21  another water without freezing or drying, if that water is 
  2.22  designated as infested solely because it contains Eurasian water 
  2.23  milfoil.  
  2.24     (c) A commercial licensee must ~~be removed~~ remove all 
  2.25  aquatic macrophytes from nets and other equipment when the nets 
  2.26  and equipment are removed from ~~infested~~ waters of the state. 
  2.27     (d) The commissioner shall provide a commercial licensee 
  2.28  with a current listing of designated infested waters at the time 
  2.29  that a license or permit is issued. 
  2.30     Sec. 2.  [86B.706] [WATER RECREATION ACCOUNT; RECEIPTS AND 
  2.31  PURPOSE.] 
  2.32     Subdivision 1.  [CREATION.] The water recreation account is 
  2.33  created in the state treasury in the natural resources fund. 
  2.34     Subd. 2.  [MONEY DEPOSITED IN ACCOUNT.] The following shall 
  2.35  be deposited in the state treasury and credited to the water 
  2.36  recreation account: 
  3.1      (1) fees and surcharges from titling and licensing of 
  3.2   watercraft under this chapter; 
  3.3      (2) fines, installment payments, and forfeited bail 
  3.4   according to section 86B.705, subdivision 2; 
  3.5      (3) civil penalties according to section 84D.13; 
  3.6      (4) mooring fees and receipts from the sale of marine gas 
  3.7   at state-operated or state-assisted small craft harbors and 
  3.8   mooring facilities according to section 86A.21; 
  3.9      (5) the unrefunded gasoline tax attributable to watercraft 
  3.10  use under section 296A.18; and 
  3.11     (6) fees for permits issued to control or harvest aquatic 
  3.12  plants other than wild rice under section 103G.615, subdivision 
  3.13  2. 
  3.14     Subd. 3.  [PURPOSES.] The money in the account may be 
  3.15  expended only as appropriated by law for the following purposes: 
  3.16     (1) as directed under section 296A.18, subdivision 2, for 
  3.17  acquisition, development, maintenance, and rehabilitation of 
  3.18  public water access and boating facilities on public waters; 
  3.19  lake and river improvements; and boat and water safety; 
  3.20     (2) from the fees collected at state-operated or 
  3.21  state-assisted small craft harbors and mooring facilities from 
  3.22  daily and seasonal moorings and the sale of marine gas, for 
  3.23  maintenance, operation, replacement, and expansion of these 
  3.24  facilities and for the debt service on state bonds sold to 
  3.25  finance these facilities; 
  3.26     (3) for administration and enforcement of this chapter as 
  3.27  it pertains to titling and licensing of watercraft and use and 
  3.28  safe operation of watercraft; grants for county-sponsored and 
  3.29  administered boat and water safety programs; and state boat and 
  3.30  water safety efforts; 
  3.31     (4) for management of aquatic invasive species and the 
  3.32  implementation of chapter 84D as it pertains to aquatic invasive 
  3.33  species, including control, public awareness, law enforcement, 
  3.34  assessment and monitoring, management planning, and research; 
  3.35  and 
  3.36     (5) for management of aquatic plants and the implementation 
  4.1   of section 103G.615 as it pertains to aquatic plants, including 
  4.2   plant removal permitting, control, public awareness, law 
  4.3   enforcement, assessment and monitoring, management planning, and 
  4.4   research. 
  4.5      Sec. 3.  Minnesota Statutes 2004, section 97A.055, 
  4.6   subdivision 4b, is amended to read: 
  4.7      Subd. 4b.  [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The 
  4.8   commissioner shall appoint subcommittees of affected persons to 
  4.9   review the reports prepared under subdivision 4; review the 
  4.10  proposed work plans and budgets for the coming year; propose 
  4.11  changes in policies, activities, and revenue enhancements or 
  4.12  reductions; review other relevant information; and make 
  4.13  recommendations to the legislature and the commissioner for 
  4.14  improvements in the management and use of money in the game and 
  4.15  fish fund. 
  4.16     (b) The commissioner shall appoint the following 
  4.17  subcommittees, each comprised of at least three affected persons:
  4.18     (1) a Fisheries Operations Subcommittee to review fisheries 
  4.19  funding, excluding activities related to trout and salmon stamp 
  4.20  funding; 
  4.21     (2) a Wildlife Operations Subcommittee to review wildlife 
  4.22  funding, excluding activities related to migratory waterfowl, 
  4.23  pheasant, and turkey stamp funding and excluding review of the 
  4.24  amounts available under section 97A.075, subdivision 1, 
  4.25  paragraphs (b) and (c); 
  4.26     (3) a Big Game Subcommittee to review the report required 
  4.27  in subdivision 4, paragraph (a), clause (2); 
  4.28     (4) an Ecological Services Operations Subcommittee to 
  4.29  review ecological services funding; 
  4.30     (5) a subcommittee to review game and fish fund funding of 
  4.31  enforcement, support services, and Department of Natural 
  4.32  Resources administration; 
  4.33     (6) a subcommittee to review the trout and salmon stamp 
  4.34  report and address funding issues related to trout and salmon; 
  4.35     (7) a subcommittee to review the report on the migratory 
  4.36  waterfowl stamp and address funding issues related to migratory 
  5.1   waterfowl; 
  5.2      (8) a subcommittee to review the report on the pheasant 
  5.3   stamp and address funding issues related to pheasants; and 
  5.4      (9) a subcommittee to review the report on the turkey stamp 
  5.5   and address funding issues related to wild turkeys. 
  5.6      (c) The chairs of each of the subcommittees shall form a 
  5.7   Budgetary Oversight Committee to coordinate the integration of 
  5.8   the subcommittee reports into an annual report to the 
  5.9   legislature; recommend changes on a broad level in policies, 
  5.10  activities, and revenue enhancements or reductions; provide a 
  5.11  forum to address issues that transcend the subcommittees; and 
  5.12  submit a report for any subcommittee that fails to submit its 
  5.13  report in a timely manner. 
  5.14     (d) The Budgetary Oversight Committee shall develop 
  5.15  recommendations for a biennial budget plan and report for 
  5.16  expenditures on game and fish activities.  By August 15 of each 
  5.17  even-numbered year, the committee shall submit the budget plan 
  5.18  recommendations to the commissioner. 
  5.19     (e) Each subcommittee shall choose its own chair, except 
  5.20  that the chair of the Budgetary Oversight Committee shall be 
  5.21  appointed by the commissioner and may not be the chair of any of 
  5.22  the subcommittees. 
  5.23     (f) The Budgetary Oversight Committee must make 
  5.24  recommendations to the commissioner for outcome goals from 
  5.25  expenditures. 
  5.26     (g) Notwithstanding section 15.059, subdivision 5, or other 
  5.27  law to the contrary, the Budgetary Oversight Committee and 
  5.28  subcommittees do not expire until June 30, ~~2005~~ 2010. 
  5.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  5.30  following final enactment. 
  5.31     Sec. 4.  Minnesota Statutes 2004, section 97A.4742, 
  5.32  subdivision 4, is amended to read: 
  5.33     Subd. 4.  [ANNUAL REPORT.] By December 15 each year, the 
  5.34  commissioner shall submit a report to the legislative committees 
  5.35  having jurisdiction over environment and natural resources 
  5.36  appropriations and environment and natural resources policy.  
  6.1   The report shall state the amount of revenue received in and 
  6.2   expenditures made from revenue transferred from the lifetime 
  6.3   fish and wildlife trust fund to the game and fish fund ~~and shall~~ 
  6.4   ~~describe projects funded, locations of the projects, and results~~ 
  6.5   ~~and benefits from the projects~~.  The report may be included in 
  6.6   the game and fish fund report required by section 97A.055, 
  6.7   subdivision 4.  The commissioner shall make the annual report 
  6.8   available to the public. 
  6.9      Sec. 5.  Minnesota Statutes 2004, section 103G.615, 
  6.10  subdivision 2, is amended to read: 
  6.11     Subd. 2.  [FEES.] (a) The commissioner shall establish a 
  6.12  fee schedule for permits to control or harvest aquatic plants 
  6.13  other than wild rice.  The fees must be set by rule, and section 
  6.14  16A.1283 does not apply.  The fees may not exceed $750 per 
  6.15  permit based upon the cost of receiving, processing, analyzing, 
  6.16  and issuing the permit, and additional costs incurred after the 
  6.17  application to inspect and monitor the activities authorized by 
  6.18  the permit, and enforce aquatic plant management rules and 
  6.19  permit requirements. 
  6.20     (b) The fee for a permit for the control of rooted aquatic 
  6.21  vegetation is $35 for each contiguous parcel of shoreline owned 
  6.22  by an owner.  This fee may not be charged for permits issued in 
  6.23  connection with purple loosestrife control or lakewide Eurasian 
  6.24  water milfoil control programs. 
  6.25     (c) A fee may not be charged to the state or a federal 
  6.26  governmental agency applying for a permit. 
  6.27     (d) The money received for the permits under this 
  6.28  subdivision shall be deposited in the treasury and credited to 
  6.29  the ~~game and fish fund~~ water recreation account. 
  6.30     Sec. 6.  Minnesota Statutes 2004, section 282.08, is 
  6.31  amended to read: 
  6.32     282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.] 
  6.33     The net proceeds from the sale or rental of any parcel of 
  6.34  forfeited land, or from the sale of products from the forfeited 
  6.35  land, must be apportioned by the county auditor to the taxing 
  6.36  districts interested in the land, as follows: 
  7.1      (1) the amounts necessary to pay the state general tax levy 
  7.2   against the parcel for taxes payable in the year for which the 
  7.3   tax judgment was entered, and for each subsequent payable year 
  7.4   up to and including the year of forfeiture, must be apportioned 
  7.5   to the state; 
  7.6      (2) the portion required to pay any amounts included in the 
  7.7   appraised value under section 282.01, subdivision 3, as 
  7.8   representing increased value due to any public improvement made 
  7.9   after forfeiture of the parcel to the state, but not exceeding 
  7.10  the amount certified by the clerk of the municipality must be 
  7.11  apportioned to the municipal subdivision entitled to it; 
  7.12     (3) the portion required to pay any amount included in the 
  7.13  appraised value under section 282.019, subdivision 5, 
  7.14  representing increased value due to response actions taken after 
  7.15  forfeiture of the parcel to the state, but not exceeding the 
  7.16  amount of expenses certified by the Pollution Control Agency or 
  7.17  the commissioner of agriculture, must be apportioned to the 
  7.18  agency or the commissioner of agriculture and deposited in the 
  7.19  fund from which the expenses were paid; 
  7.20     (4) the portion of the remainder required to discharge any 
  7.21  special assessment chargeable against the parcel for drainage or 
  7.22  other purpose whether due or deferred at the time of forfeiture, 
  7.23  must be apportioned to the municipal subdivision entitled to it; 
  7.24  and 
  7.25     (5) any balance must be apportioned as follows: 
  7.26     (i) The county board may annually by resolution set aside 
  7.27  no more than 30 percent of the receipts remaining to be used for 
  7.28  ~~timber~~ forest development on tax-forfeited land and dedicated 
  7.29  memorial forests, to be expended under the supervision of the 
  7.30  county board.  It must be expended only on projects ~~approved by~~ 
  7.31  ~~the commissioner of natural resources~~ improving the health and 
  7.32  management of the forest resource. 
  7.33     (ii) The county board may annually by resolution set aside 
  7.34  no more than 20 percent of the receipts remaining to be used for 
  7.35  the acquisition and maintenance of county parks or recreational 
  7.36  areas as defined in sections 398.31 to 398.36, to be expended 
  8.1   under the supervision of the county board. 
  8.2      (iii) Any balance remaining must be apportioned as 
  8.3   follows:  county, 40 percent; town or city, 20 percent; and 
  8.4   school district, 40 percent, provided, however, that in 
  8.5   unorganized territory that portion which would have accrued to 
  8.6   the township must be administered by the county board of 
  8.7   commissioners. 
  8.8      Sec. 7.  Minnesota Statutes 2004, section 282.38, 
  8.9   subdivision 1, is amended to read: 
  8.10     Subdivision 1.  [DEVELOPMENT.] In any county where the 
  8.11  county board by proper resolution sets aside funds for ~~timber~~ 
  8.12  forest development pursuant to section 282.08, 
  8.13  clause ~~(3)(a)~~ (5), item (i), or section 459.06, subdivision 2, 
  8.14  the ~~Commission~~ commissioner of Iron Range resources and 
  8.15  rehabilitation may upon request of the county board assist said 
  8.16  county in carrying out any project for the long range 
  8.17  development of its ~~timber~~ forest resources through matching of 
  8.18  funds or otherwise~~, provided that any such project shall first~~ 
  8.19  ~~be approved by the commissioner of natural resources~~. 
  8.20     Sec. 8.  Minnesota Statutes 2004, section 296A.18, 
  8.21  subdivision 2, is amended to read: 
  8.22     Subd. 2.  [MOTORBOAT.] Approximately 1-1/2 percent of all 
  8.23  gasoline received in this state and 1-1/2 percent of all 
  8.24  gasoline produced or brought into this state, except gasoline 
  8.25  used for aviation purposes, is being used as fuel for the 
  8.26  operation of motorboats on the waters of this state and of the 
  8.27  total revenue derived from the imposition of the gasoline fuel 
  8.28  tax for uses other than for aviation purposes, 1-1/2 percent of 
  8.29  such revenues is the amount of tax on fuel used in motorboats 
  8.30  operated on the waters of this state.  The amount of unrefunded 
  8.31  tax paid on gasoline used for motor boat purposes as computed in 
  8.32  this chapter shall be paid into the state treasury and credited 
  8.33  to a water recreation account in the special revenue fund for 
  8.34  acquisition, development, maintenance, and rehabilitation of 
  8.35  sites for public access and boating facilities on public waters; 
  8.36  lake and river improvement; ~~state park development;~~ and boat and 
  9.1   water safety. 
  9.2      Sec. 9.  Minnesota Statutes 2004, section 462.357, 
  9.3   subdivision 1e, is amended to read: 
  9.4      Subd. 1e.  [NONCONFORMITIES.] (a) Any nonconformity, 
  9.5   including the lawful use or occupation of land or premises 
  9.6   existing at the time of the adoption of an additional control 
  9.7   under this chapter, may be continued, including through repair, 
  9.8   replacement, restoration, maintenance, or improvement, but not 
  9.9   including expansion, unless: 
  9.10     (1) the nonconformity or occupancy is discontinued for a 
  9.11  period of more than one year; or 
  9.12     (2) any nonconforming use is destroyed by fire or other 
  9.13  peril to the extent of greater than 50 percent of its market 
  9.14  value, and no building permit has been applied for within 180 
  9.15  days of when the property is damaged.  In this case, a 
  9.16  municipality may impose reasonable conditions upon a building 
  9.17  permit in order to mitigate any newly created impact on adjacent 
  9.18  property. 
  9.19     (b) Any subsequent use or occupancy of the land or premises 
  9.20  shall be a conforming use or occupancy.  A municipality may, by 
  9.21  ordinance, permit an expansion or impose upon nonconformities 
  9.22  reasonable regulations to prevent and abate nuisances and to 
  9.23  protect the public health, welfare, or safety.  This subdivision 
  9.24  does not prohibit a municipality from enforcing an ordinance 
  9.25  that applies to adults-only bookstores, adults-only theaters, or 
  9.26  similar adults-only businesses, as defined by ordinance. 
  9.27     (c) Notwithstanding paragraph (a), a municipality shall 
  9.28  regulate the repair, replacement, maintenance, improvement, or 
  9.29  expansion of nonconforming uses and structures in floodplain 
  9.30  areas to the extent necessary to maintain eligibility in the 
  9.31  National Flood Insurance Program and not increase flood damage 
  9.32  potential or increase the degree of obstruction to flood flows 
  9.33  in the floodway.