1.1 	A bill for an act
1.2 	relating to natural resources; modifying safety
1.3 	training provisions; providing for certain background
1.4 	checks; amending Minnesota Statutes 2004, sections
1.5 	84.027, by adding a subdivision; 84.9256, subdivision
1.6 	1; 97B.015, subdivisions 1, 2, 5; 97B.020; 349.12,
1.7 	subdivision 25.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 84.027, is
1.10 	amended by adding a subdivision to read:
1.11 		Subd. 17.Background checks for volunteer
1.12 	instructors. (a) The commissioner may conduct background checks
1.13 	for volunteer instructor applicants for department safety
1.14 	training and education programs, including the programs
1.15 	established under sections 84.791 (youth off-highway motorcycle
1.16 	safety education and training), 84.86 and 84.862 (youth and
1.17 	adult snowmobile safety training), 84.925 (youth all-terrain
1.18 	vehicle safety education and training), 97B.015 (youth firearms
1.19 	safety training), and 97B.025 (hunter and trapper education and
1.20 	training).
1.21 	(b) The commissioner shall perform the background check by
1.22 	retrieving criminal history data maintained in the criminal
1.23 	justice information system (CJIS) and other data sources.  If
1.24 	the volunteer instructor has resided in Minnesota for less than
1.25 	ten years, the commissioner may conduct a search of the national
1.26 	criminal records repository or the criminal justice data
2.1 	communications network records in the state or states where the
2.2 	applicant has resided for the preceding ten years.  The
2.3 	commissioner may exchange fingerprints with the Federal Bureau
2.4 	of Investigation for the purposes of the criminal history check.
2.5 	(c) The commissioner shall develop a standardized form to
2.6 	be used for requesting a background check, which must include:
2.7 	(1) a notification to the applicant that the commissioner
2.8 	will conduct a background check under this section;
2.9 	(2) a notification to the applicant of the applicant's
2.10 	rights under paragraph (d); and 
2.11 	(3) a signed consent by the applicant to conduct the
2.12 	background check.
2.13 	(d) The volunteer instructor applicant who is the subject
2.14 	of a background check has the right to:
2.15 	(1) be informed that the commissioner will request a
2.16 	background check on the applicant;
2.17 	(2) be informed by the commissioner of the results of the
2.18 	background check and obtain a copy of the background check;
2.19 	(3) obtain any record that forms the basis for the
2.20 	background check and report;
2.21 	(4) challenge the accuracy and completeness of the
2.22 	information contained in the report or a record; and 
2.23 	(5) be informed by the commissioner if the applicant is
2.24 	rejected because of the result of the background check.

2.25 	Sec. 2. Minnesota Statutes 2004, section 84.9256,
2.26 	subdivision 1, is amended to read:
2.27 		Subdivision 1.Prohibitions on youthful operators.  (a)
2.28 	Except for operation on public road rights-of-way that is
2.29 	permitted under section 84.928, a driver's license issued by the
2.30 	state or another state is required to operate an all-terrain
2.31 	vehicle along or on a public road right-of-way.
2.32 	(b) A person under 12 years of age shall not:
2.33 	(1) make a direct crossing of a public road right-of-way;
2.34 	(2) operate an all-terrain vehicle on a public road
2.35 	right-of-way in the state; or
2.36 	(3) operate an all-terrain vehicle on public lands or
3.1 	waters.
3.2 	(c) Except for public road rights-of-way of interstate
3.3 	highways, a person 12 years of age but less than 16 years may
3.4 	make a direct crossing of a public road right-of-way of a trunk,
3.5 	county state-aid, or county highway or operate on public lands
3.6 	and waters, only if that person possesses a valid all-terrain
3.7 	vehicle safety certificate issued by the commissioner and is
3.8 	accompanied on another all-terrain vehicle by a person 18 years
3.9 	of age or older who holds a valid driver's license.
3.10 	(d) All-terrain vehicle safety certificates issued by the
3.11 	commissioner to persons 12 years old, but less than 16 years
3.12 	old, are not valid for machines in excess of 90cc engine
3.13 	capacity unless:
3.14 	(1) the person successfully completed the safety education
3.15 	and training program under section 84.925, subdivision 1,
3.16 	including a riding component; and 
3.17 	(2) the riding component of the training was conducted
3.18 	using an all-terrain vehicle with over 90cc engine capacity; and 
3.19 	(3) the person is able to properly reach and control the
3.20 	handle bars and reach the foot pegs while sitting upright on the
3.21 	seat of the all-terrain vehicle.

3.22 	Sec. 3. Minnesota Statutes 2004, section 97B.015,
3.23 	subdivision 1, is amended to read:
3.24 		Subdivision 1.Establishment.  The commissioner shall
3.25 	make rules establishing establish a statewide course in the safe
3.26 	use of firearms and identification of wild mammals and
3.27 	birds. At least one course must be held within the boundary of
3.28 	each school district.The courses must be conducted by the
3.29 	commissioner in cooperation with other organizations.  The
3.30 	courses must instruct youths in commonly accepted principles of
3.31 	safety in hunting and handling common hunting firearms and
3.32 	identification of various species of wild mammals and birds by
3.33 	sight and other unique characteristics.

3.34 	Sec. 4. Minnesota Statutes 2004, section 97B.015,
3.35 	subdivision 2, is amended to read:
3.36 		Subd. 2.Administration, supervision, and enforcement.
 4.1 	(a) The commissioner shall appoint a qualified person from the
4.2 	Enforcement Division under civil service rules as supervisor of
4.3 	hunting safety and prescribe the duties and responsibilities of
4.4 	the position.  The commissioner shall determine and provide the
4.5 	Enforcement Division with the necessary personnel for this
4.6 	section.
4.7 	(b) The commissioner may appoint one or more county
4.8 	directors of hunting safety in each county.  An appointed county
4.9 	director is responsible to the Enforcement Division.The
4.10 	Enforcement Division may appoint instructors necessary for this
4.11 	section. County directors and Instructors shall serve on a
4.12 	voluntary basis without compensation.  The Enforcement Division
4.13 	must supply the materials necessary for the course.  School
4.14 	districts may cooperate with the commissioner and volunteer
4.15 	instructors to provide space for the classroom portion of the
4.16 	training.

4.17 	Sec. 5. Minnesota Statutes 2004, section 97B.015,
4.18 	subdivision 5, is amended to read:
4.19 		Subd. 5.Firearms safety certificate.  The commissioner
4.20 	shall issue a firearms safety certificate to a person that
4.21 	satisfactorily completes the required course of instruction.  A
4.22 	person must be at least age 11 to take the firearms safety
4.23 	course and may receive a firearms safety certificate, but the
4.24 	certificate is not valid for hunting until the person is at
4.25 	least reaches age 12. A person who is age 11 and has a firearms
4.26 	safety certificate may purchase a deer, bear, turkey, or prairie
4.27 	chicken license that will become valid when the person reaches
4.28 	age 12.A firearms safety certificate issued to a person under
4.29 	age 12 by another state as provided in section 97B.020 is not
4.30 	valid for hunting in Minnesota until the person reaches age 12.
4.31 	The form and content of the firearms safety certificate shall be
4.32 	prescribed by the commissioner.

4.33 	Sec. 6. Minnesota Statutes 2004, section 97B.020, is
4.34 	amended to read:
4.35 	97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
4.36 	(a) Except as provided in this section and section 97A.451,
5.1 	subdivision 3a, a person born after December 31, 1979, may not
5.2 	obtain an annual license to take wild animals by firearms unless
5.3 	the person has:
5.4 	(1) a firearms safety certificate or equivalent
5.5 	certificate,;
5.6 	(2) a driver's license or identification card with a valid
5.7 	firearms safety qualification indicator issued under section
5.8 	171.07, subdivision 13,;
5.9 	(3) a previous hunting license,with a valid firearms
5.10 	safety qualification indicator;or
5.11 	(4) other evidence indicating that the person has completed
5.12 	in this state or in another state a hunter safety course
5.13 	recognized by the department under a reciprocity agreement or
5.14 	certified by the department as substantially similar.
5.15 	(b) A person who is on active duty and has successfully
5.16 	completed basic training in the United States armed forces,
5.17 	reserve component, or National Guard may obtain a hunting
5.18 	license or approval authorizing hunting regardless of whether
5.19 	the person is issued a firearms safety certificate.
5.20 	(b) (c) A person born after December 31, 1979, may not use
5.21 	a lifetime license to take wild animals by firearms, unless the
5.22 	person meets the requirements for obtaining an annual license
5.23 	under paragraph (a) or (b).

5.24 	Sec. 7. Minnesota Statutes 2004, section 349.12,
5.25 	subdivision 25, is amended to read:
5.26 		Subd. 25.Lawful purpose.  (a) "Lawful purpose" means one
5.27 	or more of the following:
5.28 	(1) any expenditure by or contribution to a 501(c)(3) or
5.29 	festival organization, as defined in subdivision 15a, provided
5.30 	that the organization and expenditure or contribution are in
5.31 	conformity with standards prescribed by the board under section
5.32 	349.154, which standards must apply to both types of
5.33 	organizations in the same manner and to the same extent;
5.34 	(2) a contribution to an individual or family suffering
5.35 	from poverty, homelessness, or physical or mental disability,
5.36 	which is used to relieve the effects of that poverty,
6.1 	homelessness, or disability;
6.2 	(3) a contribution to an individual for treatment for
6.3 	delayed posttraumatic stress syndrome or a contribution to a
6.4 	program recognized by the Minnesota Department of Human Services
6.5 	for the education, prevention, or treatment of compulsive
6.6 	gambling;
6.7 	(4) a contribution to or expenditure on a public or private
6.8 	nonprofit educational institution registered with or accredited
6.9 	by this state or any other state;
6.10 	(5) a contribution to a scholarship fund for defraying the
6.11 	cost of education to individuals where the funds are awarded
6.12 	through an open and fair selection process;
6.13 	(6) activities by an organization or a government entity
6.14 	which recognize humanitarian or military service to the United
6.15 	States, the state of Minnesota, or a community, subject to rules
6.16 	of the board, provided that the rules must not include mileage
6.17 	reimbursements in the computation of the per diem reimbursement
6.18 	limit and must impose no aggregate annual limit on the amount of
6.19 	reasonable and necessary expenditures made to support:
6.20 	(i) members of a military marching or color guard unit for
6.21 	activities conducted within the state;
6.22 	(ii) members of an organization solely for services
6.23 	performed by the members at funeral services; or
6.24 	(iii) members of military marching, color guard, or honor
6.25 	guard units may be reimbursed for participating in color guard,
6.26 	honor guard, or marching unit events within the state or states
6.27 	contiguous to Minnesota at a per participant rate of up to $35
6.28 	per diem;
6.29 	(7) recreational, community, and athletic facilities and
6.30 	activities intended primarily for persons under age 21, provided
6.31 	that such facilities and activities do not discriminate on the
6.32 	basis of gender and the organization complies with section
6.33 	349.154;
6.34 	(8) payment of local taxes authorized under this chapter,
6.35 	taxes imposed by the United States on receipts from lawful
6.36 	gambling, the taxes imposed by section 297E.02, subdivisions 1,
7.1 	4, 5, and 6, and the tax imposed on unrelated business income by
7.2 	section 290.05, subdivision 3;
7.3 	(9) payment of real estate taxes and assessments on
7.4 	permitted gambling premises wholly owned by the licensed
7.5 	organization paying the taxes, or wholly leased by a licensed
7.6 	veterans organization under a national charter recognized under
7.7 	section 501(c)(19) of the Internal Revenue Code, not to exceed:
7.8 	(i) for premises used for bingo, the amount that an
7.9 	organization may expend under board rules on rent for bingo; and
7.10 	(ii) $35,000 per year for premises used for other forms of
7.11 	lawful gambling;
7.12 	(10) a contribution to the United States, this state or any
7.13 	of its political subdivisions, or any agency or instrumentality
7.14 	thereof other than a direct contribution to a law enforcement or
7.15 	prosecutorial agency;
7.16 	(11) a contribution to or expenditure by a nonprofit
7.17 	organization which is a church or body of communicants gathered
7.18 	in common membership for mutual support and edification in
7.19 	piety, worship, or religious observances;
7.20 	(12) payment of the reasonable costs of an audit required
7.21 	in section 297E.06, subdivision 4, provided the annual audit is
7.22 	filed in a timely manner with the Department of Revenue;
7.23 	(13) a contribution to or expenditure on a wildlife
7.24 	management project that benefits the public at-large, provided
7.25 	that the state agency with authority over that wildlife
7.26 	management project approves the project before the contribution
7.27 	or expenditure is made;
7.28 	(14) expenditures, approved by the commissioner of natural
7.29 	resources, by an organization for grooming and maintaining
7.30 	snowmobile trails and all-terrain vehicle trails that are (1)
7.31 	grant-in-aid trails established under section 85.019, or (2)
7.32 	other trails open to public use, including purchase or lease of
7.33 	equipment for this purpose;
7.34 	(15) conducting nutritional programs, food shelves, and
7.35 	congregate dining programs primarily for persons who are age 62
7.36 	or older or disabled;
8.1 	(16) a contribution to a community arts organization, or an
8.2 	expenditure to sponsor arts programs in the community, including
8.3 	but not limited to visual, literary, performing, or musical
8.4 	arts;
8.5 	(17) an expenditure by a licensed veterans organization for
8.6 	payment of water, fuel for heating, electricity, and sewer costs
8.7 	for a building wholly owned or wholly leased by and used as the
8.8 	primary headquarters of the licensed veterans organization;
8.9 	(18) expenditure by a licensed veterans organization of up
8.10 	to $5,000 in a calendar year in net costs to the organization
8.11 	for meals and other membership events, limited to members and
8.12 	spouses, held in recognition of military service.  No more than
8.13 	$5,000 can be expended in total per calendar year under this
8.14 	clause by all licensed veterans organizations sharing the same
8.15 	veterans post home; or 
8.16 	(19) payment of fees authorized under this chapter imposed
8.17 	by the state of Minnesota to conduct lawful gambling in
8.18 	Minnesota; or 
8.19 	(20) a contribution to or expenditure for Department of
8.20 	Natural Resources youth and adult safety training programs,
8.21 	including those coordinated by the Enforcement Division.
8.22 	(b) Notwithstanding paragraph (a), "lawful purpose" does
8.23 	not include:
8.24 	(1) any expenditure made or incurred for the purpose of
8.25 	influencing the nomination or election of a candidate for public
8.26 	office or for the purpose of promoting or defeating a ballot
8.27 	question;
8.28 	(2) any activity intended to influence an election or a
8.29 	governmental decision-making process;
8.30 	(3) the erection, acquisition, improvement, expansion,
8.31 	repair, or maintenance of real property or capital assets owned
8.32 	or leased by an organization, unless the board has first
8.33 	specifically authorized the expenditures after finding that (i)
8.34 	the real property or capital assets will be used exclusively for
8.35 	one or more of the purposes in paragraph (a); (ii) with respect
8.36 	to expenditures for repair or maintenance only, that the
9.1 	property is or will be used extensively as a meeting place or
9.2 	event location by other nonprofit organizations or community or
9.3 	service groups and that no rental fee is charged for the use;
9.4 	(iii) with respect to expenditures, including a mortgage payment
9.5 	or other debt service payment, for erection or acquisition only,
9.6 	that the erection or acquisition is necessary to replace with a
9.7 	comparable building, a building owned by the organization and
9.8 	destroyed or made uninhabitable by fire or natural disaster,
9.9 	provided that the expenditure may be only for that part of the
9.10 	replacement cost not reimbursed by insurance; (iv) with respect
9.11 	to expenditures, including a mortgage payment or other debt
9.12 	service payment, for erection or acquisition only, that the
9.13 	erection or acquisition is necessary to replace with a
9.14 	comparable building a building owned by the organization that
9.15 	was acquired from the organization by eminent domain or sold by
9.16 	the organization to a purchaser that the organization reasonably
9.17 	believed would otherwise have acquired the building by eminent
9.18 	domain, provided that the expenditure may be only for that part
9.19 	of the replacement cost that exceeds the compensation received
9.20 	by the organization for the building being replaced; or (v) with
9.21 	respect to an expenditure to bring an existing building into
9.22 	compliance with the Americans with Disabilities Act under item
9.23 	(ii), an organization has the option to apply the amount of the
9.24 	board-approved expenditure to the erection or acquisition of a
9.25 	replacement building that is in compliance with the Americans
9.26 	with Disabilities Act;
9.27 	(4) an expenditure by an organization which is a
9.28 	contribution to a parent organization, foundation, or affiliate
9.29 	of the contributing organization, if the parent organization,
9.30 	foundation, or affiliate has provided to the contributing
9.31 	organization within one year of the contribution any money,
9.32 	grants, property, or other thing of value;
9.33 	(5) a contribution by a licensed organization to another
9.34 	licensed organization unless the board has specifically
9.35 	authorized the contribution.  The board must authorize such a
9.36 	contribution when requested to do so by the contributing
10.1 	organization unless it makes an affirmative finding that the
10.2 	contribution will not be used by the recipient organization for
10.3 	one or more of the purposes in paragraph (a); or
10.4 	(6) a contribution to a statutory or home rule charter
10.5 	city, county, or town by a licensed organization with the
10.6 	knowledge that the governmental unit intends to use the
10.7 	contribution for a pension or retirement fund.