1.1.................... moves to amend H.F. No. 2733, the delete everything amendment
1.2(H2733DE1), as follows:
1.3Page 10, after line 27, insert:
1.4 "Sec. 18. Minnesota Statutes 2013 Supplement, section 84D.105, subdivision 2,
1.5is amended to read:
1.6 Subd. 2.
Inspector authority. (a) The commissioner shall train and authorize
1.7individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
1.8species, and water. The commissioner may enter into a delegation agreement with a tribal
1.9or local government where inspection authority as provided under paragraphs (b), (g), and
1.10(h) is delegated to tribal and local governments
that assume all. The delegation agreements
1.11may provide for the assumption of legal, financial, and administrative responsibilities for
1.12inspection programs on some or all public waters within their jurisdiction.
1.13(b) Inspectors may visually and tactilely inspect watercraft and water-related
1.14equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
1.15is present. If a person transporting watercraft or water-related equipment refuses to
1.16take required corrective actions or fails to comply with an order under section
84D.10,
1.17subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
1.18to a conservation officer or other licensed peace officer.
1.19(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
1.20may inspect any watercraft or water-related equipment that is stopped at a water access
1.21site, any other public location in the state, or a private location where the watercraft or
1.22water-related equipment is in plain view, if the officer determines there is reason to believe
1.23that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
1.24water-related equipment.
1.25(d) Conservation officers or other licensed peace officers may utilize check stations
1.26in locations, or in proximity to locations, where watercraft or other water-related
2.1equipment is placed into or removed from waters of the state. Any check stations shall be
2.2operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
2.3(e) Conservation officers or other licensed peace officers may order water-related
2.4equipment to be removed from a water body if the commissioner determines such action is
2.5needed to implement aquatic invasive species control measures.
2.6(f) The commissioner may require mandatory inspections of water-related equipment
2.7before a person places or removes water-related equipment into or out of a water body.
2.8Inspection stations may be located at or near public water accesses or in locations that
2.9allow for servicing individual or multiple water bodies. The commissioner shall ensure
2.10that inspection stations:
2.11(1) have adequate staffing to minimize delays to vehicles and their occupants;
2.12(2) allow for reasonable travel times between public accesses and inspection stations
2.13if inspection is required before placing water-related equipment into a water body;
2.14(3) are located so as not to create traffic delays or public safety issues;
2.15(4) have decontamination equipment available to bring water-related equipment
2.16into compliance; and
2.17(5) do not reduce the capacity or hours of operation of public water accesses.
2.18(g) The commissioner may authorize tribal and local governments that enter into
2.19a delegation agreement with the commissioner to conduct mandatory inspections of
2.20water-related equipment at specified locations within a defined area before a person
2.21places or removes water-related equipment into or out of a water body. Tribal and local
2.22governments that are authorized to conduct inspections under this paragraph must:
2.23(1)
to the extent called for in the delegation agreement assume
all legal, financial,
2.24and administrative responsibilities for implementing the mandatory inspections, alone or
2.25in agreement with other tribal or local governments;
2.26(2) employ inspectors that have been trained and authorized by the commissioner;
2.27(3) conduct inspections and decontamination measures in accordance with guidelines
2.28approved by the commissioner;
2.29(4) have decontamination equipment available at inspection stations or identify
2.30alternative decontamination equipment locations within a reasonable distance of the
2.31inspection station that can bring water-related equipment into compliance;
2.32(5) provide for inspection station locations that do not create traffic delays or public
2.33safety issues; and
2.34(6) submit a plan approved by the commissioner according to paragraph (h).
2.35(h) Plans required under paragraph (g) must address:
3.1(1) no reduction in capacity or hours of operation of public accesses and fees that
3.2do not discourage or limit use;
3.3(2) reasonable travel times between public accesses and inspection stations;
3.4(3) adequate staffing to minimize wait times and provide adequate hours of operation
3.5at inspection stations and public accesses;
3.6(4) adequate enforcement capacity;
3.7(5) measures to address inspections of water-related equipment at public water
3.8accesses for commercial entities and private riparian land owners; and
3.9(6) other elements as required by the commissioner to ensure statewide consistency,
3.10appropriate inspection and decontamination protocols, and protection of the state's
3.11resources, public safety, and access to public waters.
3.12(i) A government unit authorized to conduct inspections under this subdivision must
3.13submit an annual report to the commissioner summarizing the results and issues related
3.14to implementing the inspection program.
3.15(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
3.16programs where authorized inspectors are placed directly at one or more water access
3.17sites, with no requirement for a person to travel from the water access for inspection
3.18or decontamination, and no local ordinance or other regulation requiring a mandatory
3.19inspection before placing watercraft or water-related equipment into a water body or after
3.20watercraft or water-related equipment are removed from a water body."
3.21Renumber the sections in sequence and correct the internal references
3.22Amend the title accordingly