HF 2920

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying certain 
  1.3             definitions; modifying timber sale, permit, and lease 
  1.4             provisions; modifying certain restrictions on fishing 
  1.5             and motorboat operations; creating a prairie chicken 
  1.6             hunting license; allowing fundraisers to serve game; 
  1.7             modifying trapper education provisions; modifying the 
  1.8             all season buck license; allowing the use of a 
  1.9             silencer under certain circumstances; modifying 
  1.10            requirements for taking turtles; eliminating certain 
  1.11            experimental trout stream restrictions; appropriating 
  1.12            money; amending Minnesota Statutes 2000, sections 
  1.13            17.47, subdivision 7; 90.151, subdivision 1; 90.162; 
  1.14            97A.475, subdivisions 2, 41; 97B.025; 97B.031, 
  1.15            subdivision 4; 97B.301, subdivision 7; 97B.601, 
  1.16            subdivision 4; 97C.025; 97C.605; 97C.611; 609.66, 
  1.17            subdivision 1a; Minnesota Statutes 2001 Supplement, 
  1.18            section 282.04, subdivision 1; proposing coding for 
  1.19            new law in Minnesota Statutes, chapters 97A; 97B; 
  1.20            repealing Minnesota Statutes 2000, sections 90.50; 
  1.21            97C.003; 97C.605, subdivision 4. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 2000, section 17.47, 
  1.24  subdivision 7, is amended to read: 
  1.25     Subd. 7.  [PRIVATE AQUATIC LIFE.] "Private aquatic life" 
  1.26  means fish, shellfish, mollusks, crustaceans, turtles, and any 
  1.27  other aquatic animals cultured within an aquatic farm.  Private 
  1.28  aquatic life is the property of the aquatic farmer. 
  1.29     Sec. 2.  Minnesota Statutes 2000, section 90.151, 
  1.30  subdivision 1, is amended to read: 
  1.31     Subdivision 1.  [ISSUANCE; EXPIRATION.] (a) Following 
  1.32  receipt of the down payment for state timber sold at public 
  1.33  auction, the commissioner shall issue a numbered permit to the 
  2.1   purchaser, in a form approved by the attorney general, by the 
  2.2   terms of which the purchaser shall be authorized to enter upon 
  2.3   the land, and to cut and remove the timber therein described, 
  2.4   according to the provisions of this chapter.  The permit shall 
  2.5   be correctly dated and executed by the commissioner or agent and 
  2.6   signed by the purchaser.  If a permit is not signed by the 
  2.7   purchaser within 60 days from the date of purchase, the permit 
  2.8   cancels and the down payment for timber forfeits to the state. 
  2.9      (b) The permit shall expire no later than five years after 
  2.10  the date of sale as the commissioner shall specify, and the 
  2.11  timber shall be cut within the time specified therein.  All cut 
  2.12  timber, equipment, and buildings not removed from the land 
  2.13  within 90 days after expiration of the permit shall become the 
  2.14  property of the state.  
  2.15     (c) The commissioner may grant an additional period of time 
  2.16  not to exceed 120 days for the removal of cut timber, equipment, 
  2.17  and buildings upon receipt of such request by the permit holder 
  2.18  for good and sufficient reasons.  The commissioner may grant a 
  2.19  second period of time not to exceed 120 days for the removal of 
  2.20  cut timber, equipment, and buildings upon receipt of a request 
  2.21  by the permit holder for hardship reasons only. 
  2.22     (d) No permit shall be issued to any person other than the 
  2.23  purchaser in whose name the bid was made.  
  2.24     Sec. 3.  Minnesota Statutes 2000, section 90.162, is 
  2.25  amended to read: 
  2.26     90.162 [ALTERNATIVE TO BOND OR DEPOSIT REQUIREMENTS.] 
  2.27     In lieu of the bond or cash deposit equal to the value of 
  2.28  all timber covered by the permit required by section 90.161 or 
  2.29  90.173, a purchaser of state timber may, at the time of the bid 
  2.30  approval and upon payment by the purchaser to the commissioner 
  2.31  of 15 percent of the appraised value under section 90.14, elect 
  2.32  in writing on a form prescribed by the attorney general 
  2.33  to prepay give good and valid surety to the state of Minnesota 
  2.34  equal to the purchase price for any designated cutting block 
  2.35  identified on the permit before the date the purchaser enters 
  2.36  upon the land to begin harvesting the timber on the designated 
  3.1   cutting block. 
  3.2      Sec. 4.  [97A.434] [PRAIRIE CHICKEN LICENSES.] 
  3.3      Subdivision 1.  [NUMBER OF LICENSES TO BE ISSUED.] If the 
  3.4   commissioner establishes an open season for prairie chickens 
  3.5   under section 97B.711, the commissioner shall also determine, by 
  3.6   rule, the number of licenses to be issued.  
  3.7      Subd. 2.  [ELIGIBILITY.] Eligibility for a prairie chicken 
  3.8   license shall be determined by this section and by rule adopted 
  3.9   by the commissioner.  A person is eligible for a prairie chicken 
  3.10  license only if the person: 
  3.11     (1) is a resident; and 
  3.12     (2) was born before January 1, 1980, or possesses a 
  3.13  firearms safety certificate. 
  3.14     Subd. 3.  [APPLICATION FOR LICENSE.] An application for a 
  3.15  prairie chicken license must be made in a manner provided by the 
  3.16  commissioner and accompanied by a $3 application fee.  The $3 
  3.17  application fee is appropriated as prescribed in Minnesota 
  3.18  Statutes, section 84.027, subdivision 15, paragraph (d), to pay 
  3.19  for costs associated with conducting the prairie chicken license 
  3.20  drawing.  A person may not make more than one application for 
  3.21  each season.  If a person makes more than one application, the 
  3.22  person is ineligible for a license for that season after 
  3.23  determination by the commissioner, without a hearing.  
  3.24     Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  3.25  The commissioner may conduct a separate selection for up to 20 
  3.26  percent of the prairie chicken licenses to be issued for any 
  3.27  area.  Only persons who are owners or tenants of at least 40 
  3.28  acres of prairie or grassland in the area, and their family 
  3.29  members, are eligible applicants for prairie chicken licenses 
  3.30  for the separate selection.  The qualifying prairie or grassland 
  3.31  may be noncontiguous.  Persons who are unsuccessful in a 
  3.32  separate selection must be included in the selection for the 
  3.33  remaining licenses.  Persons who obtain a license in a separate 
  3.34  selection must allow public prairie chicken hunting on their 
  3.35  land during that prairie chicken season. 
  3.36     (b) The commissioner may by rule establish criteria for 
  4.1   determining eligible family members under this subdivision. 
  4.2      Sec. 5.  Minnesota Statutes 2000, section 97A.475, 
  4.3   subdivision 2, is amended to read: 
  4.4      Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
  4.5   licenses, to be issued to residents only, are: 
  4.6      (1) for persons under age 65 to take small game, $12; 
  4.7      (2) for persons age 65 or over, $6; 
  4.8      (3) to take turkey, $18; 
  4.9      (4) to take deer with firearms, $25; 
  4.10     (5) to take deer by archery, $25; 
  4.11     (6) to take moose, for a party of not more than six 
  4.12  persons, $310; 
  4.13     (7) to take bear, $38; 
  4.14     (8) to take elk, for a party of not more than two persons, 
  4.15  $250; 
  4.16     (9) to take antlered deer in more than one zone, $50; 
  4.17     (10) to take Canada geese during a special season, $4; and 
  4.18     (11) to take an antlered buck two deer throughout the state 
  4.19  in any open deer season, except as restricted under section 
  4.20  97B.305, $66; and 
  4.21     (12) to take prairie chickens, $20. 
  4.22     Sec. 6.  Minnesota Statutes 2000, section 97A.475, 
  4.23  subdivision 41, is amended to read: 
  4.24     Subd. 41.  [TURTLE SELLERS LICENSES.] (a) The fee for a 
  4.25  turtle seller's license to sell turtles and to take, transport, 
  4.26  purchase buy, and possess turtles for sale is $70.  
  4.27     (b) The fee for a recreational turtle license to take, 
  4.28  transport, and possess turtles for personal use is $25. 
  4.29     (c) The fee for a turtle seller's apprentice license is $25.
  4.30     Sec. 7.  [97A.510] [GAME FOR CONSUMPTION AT FUNDRAISING 
  4.31  EVENTS.] 
  4.32     (a) Nonprofit organizations may charge a fee for admission 
  4.33  to fundraising events when lawfully taken and possessed game, 
  4.34  excluding migratory game birds, donated to the organization is 
  4.35  served for consumption on the premises where the fundraising 
  4.36  event is held. 
  5.1      (b) Game donated to the nonprofit organization must be 
  5.2   marked as provided in section 97A.505, subdivision 4.  Game 
  5.3   donated to a nonprofit organization and stored by the 
  5.4   organization is considered to be in the possession of the person 
  5.5   making the donation and is subject to inspection as provided in 
  5.6   section 97A.215, subdivision 1.  As provided in section 97A.505, 
  5.7   subdivision 5, a license is not required for the nonprofit 
  5.8   organization to possess or transport the donated game. 
  5.9      (c) The nonprofit organization must keep records of the 
  5.10  game donated to the organization and the records must be 
  5.11  available for inspection for two years from the date of the 
  5.12  fundraising event.  The records must show: 
  5.13     (1) the names and addresses of persons donating the game; 
  5.14     (2) the license number or possession permit number under 
  5.15  which the game was lawfully taken or possessed; and 
  5.16     (3) the date, location, and purpose of the fundraising 
  5.17  event that utilized the donation. 
  5.18     Sec. 8.  Minnesota Statutes 2000, section 97B.025, is 
  5.19  amended to read: 
  5.20     97B.025 [HUNTER AND TRAPPER EDUCATION.] 
  5.21     (a) The commissioner may establish education courses for 
  5.22  hunters and trappers.  The commissioner shall collect a fee from 
  5.23  each person attending a course.  The commissioner shall 
  5.24  establish a fee that neither significantly over recovers nor 
  5.25  under recovers costs, including overhead costs, involved in 
  5.26  providing the services.  The fee is not subject to the 
  5.27  rulemaking provisions of chapter 14 and section 14.386 does not 
  5.28  apply.  The fees shall be deposited in the game and fish fund 
  5.29  and the amount thereof is appropriated annually to the 
  5.30  enforcement division of the department of natural resources for 
  5.31  the administration of the program.  In addition to the fee 
  5.32  established by the commissioner, instructors may charge each 
  5.33  person up to the established fee amount for class materials and 
  5.34  expenses.  School districts may cooperate with the commissioner 
  5.35  and volunteer instructors to provide space for the classroom 
  5.36  portion of the training. 
  6.1      (b) The commissioner shall enter into an agreement with a 
  6.2   statewide nonprofit trappers association to conduct a trapper 
  6.3   education program.  At a minimum, the program must include at 
  6.4   least six hours of classroom and in the field training.  The 
  6.5   program must include a review of state trapping laws and 
  6.6   regulations, trapping ethics, the setting and tending of traps 
  6.7   and snares, tagging and registration requirements, and the 
  6.8   preparation of pelts.  The association shall be responsible for 
  6.9   all costs of conducting the education program, and shall not 
  6.10  charge any fee for attending the course. 
  6.11     Sec. 9.  Minnesota Statutes 2000, section 97B.031, 
  6.12  subdivision 4, is amended to read: 
  6.13     Subd. 4.  [SILENCERS PROHIBITED.] A person may not own or 
  6.14  possess a silencer for a firearm or a firearm equipped to have a 
  6.15  silencer attached.  This subdivision does not apply to the 
  6.16  possession and use of a silencer by a person who: 
  6.17     (1) is hired by a local government solely to shoot deer 
  6.18  according to an approved deer management control plan; and 
  6.19     (2) has a valid federal permit to possess and use a 
  6.20  silencer. 
  6.21     Sec. 10.  Minnesota Statutes 2000, section 97B.301, 
  6.22  subdivision 7, is amended to read: 
  6.23     Subd. 7.  [ALL SEASON BUCK DEER LICENSE.] A resident may 
  6.24  obtain an all season buck deer license to take one buck by 
  6.25  firearm or archery and one doe by firearm or archery during any 
  6.26  season statewide.  A person obtaining an all season buck deer 
  6.27  license does not qualify for hunting under subdivision 3 or 
  6.28  4.  The commissioner shall issue one tag for a buck and one tag 
  6.29  for a doe when issuing a license under this subdivision. 
  6.30     Sec. 11.  Minnesota Statutes 2000, section 97B.601, 
  6.31  subdivision 4, is amended to read: 
  6.32     Subd. 4.  [EXCEPTION TO LICENSE REQUIREMENTS.] (a) A 
  6.33  resident under age 16 may take small game without a small game 
  6.34  license, and a resident under age 13 may trap without a trapping 
  6.35  license, as provided in section 97A.451, subdivision 3. 
  6.36     (b) A person may take small game without a small game 
  7.1   license on land occupied by the person as a principal residence. 
  7.2      (c) An owner or occupant may take certain small game 
  7.3   causing damage without a small game or trapping license as 
  7.4   provided in section 97B.655.  
  7.5      (d) A person may use dogs to pursue and tree raccoons under 
  7.6   section 97B.621, subdivision 2, during the closed season without 
  7.7   a license.  
  7.8      (e) A person may take a turkey or a prairie chicken without 
  7.9   a small game license.  
  7.10     Sec. 12.  [97B.716] [PRAIRIE CHICKENS.] 
  7.11     Subdivision 1.  [LICENSE REQUIRED.] A person may not take a 
  7.12  prairie chicken without a prairie chicken license. 
  7.13     Subd. 2.  [TAGGING AND REGISTRATION.] The commissioner may 
  7.14  by rule prescribe requirements for the tagging and registration 
  7.15  of prairie chickens. 
  7.16     Subd. 3.  [LIMITED NUMBER OF PRAIRIE CHICKEN HUNTERS.] The 
  7.17  commissioner may establish a method, including a drawing, to 
  7.18  impartially select persons eligible to take prairie chickens in 
  7.19  an area.  Preference must be given to persons who have 
  7.20  previously applied in the general selection but have not been 
  7.21  selected. 
  7.22     Sec. 13.  Minnesota Statutes 2000, section 97C.025, is 
  7.23  amended to read: 
  7.24     97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 
  7.25  AREAS.] 
  7.26     (a) The commissioner may prohibit fishing or restrict the 
  7.27  taking of fish or the operation of motorboats by posting waters 
  7.28  that: 
  7.29     (1) are designated as spawning beds or fish preserves; or 
  7.30     (2) are being used by the commissioner for fisheries 
  7.31  research or management activities; or 
  7.32     (3) are licensed by the commissioner as a private fish 
  7.33  hatchery or aquatic farm under section 97C.211, subdivision 1, 
  7.34  or 17.4984, subdivision 1. 
  7.35  An area may be posted under this paragraph if necessary to 
  7.36  prevent excessive depletion of fish or interference with 
  8.1   fisheries research or management activities or private fish 
  8.2   hatchery or aquatic farm operations.  The commissioner will 
  8.3   consider the following criteria in determining if waters 
  8.4   licensed under a private fish hatchery or aquatic farm should be 
  8.5   posted under this paragraph: 
  8.6      (i) the waters contain game fish brood stock that are vital 
  8.7   to the private fish hatchery or aquatic farm operation; 
  8.8      (ii) game fish are present in the licensed waters only as a 
  8.9   result of aquaculture activities by the licensee; and 
  8.10     (iii) no public access to the waters existed when the 
  8.11  waters were first licensed. 
  8.12  A private fish hatchery or aquatic farm licensee may not take 
  8.13  fish or authorize others to take fish in licensed waters that 
  8.14  are posted under this paragraph, except as provided in section 
  8.15  17.4983, subdivision 3, and except that if waters are posted to 
  8.16  allow the taking of fish under special restrictions, licensees 
  8.17  and others who can legally access the waters may take fish under 
  8.18  those special restrictions. 
  8.19     (b) Except as provided in paragraph paragraphs (a) and (c), 
  8.20  a person may not take fish or operate a motorboat if prohibited 
  8.21  by posting under paragraph (a). 
  8.22     (c) An owner of riparian land adjacent to an area posted 
  8.23  under paragraph (a) may operate a motorboat through the area by 
  8.24  the shortest direct route at a speed of not more than five miles 
  8.25  per hour. 
  8.26     Sec. 14.  Minnesota Statutes 2000, section 97C.605, is 
  8.27  amended to read: 
  8.28     97C.605 [TURTLES.] 
  8.29     Subdivision 1.  [RESIDENT ANGLING LICENSE REQUIRED.] In 
  8.30  addition to any other license required in this section, a person 
  8.31  may not take, possess, or transport turtles without an a 
  8.32  resident angling license, except as provided in subdivision 2 2c.
  8.33     Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
  8.34  take, possess, buy, or transport, or purchase turtles for sale; 
  8.35  sell turtles; or take turtles for sale using commercial 
  8.36  equipment without a turtle seller's license, except as provided 
  9.1   in this subdivision 2c. 
  9.2      (b) Except for renewals, no new turtle seller's licenses 
  9.3   may be issued after June 1, 2002. 
  9.4      Subd. 2a.  [RECREATIONAL TURTLE LICENSE.] A person who does 
  9.5   not possess a turtle seller's license must obtain a recreational 
  9.6   turtle license to take turtles for personal use with commercial 
  9.7   equipment. 
  9.8      Subd. 2b.  [TURTLE SELLER'S APPRENTICE LICENSE.] (a) A 
  9.9   person with a turtle seller's license may list one person as an 
  9.10  apprentice on the license.  A person acting as an apprentice for 
  9.11  a turtle seller licensee must have an apprentice license and may 
  9.12  assist the turtle licensee in all licensed activities. 
  9.13     (b) The turtle seller licensee or turtle seller's 
  9.14  apprentice licensee must be present at all turtle operations 
  9.15  conducted under the turtle seller's license.  Turtle operations 
  9.16  include going to and from turtle harvest locations; setting, 
  9.17  lifting, and removing commercial turtle equipment; taking 
  9.18  turtles out of equipment; and transporting turtles from harvest 
  9.19  locations. 
  9.20     (c) A turtle seller's apprentice license is transferable by 
  9.21  the turtle seller licensee by making application to the 
  9.22  commissioner.  A person listed as an apprentice by a turtle 
  9.23  seller licensee must not be listed as an apprentice by another 
  9.24  turtle seller licensee nor may an apprentice possess a turtle 
  9.25  seller's license or a recreational turtle license. 
  9.26     Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need a 
  9.27  turtle seller's license or an angling license: 
  9.28     (1) when buying turtles for resale at a retail outlet; 
  9.29     (2) when buying a turtle at a retail outlet; or 
  9.30     (3) if the person is a nonresident buying a turtle from a 
  9.31  licensed turtle seller for export out of state.  Shipping 
  9.32  documents provided by the turtle seller must accompany each 
  9.33  shipment exported out of state by a nonresident.  Shipping 
  9.34  documents must include:  name, address, city, state, and zip 
  9.35  code of the buyer; number of each species of turtle; and name 
  9.36  and license number of the turtle seller.  
 10.1      Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
 10.2   allowed in paragraph (b), A person may take turtles in any 
 10.3   manner, except by the use of: 
 10.4      (1) explosives, drugs, poisons, lime, and other harmful 
 10.5   substances; 
 10.6      (2) traps, except as provided by rules adopted under 
 10.7   subdivision 6; or 
 10.8      (3) nets other than anglers' fish landing nets. 
 10.9      (b) A person with a turtle seller's license may take 
 10.10  turtles with a floating turtle trap that: 
 10.11     (1) has one or more openings above the water surface that 
 10.12  measure at least ten inches by four inches; and 
 10.13     (2) has a mesh size of not less than one-half inch, bar 
 10.14  measure. 
 10.15  The commissioner may prescribe additional regulations for taking 
 10.16  turtles for sale; or 
 10.17     (4) commercial equipment, except as provided by rules 
 10.18  adopted under subdivision 6.  
 10.19     Subd. 4.  [ARTIFICIAL LIGHTS.] The commissioner may issue 
 10.20  permits to take turtles with the use of artificial lights in 
 10.21  designated waters.  
 10.22     Subd. 5.  [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 
 10.23  TURTLE OPERATIONS.] A person may not: 
 10.24     (1) knowingly place or maintain an obstruction that will 
 10.25  hinder, prevent, or interfere with a licensed turtle operation; 
 10.26     (2) remove turtles, other wild animals, or fish from a 
 10.27  floating or submerged trap licensed under the game and fish 
 10.28  laws; or 
 10.29     (3) knowingly damage, disturb, or interfere with a licensed 
 10.30  turtle operation. 
 10.31     Subd. 6.  [RULES.] The commissioner may adopt rules for 
 10.32  taking turtles.  The commissioner may prescribe seasons, limits, 
 10.33  closed areas, and other restrictions and requirements the 
 10.34  commissioner deems necessary for the conservation of turtles. 
 10.35     Sec. 15.  Minnesota Statutes 2000, section 97C.611, is 
 10.36  amended to read: 
 11.1      97C.611 [SNAPPING TURTLES; LIMITS.] 
 11.2      A person may not possess more than three snapping turtles 
 11.3   of the species Chelydra serpentina without a turtle seller's 
 11.4   license.  A person may not take snapping turtles of a size less 
 11.5   than ten inches wide including curvature, measured from side to 
 11.6   side across the shell at midpoint only take snapping turtles of 
 11.7   a size defined by rules adopted under section 97C.605, 
 11.8   subdivision 6. 
 11.9      Sec. 16.  Minnesota Statutes 2001 Supplement, section 
 11.10  282.04, subdivision 1, is amended to read: 
 11.11     Subdivision 1.  [TIMBER SALES; LAND LEASES AND USES.] (a) 
 11.12  The county auditor may sell timber upon any tract that may be 
 11.13  approved by the natural resources commissioner.  Such sale of 
 11.14  timber shall be made for cash at not less than the appraised 
 11.15  value determined by the county board to the highest bidder after 
 11.16  not less than one week's published notice in an official paper 
 11.17  within the county.  Any timber offered at such public sale and 
 11.18  not sold may thereafter be sold at private sale by the county 
 11.19  auditor at not less than the appraised value thereof, until such 
 11.20  time as the county board may withdraw such timber from sale.  
 11.21  The appraised value of the timber and the forestry practices to 
 11.22  be followed in the cutting of said timber shall be approved by 
 11.23  the commissioner of natural resources.  
 11.24     (b) Payment of the full sale price of all timber sold on 
 11.25  tax-forfeited lands shall be made in cash at the time of the 
 11.26  timber sale, except in the case of oral or sealed bid auction 
 11.27  sales, the down payment shall be no less than 15 percent of the 
 11.28  appraised value, and the balance shall be paid prior to entry.  
 11.29  In the case of auction sales that are partitioned and sold as a 
 11.30  single sale with predetermined cutting blocks, the down payment 
 11.31  shall be no less than 15 percent of the appraised price of the 
 11.32  entire timber sale which may be held until the satisfactory 
 11.33  completion of the sale or applied in whole or in part to the 
 11.34  final cutting block.  The value of each separate block must be 
 11.35  paid in full before any cutting may begin in that block.  With 
 11.36  the permission of the county administrator the purchaser may 
 12.1   enter unpaid blocks and cut necessary timber incidental to 
 12.2   developing logging roads as may be needed to log other blocks 
 12.3   provided that no timber may be removed from an unpaid block 
 12.4   until separately scaled and paid for.  
 12.5      (c) The county board may require final settlement on the 
 12.6   basis of a scale of cut products.  Any parcels of land from 
 12.7   which timber is to be sold by scale of cut products shall be so 
 12.8   designated in the published notice of sale above mentioned, in 
 12.9   which case the notice shall contain a description of such 
 12.10  parcels, a statement of the estimated quantity of each species 
 12.11  of timber thereon and the appraised price of each specie of 
 12.12  timber for 1,000 feet, per cord or per piece, as the case may 
 12.13  be.  In such cases any bids offered over and above the appraised 
 12.14  prices shall be by percentage, the percent bid to be added to 
 12.15  the appraised price of each of the different species of timber 
 12.16  advertised on the land.  The purchaser of timber from such 
 12.17  parcels shall pay in cash at the time of sale at the rate bid 
 12.18  for all of the timber shown in the notice of sale as estimated 
 12.19  to be standing on the land, and in addition shall pay at the 
 12.20  same rate for any additional amounts which the final scale shows 
 12.21  to have been cut or was available for cutting on the land at the 
 12.22  time of sale under the terms of such sale.  Where the final 
 12.23  scale of cut products shows that less timber was cut or was 
 12.24  available for cutting under terms of such sale than was 
 12.25  originally paid for, the excess payment shall be refunded from 
 12.26  the forfeited tax sale fund upon the claim of the purchaser, to 
 12.27  be audited and allowed by the county board as in case of other 
 12.28  claims against the county.  No timber, except hardwood pulpwood, 
 12.29  may be removed from such parcels of land or other designated 
 12.30  landings until scaled by a person or persons designated by the 
 12.31  county board and approved by the commissioner of natural 
 12.32  resources.  Landings other than the parcel of land from which 
 12.33  timber is cut may be designated for scaling by the county board 
 12.34  by written agreement with the purchaser of the timber.  The 
 12.35  county board may, by written agreement with the purchaser and 
 12.36  with a consumer designated by the purchaser when the timber is 
 13.1   sold by the county auditor, and with the approval of the 
 13.2   commissioner of natural resources, accept the consumer's scale 
 13.3   of cut products delivered at the consumer's landing.  No timber 
 13.4   shall be removed until fully paid for in cash.  Small amounts of 
 13.5   timber not exceeding $3,000 in appraised valuation may be sold 
 13.6   for not less than the full appraised value at private sale to 
 13.7   individual persons without first publishing notice of sale or 
 13.8   calling for bids, provided that in case of such sale involving a 
 13.9   total appraised value of more than $200 the sale shall be made 
 13.10  subject to final settlement on the basis of a scale of cut 
 13.11  products in the manner above provided and not more than two such 
 13.12  sales, directly or indirectly to any individual shall be in 
 13.13  effect at one time. 
 13.14     (d) As directed by the county board, the county auditor may 
 13.15  lease tax-forfeited land to individuals, corporations or 
 13.16  organized subdivisions of the state at public or private vendue, 
 13.17  and at such prices and under such terms as the county board may 
 13.18  prescribe, for use as cottage and camp sites and for 
 13.19  agricultural purposes and for the purpose of taking and removing 
 13.20  of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt 
 13.21  therefrom, and for garden sites and other temporary uses 
 13.22  provided that no leases shall be for a period to exceed ten 
 13.23  years; provided, further that any leases involving a 
 13.24  consideration of more than $12,000 per year, except to an 
 13.25  organized subdivision of the state shall first be offered at 
 13.26  public sale in the manner provided herein for sale of timber.  
 13.27  Upon the sale of any such leased land, it shall remain subject 
 13.28  to the lease for not to exceed one year from the beginning of 
 13.29  the term of the lease.  Any rent paid by the lessee for the 
 13.30  portion of the term cut off by such cancellation shall be 
 13.31  refunded from the forfeited tax sale fund upon the claim of the 
 13.32  lessee, to be audited and allowed by the county board as in case 
 13.33  of other claims against the county. 
 13.34     (e) As directed by the county board, the county auditor may 
 13.35  lease tax-forfeited land to individuals, corporations, or 
 13.36  organized subdivisions of the state at public or private vendue, 
 14.1   at such prices and under such terms as the county board may 
 14.2   prescribe, for the purpose of taking and removing for use for 
 14.3   road construction and other purposes tax-forfeited stockpiled 
 14.4   iron-bearing material.  The county auditor must determine that 
 14.5   the material is needed and suitable for use in the construction 
 14.6   or maintenance of a road, tailings basin, settling basin, dike, 
 14.7   dam, bank fill, or other works on public or private property, 
 14.8   and that the use would be in the best interests of the public.  
 14.9   No lease shall exceed ten years.  The use of a stockpile for 
 14.10  these purposes must first be approved by the commissioner of 
 14.11  natural resources.  The request shall be deemed approved unless 
 14.12  the requesting county is notified to the contrary by the 
 14.13  commissioner of natural resources within six months after 
 14.14  receipt of a request for approval for use of a stockpile.  Once 
 14.15  use of a stockpile has been approved, the county may continue to 
 14.16  lease it for these purposes until approval is withdrawn by the 
 14.17  commissioner of natural resources. 
 14.18     (f) The county auditor, with the approval of the county 
 14.19  board is authorized to grant permits, licenses, and leases to 
 14.20  tax-forfeited lands for the depositing of stripping, lean ores, 
 14.21  tailings, or waste products from mines or ore milling plants, 
 14.22  upon such conditions and for such consideration and for such 
 14.23  period of time, not exceeding 15 years, as the county board may 
 14.24  determine; said permits, licenses, or leases to be subject to 
 14.25  approval by the commissioner of natural resources. 
 14.26     (g) Any person who removes any timber from tax-forfeited 
 14.27  land before said timber has been scaled and fully paid for as 
 14.28  provided in this subdivision is guilty of a misdemeanor. 
 14.29     (h) The county auditor may, with the approval of the county 
 14.30  board, and without first offering at public sale, grant leases, 
 14.31  for a term not exceeding 25 years, for the removal of peat from 
 14.32  tax-forfeited lands upon such terms and conditions as the county 
 14.33  board may prescribe.  Any lease for the removal of peat from 
 14.34  tax-forfeited lands must first be reviewed and approved by the 
 14.35  commissioner of natural resources if the lease covers 320 or 
 14.36  more acres.  No lease for the removal of peat shall be made by 
 15.1   the county auditor pursuant to this section without first 
 15.2   holding a public hearing on the auditor's intention to lease.  
 15.3   One printed notice in a legal newspaper in the county at least 
 15.4   ten days before the hearing, and posted notice in the courthouse 
 15.5   at least 20 days before the hearing shall be given of the 
 15.6   hearing. 
 15.7      (i) Notwithstanding any provision of paragraph (c) to the 
 15.8   contrary, the St. Louis county auditor may, at the discretion of 
 15.9   the county board, sell timber to the party who bids the highest 
 15.10  price for all the several kinds of timber, as provided for sales 
 15.11  by the commissioner of natural resources under section 90.14.  
 15.12  Bids offered over and above the appraised price need not be 
 15.13  applied proportionately to the appraised price of each of the 
 15.14  different species of timber. 
 15.15     Sec. 17.  Minnesota Statutes 2000, section 609.66, 
 15.16  subdivision 1a, is amended to read: 
 15.17     Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
 15.18  DISCHARGE.] (a) Whoever does any of the following is guilty of a 
 15.19  felony and may be sentenced as provided in paragraph (b): 
 15.20     (1) sells or has in possession any device designed to 
 15.21  silence or muffle the discharge of a firearm, except as 
 15.22  authorized under section 97B.031, subdivision 4; 
 15.23     (2) intentionally discharges a firearm under circumstances 
 15.24  that endanger the safety of another; or 
 15.25     (3) recklessly discharges a firearm within a municipality. 
 15.26     (b) A person convicted under paragraph (a) may be sentenced 
 15.27  as follows: 
 15.28     (1) if the act was a violation of paragraph (a), clause 
 15.29  (2), or if the act was a violation of paragraph (a), clause (1) 
 15.30  or (3), and was committed in a public housing zone, as defined 
 15.31  in section 152.01, subdivision 19, a school zone, as defined in 
 15.32  section 152.01, subdivision 14a, or a park zone, as defined in 
 15.33  section 152.01, subdivision 12a, to imprisonment for not more 
 15.34  than five years or to payment of a fine of not more than 
 15.35  $10,000, or both; or 
 15.36     (2) otherwise, to imprisonment for not more than two years 
 16.1   or to payment of a fine of not more than $5,000, or both. 
 16.2      Sec. 18.  [REPEALER.] 
 16.3      Minnesota Statutes 2000, sections 90.50; 97C.003; and 
 16.4   97C.605, subdivision 4, are repealed. 
 16.5      Sec. 19.  [EFFECTIVE DATE.] 
 16.6      Sections 4, 5, 11, and 12 are effective March 1, 2003.