HF 731

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2013 04:43pm

A bill for an act
relating to natural resources; modifying commissioner's authority; providing
for exemption for water-related service provider training; extending Matthew
Lourey Trail; modifying certain fees; creating certain state park permit
exemption; providing for duplicate cross-country ski pass; providing for wildlife
rehabilitation permit exemption; requiring rulemaking; amending Minnesota
Statutes 2012, sections 84.027, by adding a subdivision; 84D.108, subdivision 2;
85.015, subdivision 13; 85.054, by adding a subdivision; 85.055, subdivision 1;
85.42; 97A.401, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 84.027, is amended by adding a
subdivision to read:

new text begin Subd. 19. new text end

new text begin Federal law compliance. new text end

new text begin Notwithstanding any law to the contrary,
the commissioner may establish, by written order, policies for the use and operation of
other power-driven mobility devices, as defined under Code of Federal Regulations, title
28, section 35.104, on lands and in facilities administered by the commissioner for the
purposes of implementing the Americans with Disabilities Act, United States Code, title
42, section 12101 et seq. These policies are exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
new text end

Sec. 2.

Minnesota Statutes 2012, section 84D.108, subdivision 2, is amended to read:

Subd. 2.

Permit requirements.

(a) Service providers must complete invasive
species training provided by the commissioner and pass an examination to qualify for a
permit. Service provider permits are valid for three calendar years.

(b) A $50 application and testing fee is required for service provider permit
applications.

(c) Persons working for a permittee must satisfactorily complete aquatic invasive
species-related training provided by the commissioner new text begin , except as provided under
paragraph (d) new text end .

new text begin (d) A person working for and supervised by a permittee is not required to complete
the training under paragraph (c) if the water-related equipment or other water-related
structures remain on the riparian property owned or controlled by the permittee and are
only removed from and placed into the same water of the state.
new text end

Sec. 3.

Minnesota Statutes 2012, section 85.015, subdivision 13, is amended to read:

Subd. 13.

Arrowhead Region Trails, Cook, Lake, St. Louis, Pine, Carlton,
Koochiching, and Itasca Counties.

(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;

(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
Marais in Cook County, thence northeasterly to the international boundary in the vicinity
of the north shore of Lake Superior, and there terminate;

(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminate;

(4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and
extend southerly to deleted text begin St. Croix deleted text end new text begin Chengwatana new text end State Forest in Pine County.

(b) The trails shall be developed primarily for riding and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.

Sec. 4.

Minnesota Statutes 2012, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin La Salle Lake State Recreation Area. new text end

new text begin A state park permit is not
required and a fee may not be charged for motor vehicle entry, use, or parking in La Salle
Lake State Recreation Area unless the occupants of the vehicle enter, use, or park in a
developed campground or day-use area.
new text end

Sec. 5.

Minnesota Statutes 2012, section 85.055, subdivision 1, is amended to read:

Subdivision 1.

Fees.

The fee for state park permits for:

(1) an annual use of state parks is $25;

(2) a second or subsequent vehicle state park permit is $18;

(3) a state park permit valid for one day is $5;

(4) a daily vehicle state park permit for groups is $3;

(5) an annual permit for motorcycles is $20;

(6) an employee's state park permit is without charge; and

(7) a state park permit for disabled persons under section 85.053, subdivision 7,
clauses (1) deleted text begin and (2) deleted text end new text begin to (3) new text end , is $12.

The fees specified in this subdivision include any sales tax required by state law.

Sec. 6.

Minnesota Statutes 2012, section 85.42, is amended to read:

85.42 USER FEE; VALIDITY.

(a) The fee for an annual cross-country ski pass is $19 for an individual age 16 and
over. The fee for a three-year pass is $54 for an individual age 16 and over. This fee
shall be collected at the time the pass is purchased. Three-year passes are valid for three
years beginning the previous July 1. Annual passes are valid for one year beginning
the previous July 1.

(b) The cost for a daily cross-country skier pass is $5 for an individual age 16 and
over. This fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.

(c) A pass must be signed by the skier across the front of the pass to be valid and
becomes nontransferable on signing.

new text begin (d) The commissioner and agents shall issue a duplicate pass to a person whose pass
is lost or destroyed, using the process established under section 97A.405, subdivision 3,
and rules adopted thereunder. The fee for a duplicate cross-country ski pass is $2.
new text end

Sec. 7.

Minnesota Statutes 2012, section 97A.401, subdivision 3, is amended to read:

Subd. 3.

Taking, possessing, and transporting wild animals for certain
purposes.

(a) Except as provided in paragraph (b), special permits may be issued without
a fee to take, possess, and transport wild animals as pets and for scientific, educational,
rehabilitative, wildlife disease prevention and control, and exhibition purposes. The
commissioner shall prescribe the conditions for taking, possessing, transporting, and
disposing of the wild animals.

(b) A special permit may not be issued to take or possess wild or native deer for
exhibition, propagation, or as pets.

new text begin (c) Notwithstanding rules adopted under this section relating to wildlife rehabilitation
permits, nonresident professional wildlife rehabilitators with a federal rehabilitation
permit may possess and transport wildlife affected by oil spills.
new text end

Sec. 8. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules to conform
with section 7, and Minnesota Statutes, section 14.386, does not apply except as provided
under Minnesota Statutes, section 14.388.
new text end

Sec. 9. new text begin RULEMAKING; DISPLAY OF PADDLE BOARD LICENSE NUMBERS.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts
6110.0200, 6110.0300, and 6110.0400, to exempt paddle boards from the requirement to
display license certificates and license numbers, in the same manner as other nonmotorized
watercraft such as canoes and kayaks.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end