HF 3273

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying monument designation authority;
modifying state park names; modifying state park permit requirements;
modifying requirements for youth operation of all-terrain vehicles; modifying
campfire provisions; modifying requirements for alternative recording for state
forest roads; modifying public water access site acquisition authority; eliminating
certain finance report requirements; making technical corrections; amending
Minnesota Statutes 2006, sections 84.9256, subdivision 1; 85.011; 85.012,
subdivisions 28, 49a; 85.013, subdivision 1; 85.054, subdivision 3, by adding a
subdivision; 88.15, subdivision 2; 89.715; 97A.055, subdivision 4b; 97A.141,
subdivision 1; repealing Minnesota Statutes 2006, sections 84.961, subdivision
4; 85.013, subdivision 21b; 97A.141, subdivision 2; Laws 1989, chapter 335,
article 1, section 21, subdivision 8, as amended.

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

Section 1.

Minnesota Statutes 2006, section 84.9256, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on
public road rights-of-way that is permitted under section 84.928, a driver's license issued
by the state or another state is required to operate an all-terrain vehicle along or on a
public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years
of age but less than 16 years may make a direct crossing of a public road right-of-way
of a trunk, county state-aid, or county highway or operate on public lands and waters new text begin or
state or grant-in-aid trails new text end , only if that person possesses a valid all-terrain vehicle safety
certificate issued by the commissioner and is accompanied on another all-terrain vehicle
by a person 18 years of age or older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than 16 years old, must:

(1) successfully complete the safety education and training program under section
84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

new text begin (h) A person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
control the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.
new text end

Sec. 2.

Minnesota Statutes 2006, section 85.011, is amended to read:

85.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF
STATE PARKS, deleted text begin MONUMENTS, deleted text end new text begin STATE new text end RECREATION deleted text begin RESERVES deleted text end new text begin AREAS, new text end
AND WAYSIDES.

The legislature of this state has provided for the creation and establishment of
state parks, designated deleted text begin monuments, deleted text end new text begin state new text end recreation deleted text begin reserves deleted text end new text begin areas, new text end and waysides for the
purpose of conserving the scenery, natural and historic objects and wildlife and to provide
for the enjoyment of the same in such manner and by such means as will leave them
unimpaired for the enjoyment of future generations.

The establishment of such state parks, designated deleted text begin monuments, deleted text end new text begin state new text end recreation
deleted text begin reserves deleted text end new text begin areas, new text end and waysides is hereby confirmed as provided in this section and sections
85.012 and 85.013 and they shall remain perpetually dedicated for the use of the people of
the state for park purposes.

The enumerated state parks, deleted text begin state monuments, deleted text end state recreation areas, and state
waysides shall consist of the lands and other property authorized therefor before January
1, 1969, together with such other lands and properties as may be authorized therefor on
or after January 1, 1969.

Sec. 3.

Minnesota Statutes 2006, section 85.012, subdivision 28, is amended to read:

Subd. 28.

Interstate new text begin State new text end Park, Chisago County, which is hereby renamed from
Dalles of Saint Croix State Park.

Sec. 4.

Minnesota Statutes 2006, section 85.012, subdivision 49a, is amended to read:

Subd. 49a.

deleted text begin St. Croix deleted text end Wild River State Park, Chisago County.

Sec. 5.

Minnesota Statutes 2006, section 85.013, subdivision 1, is amended to read:

Subdivision 1.

Names, acquisition; administration.

(a) Designated deleted text begin monuments, deleted text end
recreation reserves deleted text begin , deleted text end and waysides heretofore established and hereby confirmed as deleted text begin state
monuments, deleted text end state recreation areas and state waysides together with the counties in which
they are situated are listed in this section and shall hereafter be named as indicated
in this section.

(b) Any land that now is or hereafter becomes tax-forfeited land and is located
within the described boundaries of a state recreation area as defined by session laws is
hereby withdrawn from sale and is transferred from the custody, control, and supervision
of the county board of the county to the commissioner of natural resources, free from
any trust in favor of the interested taxing districts. The commissioner shall execute a
certificate of acceptance of the lands on behalf of the state for such purposes and transmit
the same to the county auditor of the county for record as provided by law in the case
of tax-forfeited land transferred to the commissioner by resolution of the county board
for conservation purposes.

Sec. 6.

Minnesota Statutes 2006, section 85.054, subdivision 3, is amended to read:

Subd. 3.

Interstate new text begin State new text end Park.

A Minnesota state park permit is not required at
Interstate new text begin State new text end Park if a valid, current, Wisconsin state park permit or sticker authorizing
entry of a motor vehicle into Wisconsin state parks is appropriately displayed on the
vehicle and the commissioner has entered into an agreement with appropriate officials
of the state of Wisconsin that authorizes motor vehicles displaying Minnesota state park
permits free entry into Interstate State Park of Wisconsin on a reciprocal basis.

Sec. 7.

Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Grand Portage State Park. new text end

new text begin A state park permit is not required and a fee
may not be charged for motor vehicle entry or parking at the Class 1 highway rest area
parking lot located adjacent to marked Trunk Highway 61 and Pigeon River at Grand
Portage State Park.
new text end

Sec. 8.

Minnesota Statutes 2006, section 88.15, subdivision 2, is amended to read:

Subd. 2.

Not to be left burning.

Every person who starts new text begin or maintains new text end a campfire
shall new text begin :
new text end

new text begin (1) new text end exercise every reasonable precaution to prevent the campfire from spreading
deleted text begin and shall deleted text end new text begin ;
new text end

new text begin (2) new text end before lighting the campfire new text begin , new text end clear the ground of all combustible material deleted text begin within
a radius of deleted text end five feet from the base of the campfire deleted text begin . The person lighting the campfire shall deleted text end new text begin ;
new text end

new text begin (3) new text end remain with the campfire at all times new text begin ; new text end and deleted text begin shall
deleted text end

new text begin (4) new text end before leaving the site new text begin , new text end completely extinguish the campfire.

Sec. 9.

Minnesota Statutes 2006, section 89.715, is amended to read:

89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.

Subdivision 1.

Authorization.

The commissioner may adopt a deleted text begin recorded deleted text end state forest
road map under this section to record the department's state forest road prescriptive
easements. For purposes of this section, " deleted text begin recorded deleted text end state forest road map" means the
official map of state forest roads new text begin adopted by the commissioner new text end .

Subd. 2.

Map requirements.

The deleted text begin recorded deleted text end state forest road map must:

(1) show state forest roads at the time the map is adopted;

(2) be prepared at a scale deleted text begin of at least four inches equals one mile deleted text end new text begin compliant with
county recorder standards new text end ;

(3) include section numbers;

(4) include a north point arrow;

(5) include the name of the county and state;

(6) include a blank and a description under the blank for the date of public hearing
and date of adoption;

(7) include blanks for signatures and dates of signatures for the commissioner; and

(8) include a list of legal descriptions of all parcels crossed by state forest road
prescriptive easements.

Subd. 3.

Procedure to adopt map.

(a) The commissioner must prepare an official
map for each county or smaller geographic area as determined by the commissioner as
provided in subdivision 2, and set a time, place, and date for a public hearing on adopting
a deleted text begin recorded deleted text end state forest road map to record roads.

(b) The hearing notice must state that the roads to be recorded will be to the width of
the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless
otherwise specified in a prior easement of record. The hearing notice must be published
once a week for two successive weeks in a qualified newspaper of general circulation that
serves the county or smaller geographic areas as determined by the commissioner, the last
publication to be made at least ten days before the date of the public hearing. At least 30
days before the hearing, the hearing notice must be sent by certified mail to the property
owners directly affected in the county or smaller geographic areas as determined by the
commissioner at the addresses listed on the tax assessment notices at least seven days
before appearing in the qualified newspaper. The hearing notice may be sent with the tax
assessment, but all additional costs incurred shall be billed to the department.

(c) After the public hearing is held, the commissioner may amend and adopt the
deleted text begin recorded deleted text end state forest road map. The deleted text begin recorded deleted text end new text begin adopted new text end state forest road map must be dated
and signed by the commissioner and must be deleted text begin recorded deleted text end new text begin filed for recording new text end with the county
recorder within 90 days after the map is adopted. new text begin The map is effective when filed with
the county recorder.
new text end

(d) The deleted text begin recorded deleted text end state forest road map that is recorded with the county recorder must
comply with the standards of the county recorder where the state forest roads are located.

(e) A deleted text begin recorded deleted text end state forest road map that was prepared by using aerial photographs
to establish road centerlines and that has been duly recorded with the county recorder is an
adequate description for purposes of recording road easements and the map is the legally
constituted description and prevails when a deed for a parcel abutting a road contains
no reference to a road easement. Nothing prevents the commissioner from accepting a
more definitive metes and bounds or survey description of a road easement for a road of
record if the description of the easement is referenced to equal distance on both sides
of the existing road centerline.

(f) The commissioner shall consult with representatives of county land
commissioners, county auditors, county recorders, and Torrens examiners in implementing
this subdivision.

Subd. 4.

Appeal.

(a) deleted text begin Before filing an appeal under paragraph (b), a person may
seek resolution of concerns regarding a decision to record a road under this section by
contacting the commissioner in writing.
deleted text end

deleted text begin (b) A person may appeal a decision to record or exclude recording a road under this
section to the district court within 120 days after the date the commissioner adopts the
state forest road map. deleted text end new text begin Appeals may be filed only by property owners who are directly
affected by a proposed map designation and only for those portions of the map designation
that directly affect them.
new text end

new text begin (b) A property owner may appeal the map designation to the commissioner within 60
days of the map being recorded by filing a written request for review. The commissioner
shall review the request and any supporting evidence and render a decision within 45
days of receipt of the request for review.
new text end

new text begin (c) If a property owner wishes to appeal a decision of the commissioner after review
under paragraph (b), the property owner must file an appeal with the district court within
60 days of the commissioner's decision.
new text end

new text begin (d) If any portion of a map appealed under paragraph (b) is modified or found to be
invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map
shall not be affected and its recording with the county recorder shall stand.
new text end

Subd. 5.

Unrecorded road or trail not affected.

This section does not affect or
diminish the legal status or state obligations of roads and trails not shown on the deleted text begin recorded deleted text end
state forest road map.

Subd. 6.

Exemption.

Adoption of a deleted text begin recorded deleted text end state forest road map under this
section is exempt from the rulemaking requirements of chapter 14 and section 14.386
does not apply.

Sec. 10.

Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight subcommittees.

(a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under subdivision 4;
review the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following subcommittees, each comprised
of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp funding;

(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp funding and
excluding review of the amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);

(4) an Ecological deleted text begin Services Operations deleted text end new text begin Resources new text end Subcommittee to review ecological
services funding;

(5) a subcommittee to review game and fish fund funding of enforcement deleted text begin , support
services, and Department of Natural Resources administration deleted text end new text begin and operations support new text end ;

(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;

(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; and

(9) a subcommittee to review the report on the turkey stamp and address funding
issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that transcend the
subcommittees; and submit a report for any subcommittee that fails to submit its report
in a timely manner.

(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house committees with jurisdiction over natural
resources finance.

(e) Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may not
be the chair of any of the subcommittees.

(f) The Budgetary Oversight Committee must make recommendations to the
commissioner and to the senate and house committees with jurisdiction over natural
resources finance for outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.

Sec. 11.

Minnesota Statutes 2006, section 97A.141, subdivision 1, is amended to read:

Subdivision 1.

Acquisition; generally.

The commissioner shall acquire access sites
adjacent to public waters and easements and rights-of-way necessary to connect the access
sites with public highways. The land may be acquired by gift, lease, or purchase, or by
condemnation with approval of the Executive Council. deleted text begin An access site may not exceed
seven acres and may only be acquired where access is inadequate.
deleted text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b;
and 97A.141, subdivision 2, new text end new text begin and new text end new text begin Laws 1989, chapter 335, article 1, section 21, subdivision
8, as amended by Laws 2002, chapter 323, section 19, new text end new text begin are repealed.
new text end