1.1 	A bill for an act
1.2 	relating to natural resources; modifying wild rice season; modifying certain 
1.3 	definitions; modifying state park permit requirements; modifying authority to 
1.4 	establish secondary units; eliminating liquor service at John A. Latsch State 
1.5 	Park; providing for establishment of boater waysides; modifying watercraft 
1.6 	operation requirements; providing for appeals and enforcement of certain civil 
1.7 	penalties; providing for taking wild animals to protect public safety; modifying 
1.8 	Board of Water and Soil Resources membership; modifying local water 
1.9 	program; modifying Reinvest in Minnesota Resources Law; modifying certain 
1.10 	easement authority; providing for notice of changes to public waters inventory; 
1.11 	modifying critical habitat plate eligibility; modifying cost-share program; 
1.12 	modifying conditions for temporary drawdown of public waters; providing 
1.13 	certain exemptions from local ordinances; approving the consumptive use of 
1.14 	water for certain uses; authorizing expedited rulemaking; requiring rulemaking; 
1.15 	providing for seizure and forfeiture of certain off-highway vehicles; modifying 
1.16 	operating restrictions for all-terrain vehicles; providing criminal penalties;
1.17 	amending Minnesota Statutes 2008, sections 84.027, subdivision 13; 84.105; 
1.18 	84.66, subdivision 2; 84.928, subdivision 1a; 85.053, subdivision 3; 85.054, by 
1.19 	adding subdivisions; 86A.05, by adding a subdivision; 86A.08, subdivision 1; 
1.20 	86A.09, subdivision 1; 86B.311, by adding a subdivision; 97A.137, by adding a 
1.21 	subdivision; 97A.321; 103B.101, subdivisions 1, 2; 103B.3369, subdivision 5; 
1.22 	103C.501, subdivisions 2, 4, 5, 6; 103F.505; 103F.511, subdivisions 5, 8a, by 
1.23 	adding a subdivision; 103F.515, subdivisions 1, 2, 4, 5, 6; 103F.521, subdivision 
1.24 	1; 103F.525; 103F.526; 103F.531; 103F.535, subdivision 5; 103G.201; 168.1296, 
1.25 	subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 84; 
1.26 	97B; 103G; repealing Minnesota Statutes 2008, sections 84.02; 84.796; 84.805; 
1.27 	84.929; 85.0505, subdivision 2; 103F.511, subdivision 4; 103F.521, subdivision 
1.28 	2; Minnesota Rules, parts 8400.3000; 8400.3030; 8400.3060; 8400.3110; 
1.29 	8400.3130; 8400.3160; 8400.3200; 8400.3210; 8400.3230; 8400.3260; 
1.30 	8400.3300; 8400.3330; 8400.3360; 8400.3390; 8400.3400; 8400.3460; 
1.31 	8400.3500; 8400.3530; 8400.3560; 8400.3600; 8400.3610; 8400.3630; 
1.32 	8400.3700; 8400.3730; 8400.3800; 8400.3830; 8400.3870; 8400.3930.
1.33 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.34 	Section 1. Minnesota Statutes 2008, section 84.027, subdivision 13, is amended to read:
2.1 		Subd. 13.Game and fish rules. (a) The commissioner of natural resources may 
2.2 	adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized 
2.3 	under:
2.4 	(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and 
2.5 	areas, to select hunters for areas, to provide for tagging and registration of game and fish, to 
2.6 	prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife 
2.7 	disease, to open or close bodies of water or portions of bodies of water for night bow 
2.8 	fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.9 	(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng 
2.10 	roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.11 	(3) section 84D.12 to designate prohibited invasive species, regulated invasive 
2.12 	species, unregulated nonnative species, and infested waters.
2.13 	(b) If conditions exist that do not allow the commissioner to comply with sections 
2.14 	97A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision 
2.15 	by submitting the rule to the attorney general for review under section 97A.0455, 
2.16 	publishing a notice in the State Register and filing the rule with the secretary of state and 
2.17 	the Legislative Coordinating Commission, and complying with section 97A.0459, and 
2.18 	including a statement of the emergency conditions and a copy of the rule in the notice. The 
2.19 	emergency conditions for opening a water body or portion of a water body for night bow 
2.20 	fishing under this section may include the need to temporarily open the area to evaluate 
2.21 	compatibility of the activity on that body of water prior to permanent rulemaking. The 
2.22 	notice may be published after it is received from the attorney general or five business days 
2.23 	after it is submitted to the attorney general, whichever is earlier.
2.24 	(c) Rules adopted under paragraph (b) are effective upon publishing in the State 
2.25 	Register and may be effective up to seven days before publishing and filing under 
2.26 	paragraph (b), if:
2.27 	(1) the commissioner of natural resources determines that an emergency exists;
2.28 	(2) the attorney general approves the rule; and
2.29 	(3) for a rule that affects more than three counties the commissioner publishes the 
2.30 	rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a 
2.31 	rule that affects three or fewer counties the commissioner publishes the rule once in a legal 
2.32 	newspaper in each of the affected counties.
2.33 	(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause 
2.34 	(3), may not be effective earlier than seven days after publication.
3.1 	(e) A rule published under paragraph (c), clause (3), may be effective the day the 
3.2 	rule is published if the commissioner gives notice and holds a public hearing on the rule 
3.3 	within 15 days before publication.
3.4 	(f) The commissioner shall attempt to notify persons or groups of persons affected 
3.5 	by rules adopted under paragraphs (b) and (c) by public announcements, posting, and 
3.6 	other appropriate means as determined by the commissioner.
3.7 	(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is 
3.8 	effective for the period stated in the notice but not longer than 18 months after the rule is 
3.9 	adopted.

3.10 	Sec. 2. Minnesota Statutes 2008, section 84.105, is amended to read:
3.11 	84.105 WILD RICE SEASON.
3.12 	Ripe wild rice may be harvested from July August 15 to September 30.

3.13 	Sec. 3. Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:
3.14 		Subd. 2.Definitions. For the purpose of this section, the following terms have 
3.15 	the meanings given:
3.16 	(1) "forest land" has the meaning given under section 89.001, subdivision 4;
3.17 	(2) "forest resources" has the meaning given under section 89.001, subdivision 8;
3.18 	(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
3.19 	(4) "riparian land" has the meaning given under section 103F.511, subdivision 8a
3.20 	8b; and 
3.21 	(5) "working forest land" means land that provides a broad range of goods and 
3.22 	services, including forest products, recreation, fish and wildlife habitat, clean air and 
3.23 	water, and carbon sequestration.

3.24 	Sec. 4. [84.774] OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.
3.25 	(a) Except as provided in paragraph (b), a person who violates a provision of 
3.26 	sections 84.773; 84.777; 84.788 to 84.795; 84.798 to 84.804; 84.90; or 84.922 to 84.928 or 
3.27 	rules of the commissioner relating to off-highway vehicle use is guilty of a misdemeanor.
3.28 	(b) A person is guilty of a gross misdemeanor if the person violates section 84.773, 
3.29 	subdivision 2, clause (2), and the person recklessly upsets the natural and ecological 
3.30 	balance of a wetland or public waters wetland.
3.31 	(c) A person is prohibited from operating an off-highway vehicle for a period of 
3.32 	one year if the person is:
3.33 	(1) convicted of a gross misdemeanor under paragraph (b);
4.1 	(2) convicted of or subject to a final order under section 84.775 for a violation on 
4.2 	the prohibition on the intentional operation on unfrozen public water, in a state park, in 
4.3 	a scientific and natural area, or in a wildlife management area under section 84.773, 
4.4 	subdivision 1, clause (3);
4.5 	(3) convicted of or is subject to a final order under section 84.775 for a violation on 
4.6 	the prohibition on the willful, wanton, or reckless disregard for the safety of persons or 
4.7 	property under section 84.773, subdivision 2, clause (1); or
4.8 	(4) convicted of or subject to a final order under section 84.775 for a violation on 
4.9 	the prohibition on carelessly upsetting the natural and ecological balance of a wetland or 
4.10 	public waters wetland under section 84.773, subdivision 2, clause (2).
4.11 	The commissioner shall notify the person of the time period during which the person 
4.12 	is prohibited from operating an off-highway vehicle.

4.13 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
4.14 	committed on or after that date.

4.15 	Sec. 5. [84.7741] OFF-HIGHWAY VEHICLE FORFEITURE.
4.16 		Subdivision 1.Definitions. (a) As used in this section, the following terms have 
4.17 	the meanings given them.
4.18 	(b) "Appropriate agency" means a law enforcement agency that has the authority 
4.19 	to make an arrest for a violation of a designated offense.
4.20 	(c) "Claimant" means an owner of an off-highway vehicle or a person claiming a 
4.21 	leasehold or security interest in an off-highway vehicle.
4.22 	(d) "Designated offense" means a second gross misdemeanor violation under section 
4.23 	84.774, paragraph (b).
4.24 	(e) "Family or household member" means:
4.25 	(1) a parent, stepparent, or guardian;
4.26 	(2) any of the following persons related by blood, marriage, or adoption: brother, 
4.27 	sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, 
4.28 	great-grandparent, great-uncle, or great-aunt; or
4.29 	(3) persons residing together or persons who regularly associate and communicate 
4.30 	with one another outside of a workplace setting.
4.31 	(f) "Off-highway vehicle" and "vehicle" do not include an off-highway vehicle that 
4.32 	is stolen or taken in violation of the law.
4.33 	(g) "Owner" means a person legally entitled to possession, use, and control of an 
4.34 	off-highway vehicle, including a lessee of an off-highway vehicle if the lease agreement 
4.35 	has a term of 180 days or more. There is a rebuttable presumption that a person registered 
5.1 	as the owner of an off-highway vehicle according to the records of the Department of 
5.2 	Public Safety or the Department of Natural Resources is the legal owner. For purposes 
5.3 	of this section, if an off-highway vehicle is owned jointly by two or more people, each 
5.4 	owner's interest extends to the whole of the vehicle and is not subject to apportionment.
5.5 	(h) "Prosecuting authority" means the attorney in the jurisdiction in which the 
5.6 	designated offense occurred, or a designee, who is responsible for prosecuting violations of 
5.7 	a designated offense. If a state agency initiated the forfeiture and the attorney responsible 
5.8 	for prosecuting the designated offense declines to pursue forfeiture, the attorney general's 
5.9 	office, or its designee, may initiate forfeiture under this section.
5.10 	(i) "Security interest" means a bona fide security interest perfected according to 
5.11 	section 168A.17, subdivision 2, based on a loan or other financing that, if an off-highway 
5.12 	vehicle is required to be registered under chapter 168, is listed on the vehicle's title.
5.13 		Subd. 2.Seizure. (a) An off-highway vehicle subject to forfeiture under this 
5.14 	section may be seized by the appropriate agency upon process issued by any court having 
5.15 	jurisdiction over the vehicle.
5.16 	(b) Property may be seized without process if:
5.17 	(1) the seizure is incident to a lawful arrest or a lawful search;
5.18 	(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of 
5.19 	the state in a criminal injunction or forfeiture proceeding under this section; or
5.20 	(3) the appropriate agency has probable cause to believe that the delay occasioned by 
5.21 	the necessity to obtain process would result in the removal or destruction of the vehicle. 
5.22 	If property is seized without process under this clause, the prosecuting authority must 
5.23 	institute a forfeiture action under this section as soon as is reasonably possible by serving 
5.24 	a notice of seizure and intent to forfeit at the address of the owner as listed in the records 
5.25 	of the Department of Public Safety or Department of Natural Resources.
5.26 		Subd. 3.Right to possession vests immediately; custody. All right, title, and 
5.27 	interest in an off-highway vehicle subject to forfeiture under this section vests in the 
5.28 	appropriate agency upon commission of the conduct resulting in the designated offense 
5.29 	giving rise to the forfeiture. Any vehicle seized under this section is not subject to 
5.30 	replevin, but is deemed to be in the custody of the appropriate agency subject to the orders 
5.31 	and decrees of the court having jurisdiction over the forfeiture proceedings. When an 
5.32 	off-highway vehicle is seized under this section, the appropriate agency may:
5.33 	(1) place the vehicle under seal;
5.34 	(2) remove the vehicle to a place designated by the agency;
5.35 	(3) place a disabling device on the vehicle; and
5.36 	(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.
6.1 		Subd. 4.Bond by owner for possession. If the owner of an off-highway vehicle 
6.2 	that has been seized under this section seeks possession of the vehicle before the forfeiture 
6.3 	action is determined, the owner may, subject to the approval of the appropriate agency, 
6.4 	give security or post bond payable to the appropriate agency in an amount equal to the 
6.5 	retail value of the seized vehicle. On posting the security or bond, the seized vehicle may 
6.6 	be returned to the owner. The forfeiture action must proceed against the security as if it 
6.7 	were the seized vehicle.
6.8 		Subd. 5.Evidence. Certified copies of court records and off-highway vehicle and 
6.9 	driver's records concerning prior incidents are admissible as substantive evidence where 
6.10 	necessary to prove the commission of a designated offense.
6.11 		Subd. 6.Vehicle subject to forfeiture. An off-highway vehicle is subject to 
6.12 	forfeiture under this section if it was used in the commission of a designated offense.
6.13 		Subd. 7.Presumptions; limitations on vehicle forfeiture. (a) An off-highway 
6.14 	vehicle is presumed subject to forfeiture under this section if the driver:
6.15 	(1) is convicted of the designated offense upon which the forfeiture is based; or
6.16 	(2) fails to appear for a scheduled court appearance with respect to the designated 
6.17 	offense charged and fails to voluntarily surrender within 48 hours after the time required 
6.18 	for appearance.
6.19 	(b) An off-highway vehicle encumbered by a security interest perfected according 
6.20 	to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or 
6.21 	more, is subject to the interest of the secured party or lessor unless the party or lessor had 
6.22 	knowledge of or consented to the act upon which the forfeiture is based. However, when 
6.23 	the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan 
6.24 	balance, the appropriate agency shall remit all proceeds of the sale to the secured party 
6.25 	after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the 
6.26 	vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner 
6.27 	consistent with section 336.9-610, the agency is not liable to the secured party for any 
6.28 	amount owed on the loan in excess of the sale proceeds. The validity and amount of a 
6.29 	nonperfected security interest must be established by its holder by clear and convincing 
6.30 	evidence.
6.31 	(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in an 
6.32 	off-highway vehicle is not subject to forfeiture based solely on the secured party's or 
6.33 	lessor's knowledge of the act or omission upon which the forfeiture is based if the secured 
6.34 	party or lessor demonstrates by clear and convincing evidence that the party or lessor took 
6.35 	reasonable steps to terminate use of the vehicle by the offender.
7.1 	(d) An off-highway vehicle is not subject to forfeiture under this section if its owner 
7.2 	can demonstrate by clear and convincing evidence that the owner did not have actual 
7.3 	or constructive knowledge that the vehicle would be used or operated in any manner 
7.4 	contrary to law or that the owner took reasonable steps to prevent use of the vehicle by 
7.5 	the offender. If the offender is a family or household member of the owner and has three 
7.6 	or more prior off-highway vehicle convictions, the owner is presumed to know of any 
7.7 	vehicle use by the offender that is contrary to law.
7.8 		Subd. 8.Administrative forfeiture procedure. (a) An off-highway vehicle used to 
7.9 	commit a designated offense is subject to administrative forfeiture under this subdivision.
7.10 	(b) When an off-highway vehicle is seized under subdivision 2, or within a 
7.11 	reasonable time after seizure, the appropriate agency shall serve the driver or operator 
7.12 	of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, 
7.13 	when an off-highway vehicle is seized under subdivision 2, or within a reasonable time 
7.14 	after that, all persons known to have an ownership, possessory, or security interest in the 
7.15 	vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those 
7.16 	vehicles required to be registered under chapter 168, the notification to a person known to 
7.17 	have a security interest in the vehicle is required only if the vehicle is registered under 
7.18 	chapter 168 and the interest is listed on the vehicle's title. Notice mailed by certified mail 
7.19 	to the address shown in Department of Public Safety records is sufficient notice to the 
7.20 	registered owner of the vehicle. For off-highway vehicles not required to be registered 
7.21 	under chapter 168, notice mailed by certified mail to the address shown in the applicable 
7.22 	filing or registration for the vehicle is sufficient notice to a person known to have an 
7.23 	ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given 
7.24 	in the manner provided by law for service of a summons in a civil action.
7.25 	(c) The notice must be in writing and contain:
7.26 	(1) a description of the vehicle seized;
7.27 	(2) the date of the seizure; and
7.28 	(3) notice of the right to obtain judicial review of the forfeiture and of the procedure 
7.29 	for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially, 
7.30 	the following language must appear conspicuously: "IF YOU DO NOT DEMAND 
7.31 	JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, 
7.32 	SECTION 84.7741, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL 
7.33 	DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU 
7.34 	MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO 
7.35 	PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE 
7.36 	TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY 
8.1 	FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY 
8.2 	THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS 
8.3 	THAN $500."
8.4 	(d) Within 30 days following service of a notice of seizure and forfeiture under this 
8.5 	subdivision, a claimant may file a demand for a judicial determination of the forfeiture. 
8.6 	The demand must be in the form of a civil complaint and must be filed with the court 
8.7 	administrator in the county in which the seizure occurred, together with proof of service of 
8.8 	a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture 
8.9 	and the standard filing fee for civil actions unless the petitioner has the right to sue in 
8.10 	forma pauperis under section 563.01. If the value of the seized property is $7,500 or less, 
8.11 	the claimant may file an action in conciliation court for recovery of the seized vehicle. A 
8.12 	copy of the conciliation court statement of claim must be served personally or by mail on 
8.13 	the prosecuting authority having jurisdiction over the forfeiture within 30 days following 
8.14 	service of the notice of seizure and forfeiture under this subdivision. If the value of the 
8.15 	seized property is less than $500, the claimant does not have to pay the conciliation court 
8.16 	filing fee. No responsive pleading is required of the prosecuting authority and no court 
8.17 	fees may be charged for the prosecuting authority's appearance in the matter. Pleadings, 
8.18 	filings, and methods of service are governed by the Rules of Civil Procedure.
8.19 	(e) The complaint must be captioned in the name of the claimant as plaintiff and 
8.20 	the seized vehicle as defendant and must state with specificity the grounds on which the 
8.21 	claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle 
8.22 	seized, and any affirmative defenses the claimant may have. Notwithstanding any law to 
8.23 	the contrary, an action for the return of an off-highway vehicle seized under this section 
8.24 	may not be maintained by or on behalf of any person who has been served with a notice of 
8.25 	seizure and forfeiture unless the person has complied with this subdivision.
8.26 	(f) If the claimant makes a timely demand for a judicial determination under this 
8.27 	subdivision, the forfeiture proceedings must be conducted according to subdivision 9.
8.28 		Subd. 9.Judicial forfeiture procedure. (a) This subdivision governs judicial 
8.29 	determinations of the forfeiture of an off-highway vehicle used to commit a designated 
8.30 	offense. An action for forfeiture is a civil in rem action and is independent of any criminal 
8.31 	prosecution. All proceedings are governed by the Rules of Civil Procedure.
8.32 	(b) If no demand for judicial determination of the forfeiture is pending, the 
8.33 	prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a 
8.34 	separate complaint against the vehicle, describing it, specifying that it was used in the 
8.35 	commission of a designated offense, and specifying the time and place of its unlawful use.
9.1 	(c) The prosecuting authority may file an answer to a properly served demand 
9.2 	for judicial determination, including an affirmative counterclaim for forfeiture. The 
9.3 	prosecuting authority is not required to file an answer.
9.4 	(d) A judicial determination under this subdivision must not precede adjudication in 
9.5 	the criminal prosecution of the designated offense without the consent of the prosecuting 
9.6 	authority. The district court administrator shall schedule the hearing as soon as practicable 
9.7 	after adjudication in the criminal prosecution. The district court administrator shall 
9.8 	establish procedures to ensure efficient compliance with this subdivision. The hearing is 
9.9 	to the court without a jury.
9.10 	(e) There is a presumption that an off-highway vehicle seized under this section is 
9.11 	subject to forfeiture if the prosecuting authority establishes that the vehicle was used in 
9.12 	the commission of a designated offense. A claimant bears the burden of proving any 
9.13 	affirmative defense raised.
9.14 	(f) If the forfeiture is based on the commission of a designated offense and the person 
9.15 	charged with the designated offense appears in court as required and is not convicted of 
9.16 	the offense, the court shall order the property returned to the person legally entitled to it 
9.17 	upon that person's compliance with the redemption requirements of subdivision 12.
9.18 	(g) If the lawful ownership of the vehicle used in the commission of a designated 
9.19 	offense can be determined and the owner makes the demonstration required under 
9.20 	subdivision 7, paragraph (d), the vehicle must be returned immediately upon the owner's 
9.21 	compliance with the redemption requirements of subdivision 12.
9.22 	(h) If the court orders the return of a seized vehicle under this subdivision, it must 
9.23 	order that filing fees be reimbursed to the person who filed the demand for judicial 
9.24 	determination. In addition, the court may order sanctions under section 549.211. Any 
9.25 	reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law 
9.26 	enforcement agency and prosecuting authority involved and in the same proportion as 
9.27 	distributed under subdivision 10, paragraph (b).
9.28 		Subd. 10.Disposition of forfeited vehicle. (a) If the vehicle is administratively 
9.29 	forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is 
9.30 	subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
9.31 	(1) sell the vehicle and distribute the proceeds under paragraph (b); or
9.32 	(2) keep the vehicle for official use. If the agency keeps a forfeited off-highway 
9.33 	vehicle for official use, the agency shall make reasonable efforts to ensure that the 
9.34 	off-highway vehicle is available for use by the agency's officers who participate in 
9.35 	off-highway vehicle enforcement or education programs.
10.1 	(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, 
10.2 	towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the 
10.3 	property, must be distributed as follows:
10.4 	(1) 70 percent of the proceeds must be forwarded to the appropriate agency for 
10.5 	deposit as a supplement to the state or local agency's operating fund or similar fund for use 
10.6 	in purchasing equipment for off-highway vehicle enforcement, training, and education; and
10.7 	(2) 30 percent of the money or proceeds must be forwarded to the prosecuting 
10.8 	authority that handled the forfeiture for deposit as a supplement to its operating fund or 
10.9 	similar fund for prosecutorial purposes.
10.10 		Subd. 11.Sale of forfeited vehicle by secured party. (a) A financial institution 
10.11 	with a valid security interest in or a valid lease covering a forfeited off-highway vehicle 
10.12 	may choose to dispose of the vehicle under this subdivision, in lieu of the appropriate 
10.13 	agency disposing of the vehicle under subdivision 10. A financial institution wishing to 
10.14 	dispose of an off-highway vehicle under this subdivision shall notify the appropriate 
10.15 	agency of its intent, in writing, within 30 days after receiving notice of the seizure and 
10.16 	forfeiture. The appropriate agency shall release the vehicle to the financial institution or 
10.17 	its agent after the financial institution presents proof of its valid security agreement or of 
10.18 	its lease agreement and the financial institution agrees not to sell the vehicle to a family or 
10.19 	household member of the violator, unless the violator is not convicted of the offense on 
10.20 	which the forfeiture is based. The financial institution shall dispose of the vehicle in a 
10.21 	commercially reasonable manner as defined in section 336.9-610.
10.22 	(b) After disposing of the forfeited vehicle, the financial institution shall reimburse 
10.23 	the appropriate agency for its seizure, storage, and forfeiture costs. The financial 
10.24 	institution may then apply the proceeds of the sale to its storage costs, to its sale 
10.25 	expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the 
10.26 	financial institution shall forward the proceeds to the state treasury, which shall credit the 
10.27 	appropriate fund as specified in subdivision 10.
10.28 		Subd. 12.Redemption requirements. (a) If an off-highway vehicle is seized by a 
10.29 	peace officer for a designated offense, the seized vehicle must be released only:
10.30 	(1) to the registered owner, a person authorized by the registered owner, a lienholder 
10.31 	of record, or a person who has purchased the vehicle from the registered owner who 
10.32 	provides proof of ownership of the vehicle;
10.33 	(2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee who 
10.34 	provides a copy of the rental or lease agreement; or
10.35 	(3) to an agent of a towing company authorized by a registered owner if the owner 
10.36 	provides proof of ownership of the vehicle.
11.1 	(b) The proof of ownership or, if applicable, the copy of the rental or lease agreement 
11.2 	required under paragraph (a) must be provided to the law enforcement agency seizing the 
11.3 	vehicle or to a person or entity designated by the law enforcement agency to receive 
11.4 	the information.
11.5 	(c) No law enforcement agency, local unit of government, or state agency is 
11.6 	responsible or financially liable for any storage fees incurred due to a seizure under this 
11.7 	section.

11.8 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
11.9 	committed on or after that date.

11.10 	Sec. 6. Minnesota Statutes 2008, section 84.928, subdivision 1a, is amended to read:
11.11 		Subd. 1a.Crossing a public road right-of-way. (a) An all-terrain vehicle may 
11.12 	make a direct crossing of a public road right-of-way provided:
11.13 	(1) the crossing is made at an angle of approximately 90 degrees to the direction of 
11.14 	the road and at a place where no obstruction prevents a quick and safe crossing;
11.15 	(2) the vehicle is brought to a complete stop before crossing the shoulder or 
11.16 	main-traveled way of the road;
11.17 	(3) the driver yields the right-of-way to all oncoming traffic that constitutes an 
11.18 	immediate hazard;
11.19 	(4) in crossing a divided road, the crossing is made only at an intersection of the 
11.20 	road with another public road; and
11.21 	(5) if the crossing is made between the hours of one-half hour after sunset to 
11.22 	one-half hour before sunrise or in conditions of reduced visibility, only if both front and 
11.23 	rear lights are on.
11.24 	(b) An all-terrain vehicle may be operated upon a bridge, other than a bridge that is 
11.25 	part of the main-traveled lanes of an interstate highway, or roadway shoulder or inside 
11.26 	bank of a public road right-of-way when required for the purpose of avoiding obstructions 
11.27 	to travel or environmentally sensitive areas when no other method of avoidance is 
11.28 	possible; provided the all-terrain vehicle is operated in the extreme right-hand lane, the 
11.29 	entrance to the roadway is made within 100 feet of the bridge or, obstacle, or sensitive 
11.30 	area, and the crossing is made without undue delay.
11.31 	(c) A person shall not operate an all-terrain vehicle upon a public street or highway 
11.32 	unless the vehicle is equipped with at least one headlight and one taillight, each of 
11.33 	minimum candlepower as prescribed by rules of the commissioner, and with brakes 
11.34 	conforming to standards prescribed by rule of the commissioner, and all of which are 
11.35 	subject to the approval of the commissioner of public safety.
12.1 	(d) An all-terrain vehicle may be operated upon a public road right-of-way other 
12.2 	than as provided by paragraph (b) in an emergency during the period of time when and at 
12.3 	locations where the condition of the roadway renders travel by automobile impractical.
12.4 	(e) Chapters 169 and 169A apply to the operation of all-terrain vehicles upon streets 
12.5 	and highways, except for those provisions relating to required equipment and except those 
12.6 	provisions which by their nature have no application.
12.7 	(f) A sled, trailer, or other device being towed by an all-terrain vehicle must be 
12.8 	equipped with reflective materials as required by rule of the commissioner.
12.9 	(g) A driver's license is not required to operate an all-terrain vehicle along or on a 
12.10 	public road right-of-way if the right-of-way encompasses a trail administered by the 
12.11 	commissioner and designated for all-terrain vehicle use or multiple use.
12.12 	(h) A road authority as defined in section 160.02, subdivision 25, may by permit 
12.13 	designate corridor access trails on public road rights-of-way for purposes of accessing 
12.14 	established all-terrain vehicle trails. A driver's license is not required to operate an 
12.15 	all-terrain vehicle on a designated corridor access trail.

12.16 	Sec. 7. Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read:
12.17 		Subd. 3.Second vehicleMultiple-vehicle permits. The commissioner shall 
12.18 	prescribe and issue second vehiclemultiple-vehicle state park permits for persons who 
12.19 	own more than one motor vehicle and who request a second the permit for the second 
12.20 	vehicle additional vehicles on a form prescribed by the commissioner. The commissioner 
12.21 	may issue an applicant only one second vehicle permit.

12.22 	Sec. 8. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 
12.23 	to read:
12.24 		Subd. 15.John A. Latsch State Park. A state park permit is not required and a fee 
12.25 	may not be charged for motor vehicle entry or parking at the parking lot located adjacent 
12.26 	to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park.

12.27 	Sec. 9. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 
12.28 	to read:
12.29 		Subd. 16.Greenleaf Lake State Recreation Area. A state park permit is not 
12.30 	required and a fee may not be charged for motor vehicle entry or parking at Greenleaf 
12.31 	Lake State Recreation Area.

13.1 	Sec. 10. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 
13.2 	to read:
13.3 		Subd. 17.School-sanctioned activities. A state park permit is not required and a 
13.4 	fee may not be charged for vehicles transporting K-12 students engaged in school district 
13.5 	sanctioned activities at state parks.

13.6 	Sec. 11. Minnesota Statutes 2008, section 86A.05, is amended by adding a subdivision 
13.7 	to read:
13.8 		Subd. 15.State boater wayside. (a) Boater waysides may be established to provide 
13.9 	for public use.
13.10 	(b) No unit shall be authorized as a state boater wayside unless its proposed location 
13.11 	substantially satisfies the following criteria:
13.12 	(1) contains resources that are desirable for use by boaters;
13.13 	(2) is accessible by persons traveling by boat, canoe, or kayak; and
13.14 	(3) may be near, associated with, or located within a unit of the outdoor recreation 
13.15 	system under this section.
13.16 	(c) State boater waysides shall be administered by the commissioner of natural 
13.17 	resources in a manner that is consistent with the purpose of this subdivision. Facilities 
13.18 	for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be 
13.19 	provided when the commissioner determines that these activities are justifiable and 
13.20 	compatible with the resources and the natural environment.

13.21 	Sec. 12. Minnesota Statutes 2008, section 86A.08, subdivision 1, is amended to read:
13.22 		Subdivision 1.Secondary authorization; when permitted. A unit of the outdoor 
13.23 	recreation system may be authorized wholly or partially within the boundaries of another 
13.24 	unit only when the authorization is consistent with the purposes and objectives of the 
13.25 	respective units and only in the instances permitted below:
13.26 	(a) The following units may be authorized wholly or partially within a state park: 
13.27 	historic site, scientific and natural area, wilderness area, wild, scenic, and recreational 
13.28 	river, trail, rest area, aquatic management area, and water access site.
13.29 	(b) The following units may be authorized wholly or partially within a state 
13.30 	recreation area: historic site, scientific and natural area, wild, scenic, and recreational river, 
13.31 	trail, rest area, aquatic management area, wildlife management area, and water access site.
13.32 	(c) The following units may be authorized wholly or partially within a state forest: 
13.33 	state park, state recreation area, historic site, wildlife management area, scientific and 
14.1 	natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic 
14.2 	management area, and water access site.
14.3 	(d) The following units may be authorized wholly or partially within a state historic 
14.4 	site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and 
14.5 	water access site.
14.6 	(e) The following units may be authorized wholly or partially within a state wildlife 
14.7 	management area: state water access site and aquatic management area.
14.8 	(f) The following units may be authorized wholly or partially within a state wild, 
14.9 	scenic, or recreational river: state park, historic site, scientific and natural area, wilderness 
14.10 	area, trail, rest area, aquatic management area, and water access site.
14.11 	(g) The following units may be authorized wholly or partially within a state rest 
14.12 	area: historic site, trail, wild, scenic, and recreational river, aquatic management area, 
14.13 	and water access site.
14.14 	(h) The following units may be authorized wholly or partially within an aquatic 
14.15 	management area: historic site, scientific and natural area, wild, scenic, and recreational 
14.16 	river, and water access site.

14.17 	Sec. 13. Minnesota Statutes 2008, section 86A.09, subdivision 1, is amended to read:
14.18 		Subdivision 1.Master plan required. No construction of new facilities or other 
14.19 	development of an authorized unit, other than repairs and maintenance, shall commence 
14.20 	until the managing agency has prepared and submitted to the commissioner of natural 
14.21 	resources and the commissioner has reviewed, pursuant to this section, a master plan for 
14.22 	administration of the unit in conformity with this section. No master plan is required for 
14.23 	wildlife management areas that do not have resident managers, for water access sites, for 
14.24 	aquatic management areas, or for rest areas, or for boater waysides.

14.25 	Sec. 14. Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision 
14.26 	to read:
14.27 		Subd. 6.Law enforcement watercraft displaying emergency lights. When 
14.28 	approaching and passing a law enforcement watercraft with its emergency lights 
14.29 	activated, the operator of a watercraft must safely move the watercraft away from the law 
14.30 	enforcement watercraft and maintain a slow-no wake speed while within 150 feet of 
14.31 	the law enforcement watercraft.

14.32 	Sec. 15. Minnesota Statutes 2008, section 97A.137, is amended by adding a 
14.33 	subdivision to read:
15.1 		Subd. 4.Exemption from certain local ordinances. (a) Wildlife management 
15.2 	areas that are established according to section 86A.05, subdivision 8; designated under 
15.3 	section 97A.133 or 97A.145; and 160 contiguous acres or larger are exempt from local 
15.4 	ordinances that limit the use and management of the unit as authorized by state law.
15.5 	(b) Wildlife management areas that are established according to section 86A.05, 
15.6 	subdivision 8; designated under section 97A.133 or 97A.145; and at least 40 contiguous 
15.7 	acres and less than 160 contiguous acres are exempt from local ordinances that:
15.8 	(1) restrict trapping;
15.9 	(2) restrict the discharge of archery equipment;
15.10 	(3) restrict the discharge of shotguns with shot sizes of number four buckshot or 
15.11 	smaller diameter shot;
15.12 	(4) restrict noise;
15.13 	(5) require dogs on a leash; or
15.14 	(6) would in any manner restrict the management of the unit as authorized by 
15.15 	state law.

15.16 	Sec. 16. Minnesota Statutes 2008, section 97A.321, is amended to read:
15.17 	97A.321 DOGS PURSUING OR KILLING BIG GAME.
15.18 		Subdivision 1.Owner responsibility; penalty amount. The owner of a dog that 
15.19 	pursues but does not kill a big game animal is subject to a civil penalty of $100 for each 
15.20 	violation. The owner of a dog that kills a big game animal is subject to a civil penalty of 
15.21 	$500 for each violation.
15.22 		Subd. 2.Appeals. Civil penalties under this section may be appealed according to 
15.23 	procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying 
15.24 	the commissioner in writing within 15 days after receipt of the citation. If a hearing 
15.25 	is not requested within the 15-day period, the civil penalty becomes a final order not 
15.26 	subject to further review.
15.27 		Subd. 3.Enforcement. Civil penalties under this section may be enforced according 
15.28 	to section 116.072, subdivisions 9 and 10.
15.29 		Subd. 4.Payment of penalty. Penalty amounts shall be remitted to the 
15.30 	commissioner within 30 days of issuance of the penalty notice and shall be deposited in 
15.31 	the game and fish fund.

15.32 	Sec. 17. [97B.657] TAKING WILD ANIMALS TO PROTECT PUBLIC SAFETY.
15.33 	A licensed peace officer may, at any time, take a protected wild animal that is posing 
15.34 	an immediate threat to public safety. A peace officer who destroys a protected wild animal 
16.1 	under this section must report the taking to a conservation officer as soon as practicable, 
16.2 	but no later than 48 hours after the animal is destroyed.

16.3 	Sec. 18. Minnesota Statutes 2008, section 103B.101, subdivision 1, is amended to read:
16.4 		Subdivision 1.Membership. The Board of Water and Soil Resources is composed 
16.5 	of 12 15 appointed members knowledgeable of water and soil problems and conditions 
16.6 	within the state and five ex officio members.

16.7 	Sec. 19. Minnesota Statutes 2008, section 103B.101, subdivision 2, is amended to read:
16.8 		Subd. 2.Voting members. (a) The members are:
16.9 	(1) three county commissioners;
16.10 	(2) three soil and water conservation district supervisors;
16.11 	(3) three watershed district or watershed management organization representatives;
16.12 	(4) three citizens who are not employed by, or the appointed or elected officials of, 
16.13 	a governmental office, board, or agency;
16.14 	(5) one township officer;
16.15 	(6) two elected city officials, one of whom must be from a city located in the 
16.16 	metropolitan area, as defined under section 473.121, subdivision 2;
16.17 	(5) (7) the commissioner of agriculture;
16.18 	(6) (8) the commissioner of health;
16.19 	(7) (9) the commissioner of natural resources;
16.20 	(8) (10) the commissioner of the Pollution Control Agency; and
16.21 	(9) (11) the director of the University of Minnesota Extension Service.
16.22 	(b) Members in paragraph (a), clauses (1) to (4) (6), must be distributed across 
16.23 	the state with at least three four members but not more than five six members from the 
16.24 	metropolitan area, as defined by section 473.121, subdivision 2; and one from each of the 
16.25 	current soil and water conservation administrative regions. 
16.26 	(c) Members in paragraph (a), clauses (1) to (4) (6), are appointed by the governor. 
16.27 	In making the appointments, the governor may consider persons recommended by 
16.28 	the Association of Minnesota Counties, the Minnesota Association of Townships, the 
16.29 	League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation 
16.30 	Districts, and the Minnesota Association of Watershed Districts. The list submitted by an 
16.31 	association must contain at least three nominees for each position to be filled.
16.32 	(d) The membership terms, compensation, removal of members and filling of 
16.33 	vacancies on the board for members in paragraph (a), clauses (1) to (4) (6), are as provided 
16.34 	in section 15.0575. 

17.1 	Sec. 20. Minnesota Statutes 2008, section 103B.3369, subdivision 5, is amended to 
17.2 	read:
17.3 		Subd. 5.Financial assistance. A base grant may be awarded to a county that levies
17.4 	provides a match utilizing a water implementation tax or other local source. A water 
17.5 	implementation tax that a county intends to use as a match to the base grant must be levied
17.6 	at a rate, which shall be determined by the board. The minimum amount of the water 
17.7 	implementation tax shall be a tax rate times the adjusted net tax capacity of the county for 
17.8 	the preceding year. The rate shall be the rate, rounded to the nearest .001 of a percent, 
17.9 	that, when applied to the adjusted net tax capacity for all counties, raises the amount of 
17.10 	$1,500,000. The base grant will be in an amount equal to $37,500 less the amount raised 
17.11 	by that levy the local match. If the amount necessary to implement the local water plan for 
17.12 	the county is less than $37,500, the amount of the base grant shall be the amount that, 
17.13 	when added to the levy match amount, equals the amount required to implement the plan. 
17.14 	For counties where the tax rate generates an amount equal to or greater than $18,750, the 
17.15 	base grant shall be in an amount equal to $18,750.

17.16 	Sec. 21. Minnesota Statutes 2008, section 103C.501, subdivision 2, is amended to read:
17.17 		Subd. 2.Request by district board. (a) A district board requesting funds of the 
17.18 	state board must submit an application in a form prescribed by the board containing:
17.19 	(1) a comprehensive plan;
17.20 	(2) an annual work plan; and
17.21 	(3) an application for cost-sharing funds.
17.22 	(b) The comprehensive and annual work plans must be completed as provided in 
17.23 	section 103C.331, subdivision 11. After review of the district's comprehensive plan, the 
17.24 	state board must approve the comprehensive plan with necessary amendments or reject 
17.25 	the plan.  

17.26 	Sec. 22. Minnesota Statutes 2008, section 103C.501, subdivision 4, is amended to read:
17.27 		Subd. 4.Cost-sharing funds. (a) The state board shall allocate at least 70 percent 
17.28 	of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality 
17.29 	problems or water quantity problems due to altered hydrology. The areas must be 
17.30 	selected based on the statewide priorities established by the state board. The allocated 
17.31 	funds must be used for conservation practices for high priority problems identified in the 
17.32 	comprehensive and annual work plans of the districts.
17.33 	(b) The remaining cost-sharing funds may be allocated to districts as follows:
18.1 	(1) for technical and administrative assistance, not more than 20 percent of the 
18.2 	funds; and
18.3 	(2) for conservation practices for lower priority erosion, sedimentation, or water 
18.4 	quality problems.

18.5 	Sec. 23. Minnesota Statutes 2008, section 103C.501, subdivision 5, is amended to read:
18.6 		Subd. 5.Contracts by districts. (a) A district board may contract on a cost-share 
18.7 	basis to furnish financial aid to a land occupier or to a state agency for permanent systems 
18.8 	for erosion or sedimentation control or water quality improvement or water quantity 
18.9 	improvements that are consistent with the district's comprehensive and annual work plans.
18.10 	(b) The duration of the contract must, at a minimum, be the time required to 
18.11 	complete the planned systems. A contract must specify that the land occupier is liable for 
18.12 	monetary damages and penalties in an amount up to 150 percent of the financial assistance 
18.13 	received from the district, for failure to complete the systems or practices in a timely 
18.14 	manner or maintain the systems or practices as specified in the contract.
18.15 	(c) A contract may provide for cooperation or funding with federal agencies. A land 
18.16 	occupier or state agency may provide the cost-sharing portion of the contract through 
18.17 	services in kind.
18.18 	(d) The state board or the district board may not furnish any financial aid for 
18.19 	practices designed only to increase land productivity.
18.20 	(e) When a district board determines that long-term  maintenance of a system or 
18.21 	practice is desirable, the board may  require that maintenance be made a covenant upon 
18.22 	the land for the effective life of the practice.  A covenant under this  subdivision shall be 
18.23 	construed in the same manner as a  conservation restriction under section 84.65.

18.24 	Sec. 24. Minnesota Statutes 2008, section 103C.501, subdivision 6, is amended to read:
18.25 		Subd. 6.Policies and rules. (a) The state board may adopt rules and shall adopt 
18.26 	rules policies prescribing:
18.27 	(1) procedures and criteria for allocating funds for cost-sharing contracts;
18.28 	(2) standards and guidelines for cost-sharing contracts;
18.29 	(3) the scope and content of district comprehensive plans, plan amendments, and 
18.30 	annual work plans;
18.31 	(4) standards and methods necessary to plan and implement a priority cost-sharing 
18.32 	program, including guidelines to identify high priority erosion, sedimentation, and water 
18.33 	quality problems and water quantity problems due to altered hydrology;
19.1 	(5) the share of the cost of conservation practices to be paid from cost-sharing 
19.2 	funds; and
19.3 	(6) requirements for districts to document their efforts to identify and contact land 
19.4 	occupiers with high priority erosion problems.
19.5 	(b) The rules may provide that cost-sharing may be used for farmstead windbreaks 
19.6 	and shelterbelts for the purposes of energy conservation and snow protection.
19.7 	(c) The board may establish alternative practices to those defined in section 84.02 
19.8 	for restoration or establishment of native prairie, grasslands, shorelands, riparian buffers, 
19.9 	or wetlands based on soil type, seed availability, adjacent land uses, project or practice 
19.10 	purpose, or other site-specific factors.

19.11 	Sec. 25. Minnesota Statutes 2008, section 103F.505, is amended to read:
19.12 	103F.505 PURPOSE AND POLICY.
19.13 	It is the purpose of sections 103F.505 to 103F.531 to keep restore certain marginal 
19.14 	agricultural land out of crop production and protect environmentally sensitive areas to 
19.15 	protect enhance soil and water quality, minimize damage to flood-prone areas, sequester 
19.16 	carbon, and support native plant, fish, and wildlife habitat habitats. It is state policy to 
19.17 	encourage the restoration of wetlands and riparian lands and promote the retirement of 
19.18 	marginal, highly erodible land, particularly land adjacent to public waters, drainage 
19.19 	systems, wetlands, and locally designated priority waters, from crop production and to 
19.20 	reestablish a cover of perennial vegetation.

19.21 	Sec. 26. Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:
19.22 		Subd. 5.Drained wetland. "Drained wetland" means a former natural wetland that 
19.23 	has been altered by draining, dredging, filling, leveling, or other manipulation sufficient 
19.24 	to render the land suitable for agricultural crop production. The alteration must have 
19.25 	occurred before December 23, 1985, and must be a legal alteration as determined by the 
19.26 	commissioner of natural resources.

19.27 	Sec. 27. Minnesota Statutes 2008, section 103F.511, is amended by adding a 
19.28 	subdivision to read:
19.29 		Subd. 8a.Reinvest in Minnesota reserve program. "Reinvest in Minnesota 
19.30 	reserve program" means the program established under section 103F.515.

19.31 	Sec. 28. Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:
20.1 		Subd. 8a 8b.Riparian land. "Riparian land" means lands adjacent to public 
20.2 	waters, drainage systems, wetlands, or locally designated priority waters identified in a 
20.3 	comprehensive local water plan, as defined in section 103B.3363, subdivision 3.

20.4 	Sec. 29. Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:
20.5 		Subdivision 1.Establishment of program. The board, in consultation with the 
20.6 	commissioner of agriculture and the commissioner of natural resources, shall establish 
20.7 	and administer a conservation the reinvest in Minnesota reserve program. The board 
20.8 	shall implement sections 103F.505 to 103F.531. Selection of land for the conservation
20.9 	reinvest in Minnesota reserve program must be based on its enhancement potential for 
20.10 	fish and, wildlife production, and native plant habitats, reducing erosion, and protecting 
20.11 	water quality.

20.12 	Sec. 30. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:
20.13 		Subd. 2.Eligible land. (a) Land may be placed in the conservation reinvest in 
20.14 	Minnesota reserve program if the land meets the requirements of paragraphs (b) and (c).
20.15 	(b) Land is eligible if the land:
20.16 	(1) is marginal agricultural land;
20.17 	(2) is adjacent to marginal agricultural land and is either beneficial to resource 
20.18 	protection or necessary for efficient recording of the land description;
20.19 	(3) consists of a drained wetland;
20.20 	(4) is land that with a windbreak or water quality improvement practice would be 
20.21 	beneficial to resource protection;
20.22 	(5) is land in a sensitive groundwater area;
20.23 	(6) is riparian land;
20.24 	(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to 
20.25 	four acres of cropland or one acre of noncropland for each acre of wetland restored;
20.26 	(8) is a woodlot on agricultural land;
20.27 	(9) is abandoned building site on agricultural land, provided that funds are not used 
20.28 	for compensation of the value of the buildings; or
20.29 	(10) is land on a hillside used for pasture.
20.30 	(c) Eligible land under paragraph (a) must:
20.31 	(1) be owned by the landowner, or a parent or other blood relative of the landowner, 
20.32 	for at least one year before the date of application;
21.1 	(2) be at least five acres in size, except for a drained wetland area, riparian area, 
21.2 	windbreak, woodlot, or abandoned building site, or be a whole field as defined by the 
21.3 	United States Agricultural Stabilization and Conservation Services;
21.4 	(3) not be set aside, enrolled or diverted under another federal or state government 
21.5 	program unless enrollment in the conservation reinvest in Minnesota reserve program 
21.6 	would provide additional conservation benefits or a longer term of enrollment than under 
21.7 	the current federal or state program; and
21.8 	(4) have been in agricultural crop production for at least two of the last five 
21.9 	years before the date of application, except drained wetlands, riparian lands, woodlots, 
21.10 	abandoned building sites, environmentally sensitive areas, or land on a hillside used 
21.11 	for pasture.
21.12 	(d) In selecting drained wetlands for enrollment in the program, the highest priority 
21.13 	must be given to wetlands with a cropping history during the period 1976 to 1985.
21.14 	(e) In selecting land for enrollment in the program, highest priority must be given to 
21.15 	permanent easements that are consistent with the purposes stated in section 103F.505.

21.16 	Sec. 31. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
21.17 		Subd. 4.Nature of property rights acquired. (a) A conservation easement must 
21.18 	prohibit:
21.19 	(1) alteration of wildlife habitat and other natural features, unless specifically 
21.20 	approved by the board;
21.21 	(2) agricultural crop production and livestock grazing, unless specifically approved 
21.22 	by the board for wildlife conservation management purposes; and
21.23 	(3) grazing of livestock except, for agreements entered before the effective date of 
21.24 	Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the 
21.25 	board after consultation with the commissioner of natural resources, in the case of severe 
21.26 	drought, or a local emergency declared under section 12.29; and
21.27 	(4) spraying with chemicals or mowing, except as necessary to comply with noxious 
21.28 	weed control laws or, for emergency control of pests necessary to protect public health, or 
21.29 	as approved by the board for conservation management purposes.
21.30 	(b) A conservation easement is subject to the terms of the agreement provided in 
21.31 	subdivision 5.
21.32 	(c) A conservation easement must allow repairs, improvements, and inspections 
21.33 	necessary to maintain public drainage systems provided the easement area is restored to 
21.34 	the condition required by the terms of the conservation easement.

22.1 	Sec. 32. Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:
22.2 		Subd. 5.Agreements by landowner. The board may enroll eligible land in the 
22.3 	conservation reinvest in Minnesota reserve program by signing an agreement in recordable 
22.4 	form with a landowner in which the landowner agrees:
22.5 	(1) to convey to the state a conservation easement that is not subject to any prior 
22.6 	title, lien, or encumbrance;
22.7 	(2) to seed the land subject to the conservation easement, as specified in the 
22.8 	agreement, to establish and maintain perennial cover of either a grass-legume mixture or 
22.9 	native grasses for the term of the easement, at seeding rates determined by the board; or 
22.10 	to plant trees or carry out other long-term capital improvements approved by the board 
22.11 	for soil and water conservation or wildlife management;
22.12 	(3) to convey to the state a permanent easement for the wetland restoration;
22.13 	(4) that other land supporting natural vegetation owned or leased as part of the 
22.14 	same farm operation at the time of application, if it supports natural vegetation or and
22.15 	has not been used in agricultural crop production, will not be converted to agricultural 
22.16 	crop production or pasture; and
22.17 	(5) that the easement duration may be lengthened through mutual agreement with 
22.18 	the board in consultation with the commissioners of agriculture and natural resources 
22.19 	if they determine that the changes effectuate the purpose of the program or facilitate 
22.20 	its administration.

22.21 	Sec. 33. Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:
22.22 		Subd. 6.Payments for conservation easements and establishment of cover
22.23 	conservation practices. (a) The board must make the following shall establish rates 
22.24 	for payments to the landowner for the conservation easement and agreement: related 
22.25 	practices. The board shall consider market factors, including the township average 
22.26 	equalized estimated market value of property as established by the commissioner of 
22.27 	revenue at the time of easement application.
22.28 	(1) to establish the perennial cover or other improvements required by the agreement:
22.29 	(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost 
22.30 	not to exceed $125 per acre for limited duration easements and 100 percent of the total 
22.31 	eligible cost not to exceed $150 per acre for perpetual easements;
22.32 	(ii) for native species restoration, 75 percent of the total eligible cost not to exceed 
22.33 	$200 per acre for limited duration easements and 100 percent of the total eligible cost not 
22.34 	to exceed $300 per acre for perpetual easements; and
23.1 	(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600 
23.2 	per acre;
23.3 	(2) for the cost of planting trees required by the agreement, up to 75 percent of the 
23.4 	total eligible cost not to exceed $250 per acre for limited duration easements, and 100 
23.5 	percent of the total eligible cost not to exceed $400 per acre for perpetual easements;
23.6 	(3) for a permanent easement, 70 percent of the township average equalized 
23.7 	estimated market value of agricultural property as established by the commissioner of 
23.8 	revenue at the time of easement application;
23.9 	(4) for an easement of limited duration, 90 percent of the present value of the 
23.10 	average of the accepted bids for the federal conservation reserve program, as contained in 
23.11 	Public Law 99-198, in the relevant geographic area and on bids accepted at the time of 
23.12 	easement application; or
23.13 	(5) an alternative payment system for easements based on cash rent or a similar 
23.14 	system as may be determined by the board.
23.15 	(b) For hillside pasture conservation easements, the payments to the landowner in 
23.16 	paragraph (a) for the conservation easement and agreement must be reduced to reflect the 
23.17 	value of similar property.
23.18 	(b) The board may establish alternative practices to those defined in section 84.02 for 
23.19 	restoration of native prairie, grasslands, or wetlands based on soil type, seed availability, 
23.20 	adjacent land uses, or other site-specific factors.
23.21 	(c) The board may establish a payment system for flowage easements acquired 
23.22 	under this section.
23.23 	(d) For wetland restoration projects involving more than one conservation easement, 
23.24 	state payments for restoration costs may exceed the limits set forth in this section by the 
23.25 	board for an individual easement provided the total payment for the restoration project 
23.26 	does not exceed the amount payable for the total number of acres involved.
23.27 	(e) The board may use available nonstate funds to exceed the payment limits in 
23.28 	this section.

23.29 	Sec. 34. Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:
23.30 		Subdivision 1.Cooperation. In implementing sections 103F.505 to 103F.531, the 
23.31 	board must share information and cooperate with the Department of Agriculture, the 
23.32 	Department of Natural Resources, the Pollution Control Agency, the United States Fish 
23.33 	and Wildlife Service, the Agricultural Stabilization and Conservation Service and Soil 
23.34 	Conservation Service of the United States Department of Agriculture, the Minnesota 
24.1 	Extension Service, the University of Minnesota, county boards, soil and water conservation 
24.2 	districts, watershed districts, and interested private organizations and individuals.

24.3 	Sec. 35. Minnesota Statutes 2008, section 103F.525, is amended to read:
24.4 	103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE 
24.5 	CONSERVATION PROGRAMS.
24.6 	The board may supplement payments made under federal land retirement programs 
24.7 	to the extent of available appropriations other than bond proceeds. The supplemental 
24.8 	payments must be used to establish perennial cover on land enrolled or increase payments 
24.9 	for land enrollment in programs approved by the board, including the federal conservation 
24.10 	reserve program and federal and state water bank program.

24.11 	Sec. 36. Minnesota Statutes 2008, section 103F.526, is amended to read:
24.12 	103F.526 FOOD PLOTS IN WINDBREAKS.
24.13 	The board, in cooperation with the commissioner of natural resources, may authorize 
24.14 	wildlife food plots on land with windbreaks enrolled in a conservation easement under 
24.15 	section 103F.515.

24.16 	Sec. 37. Minnesota Statutes 2008, section 103F.531, is amended to read:
24.17 	103F.531 RULEMAKING.
24.18 	The board may adopt rules or policy to implement sections 103F.505 to 103F.531. 
24.19 	The rules must include standards for tree planting so that planting does not conflict with 
24.20 	existing electrical lines, telephone lines, rights-of-way, or drainage ditches.

24.21 	Sec. 38. Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:
24.22 		Subd. 5.Release and alteration of conservation easements. Conservation 
24.23 	easements existing under this section, as of April 30, 1992, may be altered, released, 
24.24 	or terminated by the board of Water and Soil Resources after consultation with the 
24.25 	commissioners of agriculture and natural resources. The board may alter, release, or 
24.26 	terminate a conservation easement only if the board determines that the public interest and 
24.27 	general welfare are better served by the alteration, release, or termination.

24.28 	Sec. 39. Minnesota Statutes 2008, section 103G.201, is amended to read:
24.29 	103G.201 PUBLIC WATERS INVENTORY.
25.1 	(a) The commissioner shall preparemaintain a public waters inventory map of each 
25.2 	county that shows the waters of this state that are designated as public waters under the 
25.3 	public waters inventory and classification procedures prescribed under Laws 1979, chapter 
25.4 	199, and shall provide access to a copy of the maps and lists. TheAs county public waters 
25.5 	inventory map for each county must be filed with maps and lists are revised according to 
25.6 	this section, the commissioner shall send a notification or a copy of the maps and lists 
25.7 	to the auditor of theeach affected county.
25.8 	(b) The commissioner is authorized to revise the list of public waters established 
25.9 	under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously 
25.10 	identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as 
25.11 	wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify 
25.12 	public waters wetlands as public waters if:
25.13 	(1) they are assigned a shoreland management classification by the commissioner 
25.14 	under sections 103F.201 to 103F.221;
25.15 	(2) they are classified as lacustrine wetlands or deepwater habitats according to 
25.16 	Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, 
25.17 	et al., 1979 edition); or
25.18 	(3) the state or federal government has become titleholder to any of the beds or 
25.19 	shores of the public waters wetlands, subsequent to the preparation of the public waters 
25.20 	inventory map filed with the auditor of the county, pursuant to paragraph (a), and the 
25.21 	responsible state or federal agency declares that the water is necessary for the purposes 
25.22 	of the public ownership.
25.23 	(c) The commissioner must provide notice of the reclassification to the local 
25.24 	government unit, the county board, the watershed district, if one exists for the area, and 
25.25 	the soil and water conservation district. Within 60 days of receiving notice from the 
25.26 	commissioner, a party required to receive the notice may provide a resolution stating 
25.27 	objections to the reclassification. If the commissioner receives an objection from a party 
25.28 	required to receive the notice, the reclassification is not effective. If the commissioner does 
25.29 	not receive an objection from a party required to receive the notice, the reclassification 
25.30 	of a wetland under paragraph (b) is effective 60 days after the notice is received by all 
25.31 	of the parties.
25.32 	(d) The commissioner shall give priority to the reclassification of public waters 
25.33 	wetlands that are or have the potential to be affected by public works projects.
25.34 	(e) The commissioner may revise the public waters inventory map and list of each 
25.35 	county:
25.36 	(1) to reflect the changes authorized in paragraph (b); and
26.1 	(2) as needed, to:
26.2 	(i) correct errors in the original inventory;
26.3 	(ii) add or subtract trout stream tributaries within sections that contain a designated 
26.4 	trout stream following written notice to the landowner;
26.5 	(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 
26.6 	50 acres and the shoreland has been zoned for residential development; and
26.7 	(iv) add or subtract public waters that have been created or eliminated as a 
26.8 	requirement of a permit authorized by the commissioner under section 103G.245.

26.9 	Sec. 40. [103G.408] TEMPORARY DRAWDOWN OF PUBLIC WATERS.
26.10 	(a) The commissioner, upon consideration of recommendations and objections as 
26.11 	provided in clause (4) and paragraph (c), may issue a public waters work permit for the 
26.12 	temporary drawdown of a public water when:
26.13 	(1) the permit applicant is a public entity;
26.14 	(2) the commissioner deems the project to be beneficial and in the public interest;
26.15 	(3) the permit applicant has obtained written permission from a majority of the 
26.16 	riparian landowners; and
26.17 	(4) the permit applicant has conducted a public hearing according to paragraph (d).
26.18 	(b) In addition to the requirements in section 103G.301, subdivision 6, the permit 
26.19 	applicant shall serve a copy of the application on each county and municipality within 
26.20 	which any portion of the public water is located and on the lake improvement district, if 
26.21 	one exists.
26.22 	(c) A county, municipality, watershed district, watershed management organization, 
26.23 	or lake improvement district required to be served under paragraph (b) or section 
26.24 	103G.301, subdivision 6, may file a written recommendation for the issuance of a permit 
26.25 	or an objection to the issuance of a permit with the commissioner within 30 days after 
26.26 	receiving a copy of the application.
26.27 	(d) The hearing notice for a public hearing under paragraph (a), clause (4), must:
26.28 	(1) include the date, place, and time for the hearing;
26.29 	(2) include the waters affected and a description of the proposed project;
26.30 	(3) be mailed to the director, the county auditor, the clerk or mayor of a municipality, 
26.31 	the lake improvement district if one exists, the watershed district or water management 
26.32 	organization, the soil and water conservation district, and all riparian owners of record 
26.33 	affected by the application; and
26.34 	(4) be published in a newspaper of general circulation in the affected area.
27.1 	(e) This section does not apply to public waters that have been designated for 
27.2 	wildlife management under section 97A.101.

27.3 	Sec. 41. Minnesota Statutes 2008, section 168.1296, subdivision 1, is amended to read:
27.4 		Subdivision 1.General requirements and procedures. (a) The commissioner shall 
27.5 	issue critical habitat plates to an applicant who:
27.6 	(1) is a registered owner of a passenger automobile, one-ton pickup truck or 
27.7 	recreational vehicle;
27.8 	(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
27.9 	(3) pays the registration tax required under section 168.013;
27.10 	(4) pays the fees required under this chapter;
27.11 	(5) contributes a minimum of $30 annually to the Minnesota critical habitat private 
27.12 	sector matching account established in section 84.943; and
27.13 	(6) complies with this chapter and rules governing registration of motor vehicles 
27.14 	and licensing of drivers.
27.15 	(b) The critical habitat plate application must indicate that the annual contribution 
27.16 	specified under paragraph (a), clause (5), is a minimum contribution to receive the plate 
27.17 	and that the applicant may make an additional contribution to the account.
27.18 	(c) Owners of one-ton pickup trucks or recreational vehicles under paragraph (a), 
27.19 	clause (1), are may be eligible only for special critical habitat license plates for which the 
27.20 	designs are selected under subdivision 2, on or after January 1, 2006 2012.
27.21 	(d) Special critical habitat license plates, the designs for which are selected under 
27.22 	subdivision 2, on or after January 1, 2006, may be personalized according to section 
27.23 	168.12, subdivision 2a on or after January 1, 2012.

27.24 	Sec. 42. CONSUMPTIVE USE OF WATER.
 27.25 	Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature 
27.26 	approves of the consumptive use of water under a permit of more than 2,000,000 gallons 
27.27 	per day average in a 30-day period in St. Louis County, in connection with snowmaking, 
27.28 	subject to the commissioner of natural resources making a determination that the water 
27.29 	remaining in the basin of origin will be adequate to meet the basin's need for water and 
27.30 	approval by the commissioner of natural resources of all applicable permits.

27.31 	Sec. 43. RULEMAKING.
 28.1 	(a) The commissioner of natural resources shall adopt or amend rules to establish 
28.2 	minimum size limits for muskellunge on inland waters consistent with the provisions 
28.3 	of this section. The commissioner must:
28.4 	(1) establish a 48-inch statewide minimum size restriction for muskellunge and 
28.5 	muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause 
28.6 	(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota, 
28.7 	Hennepin, Ramsey, Scott, and Washington Counties; and
28.8 	(2) establish a 40-inch minimum size restriction for muskellunge-northern pike 
28.9 	hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and 
28.10 	Washington Counties:

28.11		LAKE
	COUNTY
	
28.12		Bryant
	Hennepin
	
28.13		Bush
	Hennepin
	
28.14		Calhoun
	Hennepin
	
28.15		Cedar
	Hennepin
	
28.16		Cedar
	Scott
	
28.17		Clear
	Washington
	
28.18		Crystal
	Dakota
	
28.19		Crystal
	Hennepin
	
28.20		Eagle
	Carver
	
28.21		Elmo
	Washington
	
28.22		Gervais
	Ramsey
	
28.23		Island
	Ramsey
	
28.24		Isles
	Hennepin
	
28.25		Johanna
	Ramsey
	
28.26		Nokomis
	Hennepin
	
28.27		Orchard
	Dakota
	
28.28		Phalen
	Ramsey
	
28.29		Pierson
	Carver
	
28.30		Silver
	Ramsey
	
28.31		Wasserman
	Carver
	
28.32		Weaver
	Hennepin
	
28.33 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
28.34 	section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 
28.35 	14.386, does not apply except as provided in Minnesota Statutes, section 14.388.

28.36 	Sec. 44. REVISOR'S INSTRUCTION.
 28.37 	(a) The revisor of statutes shall change the term "conservation reserve program" to 
28.38 	"reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections 
28.39 	84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.
29.1 	(b) In each section of Minnesota Statutes referred to in column A, the revisor of 
29.2 	statutes shall delete the reference in column B and insert the reference in column C.

29.3	Column A
	Column B
	Column C
	
29.4	84.777
	84.805
	84.804
	
29.5	84.777
	84.929
	84.928
	
29.6	84.787, subd. 1
	84.796
	84.795
	
29.7	84.788, subd. 9
	84.796
	84.795
	
29.8	84.791, subd. 4
	84.796
	84.795
	
29.9	84.794, subd. 2
	84.796
	84.795
	
29.10	84.795, subd. 8
	84.796
	84.795
	
29.11	84.797, subd. 1
	84.805
	84.804
	
29.12	84.798, subd. 8
	84.805
	84.804
	
29.13	84.804, subd. 6
	84.805
	84.804
	
29.14	84.92, subd. 1
	84.929
	84.928
	
29.15	84.922, subd. 9
	84.929
	84.928
	
29.16	84.925, subd. 3
	84.929
	84.928
	
29.17	84.9256, subd. 4
	84.929
	84.928
	
29.18	84.927, subd. 2
	84.929
	84.928
	
29.19	84.928, subd. 1
	84.929
	84.928
	
29.20	84.928, subd. 6
	84.929
	84.928

29.21 	Sec. 45.  REPEALER.
 29.22 	(a) Minnesota Statutes 2008, sections 84.02; 84.796; 84.805; 84.929; 85.0505, 
29.23 	subdivision 2; 103F.511, subdivision 4; and 103F.521, subdivision 2, are repealed.
29.24 	(b) Minnesota Rules, parts 8400.3000; 8400.3030; 8400.3060; 8400.3110; 
29.25 	8400.3130; 8400.3160; 8400.3200; 8400.3210; 8400.3230; 8400.3260; 8400.3300; 
29.26 	8400.3330; 8400.3360; 8400.3390; 8400.3400; 8400.3460; 8400.3500; 8400.3530; 
29.27 	8400.3560; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730; 8400.3800; 
29.28 	8400.3830; 8400.3870; and 8400.3930, are repealed.