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Minnesota Legislature

Office of the Revisor of Statutes

HF 1237

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying state park permit requirements;
modifying authority to operate state monuments and establish secondary
units; eliminating liquor service at John A. Latsch State Park; providing for
establishment of boater waysides; modifying watercraft operation requirements;
providing for appeals and enforcement of certain civil penalties; providing for
taking wild animals to protect public safety; providing for notice of changes to
public waters inventory; modifying critical habitat plate eligibility; amending
Minnesota Statutes 2008, sections 85.053, subdivision 3; 85.054, by adding
subdivisions; 85.21; 86A.05, by adding a subdivision; 86A.08, subdivision 1;
86A.09, subdivision 1; 86B.311, by adding a subdivision; 97A.321; 103G.201;
168.1296, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 97B; repealing Minnesota Statutes 2008, section 85.0505, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read:


Subd. 3.

deleted text beginSecond vehicledeleted text end new text beginMultiple-vehicle new text endpermits.

The commissioner shall
prescribe and issue deleted text beginsecond vehicledeleted text end new text beginmultiple-vehicle new text endstate park permits for persons who
own more than one motor vehicle and who request deleted text begina seconddeleted text endnew text begin thenew text end permit for deleted text beginthe second
vehicle
deleted text endnew text begin additional vehiclesnew text end on a form prescribed by the commissioner. deleted text beginThe commissioner
may issue an applicant only one second vehicle permit.
deleted text end

Sec. 2.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin John A. Latsch 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 parking lot located adjacent
to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park.
new text end

Sec. 3.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Greenleaf Lake State Recreation Area. new text end

new text begin A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at Greenleaf
Lake State Recreation Area.
new text end

Sec. 4.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:


new text begin Subd. 17. new text end

new text begin School-sanctioned activities. new text end

new text begin A state park permit is not required and a
fee may not be charged for vehicles transporting K-12 students engaged in school district
sanctioned activities at state parks.
new text end

Sec. 5.

Minnesota Statutes 2008, section 85.21, is amended to read:


85.21 STATE OPERATION OF PARK, deleted text beginMONUMENT,deleted text end RECREATION AREA
AND WAYSIDE FACILITIES; LICENSE NOT REQUIRED.

The state, in its operation of state park, deleted text beginstate monument,deleted text end state recreation area, and
state wayside facilities, shall not be required to obtain or pay for permits or licenses
required by statute or by ordinance of governmental subdivisions of private operators in
conducting or maintaining similar business or facilities.

Sec. 6.

Minnesota Statutes 2008, section 86A.05, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin State boater wayside. new text end

new text begin (a) Boater waysides may be established to provide
for public use.
new text end

new text begin (b) No unit shall be authorized as a state boater wayside unless its proposed location
substantially satisfies the following criteria:
new text end

new text begin (1) contains resources that are desirable for use by boaters;
new text end

new text begin (2) is accessible by persons traveling by boat, canoe, or kayak; and
new text end

new text begin (3) may be near, associated with, or located within a unit of the outdoor recreation
system under this section.
new text end

new text begin (c) State boater waysides shall be administered by the commissioner of natural
resources in a manner that is consistent with the purpose of this subdivision. Facilities
for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be
provided when the commissioner determines that these activities are justifiable and
compatible with the resources and the natural environment.
new text end

Sec. 7.

Minnesota Statutes 2008, section 86A.08, subdivision 1, is amended to read:


Subdivision 1.

Secondary authorization; when permitted.

A unit of the outdoor
recreation system may be authorized wholly or partially within the boundaries of another
unit only when the authorization is consistent with the purposes and objectives of the
respective unitsnew text begin.new text end deleted text beginand only in the instances permitted below:
deleted text end

deleted text begin (a) The following units may be authorized wholly or partially within a state park:
historic site, scientific and natural area, wilderness area, wild, scenic, and recreational
river, trail, rest area, aquatic management area, and water access site.
deleted text end

deleted text begin (b) The following units may be authorized wholly or partially within a state
recreation area: historic site, scientific and natural area, wild, scenic, and recreational river,
trail, rest area, aquatic management area, wildlife management area, and water access site.
deleted text end

deleted text begin (c) The following units may be authorized wholly or partially within a state forest:
state park, state recreation area, historic site, wildlife management area, scientific and
natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic
management area, and water access site.
deleted text end

deleted text begin (d) The following units may be authorized wholly or partially within a state historic
site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and
water access site.
deleted text end

deleted text begin (e) The following units may be authorized wholly or partially within a state wildlife
management area: state water access site and aquatic management area.
deleted text end

deleted text begin (f) The following units may be authorized wholly or partially within a state wild,
scenic, or recreational river: state park, historic site, scientific and natural area, wilderness
area, trail, rest area, aquatic management area, and water access site.
deleted text end

deleted text begin (g) The following units may be authorized wholly or partially within a state rest
area: historic site, trail, wild, scenic, and recreational river, aquatic management area,
and water access site.
deleted text end

deleted text begin (h) The following units may be authorized wholly or partially within an aquatic
management area: historic site, scientific and natural area, wild, scenic, and recreational
river, and water access site.
deleted text end

Sec. 8.

Minnesota Statutes 2008, section 86A.09, subdivision 1, is amended to read:


Subdivision 1.

Master plan required.

No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, for water access sites, for
aquatic management areas, deleted text beginordeleted text end for rest areasnew text begin, or for boater waysidesnew text end.

Sec. 9.

Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Law enforcement watercraft displaying emergency lights. new text end

new text begin When
approaching and passing a law enforcement watercraft with its emergency lights
activated, the operator of a watercraft must safely move the watercraft away from the law
enforcement watercraft and maintain a slow-no wake speed while within 150 feet of
the law enforcement watercraft.
new text end

Sec. 10.

Minnesota Statutes 2008, section 97A.321, is amended to read:


97A.321 DOGS PURSUING OR KILLING BIG GAME.

new text begin Subdivision 1. new text end

new text begin Owner responsibility; penalty amount. new text end

The owner of a dog that
pursues but does not kill a big game animal is subject to a civil penalty of $100 for each
violation. The owner of a dog that kills a big game animal is subject to a civil penalty of
$500 for each violation.

new text begin Subd. 2. new text end

new text begin Appeals. new text end

new text begin Civil penalties under this section may be appealed according to
procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying
the commissioner in writing within 15 days after receipt of the citation. If a hearing
is not requested within the 15-day period, the civil penalty becomes a final order not
subject to further review.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin Civil penalties under this section may be enforced according
to section 116.072, subdivisions 9 and 10.
new text end

new text begin Subd. 4. new text end

new text begin Payment of penalty. new text end

new text begin Penalty amounts shall be remitted to the
commissioner within 30 days of issuance of the penalty notice and shall be deposited in
the game and fish fund.
new text end

Sec. 11.

new text begin [97B.657] TAKING WILD ANIMALS TO PROTECT PUBLIC SAFETY.
new text end

new text begin A licensed peace officer may, at any time, take a protected wild animal that is posing
an immediate threat to public safety. A peace officer who destroys a protected wild animal
under this section must report the taking to a conservation officer as soon as practicable,
but no later than 48 hours after the animal is destroyed.
new text end

Sec. 12.

Minnesota Statutes 2008, section 103G.201, is amended to read:


103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner shall deleted text beginpreparedeleted text end new text beginmaintain new text enda public waters inventory map of each
county that shows the waters of this state that are designated as public waters under the
public waters inventory and classification procedures prescribed under Laws 1979, chapter
199new text begin, and shall provide access to a copy of the maps and listsnew text end. deleted text beginThedeleted text end new text beginAs county new text endpublic waters
inventory deleted text beginmap for each county must be filed withdeleted text endnew text begin maps and lists are revised according to
this section, the commissioner shall send a notification or a copy of the maps and lists
to
new text end the auditor of deleted text beginthedeleted text end new text begineach affected new text endcounty.

(b) The commissioner is authorized to revise the list of public waters established
under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify
public waters wetlands as public waters if:

(1) they are assigned a shoreland management classification by the commissioner
under sections 103F.201 to 103F.221;

(2) they are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
et al., 1979 edition); or

(3) the state or federal government has become titleholder to any of the beds or
shores of the public waters wetlands, subsequent to the preparation of the public waters
inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
responsible state or federal agency declares that the water is necessary for the purposes
of the public ownership.

(c) The commissioner must provide notice of the reclassification to the local
government unit, the county board, the watershed district, if one exists for the area, and
the soil and water conservation district. Within 60 days of receiving notice from the
commissioner, a party required to receive the notice may provide a resolution stating
objections to the reclassification. If the commissioner receives an objection from a party
required to receive the notice, the reclassification is not effective. If the commissioner does
not receive an objection from a party required to receive the notice, the reclassification
of a wetland under paragraph (b) is effective 60 days after the notice is received by all
of the parties.

(d) The commissioner shall give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.

(e) The commissioner may revise the public waters inventory map and list of each
county:

(1) to reflect the changes authorized in paragraph (b); and

(2) as needed, to:

(i) correct errors in the original inventory;

(ii) add or subtract trout stream tributaries within sections that contain a designated
trout stream following written notice to the landowner;

(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
50 acres and the shoreland has been zoned for residential development; and

(iv) add or subtract public waters that have been created or eliminated as a
requirement of a permit authorized by the commissioner under section 103G.245.

Sec. 13.

Minnesota Statutes 2008, section 168.1296, subdivision 1, is amended to read:


Subdivision 1.

General requirements and procedures.

(a) The commissioner shall
issue critical habitat plates to an applicant who:

(1) is a registered owner of a passenger automobilenew text begin, one-ton pickup trucknew text end or
recreational vehicle;

(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of $30 annually to the Minnesota critical habitat private
sector matching account established in section 84.943; and

(6) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.

(b) The critical habitat plate application must indicate that the annual contribution
specified under paragraph (a), clause (5), is a minimum contribution to receive the plate
and that the applicant may make an additional contribution to the account.

(c) Owners of new text beginone-ton pickup trucks or new text endrecreational vehicles under paragraph (a),
clause (1), deleted text beginaredeleted text endnew text begin may benew text end eligible deleted text beginonlydeleted text end for special critical habitat license plates deleted text beginfor which the
designs are selected under subdivision 2,
deleted text end on or after January 1, deleted text begin2006deleted text endnew text begin 2012new text end.

(d) Special critical habitat license platesdeleted text begin, the designs for which are selected under
subdivision 2, on or after January 1, 2006,
deleted text end may be personalized according to section
168.12, subdivision 2anew text begin on or after January 1, 2012new text end.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 85.0505, subdivision 2, new text end new text begin is repealed.
new text end