HF 1591

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; authorizing grants for 
  1.3             aquatic restoration; providing for administrative 
  1.4             penalty orders; clarifying construction of law 
  1.5             relating to decoys; providing for disposition of 
  1.6             federal aid; providing for compliance with federal 
  1.7             law; modifying turtle licensing and taking provisions; 
  1.8             providing for conservation law enforcement by 
  1.9             agreement with Indian authorities; providing 
  1.10            penalties; amending Minnesota Statutes 2000, sections 
  1.11            84.027, by adding a subdivision; 97A.021, subdivision 
  1.12            3; 97A.055, by adding a subdivision; 97A.475, 
  1.13            subdivision 41; 97C.605; and 97C.611; proposing coding 
  1.14            for new law in Minnesota Statutes, chapters 84; 97A; 
  1.15            97C; and 626; repealing Minnesota Statutes 2000, 
  1.16            section 16A.68; Minnesota Rules, parts 6256.0500, 
  1.17            subpart 2; and 6266.0600, subpart 8. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 2000, section 84.027, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 16.  [AQUATIC RESTORATION GRANTS.] The commissioner 
  1.22  may make grants for aquatic restoration projects, research, and 
  1.23  propagation. 
  1.24     Sec. 2.  [84.0891] [ADMINISTRATIVE PENALTIES; COMMERCIAL 
  1.25  AQUATIC-BASED ACTIVITIES.] 
  1.26     Subdivision 1.  [AUTHORITY TO ISSUE PENALTY ORDERS.] The 
  1.27  commissioner may issue an order requiring violations to be 
  1.28  corrected and administratively assessing monetary penalties for 
  1.29  violations of chapter 84D, sections 17.46 to 17.4998, 97C.041, 
  1.30  97C.045, 97C.211, 97C.501 to 97C.525, 97C.601 to 97C.621, 
  1.31  97C.701 to 97C.711, 97C.801 to 97C.845, 97C.851, 97C.861, 
  2.1   97C.865, and 97C.871 and rules adopted thereunder, for 
  2.2   violations of any standards, limitations, or conditions 
  2.3   established in an agency permit, and for failure to respond to a 
  2.4   request for information under the chapters or sections listed in 
  2.5   this subdivision.  The order must be issued as provided in this 
  2.6   section. 
  2.7      Subd. 2.  [ADMINISTRATIVE PENALTY ORDERS.] The commissioner 
  2.8   may issue an order requiring violations to be corrected and 
  2.9   administratively assessing monetary penalties for violations of 
  2.10  laws, rules, orders, agreements, settlements, licenses, 
  2.11  registrations, or permits.  The commissioner must follow the 
  2.12  procedures in sections 84.0891 to 84.0893 when issuing an 
  2.13  administrative penalty order.  The maximum monetary amount of an 
  2.14  administrative penalty order is $10,000 for each violation 
  2.15  identified in an inspection or review of compliance. 
  2.16     Sec. 3.  [84.0892] [ADMINISTRATIVE PENALTY ORDER 
  2.17  PROCEDURE.] 
  2.18     Subdivision 1.  [CONTENTS OF ORDER.] An order assessing an 
  2.19  administrative penalty under section 84.0891, subdivision 1, 
  2.20  must include: 
  2.21     (1) a concise statement of the facts alleged to constitute 
  2.22  a violation; 
  2.23     (2) a reference to the law, rule, order, agreement, 
  2.24  settlement, license, registration, or permit that has been 
  2.25  violated; 
  2.26     (3) a statement of the corrective order or the amount of 
  2.27  the administrative penalty to be imposed and the factors upon 
  2.28  which it is based; and 
  2.29     (4) a statement of the person's right to review the order. 
  2.30     Subd. 2.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 
  2.31  determining the amount or requirements of a penalty under 
  2.32  section 84.0891, subdivision 2, the commissioner may consider: 
  2.33     (1) the willfulness of the violation; 
  2.34     (2) the gravity of the violation, including damage to 
  2.35  humans, animals, air, water, land, forests, or other natural 
  2.36  resources of the state; 
  3.1      (3) the history of past violations; 
  3.2      (4) the number of violations; 
  3.3      (5) the economic benefit gained by the person by allowing 
  3.4   or committing the violation; and 
  3.5      (6) other factors as justice may require, if the 
  3.6   commissioner specifically identifies the additional factors in 
  3.7   the commissioner's order. 
  3.8      (b) For a second or subsequent violation, the commissioner 
  3.9   shall, in determining the amount or requirements of a penalty, 
  3.10  consider: 
  3.11     (1) the factors in paragraph (a); 
  3.12     (2) the similarity of the most recent previous violation 
  3.13  and the violation to be penalized; 
  3.14     (3) the time elapsed since the last violation; 
  3.15     (4) the number of previous violations; and 
  3.16     (5) the response of the person to the most recent previous 
  3.17  violation identified. 
  3.18     Subd. 3.  [CORRECTIVE ORDER.] (a) The commissioner may 
  3.19  issue an order requiring the violations cited in the order to be 
  3.20  corrected within 30 calendar days from the date the order is 
  3.21  received.  Corrective orders may require repair, restoration, 
  3.22  replacement, and monetary restitution as determined by the 
  3.23  commissioner. 
  3.24     (b) The person to whom the order was issued shall provide 
  3.25  information to the commissioner before the 31st day after the 
  3.26  order was received demonstrating that the violation has been 
  3.27  corrected or that the person has developed a corrective plan 
  3.28  acceptable to the commissioner.  The commissioner shall 
  3.29  determine whether the violation has been corrected and notify 
  3.30  the person to whom the order was issued of the commissioner's 
  3.31  determination. 
  3.32     Subd. 4.  [PENALTY.] (a) Except as provided in paragraph 
  3.33  (c), if the commissioner determines that the violation has been 
  3.34  corrected or the person to whom the order was issued has 
  3.35  developed a corrective plan acceptable to the commissioner, the 
  3.36  monetary penalty shall be forgiven.  
  4.1      (b) Unless the person requests review of the order under 
  4.2   subdivision 5 before the monetary penalty is due, the penalty in 
  4.3   the order is due and payable: 
  4.4      (1) on the 31st day after the order was received, if the 
  4.5   person to whom the order was issued fails to provide information 
  4.6   to the commissioner showing that the violation has been 
  4.7   corrected or that appropriate steps have been taken toward 
  4.8   correcting the violation; or 
  4.9      (2) if the person to whom the order was issued has provided 
  4.10  information to the commissioner that the commissioner determines 
  4.11  is not sufficient to show that the violation has been corrected 
  4.12  or that appropriate steps have been taken toward correcting the 
  4.13  violation, on the 20th day after the person receives notice of 
  4.14  the commissioner's determination under this clause. 
  4.15     (c) For repeated or serious violations, the commissioner 
  4.16  may issue an order with a monetary penalty that shall not be 
  4.17  forgiven after the corrective action is taken. The monetary 
  4.18  penalty is due 31 days after the order was received, unless 
  4.19  review of the order under subdivision 5 is requested. 
  4.20     (d) Interest at the rate established in section 549.09 
  4.21  begins to accrue on penalties under this subdivision on the 31st 
  4.22  day after the order with the penalty was received. 
  4.23     Subd. 5.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
  4.24  days after receiving an order or within 20 days after receiving 
  4.25  notice that the commissioner has determined that a violation has 
  4.26  not been corrected or appropriate steps have not been taken 
  4.27  toward correcting the violation, the person to whom the order 
  4.28  was issued under this section may request an expedited hearing, 
  4.29  using the procedures adopted under section 14.51, to review the 
  4.30  commissioner's action.  The hearing request must specifically 
  4.31  state the reasons for seeking review of the order.  The person 
  4.32  to whom the order was issued and the commissioner are the 
  4.33  parties to the expedited hearing.  The commissioner must notify 
  4.34  the person to whom the order was issued of the time and place of 
  4.35  the hearing at least 15 days before the hearing.  The expedited 
  4.36  hearing must be held within 30 days after a request for hearing 
  5.1   has been filed with the commissioner unless the parties agree to 
  5.2   a later date. 
  5.3      (b) All written arguments must be submitted within ten days 
  5.4   following the close of the hearing.  The hearing shall be 
  5.5   conducted according to rules adopted under section 14.51, as 
  5.6   modified by this subdivision.  The office of administrative 
  5.7   hearings may, in consultation with the commissioner of natural 
  5.8   resources, adopt rules specifically applicable to cases under 
  5.9   this section. 
  5.10     (c) The administrative law judge shall issue a report 
  5.11  making recommendations about the commissioner's action to the 
  5.12  commissioner within 30 days following the close of the record.  
  5.13  The administrative law judge may not recommend a change in the 
  5.14  amount of the proposed penalty or corrective order unless the 
  5.15  administrative law judge determines that, based on the factors 
  5.16  in subdivision 2, the monetary penalty or corrective order is 
  5.17  unreasonable. 
  5.18     (d) If the administrative law judge makes a finding that 
  5.19  the hearing was requested solely for purposes of delay or that 
  5.20  the hearing request was frivolous, the commissioner may add to 
  5.21  the amount of the penalty the costs charged to the department of 
  5.22  natural resources by the office of administrative hearings for 
  5.23  the hearing. 
  5.24     (e) If a hearing has been held, the commissioner may not 
  5.25  issue a final order until at least five days after receipt of 
  5.26  the report of the administrative law judge.  The person to whom 
  5.27  the order was issued may, within those five days, comment to the 
  5.28  commissioner on the recommendations and the commissioner must 
  5.29  consider the comments.  The final order may be appealed 
  5.30  according to sections 14.63 to 14.69. 
  5.31     (f) If a hearing has been held and a final order issued by 
  5.32  the commissioner, the penalty must be paid or the corrective 
  5.33  action commenced within 30 days after the date the final order 
  5.34  is received, unless review of the final order is requested under 
  5.35  sections 14.63 to 14.69.  If review is not requested or the 
  5.36  order is reviewed and upheld, the amount due is the penalty, 
  6.1   together with interest accruing from 31 days after the original 
  6.2   order was received at the rate established in section 549.09. 
  6.3      Subd. 6.  [ALTERNATIVE DISPUTE RESOLUTION.] In addition to 
  6.4   review under subdivision 5, the commissioner may enter into 
  6.5   mediation or other alternative dispute resolution concerning an 
  6.6   order issued under this section if the commissioner and the 
  6.7   person to whom the order was issued both agree to mediation or 
  6.8   other alternative dispute resolution. 
  6.9      Subd. 7.  [ENFORCEMENT.] (a) The attorney general may 
  6.10  proceed on behalf of the state to enforce penalties that are due 
  6.11  and payable under this section in any manner provided by law for 
  6.12  the collection of debts. 
  6.13     (b) The attorney general may petition the district court to 
  6.14  file the administrative order as an order of the court.  At any 
  6.15  court hearing, the only issues parties may contest are 
  6.16  procedural and notice issues.  Once entered, the administrative 
  6.17  order may be enforced in the same manner as a final judgment of 
  6.18  the district court. 
  6.19     (c) If a person fails to pay the penalty or comply with a 
  6.20  corrective order, the attorney general may bring a civil action 
  6.21  in district court seeking payment of the penalties, injunctive 
  6.22  relief, or other appropriate relief including monetary damages, 
  6.23  attorney fees, costs, and interest. 
  6.24     Subd. 8.  [REVOCATION AND SUSPENSION OF PERMIT, LICENSE, OR 
  6.25  REGISTRATION.] If a person fails to pay a penalty owed under 
  6.26  this section, the commissioner may revoke or refuse to reissue 
  6.27  or renew a permit, license, or registration issued by the 
  6.28  commissioner. 
  6.29     Subd. 9.  [CUMULATIVE REMEDY.] The authority of the 
  6.30  commissioner to issue a corrective order assessing penalties is 
  6.31  in addition to other remedies available under statutory or 
  6.32  common law, except that the state may not seek civil penalties 
  6.33  under any other provision of law for the violations covered by 
  6.34  the administrative penalty order.  The payment of a penalty does 
  6.35  not preclude the use of other enforcement provisions, under 
  6.36  which penalties are not assessed, in connection with the 
  7.1   violation for which the penalty was assessed. 
  7.2      Sec. 4.  [84.0893] [RECOVERY OF LITIGATION COSTS AND 
  7.3   EXPENSES.] 
  7.4      In any judicial action brought by the attorney general for 
  7.5   civil penalties, injunctive relief, or an action to compel 
  7.6   performance under section 84.0892, subdivision 7, if the state 
  7.7   finally prevails and if the proven violation was willful, the 
  7.8   state, in addition to other penalties provided by law, may be 
  7.9   allowed an amount determined by the court to be the reasonable 
  7.10  value of all or part of the litigation expenses incurred by the 
  7.11  state.  In determining the amount of the litigation expenses to 
  7.12  be allowed, the court shall give consideration to the economic 
  7.13  circumstances of the defendant. 
  7.14     Sec. 5.  Minnesota Statutes 2000, section 97A.021, 
  7.15  subdivision 3, is amended to read: 
  7.16     Subd. 3.  [PARTS AND DECOYS OF WILD ANIMALS.] A provision 
  7.17  relating to a wild animal applies in the same manner to a part 
  7.18  of the wild animal and includes decoys of wild animals placed by 
  7.19  a licensed peace officer.  
  7.20     Sec. 6.  Minnesota Statutes 2000, section 97A.055, is 
  7.21  amended by adding a subdivision to read: 
  7.22     Subd. 2a.  [FEDERAL FUNDS TO THE GAME AND FISH FUND.] (a) 
  7.23  Federal aid reimbursements under the Federal Aid in Wildlife 
  7.24  Restoration Act, as provided by United States Code, title 16, 
  7.25  sections 669 to 669i, shall be deposited in the game and fish 
  7.26  fund. 
  7.27     (b) Federal aid reimbursements under the Federal Aid in 
  7.28  Fish Restoration Act, as provided by United States Code, title 
  7.29  16, sections 777 to 777k, shall be deposited in the game and 
  7.30  fish fund. 
  7.31     Sec. 7.  [97A.057] [FEDERAL LAW COMPLIANCE; RESTRICTIONS ON 
  7.32  LICENSE REVENUE.] 
  7.33     Subdivision 1.  [COMPLIANCE.] The commissioner shall take 
  7.34  the action necessary to comply with the Federal Aid in Wildlife 
  7.35  Restoration Act, as provided by United States Code, title 16, 
  7.36  sections 669 to 669i, and the Federal Aid in Fish Restoration 
  8.1   Act, as provided by United States Code, title 16, sections 777 
  8.2   to 777k. 
  8.3      Subd. 2.  [RESTRICTIONS ON LICENSE REVENUE.] Money accruing 
  8.4   to the state from fees charged for hunting and angling licenses 
  8.5   shall not be used for any purpose other than game and fish and 
  8.6   related activities under the administration of the commissioner. 
  8.7      Sec. 8.  Minnesota Statutes 2000, section 97A.475, 
  8.8   subdivision 41, is amended to read: 
  8.9      Subd. 41.  [TURTLE SELLERS LICENSES.] (a) The fee for a 
  8.10  turtle seller's license to sell turtles and to take, transport, 
  8.11  purchase buy, and possess turtles for sale is $70.  
  8.12     (b) The fee for a recreational turtle license to take, 
  8.13  transport, and possess turtles is $25. 
  8.14     (c) The fee for a turtle seller's license apprentice is $25.
  8.15     Sec. 9.  Minnesota Statutes 2000, section 97C.605, is 
  8.16  amended to read: 
  8.17     97C.605 [TURTLES.] 
  8.18     Subdivision 1.  [RESIDENT ANGLING LICENSE REQUIRED.] A 
  8.19  person may not take, possess, or transport turtles without an a 
  8.20  resident angling license, except as provided in subdivision 2 2c.
  8.21     Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
  8.22  take, buy, possess, or transport, or purchase turtles for sale, 
  8.23  sell turtles, or take turtles for sale using commercial 
  8.24  equipment, as described in subdivision 3a, without a turtle 
  8.25  seller's license, except as provided in this subdivision 2c. 
  8.26     Subd. 2a.  [RECREATIONAL TURTLE LICENSE.] A person who does 
  8.27  not possess a turtle seller's license may take turtles for 
  8.28  personal use with commercial equipment, as described in 
  8.29  subdivision 3a, with a recreational turtle license. 
  8.30     Subd. 2b.  [TURTLE SELLER'S APPRENTICE LICENSE.] (a) A 
  8.31  person with a turtle seller's license may list one person as an 
  8.32  apprentice on the license.  A person acting as an apprentice for 
  8.33  a turtle seller licensee must have an apprentice license and may 
  8.34  assist the turtle licensee in all licensed activities. 
  8.35     (b) The turtle seller licensee or the turtle seller's 
  8.36  apprentice licensee must be present at all turtle operations 
  9.1   conducted under the turtle seller license.  Turtle operations 
  9.2   include going to and from turtle harvest locations; setting, 
  9.3   lifting, and removing commercial turtle equipment; and 
  9.4   transporting turtles from harvest locations. 
  9.5      (c) A turtle seller's apprentice license is transferable by 
  9.6   the turtle seller licensee by making application to the 
  9.7   commissioner.  A person listed as an apprentice by a turtle 
  9.8   seller licensee must not be listed as an apprentice by another 
  9.9   turtle seller licensee nor may an apprentice possess a turtle 
  9.10  seller's license or a recreational turtle license. 
  9.11     (b) Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need 
  9.12  a turtle seller's license or an angling license: 
  9.13     (1) when buying turtles for resale at a retail outlet; 
  9.14     (2) when buying a turtle at a retail outlet; or 
  9.15     (3) if the person is a nonresident buying a turtle from a 
  9.16  licensed turtle seller for export out of state.  Shipping 
  9.17  documents provided by the turtle seller must accompany each 
  9.18  shipment exported out of state by a nonresident.  Shipping 
  9.19  documents must include:  name, address, city, state, and zip 
  9.20  code of the buyer; number of each species of turtle; and name 
  9.21  and license number of the turtle seller.  
  9.22     Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
  9.23  allowed in paragraph (b), A person may take turtles in any 
  9.24  manner, except by the use of: 
  9.25     (1) explosives, drugs, poisons, lime, and other harmful 
  9.26  substances; 
  9.27     (2) traps, except as provided under subdivision 3a; or 
  9.28     (3) nets other than anglers' fish landing nets; or 
  9.29     (4) commercial equipment, except as provided under 
  9.30  subdivision 3a.  
  9.31     (b) A person with a turtle seller's license may take 
  9.32  turtles with a floating turtle trap that: 
  9.33     (1) has one or more openings above the water surface that 
  9.34  measure at least ten inches by four inches; and 
  9.35     (2) has a mesh size of not less than one-half inch, bar 
  9.36  measure. 
 10.1   The commissioner may prescribe additional regulations for taking 
 10.2   turtles for sale. 
 10.3      Subd. 3a.  [COMMERCIAL EQUIPMENT FOR TAKING TURTLES.] (a) A 
 10.4   person with a turtle seller's license or a recreational turtle 
 10.5   license may take turtles with a floating or submerged turtle 
 10.6   trap, turtle hooks, and other commercial equipment authorized by 
 10.7   the commissioner. 
 10.8      (b) Floating traps must have: 
 10.9      (1) one or more openings above the water surface that 
 10.10  measure at least ten inches by four inches; and 
 10.11     (2) a mesh size of not less than one-half inch, bar measure.
 10.12     (c) Submerged traps must be constructed of either flexible 
 10.13  webbing or wire.  Flexible webbing traps must be of a mesh size 
 10.14  not less than 3 1/2 inches bar measure or seven inches stretch 
 10.15  measure.  Wire traps must be of a mesh size not less than 
 10.16  two-inch by four-inch bar measure and must have one square 
 10.17  opening on the top at least four inches on a side and two square 
 10.18  openings of the same dimension on each of the side panels near 
 10.19  the top of the trap. 
 10.20     (d) A person with a turtle seller's license must not 
 10.21  operate more than 40 submerged turtle traps and 40 floating 
 10.22  turtle traps. 
 10.23     (e) A person with a recreational turtle license may use 
 10.24  floating or submerged turtle traps, but must not operate more 
 10.25  than three turtle traps. 
 10.26     (f) The commissioner shall issue 40 identification tags for 
 10.27  submerged turtle traps and 40 identification tags for floating 
 10.28  turtle traps to a turtle seller licensee and three turtle trap 
 10.29  identification tags to a recreational turtle licensee.  Tags 
 10.30  must be attached to submerged and floating traps at all times.  
 10.31  Lost tags must be reported within 48 hours to the local 
 10.32  conservation officer or the commercial fisheries program 
 10.33  consultant.  The commissioner may reissue tags upon request. 
 10.34     Subd. 3b.  [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 
 10.35  TURTLE OPERATIONS.] A person may not: 
 10.36     (1) knowingly place or maintain an obstruction that will 
 11.1   hinder, prevent, or interfere with a licensed turtle operation; 
 11.2      (2) remove turtles, other wild animals, or fish from a 
 11.3   floating or submerged trap licensed under the game and fish 
 11.4   laws; or 
 11.5      (3) knowingly damage, disturb, or interfere with a licensed 
 11.6   turtle operation. 
 11.7      Subd. 4.  [ARTIFICIAL LIGHTS.] The commissioner may issue 
 11.8   permits to take turtles with the use of artificial lights in 
 11.9   designated waters.  
 11.10     Subd. 5.  [RULES.] The commissioner may adopt rules for 
 11.11  taking turtles.  The commissioner may prescribe seasons, limits, 
 11.12  closed areas, and other restrictions and requirements the 
 11.13  commissioner deems necessary for the conservation of turtles. 
 11.14     Sec. 10.  Minnesota Statutes 2000, section 97C.611, is 
 11.15  amended to read: 
 11.16     97C.611 [SNAPPING TURTLES; LIMITS.] 
 11.17     A person may not possess more than three snapping turtles 
 11.18  of the species Chelydra serpentina without a turtle seller's 
 11.19  license.  A person, including a licensed turtle seller, 
 11.20  recreational turtle licensee, or turtle seller's apprentice, may 
 11.21  not take snapping turtles of a size less than ten inches wide 
 11.22  including curvature, measured from side to side across the shell 
 11.23  at midpoint. 
 11.24     Sec. 11.  [97C.612] [WESTERN PAINTED TURTLES; LIMITS.] 
 11.25     A licensed turtle seller, a recreational turtle licensee, 
 11.26  or a turtle seller's apprentice may not take western painted 
 11.27  turtles greater than five inches in shell length. 
 11.28     Sec. 12.  [626.94] [CONSERVATION LAW ENFORCEMENT 
 11.29  AUTHORITY.] 
 11.30     Subdivision 1.  [DEFINITION.] As used in this section, 
 11.31  "Indian conservation enforcement authority" means: 
 11.32     (1) a federally recognized Indian tribe, as defined in 
 11.33  United States Code, title 25, section 450b, subsection (e), 
 11.34  located within Minnesota, provided that the tribe has the 
 11.35  authority to adopt and enforce game, fish, and natural resources 
 11.36  codes governing the conduct of its members within the geographic 
 12.1   boundaries of a reservation or in the 1854 and 1837 ceded 
 12.2   territories; or 
 12.3      (2) an Indian conservation agency having the authority to 
 12.4   adopt and enforce game, fish, and natural resources codes and 
 12.5   regulations governing the conduct of Indians in the 1854 and 
 12.6   1837 ceded territories. 
 12.7      Subd. 2.  [INDIAN CONSERVATION ENFORCEMENT AUTHORITY 
 12.8   REQUIREMENTS.] Upon agreement by the commissioner of natural 
 12.9   resources, an Indian conservation enforcement authority may 
 12.10  exercise authority under subdivision 3 if it satisfies the 
 12.11  following requirements: 
 12.12     (1) the Indian conservation enforcement authority agrees to 
 12.13  be subject to liability for its torts and those of its officers, 
 12.14  employees, and agents acting within the scope of their 
 12.15  employment or duties arising out of the law enforcement agency 
 12.16  powers conferred by this section to the same extent as a 
 12.17  municipality under chapter 466 and the Indian conservation 
 12.18  enforcement authority further agrees, notwithstanding section 
 12.19  16C.05, subdivision 7, to waive its sovereign immunity for 
 12.20  purposes of claims arising out of the liability; 
 12.21     (2) the Indian conservation enforcement authority files 
 12.22  with the board of peace officer standards and training a bond or 
 12.23  certificate of insurance for liability coverage with the maximum 
 12.24  single occurrence amounts set forth in section 466.04 and an 
 12.25  annual cap for all occurrences within a year of three times the 
 12.26  single occurrence amounts; 
 12.27     (3) the Indian conservation enforcement authority files 
 12.28  with the board of peace officer standards and training a 
 12.29  certificate of insurance for liability of its conservation law 
 12.30  enforcement officers, employees, and agents for lawsuits under 
 12.31  the United States Constitution; 
 12.32     (4) the Indian conservation enforcement authority agrees to 
 12.33  be subject to section 13.82 and any other laws of the state 
 12.34  relating to data practices of law enforcement agencies; and 
 12.35     (5) the Indian conservation enforcement authority enters 
 12.36  into a written cooperative agreement with the commissioner of 
 13.1   natural resources under section 471.59 to define and regulate 
 13.2   the provision of conservation law enforcement services under 
 13.3   this section and to provide conservation officers employed by 
 13.4   the department of natural resources with concurrent jurisdiction 
 13.5   to enforce Indian codes and regulations within the reservation 
 13.6   or ceded territory.  When entering into an agreement under this 
 13.7   clause, the Indian conservation enforcement authority is 
 13.8   considered a "governmental unit" as defined under section 
 13.9   471.59, subdivision 1.  Nothing in this section shall be 
 13.10  construed to invalidate or limit the terms of any valid 
 13.11  agreement approved by a federal court order. 
 13.12     Subd. 3.  [CONCURRENT JURISDICTION.] If the requirements of 
 13.13  subdivision 2 are met: 
 13.14     (1) the Indian conservation enforcement authority may 
 13.15  appoint peace officers, as defined in section 626.84, 
 13.16  subdivision 1, paragraph (c), to serve as conservation officers 
 13.17  having the same powers as conservation officers employed by the 
 13.18  department of natural resources.  The exercise of these powers 
 13.19  is limited to the geographical boundaries of the reservation or 
 13.20  ceded territory unless the geographical jurisdiction is extended 
 13.21  by the written agreement specified in subdivision 2, clause (5); 
 13.22  and 
 13.23     (2) the jurisdiction of conservation officers appointed by 
 13.24  the Indian conservation enforcement authority is concurrent with 
 13.25  the jurisdiction of conservation officers employed by the 
 13.26  department of natural resources to enforce the state's game and 
 13.27  fish, natural resource, and recreational laws within the 
 13.28  geographical boundaries of the reservation or ceded territory. 
 13.29     Subd. 4.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
 13.30  shall be construed to restrict the band's authority under 
 13.31  federal law. 
 13.32     Subd. 5.  [CONSTRUCTION.] This section is limited to law 
 13.33  enforcement authority only.  Nothing in this section shall 
 13.34  affect any other jurisdictional relationship or dispute. 
 13.35     Sec. 13.  [REPEALER.] 
 13.36     Minnesota Statutes 2000, section 16A.68, is repealed.  
 14.1   Minnesota Rules, parts 6256.0500, subpart 2; and 6266.0600, 
 14.2   subpart 8, are repealed. 
 14.3      Sec. 14.  [EFFECTIVE DATE.] 
 14.4      Sections 8 to 11 are effective the day following final 
 14.5   enactment.