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Minnesota Legislature

Office of the Revisor of Statutes

HF 1673

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/22/2018 05:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to natural resources; modifying off-highway vehicle provisions; modifying
provisions of Minnesota Naturalist Corps; modifying invasive species provisions;
modifying state water trail provisions; modifying water safety requirements;
modifying grant, contract, and lease provisions; modifying provisions to take,
possess, and transport wildlife; modifying commissioner's duties and authority;
amending Minnesota Statutes 2016, sections 84.01, by adding a subdivision;
84.788, subdivision 2; 84.793, subdivision 1; 84.9256, subdivision 1; 84.946,
subdivision 2, by adding a subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03,
subdivisions 3, 4; 84D.04, subdivision 1; 84D.05, subdivision 1; 84D.11, by adding
a subdivision; 85.32, subdivision 1; 86B.313, subdivision 1; 86B.511; 88.523;
89.39; 90.041, subdivision 2; 90.051; 90.14; 90.151, subdivision 1; 90.162; 90.252;
94.343, subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions 39, 43, 45,
52, 53; 97A.045, subdivision 10; 97B.655, subdivision 1; 97C.401, subdivision
2; 97C.701, by adding a subdivision; 103G.411; 160.06; repealing Minnesota
Statutes 2016, sections 84.026, subdivision 3; 85.012, subdivision 27b; 97C.701,
subdivisions 1a, 6; 97C.705; 97C.711; Minnesota Rules, parts 6258.0100;
6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts
1, 4, 5; 6258.0800; 6258.0900.

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

Section 1.

Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Legal counsel. new text end

new text begin The commissioner may appoint attorneys or outside counsel to
render title opinions, represent the department in severed mineral interest forfeiture actions
brought pursuant to section 93.55, and, notwithstanding any statute to the contrary, represent
the state in quiet title or title registration actions affecting land or interests in land
administered by the commissioner of natural resources.
new text end

Sec. 2.

Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:


Subd. 2.

Exemptions.

Registration is not required for off-highway motorcycles:

(1) owned and used by the United States, an Indian tribal government, the state, another
state, or a political subdivision;

(2) registered in another state or country that have not been within this state for more
than 30 consecutive days;

(3) registered under chapter 168, when operated on forest roads to gain access to a state
forest campground;

(4) used exclusively in organized track racing events;

(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
off-highway motorcycle state trail pass; deleted text beginor
deleted text end

(6) operated by a person participating in an event for which the commissioner has issued
a special use permitnew text begin; or
new text end

new text begin (7) operated on boundary trails and registered in another state or country providing equal
reciprocal registration or licensing exemptions for registrants of this state
new text end.

Sec. 3.

Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions on youthful operators.

(a) A person new text beginsix years or older but
new text end less than 16 years of age operating an off-highway motorcycle on public lands or waters
must possess a valid off-highway motorcycle safety certificate issued by the commissioner.

(b) Except for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state is required to
operate an off-highway motorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:

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

(2) operate an off-highway motorcycle on a public road right-of-way in the state; or

(3) operate an off-highway motorcycle on public lands or waters unless accompanied
by a person 18 years of age or older or participating in an event for which the commissioner
has issued a special use permit.

(d) Except for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied by a person 18 years of age
or older who holds a valid driver's license.

(e) A person less than 16 years of age may operate an off-highway motorcycle on public
road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if
that person is accompanied by a person 18 years of age or older who holds a valid driver's
license.

(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate
an off-highway motorcycle on public lands or waters if the nonresident youth has in
possession evidence of completing an off-road safety course offered by the Motorcycle
Safety Foundation or another state as provided in section 84.791, subdivision 4.

Sec. 4.

Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions on youthful operators.

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

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

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

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

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

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

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

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

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

(e) A person at least deleted text begin11deleted text endnew text begin sixnew text end years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

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

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

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

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain safety
course offered by the ATV Safety Institute or another state as provided in section 84.925,
subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
under section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

Sec. 5.

Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:


Subd. 2.

Standards.

(a) An appropriation for asset preservation may be used only for a
capital expenditure on a capital asset previously owned by the state, within the meaning of
generally accepted accounting principles as applied to public expenditures. The commissioner
of natural resources will consult with the commissioner of management and budget to the
extent necessary to ensure this and will furnish the commissioner of management and budget
a list of projects to be financed from the account in order of their priority. The legislature
assumes that many projects for preservation and replacement of portions of existing capital
assets will constitute betterments and capital improvements within the meaning of the
Constitution and capital expenditures under generally accepted accounting principles, and
will be financed more efficiently and economically under this section than by direct
appropriations for specific projects.

(b) An appropriation for asset preservation must not be used to acquire land or to acquire
or construct buildings or other facilities.

(c) Capital budget expenditures for natural resource asset preservation and replacement
projects must be for one or more of the following types of capital projects that support the
existing programmatic mission of the department: code compliance including health and
safety, Americans with Disabilities Act requirements, hazardous material abatement, access
improvement, or air quality improvement; building energy efficiency improvements using
current best practices; building or infrastructure repairs necessary to preserve the interior
and exterior of existing buildings; new text beginprojects to remove life safety hazards such as building
code violations or structural defects;
new text endor renovation of other existing improvements to land,
including but not limited to trails and bridges.

(d) Up to ten percent of an appropriation awarded under this section may be used for
design costs for projects eligible to be funded from this account in anticipation of future
funding from the account.

Sec. 6.

Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Priorities; report. new text end

new text begin The commissioner of natural resources must establish
priorities for natural resource asset preservation and replacement projects. By January 15
each year, the commissioner must submit to the commissioner of management and budget
a list of the projects that have been paid for with money from a natural resource asset
preservation and replacement appropriation during the preceding calendar year.
new text end

Sec. 7.

Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:


Subd. 3.

Training and mentoring.

The commissioner must develop and implement a
training program that adequately prepares Minnesota Naturalist Corps members for the
tasks assigned. Each corps member deleted text beginshall bedeleted text endnew text begin isnew text end assigned deleted text begina state parkdeleted text endnew text begin an interpretivenew text end naturalist
as a mentor.

Sec. 8.

Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:


Subd. 4.

Uniform deleted text beginpatchdeleted text endnew text begin pinnew text end.

Uniforms worn by members of the Minnesota Naturalist
Corps must have a deleted text beginpatchdeleted text endnew text begin pinnew text end that includes the name of the Minnesota Naturalist Corps and
information that the program is funded by the clean water, land, and legacy amendment to
the Minnesota Constitution adopted by the voters in November 2008.

Sec. 9.

Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:


Subd. 5.

Eligibility.

A person is eligible to enroll in the Minnesota Naturalist Corps if
the person:

(1) is a permanent resident of the state;

(2) is a participant in an approved college internship program deleted text beginor has a postsecondary
degree
deleted text end in a new text beginfield related to new text endnatural deleted text beginresourcedeleted text endnew text begin resources, cultural history, interpretation, new text end or
conservation deleted text beginrelated fielddeleted text end; and

(3) has completed at least one year of postsecondary education.

Sec. 10.

Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:


Subd. 6.

Corps member status.

Minnesota Naturalist Corps members are not eligible
for unemployment benefits deleted text beginif their services are excluded under section 268.035, subdivision
20,
deleted text end and are not eligible for other benefits except workers' compensation. The corps members
are not employees of the state within the meaning of section 43A.02, subdivision 21.

Sec. 11.

Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:


Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b),
(c), or (d), and section 97C.341.

(b) In waters that are listed as infested waters, except those listed as infested with
prohibited invasive species of fish or certifiable diseases of fish, as defined under section
17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes as provided
in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
watermilfoil, when the infested waters are listed solely because they contain Eurasian
watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
exceeding 16 inches in diameter and 32 inches in length.

(c) In streams or rivers that are listed as infested waters, except those listed as infested
with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest
of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
hook and line for noncommercial personal use is allowed as follows:

(1) fish taken under this paragraph must be used on the same body of water where caught
and while still on that water body. Where the river or stream is divided by barriers such as
dams, the fish must be caught and used on the same section of the river or stream;

(2) fish taken under this paragraph may not be transported live from or off the water
body;

(3) fish harvested under this paragraph may only be used in accordance with this section;

(4) any other use of wild animals used for bait from infested waters is prohibited;

(5) fish taken under this paragraph must meet all other size restrictions and requirements
as established in rules; and

(6) all species listed under this paragraph shall be included in the person's daily limit as
established in rules, if applicable.

(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River
downstream of the dam at Taylors Falls, including portions described as
Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items
A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for
angling, as provided in a permit issued under section 84D.11, is allowed as follows:

(1) nontarget species must immediately be returned to the water;

(2) gizzard shad taken under this paragraph must be used on the same body of water
where caught and while still on that water body. Where the river is divided by barriers such
as dams, the gizzard shad must be caught and used on the same section of the river;

(3) gizzard shad taken under this paragraph may not be transported off the water body;
and

(4) gizzard shad harvested under this paragraph may only be used in accordance with
this section.

This paragraph expires December 1, 2017.

(e) Equipment authorized for minnow harvest in a listed infested water by permit issued
under paragraph (b) may not be transported to, or used in, any waters other than waters
specified in the permit.

new text begin (f) Bait intended for sale may not be held in infested water after taking and before sale,
unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.
new text end

Sec. 12.

Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:


Subd. 4.

Commercial fishing and turtle, frog, and crayfish harvesting restrictions
in infested and noninfested waters.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined
in section 17.4982, deleted text beginmay not be used in any other waters. If a commercial licensee operates
in an infested water listed because it contains invasive fish, invertebrates, or certifiable
diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used
for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982,
deleted text end must be
tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. new text beginTagged gear must not be used in any water bodies other than those specified
in the license or permit. The permit may authorize department staff to remove tags after the
gear is decontaminated.
new text endThis tagging requirement does not apply to commercial fishing
equipment used in Lake Superior.

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
frog, or crayfish harvesting in an infested water that is listed solely because it contains
Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
of two days before they are used in any other waters, except as provided in this paragraph.
Commercial licensees must notify the department's regional or area fisheries office or a
conservation officer before removing nets or equipment from an infested water listed solely
because it contains Eurasian watermilfoil and before resetting those nets or equipment in
any other waters. Upon notification, the commissioner may authorize a commercial licensee
to move nets or equipment to another water without freezing or drying, if that water is listed
as infested solely because it contains Eurasian watermilfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment before placing the equipment into waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of listed
infested waters at the time that a license or permit is issued.

Sec. 13.

Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:


Subdivision 1.

Classes.

The commissioner shall, as provided in this chapter, classify
nonnative species of aquatic plants and wild animalsnew text begin, including subspecies, genotypes,
cultivars, hybrids, or genera of nonnative species,
new text end according to the following categories:

(1) prohibited invasive species, which may not be possessed, imported, purchased, sold,
propagated, transported, or introduced except as provided in section 84D.05;

(2) regulated invasive species, which may not be introduced except as provided in section
84D.07;

(3) unlisted nonnative species, which are subject to the classification procedure in section
84D.06; and

(4) unregulated nonnative species, which are not subject to regulation under this chapter.

Sec. 14.

Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:


Subdivision 1.

Prohibited activities.

A person may not possess, import, purchase, sell,
propagate, transport, or introduce a prohibited invasive species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the commissioner
may direct, in a sealed container for purposes of identifying the species or reporting the
presence of the species;

(5) when being transported for disposal as part of a harvest or control activity when
specifically authorized under a permit issued by the commissioner according to section
103G.615, when being transported for disposal as specified under a commercial fishing
license issued by the commissioner according to section 97A.418, 97C.801, 97C.811,
97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;

(6) when being removed from watercraft and equipment, or caught while angling, and
immediately returned to the water from which they came; deleted text beginor
deleted text end

new text begin (7) when being transported from riparian property to a legal disposal site that is at least
100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
invasive species are in a covered commercial vehicle specifically designed and used for
hauling trash; or
new text end

deleted text begin (7)deleted text endnew text begin (8)new text end as the commissioner may otherwise prescribe by rule.

Sec. 15.

Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Permit for invasive carp. new text end

new text begin The commissioner may issue a permit to
departmental divisions for tagging bighead, black, grass, or silver carp for research or
control. Under the permit, the carp may be released into the water body from which the carp
was captured. This subdivision expires December 31, 2021.
new text end

Sec. 16.

Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginAreas markeddeleted text endnew text begin Designationnew text end.

new text begin(a) new text endThe commissioner of natural resources
is authorized in cooperation with local units of government and private individuals and
groups when feasible to deleted text beginmarkdeleted text endnew text begin designate and managenew text end state water trails on new text beginthe Lake Superior
water trail under section 85.0155 and on
new text endthe new text beginfollowing rivers, which have historic,
recreational, and scenic values:
new text endLittle Fork, Big Fork, Minnesota, St. Croix, Snake,
Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum,
Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, Blue
Earth, Cedar, Shell Rock, deleted text beginanddeleted text end new text beginVermilion in St. Louis County, North Fork of the Crow, and
South Fork of the
new text endCrow deleted text beginRivers, which have historic and scenic values, and to mark
appropriately
deleted text endnew text begin. The commissioner may map and signnew text end points of interest,new text begin public water access
sites,
new text end portages, camp sites, and deleted text beginalldeleted text end dams, rapids, waterfalls, deleted text beginwhirlpools,deleted text end and other serious
hazards that are dangerous to canoe, kayak, and watercraft travelers.new text begin The commissioner
may maintain passageway for watercraft on state water trails.
new text end

new text begin (b) The commissioner must establish designation criteria and a process for designating
water trails. The designation criteria and process established under this paragraph apply to
water trails designated on water bodies added to paragraph (a) after the effective date of
this act.
new text end

Sec. 17.

Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:


Subdivision 1.

General requirements.

(a) In addition to requirements of other laws
relating to watercraft, a person may not operate or permit the operation of a personal
watercraft:

(1) without each person on board the personal watercraft wearing a deleted text beginUnited States Coast
Guard (USCG) approved
deleted text end wearable personal flotation device deleted text beginwith adeleted text endnew text begin that is approved by the
United States Coast Guard (USCG) and has a
new text end USCG label indicating deleted text beginitdeleted text endnew text begin the flotation devicenew text end
either is approved for or does not prohibit use with personal watercraft deleted text beginor water skiingdeleted text end;

(2) between one hour before sunset and 9:30 a.m.;

(3) at greater than slow-no wake speed within 150 feet of:

(i) a shoreline;

(ii) a dock;

(iii) a swimmer;

(iv) a raft used for swimming or diving; or

(v) a moored, anchored, or nonmotorized watercraft;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other
device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified
accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
or personal flotation device of the operator, if the personal watercraft is equipped by the
manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
including weaving through congested watercraft traffic, jumping the wake of another
watercraft within 150 feet of the other watercraft, or operating the watercraft while facing
backwards;

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached to
the personal watercraft so as to be in full view of the operator.

(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
to launch or land a person on water skis, a kneeboard, or similar device by the most direct
route to open water.

Sec. 18.

Minnesota Statutes 2016, section 86B.511, is amended to read:


86B.511 LIGHTS.

new text begin Subdivision 1. new text end

new text begin Navigation lights. new text end

Except as provided in section 169.541, a watercraft
using the waters of this state, when underway or in use between sunset and sunrise, must
carry and display the new text beginnavigation new text endlights prescribed by the commissioner for the watercraft.

new text begin Subd. 2. new text end

new text begin Other lights. new text end

new text begin (a) No person may operate a watercraft with lights that are not
navigation lights required under subdivision 1, that are visible on the exterior of the
watercraft, and that:
new text end

new text begin (1) interfere with the visibility of navigation lights; or
new text end

new text begin (2) are red, green, or blue.
new text end

new text begin (b) Notwithstanding paragraph (a), watercraft operated for government-sanctioned public
safety activities may display an alternately flashing red and yellow light signal for
identification. The lights must not interfere with the visibility of the navigation lights. No
special privilege is granted. Operators must not presume that the light or exigency gives
them precedence or right-of-way.
new text end

new text begin (c) Notwithstanding paragraph (a), law enforcement may operate watercraft with lights
that are flashing blue when engaged in law enforcement activities. The lights must not
interfere with the visibility of the navigation lights.
new text end

Sec. 19.

Minnesota Statutes 2016, section 88.523, is amended to read:


88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.

Upon application of the owner, any auxiliary forest contract may be made subject to any
provisions of law enacted subsequent to the execution of the contract and in force at the
time of application, so far as not already applicable, with the approval of the county board
and the commissioner of natural resources. A supplemental agreement in a deleted text beginformdeleted text endnew text begin formatnew text end
prescribed by the commissioner deleted text beginand approved by the attorney generaldeleted text end must be executed by
the commissioner in behalf of the state and by the owner. The supplemental agreement must
be filed and recorded in like manner as the supplemental contract under section 88.49,
subdivision 9
, and takes effect upon filing and recording.

Sec. 20.

Minnesota Statutes 2016, section 89.39, is amended to read:


89.39 PURCHASE AGREEMENTS AND PENALTIES.

Every individual, partnership, or private corporation to whom any planting stock is
supplied for planting on private land deleted text beginhereunder shalldeleted text endnew text begin under sections 89.35 to 89.39 mustnew text end
execute an agreement, deleted text beginupon a formdeleted text endnew text begin in a formatnew text end approved by the deleted text beginattorney generaldeleted text endnew text begin
commissioner
new text end, to comply with deleted text beginalldeleted text end the requirements of sections 89.35 to 89.39 and deleted text beginalldeleted text end
conditions prescribed by the commissioner deleted text beginhereunderdeleted text endnew text begin thereundernew text end. Any party to such an
agreement who deleted text beginshall violate any provision thereof shall,deleted text endnew text begin violates the agreement is,new text end in addition
to any other penalties that may be applicable, deleted text beginbedeleted text end liable to the state in a sum equal to three
times the reasonable value of the trees affected by the violation at the time the deleted text beginsamedeleted text endnew text begin treesnew text end
were shipped for planting; provided, that if deleted text beginsuchdeleted text endnew text begin thenew text end trees are sold or offered for sale for
any purpose not deleted text beginhereindeleted text end authorizeddeleted text begin, suchdeleted text endnew text begin under sections 89.35 to 89.39, thenew text end penalty deleted text beginshall bedeleted text endnew text begin
is
new text end equal to three times the sale price. deleted text beginSuchdeleted text endnew text begin Thenew text end penalties deleted text beginshall bedeleted text endnew text begin arenew text end recoverable in a civil
action brought in the name of the state by the attorney general.

Sec. 21.

Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:


Subd. 2.

Trespass on state lands.

The commissioner may compromise and settledeleted text begin, with
notification to the attorney general
deleted text end, upon terms the commissioner deems just, any claim of
the state for casual and involuntary trespass upon state lands or timber; provided that no
claim shall be settled for less than the full value of all timber or other materials taken in
casual trespass or the full amount of all actual damage or loss suffered by the state as a
result. Upon request, the commissioner shall advise the Executive Council of any information
acquired by the commissioner concerning any trespass on state lands, giving all details and
names of witnesses and all compromises and settlements made under this subdivision.

Sec. 22.

Minnesota Statutes 2016, section 90.051, is amended to read:


90.051 SUPERVISION OF SALES; BOND.

The department employee delegated to supervise state timber appraisals and sales shall
be bonded in a form to be prescribed by the deleted text beginattorney generaldeleted text endnew text begin commissionernew text end and in the sum
of not less than $25,000, conditioned upon the faithful and honest performance of duties.

Sec. 23.

Minnesota Statutes 2016, section 90.14, is amended to read:


90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it was
appraised. No tract shall be sold to any person other than the purchaser in whose name the
bid was made. The commissioner may refuse to approve any and all bids received and cancel
a sale of state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
or, if unsold at public auction, at the time of purchase at a subsequent sale under section
90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the
appraised value. In case any purchaser fails to make such payment, the purchaser shall be
liable therefor to the state in a civil action, and the commissioner may reoffer the timber
for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been
made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
the appraised value, elect in deleted text beginwriting ondeleted text end a deleted text beginformdeleted text endnew text begin formatnew text end prescribed by the deleted text beginattorney generaldeleted text endnew text begin
commissioner
new text end to purchase a permit based solely on the appraiser's estimate of the volume
of timber described in the permit, provided that the commissioner has expressly designated
the availability of such option for that tract on the list of tracts available for sale as required
under section 90.101. A purchaser who elects in deleted text beginwriting ondeleted text end a deleted text beginformdeleted text endnew text begin formatnew text end prescribed by the
deleted text begin attorney generaldeleted text endnew text begin commissionernew text end to purchase a permit based solely on the appraiser's estimate
of the volume of timber described on the permit does not have recourse to the provisions
of section 90.281.

(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value that must be received or postmarked within 14 days of the
date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
is liable for the down payment to the state and the commissioner may offer the timber for
sale to the next highest bidder as though no higher bid had been made.

(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
under section 90.151, the commissioner shall require the purchaser to make a bid guarantee
payment to the commissioner in an amount equal to 15 percent of the total purchase price
of the permit less the down payment amount required by paragraph (b) for any bid increase
in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
submitted with the signed permit, no harvesting may occur, the permit cancels, and the
down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective permit.

Sec. 24.

Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:


Subdivision 1.

Issuance; expiration.

(a) Following receipt of the down payment for
state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered
permit to the purchaser, in a deleted text beginformdeleted text endnew text begin formatnew text end approved by the deleted text beginattorney generaldeleted text endnew text begin commissionernew text end,
by the terms of which the purchaser deleted text beginshall bedeleted text endnew text begin isnew text end authorized to enter upon the landdeleted text begin,deleted text end and to cut
and remove the timber deleted text beginthereindeleted text end describednew text begin in the permitnew text end as designated for cutting in the report
of the state appraiser, according to the provisions of this chapter. The permit deleted text beginshalldeleted text endnew text begin mustnew text end be
correctly dated and executed by the commissioner and signed by the purchaser. If a permit
is not signed by the purchaser within 45 days from the date of purchase, the permit cancels
and the down payment for timber required under section 90.14 forfeits to the state. The
commissioner may grant an additional period for the purchaser to sign the permit, not to
exceed ten business days, provided the purchaser pays a $200 penalty fee.

(b) The permit deleted text beginshall expiredeleted text endnew text begin expiresnew text end no later than five years after the date of sale as the
commissioner shall specify or as specified under section 90.191, and the timber deleted text beginshalldeleted text endnew text begin mustnew text end
be cut and removed within the time specified deleted text beginthereindeleted text end. If additional time is needed, the permit
holder must request, deleted text beginprior todeleted text endnew text begin beforenew text end the expiration date, and may be granted, for good and
sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and
removing all equipment and buildings. All cut timber, equipment, and buildings not removed
from the land after expiration of the permit becomes the property of the state.

(c) The commissioner may grant deleted text beginandeleted text end additional deleted text beginperiod ofdeleted text end time not to exceed 240 days
for deleted text beginthe removal ofdeleted text endnew text begin removingnew text end cut timber, equipment, and buildings upon receipt of a written
request by the permit holder for good and sufficient reasons. The permit holder may combine
in the written request under this paragraph the request for additional time under paragraph
(b).

Sec. 25.

Minnesota Statutes 2016, section 90.162, is amended to read:


90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.

In lieu of the security deposit equal to the value of all timber covered by the permit
required by section 90.161, a purchaser of state timber may elect in deleted text beginwriting ondeleted text end a deleted text beginformdeleted text endnew text begin formatnew text end
prescribed by the deleted text beginattorney generaldeleted text endnew text begin commissionernew text end to give good and valid surety to the state
of Minnesota equal to the purchase price for any designated cutting block identified on the
permit before the date the purchaser enters upon the land to begin harvesting the timber on
the designated cutting block.

Sec. 26.

Minnesota Statutes 2016, section 90.252, is amended to read:


90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES;
FEES.

Subdivision 1.

Scaling agreement.

The commissioner may enter into an agreement with
either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling
of the cut timber and the collection of the payment for the same can be consummated by
the state. deleted text beginSuch andeleted text endnew text begin Thenew text end agreement deleted text beginshalldeleted text endnew text begin mustnew text end be approved as to form and content by the
deleted text begin attorney generaldeleted text endnew text begin commissionernew text end and deleted text beginshalldeleted text endnew text begin mustnew text end provide for a bond or cash in lieu of a bond
and deleted text beginsuchdeleted text end other safeguards as are necessary to protect the interests of the state. The scaling
and payment collection procedure may be used for any state timber sale, except that no
permittee who is also the consumer shall both cut and scale the timber sold unless deleted text beginsuchdeleted text endnew text begin thenew text end
scaling is supervised by a state scaler.

Subd. 2.

Weight measurement services; fees.

The commissioner may enter into an
agreement with the owner or operator of any weight scale inspected, tested, and approved
under chapter 239 to provide weight measurements for deleted text beginthedeleted text end scaling deleted text beginofdeleted text end state timber according
to section 90.251. The agreement deleted text beginshalldeleted text endnew text begin mustnew text end be deleted text beginon a formdeleted text endnew text begin in a formatnew text end prescribed by the
deleted text begin attorney generaldeleted text endnew text begin commissionernew text end, deleted text beginshall become adeleted text endnew text begin becomesnew text end part of the official record of any
state timber permit so scaled, and deleted text beginshalldeleted text endnew text begin mustnew text end contain safeguards that are necessary to protect
the interests of the state. Except as otherwise provided by the commissioner, the cost of any
agreement to provide weight measurement of state timber deleted text beginshalldeleted text endnew text begin mustnew text end be paid by the permit
holder of any state timber permit so measured and the cost deleted text beginshalldeleted text endnew text begin mustnew text end be included in the
statement of the amount due for the permit under section 90.181, subdivision 1.

Sec. 27.

Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:


Subd. 9.

Approval by deleted text beginattorney generaldeleted text endnew text begin commissionernew text end.

No exchange of class A land
shall be consummated unless the deleted text beginattorney general shall have given an opinion in writingdeleted text endnew text begin
commissioner determines
new text end that the title to the land proposed to be conveyed to the state is
good and deleted text beginmarketable,deleted text end free from all liens deleted text beginanddeleted text endnew text begin, with allnew text end encumbrancesnew text begin identifiednew text end except
reservations herein authorized. new text beginThe commissioner may use title insurance to aid in the title
determination.
new text endIf required by the deleted text beginattorney generaldeleted text endnew text begin commissionernew text end, the landowner deleted text beginshalldeleted text endnew text begin mustnew text end
submit an abstract of title and make and file with the commissioner an affidavit as to
possession of the land, improvements, liens, and encumbrances thereon, and other matters
affecting the title.

Sec. 28.

Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:


Subd. 9.

Approval of county attorney.

No exchange of class B land shall be
consummated unless the title to the land proposed to be exchanged therefor deleted text beginshalldeleted text endnew text begin isnew text end first deleted text beginbedeleted text end
approved by the county attorney in like manner as provided for approval by the deleted text beginattorney
general
deleted text endnew text begin commissionernew text end in case of class A land. The county attorney's opinion on the title
deleted text begin shall bedeleted text endnew text begin isnew text end subject to approval by the deleted text beginattorney generaldeleted text endnew text begin commissionernew text end.

Sec. 29.

Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:


Subd. 39.

Protected wild animals.

"Protected wild animals" deleted text beginare the following wild
animals:
deleted text endnew text begin meansnew text end big game, small game, game fish, rough fish, minnows, leeches, alewives,
ciscoes, chubs, deleted text beginanddeleted text end lake whitefishdeleted text begin,deleted text end and the subfamily Coregoninae, rainbow smelt, frogs,
turtles, clams, mussels, wolf, mourning doves, new text beginbats, snakes, salamanders, lizards, any animal
species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter
6134,
new text endand wild animals that are protected by a restriction in the time or manner of taking,
other than a restriction in the use of artificial lights, poison, or motor vehicles.

Sec. 30.

Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:


Subd. 43.

Rough fish.

"Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
burbot, cisco, gar, goldeye, and bullheaddeleted text begin.deleted text endnew text begin, except for any fish species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134.
new text end

Sec. 31.

Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:


Subd. 45.

Small game.

"Small game" means game birds, gray squirrel, fox squirrel,
cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, new text beginshort-tailed weasel,
long-tailed weasel,
new text endwolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar,
wolverine, muskrat, mink, otter, and beaver.

Sec. 32.

Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:


Subd. 52.

Unprotected birds.

"Unprotected birds" means English sparrow, deleted text beginblackbird,deleted text end
starling, deleted text beginmagpie,deleted text end cormorant, common pigeon, Eurasian collared dove, chukar partridge,
quail other than bobwhite quail, and mute swan.

Sec. 33.

Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:


Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild animals
that are not protected wild animals including deleted text beginweasel,deleted text end coyote, new text beginplains pocket new text endgopher, porcupine,
striped skunk, and unprotected birdsdeleted text begin.deleted text endnew text begin, except any animal species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134.
new text end

Sec. 34.

Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:


Subd. 10.

Reciprocal agreements on violations.

The commissionerdeleted text begin, with the approval
of the attorney general,
deleted text end may enter into reciprocal agreements with game and fish authorities
in other states and the United States government to provide for:

(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
for violations of game and fish laws committed in signatory jurisdictions deleted text beginwhichdeleted text endnew text begin thatnew text end result
in license revocation in that jurisdiction;

(2) reporting convictions and license revocations of residents of signatory states for
violations of game and fish laws of Minnesota to game and fish authorities in the
nonresident's state of residence; and

(3) release upon signature without posting of bail for residents of signatory states accused
of game and fish law violations in this state, providing for recovery, in the resident
jurisdiction, of fines levied if the citation is not answered in this state.

As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

Sec. 35.

Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:


Subdivision 1.

Owners and occupants may take certain animals.

A person new text beginor the
person's agent
new text endmay take new text beginbats, snakes, salamanders, lizards, weasel, new text endmink, squirrel, rabbit,
hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
person where the animal is causing damage. The person new text beginor the person's agent new text endmay take the
animal without a license and in any manner except by deleted text beginpoison, ordeleted text end artificial lights in the closed
seasonnew text begin or by poisonnew text end. Raccoons may be taken under this subdivision with artificial lights
during open season. A person deleted text beginthatdeleted text end new text beginor the person's agent who new text endkills mink, raccoon, bobcat,
fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer
or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

Sec. 36.

Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:


Subd. 2.

Walleyedeleted text begin; northern pikedeleted text end.

deleted text begin(a) Except as provided in paragraph (b),deleted text end A person
may have no more than one walleye larger than 20 inches deleted text beginand one northern pike larger than
30 inches
deleted text end in possession.new text begin This subdivision does not apply to boundary waters.
new text end

deleted text begin (b) The restrictions in paragraph (a) do not apply to boundary waters.
deleted text end

Sec. 37.

Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Harvesting mussel shells. new text end

new text begin Live mussels may not be harvested. A person
possessing a valid resident or nonresident angling license or a person not required to have
an angling license to take fish may take and possess at any time, for personal use only, not
more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may
be harvested in waters of the state where fish may be taken by angling. Mussel shells must
be harvested by hand-picking only and may not be purchased or sold.
new text end

Sec. 38.

Minnesota Statutes 2016, section 103G.411, is amended to read:


103G.411 STIPULATION OF LOW-WATER MARK.

If the state is a party in a civil action relating to the navigability or ownership of the bed
of a body of water, river, or stream, the commissioner, in behalf of the state, deleted text beginwith the approval
of the attorney general,
deleted text end may agree by written stipulation with a riparian owner who is a
party to the action on the location of the ordinary low-water mark on the riparian land of
the party. After the stipulation is executed by all parties, it must be presented to the judge
of the district court where the action is pending for approval. If the stipulation is approved,
the judge shall make and enter an order providing that the final judgment when entered shall
conform to the location of the ordinary, low-water mark as provided for in the stipulation
as it relates to the parties to the stipulation.

Sec. 39.

Minnesota Statutes 2016, section 160.06, is amended to read:


160.06 TRAIL OR PORTAGE DEDICATION.

Any trail or portage between public or navigable bodies of water or from public or
navigable water to a public highway in this state deleted text beginwhichdeleted text endnew text begin thatnew text end has been in continued and
uninterrupted use by the general public for 15 years or more as a trail or portage for the
purposes of travel, deleted text beginshall bedeleted text endnew text begin isnew text end deemed to have been dedicated to the public as a trail or
portage. This section deleted text beginshall applydeleted text endnew text begin appliesnew text end only to forest trails on established deleted text beginstate water trailsdeleted text endnew text begin
canoe routes
new text end and the public deleted text beginshall havedeleted text endnew text begin hasnew text end the right to use the same for deleted text beginthe purposes ofdeleted text end travel
to the same extent as public highways. The width of all trails and portages dedicated by
user deleted text beginshall bedeleted text endnew text begin isnew text end eight feet on each side of the centerline of the trail or portage.

Sec. 40. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, sections 84.026, subdivision 3; 85.012, subdivision 27b;
97C.701, subdivisions 1a and 6; 97C.705; and 97C.711,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: HF1673-1

84.026 CONTRACTS AND GRANTS FOR PROVIDING NATURAL RESOURCES SERVICES.

No active language found for: 84.026.3

85.012 STATE PARKS.

Subd. 27b.

Hill-Annex Mine State Park, Itasca County.

97C.701 TAKING MUSSELS.

No active language found for: 97C.701.1aNo active language found for: 97C.701.6No active language found for: 97C.705No active language found for: 97C.711