HF 2213

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; exempting certain 
  1.3             patrol vehicles from the security barrier requirement; 
  1.4             providing for designation of certain enforcement 
  1.5             personnel by commissioner's order; amending Minnesota 
  1.6             Statutes 2003 Supplement, sections 84.029, subdivision 
  1.7             1; 84A.02; 84A.21; 84A.32, subdivision 1; 84A.55, 
  1.8             subdivision 8; 85.04, subdivision 2; proposing coding 
  1.9             for new law in Minnesota Statutes, chapter 84. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [84.0286] [CONSERVATION OFFICER PATROL VEHICLE 
  1.12  SECURITY BARRIER; EXEMPTION.] 
  1.13     Marked conservation officer patrol vehicles are exempt from 
  1.14  any law or rule requiring a security barrier in the vehicle. 
  1.15     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.16  84.029, subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
  1.18  AND OPERATION.] In addition to other lawful authority, the 
  1.19  commissioner of natural resources may establish, develop, 
  1.20  maintain, and operate recreational areas, including but not 
  1.21  limited to trails and canoe routes, for the use and enjoyment of 
  1.22  the public on any state-owned or leased land under the 
  1.23  commissioner's jurisdiction.  The commissioner may employ and 
  1.24  designate individuals according to section 85.04 84.0835 to 
  1.25  enforce laws governing the use of recreational areas. 
  1.26     Sec. 3.  [84.0835] [DESIGNATION OF EMPLOYEES FOR LIMITED 
  1.27  NATURAL RESOURCES LAW ENFORCEMENT.] 
  2.1      Subdivision 1.  [COMMISSIONER'S AUTHORITY TO DESIGNATE 
  2.2   EMPLOYEES.] As provided in this section, the commissioner may 
  2.3   designate by written order certain employees to enforce laws 
  2.4   governing the use of state parks, state monuments, state 
  2.5   recreation areas, state waysides, forest subareas, forest lands 
  2.6   under the authority of the commissioner when incidental to trail 
  2.7   management or normal forestry duties, and game preserves and 
  2.8   other lands administered as wildlife management areas.  The 
  2.9   designation by the commissioner is not subject to rulemaking 
  2.10  under chapter 14 and section 14.386 does not apply. 
  2.11     Subd. 2.  [DESIGNATED EMPLOYEE AUTHORITIES; GENERALLY.] An 
  2.12  employee designated under subdivision 1: 
  2.13     (1) has citizen arrest powers according to sections 629.37 
  2.14  to 629.39; 
  2.15     (2) may issue citations, on a form prescribed by the 
  2.16  commissioner, in lieu of arrest for petty misdemeanor violations 
  2.17  and misdemeanor violations, unless the violation occurs in the 
  2.18  presence of a conservation officer or other peace officer, as 
  2.19  defined under section 626.84, subdivision 1, paragraph (c); and 
  2.20     (3) may issue a report of violation to be turned over to a 
  2.21  conservation officer or other peace officer for possible charges 
  2.22  at the peace officer's discretion. 
  2.23     Subd. 3.  [CITATION AUTHORITY.] Employees designated by the 
  2.24  commissioner under subdivision 1 may issue citations, as 
  2.25  specifically authorized under this subdivision, for violations 
  2.26  of: 
  2.27     (1) sections 85.052, subdivision 3 (payment of camping fees 
  2.28  in state parks) and 85.45, subdivision 1 (cross country ski 
  2.29  pass); 
  2.30     (2) rules relating to hours and days of operation, 
  2.31  restricted areas, noise, fireworks, environmental protection, 
  2.32  fires and refuse, pets, picnicking, camping and dispersed 
  2.33  camping, nonmotorized uses, construction of unauthorized 
  2.34  permanent trails, mooring of boats, fish cleaning, swimming, 
  2.35  storage and abandonment of personal property, structures and 
  2.36  stands, animal trespass, state park individual and group motor 
  3.1   vehicle permits, licensed motor vehicles, designated roads, and 
  3.2   snowmobile operation off trails; 
  3.3      (3) rules relating to off-highway vehicle registration, 
  3.4   display of registration numbers, required equipment, operation 
  3.5   restrictions, off-trail use for hunting and trapping, and 
  3.6   operation in lakes, rivers, and streams; 
  3.7      (4) rules relating to off-highway vehicle and snowmobile 
  3.8   operation causing damage or in closed areas within the Richard J.
  3.9   Dorer Memorial Hardwood State Forest; 
  3.10     (5) rules relating to parking, snow removal, and damage on 
  3.11  state forest roads; and 
  3.12     (6) rules relating to controlled hunting zones on major 
  3.13  wildlife management units. 
  3.14     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  3.15  84A.02, is amended to read: 
  3.16     84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 
  3.17     (a) The Department of Natural Resources shall manage and 
  3.18  control the Red Lake Game Preserve.  The department may adopt 
  3.19  and enforce rules for the care, preservation, protection, 
  3.20  breeding, propagation, and disposition of all species of 
  3.21  wildlife in the preserve.  The department may adopt and enforce 
  3.22  rules for the regulation, issuance, sale, and revocation of 
  3.23  special licenses or special permits for hunting, fishing, 
  3.24  camping, and other uses of this area, consistent with sections 
  3.25  84A.01 to 84A.11.  The department may by rule set the terms, 
  3.26  conditions, and charges for these licenses and permits. 
  3.27     (b) The rules may specify and control the terms under which 
  3.28  wildlife may be taken, captured, or killed in the preserve, and 
  3.29  under which fur-bearing animals, or animals and fish otherwise 
  3.30  having commercial value, may be taken, captured, trapped, 
  3.31  killed, sold, and removed from it.  These rules may also provide 
  3.32  for (1) the afforestation and reforestation of state lands in 
  3.33  the preserve, (2) the sale of merchantable timber from these 
  3.34  lands when, in the opinion of the department, it can be sold and 
  3.35  removed without damage or injury to the further use and 
  3.36  development of the land for wildlife and game in the preserve, 
  4.1   and (3) the purposes for which the preserve is established by 
  4.2   sections 84A.01 to 84A.11. 
  4.3      (c) The department may provide for the policing of the 
  4.4   preserve as necessary for its proper development and use for the 
  4.5   purposes specified.  The commissioner of natural resources may 
  4.6   employ and designate individuals according to section 85.04 
  4.7   84.0835 to enforce laws governing the use of the preserve. 
  4.8      (d) The department shall also adopt and enforce rules 
  4.9   concerning the burning of grass, timber slashings, and other 
  4.10  flammable matter, and the clearing, development, and use of 
  4.11  lands in the preserve as necessary to prevent forest fires and 
  4.12  grass fires that would injure the use and development of this 
  4.13  area for wildlife preservation and propagation and to protect 
  4.14  its forest and wooded areas. 
  4.15     (e) Lands within the preserve are subject to the rules, 
  4.16  whether owned by the state or privately, consistent with the 
  4.17  rights of the private owners and with applicable state law.  The 
  4.18  rules may establish areas and zones within the preserve where 
  4.19  hunting, fishing, trapping, or camping is prohibited or 
  4.20  specially regulated, to protect and propagate particular 
  4.21  wildlife in the preserve.  
  4.22     (f) Rules adopted under sections 84A.01 to 84A.11 must be 
  4.23  posted on the boundaries of the preserve.  
  4.24     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  4.25  84A.21, is amended to read: 
  4.26     84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 
  4.27     (a) The department shall manage and control each project 
  4.28  approved and accepted under section 84A.20.  The department may 
  4.29  adopt and enforce rules for the purposes in section 84A.20, 
  4.30  subdivision 1, for the prevention of forest fires in the 
  4.31  projects, and for the sale of merchantable timber from lands so 
  4.32  acquired by the state when, in the opinion of the department, 
  4.33  the timber may be sold and removed without damage to the project.
  4.34     (b) These rules may relate to the care, preservation, 
  4.35  protection, breeding, propagation, and disposition of any 
  4.36  species of wildlife in the project and the regulation, issuance, 
  5.1   sale, and revocation of special licenses or special permits for 
  5.2   hunting, fishing, camping, and other uses of the areas 
  5.3   consistent with applicable state law. 
  5.4      (c) The department may provide for the policing of each 
  5.5   project as needed for the proper development, use, and 
  5.6   protection of the project and its purposes.  The commissioner of 
  5.7   natural resources may employ and designate individuals according 
  5.8   to section 85.04 84.0835 to enforce laws governing the use of 
  5.9   the projects. 
  5.10     (d) Lands within a project are subject to these rules, 
  5.11  whether owned by the state or privately, consistent with the 
  5.12  rights of the private owners or with applicable state law.  The 
  5.13  rules must be published once in one qualified newspaper in each 
  5.14  county affected and take effect after publication.  They must 
  5.15  also be posted on the boundaries of each project affected.  
  5.16     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  5.17  84A.32, subdivision 1, is amended to read: 
  5.18     Subdivision 1.  [RULES.] (a) The department shall manage 
  5.19  and control each project approved and accepted under section 
  5.20  84A.31.  The department may adopt and enforce rules for the 
  5.21  purposes in section 84A.31, subdivision 1, for the prevention of 
  5.22  forest fires in the projects, and for the sale of merchantable 
  5.23  timber from lands acquired by the state in the projects when, in 
  5.24  the opinion of the department, the timber may be sold and 
  5.25  removed without damage to the purposes of the projects.  Rules 
  5.26  must not interfere with, destroy, or damage any privately owned 
  5.27  property without just compensation being made to the owner of 
  5.28  the private property by purchase or in lawful condemnation 
  5.29  proceedings.  The rules may relate to the care, preservation, 
  5.30  protection, breeding, propagation, and disposition of any 
  5.31  species of wildlife in the projects and the regulation, 
  5.32  issuance, sale, and revocation of special licenses or special 
  5.33  permits for hunting, fishing, camping, or other uses of these 
  5.34  areas consistent with applicable state law. 
  5.35     (b) The department may provide for the policing of each 
  5.36  project as necessary for the proper development, use, and 
  6.1   protection of the project, and of its purpose.  The commissioner 
  6.2   of natural resources may employ and designate individuals 
  6.3   according to section 85.04 84.0835 to enforce laws governing the 
  6.4   use of the projects. 
  6.5      (c) Lands within the project are subject to these rules, 
  6.6   whether owned by the state, or privately, consistent with the 
  6.7   constitutional rights of the private owners or with applicable 
  6.8   state law.  The department may exclude from the operation of the 
  6.9   rules any lands owned by private individuals upon which taxes 
  6.10  are delinquent for three years or less.  Rules must be published 
  6.11  once in the official newspaper of each county affected and take 
  6.12  effect 30 days after publication.  They must also be posted on 
  6.13  each of the four corners of each township of each project 
  6.14  affected. 
  6.15     (d) In the management, operation, and control of areas 
  6.16  taken for afforestation, reforestation, flood control projects, 
  6.17  and wild game and fishing reserves, nothing shall be done that 
  6.18  will in any manner obstruct or interfere with the operation of 
  6.19  ditches or drainage systems existing within the areas, or damage 
  6.20  or destroy existing roads or highways within these areas or 
  6.21  projects, unless the ditches, drainage systems, roads, or 
  6.22  highways are first taken under the right of eminent domain and 
  6.23  compensation made to the property owners and municipalities 
  6.24  affected and damaged.  Each area or project shall contribute 
  6.25  from the funds of the project, in proportion of the state land 
  6.26  within the project, for the construction and maintenance of 
  6.27  roads and highways necessary within the areas and projects to 
  6.28  give the settlers and private owners within them access to their 
  6.29  land.  The department may construct and maintain roads and 
  6.30  highways within the areas and projects as it considers necessary.
  6.31     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  6.32  84A.55, subdivision 8, is amended to read: 
  6.33     Subd. 8.  [POLICING.] The commissioner may police the game 
  6.34  preserves, areas, and projects as necessary to carry out this 
  6.35  section.  The commissioner may employ and designate individuals 
  6.36  according to section 85.04 84.0835 to enforce laws governing the 
  7.1   use of the game preserves, areas, and projects. 
  7.2      Sec. 8.  Minnesota Statutes 2003 Supplement, section 85.04, 
  7.3   subdivision 2, is amended to read: 
  7.4      Subd. 2.  [OTHER EMPLOYEES.] Until August 1, 2004, The 
  7.5   commissioner of natural resources may designate certain 
  7.6   employees according to section 84.0835 to enforce laws governing 
  7.7   the use of state parks, state monuments, state recreation areas, 
  7.8   state waysides, state forest lands when incidental to normal 
  7.9   forestry duties, and state forest subareas.  The designation by 
  7.10  the commissioner is not subject to rulemaking under chapter 14.