as introduced - 90th Legislature (2017 - 2018) Posted on 05/14/2018 05:12pm
A bill for an act
relating to natural resources; modifying provisions for legal representation of
department; providing for training and licensing of wildland firefighters; modifying
provisions for approved firewood; amending Minnesota Statutes 2016, sections
88.10, by adding a subdivision; 88.75, subdivision 1; 89.551; Minnesota Statutes
2017 Supplement, section 84.01, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2017 Supplement, section 84.01, subdivision 6, is amended
The commissioner of natural resources 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 commissionernew text beginnew text end.
Minnesota Statutes 2016, section 88.10, is amended by adding a subdivision to
new text begin new text end
Minnesota Statutes 2016, section 88.75, subdivision 1, is amended to read:
new text beginnew text endAny person
who violates any of the provisions of sections 88.03 to 88.22 for which no specific penalty
is therein prescribed shall be guilty of a misdemeanor and be punished accordingly.
new text beginnew text endFailure by any person to comply with any provision or requirement of sections 88.03
to 88.22 to which such person is subject shall be deemed a violation thereof.
new text beginnew text endAny person who violates deleted text beginany provisions ofdeleted text end sections 88.03 to 88.22, in addition to
any penalties therein prescribed, or hereinbefore in this section prescribed, for such violation,
shall also be liable in full damages to any and every person suffering loss or injury by reason
of such violation, including liability to the state, and any of its political subdivisions, for
all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire
caused by, or resulting from, any violation of these sections.new text beginnew text end All expenses
so collected by the state shall be deposited in the general fund. When a fire set by any person
spreads to and damages or destroys property belonging to another, the setting of the fire
shall be prima facie evidence of negligence in setting and allowing the same to spread.
new text beginnew text endAt any time the state, or any political subdivision thereof, either of its own motion,
or at the suggestion or request of the director, may bring an action in any court of competent
jurisdiction to restrain, enjoin, or otherwise prohibit any violation of sections 88.03 to 88.22,
whether therein described as a crime or not, and likewise to restrain, enjoin, or prohibit any
person from proceeding further in, with, or at any timber cutting or other operations without
complying with the provisions of those sections, or the requirements of the director pursuant
thereto; and the court may grant such relief, or any other appropriate relief, whenever it
shall appear that the same may prevent loss of life or property by fire, or may otherwise aid
in accomplishing the purposes of sections 88.03 to 88.22.
Minnesota Statutes 2016, section 89.551, is amended to read:
(a) After the commissioner issues an order under paragraph (b), a person may not possess
firewood on land administered by the commissioner of natural resources unless the firewood:
(1) was obtained from a firewood distribution facility located on land administered by
(2) was obtained from a firewood dealer who is selling firewood that is approved by the
commissioner under paragraph (b); or
(3) has been approved by the commissioner of natural resources under paragraph (b).
(b) The commissioner of natural resources shall, by written order published in the State
Register, approve firewood for possession on lands administered by the commissioner. The
order is not subject to the rulemaking provisions of chapter 14new text beginnew text end and section 14.386 does not
(c) A violation under this section is subject to confiscation of firewood deleted text beginand after May
1, 2008, confiscationdeleted text end and a $100 penalty. deleted text beginA firewood dealer shall be subject to confiscation
and assessed a $100 penalty for each sale of firewood not approved under the provisions
of this section and sold for use on land administered by the commissioner.
deleted text end
(d) For the purposes of this section, "firewood" means any wood that is intended for use
in a campfire, as defined in section 88.01, subdivision 25.