SF 502

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

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying enforcement 
  1.3             authority; amending Minnesota Statutes 2002, sections 
  1.4             84.029, subdivision 1; 84A.02; 84A.21; 84A.32, 
  1.5             subdivision 1; 84A.55, subdivision 8; 85.04. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 84.029, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
  1.10  AND OPERATION.] In addition to other lawful authority, the 
  1.11  commissioner of natural resources may establish, develop, 
  1.12  maintain, and operate recreational areas, including but not 
  1.13  limited to trails and canoe routes, for the use and enjoyment of 
  1.14  the public on any state-owned or leased land under the 
  1.15  commissioner's jurisdiction.  Each employee of the department of 
  1.16  natural resources, while engaged in employment in connection 
  1.17  with such recreational areas, has and possesses the authority 
  1.18  and power of a peace officer when so designated by the 
  1.19  commissioner The commissioner may employ and designate 
  1.20  individuals according to section 85.04 to enforce laws governing 
  1.21  the use of recreational areas. 
  1.22     Sec. 2.  Minnesota Statutes 2002, section 84A.02, is 
  1.23  amended to read: 
  1.24     84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 
  1.25     (a) The department of natural resources shall manage and 
  2.1   control the Red Lake game preserve.  The department may adopt 
  2.2   and enforce rules for the care, preservation, protection, 
  2.3   breeding, propagation, and disposition of all species of 
  2.4   wildlife in the preserve.  The department may adopt and enforce 
  2.5   rules for the regulation, issuance, sale, and revocation of 
  2.6   special licenses or special permits for hunting, fishing, 
  2.7   camping, and other uses of this area, consistent with sections 
  2.8   84A.01 to 84A.11.  The department may by rule set the terms, 
  2.9   conditions, and charges for these licenses and permits. 
  2.10     (b) The rules may specify and control the terms under which 
  2.11  wildlife may be taken, captured, or killed in the preserve, and 
  2.12  under which fur-bearing animals, or animals and fish otherwise 
  2.13  having commercial value, may be taken, captured, trapped, 
  2.14  killed, sold, and removed from it.  These rules may also provide 
  2.15  for (1) the afforestation and reforestation of state lands in 
  2.16  the preserve, (2) the sale of merchantable timber from these 
  2.17  lands when, in the opinion of the department, it can be sold and 
  2.18  removed without damage or injury to the further use and 
  2.19  development of the land for wildlife and game in the preserve, 
  2.20  and (3) the purposes for which the preserve is established by 
  2.21  sections 84A.01 to 84A.11. 
  2.22     (c) The department may provide for the policing of the 
  2.23  preserve as necessary for its proper development and use for the 
  2.24  purposes specified.  Supervisors, guards, custodians, and 
  2.25  caretakers assigned to duty in the preserve have the powers of 
  2.26  peace officers while in their employment The commissioner of 
  2.27  natural resources may employ and designate individuals according 
  2.28  to section 85.04 to enforce laws governing the use of the 
  2.29  preserve. 
  2.30     (d) The department shall also adopt and enforce rules 
  2.31  concerning the burning of grass, timber slashings, and other 
  2.32  flammable matter, and the clearing, development, and use of 
  2.33  lands in the preserve as necessary to prevent forest fires and 
  2.34  grass fires that would injure the use and development of this 
  2.35  area for wildlife preservation and propagation and to protect 
  2.36  its forest and wooded areas. 
  3.1      (e) Lands within the preserve are subject to the rules, 
  3.2   whether owned by the state or privately, consistent with the 
  3.3   rights of the private owners and with applicable state law.  The 
  3.4   rules may establish areas and zones within the preserve where 
  3.5   hunting, fishing, trapping, or camping is prohibited or 
  3.6   specially regulated, to protect and propagate particular 
  3.7   wildlife in the preserve.  
  3.8      (f) Rules adopted under sections 84A.01 to 84A.11 must be 
  3.9   posted on the boundaries of the preserve.  
  3.10     Sec. 3.  Minnesota Statutes 2002, section 84A.21, is 
  3.11  amended to read: 
  3.12     84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 
  3.13     (a) The department shall manage and control each project 
  3.14  approved and accepted under section 84A.20.  The department may 
  3.15  adopt and enforce rules for the purposes in section 84A.20, 
  3.16  subdivision 1, for the prevention of forest fires in the 
  3.17  projects, and for the sale of merchantable timber from lands so 
  3.18  acquired by the state when, in the opinion of the department, 
  3.19  the timber may be sold and removed without damage to the project.
  3.20     (b) These rules may relate to the care, preservation, 
  3.21  protection, breeding, propagation, and disposition of any 
  3.22  species of wildlife in the project and the regulation, issuance, 
  3.23  sale, and revocation of special licenses or special permits for 
  3.24  hunting, fishing, camping, and other uses of the areas 
  3.25  consistent with applicable state law. 
  3.26     (c) The department may provide for the policing of each 
  3.27  project as needed for the proper development, use, and 
  3.28  protection of the project and its purposes.  Supervisors, 
  3.29  guards, custodians, and caretakers assigned to duty in any 
  3.30  project have the powers of peace officers while employed by the 
  3.31  department The commissioner of natural resources may employ and 
  3.32  designate individuals according to section 85.04 to enforce laws 
  3.33  governing the use of the projects. 
  3.34     (d) Lands within a project are subject to these rules, 
  3.35  whether owned by the state or privately, consistent with the 
  3.36  rights of the private owners or with applicable state law.  The 
  4.1   rules must be published once in one qualified newspaper in each 
  4.2   county affected and take effect after publication.  They must 
  4.3   also be posted on the boundaries of each project affected.  
  4.4      Sec. 4.  Minnesota Statutes 2002, section 84A.32, 
  4.5   subdivision 1, is amended to read: 
  4.6      Subdivision 1.  [RULES.] (a) The department shall manage 
  4.7   and control each project approved and accepted under section 
  4.8   84A.31.  The department may adopt and enforce rules for the 
  4.9   purposes in section 84A.31, subdivision 1, for the prevention of 
  4.10  forest fires in the projects, and for the sale of merchantable 
  4.11  timber from lands acquired by the state in the projects when, in 
  4.12  the opinion of the department, the timber may be sold and 
  4.13  removed without damage to the purposes of the projects.  Rules 
  4.14  must not interfere with, destroy, or damage any privately owned 
  4.15  property without just compensation being made to the owner of 
  4.16  the private property by purchase or in lawful condemnation 
  4.17  proceedings.  The rules may relate to the care, preservation, 
  4.18  protection, breeding, propagation, and disposition of any 
  4.19  species of wildlife in the projects and the regulation, 
  4.20  issuance, sale, and revocation of special licenses or special 
  4.21  permits for hunting, fishing, camping, or other uses of these 
  4.22  areas consistent with applicable state law. 
  4.23     (b) The department may provide for the policing of each 
  4.24  project as necessary for the proper development, use, and 
  4.25  protection of the project, and of its purpose.  Supervisors, 
  4.26  guards, custodians, and caretakers assigned to duty in a project 
  4.27  have the powers of peace officers while employed by the 
  4.28  department The commissioner of natural resources may employ and 
  4.29  designate individuals according to section 85.04 to enforce laws 
  4.30  governing the use of the projects. 
  4.31     (c) Lands within the project are subject to these rules, 
  4.32  whether owned by the state, or privately, consistent with the 
  4.33  constitutional rights of the private owners or with applicable 
  4.34  state law.  The department may exclude from the operation of the 
  4.35  rules any lands owned by private individuals upon which taxes 
  4.36  are delinquent for three years or less.  Rules must be published 
  5.1   once in the official newspaper of each county affected and take 
  5.2   effect 30 days after publication.  They must also be posted on 
  5.3   each of the four corners of each township of each project 
  5.4   affected. 
  5.5      (d) In the management, operation, and control of areas 
  5.6   taken for afforestation, reforestation, flood control projects, 
  5.7   and wild game and fishing reserves, nothing shall be done that 
  5.8   will in any manner obstruct or interfere with the operation of 
  5.9   ditches or drainage systems existing within the areas, or damage 
  5.10  or destroy existing roads or highways within these areas or 
  5.11  projects, unless the ditches, drainage systems, roads, or 
  5.12  highways are first taken under the right of eminent domain and 
  5.13  compensation made to the property owners and municipalities 
  5.14  affected and damaged.  Each area or project shall contribute 
  5.15  from the funds of the project, in proportion of the state land 
  5.16  within the project, for the construction and maintenance of 
  5.17  roads and highways necessary within the areas and projects to 
  5.18  give the settlers and private owners within them access to their 
  5.19  land.  The department may construct and maintain roads and 
  5.20  highways within the areas and projects as it considers necessary.
  5.21     Sec. 5.  Minnesota Statutes 2002, section 84A.55, 
  5.22  subdivision 8, is amended to read: 
  5.23     Subd. 8.  [POLICING.] The commissioner may police the game 
  5.24  preserves, areas, and projects as necessary to carry out this 
  5.25  section.  Persons assigned to the policing have the powers of 
  5.26  police officers while so engaged The commissioner may employ and 
  5.27  designate individuals according to section 85.04 to enforce laws 
  5.28  governing the use of the game preserves, areas, and projects. 
  5.29     Sec. 6.  Minnesota Statutes 2002, section 85.04, is amended 
  5.30  to read: 
  5.31     85.04 [ENFORCEMENT EMPLOYEES AS PEACE OFFICERS.] 
  5.32     Subdivision 1.  [PEACE OFFICER EMPLOYMENT.] All 
  5.33  supervisors, guards, custodians, keepers, and caretakers The 
  5.34  commissioner of natural resources may employ peace officers as 
  5.35  defined under section 626.84, subdivision 1, paragraph (c), to 
  5.36  enforce laws governing the use of state parks, state monuments, 
  6.1   state recreation areas, and state waysides shall have and 
  6.2   possess the authority and powers of peace officers while in 
  6.3   their employment.  
  6.4      Subd. 2.  [OTHER EMPLOYEES.] The commissioner may designate 
  6.5   employees to monitor laws governing the use of state parks, 
  6.6   state monuments, state recreation areas, state waysides, and 
  6.7   state forest subareas.  The employees shall: 
  6.8      (1) have citizen arrest powers as defined in sections 
  6.9   629.37 to 629.39; 
  6.10     (2) issue warning citations on a form prescribed by the 
  6.11  commissioner for petty misdemeanor violations and misdemeanor 
  6.12  offenses; and 
  6.13     (3) issue a report of violation to be turned over to a 
  6.14  conservation officer or other peace officer, as defined under 
  6.15  section 626.84, subdivision 1, paragraph (c), for possible 
  6.16  charges at the peace officer's discretion.