SF 1533

as introduced - 92nd Legislature (2021 - 2022) Posted on 07/20/2021 03:40pm

A bill for an act
relating to natural resources; establishing account to invest financial assurance
money from permits to mine; modifying certain submission deadline; modifying
provisions for state park permits; prohibiting shooting at decoys from motor
vehicles; establishing blaze orange or blaze pink requirements for ground blinds;
modifying restrictions on motorized decoys; modifying provisions for taking
turtles; appropriating money; amending Minnesota Statutes 2020, sections 84.946,
subdivision 4; 85.054, subdivision 1; 97B.055, subdivision 2; 97B.071; 97B.811,
subdivision 4a; 97C.605, subdivision 3; 97C.611; proposing coding for new law
in Minnesota Statutes, chapter 11A.

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

Section 1.

new text begin [11A.236] ACCOUNT TO INVEST FINANCIAL ASSURANCE MONEY
FROM PERMITS TO MINE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; appropriation. new text end

new text begin (a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account is restricted
to the financial assurance purposes identified in sections 93.46 to 93.51 and rules adopted
thereunder and as authorized under any trust fund agreements or other conditions established
under a permit to mine.
new text end

new text begin (b) Money in an account established under paragraph (a) is appropriated to the
commissioner for the purposes for which the account is established under this section.
new text end

new text begin Subd. 2. new text end

new text begin Account maintenance and investment. new text end

new text begin The commissioner of natural resources
may deposit money in the appropriate account and may withdraw money from the appropriate
account for the financial assurance purposes identified in sections 93.46 to 93.51 and rules
adopted thereunder and as authorized under any trust fund agreements or other conditions
established under the permit to mine for which the financial assurance is provided, subject
to the policies and procedures of the State Board of Investment. Investment strategies related
to an account established under this section must be determined jointly by the commissioner
of natural resources and the executive director of the State Board of Investment. The
authorized investments for an account are the investments authorized under section 11A.24
that are made available for investment by the State Board of Investment. Investment
transactions must be at a time and in a manner determined by the executive director of the
State Board of Investment. Decisions to withdraw money from the account must be
determined by the commissioner of natural resources, subject to the policies and procedures
of the State Board of Investment. Investment earnings must be credited to the appropriate
account for financial assurance under the identified permit to mine. An account may be
terminated by the commissioner of natural resources at any time, so long as the termination
is in accordance with applicable statutes, rules, trust fund agreements, or other conditions
established under the permit to mine, subject to the policies and procedures of the State
Board of Investment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 84.946, subdivision 4, is amended to read:

Subd. 4.

Priorities; report.

The commissioner of natural resources must establish
priorities for natural resource asset preservation and replacement projects. By deleted text begin January 15 deleted text end new text begin
March 1 new text end 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.

Sec. 3.

Minnesota Statutes 2020, section 85.054, subdivision 1, is amended to read:

Subdivision 1.

State Park Open House Days.

(a) A state park permit is not required
for a motor vehicle to enter a state park, state monument, state recreation area, or state
wayside, on four days each calendar year at each park, which the commissioner shall
designate as State Park Open House Days. The commissioner may designate two consecutive
days as State Park Open House Days, if the open house is held in conjunction with a special
pageant described in section 85.052, subdivision 2.

(b) The commissioner shall announce the date of each State Park Open House Day at
least 30 days in advance of the date it occurs.

(c) The purpose of State Park Open House Days is to acquaint the public with state
parks, recreation areas, and waysides.

new text begin (d) On State Park Open House Days, registered overnight guests in state parks and state
recreation areas are exempt from the requirements for a state park permit under section
85.053 until after the camping or lodging check-out time of the following day in the park
where the overnight stay occurred.
new text end

Sec. 4.

Minnesota Statutes 2020, section 97B.055, subdivision 2, is amended to read:

Subd. 2.

Restrictions related to motor vehicles.

new text begin (a) new text end A person may not take a wild
animal with a firearm or by archery from a motor vehicle except as permitted in this section.

new text begin (b) A person may not shoot at a decoy of a wild animal that is placed by a licensed peace
officer by:
new text end

new text begin (1) discharging a firearm from a motor vehicle; or
new text end

new text begin (2) discharging an arrow from a bow from a motor vehicle.
new text end

new text begin (c) new text end Notwithstanding section 97B.091, a person may transport a bow uncased while in a
motorized watercraft and may take rough fish while in the boat as provided in section
97C.376, subdivision 3.

Sec. 5.

Minnesota Statutes 2020, section 97B.071, is amended to read:

97B.071 CLOTHING new text begin AND GROUND BLIND new text end REQUIREMENTS; BLAZE
ORANGE OR BLAZE PINK.

(a) Except as provided in rules adopted under paragraph deleted text begin (c) deleted text end new text begin (d) new text end , a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze
pink includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within
each foot square. This section does not apply to migratory-waterfowl hunters on waters of
this state or in a stationary shooting location or to trappers on waters of this state.

new text begin (b) Except as provided in rules adopted under paragraph (d) and in addition to the
requirements under paragraph (a), during the open season where deer may be taken by
firearms under applicable laws and ordinances, a person in a fabric or synthetic ground
blind on public land must have:
new text end

new text begin (1) a blaze orange or blaze pink safety covering on the top of the blind visible for 360
degrees around the blind; or
new text end

new text begin (2) at least 144 square inches of blaze orange or blaze pink material on each side of the
blind.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Except as provided in rules adopted under paragraph deleted text begin (c) deleted text end new text begin (d) new text end , and in addition to
the deleted text begin requirement deleted text end new text begin requirements new text end in deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) new text begin and (b) new text end , a person may not take
small game other than turkey, migratory birds, raccoons, and predators, except while trapping,
unless a visible portion of at least one article of the person's clothing above the waist is
blaze orange or blaze pink. This paragraph does not apply to a person when in a stationary
location while hunting deer by archery or when hunting small game by falconry.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner may, by rule, prescribe an alternative color in cases where
deleted text begin paragraph (a) or (b) deleted text end new text begin paragraphs (a) to (c) new text end would violate the Religious Freedom Restoration
Act of 1993, Public Law 103-141.

deleted text begin (d) deleted text end new text begin (e) new text end A violation of paragraph deleted text begin (b) shall deleted text end new text begin (c) does new text end not result in a penalty, but is punishable
only by a safety warning.

Sec. 6.

Minnesota Statutes 2020, section 97B.811, subdivision 4a, is amended to read:

Subd. 4a.

Restrictions on certain motorized decoys.

deleted text begin From the opening day of the duck
season through the Saturday nearest October 8, a person may not use a motorized decoy,
or other motorized device designed to attract migratory waterfowl. deleted text end During the deleted text begin remainder
of the deleted text end duck season, the commissioner may, by rule, designate all or any portion of a wetland
or lake closed to the use of motorized decoys or motorized devices designed to attract
migratory waterfowl. deleted text begin On water bodies and lands fully contained within wildlife management
area boundaries, a person may not use motorized decoys or motorized devices designed to
attract migratory waterfowl at any time during the duck season.
deleted text end

Sec. 7.

Minnesota Statutes 2020, section 97C.605, subdivision 3, is amended to read:

Subd. 3.

Taking; methods prohibited.

(a) A person may new text begin not new text end take turtles deleted text begin in any manner,
except deleted text end by deleted text begin the use of deleted text end new text begin using new text end :

(1) explosives, drugs, poisons, lime, and other harmful substances;

(2) traps, except as provided in paragraph (b) and rules adopted under this section;

(3) nets other than anglers' fish landing nets; deleted text begin or
deleted text end

(4) commercial equipment, except as provided in rules adopted under this section deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) firearms and ammunition;
new text end

new text begin (6) bow and arrow or crossbow; or
new text end

new text begin (7) spears, harpoons, or any other implements that impale turtles.
new text end

(b) Until new rules are adopted under this section, a person with a turtle seller's license
may take turtles with a floating turtle trap that:

(1) has one or more openings above the water surface that measure at least ten inches
by four inches; and

(2) has a mesh size of not less than one-half inch, bar measure.

Sec. 8.

Minnesota Statutes 2020, section 97C.611, is amended to read:

97C.611 deleted text begin SNAPPING TURTLES deleted text end new text begin TURTLE SPECIES new text end ; LIMITS.

new text begin Subdivision 1. new text end

new text begin Snapping turtles. new text end

A person may not possess more than three snapping
turtles of the species Chelydra serpentina without a turtle seller's license. Until new rules
are adopted under section 97C.605, a person may not take snapping turtles of a size less
than ten inches wide including curvature, measured from side to side across the shell at
midpoint. After new rules are adopted under section 97C.605, a person may only take
snapping turtles of a size specified in the adopted rules.

new text begin Subd. 2. new text end

new text begin Western painted turtles. new text end

new text begin (a) A person may not possess more than three Western
painted turtles of the species Chrysemys picta without a turtle seller's license. Western
painted turtles must be between 4 and 5-1/2 inches in shell length.
new text end

new text begin (b) This subdivision does not apply to persons acting under section 97C.605, subdivision
2c, clause (4).
new text end

new text begin Subd. 3. new text end

new text begin Spiny softshell. new text end

new text begin A person may not possess spiny softshell turtles of the species
Apalone spinifera after December 1, 2021, without an aquatic farm or private fish hatchery
license with a turtle endorsement.
new text end

new text begin Subd. 4. new text end

new text begin Other species. new text end

new text begin A person may not possess any other species of turtle without
an aquatic farm or private fish hatchery license with a turtle endorsement or as specified
under section 97C.605, subdivision 2c.
new text end