Minnesota Legislature
SF 2973
3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 3rd Engrossment
2.24 2.25
2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 3.1 3.2 3.3 3.4
3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19
3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12
4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22 4.23 4.24 4.25 4.26 4.27 4.28
4.29 4.30 4.31 4.32
5.1 5.2 5.3 5.4
5.5 5.6 5.7 5.8 5.9 5.10
5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27
5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9
6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20
6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28
7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10
8.11 8.12 8.13 8.14 8.15 8.16
8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27
8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13
9.14 9.15 9.16 9.17 9.18 9.19 9.20
9.21 9.22 9.23
9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19
11.20 11.21 11.22 11.23 11.24 11.25
11.26 11.27 11.28 11.29 11.30
11.31 11.32
12.1 12.2 12.3 12.4
12.5 12.6
12.7 12.8 12.9 12.10 12.11 12.12
12.13 12.14 12.15 12.16
12.17 12.18 12.19 12.20
12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19
13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33
14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16
14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27
15.28 15.29 15.30 15.31 15.32 15.33
15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11
16.12 16.13 16.14 16.15 16.16
16.17 16.18 16.19
16.20 16.21 16.22 16.23 16.24
16.25 16.26 16.27 16.28 16.29
16.30 16.31 17.1 17.2
17.3 17.4 17.5 17.6 17.7
17.8 17.9 17.10 17.11 17.12
17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25
17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20
18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14
19.15
19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27
19.28
19.29 19.30 19.31 19.32 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20
20.21 20.22 20.23 20.24 20.25 20.26 20.27
20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2
21.3
21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11
21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29
21.30
21.31 21.32 22.1 22.2 22.3 22.4 22.5 22.6
22.7 22.8 22.9 22.10 22.11 22.12
22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32
23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8
23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27
23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8
24.9 24.10 24.11 24.12 24.13 24.14
24.15
24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2 25.3 25.4
25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17
25.18 25.19 25.20 25.21 25.22
25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18
26.19 26.20 26.21 26.22 26.23
26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8
27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22
27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9
28.10 28.11 28.12 28.13 28.14
28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18
29.19 29.20 29.21 29.22 29.23
29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19
30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22
31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6
32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34
33.1 33.2 33.3 33.4 33.5 33.6
33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34
34.1 34.2 34.3 34.4 34.5
34.6 34.7 34.8
34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22
34.23 34.24 34.25 34.26 34.27 34.28 34.29
34.30 35.1 35.2 35.3
35.4 35.5 35.6 35.7 35.8
35.9 35.10 35.11 35.12 35.13 35.14
35.15
35.16 35.17 35.18 35.19 35.20 35.21
35.22 35.23
35.24 35.25
35.26 35.27
35.28 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26
36.27 36.28 36.29 36.30 36.31
36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9
37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18
37.19
37.20 37.21 37.22 37.23 37.24 37.25
37.26
37.27 37.28 37.29 37.30 37.31
37.32
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12
38.13
38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26
38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2
39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7
40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30
40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18
41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26
41.27 41.28 41.29 41.30 41.31 41.32 41.33
42.1 42.2 42.3 42.4 42.5
42.6 42.7 42.8 42.9 42.10 42.11 42.12
42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27
42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 43.36
44.1 44.2 44.3 44.4
44.5 44.6 44.7
44.8 44.9
44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2 45.3 45.4 45.5 45.6 45.7
45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 46.36 47.1 47.2 47.3 47.4 47.5
47.6 47.7 47.8 47.9
47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22
47.23
47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2
48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14
48.15
48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5
49.6
49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14
49.15
49.16 49.17 49.18 49.19
49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28
49.29 49.30 50.1 50.2
50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12
50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22
50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13
51.14
51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34
52.1
52.2 52.3 52.4 52.5 52.6 52.7 52.8
52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25
52.26
52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5
53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14
53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33
53.34
54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13
54.14
54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26
54.27
54.28 54.29 54.30 54.31
54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11
55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23
55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33
55.34
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15
56.16 56.17
56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33
56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11
57.12 57.13 57.14 57.15 57.16 57.17 57.18
A bill for an act
relating to natural resources; modifying contractual and grant agreement
provisions; excepting the electronic licensing system commission from certain
standing appropriations; modifying snowmobile state trail sticker requirements;
modifying invasive species provisions; modifying certain state trail descriptions;
designating a state trail; modifying authority to mark canoe and boating routes;
modifying certain forestry duties; modifying and providing certain definitions;
providing for land donor appraisal reimbursement; providing for acquisition of
land for certain facilities; providing for disposition of certain receipts; modifying
state park permit provisions; modifying forest services provided to private
owners; granting authority to establish state forest user fees; modifying the
State Timber Act; extending certain pilot programs; granting certain authority
to the Lower Minnesota River Watershed District; exempting counties from
certain rules; requiring reports; eliminating the requirement for a comprehensive
forest resource management plan; creating two classes of all-terrain vehicles;
modifying critical habitat private sector matching account provisions; providing
for and modifying disposition of certain revenue; modifying provisions for
designating game refuges; modifying restrictions on motorized watercraft and
recreational vehicles in wildlife management areas; modifying procedure for
confiscation of property; providing for inspection of equipment used to take wild
animals; modifying certain penalty and fee amounts; modifying certain game
and fish license provisions; modifying firearms possession provisions for persons
under 16; providing for collecting antler sheds; modifying certain provisions for
taking and possessing game and fish; modifying restrictions on using lights to
locate animals; modifying provisions for fishing contests; modifying regulation
of all-terrain vehicles and snowmobiles; requiring rulemaking; requiring a report;
removing a spearing restriction; modifying certain provisions for economic
development; modifying water use surcharge provisions; modifying water
aeration safety provisions; amending Minnesota Statutes 2004, sections 43A.08,
subdivision 1a; 80C.01, subdivision 4; 84.026; 84.085, subdivision 1; 84.0911, as
amended; 84.8205, subdivision 2; 84.92, subdivision 8, by adding subdivisions;
84.928, by adding a subdivision; 84.943, subdivision 3; 84D.01, subdivisions
9a, 13, 15, 16; 84D.02, subdivision 2; 85.015, subdivisions 2, 7, 8, 11, 12, by
adding a subdivision; 85.052, subdivision 4; 85.053, by adding a subdivision;
85.054, by adding a subdivision; 85.32, subdivision 1; 88.79, subdivision 1;
89.01, subdivision 1; 90.14; 90.151, subdivisions 1, 6, by adding a subdivision;
97A.015, subdivision 18, by adding subdivisions; 97A.045, subdivision 11;
97A.055, subdivision 2; 97A.065, subdivision 2; 97A.075, subdivision 1;
97A.085, subdivision 4; 97A.101, subdivision 4; 97A.221, subdivisions 3, 4;
97A.225, subdivisions 2, 5; 97A.251, subdivision 1; 97A.321; 97A.465, by
adding a subdivision; 97A.475, subdivisions 2, 20; 97A.535, subdivision 1;
97B.021, by adding a subdivision; 97B.081, subdivision 1; 97B.301, subdivision
7; 97B.311; 97C.025; 97C.081, subdivisions 4, 6, 8, 9; 97C.205; 97C.315,
subdivision 2; 97C.355, subdivision 7; 97C.371, subdivisions 3, 4; 103D.271,
subdivision 7; 103G.611, by adding a subdivision; 103I.005, subdivision 9;
115B.48, subdivision 3; 116J.421, subdivision 3; 116L.04, subdivisions 1, 1a;
116L.12, subdivision 4; 183.02, by adding a subdivision; 216C.41, subdivision
4; 298.22, subdivisions 1, 8, by adding a subdivision; 298.2213, subdivision
4; 298.223, subdivisions 2, 3; 446A.03, subdivision 5; 446A.072, subdivision
7; 446A.12, subdivision 1; 469.312, subdivision 5; Minnesota Statutes 2005
Supplement, sections 84.8205, subdivision 1; 84.9256, subdivision 1; 84.9257;
84.926, subdivision 4; 84.928, subdivision 1; 85.015, subdivision 5; 85.053,
subdivision 2; 85.055, subdivision 1; 88.17, subdivision 5; 97A.405, subdivision
4; 97A.475, subdivision 3; 97A.551, subdivision 6; 103G.271, subdivision 6;
115C.09, subdivision 3j; 216C.052, subdivisions 3, 4; 216C.41, subdivision 3;
298.296, subdivision 1; 298.298; 327.201; Laws 2003, chapter 128, article 1,
section 165; Laws 2005, First Special Session chapter 1, article 3, section 17;
proposing coding for new law in Minnesota Statutes, chapters 80C; 85; 89; 90;
97B; repealing Minnesota Statutes 2004, sections 89.011, subdivisions 1, 2, 3, 6;
97C.355, subdivision 6; 103D.271, subdivision 6; 103G.611, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
NATURAL RESOURCES TECHNICAL AMENDMENTS
Section 1.
Minnesota Statutes 2004, section 84.026, is amended to read:
84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL
RESOURCES SERVICES.
new text begin Subdivision 1. new text end
new text begin Contracts. new text end
The commissioner of natural resources is authorized
to enter into contractual deleted text begin or grantdeleted text end agreements with any public or private entity for the
provision of statutorily prescribed natural resources services by deleted text begin or fordeleted text end the department.
The contracts deleted text begin or grantsdeleted text end shall specify the services to be provided deleted text begin and, where services are
being provided for the department, the amount and method of payment after services
are rendereddeleted text end . Funds generated in a contractual agreement made pursuant to this section
shall be deposited in the special revenue fund and are appropriated to the department for
purposes of providing the services specified in the contracts. deleted text begin All contractual and grant
agreements shall be processed in accordance with the provisions of section 16C.05.deleted text end The
commissioner shall report revenues collected and expenditures made under this deleted text begin sectiondeleted text end new text begin
subdivisionnew text end to the chairs of the Committees on Ways and Means in the house and Finance
in the senate by January 1 of each odd-numbered year.
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
The commissioner is authorized to enter into grant agreements for
the provision of statutorily prescribed natural resources services with any public or private
entity. The grant agreements shall specify the services to be provided to the department
and the amount and method of payment after services are rendered.
new text end
new text begin Subd. 3. new text end
new text begin Procurement law. new text end
new text begin
All contractual and grant agreements under this section
shall be processed according to section 16C.05.
new text end
Sec. 2.
Minnesota Statutes 2004, section 84.0911, as amended by Laws 2005, First
Special Session chapter 1, article 2, section 17, is amended to read:
84.0911 WILD RICE MANAGEMENT ACCOUNT.
Subdivision 1.
Account established.
The wild rice management account is
established as an account in the game and fish fund.
Subd. 2.
Receipts.
Money received from the sale of wild rice licenses issued by the
commissioner under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4),
and subdivision 3, paragraph (b), deleted text begin except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15,deleted text end shall be credited to
the wild rice management account.
Subd. 3.
Use of money in account.
new text begin Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15,
new text end money in the wild rice management account is annually appropriated to the commissioner
and shall be used for management of designated public waters to improve natural wild
rice production.
Sec. 3.
Minnesota Statutes 2005 Supplement, section 84.8205, subdivision 1, is
amended to read:
Subdivision 1.
Sticker required; fee.
new text begin (a) Except as provided in paragraph (b), new text end a
person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
three-year snowmobile state trail sticker that is purchased at the time of snowmobile
registration is $30. In addition to other penalties prescribed by law, a person in violation of
this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker is
valid from November 1 through April 30. Fees collected under this section, except for the
issuing fee for licensing agents deleted text begin under this section and for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15deleted text end , shall
be deposited in the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund andnew text begin , except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15,new text end must
be used for grants-in-aid, trail maintenance, grooming, and easement acquisition.
new text begin
(b) A state trail sticker is not required under this section for:
new text end
new text begin
(1) a snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;
new text end
new text begin
(2) a snowmobile that is owned and used by the United States, another state, or
a political subdivision thereof that is exempt from registration under section 84.82,
subdivision 6;
new text end
new text begin
(3) a collector snowmobile that is operated as provided in a special permit issued for
the collector snowmobile under section 84.82, subdivision 7a; or
new text end
new text begin
(4) a person operating a snowmobile only on the portion of a trail that is owned by
the person or the person's spouse, child, or parent.
new text end
Sec. 4.
Minnesota Statutes 2004, section 84.8205, subdivision 2, is amended to read:
Subd. 2.
Placement of sticker.
The state trail sticker shall be permanently affixed
to new text begin either:
new text end
new text begin (1) new text end the forward half of the snowmobile directly above or below the headlight of
the snowmobilenew text begin ;
new text end
new text begin
(2) above the expiration year on the top portion of the snowmobile registration
validation decal; or
new text end
new text begin (3) the lower right corner of a registration plate issued to a dealer or manufacturer
under section 84.82, subdivision 3new text end .
Sec. 5.
Minnesota Statutes 2004, section 84D.01, subdivision 9a, is amended to read:
Subd. 9a.
Invasive species.
"Invasive species" means a nonnative species that
deleted text begin can naturalize anddeleted text end :
(1) causes or may cause economic or environmental harm or harm to human health;
or
(2) threatens or may threaten natural resources or the use of natural resources in
the state.
Sec. 6.
Minnesota Statutes 2004, section 84D.01, subdivision 13, is amended to read:
Subd. 13.
Prohibited invasive species.
"Prohibited invasive species" means deleted text begin an
invasivedeleted text end new text begin a nonnativenew text end species that has been designated as a prohibited invasive species in a
rule adopted by the commissioner under section 84D.12.
Sec. 7.
Minnesota Statutes 2004, section 84D.01, subdivision 15, is amended to read:
Subd. 15.
Regulated invasive species.
"Regulated invasive species" means deleted text begin an
invasivedeleted text end new text begin a nonnativenew text end species that has been designated as a regulated invasive species in a
rule adopted by the commissioner under section 84D.12.
Sec. 8.
Minnesota Statutes 2004, section 84D.01, subdivision 16, is amended to read:
Subd. 16.
Transport.
"Transport" means to cause or attempt to cause a species to be
carried or moved into or within the state, and includes accepting or receiving the species
for transportation or shipment. Transport does not include the deleted text begin unintentionaldeleted text end transport
ofnew text begin infested water ornew text end a species within a water of the state or to a connected water of the
state where the species being transported is already present.
Sec. 9.
Minnesota Statutes 2004, section 84D.02, subdivision 2, is amended to read:
Subd. 2.
Purple loosestrifenew text begin , curly-leaf pondweed, new text end and Eurasian water milfoil
programs.
(a) The program required in subdivision 1 must include specific programs to
curb the spread and manage the growth of purple loosestrifenew text begin , curly-leaf pondweed, new text end and
Eurasian water milfoil. These programs must include:
(1) compiling inventories and monitoring the growth of purple loosestrife and
Eurasian water milfoil in the state, for which the commissioner may use volunteers;
(2) publication and distribution of informational materials to boaters and lakeshore
owners;
(3) cooperative research with the University of Minnesota and other public and
private research facilities to study the use of nonchemical control methods, including
biological control methods; and
(4) managing the growth of Eurasian water milfoilnew text begin , curly-leaf pondweed, new text end and purple
loosestrife in coordination with appropriate local units of government, special purpose
districts, and lakeshore associations, to include providing requested technical assistance.
(b) The commissioners of agriculture and transportation shall cooperate with the
commissioner to establish, implement, and enforce the purple loosestrife program.
Sec. 10.
Minnesota Statutes 2004, section 85.015, subdivision 2, is amended to read:
Subd. 2.
Casey Jones Trail, Murray, Redwood, and Pipestone Counties.
(a) The
trail shall originate in Lake Shetek State Park in Murray County and include the six-mile
loop between Currie in Murray County and Lake Shetek State Park. From there, the first
half of the trail shall trail southwesterly to Slayton in Murray County; thence westerly to
the point of intersection with the most easterly terminus of the state-owned abandoned
railroad right-of-way, commonly known as the Casey Jones unit; thence westerly along
said Casey Jones unit to Pipestone in Pipestone County; thence southwesterly to Split
Rock Creek State Park in Pipestone County, and there terminate. The second half of the
trail shall commence in Lake Shetek State Park in Murray County and trail northeasterly to
Walnut Grove in Redwood Countydeleted text begin and there terminatedeleted text end new text begin ; thence northeasterly to Redwood
Falls in Redwood County to join with the Minnesota River State Trailnew text end .
(b) The trail shall be developed as a multiuse, multiseasonal, dual treadway trail.
Nothing herein shall abrogate the purpose for which the Casey Jones unit was originally
established, and the use thereof shall be concurrent.
Sec. 11.
Minnesota Statutes 2005 Supplement, section 85.015, subdivision 5, is
amended to read:
Subd. 5.
Glacial Lakes Trail, Kandiyohi, Pope, new text begin Stearns, new text end and Douglas Counties.
(a) The trail shall originate at Kandiyohi County Park on the north shore of Green Lake
in Kandiyohi County and thence extend northwesterly to Sibley State Park, thence
northwesterly to Glacial Lakes State Park in Pope County, thence northeasterly to Lake
Carlos State Park in Douglas County, and there terminate.
(b) deleted text begin Trails may be established that extend the Glacial Lakes Trail system from New
London to Cold Spring.deleted text end new text begin A segment shall be established beginning in the city of Willmar,
Kandiyohi County, and extending northeasterly into Stearns County.
new text end
(c) The trail shall be developed primarily for riding and hiking.
Sec. 12.
Minnesota Statutes 2004, section 85.015, subdivision 7, is amended to read:
Subd. 7.
Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston
Counties.
(a) The Root River Trail shall originate at Chatfield in Fillmore County, and
thence extend easterly in the Root River Valley to the intersection of the river with
Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.
(b) Additional trails may be established that extend the Blufflands Trail system to
include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston,
Harmony, Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in Fillmore
County; new text begin Rochester, new text end Dover, Eyota, Stewartville, Byron, and Chester Woods County Park in
Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica,
St. Charles, and Elba in Winona County. In addition to the criteria in section 86A.05,
subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible.
(c) The trails shall be developed primarily for nonmotorized riding and hiking.
Sec. 13.
Minnesota Statutes 2004, section 85.015, subdivision 8, is amended to read:
Subd. 8.
Sakatah Singing Hills trail, Blue Earth, Le Sueur, and Rice Counties.
(a) The trail shall originate deleted text begin at mile post 4.1 of the Chicago and Northwestern Railway
Company right-of-way in the junction of Benningdeleted text end new text begin in Mankatonew text end , Blue Earth County, and
shall extend in a northeasterly directionnew text begin on ornew text end along the railroad right-of-way deleted text begin to mile post
46.01 of the Chicago and Northwestern Railway at a point commonly known as Faribault
Junction indeleted text end new text begin intonew text end Rice Countydeleted text begin , a distance of approximately 42 miles, and there terminatedeleted text end .
(b) The trail shall be developed primarily for riding and hiking. Motorized vehicles,
except snowmobiles, are prohibited from the trail.
Sec. 14.
Minnesota Statutes 2004, section 85.015, subdivision 11, is amended to read:
Subd. 11.
Willard Munger Trail, Ramsey,deleted text begin Anoka,deleted text end Washington, Chisago, Pine,
new text begin St. Louis, new text end and Carlton Counties.
(a) The trail shall deleted text begin originate in the vicinity of Arden
Hills, Ramsey County, and thence extend northeasterly, traversing Anoka and Washington
Counties to the vicinity of Taylors Falls in Chisago County; thence northwesterly and
northerly to St. Croix State Park in Pine County; thence northerly to Jay Cooke State Park
in Carlton County, and there terminate.deleted text end new text begin consist of four segments. One segment shall be
known as the "gateway segment" and shall originate at the State Capitol, then extend
northerly and northeasterly to William O'Brien State Park, and then extend northerly to
Taylors Falls in Chisago County. One segment shall originate in Chisago County and
extend into Duluth in St. Louis County. One segment shall originate at Hinckley in Pine
County and extend through Moose Lake in Carlton County to Duluth in St. Louis County.
One segment shall originate in Carlton County at Carlton and extend through Wrenshall to
the Minnesota-Wisconsin border.
new text end
(b) The new text begin gateway segment shall be developed primarily for hiking and nonmotorized
riding, and the remaining segments of the new text end trail shall be developed primarily for riding
and hiking.
(c) Additional deleted text begin trailsdeleted text end new text begin segmentsnew text end shall be established that extend the Willard Munger
Trail to include Proctornew text begin , Duluth,new text end and Hermantown in St. Louis County.
Sec. 15.
Minnesota Statutes 2004, section 85.015, subdivision 12, is amended to read:
Subd. 12.
Heartland Trail, new text begin Clay, Becker, new text end Hubbardnew text begin ,new text end and Cass Counties.
(a)
The trail shall originate at new text begin Moorhead in Clay County and extend in an easterly direction
through Detroit Lakes in Becker County to new text end mile post 90.92 at Park Rapids in Hubbard
County deleted text begin and shall extenddeleted text end new text begin ; thencenew text end in an easterly direction along the Burlington Northern
Railroad right-of-way through Walker in Cass Countydeleted text begin . The trail shall then continuedeleted text end new text begin ;
thencenew text end in a northerly direction along the Burlington Northern Railroad right-of-way to
Cass Lake in Cass County, and there terminate.
(b) The trail shall be developed primarily for riding and hiking.
deleted text begin
(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Heartland Trail may be acquired by eminent domain. Before acquiring any land
or interest in land by eminent domain the commissioner of administration shall obtain
the approval of the governor. The governor shall consult with the Legislative Advisory
Commission before granting approval. Recommendations of the Legislative Advisory
Commission shall be advisory only. Failure or refusal of the commission to make a
recommendation shall be deemed a negative recommendation.
deleted text end
Sec. 16.
Minnesota Statutes 2004, section 85.015, is amended by adding a subdivision
to read:
new text begin Subd. 25. new text end
new text begin Great River Ridge Trail, Wabasha and Olmsted Counties. new text end
new text begin
The trail
shall originate in the city of Plainview in Wabasha County and extend southwesterly
through the city of Elgin in Wabasha County and the town of Viola in Olmsted County to
the Chester Woods Trail in Olmsted County.
new text end
Sec. 17.
Minnesota Statutes 2004, section 85.32, subdivision 1, is amended to read:
Subdivision 1.
Areas marked.
The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark canoe and boating routes on the Little 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, new text begin Sauk,new text end and
Crow Rivers which have historic and scenic values and to mark appropriately points of
interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other
serious hazards which are dangerous to canoe and watercraft travelers.
Sec. 18.
Minnesota Statutes 2005 Supplement, section 88.17, subdivision 5, is
amended to read:
Subd. 5.
Permit fees.
(a) The annual fees for an electronic burning permit are:
(1) $5 for a noncommercial burning permit; and
(2) for commercial enterprises that obtain multiple permits, $5 per permit for each
burning site, up to a maximum of $50 per individual business enterprise per year.
(b) Except for the issuing fee under paragraph (c), deleted text begin and for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15,deleted text end money received from permits issued under this section shall be deposited in the state
treasury and credited to the burning permit account andnew text begin , except for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15, new text end is annually appropriated to the commissioner of natural resources for the costs of
operating the burning permit system.
(c) Of the fee amount collected under paragraph (a), $1 shall be retained by the
permit agent as a commission for issuing electronic permits.
(d) Fire wardens who issue written permits may charge a fee of up to $1 for each
permit issued, to be retained by the fire warden as a commission for issuing the permit.
This paragraph does not limit a local government unit from charging an administrative fee
for issuing open burning permits within its jurisdiction.
Sec. 19.
Minnesota Statutes 2004, section 89.01, subdivision 1, is amended to read:
Subdivision 1.
Best methods.
The commissioner shall ascertain and observe the
best methods of reforesting cutover and denuded lands, foresting waste deleted text begin and prairiedeleted text end lands,
preventing destruction of forests and lands by fire, administering forests on forestry
principles, encouraging private owners to preserve and grow timber for commercial
purposes, and conserving the forests around the head waters of streams and on the
watersheds of the state.
Sec. 20.
Minnesota Statutes 2004, section 97A.015, subdivision 18, is amended to read:
Subd. 18.
Enforcement officer.
"Enforcement officer" means the commissioner, the
director of the Enforcement Division, new text begin or new text end a conservation officerdeleted text begin , or a game refuge managerdeleted text end .
Sec. 21.
Minnesota Statutes 2005 Supplement, section 103G.271, subdivision 6,
is amended to read:
Subd. 6.
Water use permit processing fee.
(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. The schedule is as follows, with the stated fee in each clause
applied to the total amount appropriated:
(1) $101 for amounts not exceeding 50,000,000 gallons per year;
(2) $3 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;
(3) $3.50 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but
less than 150,000,000 gallons per year;
(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
than 200,000,000 gallons per year;
(5) $4.50 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but
less than 250,000,000 gallons per year;
(6) $5 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
than 300,000,000 gallons per year;
(7) $5.50 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but
less than 350,000,000 gallons per year;
(8) $6 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
than 400,000,000 gallons per year;
(9) $6.50 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but
less than 450,000,000 gallons per year;
(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and
(11) $7.50 per 1,000,000 gallons for amounts greater than 500,000,000 gallons
per year.
(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:
(1) for nonprofit corporations and school districts, $150 per 1,000,000 gallons; and
(2) for all other users, $300 per 1,000,000 gallons.
(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.
(d) For water use processing fees other than once-through cooling systems:
(1) the fee for a city of the first class may not exceed $250,000 per year;
(2) the fee for other entities for any permitted use may not exceed:
(i) $50,000 per year for an entity holding three or fewer permits;
(ii) $75,000 per year for an entity holding four or five permits;
(iii) $250,000 per year for an entity holding more than five permits;
(3) the fee for agricultural irrigation may not exceed $750 per year;
(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and
(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.
(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.
(g) A surcharge of $20 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used innew text begin each of the months ofnew text end June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation.new text begin The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.
new text end
Sec. 22.
Minnesota Statutes 2004, section 103G.611, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Public waters without access. new text end
new text begin
A person who receives a permit to operate
an aeration system on a public water without a public access and who owns all of the
riparian land or all of the possessory rights to the riparian land around that water is not
subject to the provisions of subdivisions 2, paragraph (b), and 3.
new text end
Sec. 23. new text begin AGREEMENT; WABASHA COUNTY REGIONAL RAIL
AUTHORITY.
new text end
new text begin
The commissioner of natural resources shall enter an agreement with the Wabasha
County Regional Rail Authority to maintain and develop the Great River Ridge Trail
as a state trail.
new text end
Sec. 24. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 103G.611, subdivision 6,
new text end
new text begin
is repealed.
new text end
Sec. 25. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 16 and 23 are effective the day after the governing body of the Wabasha
County Regional Rail Authority and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
ARTICLE 2
POLICY AMENDMENTS
Section 1.
Minnesota Statutes 2004, section 84.92, subdivision 8, is amended to read:
Subd. 8.
All-terrain vehicle new text begin or vehiclenew text end .
"All-terrain vehicle" or "vehicle" means a
motorized flotation-tired vehicle of not less than three low pressure tires, but not more
than six tires, that is limited in engine displacement of less than 800 cubic centimeters
and deleted text begin total dry weight less than 900 pounds deleted text end new text begin includes a class 1 all-terrain vehicle and class 2
all-terrain vehiclenew text end .
Sec. 2.
Minnesota Statutes 2004, section 84.92, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Class 1 all-terrain vehicle. new text end
new text begin
"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than 900 pounds.
new text end
Sec. 3.
Minnesota Statutes 2004, section 84.92, is amended by adding a subdivision to
read:
new text begin Subd. 10. new text end
new text begin Class 2 all-terrain vehicle. new text end
new text begin
"Class 2 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of 900 to 1,500 pounds.
new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, 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, 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 deleted text begin (e)deleted text end new text begin (f)new text end .
(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,
only if that person possesses a valid all-terrain vehicle safety certificate issued by the
commissioner and is accompanied on another all-terrain vehicle 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) new text begin A person at least 11 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.
new text end
new text begin (f) new text end 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.
new text begin
(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
new text end
Sec. 5.
Minnesota Statutes 2005 Supplement, section 84.9257, is amended to read:
84.9257 PASSENGERS.
(a) A parent or guardian may operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle carrying one
passenger who is under 16 years of age and who wears a safety helmet approved by the
commissioner of public safety.
(b) For the purpose of this section, "guardian" means a legal guardian of a person
under age 16, or a person 18 or older who has been authorized by the parent or legal
guardian to supervise the person under age 16.
(c) A person 18 years of age or older may operate an all-terrain vehicle carrying
one passenger who is 16 or 17 years of age and wears a safety helmet approved by the
commissioner of public safety.
(d) A person 18 years of age or older may operate an all-terrain vehicle carrying one
passenger who is 18 years of age or older.
new text begin
(e) An operator of a class 2 all-terrain vehicle may carry two passengers.
new text end
Sec. 6.
Minnesota Statutes 2005 Supplement, section 84.926, subdivision 4, is
amended to read:
Subd. 4.
Off-road and all-terrain vehicles; limited or managed forests; trails.
Notwithstanding section 84.777, but subject to the commissioner's authority under
subdivision 5, on state forest lands classified as limited or managed, other than the Richard
J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
168 or section 84.798 or 84.922new text begin , including class 2 all-terrain vehicles, new text end on forest trails that
are not designated for a specific use when:
(1) hunting big game or transporting or installing hunting stands during October,
November, and December, when in possession of a valid big game hunting license;
(2) retrieving big game in September, when in possession of a valid big game
hunting license;
(3) tending traps during an open trapping season for protected furbearers, when in
possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow dealer, private fish
hatchery, or aquatic farm license.
Sec. 7.
Minnesota Statutes 2005 Supplement, section 84.928, subdivision 1, is
amended to read:
Subdivision 1.
Operation on roads and rights-of-waynew text begin ; class 1 vehiclesnew text end .
(a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate deleted text begin andeleted text end new text begin a class 1
new text end all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope
of a public road right-of-way of a trunk, county state-aid, or county highway other than
in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway
unless prohibited under paragraph (b).
(b) A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use ofnew text begin class 1new text end all-terrain vehicles in the ditch or outside bank or
slope of a public road right-of-way under its jurisdiction.
(c) The restrictions in paragraphs (a), (b), (g), (h), and (i) do not apply to the
operation of deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle on the shoulder, inside bank or slope, ditch,
or outside bank or slope of a trunk, interstate, county state-aid, or county highway when
thenew text begin class 1new text end all-terrain vehicle is:
(1) owned by or operated under contract with a publicly or privately owned utility
or pipeline company; and
(2) used for work on utilities or pipelines.
(d) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.
(e) The commissioner must notify the road authority as soon as it is known that a
closure will be ordered. The notice must state the reasons and duration of the closure.
(f) A person may operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle registered for private use and
used for agricultural purposesnew text begin or a class 2 all-terrain vehiclenew text end on a public road right-of-way
of a trunk, county state-aid, or county highway in this state if thenew text begin class 1 or class 2new text end
all-terrain vehicle is operated on the extreme right-hand side of the road, and left turns
may be made from any part of the road if it is safe to do so under the prevailing conditions.
(g) A person shall not operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.
(h) A person shall not operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle within the public
road right-of-way of a trunk, county state-aid, or county highway between the hours of
one-half hour after sunset to one-half hour before sunrise, except on the right-hand side
of the right-of-way and in the same direction as the highway traffic on the nearest lane
of the adjacent roadway.
(i) A person shall not operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.
Sec. 8.
Minnesota Statutes 2004, section 84.928, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Operation; class 2 vehicles. new text end
new text begin
Except as provided in section 84.926,
subdivision 4, operation of class 2 all-terrain vehicles on public lands is limited to forest
roads, minimum maintenance roads, and trails designated or signed for class 2 all-terrain
vehicles.
new text end
Sec. 9.
Minnesota Statutes 2004, section 84.943, subdivision 3, is amended to read:
Subd. 3.
Appropriations must be matched by private funds.
Appropriations
transferred to the critical habitat private sector matching account and money credited to
the account under section 168.1296, subdivision 5, may be expended only to the extent
that they are matched equally with contributions deleted text begin to the accountdeleted text end from private sources
or by funds contributed to the nongame wildlife management account. The private
contributions may be made in cashdeleted text begin or in contributions ofdeleted text end new text begin , property,new text end land or interests in
land deleted text begin that are designated by the commissioner of natural resources as program acquisitionsdeleted text end .
Appropriations transferred to the account that are not matched within three years from the
date of the appropriation shall cancel to the source of the appropriation. For the purposes
of this section, the private contributions of new text begin property, new text end landnew text begin ,new text end or interests in land new text begin that are
retained by the commissioner new text end shall be valued in accordance with their appraised value.
Sec. 10.
Minnesota Statutes 2004, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Bonus permit. new text end
new text begin
"Bonus permit" means a license to take and tag deer by
archery or firearms, in addition to deer authorized to be taken under regular firearms
or archery licenses.
new text end
Sec. 11.
Minnesota Statutes 2004, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 14a. new text end
new text begin Deer. new text end
new text begin
"Deer" means white-tailed or mule deer.
new text end
Sec. 12.
Minnesota Statutes 2004, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 26b. new text end
new text begin Intensive deer area. new text end
new text begin
"Intensive deer area" means an area of the state
where taking a deer of either sex is allowed and where multiple bonus permits are
authorized.
new text end
Sec. 13.
Minnesota Statutes 2004, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 27b. new text end
new text begin Lottery deer area. new text end
new text begin
"Lottery deer area" means an area of the state where
taking antlerless deer is allowed only by either-sex permit and where no bonus permits
are authorized.
new text end
Sec. 14.
Minnesota Statutes 2004, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 27c. new text end
new text begin Managed deer area. new text end
new text begin
"Managed deer area" means an area of the state
where taking a deer of either sex is allowed and where one bonus permit is authorized.
new text end
Sec. 15.
Minnesota Statutes 2004, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 32a. new text end
new text begin Muzzle-loader season. new text end
new text begin
"Muzzle-loader season" means the firearms
deer season option open only for legal muzzle-loading firearms, as prescribed by the
commissioner.
new text end
Sec. 16.
Minnesota Statutes 2004, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 41a. new text end
new text begin Regular firearms season. new text end
new text begin
"Regular firearms season" means any of the
firearms deer season options prescribed by the commissioner that begin in November,
exclusive of the muzzle-loader season.
new text end
Sec. 17.
Minnesota Statutes 2004, section 97A.055, subdivision 2, is amended to read:
Subd. 2.
Receipts.
The commissioner of finance shall credit to the game and fish
fund all money received under the game and fish lawsnew text begin and all income from state lands
acquired by purchase or gift for game or fish purposes,new text end including receipts from:
(1) licensesnew text begin and permitsnew text end issued;
(2) fines and forfeited bail;
(3) sales of contraband, wild animals, and other property under the control of the
division;
(4) fees from advanced education courses for hunters and trappers;
(5) reimbursements of expenditures by the division;
(6) contributions to the division; and
(7) revenue credited to the game and fish fund under section 297A.94, paragraph
(e), clause (1).
Sec. 18.
Minnesota Statutes 2004, section 97A.065, subdivision 2, is amended to read:
Subd. 2.
Fines and forfeited bail.
(a) Fines and forfeited bail collected from
prosecutions of violations of: the game and fish laws or rules adopted thereunder; sections
84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 84.91 or rules adopted
thereunder; section 169A.20, when the violation involved an off-road recreational vehicle
as defined in section 169A.03, subdivision 16; chapter 348; and any other law relating
to wild animals or aquatic vegetation, must be paid to the treasurer of the county where
the violation is prosecuted. The county treasurer shall submit one-half of the receipts to
the commissioner and credit the balance to the county general revenue fund except as
provided in paragraphs (b)deleted text begin ,deleted text end new text begin andnew text end (c)deleted text begin , and (d)deleted text end . In a county in a judicial district under section
480.181, subdivision 1, paragraph (b), the share that would otherwise go to the county
under this paragraph must be submitted to the commissioner of finance for deposit in the
state treasury and credited to the general fund.
deleted text begin
(b) The commissioner may reimburse a county, from the game and fish fund, for the
cost of keeping prisoners prosecuted for violations of the game and fish laws under this
section if the county board, by resolution, directs: (1) the county treasurer to submit all
game and fish fines and forfeited bail to the commissioner; and (2) the county auditor to
certify and submit monthly itemized statements to the commissioner.
deleted text end
deleted text begin (c)deleted text end new text begin (b) new text end The county treasurer shall submit one-half of the receipts collected under
paragraph (a) from prosecutions of violations of sections 84.81 to 84.91 or rules adopted
thereunder, and 169A.20, except receipts that are surcharges imposed under section
357.021, subdivision 6, to the commissioner and credit the balance to the county
general fund. The commissioner shall credit these receipts to the snowmobile trails and
enforcement account in the natural resources fund.
deleted text begin (d)deleted text end new text begin (c)new text end The county treasurer shall indicate the amount of the receipts that are
surcharges imposed under section 357.021, subdivision 6, and shall submit all of those
receipts to the commissioner of finance.
Sec. 19.
Minnesota Statutes 2004, section 97A.075, subdivision 1, is amended to read:
Subdivision 1.
Deer, bear, and lifetime licenses.
(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions
2, clauses (4), (5), (9), (11), (13), and (14), and 3, clauses (2), (3), and (7), and licenses
issued under section 97B.301, subdivision 4.
(b) deleted text begin At leastdeleted text end $2 from each annual deer license and $2 annually from the lifetime fish
and wildlife trust fund, established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, new text begin shall be credited to the deer management account and
new text end shall be used for deer habitat improvement or deer management programs.
(c) deleted text begin At leastdeleted text end $1 from each annual deer license and each bear license and $1 annually
from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each
license issued under section 97A.473, subdivision 4, new text begin shall be credited to the deer and bear
management account and new text end shall be used for deer and bear management programs, including
a computerized licensing system.
new text begin (d) new text end Fifty cents from each deer license is new text begin credited to the emergency deer feeding
and wild cervidae health management account and is new text end appropriated for emergency deer
feeding and wild cervidae health management. Money appropriated for emergency
deer feeding and wild cervidae health management is available until expended. When
the unencumbered balance in the appropriation for emergency deer feeding and wild
cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first
time, $750,000 is canceled to the unappropriated balance of the game and fish fund.
The commissioner must inform the legislative chairs of the natural resources finance
committees every two years on how the money for emergency deer feeding and wild
cervidae health management has been spent.
Thereafter, when the unencumbered balance in the appropriation for emergency deer
feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal
year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer
and bear management programs and computerized licensing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 20.
Minnesota Statutes 2004, section 97A.085, subdivision 4, is amended to read:
Subd. 4.
Establishment by petition of county residents.
The commissioner may
designate as a game refuge public waters or a contiguous area described in a petition,
signed by 50 or more residents of the county where the public waters or area is located. The
game refuge must be a contiguous area of at least 640 acres unless it borders or includes
a marsh, or other body of water or watercourse suitable for wildlife habitat. The game
refuge may be designated only if the commissioner finds that protected wild animals are
depleted and are in danger of extermination, or that it will best serve the public interest.new text begin If
any of the land area in the proposed game refuge is privately owned and the commissioner
receives a petition opposing designation of the refuge signed by the owners, lessees, or
persons in possession of at least 75 percent of the private land area within the proposed
game refuge, the commissioner shall not designate the private lands as a game refuge.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2004, section 97A.101, subdivision 4, is amended to read:
Subd. 4.
Restrictions on airboats, watercraft, and recreational vehicles.
(a) The
use of airboats is prohibited at all times on lakes designated for wildlife management
purposes under this section unless otherwise authorized by the commissioner.
(b) The commissioner may restrict the use of motorized watercraft and recreational
vehicles on lakes designated for wildlife management purposes by posting all public
access points on the designated lake.new text begin To minimize disturbance to wildlife or to protect
wildlife habitat, the commissioner may restrict the type of allowable motorized watercraft
or recreational vehicle, horsepower or thrust of motor, speed of operation, and season or
area of use. Designation of areas, times, and types of restrictions to be posted shall be by
written order published in the State Register. Posting of the restrictions is not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end
new text begin
(c) Before the commissioner establishes perpetual restrictions under paragraph (b),
public comment must be received and a public meeting must be held in the county where
the largest portion of the lake is located. Notice of the meeting must be published in a
news release issued by the commissioner and in a newspaper of general circulation in the
area where the waters are located. The notice must be published at least once between 30
and 60 days before the public meeting and at least once between seven and 30 days before
the meeting. The notices required in this paragraph must summarize the proposed action,
invite public comment, and specify a deadline for the receipt of public comments. The
commissioner shall mail a copy of each required notice to persons who have registered
their names with the commissioner for this purpose. The commissioner shall consider any
public comments received in making a final decision. This paragraph does not apply to
temporary restrictions that expire within 90 days of the effective date of the restrictions.
new text end
Sec. 22.
Minnesota Statutes 2004, section 97A.221, subdivision 3, is amended to read:
Subd. 3.
Procedure for confiscation of property seized.
The enforcement officer
must hold the seized property. The property held may be confiscated when:
(1) the person from whom the property was seized is convictednew text begin , the conviction is not
under appeal, and the time period for appeal of the conviction has expirednew text end ; or
(2) the property seized is contraband consisting of a wild animal, wild rice, or other
aquatic vegetation.
Sec. 23.
Minnesota Statutes 2004, section 97A.221, subdivision 4, is amended to read:
Subd. 4.
Disposal of confiscated property.
Confiscated property may be disposed
of or retained for use by the commissioner, or sold at the highest price obtainable as
prescribed by the commissioner. Upon acquittal or dismissal of the charged violation for
which the property was seizeddeleted text begin ,deleted text end new text begin :new text end
new text begin (1) new text end all property, other than contraband consisting of a wild animal, wild rice, or other
aquatic vegetation, must be returned to the person from whom the property was seizednew text begin ; and
new text end
new text begin (2) the commissioner shall reimburse the person for any seized or confiscated
property that is sold, lost, or damagednew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2004, section 97A.225, subdivision 2, is amended to read:
Subd. 2.
Procedure for confiscation of property seized.
The enforcement officer
must hold the seized property, subject to the order of the court having jurisdiction where
the offense was committed. The property held is confiscated whennew text begin :
new text end
new text begin (1) new text end the commissioner complies with this section deleted text begin anddeleted text end new text begin ;new text end
new text begin (2) new text end the person from whom it was seized is convicted of the offensenew text begin ; and
new text end
new text begin (3) the conviction is not under appeal and the time period for appeal of the
conviction has expirednew text end .
Sec. 25.
Minnesota Statutes 2004, section 97A.225, subdivision 5, is amended to read:
Subd. 5.
Court order.
(a) If the person arrested is acquitted, the court shall dismiss
the complaint against the property andnew text begin :new text end
new text begin (1) new text end order it returned to the person legally entitled to itnew text begin ; and
new text end
new text begin (2) order the commissioner to reimburse the person for any seized or confiscated
property that is sold, lost, or damagednew text end .
(b) Upon conviction of the person, the court shall issue an order directed to any
person that may have any right, title, or interest in, or lien upon, the seized property. The
order must describe the property and state that it was seized and that a complaint against
it has been filed. The order shall require a person claiming right, title, or interest in, or
lien upon, the property to file with the court administrator an answer to the complaint,
stating the claim, within ten days after the service of the order. The order shall contain a
notice that if the person fails to file an answer within the time limit, the property may be
ordered sold by the commissioner.
(c) The court order must be served upon any person known or believed to have any
right, title, interest, or lien in the same manner as provided for service of a summons in a
civil action, and upon unknown persons by publication, in the same manner as provided
for publication of a summons in a civil action.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Minnesota Statutes 2004, section 97A.251, subdivision 1, is amended to read:
Subdivision 1.
Unlawful conduct.
A person may not:
(1) intentionally hinder, resist, or obstruct an enforcement officer, agent, or employee
of the division in the performance of official duties;
(2) refuse to submit to inspection of deleted text begin firearmsdeleted text end new text begin equipment used to take wild animalsnew text end
while in the field, licenses, or wild animals; or
(3) refuse to allow inspection of a motor vehicle, boat, or other conveyance used
while taking or transporting wild animals.
Sec. 27.
Minnesota Statutes 2004, section 97A.321, is amended to read:
97A.321 DOGS PURSUING OR KILLING BIG GAME.
new text begin The owner of a dog that pursues but does not kill a big game animal is subject to a
civil penalty of $100 for each violation. new text end The owner of a dog that kills deleted text begin or pursuesdeleted text end a big
game animal deleted text begin is guilty of a petty misdemeanor anddeleted text end is subject to a civil penalty of deleted text begin up todeleted text end
$500 for each violation.
Sec. 28.
Minnesota Statutes 2005 Supplement, section 97A.405, subdivision 4, is
amended to read:
Subd. 4.
Replacement licenses.
(a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a
replacement license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the original and
the replacement license. When a person submits both an archery and a firearms license
for replacement, the commissioner may apply the value of both licenses towards the
replacement license fee.
(b) A replacement license may be issued only if the applicant has not used any tag
from the original license and meets the conditions of paragraph (c). The original license
and all unused tags for that license must be submitted to the issuing agent at the time
the replacement license is issued.
(c) A replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:
(1) when the season for the license being surrendered has not yet opened; or
(2) when the person is upgrading from a regular firearms or archery deer license to a
new text begin multizone or all season new text end deer license deleted text begin that is valid in multiple zonesdeleted text end .
(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that time.
Sec. 29.
Minnesota Statutes 2004, section 97A.465, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Special hunts for military personnel. new text end
new text begin
The commissioner may by rule
establish criteria, special seasons, and limits for military personnel and veterans to take
big game and small game by firearms or archery in designated areas or times. A person
hunting under this subdivision must be participating in a hunt sponsored and administered
by the Minnesota Department of Military Affairs or the Minnesota Department of Veterans
Affairs.
new text end
Sec. 30.
Minnesota Statutes 2004, section 97A.475, subdivision 2, is amended to read:
Subd. 2.
Resident hunting.
Fees for the following licenses, to be issued to residents
only, are:
(1) for persons age 18 or over and under age 65 to take small game, $12.50;
(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
(3) to take turkey, $18;
(4) for persons age 18 or over to take deer with firearms, $26;
(5) for persons age 18 or over to take deer by archery, $26;
(6) to take moose, for a party of not more than six persons, $310;
(7) to take bear, $38;
(8) to take elk, for a party of not more than two persons, $250;
(9) new text begin multizone license new text end to take antlered deer in more than one zone, $52;
(10) to take Canada geese during a special season, $4;
(11) new text begin all season license new text end to take two deer throughout the state in any open deer season,
except as restricted under section 97B.305, $78;
(12) to take prairie chickens, $20;
(13) for persons at least age 12 and under age 18 to take deer with firearmsnew text begin during
the regular firearms season in any open zone or time periodnew text end , $13; and
(14) for persons at least age 12 and under age 18 to take deer by archery, $13.
Sec. 31.
Minnesota Statutes 2005 Supplement, section 97A.475, subdivision 3, is
amended to read:
Subd. 3.
Nonresident hunting.
Fees for the following licenses, to be issued
to nonresidents, are:
(1) to take small game, $73;
(2) to take deer with firearms, $135;
(3) to take deer by archery, the greater of:
(i) an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of residence; or
(ii) $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoon, bobcat, fox, or coyote, $155;
(7) new text begin multizone license new text end to take antlered deer in more than one zone, $270; and
(8) to take Canada geese during a special season, $4.
Sec. 32.
Minnesota Statutes 2004, section 97A.475, subdivision 20, is amended to read:
Subd. 20.
Trapping license.
The fee for a license to trap fur-bearing animals is:
(1) for residents over age 13 and under age 18, $6;
(2) for residents age 18 deleted text begin and olderdeleted text end new text begin or over and under age 65new text end , $20; deleted text begin and
deleted text end
(3) new text begin for residents age 65 or over, $10; and
new text end
new text begin (4) new text end for nonresidents, $73.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2007.
new text end
Sec. 33.
Minnesota Statutes 2004, section 97A.535, subdivision 1, is amended to read:
Subdivision 1.
Tags required.
new text begin (a) new text end A person may not possess or transport deer,
bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner
prescribed by the commissioner. The commissioner must prescribe the type of tag that has
the license number of the owner, the year of its issue, and other information prescribed by
the commissioner.
new text begin
(b) The tag and the license must be validated at the site of the kill as prescribed by
the commissioner.
new text end
new text begin (c) Except as otherwise provided in this section, new text end the tag must be attached to the
deer, bear, elk, or moose at the site of the kill before the animal is removed from the
site of the killdeleted text begin , anddeleted text end new text begin .
new text end
new text begin (d) The tag new text end must remain attached to the animal until the animal is processed for
storage.
new text begin
(e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the
kill without attaching the validated tag to the animal only while in the act of manually
or mechanically dragging, carrying, or carting the animal across the ground and while
possessing the validated tag on their person. A motor vehicle may be used to drag the
animal across the ground. At all other times, the validated tag must be attached to the
deer, bear, elk, or moose:
new text end
new text begin
(1) as otherwise provided in this section; and
new text end
new text begin
(2) prior to the animal being placed onto and transported on a motor vehicle, being
hung from a tree or other structure or device, or being brought into a camp or yard or
other place of habitation.
new text end
Sec. 34.
Minnesota Statutes 2005 Supplement, section 97A.551, subdivision 6, is
amended to read:
Subd. 6.
Tagging and registration.
The commissioner may, by rule, require
persons taking, possessing, and transporting certain species of fish to tag the fish with
a special fish management tag and may require registration of tagged fish. A person
may not possess or transport a fish species taken in the state for which a special fish
management tag is required unless a tag is attached to the fish in a manner prescribed by
the commissioner. The commissioner shall prescribe the manner of issuance and the
type of tag as authorized under section 97C.087. The tag must be attached to the fish as
prescribed by the commissioner immediately upon reducing the fish to possession and
must remain attached to the fish until the fish is processed or consumed. Species for
which a special fish management tag is required must be transported undressednew text begin , except as
otherwise prescribed by the commissionernew text end .
Sec. 35.
Minnesota Statutes 2004, section 97B.021, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Parent or guardian duties. new text end
new text begin
A parent or guardian may not knowingly
direct, allow, or permit a person under the age of 16 to possess a firearm in violation
of this section.
new text end
Sec. 36.
Minnesota Statutes 2004, section 97B.081, subdivision 1, is amended to read:
Subdivision 1.
With firearms and bows.
(a) A person may not cast the rays of a
spotlight, headlight, or other artificial light on a highway, or in a field, woodland, or forest,
to spot, locate, or take a wild animal, except while taking raccoons in accordance with
section 97B.621, subdivision 3, or tending traps in accordance with section 97B.931,
while having in possession, either individually or as one of a group of persons, a firearm,
bow, or other implement that could be used to kill big game.
(b) This subdivision does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This subdivision does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.
(e) This subdivision does not apply to persons taking raccoons under section
97B.621, subdivision 3.
new text begin
(f) This subdivision does not apply to a person hunting fox or coyote from January 1
to March 15 while using a hand-held artificial light, provided that the person:
new text end
new text begin
(1) is on foot;
new text end
new text begin
(2) is using a shotgun;
new text end
new text begin
(3) is not within a public road right-of-way;
new text end
new text begin
(4) is using a hand-held or electronic calling device; and
new text end
new text begin
(5) is not within 200 feet of a motor vehicle.
new text end
Sec. 37.
new text begin
[97B.22] COLLECTING ANTLER SHEDS.
new text end
new text begin
(a) A person may take and possess naturally shed antlers without a license.
new text end
new text begin
(b) A person may not place, arrange, or set equipment in a manner that is likely to
artificially pull, sever, or otherwise cause antlers of live deer, moose, elk, or caribou to
be shed or removed.
new text end
Sec. 38.
Minnesota Statutes 2004, section 97B.301, subdivision 7, is amended to read:
Subd. 7.
All season deer license.
(a) A resident may obtain an all season deer
licensedeleted text begin . This licensedeleted text end new text begin thatnew text end authorizes the resident to deleted text begin take one buck by firearm or archerydeleted text end new text begin huntnew text end
during deleted text begin any season statewide. In addition, a resident obtaining this license may take one
antlerless deer:deleted text end new text begin the archery, regular firearms, and muzzle-loader seasons. The all season
license is valid for taking three deer, no more than one of which may be a legal buck.
new text end
deleted text begin
(1) by firearms in the regular firearms season if the resident first obtains an antlerless
deer permit or if the resident takes the antlerless deer in an area where the commissioner
has authorized taking a deer of either sex without an antlerless permit;
deleted text end
deleted text begin
(2) by archery in the archery season; or
deleted text end
deleted text begin
(3) by muzzleloader in the muzzleloader season.
deleted text end
(b) new text begin The all season deer license is valid for taking antlerless deer as follows:
new text end
new text begin
(1) up to two antlerless deer may be taken during the archery or muzzle-loader
seasons in any open area or during the regular firearms season in managed or intensive
deer areas; and
new text end
new text begin
(2) one antlerless deer may be taken during the regular firearms season in a lottery
deer area, only with an either-sex permit or statutory exemption from an either-sex permit.
new text end
new text begin (c) new text end The commissioner shall issue deleted text begin one tag for a buck and one tag for an antlerless
deerdeleted text end new text begin three tagsnew text end when issuing a license under this subdivision.
Sec. 39.
Minnesota Statutes 2004, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND RESTRICTIONS.
(a) The commissioner may, by rule, prescribe restrictions and designate areas where
deer may be taken, including hunter selection criteria for special hunts established under
section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open
seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading firearms, between November 1
and December 15;
(2) taking with muzzle-loading firearms between September 1 and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may establish special seasons
within designated areas at any time of year.
new text begin
(c) Smokeless gunpowder may not be used in a muzzle-loader during the
muzzle-loader season.
new text end
Sec. 40.
new text begin
[97B.318] ARMS USE AREAS AND RESTRICTIONS; REGULAR
FIREARMS SEASON.
new text end
new text begin Subdivision 1. new text end
new text begin Shotgun use area. new text end
new text begin
During the regular firearms season in the shotgun
use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading
long guns, and legal handguns may be used for taking deer. Legal shotguns include
those with rifled barrels. The shotgun use area is that portion of the state lying within
the following described boundary: Beginning on the west boundary of the state at U.S.
Highway 10; thence along U.S. Highway 10 to State Trunk Highway (STH) 32; thence
along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence
along I-94 to County State Aid Highway (CSAH) 40, Douglas County; thence along
CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas
County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to
CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to
CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22,
Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71
to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of
the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to
U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence
along the east, south, and west boundaries of the state to the point of beginning.
new text end
new text begin Subd. 2. new text end
new text begin All legal firearms use area. new text end
new text begin
The all legal firearms use area is that part of
the state lying outside of the shotgun use area.
new text end
Sec. 41.
new text begin
[97B.327] REPORT; DEER OTHER THAN WHITE-TAILED OR
MULE.
new text end
new text begin
A hunter legally taking a deer that is not a white-tailed or mule deer must report the
type of deer taken to the commissioner of natural resources within seven days of taking.
Violation of this section shall not result in a penalty and is not subject to section 97A.301.
new text end
Sec. 42.
Minnesota Statutes 2004, section 97C.025, is amended to read:
97C.025 FISHING AND MOTORBOATS RESTRICTED IN CERTAIN
AREAS.
(a) The commissioner may prohibit or restrict the taking of fish or the operation of
motorboats by posting waters that:
(1) are designated as spawning beds or fish preserves;
(2) are being used by the commissioner for fisheries research or management
activities; or
(3) are licensed by the commissioner as a private fish hatchery or aquatic farm under
section 17.4984, subdivision 1, or 97C.211, subdivision 1.
An area may be posted under this paragraph if necessary to prevent excessive depletion
of fish or interference with fisheries research or management activities or private fish
hatchery or aquatic farm operations.
(b) The commissioner will consider the following criteria in determining if waters
licensed under a private fish hatchery or aquatic farm should be posted under paragraph (a):
(1) the waters contain game fish brood stock that are vital to the private fish hatchery
or aquatic farm operation;
(2) game fish are present in the licensed waters only as a result of aquaculture
activities by the licensee; and
(3) no public access to the waters existed when the waters were first licensed.
(c) A private fish hatchery or aquatic farm licensee may not take fish or authorize
others to take fish in licensed waters that are posted under paragraph (a), except as
provided in section 17.4983, subdivision 3, and except that if waters are posted to allow
the taking of fish under special restrictions, licensees and others who can legally access
the waters may take fish under those special restrictions.
(d) Before March 1, 2003, riparian landowners adjacent to licensed waters on
April 30, 2002, and riparian landowners who own land adjacent to waters licensed after
April 30, 2002, on the date the waters become licensed waters, plus their children and
grandchildren, may take two daily limits of fish per month under an angling license subject
to the other limits and conditions in the game and fish laws.
(e) Except as provided in paragraphs (c), (d), and (f), a person may not take fish or
operate a motorboat if prohibited by posting under paragraph (a).
(f) An owner of riparian land adjacent to an area posted under paragraph (a) may
operate a motorboat through the area by the shortest direct route at a speed of not more
than five miles per hour.
new text begin
(g) Postings for water bodies designated under paragraph (a), clause (1), or being
used for fisheries research or management under paragraph (a), clause (2), are not subject
to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end
Sec. 43.
Minnesota Statutes 2004, section 97C.081, subdivision 4, is amended to read:
Subd. 4.
Restrictions.
The commissioner may by rule establish restrictions on
fishing contests to protect fish and fish habitatnew text begin , to restrict activities during high use periods,
to restrict activities that affect research or management work, to restrict the number of
boats,new text end and for the safety of contest participants.
Sec. 44.
Minnesota Statutes 2004, section 97C.081, subdivision 6, is amended to read:
Subd. 6.
Permit application process.
(a) Beginning deleted text begin Septemberdeleted text end new text begin Augustnew text end 1 each
year, the commissioner shall accept permit applications for fishing contests to be held in
the following year.
(b) If the number of permit applications received by the commissioner from
deleted text begin Septemberdeleted text end new text begin Augustnew text end 1 through the last Friday in deleted text begin Octoberdeleted text end new text begin Septembernew text end exceeds the limits
specified in subdivisions 7 and 8, the commissioner shall notify the affected applicants
that their requested locations and time period are subject to a drawing. After notification,
the commissioner shall allow the affected applicants a minimum of seven days to change
the location or time period requested on their applications, provided that the change is
not to a location or time period for which applications are already at or above the limits
specified in subdivisions 7 and 8.
(c) After the applicants have been given at least seven days to change their
applications, the commissioner shall conduct a drawing for all locations and time periods
for which applications exceed limits. First preference in the drawings shall be given
to applicants for established or traditional fishing contests, and second preference to
applicants for contests that are not established as traditional fishing contests based on the
number of times they have been unsuccessful in previous drawings. Except for applicants
of established or traditional fishing contests, an applicant who is successful in a drawing
loses all accumulated preference.new text begin "Established or traditional fishing contest" means a
fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of
five years from 1996 to 2000 for the same lake and time period. Beginning with 2001,
established or traditional fishing contests must continue to be conducted at least four out
of five years for the same lake and time period to remain established or traditional.
new text end
(d) The commissioner has until deleted text begin Decemberdeleted text end new text begin Novembernew text end 7 to approve or deny permit
applications that are submitted by 4:30 p.m. on the last Friday in deleted text begin Octoberdeleted text end new text begin Septembernew text end . The
commissioner may approve a permit application that is received after 4:30 p.m. on the last
Friday in deleted text begin Octoberdeleted text end new text begin Septembernew text end if approving the application would not result in exceeding
the limits in subdivisions 7 and 8.
Sec. 45.
Minnesota Statutes 2004, section 97C.081, subdivision 8, is amended to read:
Subd. 8.
Limits on number of fishing contests.
deleted text begin (a)deleted text end The number of permitted
fishing contests allowed each month on a water body shall not exceed the following limits:
new text begin
(1) Lakes:
new text end
| Maximum number of permitted fishing contests |
Maximum number of large permitted fishing contests |
Maximum number of permitted fishing contest days |
|
| Size/acres |
|||
| less than 2,000 |
2 |
0 |
4 |
| 2,000-4,999 |
3 |
1 |
6 |
| 5,000-14,999 |
4 |
2 |
8 |
| 15,000-55,000 |
5 |
3 |
10 |
| more than 55,000 |
no limit |
no limit |
no limit |
deleted text begin (b)deleted text end For boundary deleted text begin watersdeleted text end new text begin water lakesnew text end , the limits on the number of permitted fishing
contests shall be determined based on the Minnesota acreage.
new text begin
(2) Rivers:
new text end
|
new text begin
Maximum number of permitted fishing contests new text end |
new text begin
Maximum number of large permitted fishing contests new text end |
new text begin
Maximum number of permitted fishing contest days new text end |
|
|
new text begin
Mississippi River: Pool 1, 2, 3, 5, 5A, 6, 7, 8, 9 new text end |
new text begin
4 (each pool) new text end |
new text begin
2 (each pool) new text end |
new text begin
8 (each pool) new text end |
|
new text begin
Pool 4 new text end |
new text begin
5 new text end |
new text begin
3 new text end |
new text begin
10 new text end |
|
new text begin
St. Croix River new text end |
new text begin
2 new text end |
new text begin
1 new text end |
new text begin
4 new text end |
|
new text begin
Lake St. Croix new text end |
new text begin
4 new text end |
new text begin
2 new text end |
new text begin
8 new text end |
new text begin
Contest waters identified in the permit for Mississippi River pools are limited to
no more than one lockage upstream and one lockage downstream from the pool where
the contest access and weigh-in is located.
new text end
new text begin
Contest waters for Lake St. Croix are bounded by the U.S. Highway 10 bridge at
Prescott upstream to the Arcola Bar. Contest waters for the St. Croix River are bounded
by the Arcola Bar upstream to the Wisconsin state line.
new text end
new text begin
For all other rivers, no more than two contest permits, not to exceed four days
combined, may be issued for any continuous segment of a river per month. Of the two
contests permitted, only one shall be a large permitted fishing contest. Permits issued by
the commissioner shall not exceed 60 continuous river miles.
new text end
Sec. 46.
Minnesota Statutes 2004, section 97C.081, subdivision 9, is amended to read:
Subd. 9.
Permit restrictions.
(a) The commissioner may require fishing contest
permittees to limit prefishing to week days only as a condition of a fishing contest permit.
The commissioner may require proof from permittees that prefishing restrictions on the
permit are communicated to fishing contest participants and enforced.
(b) The commissioner may require permit restrictions on the hours that a permitted
fishing contest is conducted, including, but not limited to, starting and ending times.
(c) The commissioner may require permit restrictions on the number of parking
spaces that may be used on a state-owned public water access site. The commissioner may
require proof from permittees that parking restrictions on the permit are communicated to
fishing contest participants and enforced.
(d) To prevent undue deleted text begin lossdeleted text end new text begin mortalitynew text end of new text begin released new text end fish, the commissioner may require
restrictions for off-site weigh-ins new text begin and live releases new text end on a fishing contest permit or may deny
permits requesting an off-site weigh-innew text begin or live releasenew text end .
(e) A person may not transfer a fishing contest permit to another person.
(f) Failure to comply with fishing contest permit restrictions may be considered
grounds for denial of future permit applications.
Sec. 47.
Minnesota Statutes 2004, section 97C.205, is amended to read:
97C.205 deleted text begin RULES FORdeleted text end TRANSPORTING AND STOCKING FISH.
(a) new text begin Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:
new text end
new text begin
(1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;
new text end
new text begin
(2) is being transported for a fishing contest weigh-in under section 97C.081;
new text end
new text begin
(3) is a minnow being transported under section 97C.505 or 97C.515;
new text end
new text begin
(4) is being transported by a commercial fishing license holder under section
97C.821; or
new text end
new text begin
(5) is being transported as otherwise authorized in this section.
new text end
new text begin (b) new text end The commissioner may adopt rules to new text begin allow and new text end regulate:
(1) the transportation of fish and fish eggsdeleted text begin from one body of water to anotherdeleted text end ; and
(2) the stocking of waters with fish or fish eggs.
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:
(1) prescribe methods to acquire brood stock for the ponds by seining public waters;
(2) allow the sporting organizations to own and use seines and other necessary
equipment; and
(3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.
deleted text begin (c)deleted text end new text begin (d)new text end A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie,
white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black,
yellow, and brown bullheads taken by angling. No more than four of each species may
be transported at any one time, and any individual fish can be no longer than ten inches
in total length.
Sec. 48.
Minnesota Statutes 2004, section 97C.315, subdivision 2, is amended to read:
Subd. 2.
Hooks.
An angler may not have more than one hook on a line, except:
(1) three artificial flies may be on a line used to take largemouth bass, smallmouth
bass, trout, crappies, sunfish, and rock bass; deleted text begin and
deleted text end
(2) a single artificial bait may contain more than one hookdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) as otherwise prescribed by the commissioner.
new text end
Sec. 49.
Minnesota Statutes 2004, section 97C.355, subdivision 7, is amended to read:
Subd. 7.
Dates and times houses may remain on ice.
(a) Except as provided
in paragraph (d), a new text begin shelter, including a new text end fish house or dark housenew text begin ,new text end may not be on the ice
between 12:00 a.m. and one hour before sunrise after the following dates:
(1) the last day of February, for state waters south of a line starting at the
Minnesota-North Dakota border and formed by rights-of-way of U.S. Route No. 10, then
east along U.S. Route No. 10 to Trunk Highway No. 34, then east along Trunk Highway
No. 34 to Trunk Highway No. 200, then east along Trunk Highway No. 200 to U.S. Route
No. 2, then east along U.S. Route No. 2 to the Minnesota-Wisconsin border; and
(2) March 15, for other state waters.
A new text begin shelter, including a new text end fish house or dark housenew text begin ,new text end on the ice in violation of this
subdivision is subject to the enforcement provisions of paragraph (b). The commissioner
may, by rule, change the dates in this paragraph for any part of state waters. Copies of
the rule must be conspicuously posted on the shores of the waters as prescribed by the
commissioner.
(b) A conservation officer must confiscate a fish house deleted text begin ordeleted text end new text begin ,new text end dark housenew text begin , or shelternew text end in
violation of paragraph (a). The officer may remove, burn, or destroy the housenew text begin or shelternew text end .
The officer shall seize the contents of the house new text begin or shelter new text end and hold them for 60 days. If the
seized articles have not been claimed by the owner, they may be retained for the use of the
division or sold at the highest price obtainable in a manner prescribed by the commissioner.
(c) When the last day of February, under paragraph (a), clause (1), or March 15,
under paragraph (a), clause (2), falls on a Saturday, a new text begin shelter, including a new text end fish house or
dark housenew text begin ,new text end may be on the ice between 12:00 a.m. and one hour before sunrise until
12:00 a.m. the following Monday.
(d) A person may have a new text begin shelter, including a new text end fish house or dark housenew text begin ,new text end on the ice
between 12:00 a.m. and one hour before sunrise on waters within the area prescribed in
paragraph (a), clause (2), but the house new text begin or shelter new text end may not be unattended during those
hours.
Sec. 50.
Minnesota Statutes 2004, section 97C.371, subdivision 3, is amended to read:
Subd. 3.
Restrictions while spearing from dark house.
A person may not take fish
by angling or the use of tip-ups while spearing fish in a dark housenew text begin , except that a person
may take fish by angling if only one angling line is in use and any fish caught by angling
is immediately released to the water or placed on the icenew text end .
Sec. 51.
Minnesota Statutes 2004, section 97C.371, subdivision 4, is amended to read:
Subd. 4.
Open season.
The open season for spearing through the ice is December 1
to the deleted text begin thirddeleted text end new text begin last new text end Sunday in February.
Sec. 52. new text begin REQUIRED RULEMAKING; ALL-TERRAIN VEHICLE OR
SNOWMOBILE USE ON PRIVATE LANDS DURING DEER SEASON.
new text end
new text begin
(a) The commissioner of natural resources shall amend Minnesota Rules, part
6232.0300, subpart 7, to permit an individual to operate an all-terrain vehicle or
snowmobile on privately owned land in an area open to taking deer by firearms during the
legal shooting hours of the deer season, if the individual is:
new text end
new text begin
(1) the owner of the land on which the all-terrain vehicle or snowmobile is operated;
or
new text end
new text begin
(2) a person with the landowner's permission to operate the all-terrain vehicle or
snowmobile on the land.
new text end
new text begin
(b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), in amending the rule under paragraph (a).
Minnesota Statutes, section 14.386, does not apply, except to the extent provided under
Minnesota Statutes, section 14.388.
new text end
Sec. 53. new text begin SPRING TURKEY SEASON.
new text end
new text begin
The commissioner of natural resources must amend Minnesota Rules so that the
taking of turkey in the spring season ends at sunset each day. The commissioner of natural
resources may use the good cause exemption under Minnesota Statutes, section 14.388,
subdivision 1, clause (3), to amend rules to conform to this section. Minnesota Statutes,
section 14.386, does not apply to the rulemaking under this section except to the extent
provided under Minnesota Statutes, section 14.388.
new text end
Sec. 54. new text begin PHEASANT SEASON REPORT.
new text end
new text begin
By February 1, 2007, the commissioner of natural resources shall report to the house
and senate committees having jurisdiction over natural resources regarding the impact of
allowing a limit of three pheasants after the first 16 days of the pheasant season.
new text end
Sec. 55. new text begin CONFORMING CHANGES; RULES.
new text end
new text begin
The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform
to section 51. Minnesota Statutes, section 14.386, does not apply to the rulemaking under
this section except to the extent provided under Minnesota Statutes, section 14.388.
new text end
Sec. 56. new text begin RULEMAKING; SPEARING RESTRICTION.
new text end
new text begin
The commissioner of natural resources shall amend Minnesota Rules, part
6264.0400, subpart 8, by deleting item H. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt
the amendment. Minnesota Statutes, section 14.386, does not apply, except as provided
under Minnesota Statutes, section 14.388.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 57. new text begin TRANSITION.
new text end
new text begin
The commissioner of natural resources shall distinguish between class 1 registration
and class 2 registration for all-terrain vehicles under Minnesota Statutes, section 84.922. A
class 2 all-terrain vehicle that is not registered as a class 2 all-terrain vehicle on December
12, 2006, shall be registered as a class 2 vehicle when the registration next expires or when
the registrant requests a duplicate registration.
new text end
Sec. 58. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 97C.355, subdivision 6,
new text end
new text begin
is repealed.
new text end
Sec. 59. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 3; 4, paragraph (f); and 5 to 8 are effective December 12, 2006.
new text end
ARTICLE 3
ADDITIONAL POLICY AMENDMENTS
Section 1.
Minnesota Statutes 2004, section 84.085, subdivision 1, is amended to read:
Subdivision 1.
Authority.
(a) The commissioner of natural resources may accept for
and on behalf of the state any gift, bequest, devise, or grants of lands or interest in lands or
personal property of any kind or of money tendered to the state for any purpose pertaining
to the activities of the department or any of its divisions. Any money so received is hereby
appropriated and dedicated for the purpose for which it is granted. Lands and interests in
lands so received may be sold or exchanged as provided in chapter 94.
new text begin
(b) When the commissioner of natural resources accepts lands or interests in land,
the commissioner may reimburse the donor for costs incurred to obtain an appraisal needed
for tax reporting purposes. If the state pays the donor for a portion of the value of the
lands or interests in lands that are donated, the reimbursement for appraisal costs shall not
exceed $1,500. If the donor receives no payment from the state for the lands or interests in
lands that are donated, the reimbursement for appraisal costs shall not exceed $5,000.
new text end
deleted text begin (b)deleted text end new text begin (c) new text end The commissioner of natural resources, on behalf of the state, may accept and
use grants of money or property from the United States or other grantors for conservation
purposes not inconsistent with the laws of this state. Any money or property so received
is hereby appropriated and dedicated for the purposes for which it is granted, and shall
be expended or used solely for such purposes in accordance with the federal laws and
regulations pertaining thereto, subject to applicable state laws and rules as to manner
of expenditure or use providing that the commissioner may make subgrants of any
money received to other agencies, units of local government, private individuals, private
organizations, and private nonprofit corporations. Appropriate funds and accounts shall be
maintained by the commissioner of finance to secure compliance with this section.
deleted text begin (c)deleted text end new text begin (d) new text end The commissioner may accept for and on behalf of the permanent school fund
a donation of lands, interest in lands, or improvements on lands. A donation so received
shall become state property, be classified as school trust land as defined in section 92.025,
and be managed consistent with section 127A.31.
Sec. 2.
new text begin
[85.0145] ACQUISITION OF LAND FOR FACILITIES.
new text end
new text begin
The commissioner of natural resources may acquire interests in land by gift,
purchase, or lease for facilities outside the boundaries of state parks, state recreation areas,
or state waysides that are needed for the management of state parks, state recreation areas,
or state waysides established under sections 85.012 and 85.013.
new text end
Sec. 3.
Minnesota Statutes 2004, section 85.052, subdivision 4, is amended to read:
Subd. 4.
Deposit of fees.
(a) Fees paid for providing contracted products and
services within a state park, state recreation area, or wayside, and for special state park
uses under this section shall be deposited in the natural resources fund and credited to a
state parks account.
(b) Gross receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the general fund.
new text begin
(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
from which the purchase of the stockpile material was made.
new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 85.053, subdivision 2, is
amended to read:
Subd. 2.
Requirement.
Except as provided in section 85.054, a motor vehicle
may not enter a state park, state recreation area, or state wayside over 50 acres in area,
without a state park permit issued under this section. Except for vehicles permitted under
deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 7, paragraph (a), clause (2),new text begin and 8, new text end the state park permit must be
affixed to the lower right corner windshield of the motor vehicle and must be completely
affixed by its own adhesive to the windshield, or the commissioner may, by written order,
provide an alternative means to display and validate annual permits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 5.
Minnesota Statutes 2004, section 85.053, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Towed vehicles. new text end
new text begin
The commissioner shall prescribe and issue a temporary
permit for a vehicle that enters a park towed by a vehicle used for camping. The temporary
permit shall be issued with the camping permit and allows the towed vehicle to be driven
in state parks until the camping permit expires.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 6.
Minnesota Statutes 2004, section 85.054, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Soudan Underground Mine State Park. new text end
new text begin
A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at the visitor
parking area of Soudan Underground Mine State Park.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 7.
Minnesota Statutes 2005 Supplement, section 85.055, subdivision 1, is
amended to read:
Subdivision 1.
Fees.
The fee for state park permits for:
(1) an annual use of state parks is $25;
(2) a second vehicle state park permit is $18;
(3) a state park permit valid for one day is deleted text begin $7deleted text end new text begin $5new text end ;
(4) a daily vehicle state park permit for groups is deleted text begin $5deleted text end new text begin $3new text end ;
(5) new text begin an annual permit for motorcycles is $20;
new text end
new text begin (6) new text end an employee's state park permit is without charge; and
deleted text begin (6)deleted text end new text begin (7)new text end a state park permit for deleted text begin handicappeddeleted text end new text begin disablednew text end persons under section 85.053,
subdivision 7, clauses (1) and (2), is $12.
The fees specified in this subdivision include any sales tax required by state law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 8.
Minnesota Statutes 2004, section 88.79, subdivision 1, is amended to read:
Subdivision 1.
Employment of competent foresters; service to private owners.
The commissioner of natural resources may employ competent foresters to furnish owners
of forest lands within the state of Minnesota deleted text begin owning respectively not exceedingdeleted text end new text begin who own
not more than new text end 1,000 acres of deleted text begin suchdeleted text end new text begin forest new text end land, forest management services consisting ofnew text begin :new text end
new text begin (1) new text end advice in management and protection of timber,new text begin including written stewardship
and forest management plans;new text end
new text begin (2) new text end selection and marking of timber to be cutdeleted text begin ,deleted text end new text begin ;new text end
new text begin (3) new text end measurement of productsdeleted text begin ,deleted text end new text begin ;new text end
new text begin (4) new text end aid in marketing harvested productsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5) provision of tree-planting equipment;new text end and
new text begin (6) new text end such other services as the commissioner of natural resources deems necessary or
advisable to promote maximum sustained yield of timber upon such forest lands.
Sec. 9.
new text begin
[89.22] USES OF STATE FOREST LANDS; FEES.
new text end
new text begin Subdivision 1. new text end
new text begin Establishing fees. new text end
new text begin
Notwithstanding section 16A.1283, the
commissioner may, by written order published in the State Register, establish fees
providing for the use of state forest lands, including motorcycle, snowmobile, and sports
car rallies, races, or enduros; orienteering trials; group campouts that do not occur at
designated group camps; dog sled races; dog trials; large horse trail rides; and commercial
uses. The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply.
new text end
new text begin Subd. 2. new text end
new text begin Receipts to natural resources fund. new text end
new text begin
Fees collected under subdivision 1
shall be credited to a forest land use account in the natural resources fund.
new text end
Sec. 10.
Minnesota Statutes 2004, 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. deleted text begin The sale shall be made to the person who (1) bids the highest price for all
the several kinds of timber as advertised, or (2) if unsold at public auction, to the person
who purchases at any subsequent sale authorized under section 90.101, subdivision 1.deleted text end new text begin No
tract shall be sold to any person other than the purchaser in whose name the bid was made.new text end
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 writing on a form prescribed by the attorney
general 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 writing on a form prescribed
by the attorney general 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.
new text begin
(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 within ten business days of receiving a written award
notice. 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.
new text end
new text begin
(e) Except as otherwise provided by law, at the time the purchaser signs a permit
issued under section 90.151, the purchaser shall 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). If the 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.
new text end
Sec. 11.
new text begin
[90.145] PURCHASER QUALIFICATIONS AND REGISTRATION.
new text end
new text begin Subdivision 1. new text end
new text begin Purchaser qualifications. new text end
new text begin
(a) In addition to any other requirements
imposed by this chapter, the purchaser of a state timber permit issued under section 90.151
must meet the requirements in paragraphs (b) to (d).
new text end
new text begin
(b) The purchaser and the purchaser's agents, employees, subcontractors, and
assigns must comply with general industry safety standards for logging adopted by the
commissioner of labor and industry under chapter 182. The commissioner of natural
resources shall require a purchaser to provide proof of compliance with the general
industry safety standards.
new text end
new text begin
(c) The purchaser and the purchaser's agents, subcontractors, and assigns must
comply with the mandatory insurance requirements of chapter 176. The commissioner
shall require a purchaser to provide a copy of the proof of insurance required by section
176.130 before the start of harvesting operations on any permit.
new text end
new text begin
(d) Before the start of harvesting operations on any permit, the purchaser must
certify that a foreperson or other designated employee who has a current certificate of
completion from the Minnesota logger education program (MLEP), the Wisconsin Forest
Industry Safety and Training Alliance (FISTA), or any similar program acceptable to the
commissioner, is supervising active logging operations.
new text end
new text begin Subd. 2. new text end
new text begin Purchaser preregistration. new text end
new text begin
To facilitate the sale of permits issued under
section 90.151, the commissioner may establish a purchaser preregistration system.
Any system implemented by the commissioner shall be limited in scope to only that
information that is required for the efficient administration of the purchaser qualification
provisions of this chapter and shall conform with the requirements of chapter 13.
new text end
Sec. 12.
Minnesota Statutes 2004, 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 form approved by the attorney general, by the
terms of which the purchaser shall be authorized to enter upon the land, and to cut and
remove the timber therein described as designated for cutting in the report of the state
appraiser, according to the provisions of this chapter. The permit shall be correctly dated
and executed by the commissioner and signed by the purchaser. If a permit is not signed
by the purchaser within 60 days from the date of purchase, the permit cancels and the
down payment for timber required under section 90.14 forfeits to the state.
(b) The permit shall expire 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 shall
be cut within the time specified therein. All cut timber, equipment, and buildings not
removed from the land within 90 days after expiration of the permit shall become the
property of the state.
(c) The commissioner may grant an additional period of time not to exceed 120 days
for the removal of cut timber, equipment, and buildings upon receipt of such request by
the permit holder for good and sufficient reasons. The commissioner may grant a second
period of time not to exceed 120 days for the removal of cut timber, equipment, and
buildings upon receipt of a request by the permit holder for hardship reasons only.
deleted text begin
(d) No permit shall be issued to any person other than the purchaser in whose name
the bid was made.
deleted text end
Sec. 13.
Minnesota Statutes 2004, section 90.151, subdivision 6, is amended to read:
Subd. 6.
Notice and approval required.
The permit shall provide that the permit
holder shall not start cutting any state timber nor clear building sites nor logging roads until
the commissioner has been notified and has given prior approval to such cutting operations.new text begin
Approval shall not be granted until the permit holder has completed a presale conference
with the state appraiser designated to supervise the cutting. The permit holder shall also
give prior notice whenever permit operations are to be temporarily halted, whenever
permit operations are to be resumed, and when permit operations are to be completed.
new text end
Sec. 14.
Minnesota Statutes 2004, section 90.151, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Liquidated damages. new text end
new text begin
The permit may include a schedule of liquidated
damage charges for breach of permit terms by the permit holder. The damage charges shall
be limited to amounts that are reasonable in light of the anticipated or actual harm caused
by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of
otherwise obtaining an adequate remedy.
new text end
Sec. 15.
Minnesota Statutes 2004, section 103D.271, subdivision 7, is amended to read:
Subd. 7.
Termination hearing order.
When the board determines a termination
petition has been filed that meets the requirements of subdivisions 4 and 5 deleted text begin and the
petitioners' bond has been fileddeleted text end , the board must, by order, set a time by 35 days after its
determination and a location within the watershed district for a termination hearing.
Sec. 16.
Minnesota Statutes 2004, section 103I.005, subdivision 9, is amended to read:
Subd. 9.
Exploratory boring.
"Exploratory boring" means a surface drilling done
to explore or prospect for oil, natural gas, new text begin apatite, diamonds, graphite, gemstones, new text end kaolin
clay, and metallic minerals, including iron, copper, zinc, lead, gold, silver, titanium,
vanadium, nickel, cadmium, molybdenum, chromium, manganese, cobalt, zirconium,
beryllium, thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and
niobium, and a drilling or boring for petroleum.
Sec. 17.
Laws 2003, chapter 128, article 1, section 165, is amended to read:
Sec. 165. ISTS PILOT PROGRAM.
The Pollution Control Agency shall, in conjunction with the association of
Minnesota counties, designate three cooperating counties with waterbodies listed as
impaired by fecal coliform bacteria, and within designated counties shall:
(1) by July 1, deleted text begin 2007deleted text end new text begin 2008new text end , complete an inventory of properties with individual
sewage treatment systems that are an imminent threat to public health or safety due to
surface water discharges of untreated sewage, and the inventory of properties may be
phased over the period of the pilot project; and
(2) require compliance under the applicable requirements of this section by May 1,
deleted text begin 2008deleted text end new text begin 2009new text end . The pollution control agency may utilize cooperative agreements with the
three pilot counties to meet the requirements of clauses (1) and (2).
Sec. 18. new text begin LOWER MINNESOTA RIVER WATERSHED DISTRICT;
AUTHORITY TO ACQUIRE, MAINTAIN, OPERATE, IMPROVE, AND
ENLARGE DREDGE MATERIAL SITE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
The definitions in this subdivision apply to this section:
new text end
new text begin
(1) "district" means the Lower Minnesota River Watershed District, a district
established under Minnesota Statutes, chapter 103D;
new text end
new text begin
(2) "governing body" means the managers of the district as defined in Minnesota
Statutes, section 103D.011, subdivision 15; and
new text end
new text begin
(3) "dredge material site" means a site at which public agencies or private customers
may deposit material from dredging activities conducted on the Minnesota River.
new text end
new text begin Subd. 2. new text end
new text begin Authorization; authority to own and operate. new text end
new text begin
The district may own
and operate a dredge material site for its own needs, the needs of other public agencies,
the needs of private customers, or any combination of these. The district may acquire,
construct, and install all facilities needed for that purpose and may lease, purchase, or
acquire by exercise of the power of eminent domain any existing properties so needed.
The district may sell the dredge material to any person or entity. If the governing body
determines that the dredge material has no value, the district may convey the dredge
material for no consideration to any person or entity. The district may hire all personnel
the governing body deems necessary and may make all necessary rules and regulations for
the operation and maintenance of the dredge material site.
new text end
new text begin Subd. 3. new text end
new text begin Charges; net revenues. new text end
new text begin
(a) To pay for the acquisition, maintenance,
operation, improvement, and enlargement of the dredge material site and to obtain and
comply with permits required by law for the dredge material site, the governing body may
impose charges for permitting private customers to deposit dredge material at the dredge
material site and make contracts for the charges as provided in this section.
new text end
new text begin
(b) The amount of the charges imposed shall be established at the discretion of the
governing body. In determining the amount of the charges to be imposed, the governing
body may give consideration to all costs of the operation and maintenance of the dredge
material site, the costs of depreciation and replacement of structures and equipment, the
costs of improvements and enlargements, the cost of reimbursing the district for special
assessment revenues expended for the benefit of persons or entities not subject to special
assessment levies by the district, the amount of the principal and interest to become due
on obligations issued or to be issued, the costs of obtaining and complying with permits
required by law, the price charged for similar services by other providers of dredge
material sites in similar markets, and all other factors the governing body deems relevant.
new text end
new text begin
(c) At its discretion, the governing body may impose a surcharge on private
customers using the dredge material site in addition to the charges allowed under
paragraph (a). The surcharge shall be for the purpose of paying for the removal of dredge
material from the dredging site if the governing body determines it necessary. If the
governing body later determines that there is no need to pay for the removal of the dredge
material from the dredge material site, the governing body shall rebate all surcharges
paid by private customers.
new text end
Sec. 19. new text begin APPLICATION OF STORM WATER RULES TO COUNTIES.
new text end
new text begin
Until the Pollution Control Agency storm water rules are amended, the provisions of
Minnesota Rules, part 7090.1010, subpart 1, item B, subitems (2) and (3), only, shall not
apply to counties.
new text end
Sec. 20. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 89.011, subdivisions 1, 2, 3, and 6; and 103D.271,
subdivision 6,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
ECONOMIC DEVELOPMENT
Section 1.
Minnesota Statutes 2004, section 43A.08, subdivision 1a, is amended to read:
Subd. 1a.
Additional unclassified positions.
Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employee Relations; Employment and Economic Developmentnew text begin ; Explore
Minnesota Tourismnew text end ; Finance; Health; Human Rights; Labor and Industry; Natural
Resources; Public Safety; Human Services; Revenue; Transportation; and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the state
Board of Investment; the Office of Administrative Hearings; the Office of Environmental
Assistance; the Offices of the Attorney General, Secretary of State, and State Auditor;
the Minnesota State Colleges and Universities; the Higher Education Services Office; the
Perpich Center for Arts Education; and the Minnesota Zoological Board.
A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:
(1) the designation of the position would not be contrary to other law relating
specifically to that agency;
(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;
(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;
(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;
(6) the position would be at the level of division or bureau director or assistant
to the agency head; and
(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.
Sec. 2.
Minnesota Statutes 2004, section 80C.01, subdivision 4, is amended to read:
Subd. 4.
Franchise.
(a) "Franchise" means (1) a contract or agreement, either
express or implied, whether oral or written, for a definite or indefinite period, between
two or more persons:
(i) by which a franchisee is granted the right to engage in the business of offering or
distributing goods or services using the franchisor's trade name, trademark, service mark,
logotype, advertising, or other commercial symbol or related characteristics;
(ii) in which the franchisor and franchisee have a community of interest in the
marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise; and
(iii) for which the franchisee pays, directly or indirectly, a franchise fee; or
(2) a contract, lease, or other agreement, either express or implied, whether oral or
written, for a definite or indefinite period, between two or more persons, whereby the
franchisee is authorized, permitted, or granted the right to market motor vehicle fuel at
retail under the franchisor's trade name, trademark, service mark, logotype, or other
commercial symbol or related characteristics owned or controlled by the franchisor; or
(3) the sale or lease of any products, equipment, chattels, supplies, or services to the
purchaser, other than the sale of sales demonstration equipment, materials or samples for a
total price of $500 or less to any one person, for the purpose of enabling the purchaser
to start a business and in which the seller:
(i) represents that the seller, lessor, or an affiliate thereof will provide locations or
assist the purchaser in finding locations for the use or operation of vending machines,
racks, display cases, or similar devices, or currency operated amusement machines or
devices, on premises neither owned or leased by the purchaser or seller; or
(ii) represents that the seller will purchase any or all products made, produced,
fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the
supplies, services, or chattels sold to the purchaser; or
(iii) guarantees that the purchaser will derive income from the business which
exceeds the price paid to the seller; or
(4) an oral or written contract or agreement, either expressed or implied, for a
definite or indefinite period, between two or more persons, under which a manufacturer,
selling security systems through dealers or distributors in this state, requires regular
payments from the distributor or dealer as royalties or residuals for products purchased
and paid for by the dealer or distributor.
(b) "Franchise" does not include any business which is operated under a lease or
license on the premises of the lessor or licensor as long as such business is incidental to
the business conducted by the lessor or licensor on such premises, including, without
limitation, leased departments, licensed departments, and concessions.
(c) "Franchise" does not include any contract, lease or other agreement whereby the
franchisee is required to pay less than $100 on an annual basis, except those franchises
identified in paragraph (a), clause (2).
(d) "Franchise" does not include a contract, lease or other agreement between a new
motor vehicle manufacturer, distributor, or factory branch and a franchisee whereby the
franchisee is granted the right to market automobiles, motorcycles, trucks, truck-tractors,
or self-propelled motor homes or campers if the foregoing are designed primarily for the
transportation of persons or property on public highways.
(e) "Franchise" does not include a contract, lease, or other agreement or arrangement
between two or more air carriers, or between one or more air carriers and one or more
foreign air carriers. The terms "air carrier" and "foreign air carrier" shall have the
meanings assigned to them by the Federal Aviation Act, United States Code Appendix,
title 49, sections 1301(3) and 1301(22), respectively.
new text begin
(f) For purposes of paragraph (a), clause (2), "franchise" does not include the
marketing of motor vehicle fuel in circumstances where all the following are present:
new text end
new text begin
(1) the franchisor or an affiliate of the franchisor is not a refiner of motor vehicle
fuel, diesel fuel, or gasoline;
new text end
new text begin
(2) the franchisor's trade name, trademark, service mark, logotype, or other
commercial symbol or related characteristics is not used to identify the marketing premises
generally, but only the gasoline dispensers, canopy, and gasoline price signage, provided,
however, this circumstance is not changed by a voluntary decision by the retailer to
identify the buildings on the premises in the manner selected by the retailer;
new text end
new text begin
(3) the franchisor does not impose any requirements or franchise fee on nonmotor
vehicle fuel products or sales, provided this circumstance is not changed by a voluntary
decision by the retailer to purchase nonmotor vehicle fuel products from the franchisor or
an affiliate of the franchisor; and
new text end
new text begin
(4) the facility is not leased from the franchisor or affiliate of the franchisor.
new text end
deleted text begin (f) deleted text end new text begin (g) new text end For purposes of this chapter, a person who sells motor vehicle fuel at
wholesale who does not own or control, or is not an affiliate of a person who owns or
controls, the trademark, trade name, service mark, logotype, or other commercial symbol
or related characteristics under which the motor vehicle fuel is sold at retail, is not a
franchisor or a franchisee, and is not considered to be part of a franchise relationship.
Sec. 3.
new text begin
[80C.144] EXEMPT MOTOR FUEL FRANCHISES; ALTERNATIVE
COMPLIANCE.
new text end
new text begin
A motor fuel franchise exempt from regulation under this chapter pursuant to section
80C.01, subdivision 4, paragraph (f), is subject to regulation under chapter 80F.
new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 115C.09, subdivision 3j, is
amended to read:
Subd. 3j.
Retail locations and transport vehicles.
(a) As used in this subdivision,
"retail location" means a facility located in the metropolitan area as defined in section
473.121, subdivision 2, where gasoline is offered for sale to the general public for use in
automobiles and trucks. "Transport vehicle" means a liquid fuel cargo tank used to deliver
gasoline into underground storage tanks during 2002 deleted text begin anddeleted text end new text begin ornew text end 2003 at a retail location.
(b) Notwithstanding any other provision in this chapter, and any rules adopted under
this chapter, the board shall reimburse 90 percent of an applicant's cost for retrofits of
retail locations and transport vehicles completed between January 1, 2001, and deleted text begin Januarydeleted text end new text begin
Septembernew text end 1, 2006, to comply with section 116.49, subdivisions 3 and 4, provided that the
board determines the costs were incurred and reasonable. The reimbursement may not
exceed $3,000 per retail location and $3,000 per transport vehicle.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from August 1, 2003.
new text end
Sec. 5.
Minnesota Statutes 2004, section 116J.421, subdivision 3, is amended to read:
Subd. 3.
Duties.
The center shall:
(1) research and identify present and emerging social and economic issues for rural
Minnesota, including health care, transportation, crime, housing, and job training;
(2) forge alliances and partnerships with rural communities to find practical solutions
to economic and social problems;
(3) provide a resource center for rural communities on issues of importance to them;
(4) encourage collaboration across higher education institutions to provide
interdisciplinary team approaches to problem solving with rural communities; deleted text begin and
deleted text end
(5) involve students in center projectsnew text begin ; and
new text end
new text begin (6) submit to the legislature a report on the "State of Rural Minnesota" no later
than March 1 in each odd-numbered yearnew text end .
Sec. 6.
Minnesota Statutes 2004, section 116L.04, subdivision 1, is amended to read:
Subdivision 1.
Partnership program.
(a) The partnership program may provide
grants-in-aid to educational or other nonprofit educational institutions using the following
guidelines:
(1) the educational or other nonprofit educational institution is a provider of training
within the state in either the public or private sector;
(2) the program involves skills training that is an area of employment need; and
(3) preference will be given to educational or other nonprofit training institutions
which serve economically disadvantaged people, minorities, or those who are victims of
economic dislocation and to businesses located in rural areas.
(b) A single grant to any one institution shall not exceed $400,000. deleted text begin Up to 25 percentdeleted text end
new text begin A portion new text end of a grant may be used for preemployment training.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2004, section 116L.04, subdivision 1a, is amended to read:
Subd. 1a.
Pathways program.
The pathways program may provide grants-in-aid
for developing programs which assist in the transition of persons from welfare to work and
assist individuals at or below 200 percent of the federal poverty guidelines. The program
is to be operated by the board. The board shall consult and coordinate with program
administrators at the Department of Employment and Economic Development to design
and provide services for temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational or other nonprofit training
institutions for education and training programs and services supporting education and
training programs that serve eligible recipients.
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths for trainees;
(3) pilot the development of an educational pathway that can be used on a continuing
basis for transitioning persons from welfare to work; and
(4) demonstrate the active participation of Department of Employment and
Economic Development workforce centers, Minnesota State College and University
institutions and other educational institutions, and local welfare agencies.
Pathways projects must demonstrate the active involvement and financial
commitment of private business. Pathways projects must be matched with cash or in-kind
contributions on at least a one-to-one ratio by participating private business.
A single grant to any one institution shall not exceed $400,000. deleted text begin Up to 25 percent ofdeleted text end
new text begin A portion of new text end a grant may be used for preemployment training.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2004, section 116L.12, subdivision 4, is amended to read:
Subd. 4.
Grants.
Within the limits of available appropriations, the board shall make
grants not to exceed $400,000 each to qualifying consortia to operate local, regional, or
statewide training and retention programs. Grants may be made from TANF funds, general
fund appropriations, and any other funding sources available to the board, provided the
requirements of those funding sources are satisfied.deleted text begin Up to 25 percent deleted text end new text begin A portion new text end of a
grant may be used for preemployment training. Grant awards must establish specific,
measurable outcomes and timelines for achieving those outcomes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2004, section 183.02, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Inland waters. new text end
new text begin
"Inland waters" means navigable bodies of water within
the boundaries of this state, excluding boundary lakes and boundary rivers.
new text end
Sec. 10.
Minnesota Statutes 2005 Supplement, section 216C.052, subdivision 3,
is amended to read:
Subd. 3.
Assessment and appropriation.
In addition to the amount noted in
subdivision 2, the commission may assess utilities, using the mechanism specified in that
subdivision, up to an additional $500,000 annually through June 30, deleted text begin 2006deleted text end new text begin 2008new text end . The
amounts assessed under this subdivision are appropriated to the commission, and some or
all of the amounts assessed may be transferred to the commissioner of administration, for
the purposes specified in section 16B.325 and Laws 2001, chapter 212, article 1, section
3, as needed to implement those sections.
Sec. 11.
Minnesota Statutes 2005 Supplement, section 216C.052, subdivision 4,
is amended to read:
Subd. 4.
Expiration.
deleted text begin This section expiresdeleted text end new text begin Subdivisions 1 and 2 expire new text end June 30,
2007.new text begin Subdivision 3 expires June 30, 2008.
new text end
Sec. 12.
Minnesota Statutes 2005 Supplement, section 216C.41, subdivision 3, is
amended to read:
Subd. 3.
Eligibility window.
Payments may be made under this section only for
electricity generated:
(1) from a qualified hydroelectric facility that is operational and generating
electricity before December 31, deleted text begin 2007deleted text end new text begin 2009new text end ;
(2) from a qualified wind energy conversion facility that is operational and
generating electricity before January 1, deleted text begin 2007deleted text end new text begin 2008new text end ; or
(3) from a qualified on-farm biogas recovery facility from July 1, 2001, through
December 31, 2017.
Sec. 13.
Minnesota Statutes 2004, section 216C.41, subdivision 4, is amended to read:
Subd. 4.
Payment period.
(a) A facility may receive payments under this section for
a ten-year period. No payment under this section may be made for electricity generated:
(1) by a qualified hydroelectric facility after December 31, deleted text begin 2017deleted text end new text begin 2019new text end ;
(2) by a qualified wind energy conversion facility after December 31, deleted text begin 2017deleted text end new text begin 2018new text end ; or
(3) by a qualified on-farm biogas recovery facility after December 31, 2015.
(b) The payment period begins and runs consecutively from the date the facility
begins generating electricity or, in the case of refurbishment of a hydropower facility, after
substantial repairs to the hydropower facility dam funded by the incentive payments are
initiated.
Sec. 14.
Minnesota Statutes 2004, section 298.22, subdivision 1, is amended to read:
Subdivision 1.
The office of the commissioner of Iron Range resources and
rehabilitation.
(1) The office of the commissioner of Iron Range resources and
rehabilitation is creatednew text begin as an agency in the executive branch of state governmentnew text end . The
governor shall appoint the commissioner of Iron Range resources and rehabilitation under
section 15.06.
(2) The commissioner may hold other positions or appointments that are not
incompatible with duties as commissioner of Iron Range resources and rehabilitation. The
commissioner may appoint a deputy commissioner. All expenses of the commissioner,
including the payment of deleted text begin suchdeleted text end new text begin staff and othernew text end assistance as may be necessary, must be
paid out of the amounts appropriated by section 298.28new text begin or otherwise made available by
law to the commissionernew text end .
(3) When the commissioner determines that distress and unemployment exists or
may exist in the future in any county by reason of the removal of natural resources or
a possibly limited use of natural resources in the future and any resulting decrease in
employment, the commissioner may use whatever amounts of the appropriation made to
the commissioner of revenue in section 298.28 that are determined to be necessary and
proper in the development of the remaining resources of the county and in the vocational
training and rehabilitation of its residents, except that the amount needed to cover cost
overruns awarded to a contractor by an arbitrator in relation to a contract awarded by
the commissioner or in effect after July 1, 1985, is appropriated from the general fund.
For the purposes of this section, "development of remaining resources" includes, but is
not limited to, the promotion of tourism.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2004, section 298.22, subdivision 8, is amended to read:
Subd. 8.
Spending priority.
In making or approving any expenditures on programs
or projects, the commissioner and the board shall give the highest priority to programs
and projects that target relief to those areas of the taconite assistance area as defined in
section 273.1341, that have the largest percentages of job losses and population losses
directly attributable to the economic downturn in the taconite industry since the 1980s.
The commissioner and the board shall compare the 1980 population and employment
figures with the 2000 population and employment figures, and shall specifically consider
the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company,
in making or approving expenditures consistent with this subdivision, as well as the areas
of residence of persons who suffered job loss for which relief is to be targeted under this
subdivision. new text begin The commissioner may lease, for a term not exceeding 50 years and upon the
terms determined by the commissioner and approved by the board, surface and mineral
interests owned or acquired by the state of Minnesota acting by and through the office of
the commissioner of Iron Range resources and rehabilitation within those portions of the
taconite assistance area affected by the closure of the LTV Steel Mining Company facility
near Hoyt Lakes. The payments and royalties from these leases must be deposited into the
fund established in section 298.292. new text end This subdivision supersedes any other conflicting
provisions of law and does not preclude the commissioner and the board from making
expenditures for programs and projects in other areas.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2004, section 298.22, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Budgeting. new text end
new text begin
The commissioner of Iron Range resources and rehabilitation
shall annually prepare a budget for operational expenditures, programs, and projects, and
submit it to the Iron Range Resources and Rehabilitation Board and the governor for
approval. After the budget is approved by the board and the governor, the commissioner
may spend money in accordance with the approved budget.
new text end
Sec. 17.
Minnesota Statutes 2004, section 298.2213, subdivision 4, is amended to read:
Subd. 4.
Project approval.
The boardnew text begin and commissionernew text end shall by August 1 each
year prepare a list of projects to be funded from the money appropriated in this section
with necessary supporting information including descriptions of the projects, plans, and
cost estimates. A project must not be approved by the board unless it finds that:
(1) the project will materially assist, directly or indirectly, the creation of additional
long-term employment opportunities;
(2) the prospective benefits of the expenditure exceed the anticipated costs; and
(3) in the case of assistance to private enterprise, the project will serve a sound
business purpose.
deleted text begin To be proposed by the board, adeleted text end new text begin Eachnew text end project must be approved by a majority of
the Iron Range Resources and Rehabilitation Board members and the commissioner of
Iron Range resources and rehabilitation. The list of projects must be submitted to the
governor, who shall, by November 15 of each year, approve, disapprove, or return for
further consideration, each project. The money for a project may be spent only upon
approval of the project by the governor. The board may submit supplemental projects
for approval at any time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2004, section 298.223, subdivision 2, is amended to read:
Subd. 2.
Administration.
The taconite new text begin area new text end environmental protection fund shall be
administered by the commissioner of the Iron Range Resources and Rehabilitation Board.
The commissioner shall by September 1 of each year submit to the board a list of projects
to be funded from the taconite new text begin area new text end environmental protection fund, with such supporting
information including description of the projects, plans, and cost estimates as may be
necessary. Upon approval by a majority of the members of the Iron Range Resources
and Rehabilitation Board, this list shall be submitted to the governor by November 1 of
each year. By December 1 of each year, the governor shall approve or disapprove, or
return for further consideration, each project. Funds for a project may be expended only
upon approval of the project by the board and governor. The commissioner may submit
supplemental projects to the board and governor for approval at any time.
Sec. 19.
Minnesota Statutes 2004, section 298.223, subdivision 3, is amended to read:
Subd. 3.
Appropriation.
There is deleted text begin herebydeleted text end annually appropriated to the commissioner
of Iron Range resources and rehabilitation deleted text begin suchdeleted text end new text begin taconite area environmental protectionnew text end
funds deleted text begin as aredeleted text end necessary to carry out deleted text begin thedeleted text end new text begin approvednew text end projects deleted text begin approveddeleted text end new text begin and programsnew text end and
deleted text begin suchdeleted text end new text begin thenew text end funds deleted text begin as aredeleted text end necessary for administration of this section. Annual administrative
costs, not including detailed engineering expenses for the projects, shall not exceed five
percent of the amount annually expended from the fund.
Funds for the purposes of this section are provided by section 298.28, subdivision
11, relating to the taconite new text begin area new text end environmental protection fund.
Sec. 20.
Minnesota Statutes 2005 Supplement, section 298.296, subdivision 1, is
amended to read:
Subdivision 1.
Project approval.
The board new text begin and commissioner new text end shall by August 1 of
each year prepare a list of projects to be funded from the Douglas J. Johnson economic
protection trust with necessary supporting information including description of the
projects, plans, and cost estimates. These projects shall be consistent with the priorities
established in section 298.292 and shall not be approved by the board unless it finds that:
(a) the project will materially assist, directly or indirectly, the creation of additional
long-term employment opportunities;
(b) the prospective benefits of the expenditure exceed the anticipated costs; and
(c) in the case of assistance to private enterprise, the project will serve a sound
business purpose.
deleted text begin To be proposed by the board, adeleted text end new text begin Eachnew text end project must be approved by at least eight
Iron Range Resources and Rehabilitation Board members and the commissioner of
Iron Range resources and rehabilitation. The list of projects shall be submitted to the
governor, who shall, by November 15 of each year, approve or disapprove, or return for
further consideration, each project. The money for a project may be expended only upon
approval of the project by the governor. The board may submit supplemental projects
for approval at any time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2005 Supplement, section 298.298, is amended to read:
298.298 LONG-RANGE PLAN.
Consistent with the policy established in sections 298.291 to 298.298, the Iron
Range Resources and Rehabilitation Board shall prepare and present to the governor and
the legislature by deleted text begin January 1, 1984deleted text end new text begin December 31, 2006,new text end a long-range plan for the use of the
Douglas J. Johnson economic protection trust fund for the economic development and
diversification of the taconite assistance area defined in section 273.1341. deleted text begin The Iron Range
Resources and Rehabilitation Board shall, before November 15 of each even numbered
year, prepare a report to the governor and legislature updating and revising this long-range
plan and reporting on the Iron Range Resources and Rehabilitation Board's progress on
those matters assigned to it by law. After January 1, 1984,deleted text end No project shall be approved
by the Iron Range Resources and Rehabilitation Board which is not consistent with the
goals and objectives established in the long-range plan.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2005 Supplement, section 327.201, is amended to read:
327.201 STATE FAIR CAMPING AREA.
Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner
of health, the State Agricultural Society must operate and maintain a camping area on the
State Fairgrounds during the State Fairnew text begin and the Minnesota Street Rod Association's Back
to the 50's eventnew text end , subject to the following conditions:
(1) recreational camping vehicles and tents, including their attachments, must be
separated from each other and from other structures by at least seven feet;
(2) a minimum area of 300 square feet per site must be provided and the total number
of sites must not exceed one site for every 300 square feet of usable land area; and
(3) each site must face a driveway at least 16 feet in width and each driveway must
have unobstructed access to a public roadway.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2004, section 446A.03, subdivision 5, is amended to read:
Subd. 5.
Executive director.
The commissioner shall employ, with the concurrence
of the authority, an executive directornew text begin in the unclassified servicenew text end . The director shall
perform duties that the authority may require in carrying out its responsibilities.
Sec. 24.
Minnesota Statutes 2004, section 446A.072, subdivision 7, is amended to read:
Subd. 7.
Loan repayments.
new text begin Notwithstanding the limitations set forth in section
475.54, subdivision 1, this subdivision shall govern the maturities and mandatory sinking
fund redemptions of the loans under this section. new text end A municipality receiving a loan under this
section shall repay the loan in semiannual payment amounts determined by the authority.
The payment amount must be based on the average payments on the municipality's water
pollution control revolving fund loan or, if greater, the minimum amount required to fully
repay the loan by the maturity date. Payments must begin within one year of the date of
the municipality's final payment on the water pollution control revolving fund loan. The
new text begin final new text end maturity date of the loan new text begin under this section new text end must be no later than 20 years from the
date of the first paymentnew text begin on the loan under this section and no later than 40 years from the
date of the first payment on the water pollution control revolving fund loannew text end .
Sec. 25.
Minnesota Statutes 2004, section 446A.12, subdivision 1, is amended to read:
Subdivision 1.
Bonding authority.
The authority may issue negotiable bonds in a
principal amount that the authority determines necessary to provide sufficient funds for
achieving its purposes, including the making of loans and purchase of securities, the
payment of interest on bonds of the authority, the establishment of reserves to secure its
bonds, the payment of fees to a third party providing credit enhancement, and the payment
of all other expenditures of the authority incident to and necessary or convenient to carry
out its corporate purposes and powers, but not including the making of grants. Bonds of
the authority may be issued as bonds or notes or in any other form authorized by law. The
principal amount of bonds issued and outstanding under this section at any time may not
exceed deleted text begin $1,250,000,000deleted text end new text begin $1,500,000,000new text end , excluding bonds for which refunding bonds or
crossover refunding bonds have been issued.
Sec. 26.
Minnesota Statutes 2004, section 469.312, subdivision 5, is amended to read:
Subd. 5.
Duration limit.
new text begin (a) new text end The maximum duration of a zone is 12 years. The
applicant may request a shorter duration. The commissioner may specify a shorter
duration, regardless of the requested duration.
new text begin
(b) The duration limit under this subdivision and the duration of the zone for
purposes of allowance of tax incentives described in section 469.315 is extended by three
calendars years for each parcel of property that meets the following requirements:
new text end
new text begin
(1) the qualified business operates an ethanol plant, as defined in section 41A.09, on
the site that includes the parcel; and
new text end
new text begin
(2) the business subsidy agreement was executed after April 30, 2006.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
Laws 2005, First Special Session chapter 1, article 3, section 17, is amended
to read:
Sec. 17. FUND TRANSFER.
By June 30, 2007, deleted text begin the commissioner of the Pollution Control Agency shall transferdeleted text end
$4,000,000 new text begin is appropriated new text end from the metropolitan landfill contingency action trust account
within the remediation fund to the commissioner of finance for transfer to the renewable
development account, under Minnesota Statutes, section 116C.779. This is a onetime
deleted text begin transfer from the metropolitan landfill contingency action trust account to the renewable
development accountdeleted text end new text begin appropriationnew text end . It is the intent of the legislature to restore these funds
to the metropolitan landfill contingency action trust account as revenues become available
in the future to ensure the state meets future financial obligations under Minnesota
Statutes, section 473.845. The funds provided for in this deleted text begin transferdeleted text end new text begin appropriation new text end may only
be used to make the incentive payments for wind energy conversion systems authorized
under Minnesota Statutes, section 116C.779, subdivision 2.
ARTICLE 5
MISCELLANEOUS
Section 1.
Minnesota Statutes 2004, section 97A.045, subdivision 11, is amended to
read:
Subd. 11.
Power to prevent or control wildlife disease.
(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.
(b) new text begin The commissioner shall restrict wildlife feeding within a 15-mile radius of a
cattle herd that is infected with bovine tuberculosis.
new text end
new text begin (c) new text end The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.
Sec. 2.
Minnesota Statutes 2004, section 115B.48, subdivision 3, is amended to read:
Subd. 3.
Dry cleaning facility.
"Dry cleaning facility" means a facility located in
this state that is or has been used for a dry cleaning operation, other than:
(1) a coin-operated dry cleaning operation;
(2) a facility located on a United States military base;
(3) a uniform service or linen supply facility;
(4) a prison or other penal institution;
(5) a facility on the national priorities list established under the federal Superfund
Act; or
(6) a facility at which a response action has been taken or started deleted text begin under section
115B.17deleted text end before July 1, 1995, except as authorized in a settlement agreement approved by
the commissioner by July 1, 1997.
Sec. 3. new text begin CONSUMPTIVE USE OF WATER.
new text end
new text begin
Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
approves the consumptive use of water under a permit of more than 2,000,000 gallons per
day average in a 30-day period in Itasca County, in connection with an innovative energy
project facility, subject to the commissioner of natural resources making a determination
that the water remaining in the basin of origin will be adequate to meet the basin's need
for water and approval by the commissioner of natural resources of all applicable permits.
new text end