1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; allowing expenditure of 1.3 appropriated money for certain seminars and 1.4 conferences; clarifying certain prohibitions related 1.5 to the operation of snowmobiles, all-terrain vehicles, 1.6 and motorboats; modifying composition of the outdoor 1.7 recreation system; modifying disposition of certain 1.8 receipts; designating a migratory waterfowl refuge; 1.9 modifying certain rulemaking authority; eliminating 1.10 trawling fees; providing for acquisition of critical 1.11 aquatic habitat; modifying commissioner's authority to 1.12 remove rough fish; modifying minnow retailer and 1.13 turtle license provisions; clarifying forfeiture 1.14 procedure; modifying mineral land provisions; 1.15 increasing project amount for security in place of 1.16 bonds; granting legislative approval for certain water 1.17 usage; providing for replacement firearms deer 1.18 licenses; making the experimental two-deer license in 1.19 certain counties permanent; modifying moose and turkey 1.20 separate selection processes; temporarily limiting the 1.21 ability of the commissioner to reduce yellow perch 1.22 limits; modifying certain fee setting authority of the 1.23 commissioner of natural resources; appropriating 1.24 money; amending Minnesota Statutes 1998, sections 1.25 9.071; 84.925, subdivision 1; 86A.04; 93.05; 93.055; 1.26 93.14; 93.15; 93.16; 93.17; 93.193, subdivision 1; 1.27 93.21; 93.22; 93.25, subdivisions 1 and 2; 93.26; 1.28 93.27; 93.28; 93.285, subdivisions 2 and 3; 93.335, 1.29 subdivision 1; 93.43; 97A.095, by adding a 1.30 subdivision; 97A.405, by adding a subdivision; 1.31 97A.431, subdivision 4; 97A.435, subdivision 4; 1.32 97A.475, subdivision 30, and by adding a subdivision; 1.33 97B.015, subdivisions 2 and 4; 97B.301, subdivision 4; 1.34 97C.041; 97C.401, by adding a subdivision; 97C.501, 1.35 subdivisions 1 and 2; and 97C.605, subdivisions 1 and 1.36 2; Minnesota Statutes 1999 Supplement, sections 84.86, 1.37 subdivision 1; 84.91, subdivision 1; 97A.065, 1.38 subdivision 2; 97B.025; 169.1217, subdivision 7a; 1.39 290.431; 290.432; and 574.264, subdivision 1; 1.40 proposing coding for new law in Minnesota Statutes, 1.41 chapters 84; 93; and 97C; repealing Minnesota Statutes 1.42 1998, sections 93.07; 93.08; 93.09; 93.10; 93.11; 1.43 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 93.202; 1.44 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 1.45 93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 1.46 93.34, subdivisions 1 and 3; 93.351; 93.352; 93.353; 2.1 93.354; 93.355; 93.356; 93.357; 93.37; 93.38; 93.39; 2.2 93.42; and 97B.312. 2.3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.4 Section 1. Minnesota Statutes 1998, section 9.071, is 2.5 amended to read: 2.6 9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.] 2.7 The council has the powers with respect tothe: 2.8 (1) timberlands provided in sections 90.031, 90.041, and 2.9 90.151; 2.10 (2) lands acquired from the United States provided in 2.11 section 94.50; 2.12 (3) lands subject to delinquent drainage assessments 2.13 provided in section 84A.20; 2.14 (4) transfer of lands between departments of state 2.15 government provided in section 15.16; 2.16 (5) sale or exchange of lands within national forests 2.17 provided in sections 92.30 and 92.31; 2.18 (6) approval of acquisition of land for camping or parking 2.19 area provided in sections 97A.135 and 97A.141; 2.20 (7)modification of iron leases provided in section 93.191;2.21(8)awardingpermitsleases to prospect for iron ore 2.22 provided in section 93.17; 2.23(9)(8) approval of rules for issuance ofpermitsleases to 2.24 prospect for minerals under state lands provided in 2.25 section93.0893.25; and 2.26(10)(9) construction of dams provided in section 103G.545. 2.27 Sec. 2. [84.0846] [NATURAL RESOURCE SEMINARS AND 2.28 CONFERENCES.] 2.29 The commissioner of natural resources may advance funds 2.30 appropriated for natural resource programs to government 2.31 agencies, the National Fish and Wildlife Foundation, federally 2.32 recognized Indian tribes and bands, colleges and universities, 2.33 and nonprofit organizations deemed by the commissioner to be 2.34 dedicated to the goals and objectives of the department for the 2.35 purpose of sponsoring or cosponsoring conferences and seminars 2.36 related to natural resources issues and management. The 3.1 commissioner shall execute grants or contracts with the 3.2 responsible parties under section 16C.05 prior to advancing any 3.3 state funds and the agreements must provide for a full 3.4 accounting of how the state's funds will be spent. 3.5 Sec. 3. Minnesota Statutes 1999 Supplement, section 84.86, 3.6 subdivision 1, is amended to read: 3.7 Subdivision 1. With a view of achieving maximum use of 3.8 snowmobiles consistent with protection of the environment the 3.9 commissioner of natural resources shall adopt rules in the 3.10 manner provided by chapter 14, for the following purposes: 3.11 (1) Registration of snowmobiles and display of registration 3.12 numbers. 3.13 (2) Use of snowmobiles insofar as game and fish resources 3.14 are affected. 3.15 (3) Use of snowmobiles on public lands and waters, or on 3.16 grant-in-aid trails. 3.17 (4) Uniform signs to be used by the state, counties, and 3.18 cities, which are necessary or desirable to control, direct, or 3.19 regulate the operation and use of snowmobiles. 3.20 (5) Specifications relating to snowmobile mufflers. 3.21 (6) A comprehensive snowmobile information and safety 3.22 education and training program, including but not limited to the 3.23 preparation and dissemination of snowmobile information and 3.24 safety advice to the public, the training of snowmobile 3.25 operators, and the issuance of snowmobile safety certificates to 3.26 snowmobile operators who successfully complete the snowmobile 3.27 safety education and training course. For the purpose of 3.28 administering such program and to defray expenses of training 3.29 and certifying snowmobile operators, the commissioner shall 3.30 collect a fee from each person who receives the youth and young 3.31 adult training or the adult training. The commissioner shall 3.32 establish a fee that neither significantly over-recovers nor 3.33 under-recovers costs, including overhead costs, involved in 3.34 providing the services. The fee is not subject to the 3.35 rulemaking provisions of chapter 14 and section 14.386 does not 3.36 apply. Thecommissioner shall deposit the feefees must be 4.1 deposited in the snowmobile trails and enforcement account and 4.2 the amount thereof is appropriated annually to thecommissioner4.3 enforcement division of the department of natural resources for 4.4 the administration of such programs. In addition to the fee 4.5 established by the commissioner, instructors may charge each 4.6 person up to the established fee amount for class materials and 4.7 expenses. The commissioner shall cooperate with private 4.8 organizations and associations, private and public corporations, 4.9 and local governmental units in furtherance of the program 4.10 established under this clause. School districts may cooperate 4.11 with the commissioner and volunteer instructors to provide space 4.12 for the classroom portion of the training. The commissioner 4.13 shall consult with the commissioner of public safety in regard 4.14 to training program subject matter and performance testing that 4.15 leads to the certification of snowmobile operators. 4.16 (7) The operator of any snowmobile involved in an accident 4.17 resulting in injury requiring medical attention or 4.18 hospitalization to or death of any person or total damage to an 4.19 extent of $500 or more, shall forward a written report of the 4.20 accident to the commissioner on such form as the commissioner 4.21 shall prescribe. If the operator is killed or is unable to file 4.22 a report due to incapacitation, any peace officer investigating 4.23 the accident shall file the accident report within ten business 4.24 days. 4.25 Sec. 4. Minnesota Statutes 1999 Supplement, section 84.91, 4.26 subdivision 1, is amended to read: 4.27 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other 4.28 person having charge or control of any snowmobile or all-terrain 4.29 vehicle shall authorize or permit any individual the person 4.30 knows or has reason to believe is under the influence of alcohol 4.31 or a controlled substance or other substance to operate the 4.32 snowmobile or all-terrain vehicle anywhere in this state or on 4.33 the ice of any boundary water of this state. 4.34 (b) No owner or other person having charge or control of 4.35 any snowmobile or all-terrain vehicle shall knowingly authorize 4.36 or permit any person, who by reason of any physical or mental 5.1 disability is incapable of operating the vehicle, to operate the 5.2 snowmobile or all-terrain vehicle anywhere in this state or on 5.3 the ice of any boundary water of this state. 5.4 (c) A person who operates or is in physical control of a 5.5 snowmobile or all-terrain vehicle anywhere in this state or on 5.6 the ice of any boundary water of this state is subject to 5.7 sections 169.121 to 169.1218 and 169.123 to 169.129. In 5.8 addition to the applicable sanctions under chapter 169, a person 5.9 who is convicted of violating section 169.121 or an ordinance in 5.10 conformity with it while operating a snowmobile or all-terrain 5.11 vehicle, or who refuses to comply with a lawful request to 5.12 submit to testing under section 169.123 or an ordinance in 5.13 conformity with it, shall be prohibited from operating the 5.14 snowmobile or all-terrain vehicle for a period of one year. The 5.15 commissioner shall notify theconvictedperson of the time 5.16 period during which the person is prohibited from operating a 5.17 snowmobile or all-terrain vehicle. 5.18 (d) Administrative and judicial review of the operating 5.19 privileges prohibition is governed by section 97B.066, 5.20 subdivisions 7 to 9, if the person does not have a prior 5.21 impaired driving conviction or prior license revocation, as 5.22 defined in section 169.121, subdivision 3. Otherwise, 5.23 administrative and judicial review of the prohibition is 5.24 governed by section 169.123. 5.25 (e) The court shall promptly forward to the commissioner 5.26 and the department of public safety copies of all convictions 5.27 and criminal and civil sanctions imposed under this section and 5.28 chapter 169 relating to snowmobiles and all-terrain vehicles. 5.29 (f) A person who violates paragraph (a) or (b), or an 5.30 ordinance in conformity with either of them, is guilty of a 5.31 misdemeanor. A person who operates a snowmobile or all-terrain 5.32 vehicle during the time period the person is prohibited from 5.33 operating a vehicle under paragraph (c) is guilty of a 5.34 misdemeanor. 5.35 Sec. 5. Minnesota Statutes 1998, section 84.925, 5.36 subdivision 1, is amended to read: 6.1 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner 6.2 shall establish a comprehensive all-terrain vehicle 6.3 environmental and safety education and training program, 6.4 including the preparation and dissemination of vehicle 6.5 information and safety advice to the public, the training of 6.6 all-terrain vehicle operators, and the issuance of all-terrain 6.7 vehicle safety certificates to vehicle operators over the age of 6.8 12 years who successfully complete the all-terrain vehicle 6.9 environmental and safety education and training course. 6.10 (b) For the purpose of administering the program and to 6.11 defray a portion of the expenses of training and certifying 6.12 vehicle operators, the commissioner shall collect a feeof not6.13to exceed $5from each person who receives the trainingand6.14shall deposit the fee in the all-terrain vehicle account. The 6.15 commissioner shall establish a fee that neither significantly 6.16 over recovers nor under recovers costs, including overhead 6.17 costs, involved in providing the services. The fee is not 6.18 subject to the rulemaking provisions of chapter 14 and section 6.19 14.386 does not apply. The fees shall be deposited in the 6.20 all-terrain vehicle account and the amount thereof is 6.21 appropriated annually to the enforcement division of the 6.22 department of natural resources for the administration of the 6.23 program. In addition to the fee established by the 6.24 commissioner, instructors may charge each person up to the 6.25 established fee amount for class materials and expenses. 6.26 (c) The commissioner shall cooperate with private 6.27 organizations and associations, private and public corporations, 6.28 and local governmental units in furtherance of the program 6.29 established under this section. School districts may cooperate 6.30 with the commissioner and volunteer instructors to provide space 6.31 for the classroom portion of the training. The commissioner 6.32 shall consult with the commissioner of public safety in regard 6.33 to training program subject matter and performance testing that 6.34 leads to the certification of vehicle operators. 6.35 Sec. 6. Minnesota Statutes 1998, section 86A.04, is 6.36 amended to read: 7.1 86A.04 [COMPOSITION OF SYSTEM.] 7.2 The outdoor recreation system shall consist of all state 7.3 parks; state recreation areas; state trails established pursuant 7.4 to sections 84.029, subdivision 2, and 85.015; state scientific 7.5 and natural areas; state wilderness areas; state forests; state 7.6 wildlife management areas; state water access sites, which 7.7 include all lands and facilities established by the commissioner 7.8 of natural resources or the commissioner of transportation to 7.9 provide public access to water; state wild, scenic, and 7.10 recreational rivers; state historic sites;andstate rest areas, 7.11 which include all facilities established by the commissioner of 7.12 transportation for the safety, rest, comfort and use of the 7.13 highway traveler, and shall include all existing facilities 7.14 designated as rest areas and waysides by the commissioner of 7.15 transportation; and any other units not listed in this section 7.16 that are classified under section 86A.05. Each individual state 7.17 park, state recreation area, and so forth is called a "unit." 7.18 Sec. 7. Minnesota Statutes 1998, section 93.05, is amended 7.19 to read: 7.20 93.05 [HOLDER OFPERMIT ORLEASE.] 7.21 Subdivision 1. [RIGHT OF ENTRY.] In all cases where state 7.22 lands have been heretofore or may hereafter be sold pursuant to 7.23 the provisions of law upon which minerals have been reserved, 7.24 the holder of any mineralpermit orlease subsequently issued 7.25 thereon may nevertheless enter upon thesamelands and prospect 7.26thereon thereunderon the lands under the lease. 7.27 Subd. 2. [SECURITY FOR DAMAGES; CONDEMNATION.] Before 7.28 entering uponthe samelands described in subdivision 1, the 7.29permit orlease holder shall pay or secure to the owner of the 7.30 lands all damages which may arise therefrom and the same may be 7.31 determined either by mutual agreement or, if the interested 7.32 parties cannot agree, then the holder of the mineralpermit or7.33 lease may, in the name of the state of Minnesota, institute 7.34 proceedings to condemn the samein accordance with the general7.35provisions ofaccording to chapter 117; provided, that the state 7.36 shall bear no part of the cost of these proceedings, nor pay any 8.1 part of the damages awardedthereinin the proceedings. 8.2 Subd. 3. [ATTORNEY GENERAL TO INSTITUTE CONDEMNATION.] (a) 8.3 Upon written request of the holder of any mineralprospecting8.4permit or minerallease from the state, not in default, with the 8.5 approval of the commissioner of natural resources, the attorney 8.6 general shall institute, in the name of the state, proceedings 8.7 to acquire by condemnation any lands, rights-of-way, drainage or 8.8 flowage rights, easements or other interests necessary in 8.9 connection with prospecting for or mining the ore covered by 8.10such permit orthe lease. All costs and expenses ofsuchthe 8.11 proceedings and all damages awarded therein shall be paid by the 8.12 holder of thepermit orlease. 8.13 (b) In any eminent domain proceedingshereunderunder this 8.14 section, any value which the land taken may have by reason of 8.15 its location or availability for the depositing of stripping, 8.16 tailings or other wastes from general mining operations in its 8.17 vicinity, or for the erection of buildings or structures thereon 8.18 in connection with such operations, shall be considered in 8.19 determining the damages to be awarded the ownerthereofof the 8.20 land. 8.21 Sec. 8. Minnesota Statutes 1998, section 93.055, is 8.22 amended to read: 8.23 93.055 [ACTION TO QUIET TITLE TO LANDS COVERED BY MINERAL 8.24PERMIT ORLEASE.] 8.25 Upon written request of the holder of any mineral 8.26prospecting permit or minerallease from the state, not in 8.27 default, with the approval of the commissioner of natural 8.28 resources, the attorney general may institute proceedings to 8.29 quiet the title and determine adverse claims or to register the 8.30 title of the state to the lands or interests covered by the 8.31permit orlease. All costs and expenses ofsuchthe proceedings 8.32 including compensation of attorneys for the state shall be paid 8.33 by the holder of thepermit orlease.Upon receipt of such8.34request from the holder of a prospecting permit, if approved by8.35the commissioner of natural resources, and if such action is8.36authorized by the attorney general, the running of the time9.1within which the permit holder must begin prospecting thereunder9.2and the time within which the permit holder must apply for a9.3lease or do any other act required by the permit shall be9.4suspended until the entry of final judgment in the action, and9.5the term of the permit and the time required for any action by9.6the holder thereunder shall be extended by a period equivalent9.7to the time from the receipt of the request to the entry of the9.8judgment.9.9 Sec. 9. Minnesota Statutes 1998, section 93.14, is amended 9.10 to read: 9.11 93.14 [ISSUANCE OFPERMITSLEASES TO PROSPECT FOR ORES;9.12LEASES.] 9.13 The commissioner may executepermitsleases to prospect for 9.14 iron ore and other ores upon lands belonging to the state or in 9.15 which the state has an interest andleasesfor the mining of 9.16suchthe ores, subject to the conditions provided in sections 9.17 93.15 to 93.28. 9.18 Sec. 10. Minnesota Statutes 1998, section 93.15, is 9.19 amended to read: 9.20 93.15 [MINING UNITS; DESIGNATION; AREA.] 9.21 Subdivision 1. [DESIGNATION OF MINING UNITS.] (a) The 9.22 commissioner of natural resources may designate any lands 9.23 belonging to the state and the beds of any waters belonging to 9.24 the state or any lands in which the state has an interest as 9.25 mining units and may rearrange or modifysuchthe mining units 9.26 from time to time, subject to the limitationsherein prescribed9.27 of this section. 9.28 (b) No mining unit shall contain lands belonging to more 9.29 than one permanent trust fund, except mining units leased under 9.30 section 93.25. 9.31 (c) Lands which have been sold by the state and are in use 9.32 as part of the site of a plant for the production of taconite 9.33 concentrates shall not be designated as mining units.Each9.34mining unit shall consist of a contiguous tract not exceeding 809.35acres in area except as follows:9.36(1) An area not exceeding 90 acres consisting of or10.1including one or more government lots or fractional or oversized10.2subdivisions according to the government survey may be included10.3in one mining unit.10.4(2) An area of any size which has been covered by a state10.5mining lease or contract heretofore issued and heretofore or10.6hereafter terminated may be included in one mining unit.10.7(3) An area of any size within the bed of any public waters10.8belonging to the state may be included in one mining unit.10.9 Subd. 2. [LIST OF MINING UNITS.] The commissioner shall 10.10 prepare and keep on file in the office of the division of lands 10.11 and minerals of the department of natural resources and at such 10.12 other places as the commissioner may direct a list of the mining 10.13 units designatedhereunderunder this section, giving the 10.14 descriptionsthereofof the mining units and such other 10.15 information as the commissioner deems necessary. In case the 10.16 commissioner shall prescribe special conditions to be included 10.17 in aprospecting permit orlease for any mining unit as 10.18 authorized by law, a statement ofsuchthe conditions shall be 10.19 included with the designation ofsuchthe unit in the list. 10.20 Subd. 3. [ONE MINING UNIT PER LEASE.] Except as otherwise 10.21 expressly provided by law, eachprospecting permit ormining 10.22 lease shall cover only one entire mining unit designatedas10.23herein provided, and the designation of a mining unit in force10.24at the time an application for a prospecting permit therefor is10.25received by the commissioner according to law shall govern and10.26shall remain unchanged for the purposes of such permit or any10.27lease issued pursuant theretounder this section. 10.28 Sec. 11. Minnesota Statutes 1998, section 93.16, is 10.29 amended to read: 10.30 93.16 [PERMITSLEASES; SALE, NOTICE.] 10.31 (a) Except as otherwise expressly provided by law, 10.32prospecting permitsleases for iron ore or other minerals 10.33 belonging to the state shall be issued only upon public sale as 10.34hereinprovided under this section. 10.35 (b) The sale ofpermits mayleases shall be held at such 10.36 times and places as designated by the commissioner. 11.1 (c) The commissioner shall give public notice of intent to 11.2 hold a public sale by publication in the State Register, the EQB 11.3 Monitor, and such other publications as the commissioner may 11.4 direct at least 90 days prior to the proposed date of sale. 11.5 (d) The commissioner shall give public notice of each sale 11.6 by publication for three successive weeks in adaily11.7 newspaper that has its known office of issue in the county seat 11.8 of the county in which the mining units to be leased are located 11.9 and in a daily newspaper printed and published ineach of the11.10cities of St. Paul, Minneapolis, Duluth,Hibbing,and Virginia. 11.11 If no newspaper has its known office of issue in the county seat 11.12 of a particular county, the commissioner shall publish notice in 11.13 the newspaper designated as the publisher of the official 11.14 proceedings of the county board of that county. Thelastfirst 11.15 publication shall benot less than seven days nor more thanat 11.16 least 30 days before the date of sale.Like noticeThe public 11.17 notice of sale shall also be published in the State Register and 11.18 the EQB Monitor at least 30 days before the date of sale and may 11.19 be published innot to exceed twoadditional newspapers andtwo11.20 trade magazines, as the commissioner may direct. 11.21 (e) Each notice shall contain the following information: 11.22 (1) time and place of holding the sale; 11.23 (2)The general requirements of law affecting bidders and11.24purchasers of permits;11.25(3)the place or places where the list of mining units,to 11.26 be offered for sale will be available for inspection and where 11.27 forms for bids and applications forprospecting permitsleases 11.28 may be obtained; and 11.29(4)(3) such other information as the commissioner may 11.30 direct. 11.31 Sec. 12. Minnesota Statutes 1998, section 93.17, is 11.32 amended to read: 11.33 93.17 [APPLICATION FORPERMITSLEASES; BIDS; AWARDS.] 11.34 Subdivision 1. [LEASE APPLICATION.] (a) Applications for 11.35permitsleases to prospect for iron ore shall be presented to 11.36 the commissioner in writing in such form as the commissioner may 12.1 prescribe at any time before 4:30 p.m., St. Paul, Minnesota 12.2 time, on the last business day before the day specified for the 12.3 opening of bids, and no bids submitted after that time shall be 12.4 considered. The application shall be accompanied by a certified 12.5 check, cashier's check, or bank money order payable to thestate12.6treasurerdepartment of natural resources in the sum of$50$100 12.7 for each mining unitas set out above. 12.8 (b) Each application shall be accompaniedalsoby a sealed 12.9 bid setting forth the amount of royalty per gross ton of crude 12.10 ore based upon the iron content of the ore when dried at 212 12.11 degrees Fahrenheit, in its natural condition or when 12.12 concentrated, as set out indetail hereaftersection 93.20, 12.13 subdivisions 12 to 18, that the applicant proposes to pay to the 12.14 state of Minnesota in case thepermitlease shall be awarded. 12.15 Subd. 2. [BID REQUIREMENTS.] (a) Whenever a bid on any 12.16 mining unit exceeds the minimums prescribed in section 93.20, 12.17 the bidder shall offer a uniform amount above the minimums on 12.18 all schedules unless the mining unit is expressly excepted from 12.19 this requirement by the commissioner of natural resources by so 12.20 specifying in the list of lands and mining units. 12.21A separate sealed bid shall be required for each mining12.22unit as established by the commissioner covered by the12.23application, and shall be accompanied by a certified check made12.24payable to the state treasurer in the sum of $200 as a guarantee12.25that the applicant will carry out and perform in good faith all12.26the covenants set out in the permit.12.27 (b) The envelope containing each bid shall be plainly 12.28 marked on the outside showing the date of application, date 12.29 received by the commissioner, and the name of the applicant. 12.30 The commissioner shall endorse upon each application and sealed 12.31 bid the exact time of presentation and preserve the same 12.32 unopened in the commissioner's office. 12.33 Subd. 3. [BID ACCEPTANCE.] (a) At the time and place fixed 12.34 for the sale, the commissioner shall publicly announce the 12.35 number of applications and bids received. The commissioner,12.36together with at least one member of the executive council as13.1designated by the council,shall then publicly open the bids and 13.2 announce the amount of each bid separately. Thereafter, the 13.3 commissioner, together with the executive council, shall award 13.4 thepermitsleases to the highest bidders for the respective 13.5 mining units, but no bids shall be accepted thatshalldo not 13.6 equal or exceed the minimum amounts provided for in section 13.7 93.20, nor shall any bid be accepted thatshalldoes not comply 13.8 with the lawand be accompanied by a certified check for the13.9faithful performance of the terms of each permit as hereinbefore13.10set out. The right is reserved to the state to reject any and 13.11 all bids. 13.12 (b) All applications forpermitsleases and bids not 13.13 accepted atsuchthe sale shall become void at the close of the 13.14 sale and thecheckspayment accompanying the applications and 13.15 bids shall be returned to the applicants entitled to them. 13.16 (c) Upon the award of apermitlease, thecertified check13.17 payment submitted with the application as provided by 13.18 subdivision 1, shall be deposited with the state treasurer as a 13.19 fee for thepermit, to be credited to the same fund as the13.20rental or royalty from the mining unit affected, and the13.21certified check submitted with the bid as provided by13.22subdivision 2, shall be deposited with the state treasurer and13.23held for further disposition as provided by lawlease. 13.24 Sec. 13. [93.1925] [NEGOTIATED LEASES.] 13.25 Subdivision 1. [CONDITIONS REQUIRED.] When the 13.26 commissioner finds that the best interests of the state will be 13.27 served and the circumstances in clause (1), (2), or (3) exist, 13.28 the commissioner, with the approval of the executive council, 13.29 may issue an iron ore or taconite iron ore mining lease through 13.30 negotiations to an applicant. A lease may be issued through 13.31 negotiations under any of the following circumstances: 13.32 (1) the state taconite iron ore is adjacent to taconite 13.33 iron ore owned or leased for mining purposes by the applicant 13.34 and the commissioner finds that it is impracticable to mine the 13.35 state taconite iron ore except in conjunction with the mining of 13.36 the adjacent ore; 14.1 (2) the lands to be leased are primarily valuable for their 14.2 natural iron ore content; or 14.3 (3) the state's mineral ownership interest in the lands to 14.4 be leased is an undivided fractional interest and the applicant 14.5 holds under control a majority of the remaining undivided 14.6 fractional mineral interests in the lands to be leased. 14.7 Subd. 2. [APPLICATION.] (a) An application for a 14.8 negotiated lease shall be submitted to the commissioner of 14.9 natural resources. The commissioner shall prescribe the 14.10 information to be included in the application. The applicant 14.11 shall submit with the application a certified check, cashier's 14.12 check, or bank money order, payable to the department of natural 14.13 resources in the sum of $100, as a fee for filing the 14.14 application. The application fee shall not be refunded under 14.15 any circumstances. 14.16 (b) The right is reserved to the state to reject any or all 14.17 applications for a negotiated lease. 14.18 Subd. 3. [TERMS.] A lease issued under this section shall 14.19 be in the form set forth in section 93.20, with such additional 14.20 terms and conditions consistent with the lease as may be agreed 14.21 upon. The rental and royalty rates agreed upon shall be not 14.22 less than those prescribed in section 93.20. 14.23 Sec. 14. Minnesota Statutes 1998, section 93.193, 14.24 subdivision 1, is amended to read: 14.25 Subdivision 1. [APPLICATION FOR EXTENSION.] Upon written 14.26 application by the holder of any mining lease heretofore issued, 14.27 or hereafter issued upon a prospecting permit heretofore issued, 14.28 which has beenor may bedesignated as a taconite iron ore 14.29 mining lease pursuant to Minnesota Statutes 1998, section 93.19 14.30 or 93.191, the commissioner of natural resources, with the 14.31 approval of the executive council, may extend the termthereof14.32 of the lease for an additional period of 25 years beyond the 14.33 term specifiedthereinin the lease, upon the terms and 14.34 conditionshereinafterprescribed under this section. The 14.35 additional period of 25 years for whichsuch athe lease is 14.36 extended,shall be the extended period assuchthe term is used 15.1hereinin this section. 15.2 Sec. 15. Minnesota Statutes 1998, section 93.21, is 15.3 amended to read: 15.4 93.21 [EXECUTION OF LEASE.] 15.5 The lease provided for in section 93.20 shall be signed by 15.6 the commissioner for and in behalf of the state, with the15.7official seal of the commissioner attached,and shall be signed 15.8 by the party of the second part in the presence of two 15.9 witnesses, andsuchthe signatures and execution of the same by 15.10 the party of the second part shall be duly acknowledged. 15.11 Sec. 16. Minnesota Statutes 1998, section 93.22, is 15.12 amended to read: 15.13 93.22 [DISPOSAL OF MONEYS RECEIVEDDISPOSITION OF 15.14 PAYMENTS.] 15.15 (a) All payments under sections 93.14 to93.2893.285 shall 15.16 be made to thestate treasurer on the order of the commissioner15.17of finance, or the commissioner, as the case may be,department 15.18 of natural resources and shall be creditedto the permanent fund15.19of the class of land to which the demised premises belong and in15.20case the land shall not belong to any class of land having a15.21permanent fund then all payments shall be credited to such fund15.22as the legislature shall by law direct.as follows: 15.23 (1) if the lands or minerals and mineral rights covered by 15.24 a lease are held by the state by virtue of an act of Congress, 15.25 payments made under the lease shall be credited to the permanent 15.26 fund of the class of land to which the leased premises belong; 15.27 (2) if a lease covers the bed of navigable waters, payments 15.28 made under the lease shall be credited to the permanent school 15.29 fund of the state; and 15.30 (3) if the lands or minerals and mineral rights covered by 15.31 a lease are held by the state in trust for the taxing districts, 15.32 payments made under the lease shall be distributed annually on 15.33 the first day of September as follows: 15.34 (i) 20 percent to the general fund; and 15.35 (ii) 80 percent to the respective counties in which the 15.36 lands lie, to be apportioned among the taxing districts 16.1 interested therein as follows: county, three-ninths; town or 16.2 city, two-ninths; and school district, four-ninths. 16.3 (b) Except as provided under paragraph (a) and except where 16.4 the disposition of payments may be otherwise directed by law, 16.5 all payments shall be paid into the general fund of the state. 16.6 Sec. 17. [93.245] [MINING OF MINERALS OTHER THAN IRON 16.7 ORE.] 16.8 (a) If a mineral other than iron ore or taconite ore is 16.9 found on or in a mining unit covered by a state iron ore or 16.10 taconite iron ore mining lease, the state lessee may apply to 16.11 the commissioner of natural resources for a negotiated lease to 16.12 explore for, mine, and remove the mineral. The terms and 16.13 conditions under which the mineral may be mined or products 16.14 recovered shall be as agreed upon by the commissioner and the 16.15 state lessee. A mineral lease for ores other than iron ore or 16.16 taconite iron ore must comply with section 93.25 and rules 16.17 adopted thereunder. 16.18 (b) The right is reserved to the state to reject any or all 16.19 applications for a negotiated lease under paragraph (a). The 16.20 state may lease, under section 93.25 and rules adopted 16.21 thereunder, any minerals other than iron ore or taconite iron 16.22 ore on or in a mining unit covered by a state iron ore or 16.23 taconite iron ore mining lease. 16.24 Sec. 18. Minnesota Statutes 1998, section 93.25, 16.25 subdivision 1, is amended to read: 16.26 Subdivision 1. [LEASES.] The commissioner may issue leases 16.27 to prospect for, mine, and remove minerals other than iron ore 16.28 upon any lands owned by the state, including trust fund lands, 16.29 lands forfeited for nonpayment of taxes whether held in trust or 16.30 otherwise, and lands otherwise acquired, and the beds of any 16.31 waters belonging to the state. For purposes of this section, 16.32 iron ore means iron-bearing material where the primary product 16.33 is iron metal. 16.34 Sec. 19. Minnesota Statutes 1998, section 93.25, 16.35 subdivision 2, is amended to read: 16.36 Subd. 2. [LEASE REQUIREMENTS.] All leases for nonferrous 17.1 metallic minerals or petroleum must be approved by the executive 17.2 council, and any other mineral lease issued pursuant to this 17.3 section that covers 160 or more acres must be approved by the 17.4 executive council. The rents, royalties, terms, conditions, and 17.5 covenants of all such leases shall be fixed by the commissioner 17.6pursuant to suchaccording to rulesas may be prescribedadopted 17.7 by the commissioner, but no lease shall be for a longer term 17.8 than 50 years, and allsuchrents, royalties, terms, conditions, 17.9 and covenants shall be fully set forth in each leasethusissued 17.10and. The rents and royaltiestherein provided forshall be 17.11 credited to the funds as provided in section 93.22or 93.335,17.12subdivision 4, as amended. 17.13 Sec. 20. Minnesota Statutes 1998, section 93.26, is 17.14 amended to read: 17.15 93.26 [PERMITS ANDLEASES TO BERECORDEDFILED.] 17.16 Allpermits andleases, with the names and post office 17.17 addresses of all parties in interest, issued by the commissioner 17.18 under authority of sections 93.14 to93.2893.285, before 17.19 delivery shall be dulyrecorded at length in the record books to17.20be provided and keptfiled for record in the commissioner's 17.21 officefor that purpose and. A certificate ofsuch record17.22 filing showing the date ofrecord, the book and page17.23thereof,filing shall be endorsed on eachsuch permit orlease. 17.24 Sec. 21. Minnesota Statutes 1998, section 93.27, is 17.25 amended to read: 17.26 93.27 [ASSIGNMENTS, AGREEMENTS, OR CONTRACTS AFFECTING 17.27PERMITS ORLEASES;RECORDSFILING.] 17.28 All assignments, agreements, or contracts, underlying, 17.29 overriding, or operating agreements affectingany such permit or17.30 a lease shall be made in writing and signed by both parties 17.31 thereto, witnessed by two witnesses, and properly acknowledged 17.32 and contain the post office addresses of all parties having an 17.33 interest; and when so executed presented in triplicate to the 17.34 commissioner for filing of record.The commissioner shall then17.35record such assignments, agreements, or contracts, underlying,17.36overriding, or operating agreements at length in record books18.1kept and provided for that purpose in the commissioner's office18.2andA certificate ofsuch recordfiling showing the datethereof18.3and the book and pageof filing shall be endorsed on the the 18.4 assignments, agreements, contracts, underlying, overriding, or 18.5 operating agreements, a copy of which then shall be returned to 18.6 the party entitled thereto. 18.7 Sec. 22. Minnesota Statutes 1998, section 93.28, is 18.8 amended to read: 18.9 93.28 [APPROVAL OF INSTRUMENTS; FEES.] 18.10 All instruments by virtue of which the title toany permit18.11ora lease herein provided for is in any way affected shall 18.12 receive, as to form and execution,the approval of the 18.13 commissioner, which approval shall be endorsed thereon, and the 18.14 instrument when so approved shall be dulyrecordedfiled as 18.15 provided in section 93.27.For recording any assignment or18.16other instrument affecting the title to any permit or lease or18.17for furnishing certified copies of the records, the commissioner18.18may charge a fee of ten cents per folio. All such fees shall be18.19turned into the state treasury.18.20 Sec. 23. Minnesota Statutes 1998, section 93.285, 18.21 subdivision 2, is amended to read: 18.22 Subd. 2. [INCLUSION IN MINING UNIT.] In case any 18.23 stockpiled iron ore is situated on land designated or suitable 18.24 for designation as a mining unit under section 93.15,suchthe 18.25 stockpiled ore may, in the discretion of the commissioner of 18.26 natural resources, be included insuchthe unit by inserting a 18.27 description ofsuchthe ore in the designation of the unit. 18.28 Otherwisesuchthe ore shall not be considered as included 18.29 insuchthe unit. Upon the inclusion ofsuchthe ore insuch18.30 the unit, it shall be subject to all provisions of law relating 18.31 to the sale, issuance, terms, and conditions of aprospecting18.32permit andlease coveringsuchthe unit and other matters 18.33 pertaining thereto, so far as applicable, except as hereinafter18.34provided. 18.35 Sec. 24. Minnesota Statutes 1998, section 93.285, 18.36 subdivision 3, is amended to read: 19.1 Subd. 3. [STOCKPILE MINING UNIT.] (a) Any stockpiled iron 19.2 ore, wherever situated, may, in the discretion of the 19.3 commissioner of natural resources, be designated as a stockpile 19.4 mining unit for disposal separately from ore in the ground, such 19.5 designation to be madein accordance with the provisions of19.6 according to section 93.15, so far as applicable.Thereupon19.7such stockpile mining unit shall be subject to all provisions of19.8law relating to the sale, issuance, terms, and conditions of19.9prospecting permits and leases covering mining units designated19.10under such section 93.15 and other matters pertaining thereto,19.11except as hereinafter provided. Upon application of the holder19.12of a prospecting permit for such a stockpile mining unit, the19.13commissioner of natural resources may, for good cause shown,19.14extend the time for beginning the work of prospecting under the19.15permit to not exceeding six months from the date of the permit.19.16 (b) The commissioner may lease the mining unit at public or 19.17 private sale for an amount and under terms and conditions 19.18 prescribed by the commissioner. The lease term may not exceed 19.19 25 years. The amount payable for stockpiled iron ore material 19.20 shall be at least equivalent to the minimum royalty that would 19.21 be payable under section 93.20. 19.22 Sec. 25. Minnesota Statutes 1998, section 93.335, 19.23 subdivision 1, is amended to read: 19.24 Subdivision 1. [LAND GROUPED INTO MINING UNITS; LEASES19.25 LANDS HELD IN TRUST FOR TAXING DISTRICTS; LEASE TERMS AND 19.26 CONDITIONS.]Lands or minerals and mineral rights, including19.27fractional undivided interests therein, becoming the absolute19.28property of the state under the tax laws, may be grouped into19.29mining units, permits to prospect for iron ore thereon shall be19.30awarded, andMining leasesthereonissued as provided by 19.31 sections 93.14 to 93.33,and,except as otherwise specifically 19.32 providedhereinunder this section, shall be subject to all the 19.33 terms, conditions, and provisions ofsuchsectionsshall be19.34applicable thereto93.14 to 93.33, regardless of whether or 19.35 notsuchthe lands or minerals and mineral rights are held in 19.36 trust for taxing districts.Leases issued hereunder shall be in20.1the form provided by law, with only such changes as the20.2commissioner of natural resources shall find necessary to20.3indicate the specific interest covered by the lease and the20.4proportion of the stipulated royalty or rental payable under20.5subdivision 2 or otherwise to conform with the provisions20.6hereof. In case the state owns such a fractional undivided20.7interest and the remaining undivided interest in the property is20.8owned or held under lease for mining purposes by another, the20.9commissioner of natural resources, with the approval of the20.10executive council, upon application of such owner or lessee,20.11without public sale and without prior issuance of a prospecting20.12permit, may enter into a mining lease with such owner or lessee20.13covering the state's interest under the following terms and20.14conditions:20.15(1) The application shall be in such form and shall contain20.16such information as the commissioner shall prescribe;20.17(2) Where any of the ore to be mined under such lease lies20.18within the bed of a public lake or stream, the lessee shall20.19obtain an appropriate permit from the commissioner, pursuant to20.20applicable laws;20.21(3) The lease shall be in the form herein prescribed,20.22except that it may provide for the payment of rental and royalty20.23at such rates as may be agreed upon between the parties and may20.24contain such additional appropriate provisions, not inconsistent20.25with law, as may be agreed upon in furtherance of the mutual20.26interests of the parties; provided, that the rental and royalty20.27rates for iron ore shall not be less than the applicable minimum20.28rates prescribed in section 93.20.20.29 Sec. 26. Minnesota Statutes 1998, section 93.43, is 20.30 amended to read: 20.31 93.43 [PERMITS, LICENSES, ANDLEASES TOCOPPER,20.32COPPER-NICKEL OR NICKELNONFERROUS METALLIC MINERALS PRODUCERS.] 20.33 (a) The business of mining, producing, or beneficiating 20.34copper, copper-nickel or nickelnonferrous metallic minerals is 20.35 declared to be in the public interest and necessary to the 20.36 public welfare, and the use of property therefor is declared to 21.1 be a public use and purpose. 21.2 (b) The commissioner of natural resources is authorized to 21.3 grant permitsor, licenses, or leases on and across lands owned 21.4 by the state to any corporation or association engaged in the 21.5 business of or preparing to engage in the business of mining, 21.6 producing, or beneficiatingcopper, copper-nickel or21.7nickelnonferrous metallic minerals for pipe lines, pole lines, 21.8 conduits, sluiceways, roads, railroads, tramways, or flowage, 21.9 and to lease any lands owned by the state to any such 21.10 corporation or association for the depositing of stripping, lean 21.11 ores, tailings, or waste products of such business. 21.12 (c) The commissioner of natural resources is also 21.13 authorized to license the flooding of state lands in connection 21.14 with any permit or authorization for the use of public waters 21.15 issued by the legislature or by the commissioner pursuant to 21.16 law.SuchThe permits, licenses, and leases shall be uponsuch21.17 the conditionsand, forsuchthe consideration, and for 21.18suchthe period of time as the commissioner may determine. 21.19 (d) The county auditor, with the approval of the county 21.20 board, is authorized to grant permits, licenses, or leases for 21.21 all such purposes of or across tax-forfeited lands held by the 21.22 state in trust for any and all taxing districts, uponsuchthe 21.23 conditionsand, forsuchthe considerations, and forsuch21.24 the period of time as the county board may determine. Any 21.25 proceeds fromthegrantingof suchthe permits, licenses, or 21.26 leases by the county auditor shall be apportioned and 21.27 distributed as other proceeds from the sale or rental of tax- 21.28 forfeited lands. 21.29 Sec. 27. Minnesota Statutes 1999 Supplement, section 21.30 97A.065, subdivision 2, is amended to read: 21.31 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 21.32 forfeited bail collected from prosecutions of violations of: 21.33 the game and fish laws; sections 84.091 to 84.15; sections 84.81 21.34 to 84.91; section 169.121, when the violation involved an 21.35 off-road recreational vehicle as defined in section 169.01, 21.36 subdivision 86; chapter 348; and any other law relating to wild 22.1 animals or aquatic vegetation, must be paid to the treasurer of 22.2 the county where the violation is prosecuted. The county 22.3 treasurer shall submit one-half of the receipts to the 22.4 commissioner and credit the balance to the county general 22.5 revenue fund except as provided in paragraphs (b), (c), and 22.6 (d). In a county in a judicial district under section 480.181, 22.7 subdivision 1, paragraph (b), as added in Laws 1999, chapter 22.8 216, article 7, section 26, the share that would otherwise go to 22.9 the county under this paragraph must be submitted to the state 22.10 treasurer for deposit in the state treasury and credited to the 22.11 general fund. 22.12 (b) The commissioner must reimburse a county, from the game 22.13 and fish fund, for the cost of keeping prisoners prosecuted for 22.14 violations under this section if the county board, by 22.15 resolution, directs: (1) the county treasurer to submit all 22.16 fines and forfeited bail to the commissioner; and (2) the county 22.17 auditor to certify and submit monthly itemized statements to the 22.18 commissioner. 22.19 (c) The county treasurer shall submit one-half of the 22.20 receipts collected under paragraph (a) from prosecutions of 22.21 violations of sections 84.81 to 84.91, and 169.121, except 22.22 receipts that are surcharges imposed under section 357.021, 22.23 subdivision 6, to thestate treasurercommissioner and credit 22.24 the balance to the county general fund. Thestate treasurer22.25 commissioner shall credit these receipts to the snowmobile 22.26 trails and enforcement account in the natural resources fund. 22.27 (d) The county treasurer shall indicate the amount of the 22.28 receipts that are surcharges imposed under section 357.021, 22.29 subdivision 6, and shall submit all of those receipts to the 22.30 state treasurer. 22.31 Sec. 28. Minnesota Statutes 1998, section 97A.095, is 22.32 amended by adding a subdivision to read: 22.33 Subd. 4. [SWAN LAKE MIGRATORY WATERFOWL REFUGE.] The land 22.34 described in Laws 1999, chapter 81, section 2, is designated 22.35 Swan Lake migratory waterfowl refuge under subdivision 1. 22.36 Sec. 29. Minnesota Statutes 1998, section 97A.405, is 23.1 amended by adding a subdivision to read: 23.2 Subd. 4. [REPLACEMENT LICENSES.] The commissioner may 23.3 permit licensed firearms deer hunters to change zone or season 23.4 options before the regular firearms deer season begins. The 23.5 commissioner may issue a replacement license if the applicant 23.6 submits the original firearms deer license that is being 23.7 replaced and the applicant pays any increase in cost between the 23.8 original and the replacement license. 23.9 Sec. 30. Minnesota Statutes 1998, section 97A.431, 23.10 subdivision 4, is amended to read: 23.11 Subd. 4. [SEPARATE SELECTION; ELIGIBILITY.] (a) The 23.12 commissioner may conduct a separate selection for up to 20 23.13 percent of the moose licenses to be issued for an area. Only 23.14 owners of, and tenants living on, at least 160 acres of 23.15 agricultural or grazing land in the area, and their family 23.16 members, are eligible for the separate selection under this 23.17 paragraph.Persons that are unsuccessful in a separate23.18selection must be included in the selection for the remaining23.19licenses.23.20 (b) The commissioner must conduct a separate selection for 23.21 20 percent of the moose licenses to be issued each year. Only 23.22 individuals who have applied at least ten times for a moose 23.23 license and who have never received a license are eligible for 23.24 this separate selection. 23.25 (c) The commissioner may by rule establish criteria for: 23.26 (1) determining eligible family members underthis23.27subdivision.paragraph (a); and 23.28 (2) verifying that an individual has made at least ten 23.29 unsuccessful applications for the purposes of paragraph (b). 23.30 (d) A person who is unsuccessful in a separate selection 23.31 under this subdivision must be included in the selection for the 23.32 remaining licenses. 23.33 Sec. 31. Minnesota Statutes 1998, section 97A.435, 23.34 subdivision 4, is amended to read: 23.35 Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 23.36 The commissioner may conduct a separate selection for up to 20 24.1 percent of the turkey licenses to be issued for any area. Only 24.2 personsthatwho are owners or tenants of and that live on at 24.3 least 40 acres of agricultural or grazing land in the area, and 24.4 their family members, are eligible applicants for turkey 24.5 licenses for the separate selection. The qualifying 24.6 agricultural or grazing land may be noncontiguous. Personsthat24.7 who are unsuccessful in a separate selection must be included in 24.8 the selection for the remaining licenses. Personsthatwho 24.9 obtain a license in a separate selection must allow public 24.10 turkey hunting on their land during that turkey season. 24.11 (b) The commissioner may by rule establish criteria for 24.12 determining eligible family members under this subdivision. 24.13 Sec. 32. Minnesota Statutes 1998, section 97A.475, 24.14 subdivision 30, is amended to read: 24.15 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 24.16 commercial fish are: 24.17 (1) commercial license fees: 24.18 (i) for residents and nonresidents seining and netting in 24.19 inland waters, $90; 24.20 (ii) for residents netting in Lake Superior, $50; 24.21 (iii) for residents netting in Lake of the Woods, Rainy, 24.22 Namakan, and Sand Point lakes, $50; 24.23 (iv) for residents seining in the Mississippi River from St. 24.24 Anthony Falls to the St. Croix River junction, $50; 24.25 (v) for residents seining, netting, and set lining in 24.26 Wisconsin boundary waters from Lake St. Croix to the Iowa 24.27 border, $50; and 24.28 (vi) for a resident apprentice license, $25; and 24.29 (2) commercial gear fees: 24.30 (i) for each gill net in Lake Superior, Wisconsin boundary 24.31 waters, and Namakan Lake, $3.50 per 100 feet of net; 24.32 (ii) for each seine in inland waters, on the Mississippi 24.33 River as described in section 97C.801, subdivision 2, and in 24.34 Wisconsin boundary waters, $7 per 100 feet; 24.35 (iii) for each commercial hoop net in inland waters, $1.25; 24.36 (iv) for each submerged fyke, trap, and hoop net in Lake 25.1 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 25.2 Namakan, and Sand Point lakes, and for each pound net in Lake 25.3 Superior, $15; 25.4 (v) for each stake and pound net in Lake of the Woods, $60; 25.5 and 25.6 (vi) for each set line in the Wisconsin boundary waters, 25.7 $20; and25.8(vii) for each trawl used in Lake Superior, $50. 25.9 Sec. 33. Minnesota Statutes 1998, section 97A.475, is 25.10 amended by adding a subdivision to read: 25.11 Subd. 44. [REPLACEMENT LICENSES.] The fee for a 25.12 replacement firearms deer license is $5. 25.13 Sec. 34. Minnesota Statutes 1998, section 97B.015, 25.14 subdivision 2, is amended to read: 25.15 Subd. 2. [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 25.16 (a) The commissioner shall appoint a qualified person from the 25.17 enforcement division under civil service rules as supervisor of 25.18 hunting safety and prescribe the duties and responsibilities of 25.19 the position. The commissioner shall determine and provide the 25.20 enforcement division with the necessary personnel for this 25.21 section. 25.22 (b) The commissioner may appoint one or more county 25.23 directors of hunting safety in each county. An appointed county 25.24 director is responsible to the enforcement division. The 25.25 enforcement division may appoint instructors necessary for this 25.26 section. County directors and instructors shall serve on a 25.27 voluntary basis without compensation. The enforcement division 25.28 must supply the materials necessary for the course. School 25.29 districts may cooperate with the commissioner and volunteer 25.30 instructors to provide space for the classroom portion of the 25.31 training. 25.32 Sec. 35. Minnesota Statutes 1998, section 97B.015, 25.33 subdivision 4, is amended to read: 25.34 Subd. 4. [STUDENT FEE.] To defray the expense of the 25.35 course, the enforcement division shall collect a feenot to25.36exceed $5from each person that takes the firearm safety course. 26.1 The commissioner shall establish a fee that neither 26.2 significantly over recovers nor under recovers costs, including 26.3 overhead costs, involved in providing the services. The fee is 26.4 not subject to the rulemaking provisions of chapter 14 and 26.5 section 14.386 does not apply. The fees shall be deposited in 26.6 the game and fish fund and the amount thereof is appropriated 26.7 annually to the enforcement division of the department of 26.8 natural resources for the administration of the program. In 26.9 addition to the fee established by the commissioner, instructors 26.10 may charge each person up to the established fee amount for 26.11 class materials and expenses. 26.12 Sec. 36. Minnesota Statutes 1999 Supplement, section 26.13 97B.025, is amended to read: 26.14 97B.025 [ADVANCEDHUNTER AND TRAPPER EDUCATION.] 26.15 The commissioner may establishadvancededucation courses 26.16 for hunters and trappers. The commissioner, with the approval26.17of the commissioner of finance, may imposeshall collect a fee 26.18not to exceed $10 forfrom each person attendingan advanced26.19educationa course. The commissioner shall establish a fee that 26.20 neither significantly over recovers nor under recovers costs, 26.21 including overhead costs, involved in providing the services. 26.22 The fee is not subject to the rulemaking provisions of chapter 26.23 14 and section 14.386 does not apply. The fees shall be 26.24 deposited in the game and fish fund and the amount thereof is 26.25 appropriated annually to the enforcement division of the 26.26 department of natural resources for the administration of the 26.27 program. In addition to the fee established by the 26.28 commissioner, instructors may charge each person up to the 26.29 established fee amount for class materials and expenses. School 26.30 districts may cooperate with the commissioner and volunteer 26.31 instructors to provide space for the classroom portion of the 26.32 training. 26.33 Sec. 37. Minnesota Statutes 1998, section 97B.301, 26.34 subdivision 4, is amended to read: 26.35 Subd. 4. [TAKING MORE THAN ONE DEER.] (a) The commissioner 26.36 may, by rule, allow a person to take more than one deer. The 27.1 commissioner shall prescribe the conditions for taking the 27.2 additional deer including: 27.3 (1) taking by firearm or archery; 27.4 (2) obtaining additional licenses; and 27.5 (3) payment of a fee not more than the fee for a firearms 27.6 deer license; and 27.7 (4) the total number of deer that an individual may take. 27.8 (b) In Kittson, Lake of the Woods, Marshall, Pennington, 27.9 and Roseau counties, a person may obtain one firearms deer 27.10 license and one archery deer license in the same license year, 27.11 and may take one deer under each license. The commissioner may 27.12 limit the use of this provision in certain years to protect the 27.13 deer population in the area. 27.14 Sec. 38. [97C.02] [ACQUISITION OF CRITICAL AQUATIC 27.15 HABITAT.] 27.16 The commissioner shall acquire lands that are critical for 27.17 fish and other aquatic life and that meet criteria described for 27.18 aquatic management areas in section 86A.05, subdivision 14. The 27.19 lands that are acquired may be developed to manage lakes, 27.20 rivers, streams, and adjacent wetlands and lands for aquatic 27.21 life, water quality, intrinsic biological value, public fishing, 27.22 and other compatible outdoor recreational uses. The land may be 27.23 acquired by gift, lease, easement, or purchase. The 27.24 commissioner shall designate land acquired under this 27.25 subdivision as aquatic management areas for the purposes of the 27.26 outdoor recreation system. 27.27 Sec. 39. Minnesota Statutes 1998, section 97C.041, is 27.28 amended to read: 27.29 97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH AND CATFISH.] 27.30 The commissioner may take rough fish, lake whitefish, and 27.31 rainbow smelt with seines, nets, and other devices. The 27.32 commissioner may also take catfish with seines, nets, and other 27.33 devices on the Minnesota-Wisconsin boundary waters. The 27.34 commissioner may hire or contract persons, or issue permits, to 27.35 take the fish. The commissioner shall prescribe the manner of 27.36 taking and disposal. The commissioner may award a contract 28.1 under this section without competitive bidding. Before 28.2 establishing the contractor's compensation, the commissioner 28.3 must consider the qualifications of the contractor, including 28.4 the contractor's equipment, knowledge of the waters, and ability 28.5 to perform the work. 28.6 Sec. 40. Minnesota Statutes 1998, section 97C.401, is 28.7 amended by adding a subdivision to read: 28.8 Subd. 3. [YELLOW PERCH LIMITS; INLAND WATERS.] Until 28.9 December 1, 2001, the commissioner may not adopt a rule that 28.10 will result in a daily limit that is less than 20 yellow perch 28.11 or a possession limit that is less than 50 yellow perch on 28.12 inland waters. 28.13 Sec. 41. Minnesota Statutes 1998, section 97C.501, 28.14 subdivision 1, is amended to read: 28.15 Subdivision 1. [MINNOW RETAILERS.] (a) A person may not be 28.16 a minnow retailer without a minnow retailer license except as 28.17 provided insubdivisionsubdivisions 2, paragraph (d), and 3. A 28.18 person must purchase a minnow retailer license for each minnow 28.19 retail outlet operated, except as provided by subdivision 2, 28.20 paragraph (d). 28.21 (b) A minnow retailer must obtain a minnow retailer's 28.22 vehicle license for each motor vehicle used by the minnow 28.23 retailer to transport more than 12 dozen minnows to the minnow 28.24 retailer's place of business, except as provided in subdivision 28.25 3. A minnow retailer is not required to obtain a minnow 28.26 retailer's vehicle license if minnows are being transported by 28.27 common carrier and information is provided that allows the 28.28 commissioner to find out the location of the shipment in the 28.29 state. 28.30 Sec. 42. Minnesota Statutes 1998, section 97C.501, 28.31 subdivision 2, is amended to read: 28.32 Subd. 2. [MINNOW DEALERS.] (a) A person may not be a 28.33 minnow dealer without a minnow dealer license except as provided 28.34 in subdivision 3. 28.35 (b) A minnow dealer must obtain a minnow dealer's vehicle 28.36 license for each motor vehicle used to transport minnows. The 29.1 serial number, motor vehicle license number, make, and model 29.2 must be on the license. The license must be conspicuously 29.3 displayed in the vehicle. 29.4 (c) A minnow dealer may not transport minnows out of the 29.5 state without an exporting minnow dealer license. A minnow 29.6 dealer must obtain an exporting minnow dealer's vehicle license 29.7 for each motor vehicle used to transport minnows out of the 29.8 state. The serial number, motor vehicle license number, make, 29.9 and model must be on the license. The license must be 29.10 conspicuously displayed in the vehicle. 29.11 (d) A person with a minnow dealer's license may sell 29.12 minnows at one retail outlet. A minnow dealer must obtain a 29.13 minnow retailer license for each additional retail outlet 29.14 operated. A minnow dealer operating a retail outlet under a 29.15 minnow dealer's license must list the following information for 29.16 the retail outlet: name of the business; city; state; zip code; 29.17 and legal description or fire number. The retail outlet name 29.18 and location may be changed by making application to the 29.19 commissioner. 29.20 Sec. 43. Minnesota Statutes 1998, section 97C.605, 29.21 subdivision 1, is amended to read: 29.22 Subdivision 1. [LICENSE REQUIRED.] A person may not take, 29.23 possess,buy, sell,or transport turtles without an angling 29.24 license, except as provided in subdivision 2. 29.25 Sec. 44. Minnesota Statutes 1998, section 97C.605, 29.26 subdivision 2, is amended to read: 29.27 Subd. 2. [SALES LICENSE.] (a) A person may not take, 29.28 possess, transport, or purchase turtles for sale without a 29.29 turtle seller's license, except as provided in this subdivision. 29.30 (b) A person does not need a turtle seller's licenseis29.31not required to buy turtles for retail sale to consumersor an 29.32 angling license: 29.33 (1) when buying turtles for resale at alocation licensed29.34by the department of agriculture or health for sale or29.35preparation of foodretail outlet; 29.36 (2)of a person licensed by the department of agriculture30.1or health for sale or preparation of food; or30.2(3) of a personwhen buying a turtle at a retail outlet; or 30.3 (3) if the person is a nonresident buying a turtle from a 30.4 licensed turtle seller for export out of state. Shipping 30.5 documents provided by the turtle seller must accompany each 30.6 shipment exported out of state by a nonresident. Shipping 30.7 documents must include: name, address, city, state, and zip 30.8 code of the buyer; number of each species of turtle; and name 30.9 and license number of the turtle seller. 30.10 Sec. 45. Minnesota Statutes 1999 Supplement, section 30.11 169.1217, subdivision 7a, is amended to read: 30.12 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 30.13 motor vehicle used to commit a designated offense or used in 30.14 conduct resulting in a designated license revocation is subject 30.15 to administrative forfeiture under this subdivision. 30.16 (b) When a motor vehicle is seized under subdivision 2, the 30.17 appropriate agency shall serve the driver or operator of the 30.18 vehicle with a notice of the seizure and intent to forfeit the 30.19 vehicle. Additionally, when a motor vehicle is seized under 30.20 subdivision 2, or within a reasonable time after that, all 30.21 persons known to have an ownership, possessory, or security 30.22 interest in the vehicle must be notified of the seizure and the 30.23 intent to forfeit the vehicle. For those vehicles required to 30.24 be registered under chapter 168, the notification to a person 30.25 known to have a security interest in the vehicle is required 30.26 only if the vehicle is registered under chapter 168 and the 30.27 interest is listed on the vehicle's title. Notice mailed by 30.28 certified mail to the address shown in department of public 30.29 safety records is sufficient notice to the registered owner of 30.30 the vehicle. For motor vehicles not required to be registered 30.31 under chapter 168, notice mailed by certified mail to the 30.32 address shown in the applicable filing or registration for the 30.33 vehicle is sufficient notice to a person known to have an 30.34 ownership, possessory, or security interest in the vehicle. 30.35 Otherwise, notice may be given in the manner provided by law for 30.36 service of a summons in a civil action. 31.1 (c) The notice must be in writing and contain: 31.2 (1) a description of the vehicle seized; 31.3 (2) the date of seizure; and 31.4 (3) notice of the right to obtain judicial review of the 31.5 forfeiture and of the procedure for obtaining that judicial 31.6 review, printed in English, Hmong, and Spanish. Substantially 31.7 the following language must appear conspicuously: "IF YOU DO 31.8 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 31.9 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 31.10 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 31.11 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 31.12 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 31.13 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR 31.14 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT 31.15 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 31.16 WORTH LESS THAN $500." 31.17 (d) Within 30 days following service of a notice of seizure 31.18 and forfeiture under this subdivision, a claimant may file a 31.19 demand for a judicial determination of the forfeiture. The 31.20 demand must be in the form of a civil complaint and must be 31.21 filed with the court administrator in the county in which the 31.22 seizure occurred, together with proof of service of a copy of 31.23 the complaint on the prosecuting authority having jurisdiction 31.24 over the forfeiture, and the standard filing fee for civil 31.25 actions unless the petitioner has the right to sue in forma 31.26 pauperis under section 563.01. If the value of the seized 31.27 property is $7,500 or less, the claimant may file an action in 31.28 conciliation court for recovery of the seized vehicle. If the 31.29 value of the seized property is less than $500, the claimant 31.30 does not have to pay the conciliation court filing fee. No 31.31 responsive pleading is required of the prosecuting authority and 31.32 no court fees may be charged for the prosecuting authority's 31.33 appearance in the matter. Except as provided in this section, 31.34 judicial reviews and hearings are governed by section 169.123, 31.35 subdivisions 5c and 6, and shall take place at the same time as 31.36 any judicial review of the person's license revocation under 32.1 section 169.123. The proceedings may be combined with any 32.2 hearing on a petition filed under section 169.123, subdivision 32.3 5c, and are governed by the rules of civil procedure. 32.4 (e) The complaint must be captioned in the name of the 32.5 claimant as plaintiff and the seized vehicle as defendant, and 32.6 must state with specificity the grounds on which the claimant 32.7 alleges the vehicle was improperly seized and the plaintiff's 32.8 interest in the vehicle seized. Notwithstanding any law to the 32.9 contrary, an action for the return of a vehicle seized under 32.10 this section may not be maintained by or on behalf of any person 32.11 who has been served with a notice of seizure and forfeiture 32.12 unless the person has complied with this subdivision. 32.13 (f) If the claimant makes a timely demand for a judicial 32.14 determination under this subdivision, the appropriate agency 32.15 must conduct the forfeiture under subdivision 8. 32.16 (g) If a demand for judicial determination of an 32.17 administrative forfeiture is filed under this subdivision and 32.18 the court orders the return of the seized vehicle, the court 32.19 shall order that filing fees be reimbursed to the person who 32.20 filed the demand. In addition, the court may order sanctions 32.21 under section 549.211. 32.22 Sec. 46. Minnesota Statutes 1999 Supplement, section 32.23 290.431, is amended to read: 32.24 290.431 [NONGAME WILDLIFE CHECKOFF.] 32.25 Every individual who files an income tax return or property 32.26 tax refund claim form may designate on their original return 32.27 that $1 or more shall be added to the tax or deducted from the 32.28 refund that would otherwise be payable by or to that individual 32.29 and paid into an account to be established for the management of 32.30 nongame wildlife. The commissioner of revenue shall, on the 32.31 income tax return and the property tax refund claim form, notify 32.32 filers of their right to designate that a portion of their tax 32.33 or refund shall be paid into the nongame wildlife management 32.34 account. The sum of the amounts so designated to be paid shall 32.35 be credited to the nongame wildlife management account for use 32.36 by the nongame program of the section of wildlife in the 33.1 department of natural resources. All interest earned on money 33.2 accrued, gifts to the program, contributions to the program, and 33.3 reimbursements of expenditures in the nongame wildlife 33.4 management account shall be credited to the account by the state 33.5 treasurer, except that gifts or contributions received directly 33.6 by the commissioner of natural resources and directed by the 33.7 contributor for use in specific nongame field projects or 33.8 geographic areas shall be handled according to section 84.085, 33.9 subdivision 1. The commissioner of natural resources shall 33.10 submit a work program for each fiscal year and semiannual 33.11 progress reports to the legislative commission on Minnesota 33.12 resources in the form determined by the commission. None of the 33.13 money provided in this section may be expended unless the 33.14 commission has approved the work program. 33.15 The state pledges and agrees with all contributors to the 33.16 nongame wildlife management account to use the funds contributed 33.17 solely for the management of nongame wildlife projects and 33.18 further agrees that it will not impose additional conditions or 33.19 restrictions that will limit or otherwise restrict the ability 33.20 of the commissioner of natural resources to use the available 33.21 funds for the most efficient and effective management of nongame 33.22 wildlife. 33.23 Sec. 47. Minnesota Statutes 1999 Supplement, section 33.24 290.432, is amended to read: 33.25 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 33.26 A corporation that files an income tax return may designate 33.27 on its original return that $1 or more shall be added to the tax 33.28 or deducted from the refund that would otherwise be payable by 33.29 or to that corporation and paid into the nongame wildlife 33.30 management account established by section 290.431 for use by the 33.31 section of wildlife in the department of natural resources for 33.32 its nongame wildlife program. The commissioner of revenue 33.33 shall, on the corporate tax return, notify filers of their right 33.34 to designate that a portion of their tax return be paid into the 33.35 nongame wildlife management account for the protection of 33.36 endangered natural resources. All interest earned on money 34.1 accrued, gifts to the program, contributions to the program, and 34.2 reimbursements of expenditures in the nongame wildlife 34.3 management account shall be credited to the account by the state 34.4 treasurer, except that gifts or contributions received directly 34.5 by the commissioner of natural resources and directed by the 34.6 contributor for use in specific nongame field projects or 34.7 geographic areas shall be handled according to section 84.085, 34.8 subdivision 1. The commissioner of natural resources shall 34.9 submit a work program for each fiscal year to the legislative 34.10 commission on Minnesota resources in the form determined by the 34.11 commission. None of the money provided in this section may be 34.12 spent unless the commission has approved the work program. 34.13 The state pledges and agrees with all corporate 34.14 contributors to the nongame wildlife account to use the funds 34.15 contributed solely for the nongame wildlife program and further 34.16 agrees that it will not impose additional conditions or 34.17 restrictions that will limit or otherwise restrict the ability 34.18 of the commissioner of natural resources to use the available 34.19 funds for the most efficient and effective management of those 34.20 programs. 34.21 Sec. 48. Minnesota Statutes 1999 Supplement, section 34.22 574.264, subdivision 1, is amended to read: 34.23 Subdivision 1. [NATURAL RESOURCE DEVELOPMENT PROJECTS.] In 34.24 place of a performance or payment bond or bid deposit for a 34.25 state contract for a natural resource development project less 34.26 than$50,000$100,000, the person required to file the bond or 34.27 bid deposit may deposit in a local designated state depository 34.28 or with the state treasurer a certified check, a cashier's 34.29 check, a postal, bank, or express money order, assignable bonds 34.30 or notes of the United States, or an assignment of a bank 34.31 savings account or investment certificate or an irrevocable bank 34.32 letter of credit, in the same amount that would be required for 34.33 the bond or bid deposit. If securities listed in this section 34.34 are deposited, their value shall not be less than the amount 34.35 required for the bond or bid deposit and the person required to 34.36 file the bond or bid deposit shall submit an agreement 35.1 authorizing the commissioner to sell or otherwise take 35.2 possession of the securities in the event of default under the 35.3 contract or nonpayment of any persons furnishing labor and 35.4 materials under, or to perform, the contract. 35.5 Sec. 49. [WATER SUPPLY MANAGEMENT; LEGISLATIVE APPROVAL.] 35.6 According to Minnesota Statutes, section 103G.265, 35.7 subdivision 3, the legislature approves the granting of a permit 35.8 by the commissioner of natural resources to the city of Grand 35.9 Forks, North Dakota, for consumptive uses of more than 2,000,000 35.10 gallons of water per day average in a 30-day period from the Red 35.11 River of the North for municipal water supply purposes. 35.12 Approval granted under this section is limited and the term of 35.13 the permit shall not exceed January 1, 2005. 35.14 Sec. 50. [REPEALER.] 35.15 Minnesota Statutes 1998, sections 93.07; 93.08; 93.09; 35.16 93.10; 93.11; 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 35.17 93.202; 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 35.18 93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 93.34, 35.19 subdivisions 1 and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 35.20 93.356; 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312, are 35.21 repealed. 35.22 Sec. 51. [EFFECTIVE DATE.] 35.23 Sections 37 and 40 are effective the day following final 35.24 enactment.