SF 3100

2nd 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; modifying provisions 
  1.3             for designating experimental waters; modifying 
  1.4             provisions for fishing contests; providing that 
  1.5             smokechasers employed by the department are not 
  1.6             covered by unemployment insurance laws; appropriating 
  1.7             money for certain wildfire equipment, training, and 
  1.8             planning grants; amending Minnesota Statutes 1998, 
  1.9             sections 97C.001, subdivision 1; and 97C.081, 
  1.10            subdivisions 2, 3, and by adding subdivisions; 
  1.11            Minnesota Statutes 1999 Supplement, section 268.035, 
  1.12            subdivision 20. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 97C.001, 
  1.15  subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [DEFINITION; DESIGNATION.] (a) Experimental 
  1.17  waters are lakes and streams where special regulations are used 
  1.18  and evaluated to meet a specific fisheries objective. 
  1.19     (b) The commissioner may designate any waters of the state 
  1.20  having free access to the public as experimental waters.  The 
  1.21  designated experimental waters may not exceed 100 lakes and 25 
  1.22  streams at one time.  For all experimental waters, the 
  1.23  commissioner shall develop an evaluation plan and specify a 
  1.24  termination date.  On the termination date, the commissioner 
  1.25  shall vacate or extend the experimental waters designation, or 
  1.26  designate the experimental waters as special management waters 
  1.27  under section 97C.005.  The commissioner shall by rule establish 
  1.28  methods and criteria for public initiation of experimental 
  1.29  waters designation and for public participation in the 
  2.1   evaluation of the waters designated. 
  2.2      (c) Designation of experimental waters under this section 
  2.3   is not subject to chapter 14. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 97C.081, 
  2.5   subdivision 2, is amended to read: 
  2.6      Subd. 2.  [CONTESTS WITHOUT A PERMIT.] A person may conduct 
  2.7   a fishing contest with entry fees of $10, or less, per person 
  2.8   and total prizes valued at $2,000, or less, without a permit 
  2.9   from the commissioner. provided: 
  2.10     (1) the following criteria are met: 
  2.11     (i) there are 30 participants or less for open water 
  2.12  contests and 150 participants or less for ice fishing contests; 
  2.13     (ii) the entry fee is $25 per person or less; 
  2.14     (iii) the total prize value is $25,000 or less; and 
  2.15     (iv) the contest is not limited to trout species only; or 
  2.16     (2) the following criteria are met: 
  2.17     (i) the contest is not limited to specifically named 
  2.18  waters; and 
  2.19     (ii) the contest is not limited to trout species only. 
  2.20     Sec. 3.  Minnesota Statutes 1998, section 97C.081, 
  2.21  subdivision 3, is amended to read: 
  2.22     Subd. 3.  [CONTESTS AUTHORIZED BY COMMISSIONER REQUIRING A 
  2.23  PERMIT.] The commissioner may, by rule or permit, allow fishing 
  2.24  contests with entry fees over $10 per person or total prizes 
  2.25  valued at more than $2,000.  (a) A person must have a permit 
  2.26  from the commissioner to conduct a fishing contest that does not 
  2.27  meet the criteria in subdivision 2.  Permits shall be issued 
  2.28  without a fee. 
  2.29     (b) If entry fees are over $25 per person, or total prizes 
  2.30  are valued at more than $25,000, and if the applicant has either:
  2.31     (1) not previously conducted a fishing contest requiring a 
  2.32  permit under this subdivision; or 
  2.33     (2) ever failed to make required prize awards in a fishing 
  2.34  contest conducted by the applicant, the commissioner may require 
  2.35  the applicant to furnish the commissioner evidence of financial 
  2.36  responsibility in the form of a surety bond or bank letter of 
  3.1   credit in the amount of $25,000.  Permits must be issued without 
  3.2   a fee and if the commissioner does not deny the permit within 14 
  3.3   days, excluding holidays, after receipt of an application, the 
  3.4   permit is granted. 
  3.5      Sec. 4.  Minnesota Statutes 1998, section 97C.081, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 6.  [PERMIT APPLICATION PROCESS.] (a) Beginning 
  3.8   September 1 each year, the commissioner shall accept permit 
  3.9   applications for fishing contests to be held in the following 
  3.10  year. 
  3.11     (b) If the number of permit applications received by the 
  3.12  commissioner from September 1 through the last Friday in October 
  3.13  exceeds the limits specified in subdivisions 7 and 8, the 
  3.14  commissioner shall notify the affected applicants that their 
  3.15  requested locations and time period are subject to a drawing.  
  3.16  After notification, the commissioner shall allow the affected 
  3.17  applicants a minimum of seven days to change the location or 
  3.18  time period requested on their applications, provided that the 
  3.19  change is not to a location or time period for which 
  3.20  applications are already at or above the limits specified in 
  3.21  subdivisions 7 and 8. 
  3.22     (c) After the applicants have been given at least seven 
  3.23  days to change their applications, the commissioner shall 
  3.24  conduct a drawing for all locations and time periods for which 
  3.25  applications exceed limits.  First preference in the drawings 
  3.26  shall be given to applicants for established or traditional 
  3.27  fishing contests, and second preference to applicants for 
  3.28  contests that are not established as traditional fishing 
  3.29  contests based on the number of times they have been 
  3.30  unsuccessful in previous drawings.  Except for applicants of 
  3.31  established or traditional fishing contests, an applicant who is 
  3.32  successful in a drawing loses all accumulated preference. 
  3.33     (d) The commissioner has until December 7 to approve or 
  3.34  deny permit applications that are submitted by 4:30 p.m. on the 
  3.35  last Friday in October.  The commissioner may approve a permit 
  3.36  application that is received after 4:30 p.m. on the last Friday 
  4.1   in October if approving the application would not result in 
  4.2   exceeding the limits in subdivisions 7 and 8. 
  4.3      Sec. 5.  Minnesota Statutes 1998, section 97C.081, is 
  4.4   amended by adding a subdivision to read: 
  4.5      Subd. 7.  [WEEKEND LIMITATIONS.] (a) On all waters 55,000 
  4.6   acres or less, the commissioner may ensure that each of the 
  4.7   state's waters has at least two weekends per month with no 
  4.8   permitted fishing contests. 
  4.9      (b) Unless otherwise authorized by the commissioner, 
  4.10  permitted fishing contests that are conducted for more than one 
  4.11  day may not include more than one weekend day from Memorial Day 
  4.12  weekend through Labor Day weekend. 
  4.13     (c) The commissioner may not approve permits for fishing 
  4.14  contests on a weekend with a fishing season opener if the 
  4.15  contest targets a species for which the season is opening. 
  4.16     Sec. 6.  Minnesota Statutes 1998, section 97C.081, is 
  4.17  amended by adding a subdivision to read: 
  4.18     Subd. 8.  [LIMITS ON NUMBER OF FISHING CONTESTS.] (a) The 
  4.19  number of permitted fishing contests allowed each month on a 
  4.20  water body shall not exceed the following limits: 
  4.21                 Maximum number   Maximum number   Maximum number
  4.22                  of permitted       of large       of permitted
  4.23                    fishing         permitted         fishing
  4.24                    contests         fishing          contest
  4.25                                     contests           days
  4.27  Size/acres
  4.28  less than
  4.29  2,000                2                0                4
  4.30  2,000-4,999          3                1                6
  4.31  5,000-14,999         4                2                8
  4.32  15,000-55,000        5                3               10
  4.33  more than
  4.34  55,000            no limit         no limit         no limit
  4.35     (b) For boundary waters, the limits on the number of 
  4.36  permitted fishing contests shall be determined based on the 
  5.1   Minnesota acreage. 
  5.2      Sec. 7.  Minnesota Statutes 1998, section 97C.081, is 
  5.3   amended by adding a subdivision to read: 
  5.4      Subd. 9.  [PERMIT RESTRICTIONS.] (a) The commissioner may 
  5.5   require fishing contest permittees to limit prefishing as a 
  5.6   condition of a fishing contest permit.  The commissioner may 
  5.7   require proof from permittees that prefishing restrictions on 
  5.8   the permit are communicated to fishing contest participants and 
  5.9   enforced. 
  5.10     (b) The commissioner may require permit restrictions on the 
  5.11  hours that a permitted fishing contest is conducted, including, 
  5.12  but not limited to, starting and ending times. 
  5.13     (c) The commissioner may require permit restrictions on the 
  5.14  number of parking spaces that may be used on a state-owned 
  5.15  public water access site.  The commissioner may require proof 
  5.16  from permittees that parking restrictions on the permit are 
  5.17  communicated to fishing contest participants and enforced. 
  5.18     (d) To prevent undue loss of fish, the commissioner may 
  5.19  require restrictions for off-site weigh-ins on a fishing contest 
  5.20  permit or may deny permits requesting an off-site weigh-in. 
  5.21     (e) A person may not transfer a fishing contest permit to 
  5.22  another person. 
  5.23     (f) Failure to comply with fishing contest permit 
  5.24  restrictions may be considered grounds for denial of future 
  5.25  permit applications. 
  5.26     Sec. 8.  Minnesota Statutes 1998, section 97C.081, is 
  5.27  amended by adding a subdivision to read: 
  5.28     Subd. 10.  [DEFINITIONS.] For purposes of this section, the 
  5.29  following terms have the meanings given: 
  5.30     (a) "Permitted fishing contest" means an open water fishing 
  5.31  contest or ice fishing contest that requires a permit from the 
  5.32  commissioner under subdivision 3. 
  5.33     (b) "Large permitted fishing contest" means an open water 
  5.34  fishing contest with more than 50 boats or more than 100 
  5.35  participants that requires a permit from the commissioner under 
  5.36  subdivision 3. 
  6.1      (c) "Participant" means a person who is taking part in a 
  6.2   fishing contest. 
  6.3      (d) "Permitted fishing contest day" means a day on a water 
  6.4   body where a permitted fishing contest is held.  Two permitted 
  6.5   fishing contests that are held on the same water body on the 
  6.6   same day count as two permitted fishing contest days. 
  6.7      (e) "Off-site weigh-in" means a weigh-in of fish from a 
  6.8   fishing contest at a location that is not adjacent to the waters 
  6.9   listed on the fishing contest permit. 
  6.10     (f) "Prefishing" means fishing by participants of a 
  6.11  permitted fishing contest prior to the scheduled dates of the 
  6.12  contest on waters listed on the fishing contest permit. 
  6.13     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
  6.14  268.035, subdivision 20, is amended to read: 
  6.15     Subd. 20.  [NONCOVERED EMPLOYMENT.] "Noncovered employment" 
  6.16  means: 
  6.17     (1) employment for the United States government or an 
  6.18  instrumentality thereof, including military service; 
  6.19     (2) employment for an Indian, an Indian-controlled 
  6.20  employer, and Indian tribe, or any wholly controlled 
  6.21  subsidiaries or subdivisions, if the employment is performed on 
  6.22  an Indian reservation or Indian Trust Land; 
  6.23     (3) employment for a state, other than Minnesota, or a 
  6.24  political subdivision or instrumentality thereof; 
  6.25     (4) employment for a foreign government; 
  6.26     (5) employment for an instrumentality wholly owned by a 
  6.27  foreign government, if the employment is of a character similar 
  6.28  to that performed in foreign countries by employees of the 
  6.29  United States government or an instrumentality thereof and the 
  6.30  United States Secretary of State has certified that the foreign 
  6.31  government grants an equivalent exemption to similar employment 
  6.32  performed in the foreign country by employees of the United 
  6.33  States government and instrumentalities thereof; 
  6.34     (6) employment covered under United States Code, title 45, 
  6.35  section 351, the Railroad Unemployment Insurance Act; 
  6.36     (7) employment covered by a reciprocal arrangement between 
  7.1   the commissioner and another state or the federal government 
  7.2   which provides that all employment performed by an individual 
  7.3   for an employer during the period covered by the reciprocal 
  7.4   arrangement is considered performed entirely within another 
  7.5   state; 
  7.6      (8) employment for a church or convention or association of 
  7.7   churches, or an organization operated primarily for religious 
  7.8   purposes that is operated, supervised, controlled, or 
  7.9   principally supported by a church or convention or association 
  7.10  of churches described in United States Code, title 26, section 
  7.11  501(c)(3) of the federal Internal Revenue Code and exempt from 
  7.12  income tax under section 501(a); 
  7.13     (9) employment of a duly ordained or licensed minister of a 
  7.14  church in the exercise of a ministry or by a member of a 
  7.15  religious order in the exercise of duties required by the order, 
  7.16  for Minnesota or a political subdivision or an organization 
  7.17  described in United States Code, title 26, section 501(c)(3) of 
  7.18  the federal Internal Revenue Code and exempt from income tax 
  7.19  under section 501(a); 
  7.20     (10) employment of an individual receiving rehabilitation 
  7.21  of "sheltered" work in a facility conducted for the purpose of 
  7.22  carrying out a program of rehabilitation for individuals whose 
  7.23  earning capacity is impaired by age or physical or mental 
  7.24  deficiency or injury or a program providing "sheltered" work for 
  7.25  individuals who because of an impaired physical or mental 
  7.26  capacity cannot be readily absorbed in the competitive labor 
  7.27  market.  This clause applies only to services performed for 
  7.28  Minnesota or a political subdivision or an organization 
  7.29  described in United States Code, title 26, section 501(c)(3) of 
  7.30  the federal Internal Revenue Code and exempt from income tax 
  7.31  under section 501(a) in a facility certified by the 
  7.32  rehabilitation services branch of the department or in a day 
  7.33  training or habilitation program licensed by the department of 
  7.34  human services; 
  7.35     (11) employment of an individual receiving work relief or 
  7.36  work training as part of an unemployment work relief or work 
  8.1   training program assisted or financed in whole or in part by any 
  8.2   federal agency or an agency of a state or political subdivision 
  8.3   thereof.  This clause applies only to employment for Minnesota 
  8.4   or a political subdivision or an organization described in 
  8.5   United States Code, title 26, section 501(c)(3) of the federal 
  8.6   Internal Revenue Code and exempt from income tax under section 
  8.7   501(a).  This clause shall not apply to programs that require 
  8.8   reemployment compensation coverage for the participants; 
  8.9      (12) employment for Minnesota or a political subdivision as 
  8.10  an elected official, a member of a legislative body, or a member 
  8.11  of the judiciary; 
  8.12     (13) employment as a member of the Minnesota national guard 
  8.13  or air national guard; 
  8.14     (14) employment for Minnesota, a political subdivision, or 
  8.15  instrumentality thereof, as an employee serving only on a 
  8.16  temporary basis in case of fire, flood, tornado, or similar 
  8.17  emergency, except for smokechasers employed by the department of 
  8.18  natural resources; 
  8.19     (15) employment as an election official or election worker 
  8.20  for Minnesota or a political subdivision, but only if the 
  8.21  compensation for that employment was less than $1,000 in a 
  8.22  calendar year; 
  8.23     (16) employment for Minnesota that is a major policy making 
  8.24  or advisory position in the unclassified service, including 
  8.25  those positions established pursuant to section 43A.08, 
  8.26  subdivision 1a; 
  8.27     (17) employment for a political subdivision of Minnesota 
  8.28  that is a nontenured major policy making or advisory position; 
  8.29     (18) domestic employment in a private household, local 
  8.30  college club, or local chapter of a college fraternity or 
  8.31  sorority performed for a person, only if the wages paid in any 
  8.32  calendar quarter in either the current or preceding calendar 
  8.33  year to all individuals in domestic employment totaled less than 
  8.34  $1,000. 
  8.35     "Domestic employment" includes all service in the operation 
  8.36  and maintenance of a private household, for a local college 
  9.1   club, or local chapter of a college fraternity or sorority as 
  9.2   distinguished from service as an employee in the pursuit of an 
  9.3   employer's trade or business; 
  9.4      (19) employment of an individual by a son, daughter, or 
  9.5   spouse, and employment of a child under the age of 18 by the 
  9.6   child's father or mother; 
  9.7      (20) employment of an inmate of a custodial or penal 
  9.8   institution; 
  9.9      (21) employment for a school, college, or university by a 
  9.10  student who is enrolled and is regularly attending classes at 
  9.11  the school, college, or university; 
  9.12     (22) employment of an individual who is enrolled as a 
  9.13  student in a full-time program at a nonprofit or public 
  9.14  educational institution that maintains a regular faculty and 
  9.15  curriculum and has a regularly organized body of students in 
  9.16  attendance at the place where its educational activities are 
  9.17  carried on, taken for credit at the institution, that combines 
  9.18  academic instruction with work experience, if the employment is 
  9.19  an integral part of the program, and the institution has so 
  9.20  certified to the employer, except that this clause shall not 
  9.21  apply to employment in a program established for or on behalf of 
  9.22  an employer or group of employers; 
  9.23     (23) employment of university, college, or professional 
  9.24  school students in an internship or other training program with 
  9.25  the city of St. Paul or the city of Minneapolis pursuant to Laws 
  9.26  1990, chapter 570, article 6, section 3; 
  9.27     (24) employment for a hospital by a patient of the 
  9.28  hospital.  "Hospital" means an institution that has been 
  9.29  licensed by the department of health as a hospital; 
  9.30     (25) employment as a student nurse for a hospital or a 
  9.31  nurses' training school by an individual who is enrolled and is 
  9.32  regularly attending classes in an accredited nurses' training 
  9.33  school; 
  9.34     (26) employment as an intern for a hospital by an 
  9.35  individual who has completed a four-year course in an accredited 
  9.36  medical school; 
 10.1      (27) employment as an insurance salesperson, by other than 
 10.2   a corporate officer, if all the compensation for the employment 
 10.3   is solely by way of commission.  The word "insurance" shall 
 10.4   include an annuity and an optional annuity; 
 10.5      (28) employment as an officer of a township mutual 
 10.6   insurance company or farmer's mutual insurance company operating 
 10.7   pursuant to chapter 67A; 
 10.8      (29) employment as a real estate salesperson, by other than 
 10.9   a corporate officer, if all the compensation for the employment 
 10.10  is solely by way of commission; 
 10.11     (30) employment as a direct seller as defined in United 
 10.12  States Code, title 26, section 3508; 
 10.13     (31) employment of an individual under the age of 18 in the 
 10.14  delivery or distribution of newspapers or shopping news, not 
 10.15  including delivery or distribution to any point for subsequent 
 10.16  delivery or distribution; 
 10.17     (32) casual employment performed for an individual, other 
 10.18  than domestic employment under clause (18), that does not 
 10.19  promote or advance that employer's trade or business; 
 10.20     (33) employment in "agricultural employment" unless 
 10.21  considered "covered agricultural employment" under subdivision 
 10.22  11; or 
 10.23     (34) if employment during one-half or more of any pay 
 10.24  period was covered employment, all the employment for the pay 
 10.25  period shall be considered covered employment; but if during 
 10.26  more than one-half of any pay period the employment was 
 10.27  noncovered employment, then all of the employment for the pay 
 10.28  period shall be considered noncovered employment.  "Pay period" 
 10.29  means a period of not more than a calendar month for which a 
 10.30  payment or compensation is ordinarily made to the employee by 
 10.31  the employer. 
 10.32     Sec. 10.  [APPROPRIATION.] 
 10.33     $1,459,000 is appropriated from the general fund in fiscal 
 10.34  year 2000 to the commissioner of natural resources for grants to 
 10.35  Lake, Cook, and St. Louis counties for emergency communications 
 10.36  equipment, emergency response equipment, and emergency planning 
 11.1   and training to respond to a major wildfire.  Of this amount, 
 11.2   $227,000 is for a grant to Lake county, $430,000 is for a grant 
 11.3   to Cook county, and $802,000 is for a grant to St. Louis 
 11.4   county.  St. Louis county must use a portion of the grant to 
 11.5   purchase a NOAA warning system that can be used by all of the 
 11.6   counties receiving grants under this section.  This 
 11.7   appropriation is available until June 30, 2001. 
 11.8      Sec. 11.  [EFFECTIVE DATE.] 
 11.9      Section 10 is effective the day following final enactment.