Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 613-S.F.No. 1407 
           An act relating to natural resources; making changes 
          in certain forestry laws; amending Minnesota Statutes 
          1982, sections 88.065; 90.031, subdivision 3; 90.041, 
          subdivision 2; 90.251, subdivision 1; and 90.301, by 
          adding a subdivision; Laws 1981, chapter 305, section 
          11, as amended; proposing new law coded in Minnesota 
          Statutes, chapter 90. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 88.065, is 
amended to read: 
    88.065 [EQUIPMENT FURNISHED.] 
    Subject to applicable provisions of state laws respecting 
purchases, the commissioner of natural resources may purchase 
for and furnish to any governmental subdivisions of the state 
authorized to engage in forest fire prevention or suppression 
materials or equipment therefor, and may repair and renovate 
forest fire prevention and suppression materials and equipment 
for governmental subdivisions of the state.  The commissioner 
may use for that purpose any funds available for the purchase of 
forest fire prevention or suppression equipment or for its 
repair and renovation under federal grants, if permitted by the 
terms thereof, or under state appropriations, unless otherwise 
expressly provided.  Except as otherwise authorized or permitted 
by federal or state laws or regulations, the governmental 
subdivision receiving any such materials or equipment or repair 
or renovation services shall reimburse the state for the cost 
thereof.  All moneys received in such reimbursement shall be 
credited to the fund from which the purchase, repair, or 
renovation was made, and are hereby reappropriated annually and 
shall be available for the same purpose as the original 
appropriation.  
    Sec. 2.  Minnesota Statutes 1982, section 90.031, 
subdivision 3, is amended to read: 
    Subd. 3.  The executive council may compromise and settle, 
with the approval of the attorney general, upon such terms as it 
may deem just, any claim of the state for casual and involuntary 
trespass upon state lands or timber where the full stumpage 
value of such timber or other materials so taken in trespass 
would not exceed $1,000 exceeds $5,000; provided, that no such 
claim shall be settled in any case for less than the full 
stumpage value of all timber so or other materials taken in 
casual trespass or the full amount of all actual damage or loss 
suffered by the state as a result thereof.  The executive 
council may make settlement for not less than the full stumpage 
value of any timber cut by lessees of state lands holding under 
section 92.50.  
    Sec. 3.  Minnesota Statutes 1982, section 90.041, 
subdivision 2, is amended to read: 
    Subd. 2.  The commissioner may compromise and settle, with 
the approval of the attorney general, upon terms the 
commissioner deems just, any claim of the state for casual and 
involuntary trespass upon state lands or timber where the full 
value of the timber or other materials taken in trespass is 
$5,000 or less; provided that no claim shall be settled for less 
than the full value of all timber or other materials taken in 
casual trespass or the full amount of all actual damage or loss 
suffered by the state as a result.  The commissioner shall 
advise the executive council of any information acquired by him 
concerning any trespass on state lands, giving all details and 
names of witnesses and all compromises and settlements made 
under this subdivision.  
    Sec. 4.  [90.193] [EXTENSION OF TIMBER PERMITS.] 
    The commissioner may, in the case of an exceptional 
circumstance beyond the control of the timber permit holder 
which makes it unreasonable, impractical, and not feasible to 
complete cutting and removal under the permit within the time 
allowed, grant an extension of one year in addition to those 
provided in sections 90.121, 90.151, and 90.191.  A request for 
the extension must be received by the commissioner 15 days 
before the permit expires.  The request must state the reason 
the extension is necessary and be signed by the permit holder. 
The value of the timber remaining to be cut will be recalculated 
using current stumpage rates.  Any timber cut during the period 
of extension or remaining uncut at the expiration of the 
extension shall be billed for at the stumpage rates determined 
at the time of extension provided that in no event shall 
stumpage rates be less than those in effect at the time of the 
original sale.  Interest will be charged as provided in section 
90.151 for the period of extension.  
    Sec. 5.  Minnesota Statutes 1982, section 90.251, 
subdivision 1, is amended to read: 
    Subdivision 1.  The commissioner shall institute such 
scaling and check scaling procedures for state timber as will 
sufficient to protect the interest of the state. This will 
include the assignment of a trained timber scaling specialist in 
the classified service to be responsible for check scaling and 
to develop scaling and check scaling techniques and standards.  
Such The scaling and check scaling techniques and standards 
shall be approved by the commissioner.  Check scaling shall also 
be accomplished by other forestry supervisors with such reports 
forwarded to the timber scaling specialist.  The timber scaling 
specialist shall report any scaling deficiencies or trespass to 
the commissioner.  Any such deficiencies requiring the attention 
of the attorney general or state executive council will be 
forwarded to these offices by the commissioner.  All timber cut 
on lands in the charge of the commissioner, except as expressly 
provided otherwise by the commissioner shall be scaled.  No 
timber may be scaled until such timber it is first marked with M 
I N or as otherwise properly identified as specified in the 
permit.  All scaling shall be done upon the land from which the 
timber was cut; provided that the state appraiser, subject to 
the approval of the commissioner, may designate in writing to a 
permit holder another location where such timber may be scaled, 
counted or measured; all logs individually scaled shall be 
numbered consecutively, and the number of each entered upon the 
minutes of the scaler; such allowance shall be made for defects 
therein as will to make such the timber equivalent to 
merchantable timber.  No state timber shall be removed from the 
land where it was cut until it has been so scaled or counted 
except as herein provided.  Any person removing any such timber 
from the land where it was cut, or from the place designated, 
before it has been so scaled or counted shall be guilty of a 
gross misdemeanor theft under section 609.52. 
    Sec. 6.  Minnesota Statutes 1982, section 90.301, is 
amended by adding a subdivision to read:  
    Subd. 6.  [TICKET FOR THEFT VIOLATIONS.] The commissioner 
may design and issue a ticket in the form, and having the 
effect, of a summons and complaint, for use in cases of theft of 
state timber or other state property, where the value of the 
property is within the limits established by section 609.52, 
subdivision 3, clause (5).  The ticket shall provide for the 
name and address of the person charged with the violation, the 
offense charged, the time and place the person is to appear 
before a court, and any other necessary information.  
    Sec. 7.  [CERTAIN LAWS MADE RETROACTIVE.] 
    Laws 1983, chapter 301, section 88, is retroactive to July 
1, 1982.  The commissioner of finance shall adjust the amount of 
receipts credited to the state forest suspense account during 
fiscal year 1983 and the total costs incurred by the state for 
forest management purposes during fiscal year 1983 to reflect 
this retroactivity.  
    Sec. 8.  Laws 1981, chapter 305, section 11, as amended by 
Laws 1982, chapter 511, section 35, and Laws 1983, chapter 111, 
section 1, is amended to read: 
    Sec. 11.  [EXTENSION OF CERTAIN TIMBER PERMITS.] 
    The commissioner of natural resources may extend for an 
additional period of not to exceed one year any timber permit 
issued pursuant to Minnesota Statutes, chapter 90, which expires 
between January 1, 1982 1984 and December 31, 1983 June 30, 
1984.  This extension shall be in addition to any extension 
previously granted pursuant to chapter 90 or pursuant to this 
section; shall be made without additional charge, and shall 
otherwise be subject to the requirements of chapter 90. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective July 1, 1984.  Sections 7 and 
8 are effective the day following final enactment. 
    Approved May 2, 1984