Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 623-S.F.No. 2429
An act relating to the use of public services and
resources; modifying the list of protected game birds;
authorizing nonresident multiple zone antlered deer
licenses; exemptions from pest control licensing;
purchase of archery deer licenses after the firearms
season opens; limiting the authority of the
commissioner of natural resources to regulate archery;
administration of contraceptive chemicals to wild
animals; possession of firearms in muzzle-loader only
deer zones; modifying restrictions on operation of
snowmobiles by minors; providing for free small game
licenses for disabled veterans; undesirable exotic
aquatic plants and wild animals; Eurasian wild pigs;
clarifying the requirement to wear blaze orange
clothing during deer season; allowing local road
authorities to remove beaver dams and lodges near
public roads; exemptions from fur buying and selling
licensure; extending hours for tending traps; allowing
released game birds to be recaptured without a
license; allowing use of retractable broadhead arrows
in taking big game; authorizing the commissioner of
natural resources to allow use of certain mechanical
devices for hooking fish; allowing nonresidents to
take rough fish by harpooning; requiring the
department of natural resources to share in the
expense of partition fences; allowing the taking of
two deer in designated counties during the 1994 and
1995 hunting seasons; abolishing the nonresident bear
guide license; clarifying restrictions on importation
of fish imported from Ontario; temporarily modifying
provisions relating to raccoon and red fox; requiring
reports; consolidating and recodifying statutes
providing limitations on private personal injury
liability; providing immunity for certain volunteer
athletic physicians and trainers; limiting liability
for certain injuries arising out of nonprofit
livestock activities; modifying provisions dealing
with recreational land use liability; providing
limitations on liability of officers, directors, and
agents of economic development authorities; amending
Minnesota Statutes 1992, sections 18.317, subdivisions
1, 1a, 2, 3, 4, and 5; 84.966, subdivision 1; 84.967;
84.968, subdivision 2; 84.9691; 86B.401, subdivision
11; 97A.015, subdivisions 24 and 52; 97A.115,
subdivision 2; 97A.441, by adding a subdivision;
97A.475, subdivision 3; 97A.485, subdivision 9;
97A.501, by adding a subdivision; 97B.035, by adding a
subdivision; 97B.075; 97B.211, subdivision 2; 97B.701,
by adding a subdivision; 97B.711, subdivision 1;
97B.905, subdivision 1; 97B.931; 97C.325; 144.761,
subdivision 5; 344.03, subdivision 1; and 469.091, by
adding a subdivision; Minnesota Statutes 1993
Supplement, sections 18.317, subdivision 3a; 18B.32,
subdivision 1; 84.872; 84.9692, subdivisions 1 and 2;
84.9695, subdivisions 1, 8, and 10; 97A.531,
subdivision 6, as added; 97B.041; 97B.071; 97B.711,
subdivision 2; Laws 1993, chapters 129, section 4,
subdivision 4; and 273, section 1; proposing coding
for new law in Minnesota Statutes, chapter 97B;
proposing coding for new law as Minnesota Statutes,
chapter 604A; repealing Minnesota Statutes 1992,
sections 31.50; 87.01; 87.021; 87.0221; 87.023;
87.024; 87.025; 87.026; 87.03; 97A.475, subdivision
17; 604.05; 604.08; 604.09; and 609.662, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
NATURAL RESOURCES
Section 1. Minnesota Statutes 1992, section 18.317,
subdivision 1, is amended to read:
18.317 [WATER TRANSMITTED HARMFUL EXOTIC SPECIES
UNDESIRABLE EXOTIC AQUATIC PLANTS OR WILD ANIMALS.]
Subdivision 1. [TRANSPORTATION PROHIBITED.] Except as
provided in subdivision 2, a person may not transport Eurasian
or Northern water milfoil, myriophyllum spicatum or exalbescens,
zebra mussels, or other water-transmitted harmful exotic species
undesirable exotic aquatic plants or wild animals identified by
the commissioner of natural resources on a road or highway, as
defined in section 160.02, subdivision 7, or on forest roads.
Sec. 2. Minnesota Statutes 1992, section 18.317,
subdivision 1a, is amended to read:
Subd. 1a. [PLACEMENT PROHIBITED.] A person may not
intentionally place ecologically harmful exotic species
undesirable exotic aquatic plants or wild animals, as defined in
section 84.967, in public waters within the state.
Sec. 3. Minnesota Statutes 1992, section 18.317,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTION.] A person may transport Eurasian or
Northern water milfoil, myriophyllum spicatum or exalbescens, or
other water-transmitted harmful exotic species undesirable
exotic aquatic plants or wild animals identified by the
commissioner of natural resources for disposal as part of a
harvest or control activity conducted under a permit or as
specified by the commissioner.
Sec. 4. Minnesota Statutes 1992, section 18.317,
subdivision 3, is amended to read:
Subd. 3. [LAUNCHING OF WATERCRAFT WITH EURASIAN OR
NORTHERN WATER MILFOIL OR OTHER HARMFUL SPECIES PROHIBITED.] (a)
A person may not place a trailer or launch a watercraft with
into waters of the state if the trailer or watercraft has
attached to it Eurasian or Northern water milfoil, zebra
mussels, or other water-transmitted harmful exotic
species undesirable exotic aquatic plants or wild animals
identified by the commissioner of natural resources attached
into waters of the state. A conservation officer or other
licensed peace officer may order the removal of Eurasian or
Northern water milfoil, zebra mussels, or
other water-transmitted harmful exotic species undesirable
exotic aquatic plants or wild animals identified by the
commissioner of natural resources from a trailer or watercraft
before being placed or launched into waters of the state.
(b) For purposes of this section, the meaning of watercraft
includes a float plane and "waters of the state" has the meaning
given in section 103G.005, subdivision 17.
(c) A commercial harvester shall clean aquatic plant
harvesting equipment of all aquatic vegetation at a suitable
location before launching the equipment in another body of water.
Sec. 5. Minnesota Statutes 1993 Supplement, section
18.317, subdivision 3a, is amended to read:
Subd. 3a. [INSPECTION OF WATERCRAFT AND EQUIPMENT.]
Licensed Watercraft and associated equipment, including weed
harvesters, that are removed from any waters of the state that
the commissioner of natural resources identifies as being
contaminated with Eurasian water milfoil, zebra mussels, or
other water-transmitted exotic harmful species undesirable
exotic aquatic plants or wild animals identified by the
commissioner of natural resources, shall be randomly inspected
between May 1 and October 15 for a minimum of 10,000 hours by
personnel authorized by the commissioner of natural resources.
Beginning in calendar year 1994, a minimum of 20,000 hours of
random inspections must be conducted per year.
Sec. 6. Minnesota Statutes 1992, section 18.317,
subdivision 4, is amended to read:
Subd. 4. [ENFORCEMENT.] This section may be enforced by
conservation officers under sections 97A.205 and, 97A.211, and
97A.221, subdivision 1, paragraph (a), clause (1), and by other
licensed peace officers.
Sec. 7. Minnesota Statutes 1992, section 18.317,
subdivision 5, is amended to read:
Subd. 5. [PENALTY.] A person who violates subdivision 1,
1a, 3, or 3a is guilty of a misdemeanor. A person who refuses
to obey the order of a peace officer or conservation officer to
remove Eurasian or Northern water milfoil, zebra mussels, or
other undesirable exotic aquatic plants or wild animals from a
trailer or watercraft is guilty of a misdemeanor.
Sec. 8. Minnesota Statutes 1993 Supplement, section
18B.32, subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) A person may not engage
in structural or aquatic pest control applications:
(1) for hire without a structural pest control license or,
for an aquatic pest control application, an aquatic pest control
license; and
(2) as a sole proprietorship, company, partnership, or
corporation unless the person is or employs a licensed master in
structural pest control operations or, for an aquatic pest
control application, a commercial aquatic applicator.
(b) A structural or aquatic pest control licensee must have
a valid license identification card when applying pesticides for
hire and must display it upon demand by an authorized
representative of the commissioner or a law enforcement
officer. The license identification card must contain
information required by the commissioner.
(c) Notwithstanding the licensing requirements of this
subdivision, a person may control the following nuisance or
economically damaging wild animals, by trapping, without a
structural pest control license:
(1) fur-bearing animals, as defined in section 97A.015,
with a valid trapping license or special permit from the
commissioner of natural resources; and
(2) skunks, woodchucks, gophers, porcupines, coyotes,
moles, and weasels.
Sec. 9. Minnesota Statutes 1993 Supplement, section
84.872, is amended to read:
84.872 [YOUTHFUL SNOWMOBILE OPERATORS; PROHIBITIONS.]
Subdivision 1. [RESTRICTIONS ON OPERATION.]
Notwithstanding anything in section 84.87 to the contrary, no
person under 14 years of age shall make a direct crossing of a
trunk, county state-aid, or county highway as the operator of a
snowmobile, or operate a snowmobile upon a street or highway
within a municipality. A person 14 years of age or older, but
less than 18 years of age, may make a direct crossing of a
trunk, county state-aid, or county highway only if the person
has in immediate possession a valid snowmobile safety
certificate issued by the commissioner or a valid motor vehicle
operator's license issued by the commissioner of public safety
or the drivers license authority of another state. No person
under the age of 14 years shall operate a snowmobile on any
public land or water under the jurisdiction of the commissioner
or grant-in-aid trail unless accompanied by one of the following
listed persons on the same or an accompanying snowmobile, or on
a device towed by the same or an accompanying snowmobile: the
person's parent, legal guardian, or other person 18 years of age
or older. However, a person 12 years of age or older may
operate a snowmobile on public lands and waters under the
jurisdiction of the commissioner or a grant-in-aid trail if the
person has in immediate possession a valid snowmobile safety
certificate issued by the commissioner.
Subd. 2. [OWNER'S DUTIES.] It is unlawful for any person
who is the owner or in lawful control of a snowmobile to permit
the snowmobile to be operated contrary to the provisions of this
section.
Subd. 3. [REPORTING CONVICTIONS; SUSPENSIONS.] When the
judge of a juvenile court, or any of its duly authorized agents,
shall determine that any person, while less than 18 years of
age, has violated the provisions of sections 84.81 to 84.88, or
any other state or local law or ordinance regulating the
operation of snowmobiles, the judge, or duly authorized agent,
shall immediately report such this determination to the
commissioner and may recommend the suspension of the person's
snowmobile safety certificate. The commissioner is hereby
authorized to suspend the certificate, without a hearing.
Sec. 10. Minnesota Statutes 1992, section 84.966,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For the purpose of this
section, "purple loosestrife" means lythrum salicaria, lythrum
virgatum, or combinations thereof.
Sec. 11. Minnesota Statutes 1992, section 84.967, is
amended to read:
84.967 [ECOLOGICALLY HARMFUL SPECIES; DEFINITION
DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of sections
84.967 to 84.9691 84.9692, the following terms have the meanings
given them.
Subd. 2. [ECOLOGICALLY HARMFUL EXOTIC SPECIES.]
"Ecologically harmful exotic species" means nonnative aquatic
plants or wild animals that can naturalize, have high
propagation potential, are highly competitive for limiting
factors, and cause or may cause displacement of, or otherwise
threaten, native plants or native animals in their natural
communities.
Subd. 3. [LIMITED INFESTATION OF EURASIAN WATER
MILFOIL.] "Limited infestation of Eurasian water milfoil" or
"limited infestation" means an infestation of Eurasian water
milfoil that occupies less than 20 percent of the littoral area
of a water body up to a maximum of 75 acres, excluding water
bodies where mechanical harvesting is used to manage Eurasian
water milfoil or where no Eurasian water milfoil control is
planned.
Sec. 12. Minnesota Statutes 1992, section 84.968,
subdivision 2, is amended to read:
Subd. 2. [REPORT.] The commissioner of natural resources
shall by January 1 each year submit a report on ecologically
harmful exotic species to the legislative committees having
jurisdiction over environmental and natural resource issues.
The report must include:
(1) detailed information on expenditures for
administration, education, eradication, inspections, and
research;
(2) an analysis of the effectiveness of management
activities conducted in the state, including chemical
eradication, harvesting, educational efforts, and inspections;
(3) information on the participation of other state
agencies, local government units, and interest groups in control
efforts;
(4) information on management efforts in other states;
(5) information on the progress made by species; and
(6) an estimate of future management needs; and
(7) an analysis of the financial impact on persons who
transport weed harvesters of the prohibition in section 18.317,
subdivision 1.
Sec. 13. Minnesota Statutes 1992, section 84.9691, is
amended to read:
84.9691 [RULEMAKING.]
(a) The commissioner of natural resources may adopt
emergency and permanent rules restricting the introduction,
propagation, use, possession, and spread of ecologically harmful
exotic species in the state, as outlined in section 84.967. The
emergency rulemaking authority granted in this paragraph expires
July 1, 1994.
(b) The commissioner shall adopt rules to identify bodies
of water with limited infestation of Eurasian water milfoil.
The areas that are infested shall be marked and prohibited for
use.
(c) A violation of a rule adopted under this section is a
misdemeanor.
Sec. 14. Minnesota Statutes 1993 Supplement, section
84.9692, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE.] After appropriate
training, conservation officers, peace officers, and other staff
designated by the commissioner may issue warnings or citations
to persons who:
(1) unlawfully transport ecologically harmful exotic
species on a public road;
(2) place a trailer or launch a watercraft with
ecologically harmful species attached into waters of the state;
(3) operate a watercraft in a marked Eurasian water milfoil
limited infestation area; or
(4) damage, remove, or sink a buoy marking a Eurasian water
milfoil infestation area.
Sec. 15. Minnesota Statutes 1993 Supplement, section
84.9692, subdivision 2, is amended to read:
Subd. 2. [PENALTY AMOUNT.] A citation issued under this
section may impose up to the following penalty amounts:
(1) $50 for transporting visible Eurasian water milfoil on
a public road in each of the following locations:
(i) the exterior of the watercraft below the gunwales
including the propulsion system;
(ii) any surface of a watercraft trailer;
(iii) any surface of a watercraft interior of the gunwales;
(iv) any water container including live wells, minnow
buckets, or coolers which hold water; or
(v) any other area where visible Eurasian water milfoil is
found not previously described in items (i) to (iv);
(2) $150 for transporting visible zebra mussels on a public
road;
(3) $300 for transporting live ruffe or live rusty crayfish
on a public road;
(4) for attempting to launch or launching into noninfested
waters a watercraft with visible Eurasian water milfoil or adult
zebra mussels attached, $500 for a first offense and $1,000 for
a second or subsequent offense;
(5) $100 for operating a watercraft in a marked Eurasian
water milfoil limited infestation area other than as provided by
law;
(6) $150 for intentionally damaging, moving, removing, or
sinking a milfoil buoy; or
(7) $150 for launching or attempting to launch into
infested waters a watercraft with visible Eurasian water milfoil
or visible zebra mussels attached.
Sec. 16. Minnesota Statutes 1993 Supplement, section
84.9695, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Commissioner" means the commissioner of natural
resources agriculture.
(c) "Restricted species" means Eurasian wild pigs and their
hybrids (Sus scrofa subspecies and Sus scrofa hybrids),
excluding domestic hogs (S. scrofa domesticus).
(d) "Release" means an intentional introduction or escape
of a species from the control of the owner or responsible party.
Sec. 17. Minnesota Statutes 1993 Supplement, section
84.9695, subdivision 8, is amended to read:
Subd. 8. [CONTAINMENT.] The commissioner, in consultation
with the commissioner of natural resources, shall develop
criteria for approved containment measures for restricted
species with the assistance of producers of restricted species.
Sec. 18. Minnesota Statutes 1993 Supplement, section
84.9695, subdivision 10, is amended to read:
Subd. 10. [FEE.] The commissioner shall impose a fee for
permits in an amount sufficient to cover the costs of issuing
the permits and for facility inspections. The fee may not
exceed $50. Fee receipts must be deposited in the state
treasury and credited to the game and fish special revenue fund
and are appropriated to the commissioner for the purposes of
this section.
Sec. 19. Minnesota Statutes 1992, section 86B.401,
subdivision 11, is amended to read:
Subd. 11. [SUSPENSION FOR NOT REMOVING EURASIAN OR
NORTHERN WATER MILFOIL OR OTHER HARMFUL UNDESIRABLE EXOTIC
SPECIES.] The commissioner, after notice and an opportunity for
hearing, may suspend for a period of not more than one year the
license of a watercraft if the owner or person in control of the
watercraft or its trailer refuses to comply with an inspection
order of a conservation officer or other licensed peace officer
or an order to remove Eurasian or Northern water milfoil,
myriophyllum spicatum or exalbescens, zebra mussels, or
other ecologically harmful undesirable exotic aquatic plant and
wild animal species identified by the commissioner from the
watercraft or its trailer as provided in section 18.317,
subdivision 3.
Sec. 20. Minnesota Statutes 1992, section 97A.015,
subdivision 24, is amended to read:
Subd. 24. [GAME BIRDS.] "Game birds" means migratory
waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada
spruce grouse, prairie chickens, chukar partridge, gray
partridge, bob-white quail, turkeys, coots, gallinules, sora and
Virginia rails, American woodcock, and common snipe.
Sec. 21. Minnesota Statutes 1992, section 97A.015,
subdivision 52, is amended to read:
Subd. 52. [UNPROTECTED BIRDS.] "Unprotected birds" means
English sparrow, blackbird, starling, magpie, cormorant, common
pigeon, chukar partridge, quail other than bob-white quail, and
great horned owl.
Sec. 22. Minnesota Statutes 1992, section 97A.115,
subdivision 2, is amended to read:
Subd. 2. [GAME SPECIES AVAILABLE.] Game Species that may
be released and hunted in a licensed shooting preserve must be
specified in the license and is limited to unprotected birds,
adult pheasant, and bob-white quail, and chukar partridge for
private shooting preserves and adult pheasant, bob-white quail,
chukar partridge, turkey, mallard duck, black duck, and other
species designated by the commissioner for commercial shooting
preserves. These game birds must be pen hatched and raised.
Sec. 23. Minnesota Statutes 1992, section 97A.441, is
amended by adding a subdivision to read:
Subd. 6a. [TAKING SMALL GAME; DISABLED VETERANS.] A person
authorized to issue licenses must issue, without a fee, a
license to take small game to a resident who is a veteran, as
defined in section 197.447, and who has a 100 percent service
connected disability as defined by the United States Veterans
Administration upon being furnished satisfactory evidence.
Sec. 24. Minnesota Statutes 1992, section 97A.475,
subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take small game, $56;
(2) to take deer with firearms, $110;
(3) to take deer by archery, $110;
(4) to take bear, $165;
(5) to take turkey, $56; and
(6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50;
and
(7) to take antlered deer in more than one zone, $220.
Sec. 25. Minnesota Statutes 1992, section 97A.485,
subdivision 9, is amended to read:
Subd. 9. [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON
OPENS.] (a) The following licenses may not be issued after the
day before the opening of the related firearms season:
(1) to take deer with firearms or by archery, except a
license to take a second more than one deer under section
97B.301, subdivision 4;
(2) to guide bear hunters; and
(3) to guide turkey hunters.
(b) Paragraph (a) does not apply to deer licenses for
discharged military personnel under section 97A.465, subdivision
4.
(c) A nonresident license or tag to take and possess
raccoon, bobcat, Canada lynx, or fox may not be issued after the
fifth day of the open season.
Sec. 26. Minnesota Statutes 1992, section 97A.501, is
amended by adding a subdivision to read:
Subd. 3. [CONTRACEPTIVE CHEMICALS.] (a) A person may not
administer contraceptive chemicals to noncaptive wild animals
without a permit issued by the commissioner.
(b) The commissioner shall adopt rules establishing
standards and guidelines for the administration of contraceptive
chemicals to noncaptive wild animals. The rules may specify
chemical delivery methods and devices and monitoring
requirements.
Sec. 27. Minnesota Statutes 1993 Supplement, section
97A.531, subdivision 6, as added by Laws 1994, chapter 479, is
amended to read:
Subd. 6. [BORDER WATER ENTERPRISE AGREEMENTS.] (a) The
commissioner of natural resources in consultation with the
commissioner of trade and economic development, in coordination
with the federal government, may negotiate and, with the
approval of the legislature, enter into agreements with
authorized representatives of the province of Ontario and the
"first nation" governments in Canada to provide for joint
resource management, promotion of tourism, or economic
development with respect to lakes through which the
Ontario-Minnesota border runs. When negotiating with Ontario
officials on game fish limits in Minnesota-Ontario border
waters, the commissioner may not agree to more restrictive
limits than are allowed in Ontario, unless the commissioner
determines that more restrictive limits are necessary to protect
Minnesota's fishery resource.
(b) Possession of fish taken by angling and imported into
the state from Ontario by a Minnesota resident angler may not
number more than the amount of the most restrictive Ontario
possession limit by species placed on Minnesota-based anglers
fishing in Ontario border waters unless Ontario is equally
restrictive on Ontario-based anglers on the same border waters.
This paragraph does not apply to fish taken from Ontario border
waters on which limits on the number of fish that may be taken
are the same for Minnesota-based anglers and Ontario-based
anglers.
(c) Nothing in this section precludes the possession,
importation into, or transportation in the state of one trophy
fish of each species for the purpose of having the fish
preserved by taxidermy, if the fish is transported whole.
(d) Paragraph (b) does not apply if the governor issues a
waiver as provided in this paragraph. The governor may issue a
waiver of the requirements of paragraph (b) and subdivisions 2,
3, and 4 if after negotiations with authorized representatives
of Ontario, the governor determines that the waiver is in the
best interest of the citizens of the state.
Sec. 28. Minnesota Statutes 1992, section 97B.035, is
amended by adding a subdivision to read:
Subd. 4. [AUTHORITY OF COMMISSIONER.] The commissioner may
not impose restrictions on the possession, transportation, or
use of archery equipment except as specifically authorized by
law.
Sec. 29. Minnesota Statutes 1993 Supplement, section
97B.041, is amended to read:
97B.041 [POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
IN DEER ZONES.]
A person may not possess a firearm or ammunition outdoors
during the period beginning the fifth day before the open
firearms season and ending the second day after the close of the
season within an area where deer may be taken by a firearm,
except:
(1) during the open season and in an area where big game
may be taken, a firearm and ammunition authorized for taking big
game in that area may be used to take big game in that area if
the person has a valid big game license in possession;
(2) an unloaded firearm that is in a case or in a closed
trunk of a motor vehicle;
(3) a shotgun and shells containing No. 4 buckshot or
smaller diameter lead shot or steel shot;
(4) a handgun or rifle and only short, long, and long rifle
cartridges that are caliber of .22 inches;
(5) handguns possessed by a person authorized to carry a
handgun under sections 624.714 and 624.715 for the purpose
authorized; and
(6) on a target range operated under a permit from the
commissioner.
This section does not apply during an open firearms season
in an area where deer may be taken only by muzzleloader, except
that muzzleloading firearms lawful for the taking of deer may be
possessed only by persons with a valid license to take deer by
muzzleloader during that season.
Sec. 30. Minnesota Statutes 1993 Supplement, section
97B.071, is amended to read:
97B.071 [BLAZE ORANGE REQUIREMENTS.]
(a) Except as provided in paragraph (b), a person may not
hunt or trap during the open season in a zone or area where deer
may be taken by firearms under applicable laws and ordinances,
unless the visible portion of the person's cap and outer
clothing above the waist, excluding sleeves and gloves, is blaze
orange. Blaze orange includes a camouflage pattern of at least
50 percent blaze orange within each foot square. This section
does not apply to migratory waterfowl hunters on waters of this
state or in a stationary shooting location.
This section is effective for the 1994 firearms deer season
and subsequent firearms deer seasons. The commissioner of
natural resources shall, by way of public service announcements
and other means, inform the public of the provisions of this
section.
(b) The commissioner may, by rule, prescribe an alternative
color in cases where paragraph (a) would violate the Religious
Freedom Restoration Act of 1993, public law number 103-141.
Sec. 31. Minnesota Statutes 1992, section 97B.075, is
amended to read:
97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.]
A person may not take protected wild animals, except
raccoon and fox, with a firearm or by archery between the
evening and morning times established by commissioner's rule, or
by archery from one-half hour after sunset until one-half hour
before sunrise.
Sec. 32. Minnesota Statutes 1992, section 97B.211,
subdivision 2, is amended to read:
Subd. 2. [ARROWHEAD REQUIREMENTS.] Arrowheads used for
taking big game must be sharp, have a minimum of two metal
cutting edges, be of a barbless broadhead design, and must have
a diameter of at least seven-eighths inch. The commissioner may
allow retractable broadhead arrowheads that meet the other
requirements of this subdivision.
Sec. 33. [97B.667] [REMOVAL OF BEAVER DAMS AND LODGES BY
ROAD AUTHORITIES.]
When a drainage watercourse is impaired by a beaver dam and
the water damages or threatens to damage a public road, the road
authority, as defined in section 160.02, subdivision 9, may
remove the impairment and any associated beaver lodge within 300
feet of the road, if the commissioner approves.
Sec. 34. Minnesota Statutes 1992, section 97B.701, is
amended by adding a subdivision to read:
Subd. 3. [RECAPTURE OF RELEASED BOB-WHITE QUAIL.] Released
bob-white quail may be recaptured without a license. In
Houston, Fillmore, and Winona counties, this subdivision applies
only to birds that are banded or otherwise marked.
Sec. 35. Minnesota Statutes 1992, section 97B.711,
subdivision 1, is amended to read:
Subdivision 1. [SEASONS FOR CERTAIN UPLAND GAME BIRDS.]
(a) The commissioner may, by rule, prescribe an open season in
designated areas between September 16 and December 31 for:
(1) pheasant;
(2) ruffed grouse;
(3) sharp tailed grouse;
(4) Canada spruce grouse;
(5) prairie chicken;
(6) gray partridge;
(7) chukar partridge;
(8) bob-white quail; and
(9) (8) turkey.
(b) The commissioner may by rule prescribe an open season
for turkey in the spring.
Sec. 36. Minnesota Statutes 1993 Supplement, section
97B.711, subdivision 2, is amended to read:
Subd. 2. [DAILY AND POSSESSION LIMITS FOR CERTAIN UPLAND
GAME BIRDS.] (a) A person may not take more than five in one day
or possess more than ten of each of the following:
(1) pheasant;
(2) ruffed grouse;
(3) sharp tailed grouse;
(4) Canada spruce grouse;
(5) prairie chicken; and
(6) gray partridge; and
(7) chukar partridge.
(b) A person may not take more than ten quail in one day or
possess more than 15 bob-white quail.
(c) The commissioner may, by rule, reduce the daily and
possession limits established in this subdivision.
Sec. 37. Minnesota Statutes 1992, section 97B.905,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIREMENT.]
(a) A person may not buy or sell raw furs without a fur
buying and selling license, except:
(1) a taxidermist licensed under section 97A.475,
subdivision 19, and a fur manufacturer are not required to have
a license to buy raw furs from a person with fur buying and
selling licenses; and
(2) a person lawfully entitled to take furbearing animals
is not required to have a license to sell raw furs to a person
with a fur buying and selling license.
(b) An employee, partner, or officer buying or selling only
for a raw fur dealer licensee at an established place of
business licensed under section 97A.475, subdivision 21, clause
(a), may obtain a supplemental license under section 97A.475,
subdivision 21, clause (b).
Sec. 38. Minnesota Statutes 1992, section 97B.931, is
amended to read:
97B.931 [TENDING TRAPS RESTRICTED.]
A person may not tend a trap set for wild animals between
7:00 10:00 p.m. and 5:00 a.m. Between 5:00 a.m. and 7:00 10:00
p.m. a person on foot may use a portable artificial light to
tend traps. While using a light in the field, the person may
not possess or use a firearm other than a handgun of .22 caliber.
Sec. 39. Minnesota Statutes 1992, section 97C.325, is
amended to read:
97C.325 [PROHIBITED METHODS OF TAKING FISH.]
(a) Except as specifically authorized, a person may not
take fish with:
(1) explosives, chemicals, drugs, poisons, lime, medicated
bait, fish berries, or other similar substances;
(2) substances or devices that kill, stun, or affect the
nervous system of fish;
(3) nets, traps, trot lines, or snares; or
(4) spring devices that impale, hook, or capture fish.
(b) If a person possesses a substance or device listed in
paragraph (a) on waters, shores, or islands, it is presumptive
evidence that the person is in violation of this section.
(c) The commissioner may, by rule, allow the use of a
nonmotorized device with a recoil mechanism to take fish through
the ice.
Sec. 40. Minnesota Statutes 1992, section 344.03,
subdivision 1, is amended to read:
Subdivision 1. [ADJOINING OWNERS.] If all or a part of
adjoining Minnesota land is improved and used, and one or both
of the owners of the land desires the land to be partly or
totally fenced, the land owners or occupants shall build and
maintain a partition fence between their lands in equal shares.
The requirement in this section and the procedures in this
chapter apply to the department of natural resources when it
owns land adjoining privately owned land subject to this section
and chapter and the landowner desires the land permanently
fenced for the purpose of restraining livestock.
Sec. 41. Laws 1993, chapter 273, section 1, is amended to
read:
Section 1. [AUTHORIZATION TO TAKE TWO DEER IN CERTAIN
COUNTIES.]
Notwithstanding Minnesota Statutes, section 97B.301,
subdivision 2, during the 1993 and 1994, 1995, and 1996 hunting
seasons in Kittleson, Lake of the Woods, Marshall, Pennington,
and Roseau counties a person may obtain one firearms deer
license and one archery deer license in the same license year
and may take one deer under each license.
Sec. 42. Laws 1993, chapter 129, section 4, subdivision 4,
is amended to read:
Subd. 4. [REPORT.] The task force shall submit a written
report containing its recommendations and findings to the
legislature by January 1, 1994 1995.
Sec. 43. [EXPANDED SEASON FOR RACCOON AND RED FOX;
NONRESIDENTS; REPORT.]
(a) Notwithstanding Minnesota Statutes, sections 97B.605
and 97B.621, subdivision 1, until June 1, 1996, the open season
for taking raccoon and red fox is continuous and a person may
possess raccoon and red fox in any quantity.
(b) Notwithstanding Minnesota Statutes, sections 97A.475,
subdivision 3, clause (6), and 97B.601, subdivision 3, until
June 1, 1996, a nonresident may take raccoon and red fox with a
license issued under Minnesota Statutes, section 97A.475,
subdivision 3, clause (1).
(c) By January 15, 1996, the commissioner of natural
resources shall report to the legislative committees with
jurisdiction over natural resources on the effects of paragraphs
(a) and (b), including effects on the raccoon and red fox
populations in the state, effects on populations in the state of
protected species on which raccoon and red fox prey, and other
effects. The report must include any recommendations the
commissioner has for changes in the provisions of the game and
fish laws relating to raccoon and red fox.
Sec. 44. [SHOOTING HOURS AND RESTRICTIONS RELATING TO
FIREARMS AND ARCHERY EQUIPMENT; REPORT.]
The commissioner of natural resources shall seek public
input and comment on the issues of shooting hours and the
possession, transportation, and use of firearms and archery
equipment. By April 1, 1995, the commissioner shall report to
the environment and natural resources committees of the
legislature with a summary of the public comments received and
any recommendations for legislation.
Sec. 45. [ENFORCEMENT OF LAWS RELATED TO BUYING AND
SELLING FISH; REPORT.]
By January 15, 1995, the commissioner of natural resources
shall report to the environment and natural resources committees
of the legislature with recommendations for legislation to
improve enforcement of Minnesota Statutes, section 97C.391,
including record keeping requirements, enhanced remedies, and
inspection authorities.
Sec. 46. [INSTRUCTION TO REVISOR.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall renumber section 84.9695 as
section 17.457.
Sec. 47. [REPEALER.]
Minnesota Statutes 1992, section 97A.475, subdivision 17,
is repealed.
Sec. 48. [EFFECTIVE DATE.]
Sections 1 to 7, 9 to 27, 29, 30, 32 to 36, and 40 to 47,
are effective the day following final enactment.
Section 39 is effective January 1, 1995.
Sections 28 and 31 are effective July 1, 1995.
ARTICLE 2
GOOD SAMARITANS
Section 1. [604A.01] [GOOD SAMARITAN LAW.]
Subdivision 1. [DUTY TO ASSIST.] A person at the scene of
an emergency who knows that another person is exposed to or has
suffered grave physical harm shall, to the extent that the
person can do so without danger or peril to self or others, give
reasonable assistance to the exposed person. Reasonable
assistance may include obtaining or attempting to obtain aid
from law enforcement or medical personnel. A person who
violates this subdivision is guilty of a petty misdemeanor.
Subd. 2. [GENERAL IMMUNITY FROM LIABILITY.] (a) A person
who, without compensation or the expectation of compensation,
renders emergency care, advice, or assistance at the scene of an
emergency or during transit to a location where professional
medical care can be rendered, is not liable for any civil
damages as a result of acts or omissions by that person in
rendering the emergency care, advice, or assistance, unless the
person acts in a willful and wanton or reckless manner in
providing the care, advice, or assistance. This subdivision
does not apply to a person rendering emergency care, advice, or
assistance during the course of regular employment, and
receiving compensation or expecting to receive compensation for
rendering the care, advice, or assistance.
(b) For the purposes of this section, the scene of an
emergency is an area outside the confines of a hospital or other
institution that has hospital facilities, or an office of a
person licensed to practice one or more of the healing arts
under chapter 147, 148, 150A, or 153. The scene of an emergency
includes areas threatened by or exposed to spillage, seepage,
fire, explosion, or other release of hazardous materials, and
includes ski areas and trails.
(c) For the purposes of this section, "person" includes a
public or private nonprofit volunteer firefighter, volunteer
police officer, volunteer ambulance attendant, volunteer first
provider of emergency medical services, volunteer ski patroller,
and any partnership, corporation, association, or other entity.
(d) For the purposes of this section, "compensation" does
not include payments, reimbursement for expenses, or pension
benefits paid to members of volunteer organizations.
Sec. 2. [604A.02] [AID TO SHOOTING VICTIM.]
A person who is subject to the duty imposed by section
609.662, subdivision 3, who, without compensation or expectation
of compensation, renders assistance to the injured person, is
not liable for any civil damages as a result of acts or
omissions by that person in rendering the assistance unless that
person acts in a willful and wanton or reckless manner in
rendering the assistance. This section does not apply to a
person who renders the assistance during the course of regular
employment and receives compensation or expects to receive
compensation for rendering the assistance.
Sec. 3. [604A.03] [MISCELLANEOUS GOOD SAMARITAN LAWS.]
Certain persons who provide assistance at the scene of a
hazardous materials response incident are not liable for damages
to the extent provided in section 299A.51, subdivision 3.
ARTICLE 3
VOLUNTEER AND CHARITABLE ACTIVITIES
Section 1. [604A.10] [LIABILITY OF FOOD DONORS.]
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
section, the following terms have the meanings given them.
(b) "Distressed food" means, in addition to the definition
in section 31.495, certain perishable foods, as defined in
section 28A.03, that may not be readily marketable due to
appearance, freshness, grade, surplus, or other considerations
and are not suspect of having been rendered unsafe or unsuitable
for food use and are adequately labeled.
(c) "Food bank" means a surplus food collection and
distribution system operated and established to assist in
bringing donated food to nonprofit charitable organizations and
individuals for the purpose of reducing hunger and meeting
nutritional needs.
(d) "Food facility" means:
(1) a restaurant, food establishment, vehicle, vending
machine, produce stand, temporary food facility, satellite food
distribution facility, stationary mobile food preparation unit,
or mobile food preparation unit;
(2) a place used in conjunction with the operations
described in clause (1), including, but not limited to, storage
facilities for food-related utensils, equipment, and materials;
or
(3) a farmers' market.
(e) "Nonprofit charitable organization" means an
organization that is incorporated under the Minnesota nonprofit
corporation act and is operating for charitable purposes.
Subd. 2. [DONATION; DISTRESSED FOOD.] A food manufacturer,
distributor, processor, or a person who donates or collects
distressed food to or for a nonprofit charitable organization
for distribution at no charge to the elderly or needy, or who
directly distributes distressed food to the elderly or needy at
no charge, is not liable for any injury, including but not
limited to injury resulting from the ingesting of the distressed
food, unless the injury is caused by the gross negligence,
recklessness or intentional misconduct of the food manufacturer,
processor, distributor, or person.
Subd. 3. [DISTRIBUTION.] A food bank or nonprofit
charitable organization that in good faith collects or receives
and distributes to the elderly or needy, at no charge, food that
is fit for human consumption at the time it is distributed, is
not liable for any injury, including but not limited to injury
resulting from the ingesting of the food, unless the injury is
caused by the gross negligence, recklessness or intentional
misconduct of the food bank or nonprofit charitable organization.
Subd. 4. [OTHER FOOD DONATION.] A food facility that
donates, to a food bank or other nonprofit charitable
organization, food that is fit for human consumption at the time
of donation and distributed by the food bank or nonprofit
charitable organization to the elderly or needy at no charge, is
not liable for any injury, including, but not limited to,
liability resulting from ingestion of the food, unless the
injury is caused by the gross negligence, recklessness, or
intentional misconduct of the food facility.
Subd. 5. [AUTHORITY NOT RESTRICTED.] This section does not
restrict the authority of the commissioner of agriculture to
regulate or ban the use or consumption of distressed food
donated, collected, or received for charitable purposes.
Sec. 2. [604A.11] [VOLUNTEER ATHLETIC COACHES AND
OFFICIALS; PHYSICIANS AND TRAINERS; IMMUNITY FROM LIABILITY.]
Subdivision 1. [GRANT.] (a) No individual who provides
services or assistance without compensation as an athletic
coach, manager, official, physician, or certified athletic
trainer for a sports team that is organized or performing under
a nonprofit charter or as a physician or certified athletic
trainer for a sports team or athletic event sponsored by a
public or private educational institution, and no
community-based, voluntary nonprofit athletic association, or
any volunteer of the nonprofit athletic association, is liable
for money damages to a player, participant, or spectator as a
result of an individual's acts or omissions in the providing of
that service or assistance either at the scene of the event or,
in the case of a physician or athletic trainer, while the
player, participant, or spectator is being transported to a
hospital, physician's office, or other medical facility.
(b) This section applies to organized sports competitions
and practice and instruction in that sport.
(c) For purposes of this section, "compensation" does not
include reimbursement for expenses.
Subd. 2. [LIMITATION.] Subdivision 1 does not apply:
(1) to the extent that the acts or omissions are covered
under an insurance policy issued to the entity for whom the
coach, manager, official, physician, or certified athletic
trainer serves;
(2) if the individual acts in a willful and wanton or
reckless manner in providing the services or assistance;
(3) if the acts or omissions arise out of the operation,
maintenance, or use of a motor vehicle;
(4) to an athletic coach, manager, or official who provides
services or assistance as part of a public or private
educational institution's athletic program;
(5) to a public or private educational institution for
which a physician or certified athletic trainer provides
services; or
(6) if the individual acts in violation of federal, state,
or local law.
The limitation in clause (1) constitutes a waiver of the
defense of immunity to the extent of the liability stated in the
policy, but has no effect on the liability of the individual
beyond the coverage provided. The limitation in clause (5) does
not affect the limitations on liability of a public educational
institution under section 3.736 or chapter 466.
Sec. 3. [604A.12] [LIVESTOCK ACTIVITIES; IMMUNITY FROM
LIABILITY.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given them.
(b) "Inherent risks of livestock activities" means dangers
or conditions that are an integral part of livestock activities,
including:
(1) the propensity of livestock to behave in ways that may
result in death or injury to persons on or around them, such as
kicking, biting, or bucking;
(2) the unpredictability of livestock's reaction to things
like sound, sudden movement, unfamiliar objects, persons, or
other animals;
(3) natural hazards such as surface or subsurface
conditions; or
(4) collisions with other livestock or objects.
(c) "Livestock" means cattle, sheep, swine, horses, ponies,
donkeys, mules, hinnies, goats, buffalo, llamas, or poultry.
(d) "Livestock activity" means an activity involving the
maintenance or use of livestock, regardless of whether the
activity is open to the general public, provided the activity is
not performed for profit. Livestock activity includes:
(1) livestock production;
(2) loading, unloading, or transporting livestock;
(3) livestock shows, fairs, competitions, performances,
races, rodeos, or parades;
(4) livestock training or teaching activities;
(5) boarding, shoeing, or grooming livestock; or
(6) riding or inspecting livestock or livestock equipment.
(e) "Livestock activity sponsor" means a person who
sponsors, organizes, or provides the facilities for a livestock
activity that is open to the general public.
(f) "Participant" means a person who directly and
intentionally engages in a livestock activity. "Participant"
does not include a spectator who is in an authorized area.
Subd. 2. [IMMUNITY FROM LIABILITY.] Except as provided in
subdivision 3, a nonprofit corporation, association, or
organization, or a person or other entity donating services,
livestock, facilities, or equipment for the use of a nonprofit
corporation, association, or organization, is not liable for the
death of or an injury to a participant resulting from the
inherent risks of livestock activities.
Subd. 3. [EXCEPTIONS.] Subdivision 2 does not apply if any
of the following exist:
(1) the person provided livestock for the participant and
failed to make reasonable efforts to determine the ability of
the participant to safely engage in the livestock activity or to
determine the ability of the participant to safely manage the
particular livestock based on the participant's representations
of the participant's ability;
(2) the person provided equipment or tack for the livestock
and knew or should have known that it was faulty to the extent
that it caused the injury or death;
(3) the person owns or leases the land upon which a
participant was injured or died because of a man-made dangerous
latent condition and failed to use reasonable care to protect
the participant;
(4) the person is a livestock activity sponsor and fails to
comply with the notice requirement of subdivision 4; or
(5) the act or omission of the person was willful or
negligent.
Subd. 4. [POSTING NOTICE.] A livestock activity sponsor
shall post plainly visible signs at one or more prominent
locations in the premises where the livestock activity takes
place that include a warning of the inherent risks of livestock
activity and the limitation of liability under this section.
Sec. 4. [604A.13] [MISCELLANEOUS VOLUNTEER AND CHARITABLE
ACTIVITIES.]
An individual and an individual's estate are not liable for
an anatomical gift as provided in section 525.9221, paragraph
(d).
Sec. 5. [EFFECTIVE DATE; APPLICATION.]
Section 3 is effective August 1, 1994, and applies to
causes of action arising on or after that date.
ARTICLE 4
ACTIVITIES INVOLVING A PUBLIC BENEFIT OR FUNCTION
Section 1. [604A.20] [POLICY.]
It is the policy of this state, in furtherance of the
public health and welfare, to encourage and promote the use of
privately owned lands and waters by the public for beneficial
recreational purposes, and the provisions of sections 604A.20 to
604A.27 are enacted to that end.
Sec. 2. [604A.21] [RECREATIONAL LAND USE; DEFINITIONS.]
Subdivision 1. [GENERAL.] For the purposes of sections
604A.20 to 604A.27, the terms defined in this section have the
meanings given them, except where the context clearly indicates
otherwise.
Subd. 2. [CHARGE.] "Charge" means any admission price
asked or charged for services, entertainment, recreational use,
or other activity or the offering of products for sale to the
recreational user by a commercial for profit enterprise directly
related to the use of the land.
Subd. 3. [LAND.] "Land" means privately owned or leased
land, roads, water, watercourses, private ways and buildings,
structures, and machinery or equipment when attached to the land.
Subd. 4. [OWNER.] "Owner" means the possessor of a fee
interest or a life estate, tenant, lessee, occupant, or person
in control of the land.
Subd. 5. [RECREATIONAL PURPOSE.] "Recreational purpose"
includes, but is not limited to, hunting; trapping; fishing;
swimming; boating; camping; picnicking; hiking; bicycling;
horseback riding; firewood gathering; pleasure driving,
including snowmobiling and the operation of any motorized
vehicle or conveyance upon a road or upon or across land in any
manner, including recreational trail use; nature study; water
skiing; winter sports; and viewing or enjoying historical,
archaeological, scenic, or scientific sites.
Subd. 6. [RECREATIONAL TRAIL USE.] "Recreational trail use"
means use on or about a trail, including but not limited to,
hunting; trapping; fishing; hiking; bicycling; skiing; horseback
riding; snowmobile riding; and motorized trail riding.
Sec. 3. [604A.22] [OWNER'S DUTY OF CARE OR DUTY TO GIVE
WARNINGS.]
Except as provided in section 604A.25, an owner who gives
written or oral permission for the use of the land for
recreational purposes without charge:
(1) owes no duty of care to render or maintain the land
safe for entry or use by other persons for recreational purpose;
(2) owes no duty to warn those persons of any dangerous
condition on the land, whether patent or latent;
(3) owes no duty of care toward those persons except to
refrain from willfully taking action to cause injury; and
(4) owes no duty to curtail use of the land during its use
for recreational purpose.
Sec. 4. [604A.23] [OWNER'S LIABILITY.]
An owner who gives written or oral permission for the use
of the land for recreational purposes without charge does not by
that action:
(1) extend any assurance that the land is safe for any
purpose;
(2) confer upon the person the legal status of an invitee
or licensee to whom a duty of care is owed; or
(3) assume responsibility for or incur liability for any
injury to the person or property caused by an act or omission of
the person.
Sec. 5. [604A.24] [LIABILITY; LEASED LAND, WATER FILLED
MINE PITS.]
Unless otherwise agreed in writing, sections 604A.22 and
604A.23 also apply to the duties and liability of an owner of
the following land:
(1) land leased to the state or any political subdivision
for recreational purpose; or
(2) idled or abandoned, water filled mine pits whose pit
walls may slump or cave, and to which water the public has
access from a water access site operated by a public entity.
Sec. 6. [604A.25] [OWNER'S LIABILITY; NOT LIMITED.]
Nothing in sections 604A.20 to 604A.27 limits liability
that otherwise exists:
(1) for conduct which, at law, entitles a trespasser to
maintain an action and obtain relief for the conduct complained
of; or
(2) for injury suffered in any case where the owner charges
the persons who enter or go on the land for the recreational
purpose, except that in the case of land leased to the state or
a political subdivision, any consideration received from the
state or political subdivision by the owner for the lease is not
considered a charge within the meaning of this section.
Except for conduct set forth in section 3, clause (3), a
person may not maintain an action and obtain relief at law for
conduct referred to by clause (1) if the entry upon the land is
incidental to or arises from access granted for the recreational
trail use of land dedicated, leased, or permitted by the owners
for recreational trail use.
Sec. 7. [604A.26] [LAND USER'S LIABILITY.]
Nothing in sections 604A.20 to 604A.27 relieves any person
using the land of another for recreational purpose from any
obligation that the person may have in the absence of sections
604A.20 to 604A.27 to exercise care in use of the land and in
the person's activities on the land, or from the legal
consequences of failure to employ that care.
Sec. 8. [604A.27] [DEDICATION; EASEMENT.]
No dedication of any land in connection with any use by any
person for a recreational purpose takes effect in consequence of
the exercise of that use for any length of time except as
expressly permitted or provided in writing by the owner, nor
shall the grant of permission for the use by the owner grant to
any person an easement or other property right in the land
except as expressly provided in writing by the owner.
Sec. 9. [604A.30] [BREATH ALCOHOL TESTING DEVICE IN LIQUOR
ESTABLISHMENTS.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given them.
(b) "Breath alcohol testing device" means a device that
tests for alcohol concentration by using a breath sample.
(c) "Licensed premises" has the meaning given in section
340A.101, subdivision 15.
(d) "Liquor licensee" means a person licensed under
sections 340A.403 to 340A.407 or 340A.414, and includes an agent
or employee of a licensee.
Subd. 2. [IMMUNITY FROM LIABILITY.] (a) Subject to
subdivision 3, a liquor licensee who administers or makes
available a breath alcohol testing device in the licensed
premises is immune from any liability arising out of the result
of the test.
(b) Subject to subdivision 3, a designer, manufacturer,
distributor, or seller of a breath alcohol testing device is
immune from any products liability or other cause of action
arising out of the result of a test by the breath alcohol
testing device in a licensed premises.
Subd. 3. [IMMUNITY REQUIREMENTS.] Subdivision 2 applies
only if:
(1) a conspicuous notice is posted in the licensed premises:
(i) informing patrons of the immunity provisions of
subdivision 2 and notifying them that the test is made available
solely for their own informal use and information; and
(ii) informing patrons of the alcohol-related driving
penalties under sections 169.121 to 169.123, 169.129, and
609.21;
(2) the type of breath alcohol testing device is certified
by the commissioner of public safety under subdivision 7; and
(3) the breath alcohol testing device test results are
indicated as follows:
(i) the breath alcohol testing device shows a white light
and gives a reading of alcohol concentration if alcohol
concentration is less than .05;
(ii) the breath alcohol testing device shows a yellow light
and gives a reading of alcohol concentration if alcohol
concentration is .05 or more but less than .08;
(iii) the breath alcohol testing device shows an orange
light and gives a reading of alcohol concentration if alcohol
concentration is .08 or more but less than .10, and displays a
message that states "You are close to the legal limit and your
driving may be impaired"; or
(iv) the breath alcohol testing device shows a red light if
alcohol concentration is .10 or greater but does not give a
reading of alcohol concentration, and displays a message that
states that the person fails the test.
Subd. 4. [EVIDENCE.] Evidence regarding the result of a
test by a breath alcohol testing device in a licensed premises
is not admissible in any civil or criminal proceeding.
Subd. 5. [DRAMSHOP.] This section does not affect
liability under section 340A.801.
Subd. 6. [PREPARATION OF NOTICE.] The commissioner of
public safety shall prepare and make available to liquor
licensees the notices described in subdivision 3.
Subd. 7. [RULES; CERTIFICATION.] The commissioner of
public safety shall adopt any rules reasonably required to
implement this section, including performance and maintenance
standards for breath alcohol testing devices. The commissioner
shall certify breath alcohol testing devices that meet the
performance standards. The costs of rulemaking and
certification must be borne by the manufacturers of the breath
alcohol testing devices.
Sec. 10. [604A.31] [MISCELLANEOUS PUBLIC BENEFIT OR
FUNCTION.]
Subdivision 1. [NURSING HOME RECEIVERS.] Certain nursing
home receivers are immune from personal liability as provided in
section 144A.15, subdivision 4.
Subd. 2. [HEALTH CARE REVIEW ORGANIZATIONS.] Certain
persons involved in health care review organization activities
are immune from liability as provided in section 145.63.
Subd. 3. [BACKGROUND CHECKS.] Certain persons who issue
certificates in conjunction with gun permit background checks
are immune from liability as provided in section 624.713,
subdivision 1.
Sec. 11. [EFFECTIVE DATE; APPLICATION.]
Sections 1 to 8 are effective August 1, 1994, and apply to
causes of action arising on or after that date.
ARTICLE 5
MISCELLANEOUS
Section 1. Minnesota Statutes 1992, section 144.761,
subdivision 5, is amended to read:
Subd. 5. [EMERGENCY MEDICAL SERVICES PERSONNEL.]
"Emergency medical services personnel" means:
(1) individuals employed to provide prehospital emergency
medical services;
(2) persons employed as licensed police officers under
section 626.84, subdivision 1, who experience a significant
exposure in the performance of their duties;
(3) firefighters, paramedics, emergency medical
technicians, licensed nurses, rescue squad personnel, or other
individuals who serve as employees or volunteers of an ambulance
service as defined by sections 144.801 to 144.8091, who provide
prehospital emergency medical services;
(4) crime lab personnel receiving a significant exposure
while involved in a criminal investigation;
(5) correctional guards, including security guards at the
Minnesota security hospital, employed by the state or a local
unit of government who experience a significant exposure to an
inmate who is transported to a facility for emergency medical
care; and
(6) other persons who render emergency care or assistance
at the scene of an emergency, or while an injured person is
being transported to receive medical care, and who would qualify
for immunity from liability under the good samaritan law,
section 604.05 604A.01.
Sec. 2. Minnesota Statutes 1992, section 469.091, is
amended by adding a subdivision to read:
Subd. 3. [UNPAID OFFICERS, DIRECTORS, AND AGENTS;
LIABILITY.] Section 317A.257 applies to an economic development
authority or to a nonprofit corporation exercising the powers of
an economic development authority.
Sec. 3. [REPEALER.]
Minnesota Statutes 1992, sections 31.50; 87.021; 87.0221;
87.023; 87.024; 87.025; 87.026; 87.03; 604.05; 604.08; 604.09;
and 609.662, subdivision 5, are repealed.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 3:56 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes