Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 410-S.F.No. 2445
An act relating to natural resources; clarifying
status of game refuge designations; modifying
provisions for aquatic farms; modifying provisions for
recreational vehicles; removing the residency
requirement for youth hunting; permitting nonresident
students to take big game; defining terms; modifying
provisions relating to short-term fishing licenses,
special permits, commercial fishing, taking fish,
taking deer, blaze orange, trout and salmon stamps,
and sturgeon and paddlefish; modifying provisions for
stocking fish; modifying provisions related to wild
rice and disposal of state hatchery eggs or fry;
requiring reports; ratifying certain conveyances of
county fee lands; permitting the sale of certain state
wildlife land; modifying certain provisions for
shoreland transfers; modifying penalty provisions for
personal flotation device violations; amending
Minnesota Statutes 1994, sections 17.4982,
subdivisions 8, 10, 17, 21, and by adding a
subdivision; 17.4984, subdivisions 2 and 7; 17.4985,
subdivisions 2 and 3; 17.4986; 17.4988, subdivisions 2
and 4; 17.4991, subdivision 3; 17.4992, subdivisions 2
and 3; 17.4993, subdivision 1; 97A.015, subdivision
20, and by adding a subdivision; 97A.401, subdivision
4; 97A.411, subdivision 1; 97A.451, by adding a
subdivision; 97A.455; 97A.475, subdivisions 30, 31,
32, 33, 34, 35, 36, and 37; 97A.535, by adding a
subdivision; 97B.021, subdivision 1; 97B.071; 97B.311;
97C.035, subdivision 3; 97C.203; 97C.205; 97C.305,
subdivision 2; 97C.411; 97C.811, subdivision 6;
97C.815, subdivision 4; 97C.835, subdivisions 1 and 5;
and 97C.841; Minnesota Statutes 1995 Supplement,
sections 14.386; 14.387; 84.788, subdivision 3;
84.922, subdivision 2; and 97A.451, subdivision 3;
Laws 1995, chapters 220, section 137; and 238, section
1, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 84; repealing Minnesota
Statutes 1994, sections 84.09 and 84.14; Laws 1995,
chapter 220, section 136.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1995 Supplement, section
14.386, is amended to read:
14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.]
(a) A rule adopted, amended, or repealed by an agency,
under a statute authorizing or requiring rules to be adopted but
excluded from the rulemaking provisions of chapter 14 or from
the definition of a rule, has the force and effect of law only
if:
(1) the revisor of statutes approves the form of the rule
by certificate;
(2) the office of administrative hearings approves the rule
as to its legality within 14 days after the agency submits it
for approval and files two copies of the rule with the revisor's
certificate in the office of the secretary of state; and
(3) a copy is published by the agency in the State Register.
(b) A rule adopted under this section is effective for a
period of two years from the date of publication of the rule in
the State Register. The authority for the rule expires at the
end of this two-year period.
(c) The chief administrative law judge shall adopt rules
relating to the rule approval duties imposed by this section and
section 14.388, including rules establishing standards for
review.
(d) This section does not apply to rules adopted, amended,
or repealed under section 14.388.
This section also does not apply to:
(1) rules implementing emergency powers pursuant to
sections 12.31 to 12.37;
(2) rules of agencies directly in the legislative or
judicial branches;
(3) rules of the regents of the University of Minnesota;
(4) rules of the department of military affairs;
(5) rules of the comprehensive health association provided
in section 62E.10;
(6) rules of the tax court provided by section 271.06;
(7) rules concerning only the internal management of the
agency or other agencies, and which do not directly affect the
rights of or procedure available to the public;
(8) rules of the commissioner of corrections relating to
the placement and supervision of inmates serving a supervised
release term, the internal management of institutions under the
commissioner's control, and rules adopted under section 609.105
governing the inmates of those institutions;
(9) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;
(10) opinions of the attorney general;
(11) the systems architecture plan and long-range plan of
the state education management information system provided by
section 121.931;
(12) the data element dictionary and the annual data
acquisition calendar of the department of children, families,
and learning to the extent provided by section 121.932;
(13) the occupational safety and health standards provided
in section 182.655;
(14) revenue notices and tax information bulletins of the
commissioner of revenue;
(15) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09;
(16) game and fish rules of the commissioner of natural
resources adopted under section 84.027, subdivision 13, or
sections 97A.0451 to 97A.0459; or
(17) experimental and special management waters designated
by the commissioner of natural resources under sections 97C.001
and 97C.005; or
(18) game refuges designated by the commissioner of natural
resources under section 97A.085.
Sec. 2. Minnesota Statutes 1995 Supplement, section
14.387, is amended to read:
14.387 [LEGAL STATUS OF EXISTING EXEMPT RULES.]
A rule adopted on or before May 26, 1995, and which was not
adopted under sections 14.05 to 14.28 or their predecessor
provisions, does not have the force and effect of law on and
after July 1, 1997, and the authority for the rule expires on
that date.
This section does not apply to:
(1) rules implementing emergency powers under sections
12.31 to 12.37;
(2) rules of agencies directly in the legislative or
judicial branches;
(3) rules of the regents of the University of Minnesota;
(4) rules of the department of military affairs;
(5) rules of the comprehensive health association provided
in section 62E.10;
(6) rules of the tax court provided by section 271.06;
(7) rules concerning only the internal management of the
agency or other agencies, and which do not directly affect the
rights of or procedure available to the public;
(8) rules of the commissioner of corrections relating to
the placement and supervision of inmates serving a supervised
release term, the internal management of institutions under the
commissioner's control, and rules adopted under section 609.105
governing the inmates of those institutions;
(9) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;
(10) opinions of the attorney general;
(11) the systems architecture plan and long-range plan of
the state education management information system provided by
section 121.931;
(12) the data element dictionary and the annual data
acquisition calendar of the department of education to the
extent provided by section 121.932;
(13) the occupational safety and health standards provided
in section 182.655;
(14) revenue notices and tax information bulletins of the
commissioner of revenue;
(15) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09;
(16) game and fish rules of the commissioner of natural
resources adopted under section 84.027, subdivision 13, or
sections 97A.0451 to 97A.0459; or
(17) experimental and special management waters designated
by the commissioner of natural resources under sections 97C.001
and 97C.005; or
(18) game refuges designated by the commissioner of natural
resources under section 97A.085.
Sec. 3. Minnesota Statutes 1994, section 17.4982,
subdivision 8, is amended to read:
Subd. 8. [CONTAINMENT FACILITY.] "Containment facility"
means a licensed facility for salmonids or catfish that complies
with clauses (1), (3), and (4), or clauses (2), (3), and (4):
(1) disinfects its effluent to the standards in section
17.4991 before the effluent is discharged to public waters;
(2) does not discharge to public waters or to waters of the
state directly connected to public waters;
(3) raises aquatic life that is prohibited from being
released into the wild and must be kept in a facility approved
by the commissioner unless processed for food consumption only;
(4) contains aquatic life requiring a fish health
inspection prior to transportation.
Sec. 4. Minnesota Statutes 1994, section 17.4982, is
amended by adding a subdivision to read:
Subd. 8a. [EMERGENCY ENZOOTIC DISEASE AREA.] "Emergency
enzootic disease area" means an enzootic disease area that
harbors an emergency fish disease. Trout, salmon, or catfish
species are from an emergency enzootic disease area only if the
individual species in question can carry one or more of the
emergency fish disease pathogens present.
Sec. 5. Minnesota Statutes 1994, section 17.4982,
subdivision 10, is amended to read:
Subd. 10. [ENZOOTIC DISEASE AREA.] "Enzootic disease area"
means a disease that is known to occur within an area with
well-defined geographic boundaries which harbors one or more
certifiable diseases pathogens.
Sec. 6. Minnesota Statutes 1994, section 17.4982,
subdivision 17, is amended to read:
Subd. 17. [LOT.] "Lot" means a group of fish of the same
species and age that originated from the same discrete spawning
population and that always have shared a common water supply.,
or various age groups of adult brood stock of the same
species may comprise the same lot if they that have shared the
same containers for one brood cycle.
Sec. 7. Minnesota Statutes 1994, section 17.4982,
subdivision 21, is amended to read:
Subd. 21. [STANDARD FACILITY.] "Standard facility" means a
licensed facility with a continual or intermittent discharge of
effluent to public waters that is not a quarantine or
containment facility.
Sec. 8. Minnesota Statutes 1994, section 17.4984,
subdivision 2, is amended to read:
Subd. 2. [LISTED WATERS.] (a) An aquatic farm license must
list:
(1) the specific waters of the state that may be used in
connection with the licensed aquatic farm and the species
approved for each licensed water; and
(2) whether aeration requiring a permit is approved.
Additional waters may not be used until they are approved by the
commissioner.
(b) The right to use waters licensed for private fish
hatchery or aquatic farm purposes may be transferred between
licensees with prior approval by the commissioner if
requirements for species to be raised are met. Waters that are
continually connected by a permanent watercourse to other waters
must not be approved for aquatic farm use, except that connected
waters that are isolated from other waters may be licensed as a
single water body. Waters that are intermittently connected or
may become connected with other waters may be denied, or
screening or other measures may be required to prevent passage
of aquatic life. Listed waters may be changed on approval by
the area fisheries supervisor or the commissioner.
(c) The commissioner shall conduct an inspection of waters
to be licensed prior to approving or denying initial licensing
of the waters.
(d) Waters containing game fish of significant public value
may be denied licensing unless the applicant can demonstrate
exclusive riparian control.
(e) Waters containing game fish of significant public value
may be denied licensing unless the game fish of significant
public value are, at the commissioner's option, sold to the
licensee, removed for other state use by the department of
natural resources, or disposed of as provided in writing by the
commissioner.
(f) Waters licensed under an aquatic farm license may be
aerated during open water periods without a separate aeration
permit.
Sec. 9. Minnesota Statutes 1994, section 17.4984,
subdivision 7, is amended to read:
Subd. 7. [NONPUBLIC RECORDS.] (a) Licensees must keep
complete, up-to-date, nonpublic records of the operation of the
aquatic farm. The records must be kept remain available for at
least three years.
(b) The records must be in English and include the
following information:
(1) for each species acquired, the number and pounds of
fish or eggs acquired, names and addresses of the sources from
which acquired, and the dates of receipt;
(2) for each species sold or disposed of, the number and
pounds of fish sold or disposed of, the names and addresses of
the purchasers or persons to whom the conveyances are made, and
the dates of sale; and
(3) for fish sperm or viable eggs, the amount acquired or
sold, the names and addresses of the sources from which
acquired, the purchasers to whom conveyed, and the dates of
purchase or sale.
(c) On or before March 1 of each year, the licensee shall
submit a complete annual report on a form furnished by the
commissioner, covering the quantity of all species sold or
purchased in the preceding licensed year.
(d) An aquatic farmer shall maintain records for reasonable
inspection by the commissioner. Information on aquatic life
production, harvest, and sales is nonpublic information.
Sec. 10. Minnesota Statutes 1994, section 17.4985,
subdivision 2, is amended to read:
Subd. 2. [BILL OF LADING.] (a) A person may transport
aquatic life except salmonids or catfish with A completed
state-issued bill of lading is required for:
(1) intrastate transportation of aquatic life other than
salmonids and catfish between licensed private fish hatcheries,
aquatic farms, or aquarium facilities licensed for the same
species and of the proper classification for the aquatic
life being transported if the aquatic life is being transported
into a watershed where it is not currently present, if walleyes
whose original source is south of marked state highway No. 210
are being transported to a facility north of marked state
highway No. 210, or if the original source of the aquatic life
is outside Minnesota and contiguous states; and
(2) stocking of waters other than public waters with
aquatic life other than salmonids and catfish.
(b) When aquatic life is transported under paragraph (a), a
copy of the bill of lading must be submitted to the regional
fisheries manager at least 72 hours before the transportation.
(c) For transportation and stocking of waters that are not
public waters:
(1) a bill of lading must be submitted to the regional
fisheries manager 72 hours before transporting fish for
stocking;
(2) a bill of lading must be submitted to the regional
fisheries manager within five days after stocking if the waters
to be stocked are confirmed by telecopy or telephone prior to
stocking by the regional fisheries office not to be public
waters; or
(3) a completed bill of lading may be submitted to the
regional fisheries office by telecopy prior to transporting fish
for stocking. Confirmation that the waters to be stocked are
not public waters may be made by returning the bill of lading by
telecopy or in writing, in which cases additional copies need
not be submitted to the department of natural resources.
(d) Bill of lading forms may only be issued by the
department of natural resources in St. Paul, and new bill of
lading forms may not be issued until all previously issued forms
have been returned.
Sec. 11. Minnesota Statutes 1994, section 17.4985,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTIONS FOR TRANSPORTATION PERMITS AND BILLS
OF LADING.] (a) A state-issued bill of lading or transportation
permit is not required by an aquatic farm licensee for
importation, transportation, or export for the following:
(1) minnows taken under an aquatic farm license in this
state and transported intrastate;
(2) aquarium or ornamental fish including goldfish and
tropical, subtropical, and saltwater species that cannot survive
in the waters of the state, which may be imported or transported
if accompanied by shipping documents;
(3) fish or fish eggs that have been processed for use as
food, bait, or other purposes unrelated to fish propagation;
(4) live fish from a licensed aquatic farm, which may be
transported directly to an outlet for processing or for other
food purposes if accompanied by shipping documents;
(5) fish being exported if accompanied by shipping
documents;
(6) sucker eggs, sucker fry, or fathead minnows transported
intrastate for bait propagation or feeding of cultural aquatic
life;
(7) species of fish that are found within the state used in
connection with public shows, exhibits, demonstrations, or
fishing pools for periods not exceeding 14 days; or
(8) fish being transported through the state if accompanied
by shipping documents; or
(9) intrastate transportation of aquatic life between or
within licensed private fish hatcheries, aquatic farms, or
aquarium facilities licensed for the same species and of the
proper facility classification for the aquatic life being
transported, except where required in subdivision 2 and except
that salmonids and catfish may only be transferred or
transported intrastate without a transportation permit if they
had no record of bacterial kidney disease at the time they were
imported into the state and if the most recent they have had a
fish health inspection since importation within the preceding
year that has shown no certifiable diseases to be present.
Aquatic life being transferred between licensed private
fish hatcheries, aquatic farms, or aquarium facilities must be
accompanied by shipping documents and salmonids and catfish
being transferred or transported intrastate without a
transportation permit must be accompanied by a copy of their
most recent fish health inspection.
(b) Shipping documents required under paragraph (a) must
show the place of origin, owner or consignee, destination,
number, and species.
Sec. 12. Minnesota Statutes 1994, section 17.4986, is
amended to read:
17.4986 [IMPORTATION OF AQUATIC LIFE.]
Subdivision 1. [IMPORTATION AND STOCKING RESTRICTIONS.] A
person may not import fish into or stock fish in the state
without first obtaining a transportation permit with a disease
certification when required or a bill of lading from the
commissioner, unless the person is exempted.
Subd. 2. [LICENSED FACILITIES.] (a) The commissioner shall
issue transportation permits to import:
(1) indigenous and naturalized species except trout,
salmon, and catfish from any source to a standard facility;
(2) trout, salmon, and catfish from a nonemergency enzootic
disease area to a containment facility if the fish are certified
within the previous year to be free of certifiable diseases,
except that eggs with enteric redmouth, whirling disease, or
furunculosis may be imported following treatment approved by the
commissioner, and fish with bacterial kidney disease may be
imported into areas where the disease has been previously
introduced; and
(3) trout, salmon, and catfish from a facility in a
nonemergency enzootic disease area with a disease-free history
of three years or more to a standard facility, except that eggs
with enteric redmouth, whirling disease, or furunculosis may be
imported following treatment approved by the commissioner, and
fish with bacterial kidney disease may be imported into areas
where the disease has been previously introduced.
(b) If a source facility in a nonemergency enzootic disease
area cannot demonstrate a history free from disease, aquatic
life may only be imported into a quarantine facility.
Subd. 3. [EMERGENCY ENZOOTIC DISEASE AREA.] (a) Except as
otherwise provided and except that eggs with enteric redmouth,
whirling disease, or furunculosis may be imported following
treatment approved by the commissioner, and fish with bacterial
kidney disease may be imported into areas where the disease has
been previously introduced, fish may be imported from emergency
disease enzootic disease areas only as fertilized eggs under the
following conditions:
(1) to be imported into a standard facility, fertilized
eggs must have a disease-free history for at least five years;
(2) to be imported into a containment facility, fertilized
eggs must have a disease-free history for at least three years;
or
(3) to be imported into a quarantine facility, fertilized
eggs may have a disease-free history of less than three years.
(b) A hatchery inspection must occur at least once a year
and fish must have been tested for all certifiable diseases.
Fish health inspections under this subdivision must comply with
section 17.4982, subdivision 12.
Subd. 4. [DISEASE-FREE HISTORY.] Disease-free histories
required under this section must include the results of a fish
health inspection. When disease-free histories of more than one
year are required for importing salmonids or catfish, the
disease history must be of consecutive years that include the
year previous to, or the year of, the transportation request.
Sec. 13. Minnesota Statutes 1994, section 17.4988,
subdivision 2, is amended to read:
Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for
an aquatic farming license is $275.
(b) The aquatic farming license must may contain
endorsements for the rights and privileges of the following
licenses under the game and fish laws. The endorsement must be
made upon payment of the license fee prescribed in section
97A.475 for the following licenses:
(1) minnow dealer license;
(2) minnow retailer license for sale of minnows as bait;
(3) minnow exporting license;
(4) minnow dealer helper license;
(5) aquatic farm vehicle endorsement, which includes a
minnow dealer vehicle license, a minnow retailer vehicle
license, an exporting minnow hauler vehicle license, and a fish
vendor vehicle license;
(6) sucker egg taking license; and
(7) game fish packers license.
Sec. 14. Minnesota Statutes 1994, section 17.4988,
subdivision 4, is amended to read:
Subd. 4. [AQUARIUM FACILITY.] (a) A person may not operate
operating an a commercial aquarium facility without must have
an a commercial aquarium facility license issued by the
commissioner if the facility contains species of aquatic life
that are for sale and that are present in waters of the state.
The commissioner may require an aquarium facility license for
aquarium facilities importing or holding species of aquatic life
that are for sale and that are not present in Minnesota if those
species can survive in waters of the state. The fee for an
aquarium facility license is $15.
(b) Game fish transferred by an aquarium facility must be
accompanied by a receipt containing the information required on
a shipping document by section 17.4985, subdivision 3, paragraph
(b).
Sec. 15. Minnesota Statutes 1994, section 17.4991,
subdivision 3, is amended to read:
Subd. 3. [FISH HEALTH INSPECTION.] (a) An aquatic farm
propagating trout, salmon, or catfish and having an effluent
discharge from the aquatic farm into public waters must have an
annual a fish health inspection conducted at least once every 12
months by a certified fish health inspector. Testing must be
conducted according to approved laboratory methods.
(b) A health inspection fee must be charged based on each
lot of fish sampled. The fee by check or money order payable to
the department of natural resources must be prepaid or paid at
the time a bill or notice is received from the commissioner that
the inspection and processing of samples is completed.
(c) Upon receipt of payment and completion of inspection,
the commissioner shall notify the operator and issue a fish
health certificate. The certification must be made according to
the Fish Health Blue Book by a person certified as a fish health
inspector.
(d) All aquatic life in transit or held at transfer
stations within the state may be inspected by the commissioner.
This inspection may include the collection of stock for purposes
of pathological analysis. Sample size necessary for analysis
will follow guidelines listed in the Fish Health Blue Book.
(e) Salmonids and catfish must have a fish health
inspection before being transported from a containment facility,
unless the fish are being transported directly to an outlet for
processing or other food purposes or unless the commissioner
determines that an inspection is not needed. A fish health
inspection conducted for this purpose need only be done on the
lot or lots of fish that will be transported. The commissioner
must conduct a fish health inspection requested for this purpose
within five working days of receiving written notice. Salmonids
and catfish may be immediately transported from a containment
facility to another containment facility once a sample has been
obtained for a health inspection or once the five-day notice
period has expired.
Sec. 16. Minnesota Statutes 1994, section 17.4992,
subdivision 2, is amended to read:
Subd. 2. [RESTRICTION ON THE SALE OF GAME FISH.] (a)
Except as provided in paragraph (b), species of the family
salmonidae or ictaluridae, except bullheads, must be free of
certifiable diseases if sold for stocking or transfer to another
aquatic farm, except that.
(b) The following exceptions apply to paragraph (a):
(1) Eggs with enteric redmouth, whirling disease, or
furunculosis may be transferred between licensed facilities or
stocked following treatment approved by the commissioner, and.
(2) Fish with bacterial kidney disease may be
transferred between licensed facilities or stocked to in areas
where the disease has been previously introduced.
(3) The commissioner may allow transfer between licensed
facilities or stocking of fish with enteric redmouth or
furunculosis when the commissioner determines that doing so
would pose no threat to the state's aquatic resources.
Sec. 17. Minnesota Statutes 1994, section 17.4992,
subdivision 3, is amended to read:
Subd. 3. [ACQUISITION OF FISH FOR BROOD STOCK.] Game fish
brood stock may be sold to private fish hatcheries or aquatic
farms by the state at fair wholesale market value. As a
one-time purchase For brood stock development, up to 20 pair of
adults of each species requested may be provided to a licensee
once every three years, if available, by the state through
normal operations.
Sec. 18. Minnesota Statutes 1994, section 17.4993,
subdivision 1, is amended to read:
Subdivision 1. [TAKING FROM PUBLIC WATERS.] A licensee may
take minnow sperm, minnow eggs, and live minnows from public
waters for aquatic farm purposes under an aquatic farm license,
except that sucker eggs and sperm may only be taken with a
sucker egg license endorsement as provided by section 17.4994.
Sec. 19. [84.105] [WILD RICE SEASON.]
Ripe wild rice may be harvested from July 15 to September
30.
Sec. 20. Minnesota Statutes 1995 Supplement, section
84.788, subdivision 3, is amended to read:
Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application
for registration or continued registration must be made to the
commissioner or an authorized deputy registrar of motor vehicles
on a form prescribed by the commissioner. The form must state
the name and address of every owner of the off-highway
motorcycle and must be signed by at least one owner.
(b) A person who purchases from a retail dealer an
off-highway motorcycle that is intended to be operated on public
lands or waters shall make application for registration to the
dealer at the point of sale. The dealer shall issue a temporary
ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer shall submit the completed
registration applications and fees to the deputy registrar at
least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, a 60-day temporary receipt
and shall assign a registration number that must be affixed to
the motorcycle in a manner prescribed by the commissioner. A
dealer subject to paragraph (b) shall provide the registration
materials and temporary receipt to the purchaser within the
ten-day temporary permit period.
(d) The commissioner shall develop a registration system to
register vehicles under this section. A deputy registrar of
motor vehicles acting under section 168.33, is also a deputy
registrar of off-highway motorcycles. The commissioner of
natural resources in agreement with the commissioner of public
safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with
the accounting and procedural requirements. A fee of $2 in
addition to other fees prescribed by law is charged for each
off-highway motorcycle registered by:
(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
kept if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.
Sec. 21. Minnesota Statutes 1995 Supplement, section
84.922, subdivision 2, is amended to read:
Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application
for registration or continued registration shall be made to the
commissioner of natural resources, the commissioner of public
safety or an authorized deputy registrar of motor vehicles on a
form prescribed by the commissioner. The form must state the
name and address of every owner of the vehicle and be signed by
at least one owner.
(b) A person who purchases an all-terrain vehicle from a
retail dealer shall make application for registration to the
dealer at the point of sale. The dealer shall issue a temporary
ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer shall submit the completed
registration application and fees to the deputy registrar at
least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate fee
the commissioner or deputy registrar shall register the vehicle
issue to the applicant, or provide to the dealer, a 60-day
temporary receipt and shall assign a registration number that
must be affixed to the vehicle in a manner prescribed by the
commissioner. A dealer subject to paragraph (b) shall provide
the registration materials and temporary receipt to the
purchaser within the ten-day temporary permit period. The
commissioner shall use the snowmobile registration system to
register vehicles under this section.
(c) (d) Each deputy registrar of motor vehicles acting
under section 168.33, is also a deputy registrar of all-terrain
vehicles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements.
(d) (e) A fee of $2 in addition to other fees prescribed by
law shall be charged for each vehicle registered by:
(1) a deputy registrar and shall be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or
(2) the commissioner and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the
natural resources fund.
Sec. 22. Minnesota Statutes 1994, section 97A.015,
subdivision 20, is amended to read:
Subd. 20. [FIREARMS SAFETY CERTIFICATE.] "Firearms safety
certificate" means the certificate issued under section
97B.015 or an equivalent certificate issued by another state or
other evidence that meets with the requirements of section
97B.020.
Sec. 23. Minnesota Statutes 1994, section 97A.015, is
amended by adding a subdivision to read:
Subd. 25a. [GUARDIAN.] "Guardian" means a legal guardian
of a person under age 16, or a person 18 or older who has been
authorized by the parent or legal guardian to supervise the
person under age 16.
Sec. 24. Minnesota Statutes 1994, section 97A.401,
subdivision 4, is amended to read:
Subd. 4. [TAKING WILD ANIMALS FROM GAME REFUGES, WILDLIFE
MANAGEMENT, AND OTHER AREAS.] Special permits may be issued,
with or without a fee, to take a wild animal from game refuges,
wildlife management areas, state parks, controlled hunting
zones, and other areas of the state that the commissioner may
open for the taking of a wild animal during a special season or
subject to special restrictions. In addition, an application
fee may be charged for a special permit. Local units of
government may charge an administrative fee in connection with
special hunts under their jurisdiction. Fees to be collected
shall be based upon the estimated cost of conducting the special
season or administering the special restrictions.
Sec. 25. Minnesota Statutes 1994, section 97A.411,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in
paragraph (b), a license is valid during the lawful time within
the license year that the licensed activity may be performed. A
license year begins on the first day of March and ends on the
last day of February.
(b) A license issued under section 97A.475, subdivision 6,
clause (5), or section 97A.475, subdivision 7, clause (2), (3),
(5), or (6) is valid for the full license period even if this
period extends into the next license year, provided that the
license period selected by the licensee begins at the time of
issuance.
Sec. 26. Minnesota Statutes 1995 Supplement, section
97A.451, subdivision 3, is amended to read:
Subd. 3. [PERSONS RESIDENTS UNDER AGE 16; SMALL GAME.] (a)
A person resident under age 16 may not obtain a small game
license but may take small game by firearms or bow and arrow
without a license if the person is a resident is:
(1) age 14 or 15 and possesses a firearms safety
certificate;
(2) age 13, possesses a firearms safety certificate, and is
accompanied by a parent or guardian; or
(3) age 12 or under and is accompanied by a parent or
guardian.
(b) A resident under age 16 may take small game by trapping
without a small game license, but a resident 13 years of age or
older must have a trapping license. A resident under age 13 may
trap without a trapping license.
Sec. 27. Minnesota Statutes 1994, section 97A.451, is
amended by adding a subdivision to read:
Subd. 3a. [NONRESIDENTS UNDER AGE 16; SMALL GAME.] (a) A
nonresident under age 16 may obtain a small game license at the
resident fee if the nonresident:
(1) possesses a firearms safety certificate; or
(2) if age 13 or under, is accompanied by a parent or
guardian when purchasing the license.
(b) A nonresident age 13 or under must be accompanied by a
parent or guardian to take small game.
Sec. 28. Minnesota Statutes 1994, section 97A.455, is
amended to read:
97A.455 [NONRESIDENT STUDENTS; FISHING, SMALL GAME, AND
DEER BIG GAME.]
(a) A nonresident that is a full-time student at an
educational institution in the state and resides in the state
during the school year may obtain a resident license to take
fish or, small game, or big game, except moose, by providing
proof of student status and residence as prescribed by the
commissioner.
(b) A nonresident that is a full-time foreign exchange
student at a high school in the state and resides with persons
in the state may obtain a resident license to take deer by
archery big game, except moose, by providing proof of foreign
exchange student status as prescribed by the commissioner.
Sec. 29. Minnesota Statutes 1994, section 97A.475,
subdivision 30, is amended to read:
Subd. 30. [COMMERCIAL NETTING OF FISH IN INLAND WATERS.]
The fee for a license to net commercial fish in inland waters,
to be issued to residents and nonresidents, is $70 plus:
(1) for each hoop net pocket, $1;
(2) for each 1,000 feet of seine, $16.50; and
(3) for each helper's apprentice license, $5.50 $25.
Sec. 30. Minnesota Statutes 1994, section 97A.475,
subdivision 31, is amended to read:
Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE
WOODS.] The fee for a license to commercially net fish in Lake
of the Woods is:
(1) for each pound net or staked trap net, $49.50;
(2) for each fyke net, $11, plus $5 for each two-foot
segment, or fraction, of the wings or lead in excess of four
feet in height;
(3) for each 100 feet of gill net, $2.75;
(4) for each submerged trap net, $16.50; and
(5) for each helper's apprentice license, $16.50 $25.
Sec. 31. Minnesota Statutes 1994, section 97A.475,
subdivision 32, is amended to read:
Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The
fee for a license to commercially net fish in Rainy Lake is:
(1) for each pound net, $49.50;
(2) for each 100 feet of gill net, $2.75; and
(3) for each helper's apprentice license, $16.50 $25.
Sec. 32. Minnesota Statutes 1994, section 97A.475,
subdivision 33, is amended to read:
Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND
POINT LAKES.] The fee for a license to commercially net fish in
Namakan Lake and Sand Point Lake is:
(1) for each 100 feet of gill net, $1.75;
(2) for each pound, fyke, and submerged trap net, $16.50;
and
(3) for each helper's apprentice license, $5.50 $25.
Sec. 33. Minnesota Statutes 1994, section 97A.475,
subdivision 34, is amended to read:
Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN
THE MISSISSIPPI RIVER.] (a) The fee for a license to
commercially seine rough fish in the Mississippi river from St.
Anthony Falls to the St. Croix river junction is:
(1) for a seine not exceeding 500 feet, $27.50; or
(2) for a seine over 500 feet, $44, plus $2 for each 100
foot segment or fraction over 1,000 feet.
(b) The fee for each helper's apprentice license issued
under paragraph (a) is $5.50 $25.
Sec. 34. Minnesota Statutes 1994, section 97A.475,
subdivision 35, is amended to read:
Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN
BOUNDARY WATERS.] The fee for a license to commercially seine
fish in the boundary waters between Wisconsin and Minnesota from
Taylors Falls to the Iowa border is:
(1) for a seine not exceeding 500 feet, $27.50; or
(2) for a seine over 500 feet, $44, plus $2.50 for each 100
feet over 1,000 feet; and
(3) for each helper's apprentice license to be issued to
residents and nonresidents, $5.50, $25.
Sec. 35. Minnesota Statutes 1994, section 97A.475,
subdivision 36, is amended to read:
Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY
WATERS.] The fee for a license to commercially net in the
boundary waters between Wisconsin and Minnesota from Lake St.
Croix to the Iowa border is:
(1) for each gill net not exceeding 500 feet, $14.50;
(2) for each gill net over 500 feet, $27.50;
(3) for each fyke net and hoop net, $11;
(4) for each bait net, $1.75;
(5) for each turtle net, $1.75;
(6) for each set line identification tag, $14.50; and
(7) for each helper's apprentice license to be issued to
residents and nonresidents, $5.50, $25.
Sec. 36. Minnesota Statutes 1994, section 97A.475,
subdivision 37, is amended to read:
Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]
The fee for a license to commercially net fish in Lake Superior
is:
(1) for each gill net, $77 plus $2 for each 1,000 feet over
1,000 feet;
(2) for a pound or trap net, $77 plus $2 for each
additional pound or trap net; and
(3) for each helper's apprentice license, $5.50 $25.
Sec. 37. Minnesota Statutes 1994, section 97A.535, is
amended by adding a subdivision to read:
Subd. 2a. [QUARTERING OF DEER ALLOWED.] A deer that has
been tagged as required in subdivision 1 may be quartered at the
site of the kill. The animal's head must remain attached to one
of the quarters. The quarters must be presented together for
registration under subdivision 2 and must remain together until
the deer is processed for storage.
Sec. 38. Minnesota Statutes 1994, section 97B.021,
subdivision 1, is amended to read:
Subdivision 1. [RESTRICTIONS.] (a) Except as provided in
this subdivision, a person under the age of 16 may not possess a
firearm, unless accompanied by a parent or guardian.
(b) A person under age 16 may possess a firearm without
being accompanied by a parent or guardian:
(1) on land owned by, or occupied as the principal
residence of, the person or the person's parent or guardian;
(2) while participating in an organized target shooting
program with adult supervision;
(3) while the person is participating in a firearms safety
program or traveling to and from class; or
(4) if the person is age 14 or 15 and has a firearms safety
certificate.
(c) For purposes of this section a guardian is a legal
guardian or a person age 18 or older that has been authorized by
the parent or legal guardian to supervise the person under age
16.
Sec. 39. Minnesota Statutes 1994, section 97B.071, is
amended to read:
97B.071 [BLAZE ORANGE REQUIREMENTS.]
(a) Except as provided in rules adopted under paragraph
(b) (c), a person may not hunt or trap during the open season
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.
(b) Except as provided in rules adopted under paragraph
(c), and in addition to the requirement in paragraph (a), a
person may not take small game other than turkey, migratory
birds, raccoons, and predators, except when hunting with
nontoxic shot, unless a visible portion of at least one article
of the person's clothing above the waist is blaze orange.
(c) The commissioner may, by rule, prescribe an alternative
color in cases where paragraph (a) or (b) would violate the
Religious Freedom Restoration Act of 1993, Public Law Number
103-141.
(d) A violation of paragraph (b) shall not result in a
penalty, but is punishable only by a safety warning.
Sec. 40. Minnesota Statutes 1994, section 97B.311, is
amended to read:
97B.311 [DEER SEASONS AND RESTRICTIONS.]
(a) The commissioner may, by rule, prescribe restrictions
and designate areas where deer may be taken, including hunter
selection criteria for special hunts established under section
97A.401, subdivision 4. The commissioner may, by rule,
prescribe the open seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading
firearms, between November 1 and December 15;
(2) taking with muzzle-loading firearms between September 1
and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may
establish special seasons within designated areas between
September 1 and January 15.
Sec. 41. Minnesota Statutes 1994, section 97C.035,
subdivision 3, is amended to read:
Subd. 3. [TAKING OF FISH.] (a) The commissioner may, by
rule, authorize residents to take fish:
(1) in any quantity;
(2) in any manner, except by use of seines, hoop nets, fyke
nets, and explosives; and
(3) for personal use only, except rough fish may be sold.
(b) In an emergency The commissioner may authorize the
taking of fish without publishing the rule if by posting notice
is posted conspicuously along the shore of the waters and
publishing a news release in a newspaper of general circulation
in the area where the waters are located.
Sec. 42. Minnesota Statutes 1994, section 97C.203, is
amended to read:
97C.203 [DISPOSAL OF STATE HATCHERY EGGS OR FRY.]
The commissioner shall dispose of game fish eggs and fry
according to the following order of priorities:
(1) distribution of fish eggs and fry to state hatcheries
to hatch fry or raise fingerlings for stocking waters of the
state for recreational fishing; and
(2) transfer to other government agencies or private fish
hatcheries in exchange for fish to be stocked in waters of the
state for recreational fishing;
(3) sale of fish eggs and fry to private fish hatcheries or
licensed aquatic farms at a price not less than the fair
wholesale market value, established as the average price charged
at the state's private hatcheries and contiguous states per
volume rates; and
(4) transfer to other government agencies for fish
management and research purposes.
Sec. 43. Minnesota Statutes 1994, section 97C.205, is
amended to read:
97C.205 [RULES FOR TRANSPORTING AND STOCKING FISH.]
(a) The commissioner may adopt rules to regulate:
(1) the transportation of fish and fish eggs from one body
of water to another; and
(2) the stocking of waters with fish or fish eggs.
(b) The commissioner shall prescribe rules designed to
encourage local sporting organizations to propagate game fish by
using rearing ponds. The rules must:
(1) prescribe methods to acquire brood stock for the ponds
by seining public waters;
(2) allow the sporting organizations to own and use seines
and other necessary equipment; and
(3) prescribe methods for stocking the fish in public
waters that give priority to the needs of the community where
the fish are reared and the desires of the organization
operating the rearing pond.
(c) A person age 16 or under may, for purposes of display
in a home aquarium, transport largemouth bass, smallmouth bass,
yellow perch, rock bass, black crappie, white crappie, bluegill
pumpkinseed, green sunfish, orange spotted sunfish, and black,
yellow and brown bullheads taken by angling. No more than four
of each species may be transported at any one time, and any
individual fish can be no longer than ten inches in total length.
Sec. 44. Minnesota Statutes 1994, section 97C.305,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTION.] A trout and salmon stamp is not
required to take fish by angling or to possess trout and salmon
if:
(1) the person:
(i) possesses a license to take fish by angling for a
period of 24 hours from the time of issuance under section
97A.475, subdivision 6, clause (5), or subdivision 7, clause
(5);, and (2) the person
(ii) is taking fish by angling, or the trout or salmon were
taken by the person, during the period the license is valid; or
(2) the person is taking fish, or the trout or salmon were
taken by the person, as authorized under section 97C.035.
Sec. 45. Minnesota Statutes 1994, section 97C.411, is
amended to read:
97C.411 [STURGEON AND PADDLEFISH.]
Lake sturgeon, shovelnose sturgeon, and paddlefish may not
be taken, bought, sold, transported or possessed except as
provided by rule of the commissioner. The commissioner may only
allow the taking of these fish in waters that the state boundary
passes through except that a rule that applies and in
tributaries to the St. Croix river must also apply to its
tributaries.
Sec. 46. Minnesota Statutes 1994, section 97C.811,
subdivision 6, is amended to read:
Subd. 6. [LICENSE INVALIDATION.] (a) A license to take
commercial fish is void upon:
(1) the licensee's death;
(2) sale of the commercial fishing business cessation of
commercial fishing operations within an assigned area, except as
provided by paragraph (c);
(3) removal of the commercial fishing business from the
state;
(4) conviction of two or more violations of inland
commercial fishing laws within a license period; or
(5) (4) failure to apply for a new or renewal license prior
to June 15 of any year.
(b) A commercial inland fishing license is not subject to
the license revocation provisions of section 97A.421.
Commercial fishing rights and area assignments covered by a
license that becomes void reverts to the commissioner for
reassignment.
(c) A person possessing a valid inland commercial fishing
license may apply to the commissioner for transfer of an
assigned commercial fishing area to another person. Upon
receipt of the application, the commissioner shall notify the
applicant that the application for transfer has been received
and shall determine if other people are interested in the
assigned area by:
(1) notifying the inland commercial fish trade association
in writing; and
(2) publishing notice in a newspaper of general circulation
in the vicinity of the assigned area.
These notices must allow interested persons 30 days to notify
the commissioner of their interest in the assigned area. Within
60 days after publishing notice, the commissioner shall review
the qualifications of all interested persons and approve or deny
the transfer based on the criteria in section 97C.815,
subdivision 2. If the transfer is denied, the licensee may
retain the license or request that it become void.
Sec. 47. Minnesota Statutes 1994, section 97C.815,
subdivision 4, is amended to read:
Subd. 4. [INLAND COMMERCIAL FISHING TRADE ASSOCIATION;
LICENSE PROBLEMS.] The commissioner shall consult with
representatives of the inland commercial fishing trade
association when disagreements arise in the areas of license
issuance, problems with performance pursuant to the license,
transfers of licenses, area assignments, and the entry of new
commercial fishing operators into the inland commercial fishery.
Sec. 48. Minnesota Statutes 1994, section 97C.835,
subdivision 1, is amended to read:
Subdivision 1. [COMMERCIAL FISHING LICENSE FOR LAKE
SUPERIOR.] (a) A license to fish commercially in Lake Superior
shall be issued only to a resident who possesses 5,000 feet of
gill net of mesh sizes permitted in subdivisions 4 and 5 or two
pound nets, has maximum of 50 residents. To qualify for
licensing, a resident must have landed fish in the previous year
with a value of at least $1,500, except for those state waters
from Duluth to Silver Bay upon the discretion of the
commissioner, and has must have engaged in commercial fishing
for at least 50 30 days of the previous year. An applicant
shall be issued a license without meeting these requirements if
the applicant is 65 or more years of age and has held a license
continuously since 1947. An applicant may be issued a license,
at the discretion of the commissioner, if failure to meet these
the requirements for the dollar value of fish landed or number
of days fished resulted from illness or other mitigating
circumstances, or the applicant has reached the age of 65 and
has been licensed at least ten five of the previous 15 ten
years. Persons receiving licenses under these provisions for
applicants 65 years of age or more must be in attendance at the
setting and lifting of nets. The commissioner may issue
multiple licenses to individuals who meet these requirements and
have held multiple licenses prior to 1978.
(b) A license may be issued to a resident who has not
previously fished commercially on Lake Superior and has not been
convicted of a game and fish law violation in the preceding
three years, if the applicant:
(1) shows a bill of sale indicating the purchase of gear
and facilities connected with an existing license;
(2) shows proof of inheritance of all the gear and
facilities connected with an existing license; or
(3) has served at least two years as a helper an apprentice
in a Minnesota Lake Superior licensed commercial fishing
operation.
Sec. 49. Minnesota Statutes 1994, section 97C.835,
subdivision 5, is amended to read:
Subd. 5. [GILL NETS; CISCOES.] Gill nets for taking
ciscoes and chubs may not be less than 2-1/4 inch extension
measure mesh and may not exceed 2-3/4 inch extension measure
mesh except that smaller or larger mesh sizes may be used under
a permit issued by the commissioner.
Sec. 50. Minnesota Statutes 1994, section 97C.841, is
amended to read:
97C.841 [HELPER'S APPRENTICE LICENSE.]
A person assisting the holder of a master's license, in
with a commercial fishing license may list one person as an
apprentice on the license. A person acting as an apprentice for
a commercial fishing licensee must have an apprentice license.
The commercial fishing licensee or the apprentice listed on the
license must be present at all commercial fishing operations
including going to and from fishing locations, or in setting or
lifting nets, or removing fish from nets, must have a helper's
license, unless the person is the holder of a master's license.
A person possessing an angling license may assist the holder of
a master's or apprentice license in going to and from fishing
locations, or in setting or lifting nets, or removing fish from
nets.
A helper's An apprentice license is transferable from one
helper to another by the holder of a master's license applying
to the commissioner.
Sec. 51. Laws 1995, chapter 220, section 137, is amended
to read:
Sec. 137. [PUBLIC INPUT; REPORT.]
The commissioner of natural resources shall seek public
input and comment on sections section 135 and 136. By March 1,
1996, 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. 52. Laws 1995, chapter 238, section 1, subdivision 2,
is amended to read.
Subd. 2. [AUTHORIZATION.] Notwithstanding Minnesota
Statutes, section 103F.215, the counties of Crow Wing, Hubbard,
Cass, and Morrison may allow the sale or transfer, as a separate
parcel, of a lot within shoreland, as defined in Minnesota
Statutes, section 103F.205, subdivision 4, that:
(1) is located wholly within the Mississippi headwaters
corridor, as identified in the plan, or is located anywhere
within Crow Wing, Hubbard, Cass, or Morrison county;
(2) is one of a group of two or more contiguous lots that
have been under the same common ownership since July 1, 1981;
and
(3) does not meet the residential lot size requirements in
the model standards and criteria adopted by the commissioner of
natural resources under Minnesota Statutes, section 103F.211.
Sec. 53. [PUBLIC INPUT; REPORT.]
The commissioner of natural resources shall seek public
input and comments on the allowance to take antlered deer in
more than one zone, and whether the license issued under
Minnesota Statutes, section 97A.475, subdivision 2, clause (9),
shall be extended to archery and muzzle-loader hunters at no
additional fee. The commissioner must deliver a report on the
public input to the house and senate policy committees by March
1, 1997.
Sec. 54. [SALE OF STATE WILDLIFE LAND IN WASHINGTON
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and
94.10, and the public hearing requirement in Minnesota Statutes,
section 97A.135, subdivision 2a, the commissioner of natural
resources may sell land in a wildlife management area, described
in this section, by private sale for a consideration not less
than the appraised value, in accordance with the remaining
provisions of Minnesota Statutes, chapter 94, and section
97A.135.
(b) The conveyance shall be in a form approved by the
attorney general.
(c) The deed must contain a restrictive covenant that
prohibits the placement or construction of additional buildings
or structures, including corrals and animal shelters or pens, on
the property conveyed in this section. The cost for
constructing and maintaining any fencing on the property to be
conveyed shall be the sole responsibility of the purchaser.
(d) The land that may be sold is in the Hardwood Creek
wildlife management area in Washington County and is described
as: the South 487 feet of the North 520 feet of the West 770
feet of the Northwest Quarter of the Southeast Quarter (NW 1/4
SE 1/4), Section Twenty-seven (27), Township Thirty-two (32)
North, Range Twenty-one (21) West EXCEPT the North 440 feet of
the West 650 feet of said NW 1/4 SE 1/4.
(e) The conveyance in this section will provide the
adjacent landowner with a buffer between the landowner's
buildings and public hunting activities on the adjacent wildlife
area that surrounds the site and eliminate a problem with a
portion of the landowner's barn that lies on the existing state
property.
Sec. 55. [LAKE COUNTY LAND SALES RATIFIED.]
(a) Notwithstanding Minnesota Statutes, section 373.01, the
conveyances by Lake county, Minnesota, of the following county
fee lands are hereby ratified:
(1) one parcel of land sold October 29, 1993, by Lake
county, Minnesota, to Darrel and Harriet Kempffer, being a
five-acre county fee parcel of land described as the North
One-half of the West One-half (N 1/2 of W 1/2) of the West
One-half (W 1/2) of the Northwest Quarter of the Northwest
Quarter (NW 1/4 of NW 1/4), Section Two (2), Township Fifty-two
(52) North, Range Eleven (11) West, Lake county, Minnesota,
constituting five acres;
(2) four parcels of land sold July 18, 1994, by Lake
county, Minnesota, described as:
(i) Lot One (1), Five Mile Hill Plat, Lake county,
Minnesota, sold to Diane Cullen;
(ii) Lot Four (4), Five Mile Hill Plat, Lake county,
Minnesota, sold to Thomas Muehlburger;
(iii) Lot Seven (7), Five Mile Hill Plat, Lake county,
Minnesota, sold to Thomas Muehlburger;
(iv) Lot Six (6), Five Mile Hill Plat, Lake county,
Minnesota, sold to John McClellan;
(3) four parcels of land sold October 7, 1994, by Lake
county, Knife River, Minnesota, described as:
(i) Lot One (1), Granite Point Plat, Lake county,
Minnesota, sold to Tim Stoddart;
(ii) Lot Two (2), Granite Point Plat, Lake county,
Minnesota, sold to Tim Stoddart;
(iii) Lot Three (3), Granite Point Plat, Lake county,
Minnesota, sold to Lee Jensen;
(iv) Lot Four (4), Granite Point Plat, Lake county,
Minnesota, sold to Lee Jensen; and
(4) a parcel of land sold July 21, 1995, by Lake county,
Minnesota, described as:
The East Two Hundred Eight and 7/10 (E.208.7) feet of the
West Eight Hundred Thirty-four and 8/10 (W.834.8) of the South
Two Hundred Forty-two (S.242) feet of the South One-half (S 1/2)
of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW
1/4), Section Five (5), Township Fifty-nine (59) North, Range
Eight (8) West, Stony River Township, Lake county, sold to
Dorothy Johnson.
(b) Through an error, the sales of the lands described in
paragraph (a) were conducted using the procedure for public
sales of tax-forfeited lands rather than the applicable public
sale procedure in Minnesota Statutes, section 373.01.
Sec. 56. [PERSONAL FLOTATION DEVICE RULES; VIOLATIONS.]
A violation prior to May 1, 1997, of requirements added in
the proposed rule published in the State Register, Volume 19,
Number 45, pages 2207 to 2210, May 8, 1995, and subsequently
adopted on October 2, 1995, shall not result in a penalty, but
is punishable only by a safety warning.
Sec. 57. [REPEALER.]
Minnesota Statutes 1994, sections 84.09 and 84.14; and Laws
1995, chapter 220, section 136, are repealed.
Sec. 58. [INSTRUCTION TO REVISOR.]
In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B and insert the reference in column C. The references in
column C may be changed by the revisor to the section of
Minnesota Statutes in which the bill sections are compiled.
Column A Column B Column C
84.42 84.09 84.091
97A.025 84.09 84.091
97A.065 84.09 84.091
Sec. 59. [EFFECTIVE DATE.]
Sections 52 and 56 are effective the day following final
enactment.
Presented to the governor March 30, 1996
Signed by the governor April 2, 1996, 12:43 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes