Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 495-H.F.No. 3516
An act relating to natural resources; allowing
expenditure of appropriated money for certain seminars
and conferences; clarifying certain prohibitions
related to the operation of snowmobiles, all-terrain
vehicles, and motorboats; modifying composition of the
outdoor recreation system; modifying disposition of
certain receipts; designating a migratory waterfowl
refuge; modifying certain rulemaking authority;
eliminating trawling fees; providing for acquisition
of critical aquatic habitat; modifying commissioner's
authority to remove rough fish; modifying minnow
retailer and turtle license provisions; clarifying
forfeiture procedure; modifying mineral land
provisions; increasing project amount for security in
place of bonds; granting legislative approval for
certain water usage; providing for replacement
firearms deer licenses; making the experimental
two-deer license in certain counties permanent;
modifying moose and turkey separate selection
processes; authorizing certain expenditures relating
to emergency firefighting; clarifying restrictions for
certain motorboat operators; modifying certain fee
setting authority of the commissioner of natural
resources; appropriating money; amending Minnesota
Statutes 1998, sections 9.071; 84.925, subdivision 1;
86A.04; 86B.331, subdivision 1; 88.12, subdivision 2;
93.05; 93.055; 93.14; 93.15; 93.16; 93.17; 93.193,
subdivision 1; 93.21; 93.22; 93.25, subdivisions 1 and
2; 93.26; 93.27; 93.28; 93.285, subdivisions 2 and 3;
93.335, subdivision 1; 93.43; 97A.095, by adding a
subdivision; 97A.405, by adding a subdivision;
97A.431, subdivision 4; 97A.435, subdivision 4;
97A.475, subdivision 30, and by adding a subdivision;
97B.015, subdivisions 2 and 4; 97B.301, subdivision 4;
97C.041; 97C.501, subdivisions 1 and 2; and 97C.605,
subdivisions 1 and 2; Minnesota Statutes 1999
Supplement, sections 84.86, subdivision 1; 84.91,
subdivision 1; 97A.065, subdivision 2; 97B.025;
169.1217, subdivision 7a; 290.431; 290.432; and
574.264, subdivision 1; Laws 1999, chapter 231,
section 5, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapters 84; 93; and 97C;
repealing Minnesota Statutes 1998, sections 93.07;
93.08; 93.09; 93.10; 93.11; 93.12; 93.13; 93.18;
93.19; 93.191; 93.192; 93.202; 93.23; 93.24; 93.283;
93.285, subdivisions 4 and 5; 93.30; 93.31; 93.32;
93.335, subdivisions 4 and 5; 93.34, subdivisions 1
and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 93.356;
93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 9.071, is
amended to read:
9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.]
The council has the powers with respect to the:
(1) timberlands provided in sections 90.031, 90.041, and
90.151;
(2) lands acquired from the United States provided in
section 94.50;
(3) lands subject to delinquent drainage assessments
provided in section 84A.20;
(4) transfer of lands between departments of state
government provided in section 15.16;
(5) sale or exchange of lands within national forests
provided in sections 92.30 and 92.31;
(6) approval of acquisition of land for camping or parking
area provided in sections 97A.135 and 97A.141;
(7) modification of iron leases provided in section 93.191;
(8) awarding permits leases to prospect for iron ore
provided in section 93.17;
(9) (8) approval of rules for issuance of permits leases to
prospect for minerals under state lands provided in
section 93.08 93.25; and
(10) (9) construction of dams provided in section 103G.545.
Sec. 2. [84.0846] [NATURAL RESOURCE SEMINARS AND
CONFERENCES.]
The commissioner of natural resources may advance funds
appropriated for natural resource programs to government
agencies, the National Fish and Wildlife Foundation, federally
recognized Indian tribes and bands, colleges and universities,
and nonprofit organizations deemed by the commissioner to be
dedicated to the goals and objectives of the department for the
purpose of sponsoring or cosponsoring conferences and seminars
related to natural resources issues and management. The
commissioner shall execute grants or contracts with the
responsible parties under section 16C.05 prior to advancing any
state funds and the agreements must provide for a full
accounting of how the state's funds will be spent.
Sec. 3. Minnesota Statutes 1999 Supplement, section 84.86,
subdivision 1, is amended to read:
Subdivision 1. With a view of achieving maximum use of
snowmobiles consistent with protection of the environment the
commissioner of natural resources shall adopt rules in the
manner provided by chapter 14, for the following purposes:
(1) Registration of snowmobiles and display of registration
numbers.
(2) Use of snowmobiles insofar as game and fish resources
are affected.
(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety
education and training program, including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators, and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile
safety education and training course. For the purpose of
administering such program and to defray expenses of training
and certifying snowmobile operators, the commissioner shall
collect a fee from each person who receives the youth and young
adult training or the adult training. The commissioner shall
establish a fee that neither significantly over-recovers nor
under-recovers costs, including overhead costs, involved in
providing the services. The fee is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The commissioner shall deposit the fee fees must be
deposited in the snowmobile trails and enforcement account and
the amount thereof is appropriated annually to the commissioner
enforcement division of the department of natural resources for
the administration of such programs. In addition to the fee
established by the commissioner, instructors may charge each
person up to the established fee amount for class materials and
expenses. The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this clause. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $500 or more, shall forward a written report of the
accident to the commissioner on such form as the commissioner
shall prescribe. If the operator is killed or is unable to file
a report due to incapacitation, any peace officer investigating
the accident shall file the accident report within ten business
days.
Sec. 4. Minnesota Statutes 1999 Supplement, section 84.91,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other
person having charge or control of any snowmobile or all-terrain
vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol
or a controlled substance or other substance to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.
(b) No owner or other person having charge or control of
any snowmobile or all-terrain vehicle shall knowingly authorize
or permit any person, who by reason of any physical or mental
disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state is subject to
sections 169.121 to 169.1218 and 169.123 to 169.129. In
addition to the applicable sanctions under chapter 169, a person
who is convicted of violating section 169.121 or an ordinance in
conformity with it while operating a snowmobile or all-terrain
vehicle, or who refuses to comply with a lawful request to
submit to testing under section 169.123 or an ordinance in
conformity with it, shall be prohibited from operating the
snowmobile or all-terrain vehicle for a period of one year. The
commissioner shall notify the convicted person of the time
period during which the person is prohibited from operating a
snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as
defined in section 169.121, subdivision 3. Otherwise,
administrative and judicial review of the prohibition is
governed by section 169.123.
(e) The court shall promptly forward to the commissioner
and the department of public safety copies of all convictions
and criminal and civil sanctions imposed under this section and
chapter 169 relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from
operating a vehicle under paragraph (c) is guilty of a
misdemeanor.
Sec. 5. Minnesota Statutes 1998, section 84.925,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner
shall establish a comprehensive all-terrain vehicle
environmental and safety education and training program,
including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
all-terrain vehicle operators, and the issuance of all-terrain
vehicle safety certificates to vehicle operators over the age of
12 years who successfully complete the all-terrain vehicle
environmental and safety education and training course.
(b) For the purpose of administering the program and to
defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of not
to exceed $5 from each person who receives the training and
shall deposit the fee in the all-terrain vehicle account. The
commissioner shall establish a fee that neither significantly
over recovers nor under recovers costs, including overhead
costs, involved in providing the services. The fee is not
subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. The fees shall be deposited in the
all-terrain vehicle account and the amount thereof is
appropriated annually to the enforcement division of the
department of natural resources for the administration of the
program. In addition to the fee established by the
commissioner, instructors may charge each person up to the
established fee amount for class materials and expenses.
(c) The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this section. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of vehicle operators.
Sec. 6. Minnesota Statutes 1998, section 86A.04, is
amended to read:
86A.04 [COMPOSITION OF SYSTEM.]
The outdoor recreation system shall consist of all state
parks; state recreation areas; state trails established pursuant
to sections 84.029, subdivision 2, and 85.015; state scientific
and natural areas; state wilderness areas; state forests; state
wildlife management areas; state water access sites, which
include all lands and facilities established by the commissioner
of natural resources or the commissioner of transportation to
provide public access to water; state wild, scenic, and
recreational rivers; state historic sites; and state rest areas,
which include all facilities established by the commissioner of
transportation for the safety, rest, comfort and use of the
highway traveler, and shall include all existing facilities
designated as rest areas and waysides by the commissioner of
transportation; and any other units not listed in this section
that are classified under section 86A.05. Each individual state
park, state recreation area, and so forth is called a "unit."
Sec. 7. Minnesota Statutes 1998, section 86B.331,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) An owner or other
person having charge or control of a motorboat may not authorize
or allow an individual the person knows or has reason to believe
is under the influence of alcohol or a controlled or other
substance to operate the motorboat in operation on the waters of
this state.
(b) An owner or other person having charge or control of a
motorboat may not knowingly authorize or allow a person, who by
reason of a physical or mental disability is incapable of
operating the motorboat, to operate the motorboat in operation
on the waters of this state.
(c) A person who operates or is in physical control of a
motorboat on the waters of this state is subject to sections
169.121 to 169.1218 and 169.123 to 169.129. In addition to the
applicable sanctions under chapter 169, a person who is
convicted of violating section 169.121 or an ordinance in
conformity with it while operating a motorboat, shall be
prohibited from operating the motorboat on the waters of this
state for a period of 90 days between May 1 and October 31,
extending over two consecutive years if necessary. If the
person operating the motorboat refuses to comply with a lawful
demand to submit to testing under section 169.123 or an
ordinance in conformity with it, the person shall be prohibited
from operating the motorboat for a period of one year. The
commissioner shall notify the convicted person of the period
during which the person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivision 7 to 9, if the person does not have a prior impaired
driving conviction or prior license revocation, as defined in
section 169.121, subdivision 3. Otherwise, administrative and
judicial review of the prohibition is governed by section
169.123.
(e) The court shall promptly forward to the commissioner
and the department of public safety copies of all convictions
and criminal and civil sanctions imposed under this section and
chapter 169 relating to motorboats.
(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor.
(g) For purposes of this subdivision, a motorboat "in
operation" does not include a motorboat that is anchored,
beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by
other than mechanical means.
Sec. 8. Minnesota Statutes 1998, section 88.12,
subdivision 2, is amended to read:
Subd. 2. [CONTRACTS FOR SERVICES FOR FORESTRY OR WILDFIRE
PREVENTION WORK; COMMISSIONS TO PERSONS EMPLOYED.] The
commissioner is hereby authorized and empowered to contract for
or accept the services of any and all persons whose aid is
available, temporarily or otherwise, in forestry or wildfire
prevention work, either gratuitously or for compensation not in
excess of the limits provided by law with respect to the
employment of labor by the commissioner. At the request of
another emergency response agency, trained forestry wildfire
fighting resources may be used to support search and rescue
operations. The commissioner may issue a commission, or other
written evidence of authority, to any such person whose services
are so arranged for; and may thereby empower such person to act,
temporarily or otherwise, as fire warden, or in any other
capacity, with such powers and duties as may be specified in the
commission or other written evidence of authority, but not in
excess of the powers conferred by law on forest officers.
Sec. 9. Minnesota Statutes 1998, section 93.05, is amended
to read:
93.05 [HOLDER OF PERMIT OR LEASE.]
Subdivision 1. [RIGHT OF ENTRY.] In all cases where state
lands have been heretofore or may hereafter be sold pursuant to
the provisions of law upon which minerals have been reserved,
the holder of any mineral permit or lease subsequently issued
thereon may nevertheless enter upon the same lands and prospect
thereon thereunder on the lands under the lease.
Subd. 2. [SECURITY FOR DAMAGES; CONDEMNATION.] Before
entering upon the same lands described in subdivision 1, the
permit or lease holder shall pay or secure to the owner of the
lands all damages which may arise therefrom and the same may be
determined either by mutual agreement or, if the interested
parties cannot agree, then the holder of the mineral permit or
lease may, in the name of the state of Minnesota, institute
proceedings to condemn the same in accordance with the general
provisions of according to chapter 117; provided, that the state
shall bear no part of the cost of these proceedings, nor pay any
part of the damages awarded therein in the proceedings.
Subd. 3. [ATTORNEY GENERAL TO INSTITUTE CONDEMNATION.] (a)
Upon written request of the holder of any mineral prospecting
permit or mineral lease from the state, not in default, with the
approval of the commissioner of natural resources, the attorney
general shall institute, in the name of the state, proceedings
to acquire by condemnation any lands, rights-of-way, drainage or
flowage rights, easements or other interests necessary in
connection with prospecting for or mining the ore covered by
such permit or the lease. All costs and expenses of such the
proceedings and all damages awarded therein shall be paid by the
holder of the permit or lease.
(b) In any eminent domain proceedings hereunder under this
section, any value which the land taken may have by reason of
its location or availability for the depositing of stripping,
tailings or other wastes from general mining operations in its
vicinity, or for the erection of buildings or structures thereon
in connection with such operations, shall be considered in
determining the damages to be awarded the owner thereof of the
land.
Sec. 10. Minnesota Statutes 1998, section 93.055, is
amended to read:
93.055 [ACTION TO QUIET TITLE TO LANDS COVERED BY MINERAL
PERMIT OR LEASE.]
Upon written request of the holder of any mineral
prospecting permit or mineral lease from the state, not in
default, with the approval of the commissioner of natural
resources, the attorney general may institute proceedings to
quiet the title and determine adverse claims or to register the
title of the state to the lands or interests covered by the
permit or lease. All costs and expenses of such the proceedings
including compensation of attorneys for the state shall be paid
by the holder of the permit or lease. Upon receipt of such
request from the holder of a prospecting permit, if approved by
the commissioner of natural resources, and if such action is
authorized by the attorney general, the running of the time
within which the permit holder must begin prospecting thereunder
and the time within which the permit holder must apply for a
lease or do any other act required by the permit shall be
suspended until the entry of final judgment in the action, and
the term of the permit and the time required for any action by
the holder thereunder shall be extended by a period equivalent
to the time from the receipt of the request to the entry of the
judgment.
Sec. 11. Minnesota Statutes 1998, section 93.14, is
amended to read:
93.14 [ISSUANCE OF PERMITS LEASES TO PROSPECT FOR ORES;
LEASES.]
The commissioner may execute permits leases to prospect for
iron ore and other ores upon lands belonging to the state or in
which the state has an interest and leases for the mining of
such the ores, subject to the conditions provided in sections
93.15 to 93.28.
Sec. 12. Minnesota Statutes 1998, section 93.15, is
amended to read:
93.15 [MINING UNITS; DESIGNATION; AREA.]
Subdivision 1. [DESIGNATION OF MINING UNITS.] (a) The
commissioner of natural resources may designate any lands
belonging to the state and the beds of any waters belonging to
the state or any lands in which the state has an interest as
mining units and may rearrange or modify such the mining units
from time to time, subject to the limitations herein prescribed
of this section.
(b) No mining unit shall contain lands belonging to more
than one permanent trust fund, except mining units leased under
section 93.25.
(c) Lands which have been sold by the state and are in use
as part of the site of a plant for the production of taconite
concentrates shall not be designated as mining units. Each
mining unit shall consist of a contiguous tract not exceeding 80
acres in area except as follows:
(1) An area not exceeding 90 acres consisting of or
including one or more government lots or fractional or oversized
subdivisions according to the government survey may be included
in one mining unit.
(2) An area of any size which has been covered by a state
mining lease or contract heretofore issued and heretofore or
hereafter terminated may be included in one mining unit.
(3) An area of any size within the bed of any public waters
belonging to the state may be included in one mining unit.
Subd. 2. [LIST OF MINING UNITS.] The commissioner shall
prepare and keep on file in the office of the division of lands
and minerals of the department of natural resources and at such
other places as the commissioner may direct a list of the mining
units designated hereunder under this section, giving the
descriptions thereof of the mining units and such other
information as the commissioner deems necessary. In case the
commissioner shall prescribe special conditions to be included
in a prospecting permit or lease for any mining unit as
authorized by law, a statement of such the conditions shall be
included with the designation of such the unit in the list.
Subd. 3. [ONE MINING UNIT PER LEASE.] Except as otherwise
expressly provided by law, each prospecting permit or mining
lease shall cover only one entire mining unit designated as
herein provided, and the designation of a mining unit in force
at the time an application for a prospecting permit therefor is
received by the commissioner according to law shall govern and
shall remain unchanged for the purposes of such permit or any
lease issued pursuant thereto under this section.
Sec. 13. Minnesota Statutes 1998, section 93.16, is
amended to read:
93.16 [PERMITS LEASES; SALE, NOTICE.]
(a) Except as otherwise expressly provided by law,
prospecting permits leases for iron ore or other minerals
belonging to the state shall be issued only upon public sale as
herein provided under this section.
(b) The sale of permits may leases shall be held at such
times and places as designated by the commissioner.
(c) The commissioner shall give public notice of intent to
hold a public sale by publication in the State Register, the EQB
Monitor, and such other publications as the commissioner may
direct at least 90 days prior to the proposed date of sale.
(d) The commissioner shall give public notice of each sale
by publication for three successive weeks in a daily
newspaper that has its known office of issue in the county seat
of the county in which the mining units to be leased are located
and in a daily newspaper printed and published in each of the
cities of St. Paul, Minneapolis, Duluth, Hibbing, and Virginia.
If no newspaper has its known office of issue in the county seat
of a particular county, the commissioner shall publish notice in
the newspaper designated as the publisher of the official
proceedings of the county board of that county. The last first
publication shall be not less than seven days nor more than at
least 30 days before the date of sale. Like notice The public
notice of sale shall also be published in the State Register and
the EQB Monitor at least 30 days before the date of sale and may
be published in not to exceed two additional newspapers and two
trade magazines, as the commissioner may direct.
(e) Each notice shall contain the following information:
(1) time and place of holding the sale;
(2) The general requirements of law affecting bidders and
purchasers of permits;
(3) the place or places where the list of mining units, to
be offered for sale will be available for inspection and where
forms for bids and applications for prospecting permits leases
may be obtained; and
(4) (3) such other information as the commissioner may
direct.
Sec. 14. Minnesota Statutes 1998, section 93.17, is
amended to read:
93.17 [APPLICATION FOR PERMITS LEASES; BIDS; AWARDS.]
Subdivision 1. [LEASE APPLICATION.] (a) Applications for
permits leases to prospect for iron ore shall be presented to
the commissioner in writing in such form as the commissioner may
prescribe at any time before 4:30 p.m., St. Paul, Minnesota
time, on the last business day before the day specified for the
opening of bids, and no bids submitted after that time shall be
considered. The application shall be accompanied by a certified
check, cashier's check, or bank money order payable to the state
treasurer department of natural resources in the sum of $50 $100
for each mining unit as set out above.
(b) Each application shall be accompanied also by a sealed
bid setting forth the amount of royalty per gross ton of crude
ore based upon the iron content of the ore when dried at 212
degrees Fahrenheit, in its natural condition or when
concentrated, as set out in detail hereafter section 93.20,
subdivisions 12 to 18, that the applicant proposes to pay to the
state of Minnesota in case the permit lease shall be awarded.
Subd. 2. [BID REQUIREMENTS.] (a) Whenever a bid on any
mining unit exceeds the minimums prescribed in section 93.20,
the bidder shall offer a uniform amount above the minimums on
all schedules unless the mining unit is expressly excepted from
this requirement by the commissioner of natural resources by so
specifying in the list of lands and mining units.
A separate sealed bid shall be required for each mining
unit as established by the commissioner covered by the
application, and shall be accompanied by a certified check made
payable to the state treasurer in the sum of $200 as a guarantee
that the applicant will carry out and perform in good faith all
the covenants set out in the permit.
(b) The envelope containing each bid shall be plainly
marked on the outside showing the date of application, date
received by the commissioner, and the name of the applicant.
The commissioner shall endorse upon each application and sealed
bid the exact time of presentation and preserve the same
unopened in the commissioner's office.
Subd. 3. [BID ACCEPTANCE.] (a) At the time and place fixed
for the sale, the commissioner shall publicly announce the
number of applications and bids received. The commissioner,
together with at least one member of the executive council as
designated by the council, shall then publicly open the bids and
announce the amount of each bid separately. Thereafter, the
commissioner, together with the executive council, shall award
the permits leases to the highest bidders for the respective
mining units, but no bids shall be accepted that shall do not
equal or exceed the minimum amounts provided for in section
93.20, nor shall any bid be accepted that shall does not comply
with the law and be accompanied by a certified check for the
faithful performance of the terms of each permit as hereinbefore
set out. The right is reserved to the state to reject any and
all bids.
(b) All applications for permits leases and bids not
accepted at such the sale shall become void at the close of the
sale and the checks payment accompanying the applications and
bids shall be returned to the applicants entitled to them.
(c) Upon the award of a permit lease, the certified check
payment submitted with the application as provided by
subdivision 1, shall be deposited with the state treasurer as a
fee for the permit, to be credited to the same fund as the
rental or royalty from the mining unit affected, and the
certified check submitted with the bid as provided by
subdivision 2, shall be deposited with the state treasurer and
held for further disposition as provided by law lease.
Sec. 15. [93.1925] [NEGOTIATED LEASES.]
Subdivision 1. [CONDITIONS REQUIRED.] When the
commissioner finds that the best interests of the state will be
served and the circumstances in clause (1), (2), or (3) exist,
the commissioner, with the approval of the executive council,
may issue an iron ore or taconite iron ore mining lease through
negotiations to an applicant. A lease may be issued through
negotiations under any of the following circumstances:
(1) the state taconite iron ore is adjacent to taconite
iron ore owned or leased for mining purposes by the applicant
and the commissioner finds that it is impracticable to mine the
state taconite iron ore except in conjunction with the mining of
the adjacent ore;
(2) the lands to be leased are primarily valuable for their
natural iron ore content; or
(3) the state's mineral ownership interest in the lands to
be leased is an undivided fractional interest and the applicant
holds under control a majority of the remaining undivided
fractional mineral interests in the lands to be leased.
Subd. 2. [APPLICATION.] (a) An application for a
negotiated lease shall be submitted to the commissioner of
natural resources. The commissioner shall prescribe the
information to be included in the application. The applicant
shall submit with the application a certified check, cashier's
check, or bank money order, payable to the department of natural
resources in the sum of $100, as a fee for filing the
application. The application fee shall not be refunded under
any circumstances.
(b) The right is reserved to the state to reject any or all
applications for a negotiated lease.
Subd. 3. [TERMS.] A lease issued under this section shall
be in the form set forth in section 93.20, with such additional
terms and conditions consistent with the lease as may be agreed
upon. The rental and royalty rates agreed upon shall be not
less than those prescribed in section 93.20.
Sec. 16. Minnesota Statutes 1998, section 93.193,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FOR EXTENSION.] Upon written
application by the holder of any mining lease heretofore issued,
or hereafter issued upon a prospecting permit heretofore issued,
which has been or may be designated as a taconite iron ore
mining lease pursuant to Minnesota Statutes 1998, section 93.19
or 93.191, the commissioner of natural resources, with the
approval of the executive council, may extend the term thereof
of the lease for an additional period of 25 years beyond the
term specified therein in the lease, upon the terms and
conditions hereinafter prescribed under this section. The
additional period of 25 years for which such a the lease is
extended, shall be the extended period as such the term is used
herein in this section.
Sec. 17. Minnesota Statutes 1998, section 93.21, is
amended to read:
93.21 [EXECUTION OF LEASE.]
The lease provided for in section 93.20 shall be signed by
the commissioner for and in behalf of the state, with the
official seal of the commissioner attached, and shall be signed
by the party of the second part in the presence of two
witnesses, and such the signatures and execution of the same by
the party of the second part shall be duly acknowledged.
Sec. 18. Minnesota Statutes 1998, section 93.22, is
amended to read:
93.22 [DISPOSAL OF MONEYS RECEIVED DISPOSITION OF
PAYMENTS.]
(a) All payments under sections 93.14 to 93.28 93.285 shall
be made to the state treasurer on the order of the commissioner
of finance, or the commissioner, as the case may be, department
of natural resources and shall be credited to the permanent fund
of the class of land to which the demised premises belong and in
case the land shall not belong to any class of land having a
permanent fund then all payments shall be credited to such fund
as the legislature shall by law direct. as follows:
(1) if the lands or minerals and mineral rights covered by
a lease are held by the state by virtue of an act of Congress,
payments made under the lease shall be credited to the permanent
fund of the class of land to which the leased premises belong;
(2) if a lease covers the bed of navigable waters, payments
made under the lease shall be credited to the permanent school
fund of the state; and
(3) if the lands or minerals and mineral rights covered by
a lease are held by the state in trust for the taxing districts,
payments made under the lease shall be distributed annually on
the first day of September as follows:
(i) 20 percent to the general fund; and
(ii) 80 percent to the respective counties in which the
lands lie, to be apportioned among the taxing districts
interested therein as follows: county, three-ninths; town or
city, two-ninths; and school district, four-ninths.
(b) Except as provided under paragraph (a) and except where
the disposition of payments may be otherwise directed by law,
all payments shall be paid into the general fund of the state.
Sec. 19. [93.245] [MINING OF MINERALS OTHER THAN IRON
ORE.]
(a) If a mineral other than iron ore or taconite ore is
found on or in a mining unit covered by a state iron ore or
taconite iron ore mining lease, the state lessee may apply to
the commissioner of natural resources for a negotiated lease to
explore for, mine, and remove the mineral. The terms and
conditions under which the mineral may be mined or products
recovered shall be as agreed upon by the commissioner and the
state lessee. A mineral lease for ores other than iron ore or
taconite iron ore must comply with section 93.25 and rules
adopted thereunder.
(b) The right is reserved to the state to reject any or all
applications for a negotiated lease under paragraph (a). The
state may lease, under section 93.25 and rules adopted
thereunder, any minerals other than iron ore or taconite iron
ore on or in a mining unit covered by a state iron ore or
taconite iron ore mining lease.
Sec. 20. Minnesota Statutes 1998, section 93.25,
subdivision 1, is amended to read:
Subdivision 1. [LEASES.] The commissioner may issue leases
to prospect for, mine, and remove minerals other than iron ore
upon any lands owned by the state, including trust fund lands,
lands forfeited for nonpayment of taxes whether held in trust or
otherwise, and lands otherwise acquired, and the beds of any
waters belonging to the state. For purposes of this section,
iron ore means iron-bearing material where the primary product
is iron metal.
Sec. 21. Minnesota Statutes 1998, section 93.25,
subdivision 2, is amended to read:
Subd. 2. [LEASE REQUIREMENTS.] All leases for nonferrous
metallic minerals or petroleum must be approved by the executive
council, and any other mineral lease issued pursuant to this
section that covers 160 or more acres must be approved by the
executive council. The rents, royalties, terms, conditions, and
covenants of all such leases shall be fixed by the commissioner
pursuant to such according to rules as may be prescribed adopted
by the commissioner, but no lease shall be for a longer term
than 50 years, and all such rents, royalties, terms, conditions,
and covenants shall be fully set forth in each lease thus issued
and. The rents and royalties therein provided for shall be
credited to the funds as provided in section 93.22 or 93.335,
subdivision 4, as amended.
Sec. 22. Minnesota Statutes 1998, section 93.26, is
amended to read:
93.26 [PERMITS AND LEASES TO BE RECORDED FILED.]
All permits and leases, with the names and post office
addresses of all parties in interest, issued by the commissioner
under authority of sections 93.14 to 93.28 93.285, before
delivery shall be duly recorded at length in the record books to
be provided and kept filed for record in the commissioner's
office for that purpose and. A certificate of such record
filing showing the date of record, the book and page
thereof, filing shall be endorsed on each such permit or lease.
Sec. 23. Minnesota Statutes 1998, section 93.27, is
amended to read:
93.27 [ASSIGNMENTS, AGREEMENTS, OR CONTRACTS AFFECTING
PERMITS OR LEASES; RECORDS FILING.]
All assignments, agreements, or contracts, underlying,
overriding, or operating agreements affecting any such permit or
a lease shall be made in writing and signed by both parties
thereto, witnessed by two witnesses, and properly acknowledged
and contain the post office addresses of all parties having an
interest; and when so executed presented in triplicate to the
commissioner for filing of record. The commissioner shall then
record such assignments, agreements, or contracts, underlying,
overriding, or operating agreements at length in record books
kept and provided for that purpose in the commissioner's office
and A certificate of such record filing showing the date thereof
and the book and page of filing shall be endorsed on the
assignments, agreements, contracts, underlying, overriding, or
operating agreements, a copy of which then shall be returned to
the party entitled thereto.
Sec. 24. Minnesota Statutes 1998, section 93.28, is
amended to read:
93.28 [APPROVAL OF INSTRUMENTS; FEES.]
All instruments by virtue of which the title to any permit
or a lease herein provided for is in any way affected shall
receive, as to form and execution, the approval of the
commissioner, which approval shall be endorsed thereon, and the
instrument when so approved shall be duly recorded filed as
provided in section 93.27. For recording any assignment or
other instrument affecting the title to any permit or lease or
for furnishing certified copies of the records, the commissioner
may charge a fee of ten cents per folio. All such fees shall be
turned into the state treasury.
Sec. 25. Minnesota Statutes 1998, section 93.285,
subdivision 2, is amended to read:
Subd. 2. [INCLUSION IN MINING UNIT.] In case any
stockpiled iron ore is situated on land designated or suitable
for designation as a mining unit under section 93.15, such the
stockpiled ore may, in the discretion of the commissioner of
natural resources, be included in such the unit by inserting a
description of such the ore in the designation of the unit.
Otherwise such the ore shall not be considered as included
in such the unit. Upon the inclusion of such the ore in such
the unit, it shall be subject to all provisions of law relating
to the sale, issuance, terms, and conditions of a prospecting
permit and lease covering such the unit and other matters
pertaining thereto, so far as applicable, except as hereinafter
provided.
Sec. 26. Minnesota Statutes 1998, section 93.285,
subdivision 3, is amended to read:
Subd. 3. [STOCKPILE MINING UNIT.] (a) Any stockpiled iron
ore, wherever situated, may, in the discretion of the
commissioner of natural resources, be designated as a stockpile
mining unit for disposal separately from ore in the ground, such
designation to be made in accordance with the provisions of
according to section 93.15, so far as applicable. Thereupon
such stockpile mining unit shall be subject to all provisions of
law relating to the sale, issuance, terms, and conditions of
prospecting permits and leases covering mining units designated
under such section 93.15 and other matters pertaining thereto,
except as hereinafter provided. Upon application of the holder
of a prospecting permit for such a stockpile mining unit, the
commissioner of natural resources may, for good cause shown,
extend the time for beginning the work of prospecting under the
permit to not exceeding six months from the date of the permit.
(b) The commissioner may lease the mining unit at public or
private sale for an amount and under terms and conditions
prescribed by the commissioner. The lease term may not exceed
25 years. The amount payable for stockpiled iron ore material
shall be at least equivalent to the minimum royalty that would
be payable under section 93.20.
Sec. 27. Minnesota Statutes 1998, section 93.335,
subdivision 1, is amended to read:
Subdivision 1. [LAND GROUPED INTO MINING UNITS; LEASES
LANDS HELD IN TRUST FOR TAXING DISTRICTS; LEASE TERMS AND
CONDITIONS.] Lands or minerals and mineral rights, including
fractional undivided interests therein, becoming the absolute
property of the state under the tax laws, may be grouped into
mining units, permits to prospect for iron ore thereon shall be
awarded, and Mining leases thereon issued as provided by
sections 93.14 to 93.33, and, except as otherwise specifically
provided herein under this section, shall be subject to all the
terms, conditions, and provisions of such sections shall be
applicable thereto 93.14 to 93.33, regardless of whether or
not such the lands or minerals and mineral rights are held in
trust for taxing districts. Leases issued hereunder shall be in
the form provided by law, with only such changes as the
commissioner of natural resources shall find necessary to
indicate the specific interest covered by the lease and the
proportion of the stipulated royalty or rental payable under
subdivision 2 or otherwise to conform with the provisions
hereof. In case the state owns such a fractional undivided
interest and the remaining undivided interest in the property is
owned or held under lease for mining purposes by another, the
commissioner of natural resources, with the approval of the
executive council, upon application of such owner or lessee,
without public sale and without prior issuance of a prospecting
permit, may enter into a mining lease with such owner or lessee
covering the state's interest under the following terms and
conditions:
(1) The application shall be in such form and shall contain
such information as the commissioner shall prescribe;
(2) Where any of the ore to be mined under such lease lies
within the bed of a public lake or stream, the lessee shall
obtain an appropriate permit from the commissioner, pursuant to
applicable laws;
(3) The lease shall be in the form herein prescribed,
except that it may provide for the payment of rental and royalty
at such rates as may be agreed upon between the parties and may
contain such additional appropriate provisions, not inconsistent
with law, as may be agreed upon in furtherance of the mutual
interests of the parties; provided, that the rental and royalty
rates for iron ore shall not be less than the applicable minimum
rates prescribed in section 93.20.
Sec. 28. Minnesota Statutes 1998, section 93.43, is
amended to read:
93.43 [PERMITS, LICENSES, AND LEASES TO COPPER,
COPPER-NICKEL OR NICKEL NONFERROUS METALLIC MINERALS PRODUCERS.]
(a) The business of mining, producing, or beneficiating
copper, copper-nickel or nickel nonferrous metallic minerals is
declared to be in the public interest and necessary to the
public welfare, and the use of property therefor is declared to
be a public use and purpose.
(b) The commissioner of natural resources is authorized to
grant permits or, licenses, or leases on and across lands owned
by the state to any corporation or association engaged in the
business of or preparing to engage in the business of mining,
producing, or beneficiating copper, copper-nickel or
nickel nonferrous metallic minerals for pipe lines, pole lines,
conduits, sluiceways, roads, railroads, tramways, or flowage,
and to lease any lands owned by the state to any such
corporation or association for the depositing of stripping, lean
ores, tailings, or waste products of such business.
(c) The commissioner of natural resources is also
authorized to license the flooding of state lands in connection
with any permit or authorization for the use of public waters
issued by the legislature or by the commissioner pursuant to
law. Such The permits, licenses, and leases shall be upon such
the conditions and, for such the consideration, and for
such the period of time as the commissioner may determine.
(d) The county auditor, with the approval of the county
board, is authorized to grant permits, licenses, or leases for
all such purposes of or across tax-forfeited lands held by the
state in trust for any and all taxing districts, upon such the
conditions and, for such the considerations, and for such
the period of time as the county board may determine. Any
proceeds from the granting of such the permits, licenses, or
leases by the county auditor shall be apportioned and
distributed as other proceeds from the sale or rental of tax-forfeited
lands.
Sec. 29. Minnesota Statutes 1999 Supplement, section
97A.065, subdivision 2, is amended to read:
Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and
forfeited bail collected from prosecutions of violations of:
the game and fish laws; sections 84.091 to 84.15; sections 84.81
to 84.91; section 169.121, when the violation involved an
off-road recreational vehicle as defined in section 169.01,
subdivision 86; chapter 348; and any other law relating to wild
animals or aquatic vegetation, must be paid to the treasurer of
the county where the violation is prosecuted. The county
treasurer shall submit one-half of the receipts to the
commissioner and credit the balance to the county general
revenue fund except as provided in paragraphs (b), (c), and
(d). In a county in a judicial district under section 480.181,
subdivision 1, paragraph (b), as added in Laws 1999, chapter
216, article 7, section 26, the share that would otherwise go to
the county under this paragraph must be submitted to the state
treasurer for deposit in the state treasury and credited to the
general fund.
(b) The commissioner must reimburse a county, from the game
and fish fund, for the cost of keeping prisoners prosecuted for
violations under this section if the county board, by
resolution, directs: (1) the county treasurer to submit all
fines and forfeited bail to the commissioner; and (2) the county
auditor to certify and submit monthly itemized statements to the
commissioner.
(c) The county treasurer shall submit one-half of the
receipts collected under paragraph (a) from prosecutions of
violations of sections 84.81 to 84.91, and 169.121, except
receipts that are surcharges imposed under section 357.021,
subdivision 6, to the state treasurer commissioner and credit
the balance to the county general fund. The state treasurer
commissioner shall credit these receipts to the snowmobile
trails and enforcement account in the natural resources fund.
(d) The county treasurer shall indicate the amount of the
receipts that are surcharges imposed under section 357.021,
subdivision 6, and shall submit all of those receipts to the
state treasurer.
Sec. 30. Minnesota Statutes 1998, section 97A.095, is
amended by adding a subdivision to read:
Subd. 4. [SWAN LAKE MIGRATORY WATERFOWL REFUGE.] The land
described in Laws 1999, chapter 81, section 2, is designated
Swan Lake migratory waterfowl refuge under subdivision 1.
Sec. 31. Minnesota Statutes 1998, section 97A.405, is
amended by adding a subdivision to read:
Subd. 4. [REPLACEMENT LICENSES.] The commissioner may
permit licensed firearms deer hunters to change zone or season
options before the regular firearms deer season begins. The
commissioner may issue a replacement license if the applicant
submits the original firearms deer license that is being
replaced and the applicant pays any increase in cost between the
original and the replacement license.
Sec. 32. Minnesota Statutes 1998, section 97A.431,
subdivision 4, is amended to read:
Subd. 4. [SEPARATE SELECTION; ELIGIBILITY.] (a) The
commissioner may conduct a separate selection for up to 20
percent of the moose licenses to be issued for an area. Only
owners of, and tenants living on, at least 160 acres of
agricultural or grazing land in the area, and their family
members, are eligible for the separate selection under this
paragraph. Persons that are unsuccessful in a separate
selection must be included in the selection for the remaining
licenses.
(b) The commissioner must conduct a separate selection for
20 percent of the moose licenses to be issued each year. Only
individuals who have applied at least ten times for a moose
license and who have never received a license are eligible for
this separate selection.
(c) The commissioner may by rule establish criteria for:
(1) determining eligible family members under this
subdivision. paragraph (a); and
(2) verifying that an individual has made at least ten
unsuccessful applications for the purposes of paragraph (b).
(d) A person who is unsuccessful in a separate selection
under this subdivision must be included in the selection for the
remaining licenses.
Sec. 33. Minnesota Statutes 1998, section 97A.435,
subdivision 4, is amended to read:
Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a)
The commissioner may conduct a separate selection for up to 20
percent of the turkey licenses to be issued for any area. Only
persons that who are owners or tenants of and that live on at
least 40 acres of agricultural or grazing land in the area, and
their family members, are eligible applicants for turkey
licenses for the separate selection. The qualifying
agricultural or grazing land may be noncontiguous. Persons that
who are unsuccessful in a separate selection must be included in
the selection for the remaining licenses. Persons that who
obtain a license in a separate selection must allow public
turkey hunting on their land during that turkey season.
(b) The commissioner may by rule establish criteria for
determining eligible family members under this subdivision.
Sec. 34. Minnesota Statutes 1998, section 97A.475,
subdivision 30, is amended to read:
Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take
commercial fish are:
(1) commercial license fees:
(i) for residents and nonresidents seining and netting in
inland waters, $90;
(ii) for residents netting in Lake Superior, $50;
(iii) for residents netting in Lake of the Woods, Rainy,
Namakan, and Sand Point lakes, $50;
(iv) for residents seining in the Mississippi River from St.
Anthony Falls to the St. Croix River junction, $50;
(v) for residents seining, netting, and set lining in
Wisconsin boundary waters from Lake St. Croix to the Iowa
border, $50; and
(vi) for a resident apprentice license, $25; and
(2) commercial gear fees:
(i) for each gill net in Lake Superior, Wisconsin boundary
waters, and Namakan Lake, $3.50 per 100 feet of net;
(ii) for each seine in inland waters, on the Mississippi
River as described in section 97C.801, subdivision 2, and in
Wisconsin boundary waters, $7 per 100 feet;
(iii) for each commercial hoop net in inland waters, $1.25;
(iv) for each submerged fyke, trap, and hoop net in Lake
Superior, St. Louis Estuary, Lake of the Woods, and Rainy,
Namakan, and Sand Point lakes, and for each pound net in Lake
Superior, $15;
(v) for each stake and pound net in Lake of the Woods, $60;
and
(vi) for each set line in the Wisconsin boundary waters,
$20; and
(vii) for each trawl used in Lake Superior, $50.
Sec. 35. Minnesota Statutes 1998, section 97A.475, is
amended by adding a subdivision to read:
Subd. 44. [REPLACEMENT LICENSES.] The fee for a
replacement firearms deer license is $5.
Sec. 36. Minnesota Statutes 1998, section 97B.015,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.]
(a) The commissioner shall appoint a qualified person from the
enforcement division under civil service rules as supervisor of
hunting safety and prescribe the duties and responsibilities of
the position. The commissioner shall determine and provide the
enforcement division with the necessary personnel for this
section.
(b) The commissioner may appoint one or more county
directors of hunting safety in each county. An appointed county
director is responsible to the enforcement division. The
enforcement division may appoint instructors necessary for this
section. County directors and instructors shall serve on a
voluntary basis without compensation. The enforcement division
must supply the materials necessary for the course. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.
Sec. 37. Minnesota Statutes 1998, section 97B.015,
subdivision 4, is amended to read:
Subd. 4. [STUDENT FEE.] To defray the expense of the
course, the enforcement division shall collect a fee not to
exceed $5 from each person that takes the firearm safety course.
The commissioner shall establish a fee that neither
significantly over recovers nor under recovers costs, including
overhead costs, involved in providing the services. The fee is
not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply. The fees shall be deposited in
the game and fish fund and the amount thereof is appropriated
annually to the enforcement division of the department of
natural resources for the administration of the program. In
addition to the fee established by the commissioner, instructors
may charge each person up to the established fee amount for
class materials and expenses.
Sec. 38. Minnesota Statutes 1999 Supplement, section
97B.025, is amended to read:
97B.025 [ADVANCED HUNTER AND TRAPPER EDUCATION.]
The commissioner may establish advanced education courses
for hunters and trappers. The commissioner, with the approval
of the commissioner of finance, may impose shall collect a fee
not to exceed $10 for from each person attending an advanced
education a course. The commissioner shall establish a fee that
neither significantly over recovers nor under recovers costs,
including overhead costs, involved in providing the services.
The fee is not subject to the rulemaking provisions of chapter
14 and section 14.386 does not apply. The fees shall be
deposited in the game and fish fund and the amount thereof is
appropriated annually to the enforcement division of the
department of natural resources for the administration of the
program. In addition to the fee established by the
commissioner, instructors may charge each person up to the
established fee amount for class materials and expenses. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.
Sec. 39. Minnesota Statutes 1998, section 97B.301,
subdivision 4, is amended to read:
Subd. 4. [TAKING MORE THAN ONE DEER.] (a) The commissioner
may, by rule, allow a person to take more than one deer. The
commissioner shall prescribe the conditions for taking the
additional deer including:
(1) taking by firearm or archery;
(2) obtaining additional licenses; and
(3) payment of a fee not more than the fee for a firearms
deer license; and
(4) the total number of deer that an individual may take.
(b) In Kittson, 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. The commissioner may
limit the use of this provision in certain years to protect the
deer population in the area.
Sec. 40. [97C.02] [ACQUISITION OF CRITICAL AQUATIC
HABITAT.]
The commissioner shall acquire lands that are critical for
fish and other aquatic life and that meet criteria described for
aquatic management areas in section 86A.05, subdivision 14. The
lands that are acquired may be developed to manage lakes,
rivers, streams, and adjacent wetlands and lands for aquatic
life, water quality, intrinsic biological value, public fishing,
and other compatible outdoor recreational uses. The land may be
acquired by gift, lease, easement, or purchase. The
commissioner shall designate land acquired under this
subdivision as aquatic management areas for the purposes of the
outdoor recreation system.
Sec. 41. Minnesota Statutes 1998, section 97C.041, is
amended to read:
97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH AND CATFISH.]
The commissioner may take rough fish, lake whitefish, and
rainbow smelt with seines, nets, and other devices. The
commissioner may also take catfish with seines, nets, and other
devices on the Minnesota-Wisconsin boundary waters. The
commissioner may hire or contract persons, or issue permits, to
take the fish. The commissioner shall prescribe the manner of
taking and disposal. The commissioner may award a contract
under this section without competitive bidding. Before
establishing the contractor's compensation, the commissioner
must consider the qualifications of the contractor, including
the contractor's equipment, knowledge of the waters, and ability
to perform the work.
Sec. 42. Minnesota Statutes 1998, section 97C.501,
subdivision 1, is amended to read:
Subdivision 1. [MINNOW RETAILERS.] (a) A person may not be
a minnow retailer without a minnow retailer license except as
provided in subdivision subdivisions 2, paragraph (d), and 3. A
person must purchase a minnow retailer license for each minnow
retail outlet operated, except as provided by subdivision 2,
paragraph (d).
(b) A minnow retailer must obtain a minnow retailer's
vehicle license for each motor vehicle used by the minnow
retailer to transport more than 12 dozen minnows to the minnow
retailer's place of business, except as provided in subdivision
3. A minnow retailer is not required to obtain a minnow
retailer's vehicle license if minnows are being transported by
common carrier and information is provided that allows the
commissioner to find out the location of the shipment in the
state.
Sec. 43. Minnesota Statutes 1998, section 97C.501,
subdivision 2, is amended to read:
Subd. 2. [MINNOW DEALERS.] (a) A person may not be a
minnow dealer without a minnow dealer license except as provided
in subdivision 3.
(b) A minnow dealer must obtain a minnow dealer's vehicle
license for each motor vehicle used to transport minnows. The
serial number, motor vehicle license number, make, and model
must be on the license. The license must be conspicuously
displayed in the vehicle.
(c) A minnow dealer may not transport minnows out of the
state without an exporting minnow dealer license. A minnow
dealer must obtain an exporting minnow dealer's vehicle license
for each motor vehicle used to transport minnows out of the
state. The serial number, motor vehicle license number, make,
and model must be on the license. The license must be
conspicuously displayed in the vehicle.
(d) A person with a minnow dealer's license may sell
minnows at one retail outlet. A minnow dealer must obtain a
minnow retailer license for each additional retail outlet
operated. A minnow dealer operating a retail outlet under a
minnow dealer's license must list the following information for
the retail outlet: name of the business; city; state; zip code;
and legal description or fire number. The retail outlet name
and location may be changed by making application to the
commissioner.
Sec. 44. Minnesota Statutes 1998, section 97C.605,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] A person may not take,
possess, buy, sell, or transport turtles without an angling
license, except as provided in subdivision 2.
Sec. 45. Minnesota Statutes 1998, section 97C.605,
subdivision 2, is amended to read:
Subd. 2. [SALES LICENSE.] (a) A person may not take,
possess, transport, or purchase turtles for sale without a
turtle seller's license, except as provided in this subdivision.
(b) A person does not need a turtle seller's license is
not required to buy turtles for retail sale to consumers or an
angling license:
(1) when buying turtles for resale at a location licensed
by the department of agriculture or health for sale or
preparation of food retail outlet;
(2) of a person licensed by the department of agriculture
or health for sale or preparation of food; or
(3) of a person when buying a turtle at a retail outlet; or
(3) if the person is a nonresident buying a turtle from a
licensed turtle seller for export out of state. Shipping
documents provided by the turtle seller must accompany each
shipment exported out of state by a nonresident. Shipping
documents must include: name, address, city, state, and zip
code of the buyer; number of each species of turtle; and name
and license number of the turtle seller.
Sec. 46. Minnesota Statutes 1999 Supplement, section
169.1217, subdivision 7a, is amended to read:
Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
motor vehicle used to commit a designated offense or used in
conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.
(b) When a motor vehicle is seized under subdivision 2, the
appropriate agency shall serve the driver or operator of the
vehicle with a notice of the seizure and intent to forfeit the
vehicle. Additionally, when a motor vehicle is seized under
subdivision 2, or within a reasonable time after that, all
persons known to have an ownership, possessory, or security
interest in the vehicle must be notified of the seizure and the
intent to forfeit the vehicle. For those vehicles required to
be registered under chapter 168, the notification to a person
known to have a security interest in the vehicle is required
only if the vehicle is registered under chapter 168 and the
interest is listed on the vehicle's title. Notice mailed by
certified mail to the address shown in department of public
safety records is sufficient notice to the registered owner of
the vehicle. For motor vehicles not required to be registered
under chapter 168, notice mailed by certified mail to the
address shown in the applicable filing or registration for the
vehicle is sufficient notice to a person known to have an
ownership, possessory, or security interest in the vehicle.
Otherwise, notice may be given in the manner provided by law for
service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the
forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO
NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT
TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT
HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
WORTH LESS THAN $500."
(d) Within 30 days following service of a notice of seizure
and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be
filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of
the complaint on the prosecuting authority having jurisdiction
over the forfeiture, and the standard filing fee for civil
actions unless the petitioner has the right to sue in forma
pauperis under section 563.01. If the value of the seized
property is $7,500 or less, the claimant may file an action in
conciliation court for recovery of the seized vehicle. If the
value of the seized property is less than $500, the claimant
does not have to pay the conciliation court filing fee. No
responsive pleading is required of the prosecuting authority and
no court fees may be charged for the prosecuting authority's
appearance in the matter. Except as provided in this section,
judicial reviews and hearings are governed by section 169.123,
subdivisions 5c and 6, and shall take place at the same time as
any judicial review of the person's license revocation under
section 169.123. The proceedings may be combined with any
hearing on a petition filed under section 169.123, subdivision
5c, and are governed by the rules of civil procedure.
(e) The complaint must be captioned in the name of the
claimant as plaintiff and the seized vehicle as defendant, and
must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized and the plaintiff's
interest in the vehicle seized. Notwithstanding any law to the
contrary, an action for the return of a vehicle seized under
this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture
unless the person has complied with this subdivision.
(f) If the claimant makes a timely demand for a judicial
determination under this subdivision, the appropriate agency
must conduct the forfeiture under subdivision 8.
(g) If a demand for judicial determination of an
administrative forfeiture is filed under this subdivision and
the court orders the return of the seized vehicle, the court
shall order that filing fees be reimbursed to the person who
filed the demand. In addition, the court may order sanctions
under section 549.211.
Sec. 47. Minnesota Statutes 1999 Supplement, section
290.431, is amended to read:
290.431 [NONGAME WILDLIFE CHECKOFF.]
Every individual who files an income tax return or property
tax refund claim form may designate on their original return
that $1 or more shall be added to the tax or deducted from the
refund that would otherwise be payable by or to that individual
and paid into an account to be established for the management of
nongame wildlife. The commissioner of revenue shall, on the
income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax
or refund shall be paid into the nongame wildlife management
account. The sum of the amounts so designated to be paid shall
be credited to the nongame wildlife management account for use
by the nongame program of the section of wildlife in the
department of natural resources. All interest earned on money
accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife
management account shall be credited to the account by the state
treasurer, except that gifts or contributions received directly
by the commissioner of natural resources and directed by the
contributor for use in specific nongame field projects or
geographic areas shall be handled according to section 84.085,
subdivision 1. The commissioner of natural resources shall
submit a work program for each fiscal year and semiannual
progress reports to the legislative commission on Minnesota
resources in the form determined by the commission. None of the
money provided in this section may be expended unless the
commission has approved the work program.
The state pledges and agrees with all contributors to the
nongame wildlife management account to use the funds contributed
solely for the management of nongame wildlife projects and
further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability
of the commissioner of natural resources to use the available
funds for the most efficient and effective management of nongame
wildlife.
Sec. 48. Minnesota Statutes 1999 Supplement, section
290.432, is amended to read:
290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.]
A corporation that files an income tax return may designate
on its original return that $1 or more shall be added to the tax
or deducted from the refund that would otherwise be payable by
or to that corporation and paid into the nongame wildlife
management account established by section 290.431 for use by the
section of wildlife in the department of natural resources for
its nongame wildlife program. The commissioner of revenue
shall, on the corporate tax return, notify filers of their right
to designate that a portion of their tax return be paid into the
nongame wildlife management account for the protection of
endangered natural resources. All interest earned on money
accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife
management account shall be credited to the account by the state
treasurer, except that gifts or contributions received directly
by the commissioner of natural resources and directed by the
contributor for use in specific nongame field projects or
geographic areas shall be handled according to section 84.085,
subdivision 1. The commissioner of natural resources shall
submit a work program for each fiscal year to the legislative
commission on Minnesota resources in the form determined by the
commission. None of the money provided in this section may be
spent unless the commission has approved the work program.
The state pledges and agrees with all corporate
contributors to the nongame wildlife account to use the funds
contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability
of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those
programs.
Sec. 49. Minnesota Statutes 1999 Supplement, section
574.264, subdivision 1, is amended to read:
Subdivision 1. [NATURAL RESOURCE DEVELOPMENT PROJECTS.] In
place of a performance or payment bond or bid deposit for a
state contract for a natural resource development project less
than $50,000 $100,000, the person required to file the bond or
bid deposit may deposit in a local designated state depository
or with the state treasurer a certified check, a cashier's
check, a postal, bank, or express money order, assignable bonds
or notes of the United States, or an assignment of a bank
savings account or investment certificate or an irrevocable bank
letter of credit, in the same amount that would be required for
the bond or bid deposit. If securities listed in this section
are deposited, their value shall not be less than the amount
required for the bond or bid deposit and the person required to
file the bond or bid deposit shall submit an agreement
authorizing the commissioner to sell or otherwise take
possession of the securities in the event of default under the
contract or nonpayment of any persons furnishing labor and
materials under, or to perform, the contract.
Sec. 50. Laws 1999, chapter 231, section 5, subdivision 4,
is amended to read:
Subd. 4. Forest Management
34,670,000 35,175,000
Summary by Fund
General 34,207,000 34,701,000
Natural Resources 463,000 474,000
$3,599,000 the first year and
$3,688,000 the second year are for
presuppression and suppression costs of
emergency fire fighting and other costs
incurred under Minnesota Statutes,
section 88.12, subdivision 2, related
to search and rescue operations. If
the appropriation for either year is
insufficient to cover all costs of
suppression and search and rescue
operations, the amount necessary to pay
for emergency firefighting these
expenses during the biennium is
appropriated from the general fund. If
money is spent under the appropriation
in the preceding sentence, the
commissioner of natural resources
shall, by 15 days after the end of the
following quarter, report on how the
money was spent to the chairs of the
house of representatives ways and means
committee, the environment and
agriculture budget division of the
senate environment and natural
resources committee, and the house of
representatives environment and natural
resources finance committee. The
appropriations may not be transferred.
$722,000 the first year and $724,000
the second year are for programs and
practices on state, county, and private
lands to regenerate and protect
Minnesota's white pine. Up to $280,000
of the appropriation in each year may
be used by the commissioner to provide
50 percent matching funds to implement
cultural practices for white pine
management on nonindustrial, private
forest lands at rates specified in the
Minnesota stewardship incentives
program manual. Up to $150,000 of the
appropriation in each year may be used
by the commissioner to provide funds to
implement cultural practices for white
pine management on county-administered
lands through grant agreements with
individual counties, with priorities
for areas that experienced wind damage
in July 1995. $40,000 each year is for
a study of the natural regeneration
process of white pine. The remainder
of the funds in each fiscal year will
be available to the commissioner for
white pine regeneration and protection
on department-administered lands.
The commissioner may contract with and
make grants to nonprofit agencies to
carry out the purposes, plans, and
programs of the office of youth
programs, Minnesota conservation corps.
$61,000 the first year and $62,000 the
second year are for the focus on
community forests program, to provide
communities with natural resources
technical assistance.
$225,000 the first year is for grants
to local community forest ecosystem
health programs. This appropriation is
available until June 30, 2001. The
commissioner of natural resources shall
allocate individual grants of up to
$25,000 to local communities that match
the grants with nonstate money to
undertake projects that improve the
health of forest ecosystems, including
insect and disease suppression
programs, community-based forest health
education programs, and other
arboricultural treatments.
$100,000 the first year and $100,000
the second year are an increase in the
base appropriation for the Minnesota
conservation corps program activities.
$500,000 each year is for the
activities of the forest resources
council. This is a one-time
appropriation.
Sec. 51. [DEVELOPMENT OF SEARCH AND RESCUE OPERATIONS
CRITERIA.]
(a) By July 1, 2000, the superintendent of the bureau of
criminal apprehension and the commissioner of natural resources
shall develop criteria for determining the types of search and
rescue operations that may be supported under sections 8 and 50.
(b) By July 1, 2000, the superintendent and commissioner
shall report the criteria developed to the chairs and ranking
minority members of the senate and house committees and
divisions having jurisdiction over criminal justice and
environment and natural resources funding.
Sec. 52. [WATER SUPPLY MANAGEMENT; LEGISLATIVE APPROVAL.]
According to Minnesota Statutes, section 103G.265,
subdivision 3, the legislature approves the granting of a permit
by the commissioner of natural resources to the city of Grand
Forks, North Dakota, for consumptive uses of more than 2,000,000
gallons of water per day average in a 30-day period from the Red
River of the North for municipal water supply purposes.
Approval granted under this section is limited and the term of
the permit shall not exceed January 1, 2005.
Sec. 53. [REPEALER.]
Minnesota Statutes 1998, sections 93.07; 93.08; 93.09;
93.10; 93.11; 93.12; 93.13; 93.18; 93.19; 93.191; 93.192;
93.202; 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5;
93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 93.34,
subdivisions 1 and 3; 93.351; 93.352; 93.353; 93.354; 93.355;
93.356; 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312, are
repealed.
Sec. 54. [EFFECTIVE DATE.]
Sections 8 and 50 are effective July 1, 2000. Sections 39
and 51 are effective the day following final enactment.
Presented to the governor May 19, 2000
Signed by the governor May 30, 2000, 2:07 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes