Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 260-H.F.No. 2213 
                  An act relating to natural resources; exempting 
                  certain patrol vehicles from the security barrier 
                  requirement; providing for designation of certain 
                  enforcement personnel by commissioner's order; 
                  amending Minnesota Statutes 2003 Supplement, sections 
                  84.029, subdivision 1; 84A.02; 84A.21; 84A.32, 
                  subdivision 1; 84A.55, subdivision 8; 85.04, 
                  subdivision 2; proposing coding for new law in 
                  Minnesota Statutes, chapter 84. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [84.0286] [CONSERVATION OFFICER PATROL VEHICLE 
        SECURITY BARRIER; EXEMPTION.] 
           Marked conservation officer patrol vehicles are exempt from 
        any law or rule requiring a security barrier in the vehicle. 
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 
        84.029, subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
        AND OPERATION.] In addition to other lawful authority, the 
        commissioner of natural resources may establish, develop, 
        maintain, and operate recreational areas, including but not 
        limited to trails and canoe routes, for the use and enjoyment of 
        the public on any state-owned or leased land under the 
        commissioner's jurisdiction.  The commissioner may employ and 
        designate individuals according to section 85.04 84.0835 to 
        enforce laws governing the use of recreational areas. 
           Sec. 3.  [84.0835] [DESIGNATION OF EMPLOYEES FOR LIMITED 
        NATURAL RESOURCES LAW ENFORCEMENT.] 
           Subdivision 1.  [COMMISSIONER'S AUTHORITY TO DESIGNATE 
        EMPLOYEES.] As provided in this section, the commissioner may 
        designate by written order certain employees to enforce laws 
        governing the use of state parks, state monuments, state 
        recreation areas, state waysides, forest subareas, forest lands 
        under the authority of the commissioner when incidental to trail 
        management or normal forestry duties, and game preserves and 
        other lands administered as wildlife management areas.  The 
        designation by the commissioner is not subject to rulemaking 
        under chapter 14 and section 14.386 does not apply. 
           Subd. 2.  [DESIGNATED EMPLOYEE AUTHORITIES; GENERALLY.] An 
        employee designated under subdivision 1: 
           (1) has citizen arrest powers according to sections 629.37 
        to 629.39; 
           (2) may issue citations, on a form prescribed by the 
        commissioner, in lieu of arrest for petty misdemeanor violations 
        and misdemeanor violations, unless the violation occurs in the 
        presence of a conservation officer or other peace officer, as 
        defined under section 626.84, subdivision 1, paragraph (c); and 
           (3) may issue a report of violation to be turned over to a 
        conservation officer or other peace officer for possible charges 
        at the peace officer's discretion. 
           Subd. 3.  [CITATION AUTHORITY.] Employees designated by the 
        commissioner under subdivision 1 may issue citations, as 
        specifically authorized under this subdivision, for violations 
        of: 
           (1) sections 85.052, subdivision 3 (payment of camping fees 
        in state parks) and 85.45, subdivision 1 (cross country ski 
        pass); 
           (2) rules relating to hours and days of operation, 
        restricted areas, noise, fireworks, environmental protection, 
        fires and refuse, pets, picnicking, camping and dispersed 
        camping, nonmotorized uses, construction of unauthorized 
        permanent trails, mooring of boats, fish cleaning, swimming, 
        storage and abandonment of personal property, structures and 
        stands, animal trespass, state park individual and group motor 
        vehicle permits, licensed motor vehicles, designated roads, and 
        snowmobile operation off trails; 
           (3) rules relating to off-highway vehicle registration, 
        display of registration numbers, required equipment, operation 
        restrictions, off-trail use for hunting and trapping, and 
        operation in lakes, rivers, and streams; 
           (4) rules relating to off-highway vehicle and snowmobile 
        operation causing damage or in closed areas within the Richard J.
        Dorer Memorial Hardwood State Forest; 
           (5) rules relating to parking, snow removal, and damage on 
        state forest roads; and 
           (6) rules relating to controlled hunting zones on major 
        wildlife management units. 
           Sec. 4.  Minnesota Statutes 2003 Supplement, section 
        84A.02, is amended to read: 
           84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 
           (a) The Department of Natural Resources shall manage and 
        control the Red Lake Game Preserve.  The department may adopt 
        and enforce rules for the care, preservation, protection, 
        breeding, propagation, and disposition of all species of 
        wildlife in the preserve.  The department may adopt and enforce 
        rules for the regulation, issuance, sale, and revocation of 
        special licenses or special permits for hunting, fishing, 
        camping, and other uses of this area, consistent with sections 
        84A.01 to 84A.11.  The department may by rule set the terms, 
        conditions, and charges for these licenses and permits. 
           (b) The rules may specify and control the terms under which 
        wildlife may be taken, captured, or killed in the preserve, and 
        under which fur-bearing animals, or animals and fish otherwise 
        having commercial value, may be taken, captured, trapped, 
        killed, sold, and removed from it.  These rules may also provide 
        for (1) the afforestation and reforestation of state lands in 
        the preserve, (2) the sale of merchantable timber from these 
        lands when, in the opinion of the department, it can be sold and 
        removed without damage or injury to the further use and 
        development of the land for wildlife and game in the preserve, 
        and (3) the purposes for which the preserve is established by 
        sections 84A.01 to 84A.11. 
           (c) The department may provide for the policing of the 
        preserve as necessary for its proper development and use for the 
        purposes specified.  The commissioner of natural resources may 
        employ and designate individuals according to section 85.04 
        84.0835 to enforce laws governing the use of the preserve. 
           (d) The department shall also adopt and enforce rules 
        concerning the burning of grass, timber slashings, and other 
        flammable matter, and the clearing, development, and use of 
        lands in the preserve as necessary to prevent forest fires and 
        grass fires that would injure the use and development of this 
        area for wildlife preservation and propagation and to protect 
        its forest and wooded areas. 
           (e) Lands within the preserve are subject to the rules, 
        whether owned by the state or privately, consistent with the 
        rights of the private owners and with applicable state law.  The 
        rules may establish areas and zones within the preserve where 
        hunting, fishing, trapping, or camping is prohibited or 
        specially regulated, to protect and propagate particular 
        wildlife in the preserve.  
           (f) Rules adopted under sections 84A.01 to 84A.11 must be 
        posted on the boundaries of the preserve.  
           Sec. 5.  Minnesota Statutes 2003 Supplement, section 
        84A.21, is amended to read: 
           84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 
           (a) The department shall manage and control each project 
        approved and accepted under section 84A.20.  The department may 
        adopt and enforce rules for the purposes in section 84A.20, 
        subdivision 1, for the prevention of forest fires in the 
        projects, and for the sale of merchantable timber from lands so 
        acquired by the state when, in the opinion of the department, 
        the timber may be sold and removed without damage to the project.
           (b) These rules may relate to the care, preservation, 
        protection, breeding, propagation, and disposition of any 
        species of wildlife in the project and the regulation, issuance, 
        sale, and revocation of special licenses or special permits for 
        hunting, fishing, camping, and other uses of the areas 
        consistent with applicable state law. 
           (c) The department may provide for the policing of each 
        project as needed for the proper development, use, and 
        protection of the project and its purposes.  The commissioner of 
        natural resources may employ and designate individuals according 
        to section 85.04 84.0835 to enforce laws governing the use of 
        the projects. 
           (d) Lands within a project are subject to these rules, 
        whether owned by the state or privately, consistent with the 
        rights of the private owners or with applicable state law.  The 
        rules must be published once in one qualified newspaper in each 
        county affected and take effect after publication.  They must 
        also be posted on the boundaries of each project affected.  
           Sec. 6.  Minnesota Statutes 2003 Supplement, section 
        84A.32, subdivision 1, is amended to read: 
           Subdivision 1.  [RULES.] (a) The department shall manage 
        and control each project approved and accepted under section 
        84A.31.  The department may adopt and enforce rules for the 
        purposes in section 84A.31, subdivision 1, for the prevention of 
        forest fires in the projects, and for the sale of merchantable 
        timber from lands acquired by the state in the projects when, in 
        the opinion of the department, the timber may be sold and 
        removed without damage to the purposes of the projects.  Rules 
        must not interfere with, destroy, or damage any privately owned 
        property without just compensation being made to the owner of 
        the private property by purchase or in lawful condemnation 
        proceedings.  The rules may relate to the care, preservation, 
        protection, breeding, propagation, and disposition of any 
        species of wildlife in the projects and the regulation, 
        issuance, sale, and revocation of special licenses or special 
        permits for hunting, fishing, camping, or other uses of these 
        areas consistent with applicable state law. 
           (b) The department may provide for the policing of each 
        project as necessary for the proper development, use, and 
        protection of the project, and of its purpose.  The commissioner 
        of natural resources may employ and designate individuals 
        according to section 85.04 84.0835 to enforce laws governing the 
        use of the projects. 
           (c) Lands within the project are subject to these rules, 
        whether owned by the state, or privately, consistent with the 
        constitutional rights of the private owners or with applicable 
        state law.  The department may exclude from the operation of the 
        rules any lands owned by private individuals upon which taxes 
        are delinquent for three years or less.  Rules must be published 
        once in the official newspaper of each county affected and take 
        effect 30 days after publication.  They must also be posted on 
        each of the four corners of each township of each project 
        affected. 
           (d) In the management, operation, and control of areas 
        taken for afforestation, reforestation, flood control projects, 
        and wild game and fishing reserves, nothing shall be done that 
        will in any manner obstruct or interfere with the operation of 
        ditches or drainage systems existing within the areas, or damage 
        or destroy existing roads or highways within these areas or 
        projects, unless the ditches, drainage systems, roads, or 
        highways are first taken under the right of eminent domain and 
        compensation made to the property owners and municipalities 
        affected and damaged.  Each area or project shall contribute 
        from the funds of the project, in proportion of the state land 
        within the project, for the construction and maintenance of 
        roads and highways necessary within the areas and projects to 
        give the settlers and private owners within them access to their 
        land.  The department may construct and maintain roads and 
        highways within the areas and projects as it considers necessary.
           Sec. 7.  Minnesota Statutes 2003 Supplement, section 
        84A.55, subdivision 8, is amended to read: 
           Subd. 8.  [POLICING.] The commissioner may police the game 
        preserves, areas, and projects as necessary to carry out this 
        section.  The commissioner may employ and designate individuals 
        according to section 85.04 84.0835 to enforce laws governing the 
        use of the game preserves, areas, and projects. 
           Sec. 8.  Minnesota Statutes 2003 Supplement, section 85.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [OTHER EMPLOYEES.] Until August 1, 2004, The 
        commissioner of natural resources may designate certain 
        employees according to section 84.0835 to enforce laws governing 
        the use of state parks, state monuments, state recreation areas, 
        state waysides, state forest lands when incidental to normal 
        forestry duties, and state forest subareas.  The designation by 
        the commissioner is not subject to rulemaking under chapter 14. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 9:35 a.m.