Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5631
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
SIXTY-THIRD DAY
Saint Paul, Minnesota, Monday, May 7, 2007
The House of Representatives convened at 12:30 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Paul Rogers, House Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Demmer and Pelowski were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Bly moved that further reading of the Journal be suspended and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5632
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2007 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
846 32 4:35
p.m. May 2 May
2
Sincerely,
Mark
Ritchie
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May 3,
2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House File:
H. F. No. 293, relating to state government;
appropriating money for environment and natural resources; modifying meeting
requirements of the Legislative-Citizen Commission on Minnesota Resources.
Sincerely,
Tim
Pawlenty
Governor
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5633
STATE OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2007 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
1949 29 4:54
p.m. May 3 May
3
293 30 4:56
p.m. May 3 May
3
1483 33 4:59
p.m. May 3 May
3
1807 34 5:03
p.m. May 3 May
3
1236 35 5:21
p.m. May 3 May
3
420 36 5:05
p.m. May 3 May
3
1105 37 5:12
p.m. May 3 May
3
Sincerely,
Mark
Ritchie
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May 4,
2007
The Honorable Representative
Margaret Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Representative
Kelliher:
It is my honor to inform you that I have received, approved,
signed, and deposited in the Office of the Secretary of State, Chapter No. 45,
H. F. No. 2227, with the exception of line-item vetoes listed below.
I have exercised a line item veto of the following
appropriations:
1. Page 6, lines
6.9 - 6.14: A $1,000,000 appropriation in Chapter No. 45, Article 1, Section
3 for a loan program for equipment used in production of perennial crops. While
this new loan program for equipment may have merit in the future, we are only
in the early stages of planning for our next generation of bio-fuels. It is
difficult to predict future equipment and capital needs of producers of such
crops at this point. Many questions remain that should be answered before the
state commits to this type of loan program, such as what type of biomass crops
or plants will be used and how equipment needs will differ from what is used on
already established crops.
Moreover, this is an issue the NextGen Board,
established in this bill, should address. The board should make recommendations
to the 2008 legislature on the validity of this type of program or other type
of bioenergy equipment loan programs.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5634
. Page 9, lines 9.8 - 9.26: A $350,000 appropriation in
Chapter No. 45, Article 1, Section 3 to the Minnesota Institute for Sustainable
Agriculture (MISA) for research on prairie plants and perennials. This
appropriation is duplicative of funding included in the Higher Education
Omnibus discussions, and similar to funding available in the Environment and
Energy Omnibus finance bill. The appropriation also repeats activities
supervised by the proposed NextGen Board. Finally, similar activities are
already taking place within IREE at the University of Minnesota and many of the
other appropriations included in this bill will accomplish the exact research
this appropriation is written for.
I would encourage MISA to coordinate their
research and funding needs with the overall budget requests of the University
and to also consult with the University's Institute of Renewable Energy and the
Environment to coordinate research efforts.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2007 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
2227* 45 11:35
a.m. May 4 May
4
Sincerely,
Mark
Ritchie
Secretary
of State
[NOTE: * Indicates that H.
F. No. 2227, Chapter No. 45, contains line item vetoes.]
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Thissen introduced:
H. F. No. 2467, A bill for an act relating to taxation;
eliminating the authority of the Metropolitan Airports Commission to levy
property taxes for nondebt purposes; prohibiting issuance of new general
obligation bonds by the commission; amending Minnesota Statutes 2006, sections
275.066; 473.621, subdivision 5; 473.661, subdivision
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5635
3; 473.667, subdivisions 2,
8a, 9, 10, 11, 12; 473.6671, subdivision 1; 473.671; repealing Minnesota
Statutes 2006, sections 473.627; 473.661, subdivisions 2, 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Hausman; Carlson; Mahoney; Murphy, M.; Rukavina; Winkler;
Kelliher and Paulsen introduced:
H. F. No. 2468, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money to
renovate a building at the University of Minnesota for use as a biomedical
science research facility.
The bill was read for the first time and referred to the
Committee on Finance.
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 802, A bill for an act relating to
health; mortuary science; changing provisions dealing with mortuary science;
amending Minnesota Statutes 2006, sections 149A.01, subdivisions 2, 3; 149A.02,
subdivisions 2, 8, 11, 12, 13, 16, 33, 34, by adding subdivisions; 149A.03;
149A.20, subdivisions 1, 4, 6; 149A.40, subdivision 11; 149A.45, by adding
subdivisions; 149A.50, subdivisions 2, 4; 149A.52, subdivision 4, by adding a
subdivision; 149A.53, by adding a subdivision; 149A.63; 149A.70, subdivisions
1, 3, 5, 5a, 6, 7, 8, 9; 149A.71, subdivisions 2, 4; 149A.72, subdivision 4;
149A.74, subdivision 1; 149A.80, subdivisions 2, 3; 149A.90, subdivisions 1, 3,
4, 5, 6, 7, 8; 149A.91, subdivisions 2, 3, 5, 6, 10; 149A.92, subdivisions 2,
6; 149A.93, subdivisions 1, 2, 3, 4, 6, 8, by adding a subdivision; 149A.94,
subdivisions 1, 3; 149A.95, subdivisions 2, 4, 6, 7, 9, 13, 14, 15, 20, by
adding a subdivision; 149A.96, subdivision 1; repealing Minnesota Statutes
2006, sections 149A.93, subdivision 9; 149A.94, subdivision 2.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has appointed as such committee:
Senators Koering, Berglin and Moua.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrice Dworak, First Assistant Secretary of the Senate
Liebling moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 802. The motion prevailed.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5636
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 493, A bill for an act relating to public nuisances;
providing that certain criminal gang behavior is a public nuisance; authorizing
injunctive relief and other remedies; proposing coding for new law in Minnesota
Statutes, chapter 617.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has appointed as such committee:
Senators Moua, Betzold and Limmer.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrice
Dworak, First
Assistant Secretary of the Senate
Lesch moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 493. The motion prevailed.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
Sertich from the Committee on Rules and Legislative Administration,
pursuant to rule 1.21, designated the following bills to be placed on the
Calendar for the Day for Monday, May 7, 2007:
S. F. No. 26; H. F. No. 1758;
S. F. Nos. 1048, 1333, 1705, 2030 and 1902; and
H. F. No. 599.
CALENDAR FOR THE DAY
S. F. No. 1311, A bill for an act relating to local government;
authorizing cities to operate preventive health services programs; amending
Minnesota Statutes 2006, section 15.46.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5637
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 802:
Liebling, Thissen and Gottwalt.
CALENDAR FOR THE DAY, Continued
S. F. No. 805, A bill for an act relating to insurance;
regulating health plan coverage for hearing aids; amending Minnesota Statutes
2006, section 62Q.675.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5638
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 1131 was reported to the House.
Dill and Eken moved to amend
S. F. No. 1131, the first engrossment, as follows:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
NATURAL RESOURCES POLICY
Section 1. Minnesota
Statutes 2006, section 84.027, is amended by adding a subdivision to read:
Subd. 13a. Game and fish expedited permanent rules. In addition to
the authority granted in Subdivision 13, the commissioner of natural resources
may adopt rules under section 14.389 that are authorized under:
(1) chapters 97A, 97B, and
97C to describe zone or permit area boundaries, to designate fish spawning beds
or fish preserves, to select hunters or anglers for areas, to provide for
registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on
the intent or application of the original rule; or
(2) section 84D.12 to
designate prohibited invasive species, regulated invasive species, and
unregulated nonnative species.
Sec. 2. Minnesota Statutes
2006, section 84.0272, subdivision 3, is amended to read:
Subd. 3. Minimal value acquisition. (a)
Notwithstanding subdivision 1, if the commissioner determines that lands or
interests in land have a value less than $5,000 $50,000, the commissioner
may acquire the lands for the value determined by the commissioner without an
appraisal. The commissioner shall make the determination based upon available
information including, but not limited to:
(1) the most recent assessed
market value of the land or interests in land as determined by the county
assessor of the county in which the land or interests in land is located;
(2) a sale price of the land
or interests in land, provided the sale occurred within the past year;
(3) the sale prices of
comparable land or interests in land located in the vicinity and sold within
the past year; or
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5639
(4) an appraisal of the land
or interests in land conducted within the past year.
(b) In the event the value
is minimal less than $1,000, the commissioner may add a
transaction incentive, provided that the sum of the incentive plus the value of
the land does not exceed $1,000.
Sec. 3. Minnesota Statutes
2006, section 84.0274, subdivision 5, is amended to read:
Subd. 5. Owner's rights. When the state proposes
to purchase in fee or any lesser interest in land which will be administered by
the commissioner of natural resources, the landowner shall have the following
rights:
(a) The right to be informed
of the specific intended use of the property and of any change in the intended
use of the property which occurs during the acquisition process. The owner
shall also be informed that the documents regarding the purchase will be public
records if the land is purchased by the state;
(b) The right to be paid a
fair price for the property. The price shall include the fair market value of
the land plus:
(1) All necessary incidental
costs such as abstracting and recording fees related to the sale. The costs of
clearing title defects, paying taxes, and attorney's fees are not reimbursable;
and
(2) Any penalties incurred
by the owner where the property is security for a loan or advance of credit
that contains a provision requiring or permitting the imposition of a penalty
if the loan or advance of credit is prepaid;
(c) The right to payment, at
the owner's election, in a lump sum or in up to four annual installments;
(d) The right to have the
property fairly appraised by the state. The state's appraiser shall physically
inspect the property and shall allow the owner along when the appraisal is
made. The state's appraiser shall certify in the appraisal report to having
physically inspected the property and having given the landowner an opportunity
to go along on inspections. Notwithstanding section 13.44, subdivision 3,
before an offer is made, the landowner shall be given a resume of the
state's certified appraisal. The resume shall include the appraiser's
conclusions as to value, acreage and type of land, value of buildings and other
improvements, value of timber, special damages and any special elements of
value informed of the value determined pursuant to section 84.0272;
(e) The right to retain a
qualified independent appraiser to conduct an appraisal at any time prior to
certification of the state's appraisal of the property and to be reimbursed for
appraisal fees as provided in section 117.232, subdivision 1, if the land is
sold to the state and to have that appraisal considered along with the state's
in certifying the selling price;
(f) The right to have the
state acquire the property by means of condemnation upon the owner's request
with the agreement of the commissioner;
(g) The right to receive or
waive relocation assistance, services, payments and benefits as provided in
sections 117.52 and 117.521;
(h) The right to accept the
state's offer for the property and contest the state's offer for relocation and
moving expenses;
(i) The right to continue
occupancy of the property until full payment is received, provided that when
the owner elects to receive payment in annual installments pursuant to clause
(c), the owner may retain occupancy until the first payment is made; and
(j) The right to seek the
advice of counsel regarding any aspect of the land transaction.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5640
Sec. 4. Minnesota Statutes
2006, section 84.029, subdivision 2, is amended to read:
Subd. 2. Acquisition of land for trails. The commissioner
may acquire, by gift, purchase, or lease, easements or other interests in land
for trails, and recreational uses related to trails, where necessary to
complete trails established primarily in state forests, state parks, or other
public land under the jurisdiction of the commissioner, when railroad
rights-of-way are abandoned, when the use of township roads is compatible with
vehicular travel, and or when needed to complete trails
established by the legislature.
Sec. 5. Minnesota Statutes
2006, section 84.788, subdivision 1, is amended to read:
Subdivision 1. General requirements. Unless exempted
in subdivision 2, after January 1, 1994, a person may not operate and an
owner may not give permission for another to operate an off-highway motorcycle on
public lands or waters unless the vehicle has been registered under this
section.
Sec. 6. Minnesota Statutes
2006, section 84.82, subdivision 6, is amended to read:
Subd. 6. Exemptions. Registration is not
required under this section for:
(1) a snowmobile owned and
used by the United States, another state, or a political subdivision thereof;
(2) a snowmobile registered
in a country other than the United States temporarily used within this state;
(3) a snowmobile that is
covered by a valid license of another state and has not been within this state
for more than 30 consecutive days;
(4) a snowmobile used
exclusively in organized track racing events;
(5) a snowmobile in transit
by a manufacturer, distributor, or dealer; or
(6) a snowmobile at least 15
years old in transit by an individual for use only on land owned or leased by
the individual; or
(7) a snowmobile while being
used to groom a state or grant-in-aid trail.
Sec. 7. Minnesota Statutes
2006, section 84.8205, subdivision 1, is amended to read:
Subdivision 1. Sticker required; fee. (a) Except as
provided in paragraph (b), a person may not operate a snowmobile on a state or
grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed
to the snowmobile. The commissioner of natural resources shall issue a sticker
upon application and payment of a $15 fee. The fee for a three-year snowmobile
state trail sticker that is purchased at the time of snowmobile registration is
$30. In addition to other penalties prescribed by law, a person in violation of
this subdivision must purchase an annual state trail sticker for a fee of $30.
The sticker is valid from November 1 through April 30. Fees collected under
this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the snowmobile trails and
enforcement account in the natural resources fund and, except for the
electronic licensing system commission established by the commissioner under
section 84.027, subdivision 15, must be used for grants-in-aid, trail
maintenance, grooming, and easement acquisition.
(b) A state trail sticker is
not required under this section for:
(1) a snowmobile owned by
the state or a political subdivision of the state that is registered under
section 84.82, subdivision 5;
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5641
(2) a snowmobile that is
owned and used by the United States, another state, or a political subdivision
thereof that is exempt from registration under section 84.82, subdivision 6;
(3) a collector snowmobile
that is operated as provided in a special permit issued for the collector
snowmobile under section 84.82, subdivision 7a; or
(4) a person operating a
snowmobile only on the portion of a trail that is owned by the person or the
person's spouse, child, or parent; or
(5) a snowmobile while being
used to groom a state or grant-in-aid trail.
Sec. 8. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION PROGRAM.
Subdivision 1. Creation. The commissioner of natural resources shall
establish a program to promote the safe and responsible operation of
off-highway vehicles in a manner that does not harm the environment. The
commissioner shall coordinate the program through the regional offices of the
Department of Natural Resources.
Subd. 2. Purpose. The purpose of the program is to encourage
off-highway vehicle clubs to assist, on a volunteer basis, in improving,
maintaining, and monitoring of trails on state forest land and other public
lands.
Subd. 3. Agreements. (a) The commissioner shall enter into
informal agreements with off-highway vehicle clubs for volunteer services to
maintain, make improvements to, and monitor trails on state forest land and
other public lands. The off-highway vehicle clubs shall promote the operation
of off-highway vehicles in a safe and responsible manner that complies with the
laws and rules that relate to the operation of off-highway vehicles.
(b) The off-highway vehicle
clubs may provide assistance to the department in locating, recruiting, and
training instructors for off-highway vehicle training programs.
(c) The commissioner may
provide assistance to enhance the comfort and safety of volunteers and to
facilitate the implementation and administration of the safety and conservation
program.
Sec. 9. Minnesota Statutes
2006, section 84.925, subdivision 5, is amended to read:
Subd. 5. Training requirements. (a) An
individual who was born after July 1, 1987, and who is 16 years of age or
older, must successfully complete the independent study course component of
all-terrain vehicle safety training before operating an all-terrain vehicle on
public lands or waters, public road rights-of-way, or state or grant-in-aid
trails.
(b) An individual who is
convicted of violating a law related to the operation of an all-terrain vehicle
must successfully complete the independent study course component of
all-terrain vehicle safety training before continuing operation of an all-terrain
vehicle.
(c) An individual who is
convicted for a second or subsequent excess speed, trespass, or wetland
violation in an all-terrain vehicle season, or any conviction for careless or
reckless operation of an all-terrain vehicle, must successfully complete the
independent study and the testing and operating course components of
all-terrain vehicle safety training before continuing operation of an
all-terrain vehicle.
(d) An individual who
receives three or more citations and convictions for violating a law related to
the operation of an all-terrain vehicle in a two-year period must successfully
complete the independent study and the testing and operating course components
of all-terrain vehicle safety training before continuing operation of an all-terrain
vehicle.
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(e) An individual must
present evidence of compliance with this subdivision before an all-terrain
vehicle registration is issued or renewed.
Sec. 10. Minnesota Statutes
2006, section 84D.03, subdivision 1, is amended to read:
Subdivision 1. Infested waters; restricted activities.
(a) The commissioner shall designate a water of the state as an infested water
if the commissioner determines that:
(1) the water contains a
population of an aquatic invasive species that could spread to other waters if
use of the water and related activities are not regulated to prevent this.;
or
(2) the water is highly
likely to be infested by an aquatic invasive species because it is connected to
a water that contains a population of an aquatic invasive species.
(b) When determining which
invasive species comprise infested waters, the commissioner shall consider:
(1) the extent of a species
distribution within the state;
(2) the likely means of
spread for a species; and
(3) whether regulations
specific to infested waters containing a specific species will effectively
reduce that species' spread.
(c) The presence of common
carp and curly-leaf pondweed shall not be the basis for designating a water as
infested.
(d) The designation of
infested waters by the commissioner shall be by written order published in the
State Register. Designations are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
Sec. 11. Minnesota Statutes
2006, section 84D.12, subdivision 1, is amended to read:
Subdivision 1. Required rules. The commissioner shall
adopt rules:
(1) designating infested
waters, prohibited invasive species, regulated invasive species, and
unregulated nonnative species of aquatic plants and wild animals;
(2) governing the
application for and issuance of permits under this chapter, which rules may
include a fee schedule; and
(3) governing notification
under section 84D.08.
Sec. 12. Minnesota Statutes
2006, section 84D.12, subdivision 3, is amended to read:
Subd. 3. Expedited rules. The commissioner may
adopt rules under section 84.027, subdivision 13, that designate:
(1) prohibited invasive
species of aquatic plants and wild animals;
(2) regulated invasive
species of aquatic plants and wild animals; and
(3) unregulated nonnative
species of aquatic plants and wild animals; and.
(4) infested waters.
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Sec. 13. Minnesota Statutes
2006, section 85.015, subdivision 14, is amended to read:
Subd. 14. Gateway Trail Willard Munger
Trail System, Chisago, Ramsey, Pine, St. Louis, Carlton, and
Washington Counties. (a) The trail shall consist of six segments. One
segment shall be known as the Gateway Trail and shall originate at the
State Capitol and shall extend northerly and northeasterly to William
O'Brien State Park, thence northerly to Taylors Falls in Chisago County, and
there terminate. One segment shall be known as the Boundary Trail and
shall originate in Chisago County and extend into Duluth in St. Louis County.
One segment shall be known as the Browns Creek Trail and shall originate at
Duluth Junction and extend into Stillwater in Washington County. One segment
shall be known as the Munger Trail and shall originate at Hinckley in Pine
County and extend through Moose Lake in Carlton County to Duluth in St. Louis
County. One segment shall be known as the Alex Laveau Trail and shall originate
in Carlton County at Carlton and extend through Wrenshall to the
Minnesota-Wisconsin border. One segment shall be established that extends the
trail to include the cities of Proctor, Duluth, and Hermantown in St. Louis
County.
(b) The trail system shall
be developed primarily for hiking and nonmotorized riding.
(c) In addition to the
authority granted in subdivision 1, lands and interests in lands for the trail
Gateway and Browns Creek Trails may be acquired by eminent domain.
(d) The commissioner of
natural resources, after consulting with all local units of government affected
by the trail, and with the commissioner of transportation and the Metropolitan
Council, shall prepare a master plan for the trail. After completion of the
master plan, any land or interest in land not needed for the trail may be
disposed of by the commissioner of natural resources as follows:
(1) by transfer to the
Department of Transportation, the Historical Society, or another state agency;
(2) by sale at not less than
the purchase price to a city, town, school district, park district, or other
political subdivision whose boundaries include or are adjacent to the land, for
public purposes only, after written notice to each of these political
subdivisions; or
(3) if no offer to purchase
is received from any political subdivision within one year after the completion
of the master plan, then by public sale, at not less than the purchase price,
upon notice published in the manner provided in section 92.14, and otherwise in
the same manner as trust fund lands are sold, so far as applicable.
All proceeds derived from
sales of unneeded land and interest in land shall be deposited in the state
bond fund. For the purposes of United States Code, title 23, section 138, and
title 49, section 1653(f), any land or interest in land not needed for the
trail and transferred to another state agency, or sold, does not constitute
permanent park, recreation area, or wildlife or waterfowl refuge facility land.
Sec. 14. Minnesota Statutes
2006, section 85.053, subdivision 2, is amended to read:
Subd. 2. Requirement. Except as provided in
section 85.054, a motor vehicle may not enter a state park, state recreation area,
or state wayside over 50 acres in area, without a state park permit issued
under this section. Except for vehicles permitted under subdivisions 7,
paragraph (a), clause (2), and 8, the state park permit must be affixed to the
lower right corner windshield of the motor vehicle and must be completely
affixed by its own adhesive to the windshield, or the commissioner may, by
written order, provide an alternative means to display and validate annual
state park permits.
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Sec. 15. Minnesota Statutes
2006, section 85.053, subdivision 8, is amended to read:
Subd. 8. Military personnel on leave; exemption.
(a) The provisions of this section requiring a state park permit and
regulating its display do not apply to A one-day permit, under
subdivision 4, shall be issued without a fee for a motor vehicle being used
by a person who is serving in active military service in any branch or unit of
the United States armed forces and who is stationed outside Minnesota, during
the period of active service and for 90 days immediately thereafter, if the
person notifies presents the person's current military orders to the
park attendant on duty or other designee of the commissioner of the person's
military status at the time of usage. It is sufficient notice for the eligible
person to temporarily affix to the inside of the windshield of the vehicle in a
visible manner the person's current military orders and to carry in the
person's possession current military identification attesting to the person's
active or recent military status.
(b) For purposes of this
section, "active service" has the meaning given under section 190.05,
subdivision 5c, when performed outside Minnesota.
Sec. 16. Minnesota Statutes
2006, section 93.0015, subdivision 3, is amended to read:
Subd. 3. Expiration. Notwithstanding section
15.059, subdivision 5, or other law to the contrary, the committee expires June
30, 2007 2011.
Sec. 17. Minnesota Statutes
2006, section 93.55, subdivision 1, is amended to read:
Subdivision 1. Forfeiture; failure to record. If the
owner of a mineral interest fails to record the verified statement required by
section 93.52, before January 1, 1975, as to any interests owned on or before
December 31, 1973, or within one year after acquiring such interests as to
interests acquired after December 31, 1973, and not previously recorded
under section 93.52, the mineral interest shall forfeit to the state after
notice and opportunity for hearing as provided in this section. However, before
completing the procedures set forth in subdivision 2, the commissioner of
natural resources may lease the severed mineral interest as provided in
subdivisions 1a and 3.
Sec. 18. Minnesota Statutes
2006, section 93.55, is amended by adding a subdivision to read:
Subd. 1b. Exemption for forfeiture. Notwithstanding subdivision 1,
a severed mineral interest for which a statement was recorded as required under
section 93.52, but for which no new statement was recorded when the interest
was subsequently conveyed on or after December 31, 1969, but before July 1,
2007, is not subject to forfeiture if: (1) substantial compliance can be shown
as provided in subdivision 2, and (2) a new statement is recorded within one
year of any conveyance of ownership on or after July 1, 2007.
Sec. 19. Minnesota Statutes
2006, section 97A.015, subdivision 24, is amended to read:
Subd. 24. Game birds. "Game birds"
means migratory waterfowl, ring-necked pheasant, ruffed grouse, sharp-tailed
grouse, Canada spruce grouse, prairie chickens, gray partridge, bob-white
quail, wild turkeys, coots, gallinules, sora and Virginia rails,
mourning dove, American woodcock, and common snipe.
Sec. 20. Minnesota Statutes
2006, section 97A.015, is amended by adding a subdivision to read:
Subd. 26c. Immediately released or immediately returned to the water. "Immediately
released" or "immediately returned to the water" means that a
fish must not be retained longer than is needed at the site of capture to
unhook, identify, measure, or photograph the fish. Placing a fish on a
stringer, in a live well, or in a cooler, bucket, or other container is not
"immediately released" or "immediately returned to the
water."
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Sec. 21. Minnesota Statutes
2006, section 97A.045, is amended by adding a subdivision to read:
Subd. 12. Establishing fees. Notwithstanding section 16A.1283, the
commissioner may, by written order published in the State Register, establish
fees providing for the use of state wildlife management area or aquatic
management area lands for specific purposes, including dog trials and special
events. The fees must be set in an amount that neither significantly
overrecovers nor underrecovers costs. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
Sec. 22. Minnesota Statutes
2006, section 97A.133, is amended by adding a subdivision to read:
Subd. 66. Vermillion
Highlands Wildlife Management Area, Dakota County.
Sec. 23. Minnesota Statutes
2006, section 97A.401, subdivision 5, is amended to read:
Subd. 5. Wild animals damaging property. Special
permits may be issued with or without a fee to take protected wild animals that
are damaging property or to remove or destroy their dens, nests, eggs, houses,
or dams for the purpose of preventing or reducing damage or injury to
people, property, and agricultural crops. The commissioner may prescribe rules
for taking Canada geese and their nests and eggs, with or without a permit,
consistent with federal regulations. A special permit issued under this
subdivision to take beaver must state the number to be taken.
Sec. 24. Minnesota Statutes
2006, section 97A.405, subdivision 2, is amended to read:
Subd. 2. Personal possession. (a) A person
acting under a license or traveling from an area where a licensed activity was
performed must have in personal possession either: (1) the proper license, if
the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation, if the license has been sold
to the person by electronic means but the actual license has not been issued
and received.
(b) If possession of a
license or a license identification number is required, a person must exhibit,
as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation and a valid state
driver's license, state identification card, or other form of identification
provided by the commissioner, if the license has been sold to the person by
electronic means but the actual license has not been issued and received. A
person charged with violating the license possession requirement shall not be
convicted if the person produces in court or the office of the arresting
enforcement officer the actual license previously issued to that person, which
was valid at the time of arrest, or satisfactory proof that at the time of the
arrest the person was validly licensed. Upon request of an enforcement officer,
a licensee shall write the licensee's name in the presence of the officer to
determine the identity of the licensee.
(c) If the actual license
has been issued and received, a receipt for license fees, a copy of a license,
or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise
the rights or privileges conferred by a license.
(d) A license or stamp
issued electronically and not immediately provided to the licensee shall be
mailed to the licensee within 30 days of purchase of the license or stamp validation,
except for a pictorial turkey stamp or a pictorial trout and salmon stamp.
A pictorial turkey stamp or a pictorial, migratory waterfowl,
pheasant, or trout and salmon stamp shall be mailed provided
to the licensee after purchase of a license or stamp validation only if
the licensee pays an additional $2 fee.
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Sec. 25. Minnesota Statutes
2006, section 97A.405, subdivision 4, is amended to read:
Subd. 4. Replacement licenses. (a) The
commissioner may permit licensed deer hunters to change zone, license, or
season options. The commissioner may issue a replacement license if the
applicant submits the original deer license and unused tags that are being
replaced and the applicant pays any increase in cost between the original and
the replacement license. A refund of the difference in fees may be issued
when a person changes from a regular deer license to a youth deer license. When
a person submits both an archery and a firearms license for replacement, the
commissioner may apply the value of both licenses towards the replacement
license fee.
(b) A replacement license
may be issued only if the applicant has not used any tag from the original
license or licenses and meets the conditions of paragraph (c). The
original license or licenses and all unused tags for that license
for the licenses being replaced must be submitted to the issuing agent
at the time the replacement license is issued.
(c) A replacement license
may be issued under the following conditions, or as otherwise prescribed by
rule of the commissioner:
(1) when the season for the
license being surrendered has not yet opened; or
(2) when the person is
upgrading from a regular firearms or archery deer license to a multizone or
an all season deer license.;
(3) when the person is
upgrading from a regular firearms license to a multizone deer license; or
(4) when the person is
changing from a regular firearms deer license to a youth deer license.
(d) Notwithstanding section
97A.411, subdivision 3, a replacement license is valid immediately upon
issuance if the license being surrendered is valid at that time.
Sec. 26. Minnesota Statutes
2006, section 97A.441, subdivision 7, is amended to read:
Subd. 7. Owners or tenants of agricultural land.
(a) The commissioner may issue, without a fee, a license to take an antlerless
deer to a person who is an owner or tenant and is living and actively
farming on of at least 80 acres of agricultural land, as defined in
section 97B.001, in deer permit areas that have deer archery licenses to take
additional deer under section 97B.301, subdivision 4. A person may receive only
one license per year under this subdivision. For properties with co-owners or
cotenants, only one co-owner or cotenant may receive a license under this
subdivision per year. The license issued under this subdivision is restricted
to land leased for agricultural purposes or owned by the holder of the license
within the permit area where the qualifying land is located. The holder of the
license may transfer the license to the holder's spouse or dependent.
Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 2,
the holder of the license may purchase an additional license for taking deer
and may take an additional deer under that license.
(b) A person who obtains a
license under paragraph (a) must allow public deer hunting on their land during
that deer hunting season, with the exception of the first Saturday and Sunday during
the deer hunting season applicable to the license issued under section 97A.475,
subdivision 2, clauses (4) and (13).
Sec. 27. Minnesota Statutes
2006, section 97A.445, is amended by adding a subdivision to read:
Subd. 6. Angling; Boy Scouts and Girl Scouts Ice Fishing Weekend. A
resident over age 18 may take fish by angling without a license during one
three-day consecutive period of the winter angling season designated by the
commissioner if accompanied by a Boy Scout troop or troops or Girl Scout troop
or troops whose active members
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participating in the ice
fishing weekend are each under age 16. The resident must obtain a certificate
from the commissioner signifying permission for the group to angle in a named
body of water. During the first day of the three-day consecutive period, the
commissioner must designate an authorized representative to visit each Boy
Scout troop or troops and Girl Scout troop or troops at the named body of water
and provide educational information, including ice safety information and
angling instruction. A resident in possession of the certificate is also exempt
from any fish house and dark house licensing fees levied under section 97A.475,
subdivision 11, during the three-day period. The commissioner shall publicize
the three-day period as "Boy Scouts and Girl Scouts Ice Fishing
Weekend."
Sec. 28. Minnesota Statutes
2006, section 97A.451, subdivision 3, is amended to read:
Subd. 3. Residents under age 16; small game. (a)
A 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 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 13, 14, or 15,
possesses an apprentice hunter validation, and is accompanied by a parent or
guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
(3) (4) 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, but may not register fisher, otter, bobcat, or
pine marten unless the resident is at least age five. Any fisher, otter,
bobcat, or pine marten taken by a resident under age five must be included in
the limit of the accompanying parent or guardian.
(c) A resident under age 12
may apply for a turkey license and may take a turkey without a firearms safety
certificate if the resident is accompanied by an adult parent or guardian who
has a firearms safety certificate.
Sec. 29. Minnesota Statutes
2006, section 97A.451, subdivision 3a, is amended to read:
Subd. 3a. Nonresidents under age 16 18;
small game. (a) A nonresident under age 16 18 may obtain a
small game license at the resident fee under section 97A.475, subdivision 2,
clause (2), 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. A
nonresident age 12 or under is not required to possess a firearms safety
certificate under section 97B.020 to take small game.
Sec. 30. Minnesota Statutes
2006, section 97A.465, is amended by adding a subdivision to read:
Subd. 1a. Spouses of residents on active military duty. Notwithstanding
section 97A.405, subdivision 5, the spouse of a resident who is on active
military duty may obtain resident hunting and fishing licenses.
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Sec. 31. Minnesota Statutes
2006, section 97A.473, subdivision 3, is amended to read:
Subd. 3. Lifetime small game hunting license; fee.
(a) A resident lifetime small game hunting license authorizes a person to hunt and
trap small game in the state. The license authorizes those hunting and
trapping activities authorized by the annual resident small game hunting license
and trapping licenses. The license does not include a turkey stamp
validation or any other hunting stamps required by law.
(b) The fees for a resident
lifetime small game hunting license are:
(1) age 3 and under, $217;
(2) age 4 to age 15, $290;
(3) age 16 to age 50, $363;
and
(4) age 51 and over, $213.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies retroactively to licenses issued after
February 28, 2001.
Sec. 32. Minnesota Statutes
2006, section 97A.473, subdivision 5, is amended to read:
Subd. 5. Lifetime sporting license; fee. (a) A
resident lifetime sporting license authorizes a person to take fish by angling
and hunt and trap small game in the state. The license authorizes those
activities authorized by the annual resident angling and,
resident small game hunting, and resident trapping licenses. The license
does not include a trout and salmon stamp validation, a turkey stamp
validation, or any other hunting stamps required by law.
(b) The fees for a resident
lifetime sporting license are:
(1) age 3 and under, $357;
(2) age 4 to age 15, $480;
(3) age 16 to age 50, $613;
and
(4) age 51 and over, $413.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies retroactively to licenses issued after
February 28, 2001.
Sec. 33. Minnesota Statutes
2006, section 97A.475, subdivision 2, is amended to read:
Subd. 2. Resident hunting. Fees for the
following licenses, to be issued to residents only, are:
(1) for persons age 18 or
over and under age 65 to take small game, $12.50;
(2) for persons ages 16 and
17 and age 65 or over, $6 to take small game;
(3) to take turkey, $18;
(4) for persons age 18 or
over to take deer with firearms, $26;
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(5) for persons age 18 or
over to take deer by archery, $26;
(6) to take moose, for a
party of not more than six persons, $310;
(7) to take bear, $38;
(8) to take elk, for a party
of not more than two persons, $250;
(9) multizone license to
take antlered deer in more than one zone, $52;
(10) to take Canada geese
during a special season, $4;
(11) all season license to
take two three deer throughout the state in any open deer season,
except as restricted under section 97B.305, $78;
(12) to take prairie
chickens, $20;
(13) for persons at least
age 12 and under age 18 to take deer with firearms during the regular firearms
season in any open zone or time period, $13; and
(14) for persons at least
age 12 and under age 18 to take deer by archery, $13.
Sec. 34. Minnesota Statutes
2006, section 97A.475, subdivision 3, is amended to read:
Subd. 3. Nonresident hunting. Fees for the
following licenses, to be issued to nonresidents, are:
(1) for persons age 18
and older to take small game, $73;
(2) for persons age 18
and older to take deer with firearms, $135;
(3) for persons age 18
and older to take deer by archery, the greater of:
(i) an amount equal to the
total amount of license fees and surcharges charged to a Minnesota resident to
take deer by archery in the person's state or province of residence; or
(ii) $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoon, bobcat,
fox, or coyote, $155;
(7) multizone license to
take antlered deer in more than one zone, $270; and
(8) to take Canada geese
during a special season, $4.;
(9) for persons at least age
12 and under age 18 to take deer with firearms during the regular firearms
season in any open zone or time period, $13; and
(10) for persons at least age
12 and under age 18 to take deer by archery, $13.
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Sec. 35. Minnesota Statutes
2006, section 97A.475, subdivision 16, is amended to read:
Subd. 16. Resident hunting guides. The fee for a
resident license to guide bear hunters is $82.50 and is available only to a
Minnesota resident individual.
Sec. 36. Minnesota Statutes
2006, section 97A.505, subdivision 4, is amended to read:
Subd. 4. Storage of protected wild animals. A
person that stores protected wild animals for others must plainly mark the
package, in ink, with the name and address of the owner, the license number of
the person taking the animal, and the number and species in the package. A
person may not use a commercial cold storage warehouse for protected wild
animals, except lawfully taken fish and furs.
Sec. 37. Minnesota Statutes
2006, section 97A.511, is amended to read:
97A.511 FUR-BEARING ANIMALS.
The skins of fur-bearing animals
and the flesh of beaver, muskrat, raccoon, rabbits and hares, legally taken and
bearing the required seals or tags required by the game and fish laws, may be
bought, sold, and transported at any time. The flesh of beaver, raccoon,
rabbits, and hare may not be transported out of the state.
Sec. 38. Minnesota Statutes
2006, section 97B.015, is amended by adding a subdivision to read:
Subd. 5a. Exemption for military personnel. Notwithstanding
subdivision 5, a person who has successfully completed basic training in the
United States armed forces is exempt from the range and shooting exercise
portion of the required course of instruction for the firearms safety
certificate. The commissioner may require written proof of the person's
military training, as deemed appropriate for implementing this subdivision. The
commissioner shall publicly announce this exemption from the range and shooting
exercise requirement and the availability of the department's online, remote
study option for adults seeking firearms safety certification. Military
personnel are not exempt from any other requirement of this section for
obtaining a firearms safety certificate.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to applications for certificates
made on or after that date.
Sec. 39. Minnesota Statutes
2006, section 97B.020, is amended to read:
97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
(a) Except as provided in
this section and section 97A.451, subdivision 3a, a person born after December
31, 1979, may not obtain an annual license to take wild animals by firearms
unless the person has:
(1) a firearms safety
certificate or equivalent certificate;
(2) a driver's license or
identification card with a valid firearms safety qualification indicator issued
under section 171.07, subdivision 13;
(3) a previous hunting
license with a valid firearms safety qualification indicator; or
(4) an apprentice hunter
validation issued under section 97B.022; or
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(4) (5) other evidence indicating
that the person has completed in this state or in another state a hunter safety
course recognized by the department under a reciprocity agreement or certified
by the department as substantially similar.
(b) A person who is on
active duty and has successfully completed basic training in the United States
armed forces, reserve component, or National Guard may obtain a hunting license
or approval authorizing hunting regardless of whether the person is issued a
firearms safety certificate.
(c) A person born after
December 31, 1979, may not use a lifetime license to take wild animals by
firearms, unless the person meets the requirements for obtaining an annual
license under paragraph (a) or (b).
Sec. 40. [97B.022] APPRENTICE HUNTER VALIDATION.
Subdivision 1. Definition. For the purpose of this section,
"accompanied" means to stay within a distance of another person that
permits uninterrupted visual contact and unaided verbal communication.
Subd. 2. Apprentice hunter validation requirements. A resident
born after December 31, 1979, who is age 12 or older and who does not possess a
firearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation is valid for only one license year in a lifetime.
An individual in possession of an apprentice hunter validation may hunt small
game and deer only when accompanied by an adult licensed to hunt in Minnesota
whose license was not obtained using an apprentice hunter validation. An
apprentice hunter validation holder must obtain all required licenses and
stamps.
Sec. 41. Minnesota Statutes
2006, section 97B.031, subdivision 1, is amended to read:
Subdivision 1. Firearms and ammunition that may be used to
take big game. (a) A person may take big game with a firearm only if:
(1) the rifle, shotgun, and
handgun used is a caliber of at least .23 inches;
(2) the firearm is loaded
only with single projectile ammunition;
(3) a projectile used is a
caliber of at least .23 inches and has a soft point or is an expanding bullet
type;
(4) the ammunition has a
case length of at least 1.285 inches;
(5) the muzzle-loader used
is incapable of being loaded at the breech;
(6) the smooth-bore
muzzle-loader used is a caliber of at least .45 inches; and
(7) the rifled muzzle-loader
used is a caliber of at least .40 inches.
(b) Notwithstanding
paragraph (a), clause (4), a person may take big game with a ten millimeter
cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum
cartridge, or a .50 A. E. (Action Express) handgun cartridge, or a
56-46 Spencer, 56-50 Spencer, or 56-56 Spencer cartridge.
Sec. 42. Minnesota Statutes
2006, section 97B.035, is amended by adding a subdivision to read:
Subd. 1a. Minimum draw weight. A bow used to take big game must
have a pull that meets or exceeds 30 pounds at or before full draw.
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Sec. 43. Minnesota Statutes
2006, section 97B.055, subdivision 3, is amended to read:
Subd. 3. Hunting from vehicle by disabled hunters.
(a) The commissioner may issue a special permit, without a fee, to discharge a firearm
or bow and arrow from a stationary motor vehicle to a person who obtains the
required licenses and who has a permanent or chronic physical disability
that is more substantial than discomfort from walking. The permit recipient
must be:
(1) unable to step from a
vehicle without aid of a wheelchair, crutches, braces, or other mechanical
support or prosthetic device; or
(2) unable to walk any
distance because of a permanent or chronic lung, heart, or other
internal disease that requires the person to use supplemental oxygen to
assist breathing.
(b) The permanent or
chronic physical disability must be established by medical evidence
verified in writing by a licensed physician or chiropractor. The commissioner
may request additional information from the physician or chiropractor if needed
to verify the applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate advocacy
groups, establish reasonable minimum standards for permits to be issued under
this section. In addition to providing the medical evidence of a permanent
disability, the applicant must possess a valid disability parking certificate
authorized by section 169.345 or license plates issued under section 168.021.
(c) A person issued a
special permit under this subdivision and hunting deer may take a deer of
either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another
member of a party to take an antlerless deer under section 97B.301, subdivision
3.
(d) A permit issued under
this subdivision is valid for five years.
(e) The commissioner may
deny, modify, suspend, or revoke a permit issued under this section for cause,
including a violation of the game and fish laws or rules.
(f) A person who knowingly
makes a false application or assists another in making a false application for
a permit under this section is guilty of a misdemeanor. A physician or
chiropractor who fraudulently certifies to the commissioner that a person is
permanently or chronically disabled as described in this section is
guilty of a misdemeanor.
Sec. 44. Minnesota Statutes
2006, section 97B.075, is amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
(a) A person may not take
protected wild animals, except raccoon and fox, with a firearm between the
evening and morning times established by commissioner's rule, except as
provided in this section.
(b) Big game may be taken
from one-half hour before sunrise until one-half hour after sunset.
(c) Except as otherwise
prescribed by the commissioner on or before the Saturday nearest October
8, waterfowl may be taken from one-half hour before sunrise until sunset during
the entire season prescribed by the commissioner. On the opening day of the
duck season, shooting hours for migratory game birds, except woodcock, begin at
9:00 a.m.
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Sec. 45. Minnesota Statutes
2006, section 97B.085, subdivision 3, is amended to read:
Subd. 3. Communication excepted. This section
does not prohibit the use of:
(1) one-way radio communication
between a handler and a dog.; or
(2) a remote-controlled animal
noise caller used for fox, crows, bobcat, raccoon, and coyote.
Sec. 46. [97B.086] POSSESSION OF NIGHT VISION
EQUIPMENT.
(a) A person may not possess
night vision goggle equipment while taking or attempting to take wild animals
or while having in possession, either individually or as one of a group of
persons, a firearm, bow, or other implement that could be used to take wild
animals.
(b) This section does not
apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly
made to contain a firearm that fully encloses the firearm by being zipped,
snapped, buckled, tied, or otherwise fastened without any portion of the
firearm exposed; and
(3) in the closed trunk of a
motor vehicle.
(c) This section does not
apply to a bow that is:
(1) completely encased or
unstrung; and
(2) in the closed trunk of a
motor vehicle.
(d) If the motor vehicle
under paragraph (b) or (c) does not have a trunk, the firearm or bow must be
placed in the rearmost location of the vehicle.
(e) This section does not
apply to night vision goggle equipment possessed by peace officers or military
personnel while exercising their duties.
Sec. 47. Minnesota Statutes
2006, section 97B.301, subdivision 7, is amended to read:
Subd. 7. All season deer license. (a) A resident
may obtain an all season deer license that authorizes the resident to hunt
during the archery, regular firearms, and muzzle-loader seasons. The all season
license is valid for taking three deer, no more than one of which may be a
legal buck.
(b) The all season deer
license is valid for taking antlerless deer as follows:
(1) up to two antlerless
deer may be taken during the archery or muzzle-loader seasons in any open area
or during the regular firearms season in managed or intensive deer areas; and
(2) one antlerless deer may
be taken during the regular firearms season in a lottery deer area, only with
an either-sex permit or statutory exemption from an either-sex permit. prescribed by the
commissioner.
(c) The commissioner shall
issue three tags when issuing a license under this subdivision.
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Sec. 48. Minnesota Statutes
2006, 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 at any time of year.
(c) Smokeless gunpowder may
not be used in a muzzle-loader during the muzzle-loader season.
Sec. 49. Minnesota Statutes
2006, section 97B.318, subdivision 1, is amended to read:
Subdivision 1. Shotgun use area. During the regular
firearms season in the shotgun use area, only legal shotguns loaded with
single-slug shotgun shells, legal muzzle-loading long guns, and legal handguns
may be used for taking deer. Legal shotguns include those with rifled barrels.
The shotgun use area is that portion of the state lying within the following
described boundary: Beginning on the west boundary of the state at U.S.
Highway 10; thence along U.S. Highway 10 the northern boundary of Clay
County; thence along the northern boundary of Clay County to State Trunk
Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to
Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway
(CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County;
thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH
6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along
CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence
along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22
to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27
to the Mississippi River; thence along the east bank of the Mississippi River
to STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway
8; thence along U.S. Highway 8 to the eastern boundary of the state; thence
along the east, south, and west boundaries of the state to the point of
beginning.
Sec. 50. Minnesota Statutes
2006, section 97B.327, is amended to read:
97B.327 REPORT; DEER OTHER THAN WHITE-TAILED OR MULE.
A hunter legally taking a
deer that is not a white-tailed or mule deer must report the type of deer taken
to the commissioner of natural resources within seven days of taking. Violation
of this section shall not result in a penalty and is not subject to section
97A.301 will result in a civil penalty of $100.
Sec. 51. [97B.328] BAITING PROHIBITED.
A person may not hunt deer
(1) with the aid or use of bait, (2) in the vicinity of bait if the person
knows or has reason to know that bait is present, or (3) in the vicinity of
where the person has placed bait or caused bait to be placed within the
previous ten days. This restriction does not apply to food resulting from
normal or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities, and does not prohibit
an adjacent landowner, who has not participated in or agreed to feeding
wildlife on the adjacent land, from taking a deer during the hunting season on
the adjacent landowner's land.
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Sec. 52. Minnesota Statutes
2006, section 97B.715, subdivision 1, is amended to read:
Subdivision 1. Stamp required. (a) Except as provided
in paragraph (b) or section 97A.405, subdivision 2, a person required to
possess a small game license may not hunt pheasants without:
(1) a pheasant stamp in
possession; and
(2) a pheasant stamp validation
on the small game license when issued electronically.
(b) The following persons
are exempt from this subdivision:
(1) residents under age 18
or over age 65;
(2) persons hunting on
licensed commercial shooting preserves; and
(3) resident disabled
veterans with a license issued under section 97A.441, subdivision 6a.
Sec. 53. Minnesota Statutes
2006, section 97B.801, is amended to read:
97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.
(a) Except as provided in
this section or section 97A.405, subdivision 2, a person required to possess a
small game license may not take migratory waterfowl without:
(1) a Minnesota migratory
waterfowl stamp in possession; and
(2) a migratory waterfowl stamp
validation on the small game license when issued electronically.
(b) Residents under age 18
or over age 65; resident disabled veterans with a license issued under section
97A.441, subdivision 6a; and persons hunting on their own property are not
required to possess a stamp or a license validation under this section.
Sec. 54. Minnesota Statutes
2006, section 97B.928, subdivision 1, is amended to read:
Subdivision 1. Information required. (a) A person may
not set or place a trap or snare, other than on property owned or occupied by
the person, unless the following information is affixed to the trap or snare in
a manner that ensures that the information remains legible while the trap or
snare is on the lands or waters:
(1) the number and state of
the person's driver's license;
(2) the person's Minnesota
identification card number; or
(3) the person's name and
mailing address.; or
(4) the license
identification number issued by the Department of Natural Resources.
(b) The commissioner may not
prescribe additional requirements for identification of traps or snares.
(c) Until March 1, 2013, the
driver's license number under paragraph (a), clause (1), may be the person's
previously issued Minnesota driver's license number.
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Sec. 55. Minnesota Statutes
2006, section 97C.325, is amended to read:
97C.325 PROHIBITED METHODS OF RESTRICTIONS ON TAKING FISH.
(a) Except as specifically
authorized, a person may not take fish with:
(1) explosives, chemicals,
drugs, poisons, lime, medicated bait, fish berries, or other similar
substances;
(2) substances or devices
that kill, stun, or affect the nervous system of fish;
(3) nets, traps, trot lines,
or snares; or
(4) spring devices that
impale, hook, or capture fish.
(b) If a person possesses a
substance or device listed in paragraph (a) on waters, shores, or islands, it is
presumptive evidence that the person is in violation of this section.
(c) The commissioner may, by
rule, allow the use of a nonmotorized device with a recoil mechanism to take
fish through the ice.
(d) To protect water quality
or improve habitat for fish or wildlife, the commissioner may prescribe
restrictions on fishing seasons, limits, or methods on specific bodies of
water.
Sec. 56. Minnesota Statutes
2006, section 97C.335, is amended to read:
97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.
A person may not use
artificial lights to lure or attract fish or to see fish in the water while
spearing, except that while angling or spearing, a person may:
(1) affix to the end of a
fishing line a lighted artificial bait with hooks attached to the end of
a fishing line; or
(2) use a lighted decoy for
spearing.
Any battery that is used in
lighted fishing lures cannot contain any intentionally introduced mercury.
Sec. 57. Minnesota Statutes
2006, section 97C.355, subdivision 8, is amended to read:
Subd. 8. Confiscation of unlawful structures;
civil penalty. (a) Structures on the ice in violation of this
section may be confiscated and disposed of, retained by the division, or sold
at the highest price obtainable, in a manner prescribed by the commissioner.
(b) In addition to other
penalties provided by law, the owner of a structure left on the ice in
violation of this section is subject to a civil penalty under section 115A.99.
Sec. 58. Minnesota Statutes 2006,
section 97C.371, is amended by adding a subdivision to read:
Subd. 5. Sucker season. Notwithstanding any other law to the
contrary, the commissioner may allow spearing and dip netting of sucker before
May 1 when weather conditions warrant it and the earlier season would not
interfere with spawning of other fish. The commissioner must post notice of the
earlier spring opening by both print and electronic means. Regional fisheries
chiefs in any of the department's regions may recommend the earlier spring
opening for sucker spearing and dip netting to the commissioner.
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Sec. 59. [97C.417] REPORTING ASIAN CARP.
A person who takes any of
the following Asian carp species must report the type of carp taken to the
commissioner within seven days of taking:
(1) grass carp
(Ctenopharyngodon idella);
(2) bighead carp
(Hypophthalmichthys nobilis); or
(3) silver carp
(Hypophthalmichthys molitrix).
Sec. 60. Minnesota Statutes
2006, 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 to a maximum of 50 25 residents. To qualify for licensing,
a resident must have landed fish in the previous year with a value of at least
$1,500, and must have engaged in commercial fishing for at least 30 days of the
previous year. An applicant may be issued a license, at the discretion of the
commissioner, if failure to meet 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 five of the previous ten years.
(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 an apprentice in a Minnesota Lake Superior licensed commercial fishing
operation.
Sec. 61. Minnesota Statutes
2006, section 97C.835, subdivision 2, is amended to read:
Subd. 2. Types of fish permitted. Lake trout,
ciscoes, chubs, alewives, lake whitefish, round whitefish, pygmy whitefish,
rainbow smelt, and rough fish may be taken by licensed commercial fishing
operators from Lake Superior, in accordance with this section.
Sec. 62. Minnesota Statutes
2006, section 97C.835, subdivision 3, is amended to read:
Subd. 3. Pound nets and trap nets. Pound or trap
nets may be used to take lake whitefish, round whitefish, pygmy
whitefish, ciscoes, chubs, alewives, rainbow smelt, and rough fish in Lake
Superior, including St. Louis Bay east of the U.S. Highway 53 bridge,
under the rules prescribed by the commissioner.
Sec. 63. Minnesota Statutes
2006, section 97C.835, subdivision 8, is amended to read:
Subd. 8. Special permits. The commissioner may
issue special permits to duly licensed commercial fishing operators not
exceeding 20 in number, for the purpose of taking lake trout, ciscoes,
and lake whitefish spawn during the closed season for the propagation of
trout in Lake Superior and adjacent waters under rules prescribed by the
commissioner.
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Sec. 64. [97C.836] LAKE SUPERIOR LAKE TROUT
EXPANDED ASSESSMENT HARVEST.
The commissioner shall
provide for taking of lake trout by licensed commercial operators in Lake
Superior management zones MN-3 and MN-2 for expanded assessment and sale. The
commissioner shall authorize expanded assessment taking and sale of lake trout
in Lake Superior management zone MN-3 beginning in 2007 and zone MN-2 beginning
in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in
zone MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary
to protect the lake trout population or to manage the effects of invasive
species or fish disease. Taking lake trout for expanded assessment and sale
shall be allowed from June 1 to September 30, but may end earlier in the
respective zones if the quotas are reached. The quotas must be reassessed at
the expiration of the current ten-year Fisheries Management Plan for the
Minnesota Waters of Lake Superior dated September 2006.
Sec. 65. Minnesota Statutes
2006, section 103G.291, subdivision 3, is amended to read:
Subd. 3. Emergency Water supply plans;
demand reduction. (a) Every public water supplier serving more than 1,000
people must submit an emergency and conservation a water supply
plan to the commissioner for approval by January 1, 1996. In accordance with
guidelines developed by the commissioner, the plan must address projected
demands, adequacy of the water supply system and planned improvements, existing
and future water sources, natural resource impacts or limitations, emergency
preparedness, water conservation, supply and demand reduction measures,
and allocation priorities and must identify alternative sources of water for
use in an emergency that are consistent with section 103G.261.
Public water suppliers must update the their plan and, upon
notification, submit it to the commissioner for approval every ten years.
(b) The water supply plan in
paragraph (a) is required for all communities in the metropolitan area, as defined
in section 473.121, with a municipal water supply system and is a required
element of the local comprehensive plan required under section 473.859. Water
supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section
473.1565, subdivision 1, paragraph (a), clause (2).
(b) (c) Public water suppliers
serving more than 1,000 people must employ water use demand reduction measures
before requesting approval from the commissioner of health under section
144.383, paragraph (a), to construct a public water supply well or requesting
an increase in the authorized volume of appropriation. Demand reduction
measures must include evaluation of conservation rate structures and a public
education program that may include a toilet and showerhead retrofit program.
(c) (d) Public water suppliers
serving more than 1,000 people must submit records that indicate the number of
connections and amount of use by customer category and volume of water
unaccounted for with the annual report of water use required under section
103G.281, subdivision 3.
(d) (e) For the purposes of this
subdivision, "public water supplier" means an entity that owns,
manages, or operates a public water supply, as defined in section 144.382,
subdivision 4.
Sec. 66. Minnesota Statutes
2006, section 103G.311, subdivision 2, is amended to read:
Subd. 2. Hearing notice. (a) The hearing notice
on an application must state include:
(1) the date, place, and
time fixed by the commissioner for the hearing; and
(2) the waters affected, the
water levels sought to be established, or control structures proposed; and
(3) the matters prescribed
by sections 14.57 to 14.59 and rules adopted thereunder.
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(b) A summary of the
hearing notice must be published by the commissioner at the expense of the
applicant or, if the proceeding is initiated by the commissioner in the absence
of an applicant, at the expense of the commissioner.
(c) The summary of the hearing
notice must be:
(1) published once a week
for two successive weeks before the day of hearing in a legal newspaper
published in the county where any part of the affected waters is located;
and
(2) mailed by the
commissioner to the county auditor, the mayor of a municipality, the watershed
district, and the soil and water conservation district affected by the
application; and
(3) made under requirements prescribed
by sections 14.57 to 14.59 and rules of the chief administrative law judge.
Sec. 67. Minnesota Statutes
2006, section 282.04, subdivision 1, is amended to read:
Subdivision 1. Timber sales; land leases and uses. (a)
The county auditor may sell timber upon any tract that may be approved by the
natural resources commissioner. The sale of timber shall be made for cash at
not less than the appraised value determined by the county board to the highest
bidder after not less than one week's published notice in an official paper
within the county. Any timber offered at the public sale and not sold may
thereafter be sold at private sale by the county auditor at not less than the
appraised value thereof, until the time as the county board may withdraw the
timber from sale. The appraised value of the timber and the forestry practices
to be followed in the cutting of said timber shall be approved by the
commissioner of natural resources.
(b) Payment of the full sale
price of all timber sold on tax-forfeited lands shall be made in cash at the
time of the timber sale, except in the case of oral or sealed bid auction
sales, the down payment shall be no less than 15 percent of the appraised
value, and the balance shall be paid prior to entry. In the case of auction
sales that are partitioned and sold as a single sale with predetermined cutting
blocks, the down payment shall be no less than 15 percent of the appraised
price of the entire timber sale which may be held until the satisfactory
completion of the sale or applied in whole or in part to the final cutting
block. The value of each separate block must be paid in full before any cutting
may begin in that block. With the permission of the county contract
administrator the purchaser may enter unpaid blocks and cut necessary timber
incidental to developing logging roads as may be needed to log other blocks
provided that no timber may be removed from an unpaid block until separately
scaled and paid for. If payment is provided as specified in this paragraph as
security under paragraph (a) and no cutting has taken place on the contract,
the county auditor may credit the security provided, less any down payment
required for an auction sale under this paragraph, to any other contract issued
to the contract holder by the county under this chapter to which the contract
holder requests in writing that it be credited, provided the request and
transfer is made within the same calendar year as the security was received.
(c) The county board may require
final settlement on the basis of a scale of cut products sell any
timber, including biomass, as appraised or scaled. Any parcels of land from
which timber is to be sold by scale of cut products shall be so designated in
the published notice of sale under paragraph (a), in which case the notice
shall contain a description of the parcels, a statement of the estimated
quantity of each species of timber, and the appraised price of each species of
timber for 1,000 feet, per cord or per piece, as the case may be. In those
cases any bids offered over and above the appraised prices shall be by
percentage, the percent bid to be added to the appraised price of each of the
different species of timber advertised on the land. The purchaser of timber
from the parcels shall pay in cash at the time of sale at the rate bid for all
of the timber shown in the notice of sale as estimated to be standing on the
land, and in addition shall pay at the same rate for any additional amounts
which the final scale shows to have been cut or was available for cutting on
the land at the time of sale under the terms of the sale. Where the final scale
of cut products shows that less timber was cut or was available for cutting
under terms of the sale than was originally paid for, the excess payment shall
be refunded from the forfeited tax sale fund upon the claim of the
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purchaser, to be audited and allowed by the county
board as in case of other claims against the county. No timber, except hardwood
pulpwood, may be removed from the parcels of land or other designated landings
until scaled by a person or persons designated by the county board and approved
by the commissioner of natural resources. Landings other than the parcel of
land from which timber is cut may be designated for scaling by the county board
by written agreement with the purchaser of the timber. The county board may, by
written agreement with the purchaser and with a consumer designated by the
purchaser when the timber is sold by the county auditor, and with the approval
of the commissioner of natural resources, accept the consumer's scale of cut
products delivered at the consumer's landing. No timber shall be removed until
fully paid for in cash. Small amounts of timber not exceeding $3,000 in
appraised valuation may be sold for not less than the full appraised value at
private sale to individual persons without first publishing notice of sale or
calling for bids, provided that in case of a sale involving a total appraised
value of more than $200 the sale shall be made subject to final settlement on
the basis of a scale of cut products in the manner above provided and not more
than two of the sales, directly or indirectly to any individual shall be in
effect at one time.
(d) As directed by the
county board, the county auditor may lease tax-forfeited land to individuals,
corporations or organized subdivisions of the state at public or private sale,
and at the prices and under the terms as the county board may prescribe, for
use as cottage and camp sites and for agricultural purposes and for the purpose
of taking and removing of hay, stumpage, sand, gravel, clay, rock, marl, and
black dirt from the land, and for garden sites and other temporary uses
provided that no leases shall be for a period to exceed ten years; provided,
further that any leases involving a consideration of more than $12,000 per
year, except to an organized subdivision of the state shall first be offered at
public sale in the manner provided herein for sale of timber. Upon the sale of
any leased land, it shall remain subject to the lease for not to exceed one
year from the beginning of the term of the lease. Any rent paid by the lessee
for the portion of the term cut off by the cancellation shall be refunded from
the forfeited tax sale fund upon the claim of the lessee, to be audited and
allowed by the county board as in case of other claims against the county.
(e) As directed by the
county board, the county auditor may lease tax-forfeited land to individuals,
corporations, or organized subdivisions of the state at public or private sale,
at the prices and under the terms as the county board may prescribe, for the
purpose of taking and removing for use for road construction and other purposes
tax-forfeited stockpiled iron-bearing material. The county auditor must
determine that the material is needed and suitable for use in the construction
or maintenance of a road, tailings basin, settling basin, dike, dam, bank fill,
or other works on public or private property, and that the use would be in the
best interests of the public. No lease shall exceed ten years. The use of a
stockpile for these purposes must first be approved by the commissioner of
natural resources. The request shall be deemed approved unless the requesting
county is notified to the contrary by the commissioner of natural resources
within six months after receipt of a request for approval for use of a
stockpile. Once use of a stockpile has been approved, the county may continue
to lease it for these purposes until approval is withdrawn by the commissioner
of natural resources.
(f) The county auditor, with
the approval of the county board is authorized to grant permits, licenses, and
leases to tax-forfeited lands for the depositing of stripping, lean ores, tailings,
or waste products from mines or ore milling plants, upon the conditions and for
the consideration and for the period of time, not exceeding 15 years, as the
county board may determine. The permits, licenses, or leases are subject to
approval by the commissioner of natural resources.
(g) Any person who removes
any timber from tax-forfeited land before said timber has been scaled and fully
paid for as provided in this subdivision is guilty of a misdemeanor.
(h) The county auditor may,
with the approval of the county board, and without first offering at public
sale, grant leases, for a term not exceeding 25 years, for the removal of peat
and for the production or removal of farm-grown closed-loop biomass as defined
in section 216B.2424, subdivision 1, or short-rotation woody crops from
tax-forfeited lands upon the terms and conditions as the county board may
prescribe. Any lease for the removal of peat,
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farm-grown closed-loop
biomass, or short-rotation woody crops from tax-forfeited lands must first be
reviewed and approved by the commissioner of natural resources if the lease
covers 320 or more acres. No lease for the removal of peat, farm-grown
closed-loop biomass, or short-rotation woody crops shall be made by the county
auditor pursuant to this section without first holding a public hearing on the
auditor's intention to lease. One printed notice in a legal newspaper in the
county at least ten days before the hearing, and posted notice in the
courthouse at least 20 days before the hearing shall be given of the hearing.
(i) Notwithstanding any
provision of paragraph (c) to the contrary, the St. Louis County auditor may,
at the discretion of the county board, sell timber to the party who bids the
highest price for all the several kinds of timber, as provided for sales by the
commissioner of natural resources under section 90.14. Bids offered over and
above the appraised price need not be applied proportionately to the appraised
price of each of the different species of timber.
(j) In lieu of any payment
or deposit required in paragraph (b), as directed by the county board and under
terms set by the county board, the county auditor may accept an irrevocable
bank letter of credit in the amount equal to the amount otherwise determined in
paragraph (b). If an irrevocable bank letter of credit is provided under this
paragraph, at the written request of the purchaser, the county may periodically
allow the bank letter of credit to be reduced by an amount proportionate to the
value of timber that has been harvested and for which the county has received
payment. The remaining amount of the bank letter of credit after a reduction
under this paragraph must not be less than 20 percent of the value of the
timber purchased. If an irrevocable bank letter of credit or cash deposit is
provided for the down payment required in paragraph (b), and no cutting of
timber has taken place on the contract for which a letter of credit has been provided,
the county may allow the transfer of the letter of credit to any other contract
issued to the contract holder by the county under this chapter to which the
contract holder requests in writing that it be credited.
Sec. 68. Minnesota Statutes
2006, section 394.36, is amended by adding a subdivision to read:
Subd. 5. Ownership of nonconforming parcel not relevant. A county
must not make a permit or other approval for use, development, or sale or other
disposition of a nonconforming lot or parcel of land dependent on the
ownership, or the relationship of the buyer to the seller, of the lot or
parcel.
Sec. 69. Minnesota Statutes
2006, section 462.357, subdivision 1e, is amended to read:
Subd. 1e. Nonconformities. (a) Any nonconformity,
including the lawful use or occupation of land or premises existing at the time
of the adoption of an additional control under this chapter, may be continued,
including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, unless:
(1) the nonconformity or
occupancy is discontinued for a period of more than one year; or
(2) any nonconforming use is
destroyed by fire or other peril to the extent of greater than 50 percent of
its market value, and no building permit has been applied for within 180 days
of when the property is damaged. In this case, a municipality may impose
reasonable conditions upon a building permit in order to mitigate any newly
created impact on adjacent property.
(b) Any subsequent use or
occupancy of the land or premises shall be a conforming use or occupancy. A
municipality may, by ordinance, permit an expansion or impose upon
nonconformities reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision does not
prohibit a municipality from enforcing an ordinance that applies to adults-only
bookstores, adults-only theaters, or similar adults-only businesses, as defined
by ordinance.
(c) Notwithstanding
paragraph (a), a municipality shall regulate the repair, replacement,
maintenance, improvement, or expansion of nonconforming uses and structures in
floodplain areas to the extent necessary to maintain eligibility in the
National Flood Insurance Program and not increase flood damage potential or increase
the degree of obstruction to flood flows in the floodway.
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(d) A municipality must not
make a permit or other approval for use, development, or sale or disposition of
a nonconforming lot or parcel of land dependent on the ownership, or the
relationship of the buyer to the seller, of the lot or parcel.
Sec. 70. Minnesota Statutes
2006, section 473.1565, subdivision 1, is amended to read:
Subdivision 1. Planning activities. (a) The
Metropolitan Council must carry out planning activities addressing the water
supply needs of the metropolitan area as defined in section 473.121,
subdivision 2. The planning activities must include, at a minimum:
(1) development and
maintenance of a base of technical information needed for sound water supply
decisions including surface and groundwater availability analyses, water demand
projections, water withdrawal and use impact analyses, modeling, and similar
studies;
(2) development and periodic
update of a metropolitan area master water supply plan, prepared in
cooperation with and subject to the approval of the commissioner of natural
resources, that:
(i) provides guidance for
local water supply systems and future regional investments;
(ii) emphasizes
conservation, interjurisdictional cooperation, and long-term sustainability;
and
(iii) addresses the
reliability, security, and cost-effectiveness of the metropolitan area water
supply system and its local and subregional components;
(3) recommendations for
clarifying the appropriate roles and responsibilities of local, regional, and
state government in metropolitan area water supply;
(4) recommendations for
streamlining and consolidating metropolitan area water supply decision-making
and approval processes; and
(5) recommendations for the
ongoing and long-term funding of metropolitan area water supply planning
activities and capital investments.
(b) The council must carry
out the planning activities in this subdivision in consultation with the
Metropolitan Area Water Supply Advisory Committee established in subdivision 2.
Sec. 71. Minnesota Statutes
2006, section 473.859, subdivision 3, is amended to read:
Subd. 3. Public facilities plan. A public
facilities plan shall describe the character, location, timing, sequence,
function, use and capacity of existing and future public facilities of the
local governmental unit. A public facilities plan must be in at least such
detail as may be necessary to establish existing or potential effects on or
departures from metropolitan system plans and to protect metropolitan system
plans. A public facilities plan shall contain at least the following parts:
(1) a transportation plan
describing, designating and scheduling the location, extent, function and capacity
of existing and proposed local public and private transportation services and
facilities;
(2) a sewer policy plan
describing, designating and scheduling the areas to be sewered by the public
system, the existing and planned capacities of the public system, the standards
and conditions under which the installation of private sewer systems will be
permitted, and to the extent practicable, the areas not suitable for public or
private systems because of public health, safety and welfare considerations;
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(3) a parks and open space
plan describing, designating and scheduling the existing and proposed parks and
recreation open spaces within the jurisdiction; and
(4) a water supply plan including:
as described in section 103G.291, subdivision 3.
(i) a description of the
existing water supply system, including the source of water, well and treatment
plant locations, and major supply lines; an inventory of commercial and
industrial users; an indication of the community's intent to make future
changes or additions to the system, including projections for population and
industrial and commercial use and the methods by which this growth will be served;
(ii) a statement of the
community's objectives, policies, and standards for operating the water supply
system;
(iii) a conservation program
that contains the goals of the program, demand and supply conservation
techniques to be used, an evaluation of pricing methods that could be used to
reduce demand, the conditions under which conservation actions would occur, a
process for reducing nonessential uses according to the priority system under
section 103G.261, and the education program that will be used to inform the
public of the need to conserve and the methods available to achieve
conservation;
(iv) an emergency
preparedness or contingency plan, as described in section 103G.291, subdivision
3;
(v) an indication of the
possibility for joint efforts with neighboring communities or other public
entities for sharing water sources and treatment, interconnection for routine
or emergency supply, pursuit of alternative supplies, and water source
protection;
(vi) a statement of the
water supply problems that the community experiences or expects to experience
and any proposed solutions, especially those that would impact other
communities or the region; and
(vii) a wellhead protection
plan prepared in accordance with rules adopted by the commissioner of health
under section 103I.101, subdivision 5, clause (9).
Sec. 72. Laws 2006, chapter
236, article 1, section 21, is amended to read:
Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE
SALE; ITASCA COUNTY.
(a) For the purpose of a
land exchange for use in connection with a proposed steel mill in Itasca County
referenced in Laws 1999, chapter 240, article 1, section 8, subdivision 3,
title examination and approval of the land described in paragraph (b) shall be
undertaken as a condition of exchange of the land for class B land, and shall
be governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and
the provisions of this section. Notwithstanding the evidence of title
requirements in Minnesota Statutes, section 94.344, subdivisions 9 and 10, the
county attorney shall examine one or more title reports or title insurance
commitments prepared or underwritten by a title insurer licensed to conduct
title insurance business in this state, regardless of whether abstracts were
created or updated in the preparation of the title reports or commitments. The
opinion of the county attorney, and approval by the attorney general, shall be
based on those title reports or commitments.
(b) The land subject to this
section is located in Itasca County and is described as:
(1) Sections 3, 4, 7, 10,
14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 56 North, Range 22
West;
(2) Sections 3, 4, 9, 10,
13, and 14, Township 56 North, Range 23 West;
(3) Section 30, Township 57
North, Range 22 West; and
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(4) Sections 25, 26, 34, 35,
and 36, Township 57 North, Range 23 West.
(c) Riparian land given in
exchange by Itasca County for the purpose of the steel mill referenced in
paragraph (a), is exempt from the restrictions imposed by Minnesota Statutes,
section 94.342, subdivision 3.
(d) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, by
private sale, any land received in exchange for the purpose of the steel mill
referenced in paragraph (a), under the remaining provisions of Minnesota
Statutes, chapter 282. The sale must be in a form approved by the attorney
general.
(e) Notwithstanding
Minnesota Statutes, section 284.28, subdivision 8, or any other law to the
contrary, land acquired through an exchange under this section is exempt from
payment of three percent of the sales price required to be collected by the
county auditor at the time of sale for deposit in the state treasury.
Sec. 73. ADDITIONS TO STATE PARKS.
Subdivision 1. [85.012] [Subd. 16.] Flandrau State Park, Brown County. The
following area is added to Flandrau State Park, Brown County: that part of Lot
2, Block One, Conklin Addition in the city of New Ulm, Brown County, Minnesota,
according to the plat of record in the Office of the County Recorder, Brown
County, Minnesota, described as follows: beginning at the southerly most corner
of Lot 2, Block One, Conklin Addition in the city of New Ulm, Brown County,
Minnesota; thence North 55 degrees 29 minutes 26 seconds East (assumed bearing)
along the southeasterly line of said Lot 2 a distance of 107.92 feet; thence
South 60 degrees 45 minutes 57 seconds West a distance of 102.48 feet to the
westerly line of Lot 2; thence South 02 degrees 33 minutes 23 seconds East
along said westerly line of Lot 2 a distance of 11.10 feet to the point of
beginning; containing 508 square feet, more or less, and subject to easements
of record in said County and State.
Subd. 2. [85.012] [Subd. 59.] Whitewater State Park, Winona County. The
following area is added to Whitewater State Park, Winona County: that part of
the Southeast Quarter of Section 18, Township 107 North, Range 10 West, Winona
County, Minnesota, described as follows: commencing at the southwest corner of
the Northwest Quarter of Section 17, Township 107 North, Range 10 West; thence
on an assumed bearing of South 89 degrees 26 minutes 39 seconds East along the
south line of said Northwest Quarter, 303.04 feet; thence continue South 89
degrees 26 minutes 39 seconds East along said south line 1327.79 feet; thence
South 00 degrees 33 minutes 21 seconds West, 300.00 feet; thence North 89
degrees 26 minutes 39 seconds West parallel with said south line, 1027.83 feet;
thence South 00 degrees 33 minutes 21 seconds West, 300.00 feet; thence North
89 degrees 26 minutes 39 seconds West parallel with said south line, 597 feet,
more or less, to the intersection with the east line of the Southeast Quarter
of said Section 18 being also the POINT OF BEGINNING; thence North 89 degrees
26 minutes 39 seconds West parallel with said south line, 330 feet, more or
less, to the centerline of a township road; thence North 16 degrees 01 minutes
55 seconds West along said centerline, 170.44 feet; thence northwesterly along
said centerline on a tangential curve concave southwesterly, having a central
angle of 10 degrees 57 minutes 52 seconds, radius of 2426.00 feet, for an arc
length of 464.25 feet to the north line of said Southeast Quarter of Section
18; thence North 89 degrees 48 minutes 48 seconds East along the north line of
said Southeast Quarter, 547.06 feet to the southwest corner of said Northwest
Quarter; thence South 00 degrees East, a distance of 600 feet, more or less,
along the said east line to the POINT OF BEGINNING. Containing 5.78 acres, more
or less.
Sec. 74. DELETIONS FROM STATE PARKS.
[85.012] [Subd. 16.] Flandrau State Park, Brown
County. The following area is
deleted from Flandrau State Park, Brown County: that part of Outlot 293 in the
city of New Ulm, according to the Plat of the City of New Ulm, of record in the
Office of the County Recorder, Brown County, Minnesota, described as follows:
commencing at the southerly most corner of Lot 2, Block One, Conklin Addition
in the city of New Ulm, Brown County, Minnesota; thence North 55 degrees 29
minutes 26 seconds East (assumed bearing), along the southeasterly line of said
Lot 2, a
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distance of 107.92 feet to the point of beginning;
thence continuing North 55 degrees 29 minutes 26 seconds East, along said
southerly line of Lot 2, a distance of 80.95 feet, to the easterly most corner
of said Lot 2; thence South 19 degrees 33 minutes 58 seconds East, along the
southeasterly prolongation of the easterly line of said Lot 2, a distance of
10.0 feet; thence South 62 degrees 31 minutes 07 seconds West, 78.97 feet to
the point of beginning, containing 391 square feet, more or less, and subject
to easement of record in said county and state.
Sec. 75. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; AITKIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Aitkin County and is described as follows:
(1) Government Lot 3,
Section 24, Township 50 North, Range 25 West, containing 5.8 acres, more or
less; and
(2) Government Lot 4,
Section 24, Township 50 North, Range 25 West, containing 0.9 acres, more or
less.
(d) The land borders the
Willow River and is not contiguous to other state lands. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 76. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; AITKIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Aitkin County and is described as follows: Government Lot 2,
Section 8, Township 48 North, Range 25 West, containing 34.6 acres, more or
less.
(d) The land borders Gun
Lake. The Department of Natural Resources has determined that school trust
management interests would best be served if the land was sold.
Sec. 77. PUBLIC SALE OF CONSOLIDATED CONSERVATION
LAND BORDERING PUBLIC WATER; AITKIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, and the classification provisions of
Minnesota Statutes, chapters 84A and 282, Aitkin County may sell by public sale
the consolidated conservation land bordering public water that is described in paragraph
(c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Aitkin County and is described as follows: Government Lot 1,
Section 7, Township 47 North, Range 26 West, containing 1.25 acres, more or
less.
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(d) The land borders the
Mississippi River and is not contiguous to other state lands. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 78. PRIVATE SALE OF CONSOLIDATED
CONSERVATION LAND; AITKIN COUNTY.
(a) Notwithstanding the
classification and public sale provisions of Minnesota Statutes, chapters 84A
and 282, the commissioner of natural resources may sell by private sale the
consolidated conservation land that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The consideration for the conveyance must be for no less than the
appraised value of the land and timber and survey costs. Proceeds shall be
disposed of according to Minnesota Statutes, chapter 84A.
(c) The land that may be
sold is located in Aitkin County and is described as follows: the North 370
feet of the East 590 feet of the Southeast Quarter of the Northeast Quarter,
Section 24, Township 48 North, Range 24 West, containing 5.0 acres, more or
less.
(d) The land will be sold
"as is" to the current leaseholder who will assume responsibility for
any site cleanup needed due to the use of the land for a concrete plant by the
previous leaseholder. The Department of Natural Resources has determined that
the land is not needed for natural resource purposes.
Sec. 79. PUBLIC SALE OF CONSOLIDATED CONSERVATION
LAND; AITKIN COUNTY.
(a) Notwithstanding the classification
provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell
by public sale the consolidated conservation land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Aitkin County and is described as follows: the Northeast
Quarter of the Northeast Quarter, Section 21, Township 47 North, Range 26 West,
containing 40 acres, more or less.
(d) The land is not
contiguous to other state lands. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
Sec. 80. CONVEYANCE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; BELTRAMI COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may convey to a governmental subdivision of the state for no
payment the surplus land bordering public water that is described in paragraph
(c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The conveyance must provide that the land described in paragraph (c)
be used for the public and reverts to the state if the governmental subdivision
fails to provide for public use or abandons the public use of the land.
(c) The land that may be
conveyed is located in Beltrami County and is described as follows: that part
of Government Lot 3, Section 4, Township 146 North, Range 34 West, described as
follows: starting from meander corner number 4, which is located on the north
section line of Section 4, Township 146 North, Range 34 West,
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1518.0 feet in an easterly direction from the
northwest corner of said section; thence South 16 degrees 17 minutes East a
distance of 131.6 feet; thence South 46 degrees 35 minutes East a distance of
206.8 feet; thence South 6 degrees 37 minutes East a distance of 89.4 feet;
thence South 14 degrees 32 minutes East a distance of 139.0 feet; thence South
10 degrees 34 minutes West a distance of 221.5 feet; thence South 83 degrees 46
minutes West a distance of 178.5 feet to the starting point; thence South 47
degrees 15 minutes West a distance of 275.0 feet; thence South 38 degrees 53
minutes East a distance of 285.7 feet; thence North 61 degrees 27 minutes East
a distance of 122.0 feet; thence North 73 degrees 47 minutes East a distance of
300.0 feet; thence North 12 degrees 40 minutes West a distance of 37.6 feet;
thence North 20 degrees 30 minutes West a distance of 113.5 feet; thence North
51 degrees 15 minutes West a distance of 320.7 feet; thence South 38 degrees 15
minutes West a distance of 116.8 feet to the starting point, containing 3.5
acres, more or less.
(d) The land borders Grant Lake
and is not contiguous to other state lands. The land was donated to the state
for use as a public campground and is used by local residents as a day-use
park. The Department of Natural Resources has determined that the state's land
management interests would best be served if the land were conveyed to a local
unit of government.
Sec. 81. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; CASS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to the Leech Lake Band of Ojibwe
for less than the value of the land as determined by the commissioner, but the
conveyance must provide that the land be used for the public and reverts to the
state if the band fails to provide for public use or abandons the public use of
the land. The commissioner may include conservation restrictions in the
conveyance deed to ensure the property is maintained as open space.
(c) The land that may be
sold is located in Cass County and is described as follows:
(1) Government Lot 3,
Section 14, Township 142 North, Range 29 West, containing 35.54 acres, more or
less; and
(2) Government Lot 6,
Section 14, Township 142 North, Range 29 West, containing 2.06 acres, more or
less.
(d) The land is located on
Bear Island in Leech Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 82. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; CASS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be sold
is located in Cass County and is described as follows: that part of Government
Lot 7, Section 28, Township 142 North, Range 26 West, described as follows:
commencing at the south quarter corner of said Section 28, from which the
southwest corner of said Section 28 bears, based on the Cass County Coordinate
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System of NAD 1983, South 89 degrees 44 minutes 53
seconds West, 2775.06 feet; thence North 52 degrees 48 minutes 53 seconds West,
1326.13 feet to the southeast corner of that particular tract of land conveyed
to the state of Minnesota and filed for record on November 9, 1961, in Book 121
of Deeds, Page 598, and to a railroad spike on the centerline of County
State-Aid Highway 4; thence North 52 degrees 12 minutes 27 seconds West, 221.06
feet along the southwesterly line of said particular tract of land conveyed to
the state of Minnesota and the centerline of County State-Aid Highway 4 to a
spike; thence North 51 degrees 01 minutes 41 seconds West, 111.72 feet along
the southwesterly line of said particular tract of land conveyed to the state
of Minnesota and the centerline of County State-Aid Highway 4 to a mag nail and
the point of beginning of the land to be described; thence continuing North 51
degrees 01 minutes 41 seconds West, 41.42 feet along the southwesterly line of
said particular tract of land conveyed to the state of Minnesota and the
centerline of County State-Aid Highway 4 to a mag nail; thence North 13 degrees
19 minutes 36 seconds East, 144.63 feet to a 3/4" x 24" rebar with
plastic cap stamped "MN DNR LS 17005" (DNR MON); thence continuing
North 13 degrees 19 minutes 36 seconds East, 5 feet, more or less, to the
water's edge of Little Sand Lake; thence southeasterly, a distance of 50 feet,
more or less, along said water's edge to a line which bears North 13 degrees 19
minutes 36 seconds East from the point of beginning; thence South 13 degrees 19
minutes 36 seconds West, 5 feet, more or less, to a DNR MON, thence continuing
South 13 degrees 19 minutes 36 seconds West, 129.22 feet to the point of
beginning and there terminating. Containing 0.12 acres, more or less, subject
to existing road easements.
(d) The land is located on
Little Sand Lake. The sale will be to the adjoining landowner in conjunction
with an acquisition to resolve an unintentional trespass by the state which
occurred when the Department of Natural Resources constructed a water access
site.
Sec. 83. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; COOK COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be in
a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Cook County and is described as follows: the Northwest Quarter
of the Northeast Quarter, Section 33, Township 63 North, Range 3 East,
containing 40 acres, more or less.
(d) The land borders Mons
Creek and was acquired in a land exchange in 2003. The Department of Natural
Resources has determined that school trust management interests would best be
served if the land was sold.
Sec. 84. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; COOK COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Cook County and is described as follows:
(1) Outlot A & Caribou
Backlot, Cook County. Outlot A of White Sky, according to the plat on file and
of record in the Office of the Recorder for Cook County, Minnesota, containing
0.74 acres, more or less; and
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(2) that part of Government
Lot 4, Section 2, Township 60 North, Range 3 West, lying northerly of Cook
County Road 4, southerly of the plat of White Sky, and westerly of Lot 1, Block
1 of White Sky First Addition, according to the plats on file and of record in
the Office of the Recorder for Cook County, containing 1.02 acres, more or
less.
(d) The land borders Caribou
Lake. The Department of Natural Resources has determined that school trust
management interests would best be served if the lands were sold.
Sec. 85. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; COOK COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be in
a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Cook County and is described as follows: that part of Government
Lot 10, Section 35, Township 65 North, Range 1 West, more fully described as
follows: being the easterly 863.9 feet of Government Lot 10, EXCEPT the
southerly 40.3 feet thereof. The west and south boundary lines being
perpendicular to and parallel with the south boundary of Government Lot 10,
respectively. Containing 3.3 acres, more or less.
(d) The land borders West
Bearskin Lake, was acquired in a land exchange in 2000, and is not contiguous
to other state lands. The Department of Natural Resources has determined that
school trust management interests would best be served if the land was sold.
Sec. 86. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; CROW WING COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Crow Wing County may sell
by private sale the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy. Prior to
the sale, the commissioner of revenue shall grant a permanent conservation
easement according to Minnesota Statutes, section 282.37, to protect aquatic
habitat. The easement must be approved by the Crow Wing County Board and the
commissioner of natural resources.
(c) The land to be sold is
located in Crow Wing County and is described as: Government Lot 1, Section 26,
Township 138 North, Range 27 West, city of Fifty Lakes.
(d) The county has
determined that the county's land management interests would best be served if
the land was returned to private ownership.
Sec. 87. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; CROW WING COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Crow Wing County may sell
to the city of Crosby the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5670
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c) The land to be sold is
located in Crow Wing County and is described as:
Of a tract of land lying
south of the herein described line and being out of and part of the Southeast
Quarter of the Northwest Quarter, Section 11, Township 46 North, Range 29 West,
except part to the city of Crosby, Crow Wing County, Minnesota, said line
described as follows: Commencing at the center of Section 11, thence South 88
degrees 59 minutes 19 seconds West, coincident with the south line of said
Southeast Quarter of the Northwest Quarter, 1291.01 feet to the southwest
corner of said Southeast Quarter of the Northwest Quarter; thence North 02
degrees 09 minutes 21 seconds East, coincident with the west line of said
Southeast Quarter of the Northwest Quarter, 531.93 feet to the point of
beginning of the line herein described; thence through and across said
Southeast Quarter of the Northwest Quarter of the following 21 courses and
distances:
(1) South 71 degrees 26
minutes 55 seconds East, 27.36 feet;
(2) South 33 degrees 07
minutes 48 seconds East, 34.76 feet;
(3) South 87 degrees 03 minutes
06 seconds East, 64.17 feet;
(4) South 61 degrees 33
minutes 20 seconds East, 45.74 feet;
(5) South 72 degrees 07
minutes 59 seconds East, 112.59 feet;
(6) South 77 degrees 44
minutes 53 seconds East, 56.34 feet;
(7) North 70 degrees 49
minutes 46 seconds East, 83.42 feet;
(8) South 76 degrees 32
minutes 31 seconds East, 94.57 feet;
(9) North 80 degrees 41
minutes 54 seconds East, 33.03 feet;
(10) North 83 degrees 09
minutes 05 seconds East, 41.90 feet;
(11) North 68 degrees 51
minutes 01 seconds East, 175.87 feet;
(12) South 58 degrees 17
minutes 34 seconds East, 54.35 feet;
(13) South 80 degrees 01
minutes 47 seconds East, 43.42 feet;
(14) North 36 degrees 43
minutes 03 seconds East, 84.81 feet;
(15) North 60 degrees 06 minutes
12 seconds East, 57.47 feet;
(16) South 83 degrees 31
minutes 42 seconds East, 90.21 feet;
(17) North 73 degrees 59
minutes 37 seconds East, 57.44 feet;
(18) South 65 degrees 21
minutes 29 seconds East, 81.38 feet;
(19) North 86 degrees 47
minutes 22 seconds East, 75.46 feet;
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Day - Monday, May 7, 2007 - Top of Page 5671
(20) North 47 degrees 10
minutes 02 seconds East, 52.07 feet; and
(21) North 63 degrees 13
minutes 46 seconds East, 48.20 feet
to the point of termination from which the point of
commencing bears South 01 degrees 27 minutes 31 seconds West, 572.34 feet.
(d) The county has
determined that the county's land management interests would best be served if
the land was sold to the city of Crosby.
Sec. 88. CONVEYANCE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; DAKOTA COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 103F.535, and 282.018, subdivision 1, and
the public sale provisions of Minnesota Statutes, chapter 282, Dakota County
may sell or convey to the township of Ravenna for no consideration the
tax-forfeited land bordering public water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general and provide that the land reverts to
the state if the township of Ravenna stops using the land for the public
purpose described in paragraph (d). The conveyance is subject to restrictions
imposed by the commissioner of natural resources. The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c) The land to be conveyed
is located in Dakota County and is described as: Unplatted, Section 21,
Township 114, Range 16, Southeast Quarter of the Southwest Quarter, less
various tracts, except West 870 feet of South 729.29 feet, except part of North
594 feet lying west of Ravenna Trail, except South 480 feet lying east of West
870 feet, except beginning at the northwest corner of the Southeast Quarter of
the Southwest Quarter East 22R South 20R southwest to point on west line 22R
South of beginning North 22R to beginning, except parcels 33-02100-030-53,
33-02100-040-53, 33-02100-050-53, 33-02100-060-53, and 33-02100-080-53. (Dakota
County tax identification number 33-02100-018-54).
(d) The county has determined
that the land is needed by the township of Ravenna for drainage and access to
culverts.
Sec. 89. PRIVATE SALE OF SURPLUS STATE LAND;
HENNEPIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources
may sell by private sale to a governmental subdivision the surplus land that is
described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to a governmental subdivision of
the state for less than the value of the land as determined by the
commissioner, but the conveyance must provide that the land described in paragraph
(c) be used for the public and reverts to the state if the governmental
subdivision fails to provide for public use or abandons the public use of the
land. The commissioner may include conservation restrictions in the conveyance
deed to ensure the property is maintained as open space.
(c) The land that may be
sold is located in Hennepin County and is described as follows:
(1) the Northwest Quarter of
Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road
right-of-way, containing 39 acres, more or less;
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(2) the east six and
two-thirds acres of the West Half of the Southeast Quarter of the Southwest
Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way,
containing 6.67 acres, more or less; and
(3) the West Quarter of the
East Half of the Southeast Quarter of the Southwest Quarter, Section 36,
Township 120 North, Range 22 West, less road right-of-way, containing 4.87
acres, more or less.
(d) The land was conveyed to
the state for wild game reservation purposes. Due to adjacent residential use
and local zoning restrictions, the land is no longer available for hunting
purposes. The Department of Natural Resources has determined that the state's
land management interests would best be served if the lands were conveyed to a
local unit of government.
Sec. 90. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; HENNEPIN COUNTY.
(a) Notwithstanding Minnesota
Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural
resources may sell by private sale to a governmental subdivision the surplus
land bordering public water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to a governmental subdivision of
the state for less than the value of the land as determined by the
commissioner, but the conveyance must provide that the land described in
paragraph (c) be used for the public and reverts to the state if the
governmental subdivision fails to provide for public use or abandons the public
use of the land.
(c) The land that may be
sold is located in Hennepin County and is described as follows: all that part
of the Northwest Quarter of the Southwest Quarter and Government Lot 2, Section
25, Township 120 North, Range 22 West, lying north and westerly of the
following described line: beginning at a point on the west line of said section
830.19 feet South of the west 1/4 corner thereof; thence North 36 degrees 55
minutes East, 109.88 feet; thence North 00 degrees 00 minutes, 1217.3 feet more
or less to the water's edge of Haydens Lake. Subject to existing road
easements. Containing 1.9 acres, more or less.
(d) The land was purchased
by the state for a water access site but has never been used as a water access
site. The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to a local
unit of government.
Sec. 91. TAX-FORFEITED LANDS LEASE; ITASCA
COUNTY.
Notwithstanding Minnesota
Statutes, section 282.04, or other law to the contrary, the Itasca County
auditor may lease tax-forfeited land to Minnesota Steel for a period of 20
years, for use as a tailings basin and buffer area. A lease entered under this
section is renewable.
Sec. 92. PUBLIC OR PRIVATE SALE OF SURPLUS STATE
LAND BORDERING PUBLIC WATER; KITTSON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by public or private sale the surplus land bordering
public water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to a governmental subdivision of
the state for less than the value of the land as determined by the
commissioner, but the conveyance must provide that the land be used for the
public and reverts to the state if the governmental subdivision fails to
provide for public use or abandons the public use of the land.
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(c) The land that may be
sold is located in Kittson County and is described as follows:
(1) Parcel 1: Lot 7, Block 4,
Park Addition to Bronson, lying in the Southwest Quarter of the Southwest
Quarter, Section 30, Township 161 North, Range 46 West, containing 0.92 acres,
more or less;
(2) Parcel 2: that part of
Lots 5 and 6, Block 4, Park Addition to Bronson, lying in the Southwest Quarter
of the Southwest Quarter, Section 30, Township 161 North, Range 46 West, more
particularly described as follows: commencing at the midpoint of the west line
of said Lot 5, which point is 33 feet East of the west line of said Southwest
Quarter of the Southwest Quarter of Section 30; thence East and parallel to the
south line of said Lot 5, a distance of 157 feet; thence South on a straight
line at right angles to the immediately preceding line of this description to
the center of the south branch of Two Rivers; thence northwesterly along the
center line of said south branch of Two Rivers to its intersection with a north
and south line parallel to the west line of said Southwest Quarter of the
Southwest Quarter of Section 30, and distant 33 feet East therefrom, which line
is also the west line of said Block 4; thence North along said west line of
said Block 4, to the point of beginning, containing 0.39 acres, more or less;
(3) Parcel 12: that part of Block
4, of the Park Addition to the village of Bronson, Kittson County, Minnesota,
which may be more particularly described as follows: Lot 6, Block 4, with the
exception of a tract consisting of the westerly 157 feet of said Lot 6, deeded
to the Olof Locken Post, No. 315, of the American Legion, containing 0.68
acres, more or less; ALSO the following described portion of Lot 8 of said
Block 4: commencing at a point on the west line of said Lot 8, 140 feet North
of the southwest corner of said Lot 8; thence North along said west line of Lot
8, a distance of 68 feet; thence East at right angles to the said west line of
Lot 8 to the east line of said Lot 8; thence South along the east line of said
Lot 8, a distance of 68 feet; thence West at right angles to said east line of
Lot 8 to the point of beginning, containing 0.05 acres, more or less; EXCEPTING
therefrom the following described tract of land: commencing at the northeast
corner of Block 4 in Park Addition to the village of Lake Bronson; thence South
at right angles a distance of 265 feet to the point of beginning; thence West
at right angles a distance of 143 feet; thence South at right angles a distance
of 111 feet to the center of the Two Rivers; thence East at right angles a
distance of 143 feet to the east line of Lot 8; thence North at right angles a
distance of 111 feet to the point of beginning, being a part of Lot 6 and Lot 8
of Block 4, containing altogether 0.75 acres, more or less; and
(4) Parcel 13: that part of
Lot 8, Block 4 of the Park Addition to the village of Bronson, Kittson County,
Minnesota, which may be more particularly described as follows: the South 140
feet of said Lot 8, Block 4, containing 0.10 acres, more or less; ALSO the
following portion of said Lot 8: commencing at a point on the west line of said
Lot 8, 208 feet North of the southwest corner of said Lot 8; thence North along
said west line of Lot 8, a distance of 5.6 feet; thence East at right angles to
said west line of Lot 8 to the east line of said Lot 8, thence South along said
east line of Lot 8, a distance of 5.8 feet; thence West at right angles to said
east line of Lot 8, to the point of beginning, containing 0.004 acres, more or
less; containing altogether 0.104 acres, more or less.
(d) The land borders South
Branch Two Rivers and is not contiguous to other state lands. The land was
acquired for park purposes but was not included in a state park. The Department
of Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 93. PRIVATE SALE OF SURPLUS STATE LAND;
KITTSON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
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(c) The land that may be
sold is located in Kittson County and is described as follows: a parcel of land
in the Southwest Quarter of the Southeast Quarter of Section 30, Township 161
North, Range 46 West, more particularly described as follows: beginning at a
point which is 33 feet North of the south line and 422 feet East of the west
line of said Southwest Quarter of the Southeast Quarter; thence East parallel
to said south line, 726 feet; thence North parallel to said west line, 300
feet; thence West parallel to said south line, 726 feet; thence South parallel
to said west line, 300 feet to the point of beginning. Containing 5.00 acres,
more or less.
(d) The sale may be to
multiple parties, including the county for the county highway right-of-way, the
township for the township road, and adjoining landowners to resolve
unintentional agricultural trespasses. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
Sec. 94. PRIVATE SALE OF SURPLUS STATE LAND; LAKE
COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Lake County and is described as follows: that part of the
Northeast Quarter of the Southwest Quarter, Section 16, Township 57 North,
Range 6 West, described as follows: commencing at the southeast corner of said
Northeast Quarter of the Southwest Quarter marked by a DNR survey marker (3/4
inch x 18 inch rebar with an orange cap marked MN DNR LS 16098); thence North
89 degrees 11 minutes 24 seconds West based on the Lake County Coordinate
System North Shore Zone, NAD83, 1986 adjustment, along the south line of said
Northeast Quarter of the Southwest Quarter, 439.78 feet to a DNR survey marker
on the westerly right-of-way of Trunk Highway 61 and the point of beginning;
thence continuing North 89 degrees 11 minutes 24 seconds West along said south
line 426.27 feet to a DNR survey marker; thence North 00 degrees 48 minutes 36
seconds East 100.00 feet to a DNR survey marker; thence South 89 degrees 11
minutes 24 seconds East 494.20 feet to a DNR survey marker on said westerly
right-of-way; thence South 34 degrees 59 minutes 57 seconds West along said
westerly right-of-way 120.89 feet, more or less, to the point of beginning.
Containing 1.06 acres, more or less.
(d) The sale would be to the
adjoining landowner and resolve an unintentional trespass that occurred when a
garage was constructed on state-owned land. The Department of Natural Resources
has determined that the land is not needed for natural resource purposes.
Sec. 95. PRIVATE SALE OF SURPLUS STATE LAND; LAKE
COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Lake County and is described as follows: that part of the
Northwest Quarter of the Southeast Quarter, Section 16, Township 57 North,
Range 6 West, described as follows: commencing at the northwest corner of said
Northwest Quarter of the Southeast Quarter marked by a DNR survey marker (3/4
inch x 18 inch rebar with an orange cap marked MN DNR LS 16098); thence South
89 degrees 14 minutes 10 seconds East based on the Lake County Coordinate
System North Shore Zone, NAD83, 1986 adjustment, along the north line of said
Northwest Quarter of the Southeast Quarter, 191.15 feet to a DNR survey marker
and the point of beginning; thence continuing South 89 degrees 14 minutes 10
seconds East along said north
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5675
line 264.92 feet to a DNR
survey marker on the westerly right-of-way of Trunk Highway 61; thence South 34
degrees 59 minutes 57 seconds West along said westerly right-of-way 200.00
feet; thence North 41 degrees 54 minutes 07 seconds West 224.87 feet, more or
less, to the point of beginning. Containing 0.50 acres, more or less.
(d) The sale would be to the
adjoining landowner and resolve an unintentional trespass that occurred when a
garage and house were constructed on state-owned land. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 96. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; LAKE COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Lake County may sell by
private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be
in a form approved by the attorney general for a consideration of $1 and
relinquishment of a four-acre parcel of land that Lake County has used for road
relocation.
(c) The land to be sold is
located in Lake County and is described as: that part of the Southeast Quarter
of the Northwest Quarter, north of County State-Aid Highway 14, Section 20,
Township 55 North, Range 11 West.
(d) The county has
determined that the county's land management interests would best be served if
the land was returned to private ownership.
Sec. 97. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; NICOLLET COUNTY.
(a) Notwithstanding Minnesota
Statutes, section 92.45, the commissioner of natural resources may sell by
public sale the surplus land bordering public water that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Nicollet County and is described as follows:
(1) that part of the
Southwest Quarter and that part of the Southeast Quarter, Section 8, Township
109 North, Range 29 West, being described as a strip of land 300.0 feet in
width lying adjacent to and northerly of the following described centerline of
proposed channel change: commencing at the center of Section 8, Township 109
North, Range 20 West, from which the north quarter corner of said Section 8
bears North 0 degrees 00 minutes East, thence South 0 degrees 00 minutes East
for 1280 feet on said quarter line; thence South 90 degrees 00 minutes East for
54.9 feet to road station 40+40 on the centerline of County State-Aid Highway
24 which is the true point of beginning for the centerline of channel change;
thence South 75 degrees 58 minutes East for a distance of 553.5 feet on
centerline of channel change; thence South 75 degrees 58 minutes East for a
distance of 1540.0 feet and there terminating; and from the true point of
beginning North 77 degrees 58 minutes West for a distance of 770 feet and there
terminating; SAID LANDS ALSO DESCRIBED AS: a strip of land lying and being
300.0 feet each side of the following described centerline of proposed channel
change: beginning at a point 1280.0 feet South and 54.9 feet East of the center
of Section 8, Township 109 North, Range 29 West; thence easterly on a bearing
of South 77 degrees 00 minutes East for a distance of 553.5 feet; thence
easterly on a bearing of South 75 degrees 00 minutes East for a distance of
1540.0 feet and there terminating. This includes 3.005 acres in part of the
North Half of the Southeast Quarter of Section 8, Township 109 North, Range 29
West, and 10.932 acres in part of Government Lot 2 of Section 8, Township 109
North, Range 29 West. Also from the point of beginning, westerly on a bearing
of North 77 degrees 00 minutes West for a distance of 770.0 feet and there
terminating. This includes 4.098 acres in part of the Southwest Quarter of
Section 8, Township 109 North, Range 29 West. Containing 3.01 acres, more or
less; and
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(2) that part of the
Southwest Quarter and that part of the Southeast Quarter, Section 8, Township
109 North, Range 29 West, Nicollet County, Minnesota, being described as a
strip of land 300.0 feet in width lying adjacent to and southerly of the
following described centerline of proposed channel change: commencing at the
center of Section 8, Township 109 North, Range 20 West, from which the north
quarter corner of said Section 8 bears North 0 degrees 00 minutes East; thence
South 0 degrees 00 minutes East for 1280 feet on said quarter line; thence
South 90 degrees 00 minutes East for 54.9 feet to road station 40+40 on the
centerline of County State-Aid Highway 24 which is the true point of beginning
for the centerline of channel change; thence South 75 degrees 58 minutes East
for a distance of 553.5 feet on centerline of channel change; thence South 75
degrees 58 minutes East for a distance of 1540.0 feet and there terminating;
and from the true point of beginning North 77 degrees 58 minutes West for a
distance of 770 feet and there terminating; SAID LANDS ALSO DESCRIBED AS: a
strip of land lying and being 300.0 feet each side of the following described
centerline of proposed channel change: beginning at a point 1280.0 feet South
and 54.9 feet East of the center of Section 8, Township 109 North, Range 29
West; thence easterly on a bearing of South 77 degrees 00 minutes East for a
distance of 553.5 feet; thence easterly on a bearing of South 75 degrees 00
minutes East for a distance of 1540.0 feet and there terminating. This includes
3.005 acres in part of the North Half of the Southeast Quarter of Section 8,
Township 109 North, Range 29 West, and 10.932 acres in part of Government Lot 2
of Section 8, Township 109 North, Range 29 West. Also, from the point of beginning,
westerly on a bearing of North 77 degrees 00 minutes West for a distance of
770.0 feet and there terminating. This includes 4.098 acres in part of the
Southwest Quarter of Section 8, Township 109 North, Range 29 West. Containing
4.10 acres, more or less.
(d) The land borders the
Minnesota River. It was acquired when a new bridge was installed across the
river resulting in a realignment of the river channel. The Department of
Natural Resources has determined that the land is not needed for natural resource
purposes.
Sec. 98. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; RED LAKE COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Red Lake County and is described as follows:
(1) Government Lot 10,
Section 31, Township 152 North, Range 40 West, containing 20.17 acres, more or
less; and
(2) Government Lot 3, Section
34, Township 152 North, Range 40 West, containing 21.7 acres, more or less.
(d) The land borders the
Clearwater River and is not contiguous to other state lands. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 99. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
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Day - Monday, May 7, 2007 - Top of Page 5677
(c) The land that may be
sold is located in St. Louis County and is described as follows: Government Lot
2, except the Northwest Quarter of Lot 2, Section 19, Township 58 North, Range
18 West, containing 30.84 acres, more or less.
(d) The land borders an
unnamed tributary to the West Two Rivers Reservoir. The Department of Natural
Resources has determined that the land is not needed for natural resource
purposes.
Sec. 100. PRIVATE SALE OF SURPLUS STATE LAND; ST.
LOUIS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in St. Louis County and is described as follows: Government Lot
3, Section 18, Township 68 North, Range 19 West, containing 23.22 acres, more
or less.
(d) The sale will be to the
University of Minnesota for the off axis NOvA detector project. The Department
of Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 101. LAND EXCHANGE; ST. LOUIS COUNTY.
(a) The commissioner of
natural resources shall, with the approval of the Land Exchange Board as
required under the Minnesota Constitution, article XI, section 10, and
according to Minnesota Statutes, sections 94.343 to 94.347, exchange the land
described in paragraph (b). The commissioner shall offer to exchange the land
with the holder of Department of Natural Resources lease number 144-011-0587 by
December 31, 2007.
(b) The land to be exchanged
is located in St. Louis County and is described as follows: that part of
Government Lot 1, Section 6, Township 58 North, Range 17 West, containing 1.98
acres more or less, that is subject to Department of Natural Resources lease
number 144-011-0587.
Sec. 102. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell
by private sale the tax-forfeited land bordering public water that is described
in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy. The
conveyance must reserve to the state a 100-foot easement along the shoreline to
protect vegetation and allow angling by the public and a 15-foot easement from
the public road right-of-way to allow angler walk-in access.
(c) The land to be sold is
located in St. Louis County and is described as: Lots 7, 8, and 9, Block 2,
Wonderland 1st Addition.
(d) The county has
determined that the county's land management interests would best be served if
the land was sold to an adjoining landowner.
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Sec. 103. PUBLIC SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County
may sell the tax-forfeited land bordering public water that is described in
paragraph (c) under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy. The
conveyance must reserve to the state a 150-foot easement of 75 feet on each
side of the centerline of the East Branch of Chester Creek and a 100-foot
easement of 50 feet on each side of the centerline of tributaries of Chester
Creek.
(c) The land to be sold is
located in St. Louis County and is described as:
(1) part of the Northeast
Quarter of the Southeast Quarter, Section 9, Township 50 North, Range 14 West;
and
(2) Lots 7, 8, 9, 34, 35,
36, 37, 58, 59, 60, and 61 and part of Lot 10, Englewood Farms.
(d) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 104. PRIVATE SALE OF TAX-FORFEITED LAND; ST.
LOUIS COUNTY.
(a) Notwithstanding the
public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may
sell by private sale the tax-forfeited land that is described in paragraph (c)
under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c) The land to be sold is
located in St. Louis County and is described as:
(1) part of the Southwest
Quarter of the Northwest Quarter, Section 1, Township 63 North, Range 18 West;
(2) part of the Southwest
Quarter of the Northeast Quarter, Section 28, Township 53 North, Range 13 West;
and
(3) part of the Northeast
Quarter of the Northeast Quarter, Section 9, Township 58 North, Range 16 West.
(d) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 105. SPARTA BEACH IN CITY OF GILBERT; ST.
LOUIS COUNTY.
(a) This section applies to
the land described in paragraph (b), which is owned by the city of Gilbert. The
legislature finds that any fill placed along the shoreline below the historical
high watermark prior to the effective date of this section does not extend
beyond the ordinary low watermark and does not interfere with the public right
of navigation or any other public right. Consistent with the common law of the
state, the state shall not dispute the right of the owner of the land, or the
owner's successors, to enjoy exclusive use of filled land in shallow waters
abutting the land, subject only to the limitation that the owner or owner's
successors shall not interfere with the public right of navigation.
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(b) The land referred to in
this section is described as follows:
That part of the North Half
of Government Lot 1, Section 35, Township 58 North, Range 17 West of the Fourth
Principal Meridian, St. Louis County, Minnesota, described as follows: Starting
at a pipe that is on the east side of Differding Road on the north line of the
plat of Birch View and assuming that the north line is East and West, thence
running North 49 degrees 56 minutes West a distance of 291.00 feet to the place
of beginning; thence running South 55 degrees 19 minutes West a distance of 135
feet to the shore of Ely Lake; Starting from the place of beginning, thence
running North 29 degrees 01 minutes West a distance of 436.50 feet; thence
running North 87 degrees 24 minutes West a distance of 302 feet to the shore of
Ely Lake; thence running along the shore to the intersection with the first
described.
Sec. 106. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; WASHINGTON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may only sell the land to a governmental subdivision
of the state. The conveyance may be for less than the value of the land as
determined by the commissioner, but the conveyance must provide that the land
be used for the public and reverts to the state if the governmental subdivision
fails to provide for public use or abandons the public use of the land.
(c) The land that may be
sold is located in Washington County and is described as follows, Parcels A and
B containing altogether 31.55 acres, more or less:
(1) Parcel A: all that part
of the North Half of the Southeast Quarter, Section 30, Township 30 North,
Range 20 West, bounded by the following described lines: commencing at the east
quarter corner of said Section 30; thence on an assumed bearing of North 88
degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west
quarter line of said Section 30 to the point of beginning; thence North 88
degrees 13 minutes 48 seconds West, 504.57 feet on and along the said east-west
quarter line; thence South 17 degrees 54 minutes 26 seconds West, 1377.65 feet
to a point on the south 1/16 line of said Section 30; thence South 88 degrees 10
minutes 45 seconds East, 504.44 feet on and along the south 1/16 line of said
Section 30; thence North 17 degrees 54 minutes 26 seconds East, 1378.11 feet to
the point of beginning; and
(2) Parcel B: all that part
of the North Half of the Southeast Quarter, Section 30, Township 30 North,
Range 20 West, bounded by the following described lines: commencing at the east
quarter corner of said Section 30; thence on an assumed bearing of North 88
degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter
line of said Section 30 to the point of beginning; thence South 17 degrees 54
minutes 26 seconds West, 1377.65 feet to a point on the south 1/16 line of said
Section 30; thence North 88 degrees 10 minutes 45 seconds West, 369.30 feet
along said south 1/16 line; thence North 42 degrees 24 minutes 47 seconds West,
248.00 feet; thence North 02 degrees 59 minutes 30 seconds East, 488.11 feet;
thence North 47 degrees 41 minutes 19 seconds East, 944.68 feet to a point on
the east-west quarter line of said Section 30; thence South 88 degrees 13
minutes 48 seconds East, 236.03 feet along said east-west quarter line to the
point of beginning.
(d) The land borders Long
Lake and is not contiguous to other state lands. The land was donated to the
state with the understanding that the land would be used as a wildlife
sanctuary. The Department of Natural Resources has determined that the land is
not needed for natural resource purposes.
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Sec. 107. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT
AREA.
(a) The following area is
established and designated as the Vermillion Highlands Wildlife Management
Area, subject to the special permitted uses authorized in this section:
The approximately 2,840
acres owned by the University of Minnesota lying within the area legally
described as approximately the southerly 3/4 of the Southwest 1/4 of Section 1,
the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the West
1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range
19 West, Dakota County.
(b) Notwithstanding
Minnesota Statutes, section 86A.05, subdivision 8, paragraph (c), permitted
uses in the Vermillion Highlands Wildlife Management Area include:
(1) education, outreach, and
agriculture with the intent to eventually phase out agriculture leases and
plant and restore native prairie;
(2) research by the
University of Minnesota or other permitted researchers;
(3) hiking, hunting,
fishing, trapping, and other compatible wildlife-related recreation of a
natural outdoors experience, without constructing new hard surface trails or
roads, and supporting management and improvements;
(4) designated trails for
hiking, horseback riding, biking, and cross-country skiing and necessary
trailhead support with minimal impact on the permitted uses in clause (3);
(5) shooting sports
facilities for sporting clays, skeet, trapshooting, and rifle and pistol shooting,
including sanctioned events and training for responsible handling and use of
firearms;
(6) grant-in-aid snowmobile
trails; and
(7) leases for small-scale
farms to market vegetable farming.
(c) With the concurrence of
representatives of the University of Minnesota and Dakota County, the
commissioner of natural resources may, by posting or rule, restrict the
permitted uses as follows:
(1) temporarily close areas
or trails, by posting at the access points, to facilitate hunting. When
temporarily closing trails under this clause, the commissioner shall avoid
closing all trail loops simultaneously whenever practical; or
(2) limit other permitted
uses to accommodate hunting and trapping after providing advance public notice.
Research conducted by the university may not be limited unless mutually agreed
by the commissioner and the University of Minnesota.
(d) Road maintenance within
the wildlife management area shall be minimized, with the intent to abandon
interior roads when no longer needed for traditional agriculture purposes.
(e) Money collected on
leases from lands within the wildlife management area must be kept in a
separate account and spent within the wildlife management area under direction
of the representatives listed in paragraph (c). $200,000 of this money may be
transferred to the commissioner of natural resources for a master planning
process and resource inventory of the land identified in Minnesota Statutes,
section 137.50, subdivision 6, in order to provide needed prairie and wetland restoration.
The commissioner must work with affected officials from the University of
Minnesota and Dakota County to complete these requirements and inform
landowners and lessees about the planning process.
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(f) Notwithstanding
Minnesota Statutes, sections 97A.061 and 477A.11, the state of Minnesota shall
not provide payments in lieu of taxes for the lands described in paragraph (a).
Sec. 108. CLAIR A. NELSON MEMORIAL FOREST, LAKE
COUNTY; TEMPORARY SUSPENSION OF APPORTIONMENT OF PROCEEDS FROM TAX-FORFEITED
LANDS.
(a) Upon approval of an
affected political subdivision within Lake County, the Lake County Board may
suspend the apportionment of the balance of net proceeds from tax-forfeited
lands within the affected political subdivision under Minnesota Statutes,
section 282.08, clause (4), item (iii), and retain the net proceeds. The
authority under this paragraph is available until Lake County suspends the
apportionment of net proceeds subject to item (iii) in the amount of $2,200,000
plus any interest costs incurred by the county to purchase land described in
this section. The money received by Lake County is to reimburse the county for
the purchase in 2006 of 6,085 acres of forest land named the Clair A. Nelson
Memorial Forest.
(b) Any revenue derived from
acquired land that was reimbursed under paragraph (a) is subject to
apportionment as provided in Minnesota Statutes, section 282.08.
EFFECTIVE DATE. This section is
effective retroactively from January 1, 2006.
Sec. 109. RULE AMENDMENTS.
The commissioner of natural
resources may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), to amend rules to conform to sections 60 to
64. Minnesota Statutes, section 14.386, does not apply to the rulemaking under
this section except to the extent provided under Minnesota Statutes, section
14.388.
Sec. 110. LAKE TROUT REPORT.
By February 1, 2008, the
commissioner of natural resources must review and report to the legislative
policy committees with jurisdiction over natural resources on the pros and cons
of changing the winter lake trout season so that it would be open from the
Saturday nearest January 1 to March 31.
Sec. 111. ACCESS TO MINNESOTA OUTDOORS PLAN.
Subdivision 1. Walk-in access plan. (a) The commissioner of natural
resources shall prepare a plan for a walk-in public access program under which
the commissioner may encourage owners and operators of privately held land to
voluntarily make that land available for walk-in access by the public for
hunting and fishing under programs administered by the commissioner.
(b) As part of the plan, the
commissioner shall explore entering into contracts with the owners or lessees
of land to establish voluntary walk-in public access for hunting, fishing, or
other wildlife-dependent recreational activities.
(c) In the plan, the
commissioner must describe:
(1) the costs and benefits that
private land access will provide the public, such as hunting, fishing, bird
watching, and related outdoor activities; and
(2) the types of game, fish,
and wildlife habitat improvements made to the land that will enhance public
uses.
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(d) The commissioner shall
explore the effectiveness and public and private cost of walk-in public access
programs in other states and recommend walk-in program options for public
access to private lands for hunting, fishing, and related recreational
activities.
Subd. 2. Other law. Nothing in the plan may preempt trespass and
liability laws. Recommendations submitted by the commissioner of natural
resources under subdivision 3 shall include any changes to Minnesota Statutes,
sections 604A.20 to 604A.27, necessary to ensure that landowners are not
exposed to additional liability as a result of the walk-in access program.
Subd. 3. Report. The commissioner must present the walk-in public
access plan to the house and senate committees with jurisdiction over natural
resources policy and finance, with recommendations on program implementation,
by January 15, 2008.
Sec. 112. COCK PHEASANT BAG LIMIT; RULEMAKING.
The commissioner of natural
resources shall amend Minnesota Rules, part 6234.0400, subpart 2, to allow a
person to take up to three cock pheasants per day and have 12 in possession
after the 16th day of the pheasant season. The commissioner may use the good
cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
(3), to adopt the rule and Minnesota Statutes, section 14.386, does not apply,
except as provided under Minnesota Statutes, section 14.388.
Sec. 113. CROSSBOW DEER SEASON.
Notwithstanding Minnesota
Statutes, section 97B.035, or other law to the contrary, the commissioner of
natural resources shall establish an open season for taking deer by crossbow
during the regular firearm season each year. Crossbows must meet the
requirements of Minnesota Statutes, section 97B.106, subdivision 2. A person
taking deer by crossbow must have a crossbow deer hunting license. The fee for
a resident crossbow deer hunting license is $26 and the fee for a nonresident
crossbow deer hunting license is $135. The commissioner may adopt exempt rules
regulating the crossbow deer season according to Minnesota Statutes, section
14.386. Notwithstanding Minnesota Statutes, section 14.386, a rule adopted
under this section is effective until January 1, 2009.
EFFECTIVE DATE. This section is effective
the day following final enactment and expires January 1, 2009.
Sec. 114. CROSSBOW SEASON REPORT.
By February 1, 2009, the
commissioner of natural resources shall submit a report to the chairs of the house
and senate committees having jurisdiction over natural resources that includes
the number of crossbow deer season licenses issued under section 50 and
addresses whether there was an increase in hunting problems during the time a
crossbow deer season was permitted.
Sec. 115. RULE AMENDMENTS.
The commissioner of natural
resources shall amend Minnesota Rules, parts 6262.0100, subpart 5, item D, and
6266.0700, subpart 3, to allow an angler in an icehouse to possess fillets of a
fish with size restrictions if the angler is preparing and using the fish for a
meal. The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules according
to this section and Minnesota Statutes, section 14.386, does not apply except
as provided under Minnesota Statutes, section 14.388.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 116. REPEALER.
Minnesota Statutes 2006,
sections 85.015, subdivision 11; 97A.475, subdivision 38; and 97C.365; and Laws
2006, chapter 236, article 1, section 2, are repealed.
Sec. 117. EFFECTIVE DATE.
Sections 2, 3, 17, 18, 68,
69, and 72 to 106 are effective the day following final enactment.
ARTICLE 2
ENVIRONMENT POLICY
Section 1. Minnesota
Statutes 2006, section 103F.205, subdivision 1, is amended to read:
Subdivision 1. Applicability. The definitions in this
section apply to sections 103F.201 to 103F.221 103F.227.
Sec. 2. [103F.227] SHORELAND DEVELOPMENT; EXISTING RESORTS.
Subdivision 1. Applicability. This section applies statewide and
preempts local ordinances that are inconsistent with its terms.
Subd. 2. Resort defined. For purposes of this section,
"resort" means a shoreland commercial establishment, existing on or
before August 1, 2007, that includes buildings, lodges, structures, dwelling
units, camping or recreational vehicle sites, or enclosures, or any part
thereof kept, used, maintained, or advertised as or held out to the public to
be a place where sleeping accommodations are furnished to the public, primarily
to those seeking recreation, for periods of one day or longer, and having for
rent three or more cabins, rooms, campsites, or enclosures. These
establishments must be primarily service oriented for transient lodging of
guests. All cabins, rooms, dwelling units, camping or recreational vehicle
sites, or enclosures must be included in the resort rental business. Resorts
allow no residential use of a dwelling unit or site, except dwellings used as
residences for the service providers or dwelling units or sites for renters. To
qualify as a resort under this section, a resort must be fully licensed and
permitted under appropriate state and local regulations. The entire parcel of
land must be controlled and managed by the licensee.
Subd. 3. Maintenance and replacement. (a) So long as the
establishment continues to operate as a resort, a county or municipality must
allow a resort owner to:
(1) maintain structures,
which includes replacing aging or outdated components or systems of the
structure that do not increase the structure footprint; and
(2) replace structures
damaged or lost to fire or natural disaster.
(b) Paragraph (a), clause
(2), applies only when an application for a building permit is made within 180
days of the damage or loss.
Subd. 4. Expansion. A county or municipality must allow a resort
owner to increase a structure footprint to minimally meet federal, state, or
local dwelling standards or codes. To "minimally meet" such standards
or codes means that the replacement structure does not add new architectural
elements, such as more bedrooms, that the original structure did not have.
Structural expansion under this subdivision must not result in the structure
being any larger than required to meet standards or codes or the structure or
any portion thereof being any closer to the shoreline than prior to the
expansion.
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Subd. 5. Change in ownership. A change in ownership of a resort
shall not be construed as a conversion to a different use so long as the new
owner continues to use the property as a resort.
Sec. 3. [114E.01] SHORT TITLE.
This chapter may be cited as
the Uniform Environmental Covenants Act.
Sec. 4. [114E.05] DEFINITIONS.
Subdivision 1. Scope. For the purposes of this chapter, the definitions
in this subdivision have the meanings given.
Subd. 2. Activity and use limitations. "Activity and use
limitations" means restrictions or obligations with respect to real
property that are associated with an environmental response project.
Subd. 3. Common interest community. "Common interest
community" means a common interest community as defined in chapter 515B.
Subd. 4. Environmental agency. "Environmental agency"
means the Pollution Control Agency, Agriculture Department, or another state or
federal agency that determines or approves the environmental response project
pursuant to which the environmental covenant is created.
Subd. 5. Environmental covenant. "Environmental
covenant" means a servitude created under this chapter that imposes activity
and use limitations.
Subd. 6. Environmental response project. "Environmental
response project" means a plan or work performed to clean up, eliminate,
investigate, minimize, mitigate, or prevent the release or threatened release
of contaminants affecting real property in order to protect public health or
welfare or the environment, including:
(1) response or corrective
actions under federal or state law, including chapters 115B, 115C, 115E, and
116, and the Comprehensive Environmental Response, Compensation and Liability
Act, United States Code, title 44, section 9601, et seq.;
(2) corrective actions or
response to agricultural chemical incidents under chapters 18B, 18C, 18D, and
18E; and
(3) closure, contingency, or
corrective actions required under rules or regulations applicable to waste
treatment, storage, or disposal facilities or to above or below ground tanks.
Subd. 7. Holder. "Holder" means any person identified as
a holder of an environmental covenant as specified in section 114E.10, paragraph
(a).
Subd. 8. Person. "Person" means an individual,
corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, political subdivision
or special purpose unit of government, agency, or instrumentality of the state
or federal government, or any other legal or commercial entity.
Subd. 9. Record. "Record," used as a noun, means
information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
Subd. 10. Recorded. "Recorded" means recorded with the
county recorder or registrar of title, as applicable, in each county where the
real property is located.
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Subd. 11. State. "State" means a state of the United
States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the jurisdiction of
the United States.
Sec.
5. [114E.10] NATURE OF RIGHTS; ROLE
OF ENVIRONMENTAL AGENCY; SUBORDINATION OF
INTERESTS.
(a) Any person, including a
person that owns an interest in the real property subject to the environmental
convenant, the environmental agency, or any other political subdivision or unit
of local government, may be a holder. An environmental covenant may identify
more than one holder. The interest of a holder is an interest in real property.
The holder is the grantee of the real property interest conveyed under an environmental
covenant.
(b) Unless an environmental
agency is a holder, any right that the agency may have with respect to an
environmental covenant does not constitute an interest in real property.
Approval of an environmental covenant does not make the environmental agency a
holder unless it has authority under law other than this chapter to acquire an
interest in real property for purposes related to an environmental response
project and it is expressly identified as a holder in the environmental
covenant.
(c) An environmental agency
is bound by any obligation it assumes in an environmental covenant, but an
environmental agency does not assume obligations merely by signing an
environmental covenant. As provided in section 114E.15, an environmental
covenant is not valid unless signed by the environmental agency and the
environmental agency may set reasonable conditions for its approval of an
environmental covenant. When the environmental agency is a federal agency, the
covenant must also be approved and signed by the state environmental agency
that has authority under state law to address the release or threatened release
involved in the environmental response project. Any other person that signs an
environmental covenant is bound by the obligations the person expressly assumes
in the covenant, but signing the covenant does not change obligations, rights,
or protections granted or imposed under law other than this chapter except as
provided in the covenant.
(d) The following rules
apply to interests in real property in existence at the time an environmental
covenant is created or amended:
(1) an interest that has
priority under other law is not affected by an environmental covenant unless
the person that owns the interest subordinates that interest to the covenant;
(2) this chapter does not
require a person that owns a prior interest to subordinate that interest to an
environmental covenant or to agree to be bound by the covenant;
(3) a subordination
agreement may be contained in an environmental covenant or in a separate record
that is recorded. If the environmental covenant covers commonly owned property
in a common interest community, the environmental covenant or the subordination
agreement may be signed by any person authorized by the governing board of the
owners' association; and
(4) an agreement by a person
to subordinate a prior interest to an environmental covenant affects the
priority of that person's interest but does not by itself impose any
affirmative obligation on the person with respect to the environmental
covenant.
Sec. 6. [114E.15] CONTENTS OF ENVIRONMENTAL COVENANT.
(a) An environmental
covenant must:
(1) state on its first page
that the instrument is an environmental covenant executed pursuant to this
chapter;
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(2) contain a legally
sufficient description of the real property subject to the covenant;
(3) describe the activity
and use limitations on the real property;
(4) identify every holder;
(5) be signed and
acknowledged by the environmental agency, every holder, and every owner of the
fee simple title to the real property subject to the covenant; and
(6) identify the name and
location of any administrative record for the environmental response project
reflected in the environmental covenant.
(b) In addition to the
information required by paragraph (a), an environmental covenant may contain
other information, restrictions, and requirements agreed to by the persons who
signed it, including any:
(1) requirements for notice
of any transfer of a specified interest in, or concerning proposed changes in
use of, applications for building permits for, or proposals for any site work
affecting the contamination or the environmental response project on, the real
property subject to the covenant;
(2) requirements for
periodic reporting describing compliance with the covenant;
(3) rights of access to the
real property granted in connection with implementation or enforcement of the
covenant;
(4) a brief narrative description
of the contamination and environmental response project, including the
contaminants of concern, the pathways of exposure, limits on exposure, and the
location and extent of the contamination;
(5) limitation on amendment
or termination of the covenant in addition to those contained in sections
114E.40 and 114E.45;
(6) rights of the holder in
addition to its right to enforce the covenant pursuant to section 114E.50; and
(7) waiver of a party's
right to consent to the amendment or termination of a covenant under section
114E.45, paragraph (a), clause (3).
(c) The environmental agency
may set reasonable conditions for its approval of an environmental covenant,
including:
(1) requiring that persons
specified by the agency that have interests in the real property also sign the
covenant;
(2) requiring that a person
who holds a prior interest in the real property subject to the covenant agree
to subordinate that interest where applicable; and
(3) requiring the inclusion within
the text of the covenant information, restrictions, or requirements as
described in paragraph (b).
Sec. 7. [114E.20] VALIDITY; EFFECT ON OTHER INSTRUMENTS.
(a) An environmental
covenant created under this chapter runs with the land.
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(b) An environmental
covenant that is otherwise effective is valid and enforceable even if:
(1) it is not appurtenant to
an interest in real property;
(2) it can be or has been
assigned to a person other than the original holder;
(3) it is not of a character
that has been recognized traditionally at common law;
(4) it imposes a negative
burden;
(5) it imposes an
affirmative obligation on a person having an interest in the real property or
on the holder;
(6) the benefit or burden
does not touch or concern real property;
(7) there is no privity of
estate or contract;
(8) the holder dies, ceases
to exist, resigns, or is replaced; or
(9) the owner of an interest
in the real property subject to the environmental covenant and the holder are
the same person.
(c) Any instrument that
imposes activity and use limitations, including any conservation easement,
declaration, restrictive covenant, or similar instrument created before the
effective date of this chapter remains valid and enforceable as provided in the
law under which it was created. This chapter does not apply in any other
respect to such an instrument.
(d) This chapter does not
invalidate or render unenforceable any interest, whether designated as an
environmental covenant or other interest, that is otherwise enforceable under
the law of this state.
Sec. 8. [114E.25] RELATIONSHIP TO OTHER LAND USE LAW.
(a) This chapter does not
authorize a use of real property that is otherwise prohibited by zoning, by law
other than this chapter regulating use of real property, or by a recorded
instrument that has priority over the environmental covenant.
(b) An environmental
covenant may prohibit or restrict uses of real property which are authorized by
zoning or by law other than this chapter.
(c) An environmental agency
that exercises authority under law other than this chapter to require as part
of an environmental response project the performance of a response or corrective
action that would not otherwise be an authorized use of real property under
zoning or other real property law or prior recorded instruments may include
such requirement as an affirmative obligation in an environmental covenant.
Sec. 9. [114E.30] NOTICE.
(a) A copy of an
environmental covenant, and any amendments or notices of termination thereof,
must be provided by the persons and in the manner required by the environmental
agency to:
(1) each person that signed
the covenant or their successor or assign;
(2) each person holding a
recorded interest in the real property subject to the covenant;
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(3) each person in
possession of the real property subject to the covenant;
(4) each political
subdivision in which real property subject to the covenant is located; and
(5) any other person the
environmental agency requires.
(b) The validity of a
covenant is not affected by failure to provide a copy of the covenant as
required under this section.
Sec. 10. [114E.35] RECORDING.
(a) An environmental
covenant and any amendment or termination of the covenant must be recorded with
the county recorder or registrar of titles, as applicable, in every county in
which any portion of the real property subject to the covenant is located. For
purposes of indexing, a holder shall be treated as a grantee.
(b) Except as otherwise
provided in section 114E.40, paragraph (f), an environmental covenant is
subject to the laws of this state governing recording and priority of interests
in real property.
Sec. 11. [114E.40] DURATION; MODIFICATION OR
TERMINATION BY ADMINISTRATIVE OR COURT ACTION.
(a) An environmental
covenant is perpetual unless it is:
(1) by its terms limited to a
specific duration or terminated by the occurrence of a specific event;
(2) terminated by consent
pursuant to section 114E.45;
(3) terminated pursuant to
paragraph (b) or (e);
(4) terminated by
foreclosure of an interest that has priority over the environmental covenant;
or
(5) terminated or modified
in an eminent domain proceeding, but only if:
(i) the environmental agency
that signed the covenant is a party to the proceeding;
(ii) all persons identified in
paragraph (c) are given notice of the pendency of the proceeding; and
(iii) the court determines,
after hearing, that the activity and use limitations subject to termination or
modification are no longer required to protect public health or welfare or the
environment.
(b) The environmental agency
that approved an environmental covenant may determine whether to terminate or
reduce the burden on the real property of the covenant if the agency determines
that some or all of the activity and use limitations under the covenant are no
longer required to protect public health or welfare or the environment or
modify the covenant if the agency determines that modification is required to
adequately protect public health or welfare or the environment.
(c) The environmental agency
shall provide notice of any proposed action under paragraph (b) to each person
with a current recorded interest in the real property subject to the
environmental covenant, each holder, all other persons who originally signed
the environmental covenant, or their successors or assigns, and any other
person with rights or obligations under the covenant. The environmental agency
shall provide 30 days for comment on the proposed action by parties entitled to
notice. Any person entitled to notice under this paragraph may request a
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contested case under chapter 14 by making the
request in writing within the 30-day comment period. A determination by an
environmental agency under this paragraph is a final agency decision subject to
judicial review in the same manner as provided in sections 14.63 to 14.68 or
under applicable federal law.
(d) Any person entitled to
notice under paragraph (c) may apply in writing to the environmental agency for
a determination under paragraph (b) that an existing covenant be terminated,
that the burden of a covenant be reduced, or that covenant be modified. The
application must specify the determination sought by the applicant, the reasons
why the environmental agency should make the determination, and the information
which would support it. If the environmental agency fails to commence a
proceeding under paragraph (b) within 60 days of receipt of the application,
the applicant may bring a de novo action in the district court for termination,
reduction of burden, or modification of the environmental covenant pursuant to
paragraph (e).
(e) The district court for
the county in which the real property subject to an environmental covenant is
located may, under the doctrine of changed circumstances, terminate the
covenant, reduce its burden on the real property, or modify its terms in a de
novo action if an environmental agency fails to commence a proceeding within 60
days as provided under paragraph (d). The applicant under paragraph (d), any
party to the environmental covenant, or any other person identified in
paragraph (c) may commence an action under this paragraph. The person
commencing the action shall serve notice of the action on the environmental
agency and any person entitled to notice under paragraph (c). The court shall
terminate, reduce the burden of, or modify the environmental covenant if the
court determines that the person bringing the action shows that some or all of
the activity and use limitations under the covenant do not, or are no longer
required to, protect public health or welfare or the environment.
(f) An environmental
covenant may not be extinguished, limited, or impaired through issuance of a
tax deed, foreclosure of a tax lien, or application of the doctrine of adverse
possession, prescription, abandonment, waiver, lack of enforcement, or
acquiescence, or a similar doctrine.
(g) An environmental
covenant may not be extinguished, limited, or impaired by application of section
500.20 or 541.023.
Sec. 12. [114E.45] AMENDMENT OR TERMINATION BY
CONSENT.
(a) An environmental
covenant may be amended or terminated by consent only if the amendment or
termination is signed by:
(1) the environmental
agency;
(2) the current owner of the
fee simple title to the real property subject to the covenant;
(3) every other original
signatory to the covenant, or their successor or assign, unless:
(i) the person waived the
right to consent to termination or modification in the environmental covenant
or another signed and acknowledged record that is recorded;
(ii) the person fails to
object to the amendment or termination within 60 days after a notice requesting
the person's consent to amendment or termination was mailed by certified mail,
return receipt requested, to the person's last known address, as obtained from
the United States Postal Service; or
(iii) a court finds that the
person no longer exists or cannot be located or identified with the exercise of
reasonable diligence; and
(4) each holder, except as
otherwise provided in paragraph (d).
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Any person may establish
that the notice described in clause (3), item (ii), was properly mailed by
recording an affidavit to that effect from a person having knowledge of the
facts, and a certified copy of the recorded affidavit shall be prima facie
evidence of the facts stated therein.
(b) If an interest in real
property is subject to an environmental covenant, the interest is not affected
by an amendment of the covenant unless the current owner of the interest
consents to the amendment or has waived in the environmental covenant or other
signed record the right to consent to amendments.
(c) Except for an assignment
undertaken pursuant to a governmental reorganization, or as otherwise provided
in the environmental covenant, assignment of an environmental covenant to a new
holder is an amendment.
(d) Except as otherwise
provided in paragraph (c) or in an environmental covenant:
(1) a holder may not assign
its interest without consent of the other parties specified in paragraph (a);
(2) a holder may be removed
and replaced by agreement of the other parties specified in paragraph (a); and
(3) a court of competent
jurisdiction may fill a vacancy in the position of holder.
Sec. 13. [114E.50] ENFORCEMENT OF ENVIRONMENTAL
COVENANT.
(a) A civil action for
injunctive or other equitable relief for violation of an environmental covenant
may be maintained by:
(1) a party to the covenant,
including all holders;
(2) the environmental agency
that signed the covenant;
(3) any person to whom the
covenant expressly grants power to enforce;
(4) a person whose interest
in the real property or whose collateral or liability may be affected by the
alleged violation of the covenant; or
(5) a political subdivision
in which the real property subject to the covenant is located.
(b) The state environmental
agency that signed the covenant may use any remedy or enforcement measure
provided in section 115.071, subdivisions 3 to 5, or 116.072 to remedy
violations of a covenant. This paragraph does not limit the state environmental
agency from taking action to enforce the terms of a covenant against a person
required to comply with the covenant in connection with that person's
obligation to perform response actions or as a condition of receiving a
liability assurance with respect to a release or threatened release of
contaminants.
(c) This chapter does not
limit the regulatory authority of the environmental agency under law other than
this chapter with respect to an environmental response project.
(d) A person is not
responsible for or subject to liability arising from a release or threatened
release of contamination into the environment, or for remediation costs
attendant thereto, solely because it has signed, holds rights to, or otherwise
has the right to enforce an environmental covenant.
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Sec. 14. [114E.60] UNIFORMITY OF APPLICATION AND
CONSTRUCTION.
In applying and construing
this chapter, consideration must be given to the need to promote uniformity of
the law with respect to its subject matter among states that enact it.
Sec. 15. [114E.65] RELATION TO ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
This chapter modifies,
limits, or supersedes the federal Electronic Signatures in Global and National
Commerce Act, United States Code, title 15, section 7001 et seq., but does not
modify, limit, or supersede section 101 of that act, United States Code, title
15, section 7001(a), or authorize electronic delivery of any of the notices
described in section 103 of that act, United States Code, title 15, section
7003(b).
Sec. 16. Minnesota Statutes
2006, section 115.072, is amended to read:
115.072 RECOVERY OF LITIGATION COSTS AND EXPENSES.
In any action brought by the
attorney general, in the name of the state, pursuant to the provisions of this
chapter and chapters 114C, 114E, and 116, for civil penalties,
injunctive relief, or in an action to compel compliance, if the state shall
finally prevail, and if the proven violation was willful, the state, in
addition to other penalties provided in this chapter, may be allowed an amount
determined by the court to be the reasonable value of all or a part of the
litigation expenses incurred by the state. In determining the amount of such
litigation expenses to be allowed, the court shall give consideration to the
economic circumstances of the defendant.
Amounts recovered under the
provisions of this section and section 115.071, subdivisions 3 to 5, shall be
paid into the environmental fund in the state treasury to the extent provided
in section 115.073.
Sec. 17. Minnesota Statutes
2006, section 115.55, subdivision 6, is amended to read:
Subd. 6. Disclosure of individual sewage treatment
system to buyer. (a) Before signing an agreement to sell or transfer real
property, the seller or transferor must disclose in writing to the buyer or transferee
information on how sewage generated at the property is managed. The disclosure
must be made by delivering a statement to the buyer or transferee that either:
(1) the sewage goes to a
facility permitted by the agency; or
(2) the sewage does not go
to a permitted facility, is therefore subject to applicable requirements, and describes
the system in use, including the legal description of the property, the county
in which the property is located, and a map drawn from available information
showing the location of the system on the property to the extent practicable
the system has a valid certificate of compliance or notice of noncompliance as
provided under subdivision 5. If the seller or transferor has knowledge
that an abandoned individual sewage treatment system exists on the property,
the disclosure must include a map showing its location. In the disclosure
statement the seller or transferor must indicate whether the individual sewage
treatment system is in use and, to the seller's or transferor's knowledge, in
compliance with applicable sewage treatment laws and rules. A copy of
the certificate of compliance or notice of noncompliance shall be provided to
the county recorder or registrar of titles in the county where the individual
sewage treatment system is located. A copy of the filing shall go to the county
office responsible for the individual sewage treatment system program.
(b) Unless the buyer or
transferee and seller or transferor agree to the contrary in writing before the
closing of the sale, A seller or transferor who fails to disclose the
existence or known status of an individual sewage treatment system provide
to the buyer or transferor a valid certificate of compliance or notice of
noncompliance at the time of
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sale, and who knew or had
reason to know of the existence or known status of the system, and whose
system was noncompliant at the time of the sale is liable to the buyer or
transferee for costs relating to bringing the system into compliance with the
individual sewage treatment system rules and for reasonable attorney fees for
collection of costs from the seller or transferor. An action under this
subdivision must be commenced within two years after the date on which the
buyer or transferee closed the purchase or transfer of the real property where
the system is located.
Sec. 18. Minnesota Statutes
2006, section 115.56, subdivision 2, is amended to read:
Subd. 2. License required. (a) Except as
provided in paragraph (b), after March 31, 1996, a person may not design,
install, maintain, pump, or inspect an individual sewage treatment system
without a license issued by the commissioner.
(b) A license is not
required for a person who complies with the applicable requirements if the
person is:
(1) a qualified employee of
state or local government who has passed the examination described in paragraph
(d) or a similar examination;
(2) an individual who
constructs an individual sewage treatment system on land that is owned or
leased by the individual and functions solely as the individual's dwelling or
seasonal dwelling;
(3) a farmer who pumps and
disposes of sewage waste from individual sewage treatment systems, holding tanks,
and privies on land that is owned or leased by the farmer; or
(4) an individual who
performs labor or services for a person licensed under this section in
connection with the design, installation, maintenance, pumping, or inspection
of an individual sewage treatment system at the direction and under the
personal supervision of a person licensed under this section.
A person constructing an
individual sewage treatment system under clause (2) must consult with a site
evaluator or designer before beginning construction. In addition, the system
must be inspected before being covered and a compliance report must be provided
to the local unit of government after the inspection.
(c) The commissioner, in
conjunction with the University of Minnesota Extension Service or another
higher education institution, shall ensure adequate training exists for
individual sewage treatment system professionals.
(d) The commissioner shall
conduct examinations to test the knowledge of applicants for licensing and
shall issue documentation of licensing.
(e) Licenses may be issued
only upon successful completion of the required examination and submission of
proof of sufficient experience, proof of general liability insurance, and a
corporate surety bond in the amount of at least $10,000.
(f) Notwithstanding
paragraph (e), the examination and proof of experience are not required for an
individual sewage treatment system professional who, on the effective date of
the rules adopted under subdivision 1, holds a certification attained by
examination and experience under a voluntary certification program administered
by the agency.
(g) Local units of
government may not require additional local licenses for individual sewage
treatment system professionals.
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(h) A pumper whose annual
gross revenue from pumping systems is $9,000 or less and whose gross revenue
from pumping systems during the year ending May 11, 1994, was at least $1,000 is
not subject to training requirements in rules adopted under subdivision 1,
except for any training required for initial licensure.
(i) No other professional
license is required to design, install, maintain, or inspect an individual
sewage treatment system with a flow of 10,000 gallons of water per day or less
if the system designer, installer, maintainer, or inspector is licensed under
this subdivision and the local unit of government has not adopted additional
requirements. No other professional license is required to operate an
individual sewage treatment system with a flow of 10,000 gallons of water per
day or less if the system operator is licensed as a system designer, installer,
maintainer, or inspector under this subdivision and the local unit of government
has not adopted additional requirements.
EFFECTIVE DATE. This section is
effective the day following final enactment and expires December 31, 2010.
Sec. 19. Minnesota Statutes
2006, section 115B.17, subdivision 15, is amended to read:
Subd. 15. Acquisition of property. The agency may
acquire, by purchase or donation, an interest interests in real
property, including easements, restrictive environmental
covenants under chapter 114E, and leases, that the agency determines is
are necessary for response action. The validity and duration of a
restrictive covenant or nonpossessory easement acquired under this subdivision
shall be determined in the same manner as the validity and duration of a
conservation easement under chapter 84C, unless the duration is otherwise
provided in the agreement. The agency may acquire an easement by
condemnation only if the agency is unable, after reasonable efforts, to acquire
an interest in real property by purchase or donation. The provisions of chapter
117 govern condemnation proceedings by the agency under this subdivision. A
donation of an interest in real property to the agency is not effective until
the agency executes a certificate of acceptance. The state is not liable under
this chapter solely as a result of acquiring an interest in real property under
this subdivision. Agency approval of an environmental convenant under
chapter 114E is sufficient evidence of acceptance of an interest in real
property where the agency is expressly identified as a holder in the covenant.
Sec. 20. Minnesota Statutes
2006, section 116.07, subdivision 2a, is amended to read:
Subd. 2a. Exemptions from standards. No standards
adopted by any state agency for limiting levels of noise in terms of sound
pressure which may occur in the outdoor atmosphere shall apply to (1) segments
of trunk highways constructed with federal interstate substitution money,
provided that all reasonably available noise mitigation measures are employed
to abate noise, (2) an existing or newly constructed segment of a highway,
provided that all reasonably available noise mitigation measures, as approved
by the commissioners of the Department of Transportation and Pollution Control
Agency, are employed to abate noise, (3) except for the cities of Minneapolis
and St. Paul, an existing or newly constructed segment of a road, street, or
highway under the jurisdiction of a road authority of a town, statutory or home
rule charter city, or county, except for roadways for which full control of
access has been acquired, (4) skeet, trap or shooting sports clubs, or (5)
motor vehicle race events conducted at a facility specifically designed for
that purpose that was in operation on or before July 1, 1983 1996.
Nothing herein shall prohibit a local unit of government or a public
corporation with the power to make rules for the government of its real
property from regulating the location and operation of skeet, trap or shooting
sports clubs, or motor vehicle race events conducted at a facility specifically
designed for that purpose that was in operation on or before July 1, 1983
1996.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 21. Minnesota Statutes
2006, section 116.23, is amended to read:
116.23 PROHIBITION AND RESTRICTIONS.
Subdivision 1. Nutrient concentrations. No person shall manufacture for use
or sale in Minnesota or import into Minnesota for resale any cleaning agent or
chemical water conditioner which contains a prescribed nutrient in a
concentration that is greater than the prescribed maximum permissible
concentration of that nutrient in that cleaning agent or chemical water
conditioner.
Subd. 2. Residential dishwasher detergent. No person shall sell, distribute,
offer, or expose for sale at retail any household dishwasher detergent that
contains more than 0.5 percent phosphorus by weight. This subdivision does not
apply to the sale or distribution of detergents for commercial or institutional
dishwashing purposes.
EFFECTIVE DATE. This section is
effective July 1, 2010.
Sec. 22. REPORT.
The commissioner of the
Pollution Control Agency must report to the legislative committees with jurisdiction
on environmental policy by February 15, 2008, after consulting with officials
from the Minnesota Onsite Wastewater Association; the Minnesota Society of
Professional Engineers; the American Council of Engineering Companies; the
Minnesota Association of Professional Soil Scientists; the Minnesota Board of
Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design; the University of Minnesota Water Resources Center; the
Association of Minnesota Counties; the Minnesota Association of Small Cities;
and the Minnesota Association of Townships, on further issues relating to the
licensing of individual sewage treatment systems.
EFFECTIVE DATE. This section is
effective the day following final enactment and expires December 31, 2010."
Delete the title and insert:
"A bill for an act
relating to natural resources; modifying authority to designate infested
waters; modifying land acquisition requirements; modifying land owners' bill of
rights; modifying requirements for certain recreational vehicles; establishing
an off-highway vehicle safety and conservation program; modifying certain state
trails, parks, and wildlife management areas; modifying state park permit
provisions; modifying definitions; providing for and modifying certain fees;
modifying license and stamp provisions; modifying possession and taking
restrictions; providing for apprentice hunter validation; modifying commercial
fishing provisions; providing for a crossbow deer season; providing for timber
sales; extending expiration of the Minerals Coordinating Committee; modifying
recordation requirements for mineral interests; modifying requirements for
certain contested case hearings; modifying water supply plan requirements;
providing for regulation of shoreland resorts; adopting the Uniform
Environmental Covenants Act; modifying individual sewage treatment system
provisions; extending exemptions to noise standards; restricting the use of
phosphorus in household dishwasher detergent; modifying zoning provisions for
nonconforming parcels; exempting certain exchanged land from the tax-forfeited
land assurance fee; authorizing public and private sales, conveyances, and
leases of certain state lands; providing for status of certain land in
St. Louis County; providing for temporary suspension of apportionment of
certain proceeds from tax-forfeited lands; modifying authority for and
requiring rulemaking; requiring reports; providing civil penalties; amending
Minnesota Statutes 2006, sections 84.027, by adding a subdivision; 84.0272,
subdivision 3; 84.0274, subdivision 5; 84.029, subdivision 2; 84.788,
subdivision 1; 84.82, subdivision 6; 84.8205, subdivision 1; 84.925,
subdivision 5; 84D.03, subdivision 1; 84D.12, subdivisions 1, 3; 85.015,
subdivision 14; 85.053, subdivisions 2, 8; 93.0015, subdivision 3; 93.55,
subdivision 1, by adding a subdivision; 97A.015, subdivision 24, by adding a
subdivision; 97A.045, by adding a subdivision; 97A.133, by adding a
subdivision; 97A.401, subdivision 5; 97A.405, subdivisions 2, 4; 97A.441,
subdivision 7; 97A.445, by adding a subdivision; 97A.451, subdivisions 3, 3a;
97A.465, by adding a
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Day - Monday, May 7, 2007 - Top of Page 5695
subdivision; 97A.473,
subdivisions 3, 5; 97A.475, subdivisions 2, 3, 16; 97A.505, subdivision 4;
97A.511; 97B.015, by adding a subdivision; 97B.020; 97B.031, subdivision 1;
97B.035, by adding a subdivision; 97B.055, subdivision 3; 97B.075; 97B.085,
subdivision 3; 97B.301, subdivision 7; 97B.311; 97B.318, subdivision 1; 97B.327;
97B.715, subdivision 1; 97B.801; 97B.928, subdivision 1; 97C.325; 97C.335;
97C.355, subdivision 8; 97C.371, by adding a subdivision; 97C.835, subdivisions
1, 2, 3, 8; 103F.205, subdivision 1; 103G.291, subdivision 3; 103G.311,
subdivision 2; 115.072; 115.55, subdivision 6; 115.56, subdivision 2; 115B.17,
subdivision 15; 116.07, subdivision 2a; 116.23; 282.04, subdivision 1; 394.36,
by adding a subdivision; 462.357, subdivision 1e; 473.1565, subdivision 1;
473.859, subdivision 3; Laws 2006, chapter 236, article 1, section 21;
proposing coding for new law in Minnesota Statutes, chapters 84; 97B; 97C;
103F; proposing coding for new law as Minnesota Statutes, chapter 114E;
repealing Minnesota Statutes 2006, sections 85.015, subdivision 11; 97A.475,
subdivision 38; 97C.365; Laws 2006, chapter 236, article 1, section 2."
POINT OF ORDER
Buesgens raised a point of order pursuant to rule 3.21 that the
Dill and Eken amendment was not in order.
The Speaker submitted the following question to the House:
"Is it the judgment of the House that the Buesgens point of order is well
taken?"
A roll call was requested and properly seconded.
The question was taken on the Buesgens point of order and the
roll was called. There were 51 yeas and 81 nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Dettmer
Eastlund
Emmer
Erickson
Finstad
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Kohls
Lenczewski
Magnus
Masin
McFarlane
McNamara
Morgan
Nornes
Olson
Ozment
Paulsen
Paymar
Peppin
Peterson, N.
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Slocum
Smith
Sviggum
Tingelstad
Wardlow
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
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Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
It was the judgment of the House that the Buesgens point of
order was not well taken and that the Dill and Eken amendment was in order.
The question recurred on the Dill and Eken amendment to
S. F. No. 1131. The motion prevailed and the amendment was adopted.
Dill moved to amend S. F.
No. 1131, the first engrossment, as amended, as follows:
Page 29, after line 33,
insert:
"Sec. 68. Minnesota
Statutes 2006, section 373.01, subdivision 1, is amended to read:
Subdivision 1. Public corporation; listed powers. (a)
Each county is a body politic and corporate and may:
(1) Sue and be sued.
(2) Acquire and hold real
and personal property for the use of the county, and lands sold for taxes as
provided by law.
(3) Purchase and hold for
the benefit of the county real estate sold by virtue of judicial proceedings,
to which the county is a party.
(4) Sell, lease, and convey
real or personal estate owned by the county, and give contracts or options to
sell, lease, or convey it, and make orders respecting it as deemed conducive to
the interests of the county's inhabitants.
(5) Make all contracts and
do all other acts in relation to the property and concerns of the county
necessary to the exercise of its corporate powers.
(b) No sale, lease, or
conveyance of real estate owned by the county, except the lease of a residence
acquired for the furtherance of an approved capital improvement project, nor
any contract or option for it, shall be valid, without first advertising for
bids or proposals in the official newspaper of the county for three consecutive
weeks and once in a newspaper of general circulation in the area where the
property is located. The notice shall state the time and place of considering
the proposals, contain a legal description of any real estate, and a brief
description of any personal property. Leases that do not exceed $15,000 for any
one year may be negotiated and are not subject to the competitive bid
procedures of this section. All proposals estimated to exceed $15,000 in any
one year shall be considered at the time set for the bid opening, and the one
most favorable to the county accepted, but the county board may, in the
interest of the county, reject any or all proposals.
(c) Sales of personal
property the value of which is estimated to be $15,000 or more shall be made
only after advertising for bids or proposals in the county's official
newspaper, on the county's Web site, or in a recognized industry trade journal.
At the same time it posts on its Web site or publishes in a trade journal, the
county must publish in the official newspaper, either as part of the minutes of
a regular meeting of the county board or in a separate notice, a summary of all
requests for bids or proposals that the county advertises on its Web site or in
a trade journal. After publication in the official newspaper, on the Web site,
or in a trade journal, bids or proposals may be solicited and accepted by the
electronic selling process authorized in section 471.345, subdivision 17. Sales
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of personal property the value of which is estimated
to be less than $15,000 may be made either on competitive bids or in the open
market, in the discretion of the county board. "Web site" means a
specific, addressable location provided on a server connected to the Internet
and hosting World Wide Web pages and other files that are generally accessible
on the Internet all or most of a day.
(d) Notwithstanding anything
to the contrary herein, the county may, when acquiring real property for county
highway right-of-way, exchange parcels of real property of substantially
similar or equal value without advertising for bids. The estimated values for
these parcels shall be determined by the county assessor.
(e) If real estate or
personal property remains unsold after advertising for and consideration of
bids or proposals the county may employ a broker to sell the property. The
broker may sell the property for not less than 90 percent of its appraised
market value as determined by the county. The broker's fee shall be set by
agreement with the county but may not exceed ten percent of the sale price and
must be paid from the proceeds of the sale.
(f) A county or its agent
may rent a county-owned residence acquired for the furtherance of an approved
capital improvement project subject to the conditions set by the county board
and not subject to the conditions for lease otherwise provided by paragraph
(a), clause (4), and paragraphs (b), (c), (d), (e), and (g).
(g) In no case shall lands
be disposed of without there being reserved to the county all iron ore and
other valuable minerals in and upon the lands, with right to explore for, mine
and remove the iron ore and other valuable minerals, nor shall the minerals and
mineral rights be disposed of, either before or after disposition of the
surface rights, otherwise than by mining lease, in similar general form to that
provided by section 93.20 for mining leases affecting state lands. The lease
shall be for a term not exceeding 50 years, and be issued on a royalty basis,
the royalty to be not less than 25 cents per ton of 2,240 pounds, and fix a
minimum amount of royalty payable during each year, whether mineral is removed
or not. Prospecting options for mining leases may be granted for periods not
exceeding one year. The options shall require, among other things, periodical
showings to the county board of the results of exploration work done.
(h) Notwithstanding anything
in this subdivision to the contrary, the county may, when selling real property
owned in fee simple that cannot be improved because of noncompliance with local
ordinances regarding minimum area, shape, frontage, or access, proceed to sell
the nonconforming parcel without advertising for bid. At the county's
discretion, the real property may be restricted to sale to adjoining landowners
or may be sold to any other interested party. The property shall be sold to the
highest bidder, but in no case shall the property be sold for less than 90
percent of its fair market value as determined by the county assessor. All
owners of land adjoining the land to be sold shall be given a written notice at
least 30 days before the sale. This paragraph shall be liberally construed to
encourage the sale of nonconforming real property and promote its return to the
tax roles."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
McNamara and Dill moved to
amend S. F. No. 1131, the first engrossment, as amended, as follows:
Page 58, line 1, delete
"the 16th day of" and insert "December 1 during"
The motion prevailed and the amendment was adopted.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5698
Hilstrom moved to amend S.
F. No. 1131, the first engrossment, as amended, as follows:
Pages 29 and 30, delete
sections 68 and 69
Renumber the sections in sequence
and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Hilstrom amendment and the roll
was called. There were 80 yeas and 52 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dominguez
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Dettmer
Dittrich
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Juhnke
Koenen
Kohls
Kranz
Lanning
Magnus
Marquart
McFarlane
Nornes
Olson
Otremba
Ozment
Paulsen
Peppin
Rukavina
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Solberg
Sviggum
Tingelstad
Wardlow
Westrom
Zellers
The motion prevailed and the amendment was adopted.
Hackbarth moved to amend to
S. F. No. 1131, the first engrossment, as amended, as follows:
Pages 17 and 18, delete
section 43
The motion did not prevail and the amendment was not adopted.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5699
The Speaker called Thissen to the Chair.
Hackbarth, Emmer, Erickson
and Nornes moved to amend S. F. No. 1131, the first engrossment, as amended,
as follows:
Page 72, line 11, after the
period, insert "Motor vehicle race events exempted from state standards
under this subdivision are exempt from claims based on noise brought under
section 561.01 and chapters 116B and 116D."
A roll call was requested and properly seconded.
The question was taken on the Hackbarth et al amendment and the
roll was called. There were 47 yeas and 84 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Dill
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Koenen
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Sviggum
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paulsen
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Howes, Ward, and Doty moved
to amend S. F. No. 1131, the first engrossment, as amended, as follows:
Page 58, after line 31,
insert:
"Sec. 116. PUBLIC MEETINGS REQUIRED; CONSTRUCTION
OF MOORING FACILITIES.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5700
The commissioner of natural
resources shall hold at least two public meetings in the north central lakes
area of the state to inform the public of and gather public input regarding the
conditions and criteria under Minnesota Rules, part 6115.0211, subpart 4a, item
C, for permitted mooring facilities and docks.
EFFECTIVE DATE. This section is
effective the day following final enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Howes and Moe moved to amend
S. F. No. 1131, the first engrossment, as amended, as follows:
Page 58, after line 31,
insert:
"Sec. 116. LEECH LAKE STOCKING.
The commissioner of natural
resources shall rank Leech Lake no lower than third in any prioritization of
state lakes for walleye stocking in 2007, 2008, and 2009, or until Leech Lake
shows sufficient natural production of walleye, whichever is later.
Sec. 117. CORMORANT CONTROL.
The commissioner of natural
resources shall control cormorant in the state as allowed under federal law.
Sec. 118. RUSTY CRAYFISH STUDY.
The commissioner of natural
resources shall continue to study the effects of rusty crayfish on walleye
reproduction in Leech Lake."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Juhnke and Dill moved to
amend S. F. No. 1131, the first engrossment, as amended, as follows:
Page 1, line 22, strike
"available information including, but not limited to"
Page 1, line 23, after
"(1)" insert "up to"
Page 1, line 25, after
"located" insert ", plus ten percent"
Page 2, line 1, strike
"land or" and insert "Department of Natural Resources land
sales or acquisitions of"
The motion prevailed and the amendment was adopted.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5701
Scalze; Cornish; Erhardt;
Peterson, A.; Tschumper and Greiling moved to amend S. F. No. 1131, the first
engrossment, as amended, as follows:
Page 1, after line 4,
insert:
"Section 1. Minnesota
Statutes 2006, section 17.4984, subdivision 1, is amended to read:
Subdivision 1. License required. (a) A person or
entity may not operate an aquatic farm without first obtaining an aquatic farm
license from the commissioner.
(b) Applications for an
aquatic farm license must be made on forms provided by the commissioner.
(c) Licenses are valid for
five years and are transferable upon notification to the commissioner.
(d) The commissioner shall
issue an aquatic farm license on payment of the required license fee under
section 17.4988.
(e) A license issued by the
commissioner is not a determination of private property rights, but is only
based on a determination that the licensee does not have a significant
detrimental impact on the public resource.
(f) The commissioner shall
not issue or renew a license to farm fish in a natural water body if the
natural water body is the subject of a protective easement or other interest in
land that was acquired with funding from federal waterfowl stamp proceeds or
migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if
the natural water body was the subject of any other development, restoration,
maintenance, or preservation project funded under section 97A.075, subdivision
2.
EFFECTIVE DATE. This section is
effective July 1, 2008."
Renumber the sections in
sequence and correct internal references
Amend the title as follows:
Page 73, line 10, after the
first semicolon, insert "modifying aquatic farm license provisions;"
POINT OF ORDER
Seifert raised a point of order pursuant to rule 3.21 that the
Scalze et al amendment was not in order. Speaker pro tempore Thissen ruled the
point of order not well taken and the Scalze et al amendment in order.
The question recurred on the Scalze et al amendment to
S. F. No. 1131, the first engrossment, as amended. The motion
did not prevail and the amendment was not adopted.
Rukavina moved to amend S.
F. No. 1131, the first engrossment, as amended, as follows:
Page 58, after line 31,
insert:
"Sec. 116. BIG ISLAND.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5702
Notwithstanding Minnesota
Statutes, section 83A.02, the commissioner of natural resources shall initiate
a process to rename Big Island on Pelican Lake in St. Louis County."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Rukavina moved to amend S.
F. No. 1131, the first engrossment, as amended, as follows:
Page 58, after line 31,
insert:
"Sec. 116. APPEALS BOARD OF ADJUSTMENT.
(a) A county, with a city of
the first class, encompassing over 5,000 square miles must establish as a pilot
program an Appeals Board of Zoning Adjustment to review determinations made by
the Board of Zoning Adjustment. The Appeals Board of Zoning Adjustment shall be
an intermediary appeal process that may be accessed prior to appealing a
decision to the district court. The Appeals Board of Zoning Adjustment shall be
comprised of the county board, two sitting members of the Board of Zoning
Adjustment, and two member citizens who have had appeals within the past five
years before the Board of Zoning Adjustment. Members shall serve a three-year
term.
(b) Paragraph (a) expires
two years after the effective date of this section."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Hackbarth offered an amendment to S. F. No. 1131, the first
engrossment, as amended.
Hackbarth requested a division of his amendment to S F. No.
1131, the first engrossment, as amended.
The first portion of the Hackbarth amendment to S. F. No. 1131,
the first engrossment, as amended, reads as follows:
Page 58, line 33, before
"Minnesota" insert "(a)"
Page 58, after line 34,
insert:
"(b) 2007, S.F. No.
2096, article 1, the amendments to Minnesota Statutes 2006, section 84.777 in
section 24, if enacted, are repealed effective July 1, 2007."
Amend the title accordingly
The motion prevailed and the first portion of the Hackbarth
amendment was adopted.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5703
The second portion of the
Hackbarth amendment to S. F. No. 1131, as amended, reads as follows:
Page 58, after line 34,
insert:
"(c) 2007, S. F. No.
2096, article 1, section 26, if enacted, is repealed effective the day
following final enactment of Laws 2006, S. F. No. 2096."
Amend the title accordingly
A roll call was requested and properly seconded.
The
question was taken on the second portion of the Hackbarth amendment and the
roll was called. There were 43 yeas and 88 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Beard
Brod
Buesgens
Dean
DeLaForest
Dettmer
Dittrich
Eastlund
Emmer
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Koenen
Kohls
Kranz
Lanning
Magnus
McFarlane
Nornes
Olson
Otremba
Peppin
Rukavina
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Solberg
Sviggum
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dominguez
Doty
Eken
Erhardt
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paulsen
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the second portion of the
Hackbarth amendment was not adopted.
Sailer and Moe moved to amend S. F. No. 1131, the first
engrossment, as amended, as follows:
Page 54, after line 2, insert:
"Sec. 41. LAND EXCHANGE; BELTRAMI COUNTY.
(a) The commissioner of natural resources shall, with the
approval of the Land Exchange Board as required under the Minnesota
Constitution, article XI, section 10, and according to Minnesota Statutes,
sections 94.343 to 94.347, exchange the land described in
paragraph (b) for land of comparable value that borders public water.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5704
(b) The land to be conveyed is located in Beltrami County
and is described as:
(1) that part of the Southeast Quarter of the Southeast Quarter
west of County State-Aid Highway 14, Section 32, Township 147 North, Range 34
West;
(2) the Southeast Quarter of the Southwest Quarter of the
Southeast Quarter, Section 32, Township 147 North, Range 34 West; and
(3) that part of the Northeast Quarter of the Northeast
Quarter west of County State-Aid Highway 14 and north of the haul road, Section
5, Township 146 North, Range 34 West."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Urdahl and Westrom moved to
amend S. F. No. 1131, the first engrossment, as amended, as follows:
Page 72, after line 28,
insert:
"Sec. 22. PUBLIC FACILITIES AUTHORITY FUNDING.
To the greatest practical
extent, projects on the Public Facilities Authority's 2007 intended use plan,
the listings for which were based on the Pollution Control Agency's 2006
project priority list, shall be carried over to the 2008 intended use plan.
Projects that qualified for funding from the Public Facilities Authority under
Laws 2006, chapter 258, section 21, that could not be certified by the
Pollution Control Agency by the applicable deadline shall have until May 1,
2008, or six months after the Minnesota Supreme Court issues an opinion in the
cities of Maple Lake and Annandale matter, whichever is later, to obtain the
required certification from the Pollution Control Agency."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Hackbarth and Emmer offered an amendment to
S. F. No. 1131, the first engrossment, as amended.
CALL OF THE HOUSE
On the motion of Buesgens and on the demand of 10 members, a
call of the House was ordered. The following members answered to their names:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5705
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Sertich moved that further proceedings of the roll call be suspended
and that the Sergeant at Arms be instructed to bring in the absentees. The
motion prevailed and it was so ordered.
POINT
OF ORDER
Sertich raised a point of order pursuant to rule 3.21 that the Hackbarth
and Emmer amendment was not in order. Speaker pro tempore Thissen ruled the
point of order well taken and the Hackbarth and Emmer amendment out of order.
Seifert appealed the decision of Speaker pro tempore Thissen.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of
Speaker pro tempore Thissen stand as the judgment of the House?" and the
roll was called. There were 84 yeas
and 48 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Finstad
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5706
Those who
voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Dittrich
Eastlund
Emmer
Erhardt
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
So it was the judgment of the House that the decision of
Speaker pro tempore Thissen should stand.
CALL
OF THE HOUSE LIFTED
Sertich moved that the call of the House be lifted. The motion
prevailed and it was so ordered.
The Speaker resumed the Chair.
S. F. No. 1131, A bill for an act relating to game and fish;
modifying Lake Superior commercial fishing provisions; amending Minnesota
Statutes 2006, section 97C.835, subdivisions 1, 3, 8; proposing coding for new
law in Minnesota Statutes, chapter 97C.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 118 yeas and 13 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Dettmer
Dill
Dittrich
Dominguez
Doty
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5707
Those who voted in the negative
were:
Anderson, B.
Buesgens
DeLaForest
Eastlund
Hausman
Hoppe
Hornstein
Lenczewski
Olson
Paymar
Shimanski
Slocum
Wagenius
The bill was passed, as amended, and its title agreed to.
H. F. No. 2294, A bill for an act relating to taxation;
modifying the levy authority of the Cook-Orr Hospital District; amending Laws
1988, chapter 645, section 3, as amended.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
CALL
OF THE HOUSE
On the motion of Buesgens and on the demand of 10 members, a
call of the House was ordered. The following members answered to their names:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Beard
Benson
Berns
Bigham
Brod
Brown
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5708
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Ward
Wardlow
Westrom
Winkler
Zellers
Spk. Kelliher
Sertich moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it was so ordered.
S. F. No. 463 was reported to the House.
Seifert moved to amend S. F.
No. 463, the unofficial engrossment, as follows:
Page 2, after line 3,
insert:
"Sec. 2. FEE INCREASES RESCINDED.
All fees increased by act of the state legislature since June 30, 2005, are rescinded.<