STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED THIRTEENTH DAY
Saint Paul, Minnesota, Thursday, May 8, 2008
The House of Representatives convened at 9:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Richard D. Buller, 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
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
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
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
The Chief Clerk proceeded to read the Journal of the preceding
day. Magnus moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
There being no objection, the order of business advanced to
Motions and Resolutions.
MOTIONS AND RESOLUTIONS
Kelliher, Koenen, Sertich, Wardlow and Tingelstad introduced:
House Resolution No. 12, A House resolution commending
Minnesotans for their contributions in World War II.
SUSPENSION
OF RULES
Tingelstad moved that the rules be so far suspended that House
Resolution No. 12 be now considered and be placed upon its adoption. The motion prevailed.
HOUSE
RESOLUTION NO. 12
A House resolution commending Minnesotans for their
contributions in World War II.
Whereas, Minnesota servicemen and service women played a
significant role in the critical early stages of World War II. Minnesota Naval Reservists from St. Paul,
manning guns on the USS Ward, sank a Japanese submarine outside Pearl Harbor
before the main Japanese attack on December 7, 1941. Brainerd's Company A of the 194th Tank Battalion fired the first
American tank shots of the war opposing the Japanese invasion of Luzon in
December of 1941. The National Guard
34th "Red Bull" Infantry Division, comprised mostly of men from
Minnesota, Iowa, and the Dakotas, was the first American division to embark for
Europe in January 1942. The 34th
Division's 175th Field Artillery Battalion fired the first American ground
force shots at the German Army near Mdjez el Bab in Tunisia in November 1942;
and
Whereas, more than 326,000 Minnesota men and women
served in the armed forces of the United States during World War II, and over
6,000 died while in service; and
Whereas, ten Minnesotans were awarded the Congressional
Medal of Honor; and
Whereas, Minnesota workers and corporations supported
the war effort on the homefront. The
Iron Range supplied the raw material to build much of the equipment necessary
to fight the war. In the Twin Cities,
B-24 bombers were modified and troop transport gliders were built. The United States Navy contracted with
Cargill to build 18 refueling ships and four towboats in four years. Munsingwear made military garments, Crown
Iron Works made portable bridges and pontoons, Andersen Corporation made prefab
huts, Honeywell made precision instruments like gunsights, Northern Pump
Company built a new plant in three months and with 7,000 employees became the largest
supplier of munitions for the Navy, and Spam canned meat served as a staple for
both soldiers and war refugees worldwide.
The war provided increased opportunities for African-American and Native
American Minnesotans to more fully participate in the workforce and contribute
to the effort; and
Whereas, women entered the workforce in unprecedented
numbers, assuming responsibilities not widely available to them before -
notably in defense manufacturing, shipbuilding, mining, and public works. In addition to the one-third of the state's
adult female population who were employed during the war, women also found
other important ways to assist the war effort.
Among many volunteer activities, women offered their services to the Red
Cross and the Office of Civilian Defense, selling war bonds and working on
farms to replace their husbands and the hired workers who had gone to fight;
and
Whereas, veterans returned from war to join forces with
those working on the homefront to rebuild our own civil society and help the
rest of the world recover after the war.
Agriculture evolved from an individual occupation into a major industry
after World War II with important technological advancements to increase
productivity. As veterans took
advantage of the GI bill, suburban development intensified due to new demand
for housing. Minnesota provided strong
leadership in the advancement of equal human and civil rights, as well as
becoming a center of technology and innovation with the creation of such
companies as United Research Associates (Sperry Rand), Control Data, Cray
Research, Medtronic, and 3M; and
Whereas, Minnesotans continue to honor the contributions
of servicemen and service women.
Through over 20 years of monthly public programs and outreach efforts by
the Dr. Harold C. Deutsch World War II History Round Table; the Memorial Rifle
Squad, which has provided ceremonial honors at 51,000 burials over 29 years,
and members of all five squads travel a total of 3,300 miles every week to get
to the Fort Snelling National Cemetery; the Minnesota Historical Society's
tribute to the Greatest Generation; the Veterans of Foreign Wars and Women Veterans
of Minnesota organizations; and many other service and volunteer organizations;
and
Whereas, four World War II veterans, Harold Stassen,
Orville Freeman, Karl Rolvaag, and Albert Quie, served as Minnesota Governors,
and over 130 World War II veterans went on to serve in the Minnesota
Legislature, including currently-serving Rep. Bernard "Bernie"
Lieder; Now, Therefore,
Be It Resolved by the House of Representatives of the
State of Minnesota that it recognizes the many contributions of veterans of
World War II and extends its gratitude for their sacrifices.
Be It Further Resolved that the Chief Clerk of the House
of Representatives is directed to prepare an enrolled copy of this resolution,
to be authenticated by his signature and that of the Speaker, and transmit it
to the Dr. Harold C. Deutsch World War II History Round Table and the Minnesota
Historical Society.
Tingelstad moved that House Resolution No. 12 be now
adopted. The motion prevailed and House
Resolution No. 12 was adopted.
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
The House recessed to honor and pay tribute to Minnesota
veterans of World War II.
RECONVENED
The House reconvened and was called to order by Speaker pro
tempore Thissen.
There being no objection, the order of business reverted to
Reports of Chief Clerk.
REPORTS
OF CHIEF CLERK
S. F. No. 3396 and
H. F. No. 3612, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Davnie moved that the rules be so far suspended that
S. F. No. 3396 be substituted for H. F. No. 3612
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 1875, A bill for an act relating to health; changing the public program
volume factor for MERC from revenue to charges; amending Minnesota Statutes
2006, section 62J.692, subdivision 4.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
62E.10, subdivision 2, is amended to read:
Subd.
2. Board
of directors; organization. The
board of directors of the association shall be made up of eleven members as
follows: six directors selected by contributing members, subject to approval by
the commissioner, one of which must be a health actuary; five public directors
selected by the commissioner, at least two of whom must be plan enrollees, two
of whom must be representatives of employers whose accident and health
insurance premiums are part of the association's assessment base, are
covered under an individual plan subject to assessment under section 62E.11 or
group plan offered by an employer subject to assessment under section 62E.11,
and one of whom must be a licensed insurance agent. At least two of the public directors must reside outside of the
seven county metropolitan area. In
determining voting rights at members' meetings, each member shall be entitled
to vote in person or proxy. The vote
shall be a weighted vote based upon the member's cost of self-insurance,
accident and health insurance premium, subscriber contract charges, health
maintenance contract payment, or community integrated service network payment
derived from or on behalf of Minnesota residents in the previous calendar year,
as determined by the commissioner. In
approving directors of the board, the commissioner shall consider, among other
things, whether all types of members are fairly represented. Directors selected by contributing members
may be reimbursed from the money of the association for expenses incurred by
them as directors, but shall not otherwise be compensated by the association
for their services. The costs of
conducting meetings of the association and its board of directors shall be
borne by members of the association."
Delete
the title and insert:
"A
bill for an act relating to health; modifying board of directors for
comprehensive health association; amending Minnesota Statutes 2006, section 62E.10,
subdivision 2."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 2748, A bill for an act relating to health; establishing oversight for
rural health cooperative; requiring the administrative services unit to
apportion the amount necessary to purchase medical professional liability
insurance coverage and authorizing fees to be adjusted to compensate for the
apportioned amount; appropriating money; amending Minnesota Statutes 2006,
section 214.40, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 62R.
Reported
the same back with the following amendments:
Page
3, line 3, after "unit" insert "of the Board of
Nursing Home Administrators"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 3082, A bill for an act relating to retirement; various retirement plans;
adding two employment positions to the correctional state employees retirement
plan; including certain departments of the Rice Memorial Hospital in Willmar
and the Worthington Regional Hospital in privatized public employee retirement
coverage; providing for the potential dissolution of the Minnesota Post
Retirement Investment Fund; increasing teacher retirement plan reemployed
annuitant earnings limitations; temporarily exempting Metropolitan Airports
Commission police officers from reemployed annuitant earnings limits; mandating
joint and survivor optional annuities rather than single life annuities as basic
annuity form; making various changes in retirement plan administrative
provisions; clarifying general state employee retirement plan alternative
coverage elections by certain unclassified state employees retirement program
participants; clarifying direct state aid for the teacher retirement
associations; clarifying the handling of unclaimed retirement accounts in the
individual retirement account plan; providing for a study of certain Minnesota
State Colleges and Universities System tenure track faculty members; modifying the manner in which official
actuarial work for public pension plans is performed; allowing pension plans
greater latitude in setting salary and payroll assumptions; extending
amortization target dates for various retirement plans; making the number and
identity of tax-sheltered annuity vendors a mandatory bargaining item for
school districts and their employees; allowing a certain firefighter relief
association certain benefit increases; allowing security broker-dealers to
directly hold local pension plan assets; increasing upmost flexible service
pension maximum amounts for volunteer firefighters; creating a voluntary
statewide volunteer firefighter retirement plan advisory board within the
Public Employees Retirement Association; allowing various retirement plans to
accept labor union retired member dues deduction authorizations; authorizing
various prior service credit purchases; authorizing certain service credit and
coverage transfers; authorizing a disability benefit application to be
rescinded; authorizing a retirement coverage termination; providing an
additional benefit to certain injured Minneapolis bomb squad officers; allowing
certain Independent School District No. 625 school board members to make back
defined contribution retirement plan contributions; revising post-2009
additional amortization state aid allocations; modifying PERA-P&F duty
disability benefit amounts; authorizing a PERA prior military service credit
purchase; revising the administrative duties of the board and the executive
director of the Minnesota State Retirement System; increasing pension
commission membership; appropriating money; amending Minnesota Statutes 2006,
sections 3.85, subdivision 3; 6.67; 11A.18, subdivision 9, by adding
subdivisions; 16A.055, subdivision 5; 43A.346, subdivisions 4, 5, 6, 7; 69.011,
subdivision 1; 123B.02, subdivision 15; 352.03, subdivisions 4, 5; 352.12,
subdivision 2; 352.22, subdivision 10; 352.931, subdivision 1; 352.97; 352.98,
subdivisions 1, 2, 3, 4, 5; 352D.075, subdivision 2a; 353.01, subdivisions 10,
11a, by adding a subdivision; 353.27, by adding a subdivision; 353.30,
subdivision 3; 353.33, subdivision 5; 353.64, subdivision 11; 353.656,
subdivision 2; 353D.05, subdivision 2; 353D.12, subdivision 4; 353E.07, subdivision
7; 354.05, subdivision 37; 354.33, subdivision 5; 354.44, subdivision 5;
354A.12, subdivision 3a; 354A.31, subdivision 3; 354B.20, by adding a
subdivision; 354B.25, subdivision 5, by adding a subdivision; 354C.165; 356.20,
subdivisions 1, 2, 3, 4, 4a; 356.214, subdivisions 1, 3, by adding a
subdivision; 356.215, subdivisions 1, 2, 3, 8, 11, 18; 356.24, subdivision 1;
356.41; 356.46, as amended; 356.47, subdivision 3; 356.551, subdivision 2;
356.611, subdivision 2, by adding a subdivision; 356A.06, subdivisions 1, 7,
8b; 356B.10, subdivision 3; 363A.36, subdivision 1; 383B.914, subdivision 7;
423A.02, subdivision 1b; 424A.001, subdivision 6, by adding a subdivision;
424A.02, subdivisions 3, 7, 9; 424A.05, subdivision 3; 518.003, subdivision 8;
Minnesota Statutes 2007 Supplement, sections 43A.346, subdivisions 1, 2;
352.01, subdivision 2a; 352.017, subdivision 2; 352.91, subdivision 3d;
352.955, subdivisions 3, 5; 352D.02, subdivisions 1, 3; 353.01, subdivision 2b;
353.0161, subdivision 2; 353.27, subdivision 14; 353.32, subdivision 1a;
353.656, subdivision 1; 353.657,
subdivision
2a; 353F.02, subdivision 4; 354.096, subdivision 2; 354.72, subdivision 2;
354A.12, subdivision 3c; 354C.12, subdivision 4; 356.96, subdivision 1;
422A.06, subdivision 8; Laws 2002, chapter 392, article 2, section 4; Laws
2006, chapter 271, article 5, section 5; proposing coding for new law in
Minnesota Statutes, chapters 11A; 352; 353D; 353F; 354; 354C; 356; 423A;
repealing Minnesota Statutes 2006, sections 352.96; 354.44, subdivision 6a;
354.465; 354.51, subdivision 4; 354.55, subdivisions 2, 3, 6, 12, 15; 354A.091,
subdivisions 1a, 1b; 354A.12, subdivision 3a; 355.629; 356.214, subdivision 2;
356.215, subdivision 2a; Minnesota Statutes 2007 Supplement, section 354A.12,
subdivisions 3b, 3c; Laws 1965, chapter 592, sections 3, as amended; 4, as
amended; Laws 1967, chapter 575, sections 2, as amended; 3; 4; Laws 1969,
chapter 352, section 1, subdivisions 3, 4, 5, 6; Laws 1969, chapter 526,
sections 3; 4; 5, as amended; 7, as amended; Laws 1971, chapter 140, sections
2, as amended; 3, as amended; 4, as amended; 5, as amended; Laws 1971, chapter
214, section 1, subdivisions 1, 2, 3, 4, 5; Laws 1973, chapter 304, section 1,
subdivisions 3, 4, 5, 6, 7, 8, 9; Laws 1973, chapter 472, section 1, as
amended; Laws 1975, chapter 185, section 1; Laws 1985, chapter 261, section 37,
as amended; Laws 1991, chapter 125, section 1; Laws 1993, chapter 244, article
4, section 1; Laws 2005, First Special Session chapter 8, article 1, section
23; Minnesota Rules, parts 7905.0100; 7905.0200; 7905.0300; 7905.0400;
7905.0500; 7905.0600; 7905.0700; 7905.0800; 7905.0900; 7905.1000; 7905.1100;
7905.1200; 7905.1300; 7905.1400; 7905.1500; 7905.1600; 7905.1700; 7905.1800;
7905.1900; 7905.2000; 7905.2100; 7905.2200; 7905.2300; 7905.2400; 7905.2450;
7905.2500; 7905.2560; 7905.2600; 7905.2700; 7905.2800; 7905.2900.
Reported
the same back with the following amendments:
Page
63, line 18, after "Association" insert "and to the
St. Paul Teachers Retirement Fund Association"
Page
63, line 22, after "Association" insert "and $140,000
that was payable under Minnesota Statutes 2006, section 354A.12, subdivision
3a, in fiscal year 2008, but remains unpaid as of the date of enactment, is
payable to the St. Paul Teachers Retirement Fund Association"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3293, A bill for an act relating to environment; requiring the Pollution
Control Agency to analyze cumulative pollution effects in an area prior to
issuing a permit; amending Minnesota Statutes 2006, section 116.07, subdivision
4a.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
116.07, subdivision 4a, is amended to read:
Subd.
4a. Permits. (a) The Pollution
Control Agency may issue, continue in effect or deny permits, under such
conditions as it may prescribe for the prevention of pollution, for the
emission of air contaminants, or for the installation or operation of any
emission facility, air contaminant treatment facility, treatment facility,
potential air contaminant storage facility, or storage facility, or any part
thereof, or for the sources or emissions of noise pollution.
The
Pollution Control Agency may also issue, continue in effect or deny permits,
under such conditions as it may prescribe for the prevention of pollution, for
the storage, collection, transportation, processing, or disposal of waste, or
for the installation or operation of any system or facility, or any part
thereof, related to the storage, collection, transportation, processing, or
disposal of waste.
The
agency may not issue a permit to a facility without analyzing and considering
the cumulative levels and effects of past and current environmental pollution
from all sources on the environment and residents of the geographic area within
which the facility's emissions are likely to be deposited, provided that the
facility is located in a community in a city of the first class in Hennepin
County that meets all of the following conditions:
(1)
is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;
(2)
a majority of the population are low-income persons of color and American
Indians;
(3)
a disproportionate percent of the children have childhood lead poisoning,
asthma, or other environmentally related health problems;
(4)
is located in a city that has experienced numerous air quality alert days of
dangerous air quality for sensitive populations between February 2007 and
February 2008; and
(5)
is located near the junctions of several heavily trafficked state and county
highways and two one-way streets which carry both truck and auto traffic.
The
Pollution Control Agency may revoke or modify any permit issued under this
subdivision and section 116.081 whenever it is necessary, in the opinion of the
agency, to prevent or abate pollution.
(b)
The Pollution Control Agency has the authority for approval over the siting,
expansion, or operation of a solid waste facility with regard to environmental
issues. However, the agency's issuance
of a permit does not release the permittee from any liability, penalty, or duty
imposed by any applicable county ordinances.
Nothing in this chapter precludes, or shall be construed to preclude, a
county from enforcing land use controls, regulations, and ordinances existing
at the time of the permit application and adopted pursuant to sections 366.10
to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard to the siting,
expansion, or operation of a solid waste facility.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A bill for an act relating to environment;
requiring the Pollution Control Agency to analyze cumulative pollution effects
in an area prior to issuing a permit; amending Minnesota Statutes 2006, section
116.07, subdivision 4a."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 3796, A bill for an act relating to state government; proposing an
amendment to the Minnesota Constitution, article IV, section 9; authorizing a
council to establish salaries for legislators; changing the composition of the
Citizen Compensation Council; amending Minnesota Statutes 2006, section
15A.082, subdivisions 1, 2, 3.
Reported
the same back with the following amendments:
Page
3, after line 19, insert:
"Sec.
6. Minnesota Statutes 2006, section
15A.082, subdivision 4, is amended to read:
Subd.
4. Criteria. In making compensation recommendations, the
Executive and Judicial compensation council shall consider the amount of
compensation paid in government service and the private sector to persons with
similar qualifications, the amount of compensation needed to attract and retain
experienced and competent persons, and the ability of the state to pay the
recommended compensation. In making
recommendations for legislative compensation, the council shall also consider
the average length of a legislative session, the amount of work required of
legislators during interim periods, and opportunities to earn income from other
sources without neglecting legislative duties."
Page
3, line 21, delete "5" and insert "6"
Renumber
the sections in sequence
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
S. F.
No. 2833, A bill for an act relating to health; requiring public pools and spas
to be equipped with anti-entrapment devices or systems; appropriating money;
amending Minnesota Statutes 2006, sections 144.1222, subdivision 1a, by adding
subdivisions; 157.16, as amended; 157.20, subdivisions 1, 2a.
Reported
the same back with the recommendation that the first unofficial engrossment
pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 1875, 2748, 3082, 3293 and 3796 were read for the
second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 3396 and 2833 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Murphy, E.; Norton; Loeffler; Paymar and Ruud introduced:
H. F. No. 4235, A bill for an act relating to public health;
creating a public health improvement account; proposing coding for new law in
Minnesota Statutes, chapters 16A; 145.
The bill was read for the first time and referred to the
Committee on Finance.
Atkins, Moe, Hosch and Peterson, S., introduced:
H. F. No. 4236, A bill for an act relating to natural resources;
establishing the Lessard-Heritage Enhancement Council; providing appointments;
proposing coding for new law in Minnesota Statutes, chapter 97A.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Thissen introduced:
H. F. No. 4237, A bill for an act relating to the environment;
creating an advisory council on development and regulation of consumer
products; establishing a comprehensive framework for consumer products that
protect, support, and enhance human health, the environment, and economic
development; providing appointments; proposing coding for new law in Minnesota
Statutes, chapter 325F.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Dean introduced:
H. F. No. 4238, A bill for an act relating to natural
resources; eliminating horse trail pass; amending Minnesota Statutes 2006,
section 84.0835, subdivision 3; repealing Minnesota Statutes 2006, section
85.46.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 3585, A bill for an act relating to energy;
authorizing certain governments to engage in energy-related activities,
including ownership of renewable energy projects; amending Minnesota Statutes
2006, section 216B.1612, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 373.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 2877, A bill for an act relating to public safety;
establishing crime of disarming a peace officer; providing criminal penalties;
amending Minnesota Statutes 2006, section 609.50, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 609.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Paymar moved that the House concur in the Senate amendments to
H. F. No. 2877 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 2877, A bill for an act relating to public safety;
establishing crime of disarming a peace officer; providing criminal penalties;
amending Minnesota Statutes 2006, section 609.50, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 609.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 134 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
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
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
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was repassed, as amended by the Senate, and its title
agreed to.
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 3372, A bill for an act relating to health; changing
provisions for uniform billing forms and electronic claim filing; establishing
compliance procedures for electronic transactions; amending Minnesota Statutes
2006, sections 62J.51, subdivisions 17, 18; 62J.52, subdivision 4; 62J.59;
72A.201, subdivision 4; Minnesota Statutes 2007 Supplement, sections 62J.52,
subdivisions 1, 2; 62J.536, subdivision 1, by adding subdivisions; repealing
Minnesota Statutes 2006, sections 62J.52, subdivision 5; 62J.58.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Murphy, E., moved that the House concur in the Senate
amendments to H. F. No. 3372 and that the bill be repassed as
amended by the Senate. The motion
prevailed.
H. F. No. 3372, A bill for an act relating to health; changing
provisions for uniform billing forms and electronic claim filing; establishing
compliance procedures for electronic transactions; amending Minnesota Statutes
2006, sections 62J.51, subdivisions 17, 18; 62J.52, subdivision 4; 62J.59; 72A.201,
subdivision 4; Minnesota Statutes 2007 Supplement, sections 62J.52,
subdivisions 1, 2; 62J.536, subdivision 1, by adding subdivisions; repealing
Minnesota Statutes 2006, sections 62J.52, subdivision 5; 62J.58.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 126 yeas
and 8 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Demmer
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
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
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Dean
Drazkowski
Emmer
Holberg
Olson
Peppin
The bill was repassed, as amended by the Senate, and its title
agreed to.
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 Thursday, May 8, 2008:
S. F. Nos. 3056, 2651 and 3576; H. F. Nos.
4223, 3380 and 863; S. F. No. 3058; H. F. No. 3643; and
S. F. Nos. 3486 and 1128.
CALENDAR FOR THE DAY
S. F. No. 3576, A bill for an act relating to natural
resources; providing for viral hemorrhagic septicemia control; authorizing
rulemaking; amending Minnesota Statutes 2006, sections 17.4985, subdivisions 2,
3, 5; 17.4986, subdivisions 1, 2, 4; 17.4987; 17.4992, subdivision 2; 17.4993;
84D.03, subdivision 4; 97A.015, by adding a subdivision; 97C.203; 97C.205;
97C.341; 97C.391, by adding a subdivision; 97C.505, subdivision 1; 97C.515,
subdivisions 2, 4, 5; 97C.821; repealing Minnesota Statutes 2006, section
97C.515, subdivision 3.
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 130 yeas and 4
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
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
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Emmer
Olson
The bill was passed and its title agreed to.
Slawik was excused between the hours of 12:55 p.m. and 1:50
p.m.
S. F. No. 3056 was reported to the House.
Hansen moved that S. F. No. 3056 be temporarily
laid over on the Calendar for the Day.
The motion prevailed.
S. F. No. 2651 was reported to the House.
Dill, Eken, Moe and Wagenius moved to amend S. F. No. 2651, the
fourth engrossment, as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
STATE LANDS
Section 1. Minnesota Statutes 2006, section 84.943,
subdivision 5, is amended to read:
Subd. 5. Pledges
and contributions. The commissioner
of natural resources may accept contributions and pledges to the critical
habitat private sector matching account.
A pledge that is made contingent on an appropriation is acceptable and
shall be reported with other pledges as required in this section. The commissioner may agree to match a
contribution contingent on a future appropriation. In the budget request for each biennium, the commissioner
shall report the balance of contributions in the account and the amount that
has been pledged for payment in the succeeding two calendar years.
Money in the account is
appropriated to the commissioner of natural resources only for the direct
acquisition or improvement of land or interests in land as provided in section
84.944. To the extent of available
appropriations other than bond proceeds, the money matched to the nongame
wildlife management account may be used for the management of nongame wildlife
projects as specified in section 290.431.
Acquisition includes: (1)
purchase of land or an interest in land by the commissioner; or (2) acceptance
by the commissioner of gifts of land or interests in land as program projects.
Sec. 2. [84B.062]
ENFORCEMENT OF FEDERAL LAWS.
A state employee shall not
enforce federal laws or regulations pertaining to speed limits on snowmobiles
or all-terrain vehicles, to the prohibition of all-terrain vehicles, or to the
prohibition of commercial float planes or ski planes on the navigable waters
within Voyageurs National Park under the state's jurisdiction as described in
section 84B.061.
Sec. 3. Minnesota Statutes 2006, section 86A.04, is
amended to read:
86A.04 COMPOSITION OF SYSTEM.
The outdoor recreation
system shall consist of all state parks; state recreation areas; state trails
established pursuant to sections 84.029, subdivision 2, 85.015, 85.0155, and
85.0156; state scientific and natural areas; state wilderness areas; state
forests; state wildlife management areas; state aquatic management areas;
state water access sites, which include all lands and facilities established by
the commissioner of natural resources or the commissioner of transportation to
provide public access to water; state wild, scenic, and recreational rivers;
state historic sites; state rest areas, which include all facilities
established by the commissioner of transportation for the safety, rest, comfort
and use of the highway traveler, and shall include all existing facilities
designated as rest areas and waysides by the commissioner of transportation;
and any other units not listed in this section that are classified under
section 86A.05. Each individual state
park, state recreation area, and so forth is called a "unit."
Sec. 4. Minnesota Statutes 2006, section 86A.08,
subdivision 1, is amended to read:
Subdivision 1. Secondary
authorization; when permitted. A
unit of the outdoor recreation system may be authorized wholly or partially
within the boundaries of another unit only when the authorization is consistent
with the purposes and objectives of the respective units and only in the
instances permitted below:
(a) The following units may
be authorized wholly or partially within a state park: historic site, scientific and natural area,
wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic
management area, and water access site.
(b) The following units may
be authorized wholly or partially within a state recreation area: historic site, scientific and natural area,
wild, scenic, and recreational river, trail, rest area, aquatic management
area, wildlife management area, and water access site.
(c) The following units may
be authorized wholly or partially within a state forest: state park, state recreation area, historic
site, wildlife management area, scientific and natural area, wilderness area,
wild, scenic, and recreational river, trail, rest area, aquatic management
area, and water access site.
(d) The following units may
be authorized wholly or partially within a state historic site: wild, scenic, and recreational river, trail,
rest area, aquatic management area, and water access site.
(e) The following units may
be authorized wholly or partially within a state wildlife management area: state water access site and aquatic
management area.
(f) The following units may
be authorized wholly or partially within a state wild, scenic, or recreational
river: state park, historic site,
scientific and natural area, wilderness area, trail, rest area, aquatic
management area, and water access site.
(g) The following units may
be authorized wholly or partially within a state rest area: historic site, trail, wild, scenic, and
recreational river, aquatic management area, and water access site.
(h) The following units may
be authorized wholly or partially within an aquatic management area: historic site, scientific and natural area,
wild, scenic, and recreational river, and water access site.
Sec. 5. Minnesota Statutes 2006, section 90.151,
subdivision 1, is amended to read:
Subdivision 1. Issuance;
expiration. (a) Following receipt
of the down payment for state timber required under section 90.14 or 90.191,
the commissioner shall issue a numbered permit to the purchaser, in a form
approved by the attorney general, by the terms of which the purchaser shall be
authorized to enter upon the land, and to cut and remove the timber therein
described as designated for cutting in the report of the state appraiser,
according to the provisions of this chapter.
The permit shall be correctly dated and executed by the commissioner and
signed by the purchaser. If a permit is
not signed by the purchaser within 60 days from the date of purchase, the
permit cancels and the down payment for timber required under section 90.14
forfeits to the state. The
commissioner may grant an additional period for the purchaser to sign the
permit, not to exceed five business days, provided the purchaser pays a $125
penalty fee.
(b) The permit shall expire
no later than five years after the date of sale as the commissioner shall
specify or as specified under section 90.191, and the timber shall be cut
within the time specified therein. All
cut timber, equipment, and buildings not removed from the land within 90 days
after expiration of the permit shall become the property of the state.
(c) The commissioner may
grant an additional period of time not to exceed 120 days for the removal of cut
timber, equipment, and buildings upon receipt of such request by the permit
holder for good and sufficient reasons.
The commissioner may grant a second period of time not to exceed 120
days for the removal of cut timber, equipment, and buildings upon receipt of a
request by the permit holder for hardship reasons only.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies retroactively to permits dated January 1, 2008, and thereafter.
Sec. 6. [94.3495]
EXPEDITED EXCHANGES OF LAND INVOLVING THE STATE AND GOVERNMENTAL SUBDIVISIONS
OF THE STATE.
Subdivision 1. Purpose and scope. (a) The purpose of this section is to
expedite the exchange of public land ownership. Consolidation of public land reduces management costs and aids in
the reduction of forest fragmentation.
(b) This section applies to
exchanges of land between the state and a governmental subdivision of the
state. For land exchanges under this
section, sections 94.342 to 94.347 apply only to the extent specified in this
section.
Subd. 2. Classes of land;
definitions. The classes of
public land that may be involved in an expedited exchange under this section
are:
(1) Class 1 land, which for
the purpose of this section is Class A land as defined in section 94.342,
subdivision 1, except for:
(i) school trust land as
defined in section 92.025; and
(ii) university land granted
to the state by acts of Congress;
(2) Class 2 land, which for
the purpose of this section is Class B land as defined in section 94.342,
subdivision 2; and
(3) Class 3 land, which for
the purpose of this section is all land owned in fee by a governmental subdivision
of the state.
Subd. 3. Valuation of land. (a) In an exchange of Class 1 land for
Class 2 or 3 land, the value of all the land shall be determined by the
commissioner of natural resources. In
an exchange of Class 2 land for Class 3 land, the value of all the land shall
be determined by the county board of the county in which the land lies. To determine the value of the land, the
parties to the exchange may cause the land to be appraised, utilize the valuation
process provided under section 84.0272, subdivision 3, or obtain a market
analysis from a qualified real estate broker.
Merchantable timber value must be determined and considered in
finalizing valuation of the lands.
(b) All lands exchanged
under this section shall be exchanged only for lands of at least substantially
equal value. For the purposes of this
subdivision, "substantially equal value" has the meaning given under
section 94.343, subdivision 3, paragraph (b).
No payment is due either party if the lands are of substantially equal
value but are not of the same value.
Subd. 4. Title. Title to the land must be examined to the
extent necessary for the parties to determine that the title is good, with any
encumbrances identified. The parties to
the exchange may utilize title insurance to aid in the determination.
Subd. 5. Approval by Land
Exchange Board. All
expedited land exchanges under this section, and the terms and conditions of
the exchanges, require the unanimous approval of the Land Exchange Board.
Subd. 6. Conveyance. (a) Conveyance of Class 1 land given in
exchange shall be made by deed executed by the commissioner of natural
resources in the name of the state.
Conveyance of Class 2 land given in exchange shall be by a deed executed
by the commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by a
deed executed by the governing body in the name of the governing authority.
(b) If Class 1 land is given
in exchange for Class 2 or 3 land, the deed to the Class 2 or 3 land shall
first be delivered to the commissioner of natural resources. Following the recording of the deed, the
commissioner of natural resources shall deliver the deed conveying the Class 1
land.
(c) If Class 2 land is given
in exchange for Class 3 land, the deed to the Class 3 land shall first be
delivered to the county auditor.
Following the recording of the deed, the commissioner of revenue shall
deliver the deed conveying the Class 2 land.
(d) All deeds shall be
recorded or registered in the county in which the lands lie.
Subd. 7. Reversionary interest;
mineral and water power rights and other reservations. (a) All deeds conveying land given in an
expedited land exchange under this section shall include a reverter that
provides that title to the land automatically reverts to the conveying
governmental unit if:
(1) the receiving
governmental unit sells, exchanges, or otherwise transfers title of the land
within 40 years of the date of the deed conveying ownership; and
(2) there is no prior
written approval for such transfer from the conveying governmental unit. The authority for granting approval is the
commissioner of natural resources for former Class 1 land, the county board for
former Class 2 land, and the governing body for former Class 3 land.
(b) Class 1 land given in
exchange is subject to the reservation provisions of section 94.343,
subdivision 4. Class 2 land given in
exchange is subject to the reservation provisions of section 94.344,
subdivision 4. County fee land given in
exchange is subject to the reservation provisions of section 373.01,
subdivision 1, paragraph (g).
Subd. 8. Land status. Land received in exchange for Class 1
land is subject to the same trust, if any, and otherwise has the same status as
the land given in exchange. Land
received in exchange for Class 2 land is subject to a trust in favor of the
governmental subdivision wherein it lies and all laws relating to tax-forfeited
land. Land received in exchange for
Class 3 land has the same status as the land given in exchange.
Sec. 7. Minnesota Statutes 2006, section 282.04,
subdivision 4a, is amended to read:
Subd. 4a. Private
easements. (a) A county board may
convey a road easement across unsold tax-forfeited land to an individual
a person, as defined under section 645.44, subdivision 7, requesting an
easement for access to private property owned by the individual
person if:
(1) there are no reasonable
alternatives to obtain access to the individual's person's
property; and
(2) exercising the easement
will not cause significant adverse environmental or natural resource management
impacts.
(b) The county auditor shall
require an individual a person applying for an easement under
paragraph (a) to pay the appraised value of the easement. The conveyance must provide that the
easement reverts to the state in trust for the taxing district in the event of
nonuse.
Sec. 8. Laws 2006, chapter 236, article 1, section
43, is amended to read:
Sec. 43. LAND
REPLACEMENT TRUST FUND; ITASCA COUNTY.
Notwithstanding the
provisions of Minnesota Statutes, chapter 282, and any other law relating to
the apportionment of proceeds from the sale or lease of tax-forfeited
land, Itasca County must apportion the first $1,000,000 received from the sale or
lease of tax-forfeited lands within Minnesota Steel Industries permit to
mine area near Nashwauk, Minnesota, as provided in Laws 1965, chapter 326,
section 1, as amended. Any remaining
proceeds received from the
sale or lease must be deposited into a tax-forfeited land replacement
trust fund established by Itasca County under this section. The principal and interest from this fund
may be spent only on the purchase of lands to replace the tax-forfeited lands
sold to Minnesota Steel Industries.
Lands purchased with the land replacement fund must:
(1) become subject to trust
in favor of the governmental subdivision wherein they lie and all laws related
to tax-forfeited lands; and
(2) be for forest management
purposes and dedicated as memorial forest under Minnesota Statutes, section
459.06, subdivision 2.
EFFECTIVE DATE. This section is effective the day after compliance with
Minnesota Statutes, section 645.021, subdivision 3, by the governing body of
Itasca County.
Sec. 9. ADDITIONS
TO STATE PARKS.
Subdivision 1. [85.012] [Subd. 9.] Buffalo
River State Park, Clay County. The
following area is added to Buffalo River State Park, all in Section 11,
Township 139 North, Range 46, Clay County:
That part of the Southeast Quarter of Section 11, described as follows: Beginning at the southwest corner of the
Southeast Quarter of said Section 11; thence North 00 degrees 13 minutes 06
seconds East (assumed bearing), along the westerly line of the Southeast
Quarter of said Section 11, for a distance of 503.33 feet; thence South 89
degrees 25 minutes 32 seconds East for a distance of 200.00 feet; thence North
00 degrees 13 minutes 06 seconds East, parallel to the westerly line of the
Southeast Quarter of said Section 11, for a distance of 457.87 feet; thence
South 89 degrees 44 minutes 18 seconds East for a distance of 323.00 feet;
thence South 48 degrees 16 minutes 47 seconds East for a distance of 89.46
feet; thence South 29 degrees 17 minutes 10 seconds East for a distance of
1,035.56 feet to a point of intersection with the southerly line of the Southeast
Quarter of said Section 11; thence North 89 degrees 44 minutes 18 seconds West,
along the southerly line of the Southeast Quarter of said Section 11, for a
distance of 1,100.00 feet to the point of beginning. Said tract of land contains 16.133 acres, more or less, and is
subject to the following described ingress-egress easement: A 30.00-foot strip of land for purposes of
ingress and egress centered along the following described line: Commencing at the southwest corner of the
Southeast Quarter of Section 11, Township 139 North, Range 46 West, Fifth
Principal Meridian, Clay County, Minnesota; thence North 00 degrees 13 minutes
06 seconds East (assumed bearing), along the westerly line of the Southeast
Quarter of said Section 11, for a distance of 15.00 feet to the true point of
beginning; thence South 89 degrees 44 minutes 18 seconds East, parallel to and
15.00 feet northerly of the southerly line of the Southeast Quarter of said
Section 11, for a distance of 797.03 feet; thence North 22 degrees 07 minutes
20 seconds East for a distance of 327.76 feet and there terminating.
Subd. 2. [85.012] [Subd. 21.]
Frontenac State Park, Goodhue County.
The following areas are added to Frontenac State Park, Goodhue
County:
(1) all that part of
Government Lot 4, and all that part of the Southwest Quarter of the Southeast
Quarter and of the Southeast Quarter of the Southwest Quarter, all in Section
2, Township 112 North, Range 13 West, described as follows, to-wit: Beginning at the point of intersection of the
east and west center line of said Section 2 with the line of the west shore of
Lake Pepin, running thence West 6 chains; thence South 33 degrees 15 minutes
West 9.60 chains; thence South 41 degrees West 5.54 chains; thence South 51
degrees 15 minutes West 4.32 chains; thence South 65 degrees 15 minutes West 4
chains; thence South 70 degrees 45 minutes West 11.27 chains to a rock in
Glenway Street in the village of Frontenac; thence South 48 degrees 30 minutes
East 4.72 chains to the north and south center line of said section; thence
South 39 degrees 10 minutes East 11.14 chains; thence South 32 degrees 30
minutes East 8.15 chains to the north line of Waconia Avenue in said Frontenac;
thence North 42 degrees 50 minutes East 5.15 chains; thence North 23 degrees 50
minutes East 2.75 chains; thence North 9 degrees 20 minutes East 7.90 chains;
thence North 20 degrees 20 minutes East 4.64 chains; thence North 52 degrees
West 3.80 chains; thence North 20 degrees 20 minutes East 18.40 chains to the
east line of said Mill Street in said Frontenac; thence
South along the east line of
said Mill Street 3.76 chains to the north line of Lot 8 in Block 13 in said
Frontenac; thence along said north line to the shore of Lake Pepin; thence
along the shore of said lake 1.50 chains to the point of beginning, containing
in all 35.67 acres of land, more or less.
Excepting therefrom all that part of Government Lot 4, Section 2,
Township 112 North, Range 13 West, described, as follows: Beginning on the shore of Lake Pepin at the
northeast corner of Lot 8 in Block 13 of the town of Frontenac, running thence
westerly along the north line of said lot to the northwest corner thereof;
thence northerly along the easterly line of Mill Street in said town of
Frontenac 215 feet, more or less, to its intersection with the north line of
said Government Lot 4; thence East along the north line of said Government Lot 4
to low water mark on shore of Lake Pepin; thence southerly along the low water
mark of Lake Pepin to the place of beginning.
Also excepting that part of Government Lot 4, Section 2, Township 112
North, Range 12 West, which lies West of Undercliff Street in said village,
North of the southerly line of said Lot 1, Block 14, prolonged westerly, and
East of a line beginning 6 chains West of the intersection of the east and west
center line of said Section 2 with the west shore of Lake Pepin, being the point
of intersection of the west line of said Undercliff Street and said east and
west center line; thence South 33 degrees 15 minutes West 9.60 chains, being a
triangular piece of land; all of Block 14, except Lot 1 of said Block 14; Lots
11, 12, 13, 14, 15, 16, 17, 18, and 19 of Block 15, except so much of Lot 11 in
said Block 15 (in a triangular form) as lies between the west end of Lots 2 and
3 of said Block 15 and the east line of Bluff Street, all in the town of
Frontenac according to the accepted and recorded map of said town of Frontenac
now on file and of record in the Office of the Register of Deeds in and for
said County of Goodhue;
(2) that part of the West
Half of the Northeast Quarter of Section 6, Township 112 North, Range 13 West,
Goodhue County, Minnesota, described as follows: Commencing at the northeast corner of the West Half of the
Northeast Quarter of said Section 6; thence South 01 degree 11 minutes 39
seconds East, assumed bearing, along the east line of said West Half of the
Northeast Quarter of Section 6, a distance of 1,100.00 feet to the point of
beginning of the land to be described; thence North 01 degree 11 minutes 39
seconds West, along said east line, a distance of 400.00 feet; thence South 89
degrees 01 minute 10 seconds West, a distance of 442.03 feet; thence
southwesterly, a distance of 534.99 feet along a nontangential curve concave to
the northwest having a radius of 954.93 feet, a central angle of 33 degrees 53
minutes 57 seconds, and a chord that bears South 42 degrees 45 minutes 42
seconds West; thence South 59 degrees 42 minutes 41 seconds West, tangent to
said curve, a distance of 380.00 feet to the centerline of State Highway 61, as
now located and established; thence southeasterly, along said centerline of
State Highway 61, a distance of 160 feet, more or less, to the intersection
with a line bearing South 73 degrees 00 minutes 00 seconds West from the point
of beginning; thence North 73 degrees 00 minutes 00 seconds East, to the point
of beginning. Together with a 50.00-foot
wide driveway and utility easement, which lies northwesterly and adjoins the
northwesterly line of the above described property; and
(3) that part of the West
Half of the Northeast Quarter of Section 6, Township 112 North, Range 13 West,
Goodhue County, described as follows:
Commencing at the northeast corner of the West Half of the Northeast
Quarter of said Section 6; thence South 01 degree 11 minutes 39 seconds East,
assumed bearing, along the east line of said West Half of the Northeast Quarter
of Section 6, a distance of 1,100.00 feet to the point of beginning of the land
to be described; thence South 73 degrees 00 minutes 00 seconds West, to the
centerline of State Highway 61, as now located and established; thence
southeasterly, along said centerline of State Highway 61, to the south line of
said West Half of the Northeast Quarter of Section 6; thence North 88 degrees
34 minutes 56 seconds East, along said south line, to the southeast corner of
said West Half of the Northeast Quarter of Section 6; thence North 01 degree 11
minutes 39 seconds West, a distance of 1,902.46 feet to the point of beginning.
Subd. 3. [85.012] [Subd. 44.]
Monson Lake State Park, Swift County.
The following area is added to Monson Lake State Park, Swift
County: the Northeast Quarter of
Section 1, Township 121 North, Range 37 West.
Subd. 4. [85.012] [Subd.
51.] Savanna Portage State Park, Aitkin
and St. Louis Counties. The
following areas are added to Savanna Portage State Park: the Southwest Quarter of the Northeast
Quarter, the Southeast Quarter of the Northwest Quarter, Government Lot 2, and
Government Lot 3, all in Section 13, Township 50 North, Range 23 West, Aitkin
County.
Subd. 5. [85.012] [Subd. 52.]
Scenic State Park, Itasca County.
The following areas are added to Scenic State Park: Government Lot 3, Government Lot 4, the
Northeast Quarter of the Northwest Quarter, and the Southeast Quarter of the
Northwest Quarter, all in Section 7, Township 60 North, Range 25 West, Itasca
County.
Subd. 6. [85.012] [Subd.
53a.] Soudan Underground Mine State
Park, St. Louis County. The
following area is added to Soudan Underground Mine State Park: the Northeast Quarter of the Northeast
Quarter, Section 29, Township 62 North, Range 15 West, St. Louis County.
Subd. 7. [85.012] [Subd. 60.]
William O'Brien State Park, Washington County. The following areas are added to William
O'Brien State Park, Washington County:
(1) Lot 1, Block 1, and
Outlots A and B, Spring View Acres according to the plat on file and of record
in the Office of the Recorder for Washington County;
(2) the South 200.00 feet of
the North 1,326.20 feet of the West One-Half of the Southeast Quarter, Section
36, Township 32 North, Range 20 West; and
(3) that part of the
Northeast Quarter of the Southwest Quarter lying west of Highway 95 (St. Croix
Trail North) in Section 31, Township 32 North, Range 19 West.
Sec. 10. DELETIONS
FROM STATE PARKS.
Subdivision 1. [85.012] [Subd. 21.]
Frontenac State Park, Goodhue County.
The following areas are deleted from Frontenac State Park, all in
Township 112 North, Range 13 West, Goodhue County:
(1) that part of the East
Half, Section 11, and that part of the Southwest Quarter, Section 12, being
described as BLOCK's O, F, H, G, and L, GARRARD'S SOUTH EXTENSION TO FRONTENAC
according to the plat on file and of record in the Office of the Recorder for
Goodhue County, Minnesota. Including
all of those parts of vacated Birch Way and Birch Way South situated in
GARRARD'S SOUTH EXTENSION TO FRONTENAC lying southerly of vacated Ludlow Avenue
and northerly of Winona Avenue;
(2) that part of the
Northeast Quarter, Section 11, being described as BLOCK 70, WESTERVELT (also
known as the town of Frontenac) according to the plat on file and of record in
the Office of the Recorder for Goodhue County, Minnesota;
(3) that part of the
Northeast Quarter, Section 11, being described as Lots 1, 2, 3, 4, 5, 6, 7, 8,
10, 11, 12, 13, 14, 15, and 16, BLOCK 69, WESTERVELT (aka town of Frontenac)
according to the plat on file and of record in the Office of the Recorder for
Goodhue County, Minnesota;
(4) that part of the
Northeast Quarter, Section 11, being described as BLOCK 67, WESTERVELT (aka
town of Frontenac) according to the plat on file and of record in the Office of
the Recorder for Goodhue County, Minnesota.
Including the South 30 feet of Graham Street lying adjacent to and
northerly of Lots 1 and 16, BLOCK 67 of said plat of WESTERVELT;
(5) that part of the
Northeast Quarter, Section 11, being described as BLOCK 66, WESTERVELT (aka
town of Frontenac) according to the plat on file and of record in the Office of
the Recorder for Goodhue County, Minnesota; and
(6) that part of the
Northeast Quarter, Section 11, being described as those parts of Lots 1 and 9
in BLOCK 65 of the town of Frontenac lying adjacent to and northerly of the
southerly 50 feet of said Lots 1 and 9 according to the plat on file and of
record in the Office of the Recorder for Goodhue County, Minnesota.
Subd. 2. [85.012][Subd. 30.] Jay
Cooke State Park, Carlton County.
Effective upon the commissioner of natural resources entering into an
agreement with the commissioner of military affairs to transfer the property
for use as a veterans cemetery, the following areas are deleted from Jay Cooke
State Park:
(a) the Northeast Quarter of
the Southeast Quarter lying southerly of the railroad right-of-way, Section 21,
Township 48 North, Range 16 West;
(b) the Northwest Quarter of
the Southwest Quarter lying southerly of the railroad right-of-way, Section 22,
Township 48 North, Range 16 West; and
(c) the East 2 rods of the
Southwest Quarter of the Southwest Quarter, Section 22, Township 48 North,
Range 16 West.
Subd. 3. [85.012] [Subd. 35.]
Lake Carlos State Park, Douglas County. The following area is deleted from Lake Carlos State
Park: that part of Government Lot 2,
being described as EHLERT'S ADDITION according to the plat on file and of
record in the Office of the Recorder for Douglas County, Minnesota, Section 10,
Township 129 North, Range 37 West, Douglas County.
Subd. 4. [85.012] [Subd.
38.] Lake Shetek State Park, Murray
County. The following areas
are deleted from Lake Shetek State Park:
(1) Blocks 3 and 4 of Forman
Acres according to the plat on file and of record in the Office of the Recorder
for Murray County;
(2) the Hudson Acres
subdivision according to the plat on file and of record in the Office of the
Recorder for Murray County; and
(3) that part of Government
Lot 6 and that part of Government Lot 7 of Section 6, Township 107 North, Range
40 West, and that part of Government Lot 1 and that part of Government Lot 2 of
Section 7, Township 107 North, Range 40 West, Murray County, Minnesota,
described as follows: Commencing at the
East Quarter Corner of said Section 6; thence on a bearing based on the 1983
Murray County Coordinate System (1996 Adjustment), of South 00 degrees 22
minutes 05 seconds East 1405.16 feet along the east line of said Section 6;
thence North 89 degrees 07 minutes 01 second West 1942.39 feet; thence South 03
degrees 33 minutes 00 seconds West 94.92 feet to the northeast corner of Block
5 of FORMAN ACRES, according to the recorded plat thereof on file and of record
in the Murray County Recorder's Office; thence South 14 degrees 34 minutes 00
seconds West 525.30 feet along the easterly line of said Block 5 and along the
easterly line of the Private Roadway of FORMAN ACRES to the southeasterly
corner of said Private Roadway and the POINT OF BEGINNING; thence North 82
degrees 15 minutes 00 seconds West 796.30 feet along the southerly line of said
Private Roadway to an angle point on said line and an existing 1/2 inch diameter
rebar; thence South 64 degrees 28 minutes 26 seconds West 100.06 feet along the
southerly line of said Private Roadway to an angle point on said line and an
existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds
West 279.60 feet along the southerly line of said Private Roadway to an angle
point on said line; thence South 76 degrees 04 minutes 52 seconds West 766.53
feet along the southerly line of said Private Roadway to a 3/4 inch diameter
rebar with a plastic cap stamped "MN DNR LS 17003" (DNR MON); thence
South 16 degrees 24 minutes 50 seconds West 470.40 feet to a DNR MON; thence
South 24 degrees 09 minutes 57 seconds West 262.69 feet to a DNR MON; thence
South 08 degrees 07 minutes 09 seconds West 332.26 feet to a DNR MON; thence
North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east line of Lot
A of Lot 1 of LOT A OF GOV. LOT 8, OF
SEC. 6 AND LOT A OF GOV. LOT 1, OF SEC
7 TP. 107 RANGE 40, according to the recorded plat thereof on file and of
record in the Murray County Recorder's Office and a DNR MON; thence South 14
degrees 28 minutes 55 seconds West 71.98 feet along the east line of said Lot A
to the northerly most corner of Lot 36 of HUDSON ACRES, according to the
recorded plat thereof on file and of record in the Murray County Recorder's
Office and an existing steel fence post; thence South 51 degrees 37 minutes 05
seconds East 418.97 feet along the northeasterly line of said Lot 36 and along
the northeasterly line of Lots 35,34,33,32 of HUDSON ACRES to an existing 1
inch inside diameter iron pipe marking the easterly most corner of Lot 32 and
the most northerly corner of Lot 31A of HUDSONS ACRES; thence South 48 degrees
33 minutes 10 seconds East 298.26 feet along the northeasterly line of said Lot
31A to an existing 11/2 inch inside diameter iron pipe marking the easterly most
corner thereof and the most northerly corner of Lot 31 of HUDSONS ACRES;
thence South 33 degrees 53
minutes 30 seconds East 224.96 feet along the northeasterly line of said Lot 31
and along the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an
existing 11/2 inch inside diameter iron pipe marking the easterly most corner of
said Lot 29 and the most northerly corner of Lot 28 of HUDSONS ACRES; thence
South 45 degrees 23 minutes 54 seconds East 375.07 feet along the northeasterly
line of said Lot 28 and along the northeasterly line of Lots 27,26,25,24 of
HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the
easterly most corner of said Lot 24 and the most northerly corner of Lot 23 of
HUDSON ACRES; thence South 64 degrees 39 minutes 53 seconds East 226.80 feet
along the northeasterly line of said Lot 23 and along the northeasterly line of
Lots 22 and 21 of HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe
marking the easterly most corner of said Lot 21 and the most northerly corner
of Lot 20 of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds East
524.75 feet along the northeasterly line of said Lot 20 and along the
northeasterly line of Lots 19,18,17,16,15,14 of HUDSON ACRES to an existing 11/2
inch inside diameter iron pipe marking the easterly most corner of said Lot 14
and the most northerly corner of Lot 13 of HUDSON ACRES; thence South 55
degrees 31 minutes 43 seconds East 225.11 feet along the northeasterly line of
said Lot 13 and along the northeasterly line of Lots 12 and 11 of HUDSON ACRES
to an existing 11/2 inch inside diameter iron pipe marking the easterly most
corner of said Lot 11 and the northwest corner of Lot 10 of HUDSON ACRES;
thence South 88 degrees 03 minutes 49 seconds East 224.90 feet along the north
line of said Lot 10 and along the north line of Lots 9 and 8 of HUDSON ACRES to
an existing 11/2 inch inside diameter iron pipe marking the northeast corner of
said Lot 8 and the northwest corner of Lot 7 of HUDSON ACRES; thence North 84
degree 07 minutes 37 seconds East 525.01 feet along the north line of said Lot
7 and along the north line of Lots 6,5,4,3,2,1 of HUDSON ACRES to an existing
11/2 inch inside diameter iron pipe marking the northeast corner of said Lot 1 of
HUDSON ACRES; thence southeasterly, easterly and northerly along a
non-tangential curve concave to the north having a radius of 50.00 feet,
central angle 138 degrees 41 minutes 58 seconds, a distance of 121.04 feet,
chord bears North 63 degrees 30 minutes 12 seconds East; thence continuing
northwesterly and westerly along the previously described curve concave to the
south having a radius of 50.00 feet, central angle 138 degrees 42 minutes 00
seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47
seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West
not tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07
minutes 40 seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes
12 seconds West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59
seconds West 530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41
seconds West 230.01 feet to a DNR MON; thence North 45 degrees 23 minutes 00
seconds West 357.33 feet to a DNR MON; thence North 33 degrees 53 minutes 32
seconds West 226.66 feet to a DNR MON; thence North 48 degrees 30 minutes 31
seconds West 341.45 feet to a DNR MON; thence North 08 degrees 07 minutes 09
seconds East 359.28 feet to a DNR MON; thence North 24 degrees 09 minutes 58
seconds East 257.86 feet to a DNR MON; thence North 16 degrees 24 minutes 50
seconds East 483.36 feet to a DNR MON; thence North 76 degrees 04 minutes 53
seconds East 715.53 feet to a DNR MON; thence North 33 degrees 01 minute 32
seconds East 282.54 feet to a DNR MON; thence North 64 degrees 28 minutes 25
seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15 minutes 00
seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes 07
seconds East 26.00 feet to the point of beginning; containing 7.55 acres.
Subd. 5. [85.012] [Subd. 44a.]
Moose Lake State Park, Carlton County.
The following areas are deleted from Moose Lake State Park, all in
Township 46 North, Range 19 West, Carlton County:
(1) Parcel A: the West 660.00 feet of the Southwest
Quarter of the Northeast Quarter of Section 28;
(2) Parcel B: the West 660.00 feet of the Northwest
Quarter of the Southeast Quarter of Section 28 lying northerly of a line 75.00
feet northerly of and parallel with the centerline of State Trunk Highway 73,
and subject to a taking for highway purposes of a 100.00-foot wide strip for
access and also subject to highway and road easements;
(3) Parcel C: the West 660.00 feet of the Southwest
Quarter of the Southeast Quarter of Section 28 lying northerly of a line 75.00
feet northerly of and parallel with the centerline of State Trunk Highway 73,
and subject to taking for highway purposes of a road access under S.P. 0919
(311-311) 901 from State Trunk Highway 73 to old County Road 21, said access
being 100.00 feet in width with triangular strips of land adjoining it at the
northerly line of State Trunk Highway 73, and subject to highway and road
easements;
(4) Parcel G: that part of Government Lot 1 of Section 28,
which lies northerly of the westerly extension of the northerly line of the
Southwest Quarter of the Northeast Quarter of said Section 28, and southerly of
the westerly extension of the northerly line of the South 660.00 feet of the
Northwest Quarter of the Northeast Quarter of said Section 28;
(5) Parcel H: the South 660.00 feet of the Northwest
Quarter of the Northeast Quarter of Section 28;
(6) Parcel I: the Southwest Quarter of the Northeast
Quarter of Section 28, except the West 660.00 feet of said Southwest Quarter;
and
(7) Parcel J: that part of the North One-Half of the
Southeast Quarter of Section 28, described as follows: Commencing at the northwest corner of said
North One-Half of the Southeast Quarter; thence South 89 degrees 57 minutes 36
seconds East along the north line of said North One-Half of the Southeast
Quarter a distance of 660.01 feet to the east line of the West 660.00 feet of
said North One-Half of the Southeast Quarter and the actual point of beginning;
thence continue South 89 degrees 57 minutes 36 seconds East along the north
line of said North One-Half of the Southeast Quarter a distance of 657.40 feet
to the southeast corner of the Southwest Quarter of the Northeast Quarter of
said Section 28; thence South 00 degrees 19 minutes 17 seconds West, parallel
to the west line of said North One-Half of the Southeast Quarter a distance of
715.12 feet to the westerly right-of-way of US Interstate Highway 35; thence
along said westerly right-of-way of US Interstate Highway 35 a distance of
457.86 feet on a nontangential curve, concave to the southeast, having a radius
of 1,054.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and a
chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46
degrees 44 minutes 11 seconds West along said westerly right-of-way of US
Interstate Highway 35 a distance of 295.30 feet to the northerly right-of-way
of Minnesota Trunk Highway 73; thence 163.55 feet along said northerly
right-of-way of Minnesota Trunk Highway 73 on a nontangential curve, concave to
the south, having a radius of 1,984.88 feet, a central angle of 4 degrees 43
minutes 16 seconds, and a chord bearing of South 77 degrees 39 minutes 40
seconds West to the east line of the West 660.00 feet of said North One-Half of
the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a
distance of 1,305.90 feet, more or less, to the point of beginning and there
terminating.
Sec. 11. ADDITIONS
TO STATE RECREATION AREAS.
[85.013] [Subd. 11a.] Garden Island State Recreation
Area, Lake of the Woods County. The following areas are added to Garden Island State
Recreation Area, Lake of the Woods County:
(1) Bureau of Land
Management Island County Control Number 013 (aka Bridges Island) within Lake of
the Woods and located in Section 9, Township 165 North, Range 32 West;
(2) Bureau of Land
Management Island County Control Number 014 (aka Knight Island) within Lake of
the Woods and located in Section 22, Township 165 North, Range 32 West; and
(3) Bureau of Land
Management Island County Control Number 015 (aka Babe Island) within Lake of
the Woods and located in Section 17, Township 166 North, Range 32 West.
Sec. 12. ADDITIONS
TO BIRCH LAKES STATE FOREST.
[89.021] [Subd. 7.] Birch Lakes State Forest. The following area is added
to Birch Lakes State Forest: the East
Half of the Northeast Quarter, Section 35, Township 127 North, Range 33 West,
Stearns County.
Sec. 13. PUBLIC
OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND BORDERING PUBLIC WATER; AITKIN
COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, and the classification and public sale
provisions of Minnesota Statutes, chapters 84A and 282, the commissioner of
natural resources may sell by public or private 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.
The consideration for the conveyance must be for no less than the survey
costs and appraised value of the land and timber. 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: the East 132 feet of the West 396 feet, less the North 40 feet of
Government Lot 8, Section 19, Township 50 North, Range 23 West, containing 3.74
acres, more or less.
(d) The land borders Aitkin
Lake with privately owned land to the east and west. The land has been subject to continued trespasses by adjacent
landowners. The Department of Natural
Resources has determined that the land is not needed for natural resource
purposes.
Sec. 14. PUBLIC
OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; AITKIN COUNTY.
(a)
Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, Aitkin County may sell by public or private
sale the consolidated conservation lands that are 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 survey
costs and appraised value of the land and timber. Proceeds shall be disposed of according to Minnesota Statutes,
chapter 84A.
(c) The lands that may be
sold are located in Aitkin County and are described as:
(1) that part of the Northwest
Quarter of the Southeast Quarter, Section 31, Township 49 North, Range 22 West,
lying east of County State-Aid Highway 6, containing 3 acres, more or less;
(2) that part of Government
Lot 11, Section 3, Township 47 North, Range 26 West, lying north of County Road
54, containing 2 acres, more or less;
(3) that part of Government
Lot 1, Section 19, Township 51 North, Range 25 West, lying southwest of the
ditch, containing 20 acres, more or less;
(4) that part of the
Southwest Quarter of the Southwest Quarter, Section 13, Township 51 North,
Range 26 West, lying south of the ditch, containing 12 acres, more or less; and
(5) that part of the South
Half of the Southeast Quarter, Section 13, Township 51 North, Range 26 West,
lying south of the ditch, containing 40 acres, more or less.
(d) The lands are separated
from management units by roads or ditches.
The Department of Natural Resources has determined that the lands are
not needed for natural resource purposes.
Sec. 15. PRIVATE
SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, and upon completion of condemnation
of the school trust land interest, the commissioner of natural resources may
sell by private sale to Cormant Township 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 to Cormant Township 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 Cormant Township fails to provide for public use or abandons the
public use of the land.
(c) The land that may be
sold is located in Beltrami County and is described as: that part of the Northeast Quarter of the
Southeast Quarter, Section 15, Township 151 North, Range 31 West, Beltrami
County, Minnesota, described as follows:
Commencing at the northeast corner of said Northeast Quarter of the
Southeast Quarter; thence West along the north line of said Northeast Quarter
of the Southeast Quarter to the northwest corner of said Northeast Quarter of
the Southeast Quarter and the POINT OF BEGINNING of the property to be
described; thence East a distance of 76 feet, along said north line; thence
South a distance of 235 feet; thence West a distance of 76 feet to the west
line of said Northeast Quarter of the Southeast Quarter; thence North a
distance of 235 feet along said west line to the point of beginning. Containing 0.41 acre, more or less.
(d) Cormant Cemetery has
inadvertently trespassed upon the land.
The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to Cormant
Township and managed as part of the cemetery.
Since the land is currently school trust land, the Department of Natural
Resources shall first condemn the school trust interest prior to conveyance to
Cormant Township.
Sec. 16. PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; BELTRAMI COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Beltrami 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.
(c) The land to be sold is
located in Beltrami County and is described as: the easterly 350 feet of the following described parcel: Northland Addition to Bemidji Lots E, G, H,
I, J, Section 8, Township 146 North, Range 33 West, and all that part of
Unplatted Lot 1, Section 17, Township 146 North, Range 33 West and the
Minneapolis, Red Lake, and Manitoba Railway right-of-way lying West of Park
Avenue and within Lot 1 except that part of the MRL&M RY R/W lying north of
the north boundary line of Lot E, Northland Addition to Bemidji.
(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. 17. PUBLIC
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; CARLTON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Carlton 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.
(c) The land to be sold is
located in Carlton County and is described as:
the SE1/4 of the SE1/4 of Section 31, Township 47 North, Range 17 West,
Blackhoof Township.
(d) The Carlton County Board
of Commissioners has classified the parcel as nonconservation and has
determined that the county's land management interests would best be served if
the parcel was returned to private ownership.
Sec.
18. EXCHANGE OF STATE LAND WITHIN CARVER HIGHLANDS WILDLIFE MANAGEMENT
AREA; CARVER COUNTY.
(a) The commissioner of
natural resources may, with the approval of the Land Exchange Board as required
under the Minnesota Constitution, article XI, section 10, and according to the
provisions of Minnesota Statutes, sections 94.343 to 94.347, exchange the lands
described in paragraph (b).
(b) The lands to be
exchanged are located in Carver County and are described as:
(1) that part of the South
Half of the Northwest Quarter and that part of the Northwest Quarter of the
Southwest Quarter lying northwesterly of the following described line: Beginning on the north line of the South
Half of the Northwest Quarter, 1,815 feet East of the northwest corner thereof;
thence southwesterly 3,200 feet, more or less, to the southwest corner of the
Northwest Quarter of the Southwest Quarter and there terminating, all in
Section 30, Township 115 North, Range 23 West;
(2) the Southeast Quarter of
the Northeast Quarter, the West Half of the Southeast Quarter of the Southeast
Quarter, and that part of the North Half of the Southeast Quarter lying
easterly of County State-Aid Highway 45, all in Section 25, Township 115 North,
Range 24 West;
(3) the Northwest Quarter of
the Northeast Quarter of the Northeast Quarter and the North Half of the
Southwest Quarter of the Northeast Quarter of the Northeast Quarter, all in
Section 36, Township 115 North, Range 24 West; and
(4) the Northwest Quarter of
the Northwest Quarter, Section 6, Township 114 North, Range 23 West.
(c) The lands were acquired
in part with bonding appropriations.
The exchange with the United States Fish and Wildlife Service will
consolidate land holdings, facilitate management of the lands, and provide
additional wildlife habitat acres to the state.
Sec. 19. CONVEYANCE
OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CHIPPEWA COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Chippewa County may convey
to Chippewa County 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 county fails to provide for the public use described in
paragraph (d) or abandons the public use of the land. The attorney general may make necessary changes to the legal
description to correct errors and ensure accuracy.
(c) The land that may be
conveyed is located in Chippewa County and is described as follows:
(1) Tract 1: a tract in Government Lot 2 described as: beginning at the southeast corner of Lot 6,
Block 1, Original Plat Wegdahl; thence West 50 feet South, 50 Feet West on a
line 50 feet South of the south line of Block 1 to the river; thence
southeasterly along the river to a point 165 feet South of the south line of
Block 1; thence East on a line parallel with the south line of Block 1, to the
intersection with the continuation of the east line of Lot 6, Block 1; thence
North 165 feet to the point of beginning, Section 3, Township 116, Range 40;
(2) Tract 2: a 50 foot strip adjacent to Block 1,
Original Plat Wegdahl on South from Lot 3 to river, in Section 3, Township 116,
Range 40; and
(3) Tract 3: Lot 1, Block 2, Aadlands Subdivision.
(d) The county will use the
land to establish a public park.
Sec. 20. PUBLIC
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CLEARWATER COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Clearwater
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.
(c) The land to be sold is
located in Clearwater County and is described as: Parcel 11.300.0020.
(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. 21. CONVEYANCE
OF TAX-FORFEITED LAND BORDERING PUBLIC WATER OR WETLANDS; 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 convey to Dakota County 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 Dakota County 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:
That part of Government Lots
7 and 8, Section 26, Township 28, Range 22, lying southeasterly of Lot 2,
AUDITORS SUBDIVISION NO. 23, according to the recorded plat thereof, and lying
easterly of the railroad right-of-way and lying northwesterly of the following
described line:
Commencing at the southwest
corner of said Government Lot 7; thence North, assumed bearing, along the west
line of said Government Lot 7, a distance of 178.00 feet; thence northeasterly
along a nontangential curve concave to the southeast a distance of 290.00 feet,
said curve having a radius of 764.50 feet, a central angle of 21 degrees 43
minutes 57 seconds, a chord of 288.24 feet and a chord bearing of North 24
degrees 29 minutes 20 seconds East; thence continuing northeasterly along a
tangent curve concave to the southeast a distance of 350.00 feet, said curve
having a radius of 708.80 feet, a central angle of 28 degrees 17 minutes 32
seconds, a chord of 346.46 feet and a chord bearing of North 49 degrees 30
minutes 04 seconds East; thence North 63 degrees 38 minutes 50 seconds East
tangent to the last described curve a distance of 578.10 feet, to a point
hereinafter referred to as Point B; thence continuing North 63 degrees 38
minutes 50 seconds East a distance of 278.68 feet, more or less, to the
westerly right-of-way line of the Chicago, Rock Island and Pacific Railroad,
said point being the point of beginning of the line to be described; thence
North 63 degrees 38 minutes 50 seconds East a distance of 225.00 feet, more or
less, to the shoreline of the Mississippi River and there terminating. (Dakota
County tax identification number 36-02600-016-32).
(d) The county has
determined that the land is needed as a trail corridor for the Mississippi
River Regional Trail.
Sec. 22. 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 the city of Wayzata 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 to the city of Wayzata, 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 city of Wayzata 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: Tract F, Registered Land Survey No. 1168.
(d) The Department of
Natural Resources has determined that the state's land management interests
would best be served if the land was conveyed to the city of Wayzata.
Sec. 23. PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ITASCA COUNTY.
(a) 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 to
Itasca County the tax-forfeited land bordering public water that is described
in paragraph (c), for the appraised value of the land.
(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
in Itasca County and is described as:
the North 1,100 feet of Government Lot 1, Section 26, Township 56 North,
Range 26 West.
(d) The county has
determined that the county's land management interests would be best served if
the land was under the direct ownership of Itasca County.
Sec. 24. PUBLIC
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; MARSHALL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Marshall 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.
(c) The land to be sold is
located in Marshall County and is described as: that part of the westerly ten acres of the North Half of the
Northeast Quarter lying southerly of the following described line: Commencing at the quarter section corner
between Sections 2 and 11; thence South along the quarter section line a
distance of 1,080 feet to the northern edge of County Ditch #25, the point of
beginning; thence upstream along said ditch North 40 degrees East 95 feet;
thence South 41 degrees East 500 feet to the intersection with State Ditch #83;
thence along said state ditch North 52 degrees 50 minutes East 196 feet; thence
East 2,092 feet to the section line between Sections 11 and 12.
(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. 25. EXCHANGE
OF STATE LAND WITHIN LAKE LOUISE STATE PARK; MOWER COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 94.342, subdivision 4, the commissioner of natural
resources may, with the approval of the Land Exchange Board as required under
the Minnesota Constitution, article XI, section 10, and according to the
remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange
the land located within state park boundaries 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 state land that may
be exchanged is located in Mower County and is described as: that part of the Southeast Quarter of the
Southwest Quarter of the Southeast Quarter of Section 20, Township 101 North,
Range 14 West, Mower County, Minnesota, described as follows: Beginning at a point on the south line of
said Section 20 a distance of 1,039.50 feet (63 rods) East of the south quarter
corner of said Section 20; thence North at right angles to said south line
462.00 feet (28 rods); thence West parallel to said south line 380.6 feet, more
or less, to the west line of said Southeast Quarter of the Southwest Quarter of
the Southeast Quarter; thence South along said west line 462 feet, more or
less, to the south line of said Section 20; thence East along said south line
380.6 feet, more or less, to the point of beginning, containing 4.03 acres.
(d) The exchange would
resolve an unintentional trespass by the Department of Natural Resources of a
horse trail that is primarily located within Lake Louise State Park and provide
for increased access to the state park.
Sec. 26. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 19, Township 133,
Range 42, River's Bend Reserve, Lot B.
(d) The sale would be to the
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage.
Sec. 27. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 24, Township 136,
Range 41, Crystal Beach, Lot 56, Block 1.
(d) The sale would be to the
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage.
Sec. 28. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 9, Township 133,
Range 43, South 212 feet of Sub Lot 6 and South 212 feet of Sub Lot 7, except
tract and except platted (1.19) acres.
(d) The Department of
Natural Resources has no objection to the sale of this land.
Sec. 29. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 10, Township 134,
Range 42, Heilberger Lake Estates, Reserve Lot A.
(d) The sale would be to the
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage.
Sec. 30. PUBLIC
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail
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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 31, Township 137,
Range 39, Government Lot 5 (37.20 acres).
(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. 31. PUBLIC
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail
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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 29, Township 137,
Range 40, Freedom Flyer Estates, Lot 26, Block 1.
(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. 32. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Quiet Waters Development
Outlot A.
(d) The sale would be to the
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage.
Sec. 33. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 9, Township 136,
Range 38, part of Government Lot 4 North and East of highway (Book 307, Page
31).
(d) The sale would be to the
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage.
Sec. 34. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 9, Township 136,
Range 38, Elm Rest, part of Lots 3, 4, 5, and 6 and of Reserve A lying North of
road (Book 307, Page 31).
(d) The sale would be to the
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage.
Sec. 35. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 27, Township 135,
Range 39, Government Lot 7 (9.50 acres).
(d) The sale would be to the
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage.
Sec. 36. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 9, Township 135,
Range 41, Government Lot 2, except tracts (7.77 acres).
(d) The sale would be to the
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage.
Sec. 37. PUBLIC
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding Minnesota
Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
38609 County Highway 41,
Section 9, Township 135, Range 41, part of Government Lot 2 beginning 275 feet
West, 1,021.36 feet southwesterly, 1,179 feet southeasterly, 132 feet South
from northeast corner Section 9; East 33 feet, southerly 314 feet, West 33
feet, northerly on lake East 110 feet to beginning.
Sec. 38. PUBLIC
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail
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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 27, Township 132,
Range 41, Stalker View Acres, Lot 6, Block 1.
Sec. 39. PUBLIC
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail 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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 33, Township 135,
Range 36, North Half of Sub Lot 5 of the Southwest Quarter (7.07 acres).
(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. 40. PUBLIC
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail
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.
(c) The land to be sold is
located in Otter Tail County and is described as:
Section 33, Township 135,
Range 36, South Half of Sub Lot 5 of the Southwest Quarter (7.06 acres).
(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. 41. CONVEYANCE
OF SURPLUS STATE LAND; RICE COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 16B.281 to 16B.287, the commissioner of administration
may convey to Rice County for no consideration the surplus land that is
described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general and provide that the land revert to
the state if Rice County stops using the land for the public purpose described
in paragraph (d). 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 Rice County and is described as:
(1) that part of Section 5,
Township 109 North, Range 20 West, Rice County, Minnesota, described as
follows:
Commencing at the northwest
corner of the Northwest Quarter of said Section 5; thence southerly on a
Minnesota State Plane Grid Azimuth from North of 180 degrees 23 minutes 50
seconds along the west line of said Northwest Quarter 348.30 feet to the point
of beginning of the parcel to be described; thence easterly on an azimuth of 93
degrees 18 minutes 54 seconds 279.20 feet; thence southerly on an azimuth of
183 degrees 10 minutes 40 seconds 144.38 feet; thence southeasterly on an
azimuth of 148 degrees 00 minutes 00 seconds 110.00 feet; thence northeasterly
on an azimuth of 58 degrees 00 minutes 00 seconds 119.90 feet; thence
southeasterly on an azimuth of 148 degrees 00 minutes 00 seconds 133.00 feet;
thence southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 199.38
feet; thence westerly on an azimuth of 268 degrees 00 minutes 00 seconds 180.72
feet; thence northerly on an azimuth of 358 degrees 00 minutes 00 seconds 55.36
feet; thence westerly on an azimuth of 268 degrees 00 minutes 00 seconds 152.18
feet; thence northerly on an azimuth of 00 degrees 23 minutes 50 seconds 364.80
feet to the point of beginning; and
(2) that part of Section 5,
Township 109 North, Range 20 West, Rice County, Minnesota, described as
follows:
Commencing at the northwest
corner of the Northwest Quarter of said Section 5; thence southerly on a
Minnesota State Plane Grid Azimuth from North of 180 degrees 23 minutes 50
seconds along the west line of said Northwest Quarter 348.30 feet; thence
easterly on an azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet to the
point of beginning of the parcel to be described; thence continuing easterly on
an azimuth of 93 degrees 18 minutes 54 seconds 45.00 feet; thence southeasterly
on an azimuth of 148 degrees 00 minutes 00 seconds 202.00 feet; thence
southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 119.90 feet;
thence northwesterly on an azimuth of 328 degrees 00 minutes 00 seconds 110.00
feet; thence northerly on an azimuth of 3 degrees 10 minutes 40 seconds 144.38
feet to the point of beginning.
(d) The commissioner has
determined that the land is no longer needed for any state purpose and that the
state's land management interests would best be served if the land was conveyed
to and used by Rice County for a jail.
Sec. 42. PRIVATE
SALE OF CONSOLIDATED CONSERVATION LAND; ROSEAU 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 survey
costs and the appraised value of the land and timber. Proceeds shall be disposed of according to Minnesota Statutes,
chapter 84A.
(c) The land that may be
sold is located in Roseau County and is described as: the North 75 feet of the East 290.4 feet of the West 489.85 feet
of the East 1,321.15 feet of the Northeast Quarter, Section 35, Township 160
North, Range 38 West, containing 0.5 acres, more or less.
(d) The land would be sold
to the current leaseholder who through an inadvertent trespass located a cabin,
septic system, and personal property on the state land. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
Sec. 43. 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 to St. Louis County 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 to St. Louis County 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 St. Louis County fails to provide for public use or
abandons the public use of the land.
(c) The land that may be
sold is located in St. Louis County and is described as: an undivided 1/12 interest in Government Lot
6, Section 6, Township 62 North, Range 13 West, containing 35.75 acres, more or
less.
(d) The land was gifted to
the state. The remaining 11/12 undivided
interest in the land is owned by the state in trust for the taxing districts
and administered by St. Louis County.
The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to St. Louis
County.
Sec. 44. CONVEYANCE
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
or convey to the state acting by and through its commissioner of natural
resources, the tax-forfeited land bordering public water that is described in
paragraph (c), under the provisions of Minnesota Statutes, section 282.01,
subdivision 1a.
(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: Lot 7, Klimek's Addition to Grand Lake,
according to the plat thereof on file and of record in the Office of the County
Recorder, St. Louis County.
(d) The county has
determined that the land is not needed for county management purposes and the
Department of Natural Resources would like to acquire the land for use as a
public water access site to Little Grand Lake.
Sec. 45. 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. Prior to
the sales, the commissioner of revenue shall grant permanent conservation
easements according to Minnesota Statutes, section 282.37, to provide riparian
protection and public access to shore fishing.
The easements for land described in paragraph (c), clauses (1) to (3),
shall be 450 feet in width from the centerline of the river. The easements for land described in
paragraph (c), clauses (4) and (5), shall be 300 feet in width from the
centerline of the river. The easements
must be approved by the St. Louis County Board and the commissioner of natural
resources.
(c) The land to be sold is
located in St. Louis County and is described as:
(1) Lot 5 except railroad
right-of-way 3.15 acres, Section 2, T50N, R18W (23.35 acres) (535-0010-00210);
(2) Lot 7 except railroad
right-of-way 3.9 acres, Section 2, T50N, R18W (30.1 acres) (535-0010-00300);
(3) Lot 5 except railroad
right-of-way 3 acres, Section 12, T50N, R18W (36 acres) (535-0010-01910);
(4) Lot 2 except railroad
right-of-way, Section 35, T51N, R18W (22.5 acres) (310-0010-05650); and
(5) Lot 1 except GN railroad
right-of-way, Section 35, T51N, R18W (34 acres) (110-0040-00160).
(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. 46. 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
(d) 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) Prior to the sales of
the land described in paragraph (d), clauses (1), (2), and (10) to (12), the
commissioner of revenue shall grant permanent conservation easements according
to Minnesota Statutes, section 282.37, to provide riparian protection and
public access for angling. The
easements must be approved by the St. Louis County Board and the commissioner
of natural resources. The easements
shall be for lands described in paragraph (d):
(1) clause (1), 75 feet in
width on each side of the centerline of the creek;
(2) clause (2), 200 feet in
width on each side of the centerline of the river;
(3) clause (10), 100 feet in
width on each side of the centerline of the river; and
(4) clauses (11) and (12),
50 feet in width on each side of the centerline of the stream.
(d) The land to be sold is
located in St. Louis County and is described as:
(1) N 1/2 of NW 1/4 of NE
1/4 of SE 1/4, Section 22, T51N, R14W (5 acres) (520-0016-00590);
(2) SW 1/4 of SW 1/4,
Section 8, T50N, R16W (40 acres) (530-0010-01510);
(3) undivided 1/6 and
undivided 1/2 of Lot 9, Thompson Lake Addition, Section 12, T53N, R14W
(375-0120-00091, 375-0120-00094);
(4) SLY 200 FT OF NLY 1,220
FT OF LOT 4, Section 20, T54N, R18W (9.5 acres) (405-0010-03394);
(5) PART OF SW 1/4 OF SE 1/4
LYING N OF SLY 433 FT, Section 36, T57N, R21W (25 acres) (141-0050-07345);
(6) PART OF SE 1/4 OF SW 1/4
LYING W OF DW & P RY AND N OF PLAT OF HALEY, Section 23, T63N, R19W (11
acres) (350-0020-03730);
(7) SE 1/4 of NW 1/4, Section
26, T58N, R19W (40 acres) (385-0010-02610);
(8) NE 1/4 of SW 1/4,
Section 20, T59N, R20W (40 acres) (235-0030-03110);
(9) LOT 4, Section 2, T61N,
R19W (40 acres) (200-0010-00230);
(10) SW 1/4 of SE 1/4,
Section 19, T50N, R16W (40 acres) (530-0010-03570);
(11) LOTS 15, 16, 17, 18,
19, BLOCK 1, COLMANS 4th ACRE TRACT ADDITION TO DULUTH, Section 33, T51N, R14W
(520-0090-00150, -00160, -00180); and
(12) BLOCKS 17, 18, and 20,
PLAT OF VERMILION TRAIL LODGE, Section 13, T62N, R14W.
(e) The county has determined
that the county's land management interests would best be served if the lands
were returned to private ownership.
Sec. 47. PRIVATE
SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a) Notwithstanding the
public sale provisions of Minnesota Statutes, chapter 282, or other law to the
contrary, St. Louis County may sell by private sale the tax-forfeited land
described in paragraph (c).
(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:
Lots 20 and 21, Plat of Twin
Lakes, Government Lot 3, Section 32, T60N, R19W (1.1 acres) (385-0070-00200).
(d) This sale resolves an
unintentional trespass. The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 48. CONVEYANCE
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 convey
to the state for no consideration the tax-forfeited land bordering public water
that is described in paragraph (c).
(b) The conveyance must be
according to Minnesota Statutes, section 282.01, subdivision 2, and 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 conveyed
is located in St. Louis County and is described as:
(1) lands in the city of
Duluth, Section 23, Township 49 North, Range 15 West, that part of Government
Lot 2 lying southeasterly of the southeasterly right-of-way of the St. Paul and
Duluth and Northern Pacific Railway including riparian rights.
EXCEPT: that part of Government Lot 2 beginning at
the intersection of the south line of Lot 2 and the southeasterly right-of-way
of the St. Paul and Duluth and Northern Pacific Railway; thence easterly along
the south line of said Lot 2 a distance of 150 feet to a point; thence deflect
to the left and continue in a straight line to a point on the southeasterly
line of said railway right-of-way said point distant 150 feet northeast of the
point of beginning; thence deflect to the left and continue southwesterly along
the southeasterly line of said railway right-of-way a distance of 150 feet to
point of beginning and there terminating.
EXCEPT FURTHER: that part of Government Lot 2 commencing at
the point of intersection of the south line of Lot 2 and the southeasterly right-of-way
of the St. Paul and Duluth and Northern Pacific Railway; thence northeasterly
along the southeasterly line of said railway right-of-way a distance of 1,064
feet to point of beginning; thence deflect 44 degrees, 12 minutes, 27 seconds
to the right a distance of 105.44 feet to a point; thence deflect 85 degrees,
16 minutes, 07 seconds to the left a distance of 111.92 feet more or less to a
point on the southeasterly line of said railway right-of-way; thence deflect to
the left and continue northwesterly along the southeasterly line of said
railway right-of-way a distance of 160 feet more or less to point of beginning
and there terminating (010-2746-00290); and
(2) lands in the city of
Duluth, Section 23, Township 49 North, Range 15 West, that part of Government
Lot 1, including riparian rights, lying southerly of the Northern Pacific Short
Line right-of-way except 5 18/100 acres for Northern Pacific Main Line and
except a strip of land 75 feet wide and adjoining the Northern Pacific Main
Line right-of-way and formerly used as right-of-way by Duluth Transfer Railway
2 67/100 acres, also except that part lying North of Grand Avenue 72/100 acres
and except a strip of land adjacent to the Old Transfer Railway right-of-way
containing 2 13/100 acres. Revised
Description #40, Recorder of Deeds, Book 686, Page 440.
EXCEPT: that part of Government Lot 1 lying
southerly of the Northern Pacific Short Line right-of-way and northerly of the
Old Transfer Railway right-of-way.
EXCEPT FURTHER: that part of Government Lot 1 lying
southerly of the Northern Pacific Main Line right-of-way and lying northerly of
a line parallel to and lying 305 feet southerly of the north line of said
Government Lot 1 (010-2746-00245).
Sec. 49. 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 include a deed restriction that prohibits excavating, filling,
dumping, tree cutting, burning, structures, and buildings within an area that
is 75 feet in width along the shoreline.
A 15-foot strip for landowner lake access is allowed.
(c) The land to be sold is
located in St. Louis County and is described as: E 1/2 of W 1/2 of E 1/2 of SW 1/4 of NW 1/4, Section 27, T57N,
R17W (5 acres).
(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. 50. 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 include a deed restriction on buildings, structures, tree
cutting, removal of vegetation, and shoreland alterations within an area that
is 75 feet in width along the river. A
15-foot strip for landowner river access is allowed.
(c) The land to be sold is
located in St. Louis County and is described as: that part of Lot 8 beginning at a point 200 feet East of the
center of Section 5; thence South 300 feet; thence East 300 feet; thence North
263 feet to shoreline of Ash River; thence northwesterly along the river 325
feet; thence southerly to point of beginning, Section 5, T68N, R19W (2 acres)
(731-0010-00845).
(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. 51. 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 (d) 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) Prior to the sales of
the land described in paragraph (d), clauses (1) to (4), the commissioner of
revenue shall grant permanent conservation easements according to Minnesota
Statutes, section 282.37. The easements
must be approved by the St. Louis County Board and the commissioner of natural
resources. The easements shall be for
lands described in paragraph (d):
(1) clause (1), 100 feet in
width on each side of the centerline of the river. A 15-foot strip for landowner river access is allowed;
(2) clause (2), 125 feet in
width on each side of the centerline of the river. A 15-foot strip for landowner river access is allowed;
(3) clause (3), 100 feet in
width on each side of the centerline of the tributary; and
(4) clause (4), for access
purposes.
(d) The land to be sold is
located in St. Louis County and is described as:
(1) SW 1/4 of SW 1/4 except
W 1/2, Section 14, T62N, R18W (20 acres);
(2) S 1/2 of SW 1/4 of SW
1/4, Section 16, T62N, R18W (20 acres);
(3) SW 1/4 of SE 1/4 except
5 acres at NW corner and except S 1/2 and except E 1/2 of NE 1/4, Section 10,
T52N, R12W (10 acres);
(4) NW 1/4 of SE 1/4 except
that part of the NE 1/4 lying N of the East Van Road and except S 1/2 of N 1/2
of S 1/2 and except S 1/2 of S 1/2, Section 5, T52N, R14W (18.3 acres);
(5) westerly 416 feet of SW
1/4 of SW 1/4 except westerly 208 feet of southerly 624 feet, Section 21, T56N,
R18W (9.63 acres);
(6) Lot 3, Section 1, T55N,
R21W (46.18 acres);
(7) SW 1/4 of NE 1/4,
Section 18, T52N, R15W (40 acres); and
(8) Lots 23, 73, 95, 118,
119 of NE-NA MIK-KA-TA plat, town of Breitung, located in Government Lots 1 and
12 of Section 6, T62N, R15W.
(e) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 52. 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) that part of the South
200 feet of the West 900 feet of Government Lot 4 lying east of State Highway
73, and that part of the North 300 feet of the West 900 feet of Government Lot
5 lying east of State Highway 73, all in Section 6, Township 52 North, Range 20
West;
(2) that part of the
Southeast Quarter of the Northeast Quarter lying north of County Road 115 in
Section 15, Township 62 North, Range 17 West; and
(3) that part of the
Southwest Quarter of the Northeast Quarter of Section 26, Township 63 North,
Range 12 West, lying west of the west right-of-way boundary of County Highway
88; EXCEPTING therefrom the following described tract of land: That part of the Southwest Quarter of the
Northeast Quarter of Section 26, Township 63 North, Range 12 West, described as
follows: Begin at a point located at
the intersection of the north and south quarter line of said section and the
north boundary line of the right-of-way of County Highway 88, said point being
494.44 feet North of the center of said section; thence North on said north and
south quarter line a distance of 216.23 feet; thence at an angle of 90 degrees
0 minutes to the right a distance of 253.073 feet; thence at an angle of 90
degrees 0 minutes to the right a distance of 472.266 feet to a point on the
north boundary line of the right-of-way of said County Highway 88; thence in a
northwesterly direction along the north boundary line of the right-of-way of
said County Highway 88, a distance of 360 feet to the point of beginning.
(d) The sales authorized
under this section are needed for public utility substations.
Sec. 53. PRIVATE
SALE OF WILDLIFE MANAGEMENT AREA LAND; WABASHA COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09, 94.10, and 97A.135, subdivision 2a, the
commissioner of natural resources shall sell by private sale the wildlife
management area land 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 Mazeppa Township for less than the
value of the land as determined by the commissioner.
(c) The land that may be
sold is located in Wabasha County and is described as follows: all of the following described tract: the southerly 300 feet of the westerly 350
feet of the Northwest Quarter of the Northwest Quarter of Section 10, Township
109 North, Range 14 West; together with the southerly 300 feet of the easterly
150 feet of the Northeast Quarter of the Northeast Quarter of Section 9,
Township 109 North, Range 14 West; excepting therefrom the right-of-way of
existing highway; containing 3.23 acres more or less.
(d) The land is located in
Mazeppa Township and is not contiguous to other state lands. 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. 54. PUBLIC
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WADENA COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus lands bordering public water that are 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 lands that may be
sold are located in Wadena County and are described as:
(1) Government Lot 3,
Section 28, Township 135 North, Range 33 West, containing 0.01 acres, more or
less;
(2) Government Lot 2,
Section 34, Township 135 North, Range 33 West, containing 1.5 acres, more or
less; and
(3) Government Lot 7,
Section 30, Township 135 North, Range 35 West, containing 0.01 acres, more or
less.
(d) The lands border the
Leaf River and are not contiguous to other state lands. The Department of Natural Resources has
determined that the lands are not needed for natural resource purposes.
Sec.
55. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON
COUNTY.
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018,
subdivision 1, and the public sale provisions of Minnesota Statutes, chapter
282, Washington County may convey to the Comfort Lake-Forest Lake Watershed
District 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 Comfort Lake-Forest Lake Watershed District stops using the
land for the public purpose described in paragraph (d). 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 Washington County and is described as:
(1) Parcel A (PIN
05.032.21.12.0001): all that part of
the Northwest Quarter of the Northeast Quarter, Section 5, Township 32, Range
21, Washington County, Minnesota, that lies East of Minnesota Highway 61 as
relocated and South of Judicial Ditch No. 1, except the following described
tracts:
Beginning at a point where
the easterly right-of-way of Minnesota Highway 61 intersects the south line of
the Northwest Quarter of the Northeast Quarter, Section 5, Township 32, Range
21, Washington County, Minnesota; thence East along said south line of the
Northwest Quarter of the Northeast Quarter of Section 5 for 194.1 feet; thence
North at right angles 435.3 feet; thence South 75 degrees 56 minutes West for
294.4 feet to said easterly right-of-way of Minnesota Highway 61; thence South
14 degrees 04 minutes East along said easterly right-of-way of Minnesota
Highway 61 for 375.0 feet to the point of the beginning; and
That part of the Northwest
Quarter of the Northeast Quarter, Section 5, Township 32 North, Range 21 West,
Washington County, Minnesota, described as follows: commencing at the north quarter corner of Section 5; thence East
along the north line of Section 5, a distance of 538.8 feet to the easterly
right-of-way line of Trunk Highway 61; thence southeasterly deflection to the
right 76 degrees 00 minutes 20 seconds, along said highway right-of-way line,
500.4 feet to the point of beginning; thence continuing southeasterly along
said highway right-of-way line 293.7 feet to the northwest corner of the Philip
F. and Maree la J. Turcott property, as described in Book 261 of Deeds on Page
69; thence northeasterly at right angles along the northerly line of said
Turcott property in its northeasterly projection thereof, 318.4 feet, more or
less, to the centerline of Sunrise River; thence northwesterly along said
Sunrise River centerline, 358 feet, more or less, to the point of intersection
with a line drawn northeasterly from the point of beginning and perpendicular
to the easterly right-of-way line of Trunk Highway 61; thence southwesterly
along said line, 154.3 feet, more or less, to the point of beginning; and
(2) Parcel B (PIN
05.032.21.12.0004): that part of the
Northwest Quarter of the Northeast Quarter, Section 5, Township 32, Range 21,
lying easterly of Highway 61 and North of Judicial Ditch No. 1.
(d) The county has
determined that the land is needed by the watershed district for purposes of
Minnesota Statutes, chapter 103D.
Sec. 56. LEASE
OF TAX-FORFEITED AND STATE LANDS.
(a) Notwithstanding
Minnesota Statutes, section 282.04, or other law to the contrary, St. Louis
County may enter a 30-year lease of tax-forfeited land for a wind energy
project.
(b) The commissioner of
natural resources may enter a 30-year lease of land administered by the
commissioner for a wind energy project.
Sec. 57. EFFECTIVE
DATE.
This article is effective
the day following final enactment.
ARTICLE 2
GAME AND FISH
Section 1. Minnesota Statutes 2006, section 17.4981, is
amended to read:
17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC FARMS.
(a) Aquatic farms are licensed
to culture private aquatic life.
Cultured aquatic life is not wildlife.
Aquatic farms must be licensed and given classifications to prevent or
minimize impacts on natural resources.
The purpose of sections 17.4981 to 17.4997 is to:
(1) prevent public aquatic
life from entering an aquatic farm;
(2) prevent release of
nonindigenous or exotic species into public waters without approval of the
commissioner;
(3) protect against release
of disease pathogens to public waters;
(4) protect existing natural
aquatic habitats and the wildlife dependent on them; and
(5) protect private aquatic
life from unauthorized taking or harvest.
(b) Private aquatic life that is
legally acquired and possessed is an article of interstate commerce and may be
restricted only as necessary to protect state fish and water resources.
(c) The commissioner of
natural resources shall report to the legislature, in odd-numbered years, the
proposed license and other fees that would make aquaculture
self-sustaining. The fees shall not
cover the costs of other programs. The
commissioner shall encourage fish farming in man-made ponds and develop best
management practices for aquaculture to ensure the long-term sustainability of
the program.
Sec. 2. Minnesota Statutes 2007 Supplement, 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) By January 15, 2008, the
commissioner shall report to the senate and house of representatives committees
on natural resource policy and finance on policy recommendations regarding
aquaculture.
(f) The commissioner shall
not issue or renew a license to raise minnows 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 the day following final enactment.
Sec. 3. Minnesota Statutes 2006, section 84.027,
subdivision 15, is amended to read:
Subd. 15. Electronic
transactions. (a) The commissioner
may receive an application for, sell, and issue any license, stamp, permit,
pass, sticker, duplicate safety training certification, registration, or
transfer under the jurisdiction of the commissioner by electronic means,
including by telephone. Notwithstanding
section 97A.472, electronic and telephone transactions may be made outside of
the state. The commissioner may:
(1) provide for the
electronic transfer of funds generated by electronic transactions, including by
telephone;
(2) assign an identification
number to an applicant who purchases a hunting or fishing license or
recreational vehicle registration by electronic means, to serve as temporary
authorization to engage in the activity requiring a license or registration
until the license or registration is received or expires;
(3) charge and permit agents
to charge a fee of individuals who make electronic transactions and
transactions by telephone or Internet, including issuing fees and an additional
transaction fee not to exceed $3.50;
(4) charge and permit
agents to charge a convenience fee not to exceed three percent of the cost of
the license to individuals who use electronic bank cards for payment. An electronic licensing system agent
charging a fee of individuals making an electronic bank card transaction in
person must post a sign informing individuals of the fee. The sign must be near the point of payment,
clearly visible, include the amount of the fee, and state that charging the fee
is not required by state law and that it is the agent's choice to charge the
fee;
(5) establish, by written
order, an electronic licensing system commission to be paid by revenues
generated from all sales made through the electronic licensing system. The commissioner shall establish the
commission in a manner that neither significantly overrecovers nor
underrecovers costs involved in providing the electronic licensing system; and
(5) (6) adopt rules to administer
the provisions of this subdivision.
(b) The fees established
under paragraph (a), clause clauses (3) and (4), and the
commission established under paragraph (a), clause (4) (5), are
not subject to the rulemaking procedures of chapter 14 and section 14.386 does
not apply.
(c) Money received from fees
and commissions collected under this subdivision, including interest earned, is
annually appropriated from the game and fish fund and the natural resources
fund to the commissioner for the cost of electronic licensing.
Sec. 4. Minnesota Statutes 2006, section 84D.10,
subdivision 2, is amended to read:
Subd. 2. Exceptions. Unless otherwise prohibited by law, a person
may place into the waters of the state a watercraft or trailer with aquatic
macrophytes:
(1) that are duckweeds in
the family Lemnaceae;
(2) for purposes of shooting
or observation blinds attached in or on watercraft in amounts sufficient
for that purpose, if the aquatic macrophytes are emergent and cut above the
waterline;
(3) that are wild rice
harvested under section 84.091; or
(4) in the form of fragments
of emergent aquatic macrophytes incidentally transported in or on watercraft or
decoys used for waterfowl hunting during the waterfowl season.
Sec. 5. Minnesota Statutes 2006, section 84D.13,
subdivision 4, is amended to read:
Subd. 4. Warnings;
civil citations. After appropriate
training, conservation officers, other licensed peace officers, and other
department personnel designated by the commissioner may issue warnings or
citations to a person who:
(1) unlawfully transports
prohibited invasive species or aquatic macrophytes;
(2) unlawfully places or
attempts to place into waters of the state a trailer, a watercraft, or plant
harvesting equipment that has aquatic macrophytes or prohibited invasive
species attached;
(3) intentionally damages,
moves, removes, or sinks a buoy marking, as prescribed by rule, Eurasian water
milfoil;
(4) fails to drain water, as
required by rule, from watercraft and equipment before leaving designated zebra
mussel, spiny water flea, or other invasive plankton infested waters; or
(5) transports infested
water, in violation of rule, off riparian property.
Sec. 6. Minnesota Statutes 2006, section 85.46,
subdivision 1, is amended to read:
Subdivision 1. Pass
in possession. (a) Except as
provided in paragraph (b), while riding, leading, or driving a horse on
horse trails and associated day use areas on state trails, in state parks, in
state recreation areas, and in state forests, a person 16 years of age or over
shall carry in immediate possession and visibly display on person or horse
tack, a valid horse trail pass. The
pass must be available for inspection by a peace officer, a conservation
officer, or an employee designated under section 84.0835.
(b) A valid horse trail pass
is not required under this section for a person riding, leading, or driving a
horse only on the portion of a horse trail that is owned by the person or the
person's spouse, child, or parent.
Sec. 7. Minnesota Statutes 2006, section 97A.015, is
amended by adding a subdivision to read:
Subd. 44a. Shelter. "Shelter" means any structure,
other than a self-propelled motor vehicle, set on the ice of state waters to
provide shelter.
Sec. 8. Minnesota Statutes 2007 Supplement, section
97A.055, subdivision 4, is amended to read:
Subd. 4. Game
and fish annual reports. (a) By
December 15 each year, the commissioner shall submit to the legislative
committees having jurisdiction over appropriations and the environment and
natural resources reports on each of the following:
(1) the amount of revenue
from the following and purposes for which expenditures were made:
(i) the small game license
surcharge under section 97A.475, subdivision 4;
(ii) the Minnesota migratory
waterfowl stamp under section 97A.475, subdivision 5, clause (1);
(iii) the trout and salmon
stamp under section 97A.475, subdivision 10;
(iv) the pheasant stamp
under section 97A.475, subdivision 5, clause (2);
(v) the turkey stamp
wild turkey management account under section 97A.475, subdivision 5,
clause (3) 97A.075, subdivision 5; and
(vi) the deer license
donations and surcharges under section 97A.475, subdivisions 3, paragraph (b),
and 3a;
(2) the amounts available
under section 97A.075, subdivision 1, paragraphs (b) and (c), and the purposes
for which these amounts were spent;
(3) money credited to the
game and fish fund under this section and purposes for which expenditures were
made from the fund;
(4) outcome goals for the
expenditures from the game and fish fund; and
(5) summary and comments of
citizen oversight committee reviews under subdivision 4b.
(b) The report must include
the commissioner's recommendations, if any, for changes in the laws relating to
the stamps and surcharge referenced in paragraph (a).
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec. 9. Minnesota Statutes 2006, section 97A.055,
subdivision 4b, is amended to read:
Subd. 4b. Citizen
oversight subcommittees. (a) The
commissioner shall appoint subcommittees of affected persons to review the
reports prepared under subdivision 4; review the proposed work plans and
budgets for the coming year; propose changes in policies, activities, and
revenue enhancements or reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for improvements in the
management and use of money in the game and fish fund.
(b) The commissioner shall
appoint the following subcommittees, each comprised of at least three affected
persons:
(1) a Fisheries Operations
Subcommittee to review fisheries funding, excluding activities related to trout
and salmon stamp funding;
(2) a Wildlife Operations
Subcommittee to review wildlife funding, excluding activities related to
migratory waterfowl, pheasant, and turkey stamp wild turkey
management funding and excluding review of the amounts available under
section 97A.075, subdivision 1, paragraphs (b) and (c);
(3) a Big Game Subcommittee
to review the report required in subdivision 4, paragraph (a), clause (2);
(4) an Ecological Services
Operations Subcommittee to review ecological services funding;
(5) a subcommittee to review
game and fish fund funding of enforcement, support services, and Department of
Natural Resources administration;
(6) a subcommittee to review
the trout and salmon stamp report and address funding issues related to trout
and salmon;
(7) a subcommittee to review
the report on the migratory waterfowl stamp and address funding issues related
to migratory waterfowl;
(8) a subcommittee to review
the report on the pheasant stamp and address funding issues related to
pheasants; and
(9) a subcommittee to review
the report on the turkey stamp wild turkey management account and
address funding issues related to wild turkeys.
(c) The chairs of each of
the subcommittees shall form a Budgetary Oversight Committee to coordinate the
integration of the subcommittee reports into an annual report to the
legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that
transcend the subcommittees; and submit a report for any subcommittee that
fails to submit its report in a timely manner.
(d) The Budgetary Oversight
Committee shall develop recommendations for a biennial budget plan and report
for expenditures on game and fish activities.
By August 15 of each even-numbered year, the committee shall submit the
budget plan recommendations to the commissioner and to the senate and house
committees with jurisdiction over natural resources finance.
(e) Each subcommittee shall
choose its own chair, except that the chair of the Budgetary Oversight
Committee shall be appointed by the commissioner and may not be the chair of
any of the subcommittees.
(f) The Budgetary Oversight
Committee must make recommendations to the commissioner and to the senate and
house committees with jurisdiction over natural resources finance for outcome
goals from expenditures.
(g) Notwithstanding section
15.059, subdivision 5, or other law to the contrary, the Budgetary Oversight
Committee and subcommittees do not expire until June 30, 2010.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec. 10. Minnesota Statutes 2006, section 97A.075,
subdivision 4, is amended to read:
Subd. 4. Pheasant
stamp. (a) Ninety percent of the
revenue from pheasant stamps must be credited to the pheasant habitat
improvement account. Money in the
account may be used only for:
(1) the development, restoration,
and maintenance of suitable habitat for ringnecked pheasants on public and
private land including the establishment of nesting cover, winter cover, and
reliable food sources;
(2) reimbursement of
landowners for setting aside lands for pheasant habitat;
(3) reimbursement of
expenditures to provide pheasant habitat on public and private land;
(4) the promotion of
pheasant habitat development and maintenance, including promotion and
evaluation of government farm program benefits for pheasant habitat; and
(5) the acquisition of lands
suitable for pheasant habitat management and public hunting.
(b) Money in the account may
not be used for:
(1) costs unless they are
directly related to a specific parcel of land under paragraph (a), clause (1),
(3), or (5), or to specific promotional or evaluative activities under
paragraph (a), clause (4); or
(2) any personnel costs,
except that prior to July 1, 2009 2019, personnel may be hired to
provide technical and promotional assistance for private landowners to
implement conservation provisions of state and federal programs.
Sec. 11. Minnesota Statutes 2006, section 97A.075,
subdivision 5, is amended to read:
Subd. 5. Turkey
stamps account. (a) Ninety
percent of the revenue from turkey stamps $4.50 from each turkey license
sold must be credited to the wild turkey management account. Money in the account may be used only for:
(1) the development,
restoration, and maintenance of suitable habitat for wild turkeys on public and
private land including forest stand improvement and establishment of nesting
cover, winter roost area, and reliable food sources;
(2) acquisitions of, or
easements on, critical wild turkey habitat;
(3) reimbursement of
expenditures to provide wild turkey habitat on public and private land;
(4) trapping and
transplantation of wild turkeys; and
(5) the promotion of turkey
habitat development and maintenance, population surveys and monitoring, and
research.
(b) Money in the account may
not be used for:
(1) costs unless they are
directly related to a specific parcel of land under paragraph (a), clauses (1)
to (3), a specific trap and transplant project under paragraph (a), clause (4),
or to specific promotional or evaluative activities under paragraph (a), clause
(5); or
(2) any permanent personnel
costs.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec. 12. Minnesota Statutes 2006, section 97A.311,
subdivision 5, is amended to read:
Subd. 5. Refunds. (a) The commissioner may issue a refund on a
license, not including any issuing fees paid under section 97A.485, subdivision
6, if:
(1) the licensee dies before
the opening of the licensed season. The
original license and a copy of the death certificate must be provided to the
commissioner; or
(2) the licensee is unable
to participate in the licensed activity because the licensee is called to
active military duty or military leave is canceled during the entire open
season of the licensed activity. The
original license and a copy of the military orders or notice of cancellation of
leave must be provided to the commissioner; or
(3) the licensee purchased
two licenses for the same license season in error.
(b) This subdivision does
not apply to lifetime licenses.
Sec. 13. Minnesota Statutes 2007 Supplement, 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 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 a conservation officer or
peace 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 issued
electronically and not immediately provided to the licensee shall be mailed to
the licensee within 30 days of purchase of the license. A pictorial turkey, migratory
waterfowl, pheasant, or trout and salmon stamp shall be provided to the
licensee after purchase of a stamp validation only if the licensee pays an
additional $2 fee. A pictorial
turkey stamp may be purchased for a $2 fee.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec. 14. Minnesota Statutes 2006, section 97A.431,
subdivision 2, is amended to read:
Subd. 2. Eligibility. Persons eligible for a moose license shall
be determined under this section and commissioner's rule. A person is eligible for a moose license
only if the person:
(1) is a resident; and
(2) is at least age 16
before the season opens; and
(3) (2) has not been issued a moose
license for any of the last five seasons or after January 1, 1991.
Sec. 15. Minnesota Statutes 2006, section 97A.433,
subdivision 2, is amended to read:
Subd. 2. Eligibility. Persons eligible for an elk license shall be
determined under this section and commissioner's rule. A person is eligible for an elk license only
if the person:
(1) is a resident; and
(2) is at least age 16
before the season opens; and
(3) (2) has never been issued an
elk license.
Sec. 16. Minnesota Statutes 2006, section 97A.434,
subdivision 2, is amended to read:
Subd. 2. Eligibility. Eligibility for a prairie chicken license
shall be determined by this section and by rule adopted by the
commissioner. A person is eligible for
a prairie chicken license only if the person:
(1) is a resident; and
(2) was born before January
1, 1980, or possesses a firearms safety certificate.
Sec. 17. Minnesota Statutes 2007 Supplement, 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 resident who is an owner or tenant,
or a nonresident who is an owner, 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. 18. Minnesota Statutes 2007 Supplement, 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 must obtain a small game license but
may in order to take small game by firearms or bow and arrow without
a license paying the applicable fees under section 97A.475,
subdivisions 2, 4, and 5, 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;
(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
(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.
(d) A resident under age 12
may apply for a prairie chicken license and may take a prairie chicken without
a firearms safety certificate if the resident is accompanied by an adult parent
or guardian who has a firearms safety certificate.
Sec. 19. Minnesota Statutes 2006, section 97A.451,
subdivision 4, is amended to read:
Subd. 4. Persons
Residents under age 16; big game.
A person resident under the age of 16 may not obtain a
license to take big game unless the person possesses a firearms safety
certificate. A person under the age of
14 must be accompanied by a parent or guardian to hunt big game. by
firearms or bow and arrow if the resident obtains a license to take big game
and 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;
(3) age 13, 14, or 15,
possesses an apprentice hunter validation, and is accompanied by a parent or
guardian who possesses a big game license that was not obtained using an
apprentice hunter validation;
(4) age 12 and is
accompanied by a parent or guardian. A
resident age 12 or under is not required to possess a firearms safety
certificate under section 97B.020 to take big game; or
(5) age 10 or 11 and is
under the direct supervision of a parent or guardian where the parent is within
immediate reach and the youth obtains a license without paying the fee.
Sec. 20. Minnesota Statutes 2006, section 97A.451, is
amended by adding a subdivision to read:
Subd. 4a. Nonresidents under age
16; big game. (a) A
nonresident under age 16 may obtain a big game license at the applicable
resident fee under section 97A.475, subdivision 2, if the nonresident 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;
(3) age 12 and is
accompanied by a parent or guardian. A
nonresident age 12 or under is not required to possess a firearms safety
certificate under section 97B.020 to take big game; or
(4) age 10 or 11 and is
under the direct supervision of a parent or guardian where the parent is within
immediate reach.
Sec. 21. Minnesota Statutes 2007 Supplement, 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) for persons age 18 or
over to take turkey, $18 $23;
(4) for persons under age 18
to take turkey, $12;
(4) (5) for persons age 18 or over
to take deer with firearms, $26;
(5) (6) for persons age 18 or over
to take deer by archery, $26;
(6) (7) to take moose, for a party
of not more than six persons, $310;
(7) (8) to take bear, $38;
(8) (9) to take elk, for a party of
not more than two persons, $250;
(9) (10) multizone license to take
antlered deer in more than one zone, $52;
(10) (11) to take Canada geese during
a special season, $4;
(11) (12) all season license to take
three deer throughout the state in any open deer season, except as restricted
under section 97B.305, $78;
(12) (13) all-firearm season
license to take two deer throughout the state in any open firearms deer season,
except as restricted under section 97B.305, $52;
(14) to take prairie chickens,
$20;
(13) (15) for persons at least age 12
and under age 18 to take deer with firearms during the muzzle-loader season
or during the regular firearms season in any open zone or time period, $13;
and
(14) (16) for persons at least age 12
and under age 18 to take deer by archery, $13.
EFFECTIVE DATE. The amendments to clauses (3) and (4) are effective March 1,
2009.
Sec. 22. Minnesota Statutes 2007 Supplement, section
97A.475, subdivision 3, is amended to read:
Subd. 3. Nonresident
hunting. (a) 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, $135;
(4) to take bear, $195;
(5) for persons age 18
and older to take turkey, $73 $78;
(6) for persons under age 18
to take turkey, $12;
(6) (7) to take raccoon or bobcat,
$155;
(7) (8) multizone license to take
antlered deer in more than one zone, $270;
(8) (9) to take Canada geese during
a special season, $4;
(9) (10) for persons at least age 12
and under age 18 to take deer with firearms during the muzzle-loader season
or during the regular firearms season in any open zone or time period, $13;
and
(10) (11) for persons at least age 12
and under age 18 to take deer by archery, $13.
(b) A $5 surcharge shall be
added to nonresident hunting licenses issued under paragraph (a), clauses (1)
to (7) (5), (7), and (8).
An additional commission may not be assessed on this surcharge.
EFFECTIVE DATE. The amendments to paragraph (a), clauses (5) and (6), are
effective March 1, 2009.
Sec. 23. Minnesota Statutes 2006, section 97A.475,
subdivision 5, is amended to read:
Subd. 5. Hunting
stamps. Fees for the following
stamps and stamp validations are:
(1) migratory waterfowl
stamp, $7.50; and
(2) pheasant stamp, $7.50;
and
(3) turkey stamp validation,
$5.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec. 24. Minnesota Statutes 2007 Supplement, section
97A.475, subdivision 7, is amended to read:
Subd. 7. Nonresident
fishing. (a) Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take fish by angling,
$37.50;
(2) to take fish by angling
limited to seven consecutive days selected by the licensee, $26.50;
(3) to take fish by angling
for a 72-hour period selected by the licensee, $22;
(4) to take fish by angling
for a combined license for a family for one or both parents and dependent
children under the age of 16, $50.50;
(5) to take fish by angling
for a 24-hour period selected by the licensee, $8.50; and
(6) to take fish by angling
for a combined license for a married couple, limited to 14 consecutive days
selected by one of the licensees, $38.50.; and
(7) to take fish by spearing
from a dark house, $37.50.
(b) A $2 surcharge shall be
added to all nonresident fishing licenses, except licenses issued under paragraph
(a), clause (5). An additional
commission may not be assessed on this surcharge.
Sec. 25. Minnesota Statutes 2007 Supplement, section
97A.475, subdivision 12, is amended to read:
Subd. 12. Fish
houses or dark houses; nonresident.
Fees for fish house or dark house licenses for a nonresident are:
(1) annual, $33;
(2) seven consecutive days,
$19; and
(3) three-year, $99.
Sec. 26. Minnesota Statutes 2007 Supplement, section
97A.475, subdivision 16, is amended to read:
Subd. 16. Resident
bear hunting guides outfitters. (a) The fee for a resident bear hunting outfitter
license to guide bear hunters is $82.50 and is available only to a
Minnesota resident individual.
(b) The fee for a resident
master bear hunting outfitter license is $165.
The fee to add an additional person under the license is $82.50 per
person.
Sec. 27. Minnesota Statutes 2006, section 97A.485,
subdivision 6, is amended to read:
Subd. 6. Licenses
to be sold and issuing fees. (a)
Persons authorized to sell licenses under this section must issue the following
licenses for the license fee and the following issuing fees:
(1) to take deer or bear
with firearms and by archery, the issuing fee is $1;
(2) Minnesota sporting, the
issuing fee is $1; and
(3) to
take small game, to take fish by angling or by spearing, and to trap
fur-bearing animals, the issuing fee is $1;
(4) for a stamp validation
that is not issued simultaneously with a license, an issuing fee of 50
cents may be charged at the discretion of the authorized seller;
(5) for stamps
stamp validations issued simultaneously with a license, there is no fee;
(6) for licenses, seals,
tags, or coupons issued without a fee under section 97A.441 or 97A.465, an
issuing fee of 50 cents may be charged at the discretion of the authorized
seller;
(7) for lifetime licenses,
there is no fee; and
(8) for all other licenses,
permits, renewals, or applications or any other transaction through the
electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of 50 cents may be charged at the
discretion of the authorized seller.
(b) An issuing fee may
not be collected for issuance of a trout and salmon stamp if a stamp validation
is issued simultaneously with the related angling or sporting license. Only one issuing fee may be collected
when selling more than one trout and salmon stamp in the same
transaction after the end of the season for which the stamp was issued.
(c) The agent shall keep the
issuing fee as a commission for selling the licenses.
(d) The commissioner shall
collect the issuing fee on licenses sold by the commissioner.
(e) A license, except
stamps, must state the amount of the issuing fee and that the issuing fee is
kept by the seller as a commission for selling the licenses.
(f) For duplicate licenses,
including licenses issued without a fee, the issuing fees are:
(1) for licenses to take big
game, 75 cents; and
(2) for other licenses, 50
cents.
(g) The commissioner may
issue one-day angling licenses in books of ten licenses each to fishing guides
operating charter boats upon receipt of payment of all license fees, excluding
the issuing fee required under this section.
Copies of sold and unsold licenses shall be returned to the
commissioner. The commissioner shall
refund the charter boat captain for the license fees of all unsold
licenses. Copies of sold licenses shall
be maintained by the commissioner for one year.
Sec. 28. Minnesota Statutes 2006, section 97A.535,
subdivision 1, is amended to read:
Subdivision 1. Tags
required. (a) A person may not
possess or transport deer, bear, elk, or moose taken in the state unless a tag
is attached to the carcass in a manner prescribed by the commissioner. The commissioner must prescribe the type of
tag that has the license number of the owner, the year of its issue, and other
information prescribed by the commissioner.
(b) The tag and the
license must be validated at the site of the kill as prescribed by the
commissioner.
(c) Except as otherwise provided
in this section, the tag must be attached to the deer, bear, elk, or moose at
the site of the kill before the animal is removed from the site of the kill.
(d) The tag must remain
attached to the animal until the animal is processed for storage.
(e) A person may move a
lawfully taken deer, bear, elk, or moose from the site of the kill without
attaching the validated tag to the animal only while in the act of manually or
mechanically dragging, carrying, or carting the animal across the ground and while
possessing the validated tag on their person.
A motor vehicle may be used to drag the animal across the ground. At all other times, the validated tag must
be attached to the deer, bear, elk, or moose:
(1) as otherwise provided in
this section; and
(2) prior to the animal
being placed onto and transported on a motor vehicle, being hung from a tree or
other structure or device, or being brought into a camp or yard or other place
of habitation.
Sec. 29. Minnesota Statutes 2006, section 97B.015,
subdivision 5, is amended to read:
Subd. 5. Firearms
safety certificate. The
commissioner shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A person must be at least age 11 to take the
firearms safety course and may receive a firearms safety certificate, but the
certificate is not valid for hunting until the year the person reaches
age 12. A person who is age 11 and has
a firearms safety certificate may purchase a deer, bear, turkey, or prairie
chicken license to take big game that will become be valid
when for hunting during the entire regular season for which the
license is valid if the person reaches will reach age 12
during that calendar year. A
firearms safety certificate issued to a person under age 12 by another state as
provided in section 97B.020 is not valid for hunting in Minnesota until the
person reaches age 12. The form and
content of the firearms safety certificate shall be prescribed by the
commissioner.
Sec. 30. Minnesota Statutes 2007 Supplement, 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 .22 inches and with
centerfire ignition;
(2) the firearm is loaded
only with single projectile ammunition;
(3) a projectile used is a
caliber of at least .23 .22 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) (4) the muzzle-loader
muzzleloader used is incapable of being loaded at the breech;
(6) (5) the smooth-bore muzzle-loader
muzzleloader used is a caliber of at least .45 inches; and
(7) (6) the rifled muzzle-loader
muzzleloader 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,
a .50 A. E. (Action Express) handgun
cartridge, or a 56-46 Spencer, 56-50 Spencer, or 56-56 Spencer cartridge.
Sec. 31. Minnesota Statutes 2007 Supplement, section
97B.035, subdivision 1a, is amended to read:
Subd. 1a. Minimum
draw weight. A bow used to take big
game or turkey must have a pull that meets or exceeds 30 pounds at or
before full draw.
Sec. 32. Minnesota Statutes 2007 Supplement, section
97B.036, is amended to read:
97B.036 CROSSBOW HUNTING DURING FIREARMS DEER SEASON.
Notwithstanding section
97B.035, subdivisions 1 and 2, a person may take deer, bear, or turkey
by crossbow during the respective regular firearms deer season
seasons. The transportation
requirements of section 97B.051 apply to crossbows during the regular firearms
deer, bear, or turkey season.
Crossbows must meet the requirements of section 97B.106, subdivision
2. A person taking deer, bear, or
turkey by crossbow under this section must have a valid firearms deer
license to take the respective game.
Sec. 33. Minnesota Statutes 2006, section 97B.041, is
amended to read:
97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED IN DEER ZONES.
A person may not possess a
firearm or ammunition outdoors during the period beginning the fifth day before
the open firearms season and ending the second day after the close of the
season within an area where deer may be taken by a firearm, except:
(1) during the open season
and in an area where big game may be taken, a firearm and ammunition authorized
for taking big game in that area may be used to take big game in that area if
the person has a valid big game license in possession;
(2) an unloaded firearm that
is in a case or in a closed trunk of a motor vehicle;
(3) a shotgun and shells
containing No. 4 buckshot or smaller diameter lead shot or steel shot;
(4) a handgun or rifle and
only short, long, and long rifle cartridges that are caliber of .22 inches
capable of firing only rimfire cartridges of .17 and .22 caliber, including .22
magnum caliber cartridges;
(5) handguns possessed by a
person authorized to carry a handgun under sections 624.714 and 624.715 for the
purpose authorized; and
(6) on a target range
operated under a permit from the commissioner.
This section does not apply
during an open firearms season in an area where deer may be taken only by
muzzleloader, except that muzzleloading firearms lawful for the taking of deer
may be possessed only by persons with a valid license to take deer by
muzzleloader during that season.
EFFECTIVE DATE. This section is effective August 1, 2008.
Sec. 34. Minnesota Statutes 2006, section 97B.106,
subdivision 1, is amended to read:
Subdivision 1. Qualifications
for crossbow permits. (a) The
commissioner may issue a special permit, without a fee, to take big game, small
game, or rough fish with a crossbow to a person that is unable to hunt or take
rough fish by archery because of a permanent or temporary physical
disability. A crossbow permit issued
under this section also allows the permittee to use a bow with a mechanical
device that draws, releases, or holds the bow at full draw as provided in
section 97B.035, subdivision 1, paragraph (a).
(b) To qualify for a
crossbow permit under this section, a temporary disability must render the
person unable to hunt or fish by archery for a minimum of two years after
application for the permit is made. The
permanent or temporary disability must be established by medical evidence, and
the inability to hunt or fish by archery for the required period of time must
be verified in writing by a licensed physician or chiropractor. A person who has received a special
permit under this section because of a permanent disability is eligible for
subsequent special permits without providing medical evidence and verification
of the disability.
(c) The person must obtain
the appropriate license.
Sec. 35. Minnesota Statutes 2006, section 97B.211,
subdivision 1, is amended to read:
Subdivision 1. Possession
of firearms prohibited. Except
when hunting bear, A person may not take big game deer by
archery while in possession of a firearm.
Sec. 36. Minnesota Statutes 2006, section 97B.301,
subdivision 6, is amended to read:
Subd. 6. Residents
or nonresidents under age 18 may take deer of either sex. A resident or nonresident under the
age of 18 may take a deer of either sex except in those antlerless permit areas
and seasons where no antlerless permits are offered. In antlerless permit areas where no antlerless permits are
offered, the commissioner may provide a limited number of youth either sex
permits to residents or nonresidents under age 18, under the procedures
provided in section 97B.305, and may give preference to residents or
nonresidents under the age of 18 that have not previously been
selected. This subdivision does not authorize
the taking of an antlerless deer by another member of a party under subdivision
3.
Sec. 37. Minnesota Statutes 2006, section 97B.301, is
amended by adding a subdivision to read:
Subd. 8. All-firearm season deer
license. (a) A resident may
obtain an all-firearm season deer license that authorizes the resident to hunt
during the regular firearms and muzzle-loader seasons. The all-firearm season license is valid for
taking two deer, no more than one of which may be a legal buck.
(b) The all-firearm season
deer license is valid for taking antlerless deer as prescribed by the
commissioner.
(c) The commissioner shall
issue two tags when issuing a license under this subdivision.
Sec. 38. Minnesota Statutes 2007 Supplement, section
97B.328, is amended to read:
97B.328 BAITING PROHIBITED.
Subdivision 1. Hunting with aid of
bait or feed prohibited. (a)
A person may not hunt deer:
(1) with the aid or use of
bait or feed; or
(2) in the vicinity of bait or
feed if the person knows or has reason to know that bait or feed 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.
(b) This restriction does
not apply to:
Subd. 2. Removal of bait. An area is considered baited for ten days
after the complete removal of all bait or feed.
Subd. 3. Definition. For purposes of this section, "bait
or feed" includes grains, fruits, vegetables, nuts, hay, or other food
that is capable of attracting or enticing deer and that has been placed by a
person. Liquid scents, salt, minerals,
and bird feeders containing grains or nuts that are at least six feet above the
ground are not bait or feed.
(1) Food resulting from normal
or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities; or is not
bait or feed unless it has been placed by a person.
Subd. 4. Exception for bait or
feed on adjacent land. (2)
A person otherwise in compliance with this section who is hunting on the
person's own private or public property, when that is
adjacent to property where bait or feed is present is not in violation of this
section if the person has not participated in, been involved with, or
agreed to baiting or feeding wildlife on the adjacent land
owned by another person property.
Sec. 39. Minnesota Statutes 2006, section 97B.405, is
amended to read:
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
(a) The commissioner may limit
the number of persons that may hunt bear in an area, if it is necessary to
prevent an overharvest or improve the distribution of hunters. The commissioner may establish, by rule, a
method, including a drawing, to impartially select the hunters for an
area. The commissioner shall give
preference to hunters that have previously applied and have not been selected.
(b) In the case of a
drawing, the commissioner shall allow a person to apply for a permit in more
than one area at the same time and rank the person's choice of area. A person applying for a permit shall submit
the applicable license fee under section 97A.475 with the application. If a person is not selected for a bear
hunting permit, the person may elect to have the license fee refunded or held
and applied to a future license or permit.
Sec. 40. Minnesota Statutes 2006, section 97B.431, is
amended to read:
97B.431 BEAR HUNTING GUIDES OUTFITTERS.
(a) A person may not place bait
for bear, or guide hunters to take bear, for compensation without a bear
hunting guide outfitter license.
A bear hunting guide outfitter is not required to have a
license to take bear unless the guide outfitter is attempting to
shoot a bear. The commissioner shall
adopt rules for qualifications for issuance and administration of the licenses.
(b) The commissioner shall
establish a resident master bear hunting outfitter license under which one
person serves as the bear hunting outfitter and one other person is eligible to
guide and bait bear. Additional persons
may be added to the license and are eligible to guide and bait bear under the
license, provided the additional fee under section 97A.475, subdivision 16, is
paid for each person added. The
commissioner shall adopt rules for qualifications for issuance and
administration of the licenses.
Sec. 41. Minnesota Statutes 2006, section 97B.621,
subdivision 3, is amended to read:
Subd. 3. Nighttime
hunting restrictions. To take raccoons
between one-half hour after sunset and one-half hour before sunrise,
a person:
(1) must be on foot;
(2) may use an artificial
light only if hunting with dogs;
(3) may not use a rifle
other than one of a .22 inch caliber with .22 short, long, or long rifle,
rimfire ammunition may use a handgun or rifle capable of firing only
rimfire cartridges of .17 or .22 caliber, including .22 magnum; and
(4) may not use shotgun
shells with larger than No. 4 shot.
Sec. 42. Minnesota Statutes 2006, section 97B.711,
subdivision 1, is amended to read:
Subdivision 1. Seasons
for certain upland game birds. (a)
The commissioner may, by rule, prescribe an open season in designated areas
between September 16 and January 3 for:
(1) pheasant;
(2) ruffed grouse;
(3) sharp tailed grouse;
(4) Canada spruce grouse;
(5) prairie chicken;
(6) gray partridge;
(7) bob-white quail; and
(8) turkey.
(b) The commissioner may by
rule prescribe an open season for turkey in the spring.
(c) The commissioner shall
allow a four-week season for turkey in the fall for the area designated as
turkey permit area 601 as of the 2008 season.
All applicable local and state regulations apply.
Sec. 43. Minnesota Statutes 2006, section 97B.721, is
amended to read:
97B.721 LICENSE AND STAMP VALIDATION REQUIRED TO TAKE TURKEY;
TAGGING AND REGISTRATION REQUIREMENTS.
(a) Except as provided in
paragraph (b) or section 97A.405, subdivision 2, a person may not take a turkey
without possessing a turkey license and a turkey stamp validation.
(b) The requirement in
paragraph (a) to have a turkey stamp validation does not apply to persons under
age 18. An unlicensed adult age 18
or older may assist a licensed wild turkey hunter. The unlicensed adult may not shoot or possess a firearm or bow
while assisting a hunter under this paragraph and may not charge a fee for the
assistance.
(c) The commissioner may by
rule prescribe requirements for the tagging and registration of turkeys.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec. 44. Minnesota Statutes 2006, section 97C.001,
subdivision 3, is amended to read:
Subd. 3. Seasons,
limits, and other requirements. The
commissioner may, in accordance with the procedures in subdivision 2 or by rule
under chapter 14, establish open seasons, limits, methods, and other
requirements for taking fish on experimental waters. Notwithstanding the limits on seasons in section 97C.395,
subdivision 1, the commissioner may extend the end of a season for up to two
weeks to take a fish species in an experimental water when the harvest level
for the species in that season is less than the harvest goal of the
experimental regulations.
Sec. 45. Minnesota Statutes 2006, section 97C.005,
subdivision 3, is amended to read:
Subd. 3. Seasons,
limits, and other rules. The
commissioner may, in accordance with the procedures in subdivision 2,
paragraphs (c) and (e), or by rule under chapter 14, establish open seasons,
limits, methods, and other requirements for taking fish on special management
waters. Notwithstanding the limits
on seasons in section 97C.395, subdivision 1, the commissioner may extend the
end of a season for up to two weeks to take a fish species in a special
management water when the harvest level for the species in that season is less than
the harvest goal of the special management regulations.
Sec. 46. Minnesota Statutes 2006, section 97C.205, is
amended to read:
97C.205 TRANSPORTING AND STOCKING FISH.
(a) Except on the water body
where taken, a person may not transport a live fish in a quantity of water
sufficient to keep the fish alive, unless the fish:
(1) is being transported
under an aquaculture license as authorized under sections 17.4985 and 17.4986;
(2) is being transported for
a fishing contest weigh-in under section 97C.081;
(3) is a minnow being
transported under section 97C.505 or 97C.515;
(4) is being transported by
a commercial fishing license holder under section 97C.821; or
(5) is being transported as
otherwise authorized in this section.
(b) The commissioner may
adopt rules to allow and regulate:
(1) the transportation of
fish and fish eggs; and
(2) the stocking of waters
with fish or fish eggs.
(c) The commissioner must
allow the possession of fish on special management or experimental waters to be
prepared as a meal on the ice or on the shore of that water body if the fish:
(1) were lawfully taken;
(2) have been packaged by a
licensed fish packer; and
(3) do not otherwise exceed
the daily possession limits.
(c) (d) The commissioner
shall prescribe rules designed to encourage local sporting organizations to
propagate game fish by using rearing ponds.
The rules must:
(1) prescribe methods to
acquire brood stock for the ponds by seining public waters;
(2) allow the sporting
organizations to own and use seines and other necessary equipment; and
(3) prescribe methods for
stocking the fish in public waters that give priority to the needs of the
community where the fish are reared and the desires of the organization
operating the rearing pond.
(d) (e) A person age 16
or under may, for purposes of display in a home aquarium, transport largemouth
bass, smallmouth bass, yellow perch, rock bass, black crappie, white crappie,
bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
and brown bullheads taken by angling.
No more than four of each species may be transported at any one time,
and any individual fish can be no longer than ten inches in total length.
Sec. 47. [97C.303]
CONSERVATION ANGLING LICENSE.
Subdivision 1. Availability. The commissioner shall make available a
conservation angling license according to this section. Conservation angling licenses shall be
offered for resident individuals and resident married couples.
Subd. 2. Daily and possession
limits. Daily and possession
limits for fish taken under a conservation angling license are one-half the
daily and possession limits for the corresponding fish taken under a standard
angling license, rounded down to the next whole number if necessary.
Subd. 3. License fee. The fee for a conservation angling
license issued under this section is two-thirds of the corresponding standard
angling license fee under section 97A.475, subdivision 6, rounded to the
nearest whole dollar.
Sec. 48. Minnesota Statutes 2006, section 97C.315,
subdivision 1, is amended to read:
Subdivision 1. Lines. An angler may not use more than one line
except two lines may be used to take fish:
(1) two lines may be used to
take fish through the ice; and (1) through the ice; or
(2) the commissioner may, by
rule, authorize the use of two lines in areas designated by the commissioner in
Lake Superior
(2) if the angler purchases a second line endorsement for $5.
Sec. 49. Minnesota Statutes 2007 Supplement, section
97C.355, subdivision 2, is amended to read:
Subd. 2. License
required. A person may not take
fish from leave a dark house or fish house that is left
unattended on the ice overnight at any time between midnight and one
hour before sunrise unless the house is licensed and has a license tag
attached to the exterior in a readily visible location, except as provided in
this subdivision. The commissioner must
issue a tag with a dark house or fish house license, marked with a number to
correspond with the license and the year of issue. A dark house or fish house license is not required of a resident
on boundary waters where the adjacent state does not charge a fee for the same
activity.
Sec. 50. Minnesota Statutes 2006, section 97C.355,
subdivision 4, is amended to read:
Subd. 4. Distance
between houses. A person may not
erect a dark house or, fish house, or shelter within ten
feet of an existing dark house or, fish house, or shelter.
Sec. 51. Minnesota Statutes 2006, section 97C.355,
subdivision 7, is amended to read:
Subd. 7. Dates
and times houses may remain on ice.
(a) Except as provided in paragraph (d), A shelter, including a
fish house or dark house, may not be on the ice unattended between 12:00
a.m. midnight and one hour before sunrise after the following
dates:
(1) the last day of
February first Monday in March, for state waters south of a line
starting at the Minnesota-North Dakota border and formed by rights-of-way of
U.S. Route No. 10, then east along U.S. Route No. 10 to Trunk Highway No.
34, then east along Trunk Highway No. 34 to Trunk Highway No. 200, then east
along Trunk Highway No. 200 to U.S. Route No. 2, then east along U.S. Route No.
2 to the Minnesota-Wisconsin border; and
(2) the third Monday in
March 15, for other state waters.
A shelter, including a fish
house or dark house, on the ice in violation of this subdivision is subject to
the enforcement provisions of paragraph (b).
The commissioner may, by rule, change the dates in this paragraph for
any part of state waters. Copies of the
rule must be conspicuously posted on the shores of the waters as prescribed by
the commissioner.
(b) A conservation officer
must confiscate a fish house, dark house, or shelter in violation of paragraph
(a). The officer may remove, burn, or
destroy the house or shelter. The
officer shall seize the contents of the house or shelter and hold them for 60
days. If the seized articles have not
been claimed by the owner, they may be retained for the use of the division or
sold at the highest price obtainable in a manner prescribed by the
commissioner.
(c) When the last day of
February, under paragraph (a), clause (1), or March 15, under paragraph (a),
clause (2), falls on a Saturday, a shelter, including a fish house or dark
house, may be on the ice between 12:00 a.m. and one hour before sunrise until
12:00 a.m. the following Monday.
(d) A person may have a
shelter, including a fish house or dark house, on the ice between 12:00 a.m.
and one hour before sunrise on waters within the area prescribed in paragraph
(a), clause (2), but the house or shelter may not be unattended during those
hours.
Sec. 52. Minnesota Statutes 2006, section 97C.355,
subdivision 7a, is amended to read:
Subd. 7a. Houses
left overnight. A fish house or,
dark house, or shelter left on the ice overnight must be marked with
reflective material on each side of the house structure. The reflective material must measure a total
area of no less than two square inches on each side of the house
structure. Violation of this
subdivision is not subject to subdivision 8 or section 97A.301.
Sec. 53. Minnesota Statutes 2007 Supplement, 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.
(c) This subdivision also
applies to structures left on state public access sites for more than 48 hours
past the deadlines specified in subdivision 7.
Sec. 54. Minnesota Statutes 2006, section 97C.371,
subdivision 4, is amended to read:
Subd. 4. Open
season. The open season for
spearing through the ice is December 1 November 15 to the last
second Sunday in February March.
Sec. 55. Minnesota Statutes 2006, section 97C.371, is
amended by adding a subdivision to read:
Subd. 5. Nonresidents. Nonresidents may spear from a fish house
or dark house.
Sec. 56. Minnesota Statutes 2006, section 97C.395,
subdivision 1, is amended to read:
Subdivision 1. Dates
for certain species. (a) The open
seasons to take fish by angling are as follows:
(1) for walleye, sauger,
northern pike, muskellunge, largemouth bass, and smallmouth bass, the Saturday
two weeks prior to the Saturday of Memorial Day weekend to the last Sunday in
February;
(2) for lake trout, from
January 1 to October 31;
(3) for the winter season
for lake trout on all lakes and streams, from January 15 to March 31;
(4) for brown trout, brook
trout, rainbow trout, and splake, between January 1 to October 31 as prescribed
by the commissioner by rule except as provided in section 97C.415, subdivision
2; and
(4) (5) for salmon, as prescribed
by the commissioner by rule.
(b) The commissioner shall
close the season in areas of the state where fish are spawning and closing the
season will protect the resource.
Sec. 57. Minnesota Statutes 2006, section 97C.401,
subdivision 2, is amended to read:
Subd. 2. Walleye;
northern pike. (a) Except as
provided in paragraph (b), a person may take have no more than
one walleye larger than 20 inches and one northern pike larger than 30 inches daily
in possession.
(b) The restrictions in
paragraph (a) do not apply to boundary waters.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec. 58. Minnesota Statutes 2006, section 97C.865,
subdivision 2, is amended to read:
Subd. 2. Rules. The commissioner may adopt rules
establishing requirements for labeling and packing fish under a fish packer's
license. The commissioner shall
require only the license number of the fish packer, the name and license number
of the angler or person who lawfully possesses the fish, the name of the lake
on which the fish were caught, the species of fish, and the number of fish to
appear on a label. The commissioner
must not allow sauger to be labeled as walleye.
Sec. 59. UNCASED
FIREARMS REPORT.
(a) The commissioner of
natural resources shall submit a report to the legislature by January 1, 2009,
on uncased firearms that answers the questions listed below.
(1) How many other states
have laws like Minnesota's governing uncased firearms?
(2) Are there any studies
that prove that uncased firearms laws like Minnesota's reduce firearm-related
accidents?
(3) Is there evidence that
more accidents occur loading and unloading firearms and putting firearms in and
out of cases than would occur if the firearms were not required to be cased?
(4) Are there any studies to
prove that having a cased gun law reduces other criminal violations? For
example, there are thousands of tickets written for uncased guns every year; is
this the activity the state is trying to stop or is the state trying to reduce
other crimes? Is there any proof that by issuing tickets Minnesota is stopping
other crimes?
(5) If the state cannot
verify that it is reducing accidents or reducing other criminal violations by
writing uncased gun tickets, why is the state writing them?
(6) If the state is reducing
other wildlife crimes such as shooting from the roadway, how is it doing this?
(b) The report must comply
with Minnesota Statutes, sections 3.195 and 3.197, and be submitted to the
chairs of the house and senate committees with jurisdiction over the
environment and natural resources. The
commissioner may include additional information that the commissioner feels is
important to this issue.
Sec. 60. 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 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. 61. BEAR
HUNTING PERMIT DRAWING; RULEMAKING.
The commissioner of natural
resources shall adopt rules to comply with the changes made to Minnesota
Statutes, section 97B.405. The
commissioner may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 14.386, does not
apply except as provided in Minnesota Statutes, section 14.388.
Sec. 62. NONRESIDENT
SPEAR FISHING; RULEMAKING.
The commissioner of natural
resources shall adopt rules, including amending Minnesota Rules, part
6262.0600, to allow taking fish by spear by nonresidents. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to adopt the rules. Minnesota Statutes,
section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
Sec. 63. WILD
TURKEY HUNTING MANAGEMENT RECOMMENDATIONS.
The commissioner of natural
resources, in consultation with the National Wild Turkey Federation, shall, by
January 15, 2009, provide the legislature with recommendations for future
management of hunting wild turkeys in Minnesota.
Sec. 64. WALLEYE
STOCKING ON LEECH LAKE.
While continuing to study
the effects of cormorant control on Leech Lake and the lack of natural
reproduction of the walleye, the commissioner of natural resources shall stock
Leech Lake with 25,000,000 walleye fry in calendar year 2009 and with
25,000,000 walleye fry in calendar year 2010 unless the commissioner can show evidence
that the stocking is harmful to the lake's natural walleye population or that
the fishery has fully recovered.
Sec. 65. RULES.
The commissioner of natural
resources shall adopt rules in compliance with the changes to Minnesota
Statutes, sections 97C.205 and 97C.865, subdivision 2. The rules required by this section are
exempt from the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject to Minnesota Statutes,
section 14.386, except that notwithstanding Minnesota Statutes, section 14.386,
paragraph (b), the rules continue in effect until repealed or superseded by
other law or rule. As part of this
rulemaking, the commissioner shall:
(1) amend Minnesota Rules,
part 6262.3250, by deleting item A and amending the part so that labels
required under item D are consistent with the new requirements in Minnesota
Statutes, section 97C.865, subdivision 2; and
(2) amend Minnesota Rules,
part 6262.0100, to allow the possession of fish on special management or
experimental waters for a meal, as provided in Minnesota Statutes, section
97C.205.
Sec. 66. APPROPRIATION.
$102,000 in fiscal year 2009
is appropriated from the game and fish fund to the commissioner of natural
resources for the development of aquaculture best management practices. The base in fiscal year 2010 is $150,000. The base for fiscal year 2011 is $0.
Sec. 67. REPEALER.
Minnesota Statutes 2006,
section 97A.411, subdivision 2, and Minnesota Rules, parts 6232.0200, subpart
4; 6232.0300, subpart 4; and 6234.0100, subpart 4, are repealed.
ARTICLE 3
OUTDOOR HERITAGE
Section 1. Minnesota Statutes 2007 Supplement, section
10A.01, subdivision 35, is amended to read:
Subd. 35. Public
official. "Public
official" means any:
(1) member of the
legislature;
(2) individual employed by
the legislature as secretary of the senate, legislative auditor, chief clerk of
the house, revisor of statutes, or researcher, legislative analyst, or attorney
in the Office of Senate Counsel and Research or House Research;
(3) constitutional officer
in the executive branch and the officer's chief administrative deputy;
(4) solicitor general or
deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy
commissioner, or assistant commissioner of any state department or agency as
listed in section 15.01 or 15.06, or the state chief information officer;
(6) member, chief
administrative officer, or deputy chief administrative officer of a state board
or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter
14;
(7) individual employed in
the executive branch who is authorized to adopt, amend, or repeal rules under
chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of
the State Board of Investment;
(9) deputy of any official
listed in clauses (7) and (8);
(10) judge of the Workers'
Compensation Court of Appeals;
(11) administrative law
judge or compensation judge in the State Office of Administrative Hearings or
referee in the Department of Employment and Economic Development;
(12) member, regional
administrator, division director, general counsel, or operations manager of the
Metropolitan Council;
(13) member or chief administrator
of a metropolitan agency;
(14) director of the
Division of Alcohol and Gambling Enforcement in the Department of Public
Safety;
(15) member or executive
director of the Higher Education Facilities Authority;
(16) member of the board of
directors or president of Minnesota Technology, Inc.;
(17) member of the board of
directors or executive director of the Minnesota State High School League;
(18) member of the Minnesota
Ballpark Authority established in section 473.755;
(19) citizen member of the
Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed
district, or member of a watershed management organization as defined under
section 103B.205, subdivision 13; or
(21) supervisor of a soil
and water conservation district; or
(22) citizen member of the
Outdoor Heritage Council established in section 97A.056.
Sec. 2. [97A.056]
OUTDOOR HERITAGE FUND; OUTDOOR HERITAGE COUNCIL.
Subdivision 1. Outdoor heritage fund. An outdoor heritage fund, under article
XI, section 15, of the Minnesota Constitution, is established as an account in
the state treasury. All money earned by
the outdoor heritage fund must be credited to the fund. At least 99 and one-half percent of the
money appropriated from the fund must be expended to restore, protect, and
enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.
Subd. 2. Outdoor Heritage
Council. (a) The Outdoor
Heritage Council of 12 members is created in the legislative branch, consisting
of:
(1) four public members
appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration;
(2) four public members
appointed by the speaker of the house; and
(3) four public members
appointed by the governor.
(b) Members appointed under
paragraph (a) must not be registered lobbyists and must not have a personal or
organizational conflict of interest, as provided in subdivision 4. In making appointments, the governor, senate
Subcommittee on Committees of the Committee on Rules and Administration, and
the speaker of the house shall attempt to provide for geographic balance. The governor's appointments to the council
are subject to the advice and consent of the senate.
(c) Members appointed under
paragraph (a) shall have experience or expertise in the science, policy, or
practice of restoring, protecting, and enhancing wetlands, prairies, forests,
and habitat for fish, game, and wildlife.
(d) Public members serve
four-year terms and shall be initially appointed according to the following
schedule of terms:
(1) two members appointed by
the governor for a term ending the first Monday in January 2011;
(2) two members appointed by
the senate Subcommittee on Committees of the Committee on Rules and
Administration for a term ending the first Monday in January 2011;
(3) two members appointed by
the speaker of the house for a term ending the first Monday in January 2011;
(4) two members appointed by
the governor for a term ending the first Monday in January 2013;
(5) two members appointed by
the senate Subcommittee on Committees of the Committee on Rules and
Administration for a term ending the first Monday in January 2013; and
(6) two members appointed by
the speaker of the house for a term ending the first Monday in January 2013.
(e) Compensation and removal
of council members are as provided in section 15.059, subdivisions 3 and
4. A vacancy on the council may be
filled by the appointing authority for the remainder of the unexpired term.
(f) The first meeting of the
council shall be convened by the chair of the Legislative Coordinating
Commission. Members shall elect a
chair, vice chair, secretary, and other officers as determined by the
council. The chair may convene meetings
as necessary to conduct the duties prescribed by this section.
(g) The Department of
Natural Resources shall provide administrative support for the council. Up to one-half of one percent of the money
appropriated from the fund may be used to cover the staffing and related
administrative expenses of the department, and to cover the compensation and
travel expenses of council members.
Subd. 3. Council
recommendations. (a) The
council shall make recommendations to the legislature on appropriations of
money from the outdoor heritage fund that are consistent with the Constitution
and state law, and that best achieve the land and aquatic habitat outcomes of
the Minnesota Conservation and Preservation Plan. The council shall submit its initial recommendations to the
legislature no later than April 1, 2009.
Subsequent recommendations shall be submitted no later than January 15
each year.
(b) The council shall work
with the Clean Water Council to identify projects that are consistent with both
the purpose of the outdoor heritage fund and the purpose of the clean water
fund.
(c) The council may make
recommendations to the Legislative-Citizen Commission of Minnesota Resources on
scientific research that will assist in restoring, protecting, and enhancing
wetlands, prairies, forests, and habitat for fish, game, and wildlife.
(d) Recommendations of the
council, including approval of recommendations for the outdoor heritage fund,
require an affirmative vote of at least seven members of the council.
Subd. 4. Conflict of interest. (a) A council member may not advocate for
or against a council action or vote on any action that may be a conflict of
interest. A conflict of interest must
be disclosed as soon as it is discovered.
The council shall follow the policies and requirements related to
conflicts of interest developed by the Office of Grants Management under
section 16B.98.
(b) For the purposes of this
section, a "conflict of interest" exists when a person has an
organizational conflict of interest or direct financial interests and those
interests present the appearance that it will be difficult for the person
to impartially fulfill the person's duty.
An "organizational conflict of interest" exists when a person
has had an affiliation within the past three years, which presents the
appearance of a conflict between organizational interests and council member
duties, with an organization within the previous three years of council
activity that involves the organization.
Subd. 5. Open meetings. Meetings of the council and other groups
the council may establish are subject to chapter 13D. Except where prohibited by law, the council shall establish
additional processes to broaden public involvement in all aspects of its
deliberations, including recording meetings, video conferencing, and publishing
minutes. For the purposes of this
subdivision, a meeting occurs when a quorum is present and the members receive
information on, discuss, or take action on any matter relating to the duties of
the council. Enforcement of this
subdivision shall be governed by section 13D.06, subdivisions 1 and 2. The quorum requirement for the council shall
be seven members.
Subd. 6. Audit. The legislative auditor shall audit
outdoor heritage fund expenditures every two years to ensure that the money is
spent for the purposes for which the money was appropriated.
Subd. 7. Sunset. This section expires January 15, 2015.
Sec. 3. EFFECTIVE
DATE.
This article is effective
January 15, 2009, if the constitutional amendment proposed in Laws 2008,
chapter 151, is adopted by the voters."
Delete the title and insert:
"A bill for an act
relating to natural resources; modifying Minnesota critical habitat private
sector matching account; modifying certain enforcement authority; modifying
timber permit provisions; providing for expedited exchanges of public land;
modifying outdoor recreation system; adding to and deleting from state parks,
recreation areas, and forests; modifying authority to convey private easements
on tax-forfeited land; providing for public and private sales, conveyances, and
exchanges of certain state land; authorizing 30-year leases of tax-forfeited
and other state lands for wind energy projects; modifying aquatic farm and
invasive species provisions; authorizing certain fees; modifying horse pass
requirements; modifying report requirements for game and fish fund; modifying
disposition of pheasant habitat improvement account; modifying wild turkey
management account; modifying hunting and fishing licensing and taking
provisions; requiring reports; providing for rulemaking; establishing an
Outdoor Heritage Council; appropriating money; amending Minnesota Statutes
2006, sections 17.4981; 84.027, subdivision 15; 84.943, subdivision 5; 84D.10,
subdivision 2; 84D.13, subdivision 4; 85.46, subdivision 1; 86A.04; 86A.08,
subdivision 1; 90.151, subdivision 1; 97A.015, by adding a subdivision;
97A.055, subdivision 4b; 97A.075, subdivisions 4, 5; 97A.311, subdivision 5;
97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434, subdivision 2;
97A.451, subdivision 4, by adding a subdivision; 97A.475, subdivision 5;
97A.485, subdivision 6; 97A.535, subdivision 1; 97B.015, subdivision 5;
97B.041; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.301, subdivision
6, by adding a subdivision; 97B.405; 97B.431; 97B.621, subdivision 3; 97B.711,
subdivision 1;
97B.721; 97C.001,
subdivision 3; 97C.005, subdivision 3; 97C.205; 97C.315, subdivision 1;
97C.355, subdivisions 4, 7, 7a; 97C.371, subdivision 4, by adding a
subdivision; 97C.395, subdivision 1; 97C.401, subdivision 2; 97C.865,
subdivision 2; 282.04, subdivision 4a; Minnesota Statutes 2007 Supplement,
sections 10A.01, subdivision 35; 17.4984, subdivision 1; 97A.055, subdivision
4; 97A.405, subdivision 2; 97A.441, subdivision 7; 97A.451, subdivision 3;
97A.475, subdivisions 2, 3, 7, 12, 16; 97B.031, subdivision 1; 97B.035,
subdivision 1a; 97B.036; 97B.328; 97C.355, subdivisions 2, 8; Laws 2006,
chapter 236, article 1, section 43; proposing coding for new law in Minnesota
Statutes, chapters 84B; 94; 97A; 97C; repealing Minnesota Statutes 2006,
section 97A.411, subdivision 2; Minnesota Rules, parts 6232.0200, subpart 4;
6232.0300, subpart 4; 6234.0100, subpart 4."
The motion prevailed and the amendment was adopted.
Slawik was excused between the hours of 12:55 p.m. and 1:50
p.m.
Anzelc
and Solberg moved to amend S. F. No. 2651, the fourth engrossment, as amended,
as follows:
Page
39, after line 27, insert:
"Sec.
57. EASEMENT ON TAX-FORFEITED LAND; ITASCA COUNTY.
Notwithstanding
Minnesota Statutes, section 282.04, or other law to the contrary, Itasca County
may grant a 40‑year easement of tax-forfeited land to the Itasca County
Regional Rail Authority for a rail line right-of-way. The easement may be canceled only by resolution of the county
board after reasonable notice for any substantial breach of the terms of the
easement. The land subject to the
easement may not be sold or otherwise conveyed by the county board during the
period of the easement."
Renumber
the sections in sequence and correct the internal references
Amend
the title accordingly
The motion prevailed and the amendment was adopted.
Hackbarth moved to amend S.
F. No. 2651, the fourth engrossment, as amended, as follows:
Page 52, delete sections 24
and 25
Page 64, delete section 55
Page 66, delete section 62
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 Hackbarth amendment and the roll
was called. There were 47 yeas and 86
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Hackbarth moved to amend S.
F. No. 2651, the fourth engrossment, as amended, as follows:
Page 40, after line 16,
insert:
"Sec. 2. Minnesota Statutes 2006, section 17.4982, is
amended by adding a subdivision to read:
Subd. 14a. Import. "Import" or
"importation" means bringing aquatic life or causing aquatic life to
be brought into the state from an original source outside of this state or from
a body of water contained wholly or partially within Grand Portage or Red Lake
Reservation."
Page 62, after line 17,
insert:
"Sec. 49. Minnesota Statutes 2006, section 97C.341, is
amended to read:
97C.341 CERTAIN FISH AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A person may not use live
minnows imported from outside of the state, game fish, goldfish, or carp for
bait.
(b) A person may not import
or possess live, frozen, or processed bait from known waters where viral
hemorrhagic septicemia has been identified as being present. For purposes of this paragraph,
"bait" includes fish, aquatic worms, amphibians, invertebrates, and
insects used for angling. For the
purposes of this paragraph, "import" has the meaning given in section
17.4982, subdivision 14a."
Page 65, after line 1,
insert:
"Sec. 58. Minnesota Statutes 2006, section 97C.515,
subdivision 4, is amended to read:
Subd. 4. Private
fish hatchery or aquatic farm. (a)
A person with a private fish hatchery or aquatic farm license may transport
minnows with a transportation permit from contiguous states to the
private fish hatchery or aquatic farm, provided the minnows are used for
processing or feeding hatchery fish.
(b) The commissioner may
require inspection of minnows and disease certification for species on the
official list of viral hemorrhagic septicemia susceptible species published by
the United States Department of Agriculture, Animal and Plant Health Inspection
Services, that are being transported from outside the state or from
waters partially or wholly contained within the boundary of Grand Portage or
Red Lake Reservation.
(c) The commissioner may
approve the import of minnows into areas or waters where certifiable diseases
have been identified as being present.
Sec. 59. Minnesota Statutes 2006, section 97C.821, is
amended to read:
97C.821 POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL FISH.
Subject to the applicable
provisions of the game and fish laws, fish taken under commercial fishing
licenses may be possessed in any quantity, bought, sold, and transported at any
time. Commercial fishing licensees may
transport their catch live to holding facilities, if the licensee has exclusive
control of the facilities. Commercial
fishing licensees may harvest fish from their holding facilities at any time with
their licensed gear. The commissioner
may prohibit the transport of live fish taken under a commercial fishing
license from waters that contain nonnative species, are designated as
infested waters, are infected with any certifiable disease, or are from waters
partially or wholly contained within the boundary of Grand Portage or Red Lake
Reservation."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Hackbarth moved to amend S.
F. No. 2651, the fourth engrossment, as amended, as follows:
Page 65, after line 8,
insert:
"Sec. 59. Minnesota Statutes 2006, section 624.20,
subdivision 1, is amended to read:
Subdivision 1. Regulation. (a) As used in sections 624.20 to 624.25, the
term "fireworks" means any substance or combination of substances or
article prepared for the purpose of producing a visible or an audible effect by
combustion, explosion, deflagration, or detonation, and includes blank
cartridges, toy cannons, and toy canes in which explosives are used, the type
of balloons which require fire underneath to propel them, firecrackers,
torpedoes, skyrockets, Roman
candles, daygo bombs, sparklers other than those specified in paragraph (c), or
other fireworks of like construction, and any fireworks containing any
explosive or inflammable compound, or any tablets or other device containing
any explosive substance and commonly used as fireworks.
(b) The term
"fireworks" shall not include toy pistols, toy guns, in which paper
caps containing 25/100 grains or less of explosive compound are used and toy
pistol caps which contain less than 20/100 grains of explosive mixture.
(c) The term also does not
include wire or wood sparklers of not more than 100 grams of mixture per item,
other sparkling items which are nonexplosive and nonaerial and contain 75 grams
or less of chemical mixture per tube or a total of 200 500 grams
or less for multiple tubes, snakes and glow worms, smoke devices, or trick
noisemakers which include paper streamers, party poppers, string poppers,
snappers, and drop pops, each consisting of not more than twenty-five
hundredths grains of explosive mixture.
The use of items listed in this paragraph is not permitted on public
property. This paragraph does not
authorize the purchase of items listed in it by persons younger than 18 years
of age. The age of a purchaser of items
listed in this paragraph must be verified by photographic identification.
(d) A local unit of
government may impose an annual license fee for the retail sale of items
authorized under paragraph (c). The
annual license fee of each retail seller that is in the business of selling
only the items authorized under paragraph (c) may not exceed $350, and the
annual license of each other retail seller may not exceed $100. A local unit of government may not:
(1) impose any fee or
charge, other than the fee authorized by this paragraph, on the retail sale of
items authorized under paragraph (c);
(2) prohibit or restrict the
display of items for permanent or temporary retail sale authorized under
paragraph (c) that comply with National Fire Protection Association Standard 1124
(2003 edition); or
(3) impose on a retail
seller any financial guarantee requirements, including bonding or insurance
provisions, containing restrictions or conditions not imposed on the same basis
on all other business licensees.
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.
Abeler moved to amend S. F.
No. 2651, the fourth engrossment, as amended, as follows:
Page 67, after line 6,
insert:
"Sec. 66. MISSISSIPPI
RIVER SLOT LIMITS.
The Department of Natural
Resources must not adopt rules regarding slot limits on the Mississippi River
between the Crow River and Coon Rapids Dam without legislative authorization."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Erickson moved to amend S.
F. No. 2651, the fourth engrossment, as amended, as follows:
Page 46, after line 22,
insert:
"Sec. 12. [97A.162]
MEETINGS SUBJECT TO OPEN MEETING LAW.
Meetings between the
Department of Natural Resources, the eight Ojibwe tribes, and the Great Lakes
Indian Fish and Wildlife Commission regarding 1837 treaty rights shall be open
to the public and subject to the open meeting provisions under chapter 13D."
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 Erickson amendment and the roll
was called. There were 50 yeas and 83
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Doty
Drazkowski
Eastlund
Emmer
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Kranz
Lanning
Magnus
McFarlane
Nornes
Olson
Ozment
Peppin
Peterson, N.
Rukavina
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Solberg
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Eken
Erhardt
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Heidgerken moved to amend S.
F. No. 2651, the fourth engrossment, as amended, as follows:
Page 67, after line 6,
insert:
"Sec. 66. DISABLED
HUNTING; RULES.
By January 1, 2010, the
commissioner of natural resources shall consider amending Minnesota Rules in
order to simplify the process for obtaining disabled hunting permits and for
landowners to allow hunts on their land for the disabled. By January 1, 2009, the commissioner shall
report to the chairs of the senate and house committees with jurisdiction over
natural resources on any statutory changes needed in order to achieve the
simplification. The commissioner shall
work with nonprofit groups and other interested parties in simplifying the
process."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Hoppe moved to amend S. F.
No. 2651, the fourth engrossment, as amended, as follows:
Page 62, delete section 48
and insert:
"Sec. 48. Minnesota Statutes 2006, section 97C.315,
subdivision 1, is amended to read:
Subdivision 1. Lines. An angler may not use more than
one line except:
(1) two lines may be used
to take fish through the ice; and
(2) the commissioner may, by
rule, authorize the use of two lines in areas designated by the commissioner in
Lake Superior."
The motion did not prevail and the amendment was not adopted.
Brod moved to amend S. F.
No. 2651, the fourth engrossment, as amended, as follows:
Page 68, delete section 2
and insert:
"Sec. 2. [97A.056]
OUTDOOR HERITAGE FUND AND OFFICE; LESSARD-HERITAGE ENHANCEMENT COUNCIL.
Subdivision 1. Outdoor heritage fund. (a) The outdoor heritage fund is
established in the Minnesota Constitution, article XI, section 15. All money earned by the outdoor heritage
fund must be credited to the fund. At
least 97 percent of the money appropriated from the fund must be spent on
specific fish, wildlife, habitat, and land conservation projects.
(b) A conservation partners
account is created within the outdoor heritage fund. From the receipts deposited in the fund under the Minnesota
Constitution, article XI, section 15, 20 percent each year must be credited to
the conservation partners account and is appropriated to the commissioner of
outdoor heritage to be spent only for matching grants of up to $250,000 to
local sporting and wildlife conservation clubs for the improvement of fish,
game, and wildlife habitat conservation.
(c) A forest fragmentation
and consolidation account is created within the outdoor heritage fund. From the receipts deposited in the fund
under the Minnesota Constitution, article XI, section 15, 20 percent each
fiscal year must be credited to the forest fragmentation and consolidation
account and is appropriated to the commissioner of outdoor heritage to be spent
only for the acquisition of permanent easements on private forest land or for
the acquisition of land for forest consolidation. The conservation easements must guarantee public access,
including, but not limited to, hunting and fishing access.
(d) From the receipts
deposited in the fund under the Minnesota Constitution, article XI, section 15,
60 percent each fiscal year is appropriated to the commissioner of outdoor
heritage to be spent on specific fish, wildlife, habitat, and land conservation
projects.
Subd. 2. The office of the
commissioner of outdoor heritage.
The office of the commissioner of outdoor heritage is created as an
agency in the executive branch of state government. The governor shall appoint the commissioner of outdoor heritage
under section 15.06. The commissioner
may appoint a deputy commissioner. All
expenses of the commissioner, including the payment of staff and other
assistance as may be necessary, must be paid out of the outdoor heritage fund.
Subd. 3. Lessard-Heritage
Enhancement Council. There is
hereby created the Lessard-Heritage Enhancement Council, consisting of 13
members, five of whom are state senators appointed by the Subcommittee on
Committees of the Rules Committee of the senate, and five of whom are
representatives, appointed by the speaker of the house of representatives. The remaining members shall be appointed one
each by the senate majority leader, the speaker of the house of representatives, and the governor and must be
nonlegislators. The members shall be
appointed in January of every odd-numbered year and shall serve until January
of the next odd-numbered year.
Vacancies on the council shall be filled in the same manner as the
original members were chosen.
Subd. 4. Expenditures. All expenditures made by the commissioner
of outdoor heritage shall be consistent with the purposes of the outdoor
heritage fund as identified in subdivision 1, and shall first be submitted to
the Lessard-Heritage Enhancement Council for approval by a majority of the
board, and the method, manner, and time of payment of all funds proposed to be
disbursed shall be first approved or disapproved by the council. The expenses of the council shall be paid
out of the outdoor heritage fund.
EFFECTIVE DATE. This section is effective November 15, 2008, if the
constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the
voters."
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 Brod amendment and the roll was
called. There were 38 yeas and 95 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kohls
Lanning
Magnus
Nornes
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Erickson
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Olson
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Brod moved to amend S. F.
No. 2651, the fourth engrossment, as amended, as follows:
Page
68, delete section 2 and insert:
"Sec.
2. [97A.056]
OUTDOOR HERITAGE FUND AND OFFICE; LESSARD-HERITAGE ENHANCEMENT COUNCIL.
Subdivision
1. Outdoor
heritage fund. (a) A
conservation partners account is created within the outdoor heritage fund. From the receipts deposited in the fund under
the Minnesota Constitution, article XI, section 15, 20 percent each year must
be credited to the conservation partners account and is appropriated to the
commissioner of outdoor heritage to be spent only for matching grants of up to
$250,000 to local sporting and wildlife conservation clubs for the improvement
of fish, game, and wildlife habitat conservation.
(b)
A forest fragmentation and consolidation account is created within the outdoor
heritage fund. From the receipts
deposited in the fund under the Minnesota Constitution, article XI, section 15,
20 percent each fiscal year must be credited to the forest fragmentation and
consolidation account and is appropriated to the commissioner of outdoor
heritage to be spent only for the acquisition of permanent easements on private
forest land or for the acquisition of land for forest consolidation. The conservation easements must guarantee
public access, including, but not limited to, hunting and fishing access.
Subd.
2. The
office of the commissioner of outdoor heritage. The office of the commissioner of outdoor
heritage is created as an agency in the executive branch of state
government. The governor shall appoint
the commissioner of outdoor heritage under section 15.06. The commissioner may appoint a deputy
commissioner. All expenses of the
commissioner, including the payment of staff and other assistance as may be
necessary, must be paid out of the outdoor heritage fund.
Subd.
3. Lessard-Heritage
Enhancement Council. There
is hereby created the Lessard-Heritage Enhancement Council, consisting of 13
members, five of whom are state senators appointed by the Subcommittee on
Committees of the Rules Committee of the senate, and five of whom are
representatives, appointed by the speaker of the house of representatives. The remaining members shall be appointed one
each by the senate majority leader, the speaker of the house of representatives, and the governor and must be
nonlegislators. The members shall be
appointed in January of every odd-numbered year and shall serve until January
of the next odd-numbered year.
Vacancies on the council shall be filled in the same manner as the
original members were chosen.
Subd.
4. Expenditures. All expenditures made by the commissioner
of outdoor heritage shall be consistent with the purposes of the outdoor
heritage fund as identified in subdivision 1, and shall first be submitted to
the Lessard-Heritage Enhancement Council for approval by a majority of the
board, and the method, manner, and time of payment of all funds proposed to be
disbursed shall be first approved or disapproved by the council. The expenses of the council shall be paid
out of the outdoor heritage fund.
EFFECTIVE DATE. This section is effective November 15, 2008, if the
constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the
voters."
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 Brod amendment and the roll was
called. There were 29 yeas and 105 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Cornish
Dean
DeLaForest
Demmer
Dettmer
Finstad
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
Nornes
Paulsen
Ruth
Seifert
Shimanski
Simpson
Smith
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Olson
Otremba
Ozment
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze