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(6) a field collection site
test to demonstrate mastery of the necessary skills, overseen by a certified
fish health inspector; and
(7) a certificate of
successful completion signed by a certified fish health inspector on a form
provided by the commissioner.
Subd. 2. Certification
time period. Fish collector
certification is valid for five years and is not transferable. A person may renew certification only by
successfully completing certification training.
Certification shall be revoked if the certified person is convicted of
violating any of the statutes or rules governing testing for aquatic species
diseases. Certification may be suspended
during an investigation associated with misconduct or violations of fish health
testing and collection. The commissioner
shall notify the person that certification is being revoked or suspended.
Subd. 3. Conflict
of interest. A fish collector
may not oversee the collection of fish from a facility or a water body when the
collector has a conflict of interest in connection with the outcome of the
testing.
Sec. 4. Minnesota Statutes 2008, section 17.4991,
subdivision 3, is amended to read:
Subd. 3. Fish
health inspection. (a) An aquatic
farm propagating trout, salmon, salmonids or catfish and having
an effluent discharge from the aquatic farm into public waters must have a fish
health inspection conducted at least once every 12 months by a certified fish
health inspector. Testing must be conducted
according to approved the Fish Health Blue Book laboratory
methods.
(b) An aquatic farm
propagating any species on the viral hemorrhagic septicemia (VHS) susceptible
list and having an effluent discharge from the aquatic farm into public waters
must test for VHS virus using the guidelines of the Fish Health Blue Book or
the Diagnostic Manual for Aquatic Animal Diseases, published by the
International Office of Epizootics (OIE).
The commissioner may, by written order published in the State Register,
prescribe alternative testing time periods and methods from those prescribed in
the Fish Health Blue Book or the OIE Diagnostic Manual if the commissioner
determines that biosecurity measures will not be compromised. These alternatives are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner must provide reasonable
notice to affected parties of any changes in testing requirements.
(c) Results of fish health
inspections must be provided to the commissioner for all fish that remain in the
state. All data used to prepare and
issue a fish health certificate must be maintained for three years by the
issuing fish health inspector, approved laboratory, or accredited veterinarian.
(b) (d) A health
inspection fee must be charged based on each lot of fish sampled. The fee by check or money order payable to
the Department of Natural Resources must be prepaid or paid at the time a bill
or notice is received from the commissioner that the inspection and processing
of samples is completed.
(c) (e) Upon receipt of
payment and completion of inspection, the commissioner shall notify the
operator and issue a fish health certificate.
The certification must be made according to the Fish Health Blue Book by
a person certified as a fish health inspector.
(d) (f) All aquatic life
in transit or held at transfer stations within the state may be inspected by
the commissioner. This inspection may
include the collection of stock for purposes of pathological analysis. Sample size necessary for analysis will follow
guidelines listed in the Fish Health Blue Book.
(e) (g) Salmonids and
catfish must have a fish health inspection before being transported from a
containment facility, unless the fish are being transported directly to an outlet
for processing or other food purposes or unless the commissioner determines
that an inspection is not needed. A fish
health inspection conducted for this purpose need
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only be done on the lot or
lots of fish that will be transported.
The commissioner must conduct a fish health inspection requested for
this purpose within five working days of receiving written notice. Salmonids and catfish may be immediately
transported from a containment facility to another containment facility once a
sample has been obtained for a health inspection or once the five-day notice
period has expired.
Sec. 5. Minnesota Statutes 2008, section 17.4994, is
amended to read:
17.4994 SUCKER EGGS.
Sucker eggs
may be taken from public waters with a sucker egg license endorsement, which
authorizes sucker eggs to be taken at a rate of one quart of eggs for each
1-1/2 acres of licensed surface waters except that for intensive culture
systems, sucker eggs may be taken at a rate of two quarts per 1,000 muskellunge
fry being reared for the fee prescribed in section 97A.475, subdivision
29. The Taking of
sucker eggs from public waters is subject to chapter 97C and may be supervised
by the commissioner. The commissioner
may limit the amount of sucker eggs that a person with a sucker egg license
endorsement may take based on the number of sucker eggs taken historically by
the licensee, new requests for eggs, and the condition of the spawning runs at
those historical streams and rivers that have produced previous annual quotas.
Sec. 6. Minnesota Statutes 2008, section 84.942,
subdivision 1, is amended to read:
Subdivision
1. Preparation. The commissioner of natural resources
shall prepare a comprehensive fish and wildlife management plan plans
designed to accomplish the policy of section 84.941. The comprehensive fish and wildlife
management plan shall include a strategic plan as outlined in subdivision
2. The strategic plan must be completed
by July 1, 1986. The management plan
must also include the long-range and operational plans as described in
subdivisions 3 and 4. The management
plan must be completed by July 1, 1988.
Sec. 7. Minnesota Statutes 2009 Supplement, section
84.95, subdivision 2, is amended to read:
Subd. 2. Purposes
and expenditures. Money from the
reinvest in Minnesota resources fund may only be spent for the following fish
and wildlife conservation enhancement purposes:
(1)
development and implementation of the comprehensive fish and wildlife
management plan plans under section 84.942;
(2)
implementation of the reinvest in Minnesota reserve program established by
section 103F.515;
(3) soil
and water conservation practices to improve water quality, reduce soil erosion
and crop surpluses;
(4) enhancement
or restoration of fish and wildlife habitat on lakes, streams, wetlands, and
public and private forest lands;
(5)
acquisition and development of public access sites and recreation easements to
lakes, streams, and rivers for fish and wildlife oriented recreation;
(6)
matching funds with government agencies, federally recognized Indian tribes and
bands, and the private sector for acquisition and improvement of fish and
wildlife habitat;
(7)
research and surveys of fish and wildlife species and habitat;
(8)
enforcement of natural resource laws and rules;
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(9)
information and education;
(10) implementing
the aspen recycling program under section 88.80 and for other forest wildlife
management projects; and
(11)
necessary support services to carry out these purposes.
Sec. 8. Minnesota Statutes 2008, section 84D.03,
subdivision 3, is amended to read:
Subd. 3. Bait
harvest from infested waters. (a) The
Taking of wild animals from infested waters for bait or aquatic farm
purposes is prohibited, except as provided in paragraph (b) and section
97C.341.
(b) In
waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of
fish as defined in section 17.4982, subdivision 6, the taking of wild
animals may be permitted for:
(1)
commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the
commissioner; and
(2) bait
purposes for noncommercial personal use in waters that contain Eurasian water milfoil,
when the infested waters are designated solely because they contain Eurasian
water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length.
(c)
Equipment and gear authorized for minnow harvest in a designated infested water
by permit issued under paragraph (b) may not be transported to, or used in, any
waters other than waters specified in the permit.
Sec. 9. Minnesota Statutes 2008, section 84D.11,
subdivision 2a, is amended to read:
Subd. 2a. Harvest
of bait from infested waters. The
commissioner may issue a permit to allow the harvest of bait:
(1) from
waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of
fish as defined in section 17.4982, subdivision 6; and
(2) from
infested waters as allowed under section 97C.341, paragraph (c).
The permit
shall include conditions necessary to avoid spreading aquatic invasive
species. Before receiving a permit, a
person annually must satisfactorily complete aquatic invasive species-related
training provided by the commissioner.
Sec. 10. Minnesota Statutes 2008, section 97A.015,
subdivision 52, is amended to read:
Subd. 52. Unprotected
birds. "Unprotected birds"
means English sparrow, blackbird, starling, magpie, cormorant, common pigeon, Eurasian
collared dove, chukar partridge, quail other than bobwhite quail, and mute
swan.
Sec. 11. Minnesota Statutes 2008, section 97A.101,
subdivision 3, is amended to read:
Subd. 3. Fishing
may not be restricted. Seasons or
methods of taking fish other than minnows may not be restricted under
this section.
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Sec. 12. Minnesota Statutes 2008, 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 the request is received within 90 days of the original
license purchase and:
(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;
(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.; or
(4) the licensee was not
legally required to purchase the license to participate in the activity.
(b) This subdivision does
not apply to lifetime licenses.
Sec. 13. Minnesota Statutes 2008, section 97A.331,
subdivision 4, is amended to read:
Subd. 4. Taking
and possessing big game out of season. (a)
A person that takes or illegally possesses big game during the closed
season is guilty of a gross misdemeanor.
The restitution value for a trophy deer taken or illegally possessed
during the closed season is according to paragraphs (b) to (d).
(b) The restitution value
for trophy deer shall be determined based on the animal's trophy score. The trophy score for deer shall be determined
using the scoring system developed by the Boone and Crockett Club.
(c) For typical trophy deer,
the following restitution values, based on the Boone and Crockett Club score,
are:
(1) 135 or over and less
than 160, $2,000;
(2) 160 or over and less than
180, $3,000;
(3) 180 or over and less
than 200, $4,000; and
(4) 200 or over, $5,000.
(d) For nontypical trophy
deer, the following restitution values, based on the Boone and Crockett Club
score, are:
(1) 160 or over and less
than 185, $2,000;
(2) 185 or over and less
than 205, $3,000;
(3) 205 or over and less
than 225, $4,000; and
(4) 225 or over, $5,000.
Sec. 14. Minnesota Statutes 2008, section 97A.345, is
amended to read:
97A.345 RESTITUTION VALUE OF WILD ANIMALS.
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(a) Except
for trophy deer restitution values provided under section 97A.331, subdivision
4, the commissioner may, by rules adopted under chapter 14, prescribe the
dollar value to the state of species of wild animals. The value may reflect the value to other
persons to legally take the wild animal, the replacement cost, or the intrinsic
value to the state of the wild animals.
Species of wild animals with similar values may be grouped together.
(b) The
value of a wild animal under the rules adopted by the commissioner is prima
facie evidence of a wild animal's value under section 97A.341.
(c) The
commissioner shall report annually to the legislature the amount of restitution
collected under section 97A.341 and the manner in which the funds were
expended.
Sec. 15. Minnesota Statutes 2008, 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 migratory waterfowl, pheasant,
trout and salmon, or walleye stamp shall be provided to the licensee after
purchase of a stamp validation only if the licensee pays an additional $2
fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey stamp may be purchased for
a $2 fee that covers the costs of producing and mailing the pictorial
stamp. Notwithstanding section 16A.1283,
the commissioner may, by written order published in the State Register,
establish fees for providing the pictorial stamps. The fees must be set in an amount that does
not recover significantly more or less than the cost of producing and mailing
the stamps. The fees are not subject to
the rulemaking provisions of chapter 14, and section 14.386 does not apply.
Sec. 16. Minnesota Statutes 2008, section 97A.421,
subdivision 4a, is amended to read:
Subd. 4a. Suspension
for failure to appear in court or pay a fine or surcharge. When a court reports to the commissioner
that a person (1) has failed to appear in court under the summons issued
in response to a notice to appear or fails to comply with other orders of
the court regarding the appearance or proceedings for a violation of the
game and fish laws or (2) has been convicted of violating a provision of the
game and fish laws, has been sentenced to the payment of a fine or had a
surcharge levied against them, and refused or failed to comply with that
sentence or to pay the fine or surcharge, the commissioner shall suspend the
game and fish license and permit privileges of the person until notified by the
court that the person has appeared in court under clause (1) or that any fine
or surcharge due the court has been paid under clause (2).
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Sec. 17. Minnesota Statutes 2008, section 97A.433, is
amended by adding a subdivision to read:
Subd. 5. Mandatory
separate selection. The
commissioner must conduct a separate selection for 20 percent of the elk
licenses to be issued each year. Only
individuals who have applied at least ten times for an elk license and who have
never received a license are eligible for this separate selection.
Sec. 18. Minnesota Statutes 2008, section 97A.435,
subdivision 1, is amended to read:
Subdivision
1. Number
of licenses to be issued License
issuance. The commissioner shall
include in a rule setting the dates for a turkey season the number of
licenses to be issued rules setting turkey seasons the methods for
issuing licenses for those seasons.
Sec. 19. Minnesota Statutes 2008, section 97A.435,
subdivision 4, is amended to read:
Subd. 4. Separate
selection of eligible licensees. (a)
The commissioner may conduct a separate selection for up to 20 percent of the
turkey licenses to be issued for any area.
Only persons who are owners or tenants of and who live on at least 40
acres of land in the area, and their immediate family members, are
eligible applicants for turkey licenses for the separate selection. The qualifying land may be
noncontiguous. Persons who are
unsuccessful in a separate selection must be included in the selection for the
remaining licenses. Persons who obtain a
license in a separate selection must allow public turkey hunting on their land
during that turkey season. A license
issued under this subdivision is restricted to the permit area where the
qualifying land is located.
(b) The
commissioner may by rule establish criteria for determining eligible family
members under this subdivision.
Sec. 20. Minnesota Statutes 2009 Supplement, section
97A.445, subdivision 1a, is amended to read:
Subd. 1a. Angling
in a state park. (a) A
resident may take fish by angling without an angling license:
(1) when shore
fishing or wading on state-owned land within a state park.; or
(2) when
angling from a boat or float, this subdivision applies only to those or
through the ice on water bodies completely encompassed within the statutory
boundary of the state park.
(b) The
exemption from an angling license does not apply to waters where a trout stamp is
required.
Sec. 21. Minnesota Statutes 2008, section 97A.502, is
amended to read:
97A.502 DEER KILLED BY MOTOR VEHICLES.
(a) Deer
killed by a motor vehicle on a public road must be removed by the road
authority, as defined by section 160.02, subdivision 25, unless the driver
of the motor vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural resources must
provide to all road authorities standard forms for statistical purposes and the
tracking of wild animals.
(b) The
driver of a motor vehicle that has collided with and killed a deer on a public
road has priority for a possession permit for the entire deer if the facts
indicate that the deer was not taken illegally.
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Sec. 22. Minnesota Statutes 2008, section 97A.535,
subdivision 2a, is amended to read:
Subd. 2a. Quartering
of deer allowed. A deer that has
been tagged as required in subdivision 1 may be quartered at the site of the
kill. The animal's head or genitalia must
remain attached to one of the quarters for male deer taken in a lottery deer
area or areas with antler point restrictions the animal's head must remain
attached to one of the quarters. The
quarters must be presented together for registration under subdivision 2 and
must remain together until the deer is processed for storage.
Sec. 23. Minnesota Statutes 2008, section 97A.545,
subdivision 5, is amended to read:
Subd. 5. Birds
must be in undressed condition; exceptions.
(a) Except as provided in paragraph (b), a person may ship or
otherwise transport game birds in an undressed condition only.
(b) Paragraph (a) does not
apply if the birds being shipped or otherwise transported:
(1) were taken on a shooting
preserve and are marked or identified in accordance with section 97A.121,
subdivision 5;
(2) were taken, dressed, and
lawfully shipped or otherwise transported in another state; or
(3) are migratory game birds
that were lawfully tagged and packed by a federally permitted migratory bird
preservation facility.; or
(4) are doves shipped or
transported in accordance with federal law.
Sec. 24. Minnesota Statutes 2008, section 97B.015,
subdivision 5a, is amended to read:
Subd. 5a. Exemption
for military personnel. (a)
Notwithstanding subdivision 5,:
(1) a person who has
successfully completed basic training in the United States armed forces is
exempt from the range and shooting exercise portion of the required course of
instruction for the firearms safety certificate; and
(2) a person who has
successfully completed basic training and training as a sniper in the United
States armed forces is exempt from both the classroom instruction and the range
and shooting exercise portions of the required course of instruction for the
firearms safety certificate.
(b) The commissioner may
require written proof of the person's military training, as deemed appropriate
for implementing this subdivision. The
commissioner shall publicly announce this exemption these exemptions
from the range and shooting exercise requirement respective
requirements for the firearms safety certificate and the availability of
the department's online, remote study option for adults seeking firearms safety
certification. Except as provided in
paragraph (a), military personnel and veterans are not exempt from any
other requirement the requirements of this section for obtaining a
firearms safety certificate.
EFFECTIVE DATE. This section is effective July 1, 2010, for
applications for firearms safety certificates received on or after that date.
Sec. 25. Minnesota Statutes 2008, section 97B.022, subdivision
2, is amended to read:
Subd. 2. Apprentice
hunter validation requirements. A
resident born after December 31, 1979, who is age 12 13 or older
over and who does not possess a hunter education firearms safety
certificate may be issued an apprentice hunter validation. An apprentice hunter validation is valid for
only one two license year years in a
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lifetime. An individual in possession of an apprentice hunter
validation may hunt small game and, deer, and bear only
when accompanied by an adult licensed to hunt in Minnesota whose license was
not obtained using an apprentice hunter validation. An apprentice hunter validation holder must
obtain all required licenses and stamps.
Sec. 26. Minnesota Statutes 2008, section 97B.031,
subdivision 5, is amended to read:
Subd. 5. Scopes;
visually impaired hunters. (a)
Notwithstanding any other law to the contrary, the commissioner may issue a
special permit, without a fee, to use a muzzleloader with a scope to take deer
during the muzzleloader season to a person who obtains the required licenses
and who has a visual impairment. The
scope may not have magnification capabilities.
(b) The
visual impairment must be to the extent that the applicant is unable to
identify targets and the rifle sights at the same time without a scope. The visual impairment and specific conditions
must be established by medical evidence verified in writing by (1) a
licensed physician, or a certified nurse practitioner or certified
physician assistant acting under the direction of a licensed physician; (2) a
licensed ophthalmologist,; or (3) a licensed optometrist. The commissioner may request additional
information from the physician if needed to verify the applicant's eligibility
for the permit.
(c) A permit
issued under this subdivision may be valid for up to five years, based on the
permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.
(d) The
permit must be in the immediate possession of the permittee when hunting under
the special permit.
(e) The
commissioner may deny, modify, suspend, or revoke a permit issued under this
subdivision for cause, including a violation of the game and fish laws or
rules.
(f) A person
who knowingly makes a false application or assists another in making a false
application for a permit under this subdivision is guilty of a
misdemeanor. A physician, certified
nurse practitioner, certified physician assistant, ophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a person is
visually impaired as described in this subdivision is guilty of a misdemeanor.
Sec. 27. Minnesota Statutes 2009 Supplement, section
97B.055, subdivision 3, is amended to read:
Subd. 3. Hunting
from vehicle by disabled hunters. (a)
The commissioner may issue a special permit, without a fee, to discharge a
firearm or bow and arrow from a stationary motor vehicle to a person who obtains
the required licenses and who has a permanent physical disability that is more
substantial than discomfort from walking.
The permit recipient must be:
(1) unable
to step from a vehicle without aid of a wheelchair, crutches, braces, or other
mechanical support or prosthetic device; or
(2) unable
to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist
breathing.
(b) The
permanent physical disability must be established by medical evidence verified
in writing by a licensed physician or, chiropractor, or
certified nurse practitioner or certified physician assistant acting under the
direction of a licensed physician.
The commissioner may request additional information from the physician
or chiropractor if needed to verify the applicant's eligibility for the
permit. Notwithstanding section 97A.418,
the commissioner may, in consultation with appropriate advocacy groups, establish
reasonable minimum standards for permits to be issued under this section. In addition to providing the medical evidence
of a permanent disability, the applicant must possess a valid disability
parking certificate authorized by section 169.345 or license plates issued
under section 168.021.
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(c) A person issued a
special permit under this subdivision and hunting deer may take a deer of
either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This
subdivision does not authorize another member of a party to take an antlerless
deer under section 97B.301, subdivision 3.
(d) A permit issued under
this subdivision is valid for five years.
(e) The commissioner may
deny, modify, suspend, or revoke a permit issued under this section for cause,
including a violation of the game and fish laws or rules.
(f) A person who knowingly makes
a false application or assists another in making a false application for a
permit under this section is guilty of a misdemeanor. A physician, certified nurse practitioner,
certified physician assistant, or chiropractor who fraudulently certifies
to the commissioner that a person is permanently disabled as described in this
section is guilty of a misdemeanor.
(g) Notwithstanding
paragraph (d), the commissioner may issue a permit valid for the entire life of
the applicant if the commissioner determines that there is no chance that an
applicant will become ineligible for a permit under this section and the
applicant requests a lifetime permit.
Sec. 28. Minnesota Statutes 2008, section 97B.075, is
amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
(a) A person may not take
protected wild animals, except raccoon and fox, with a firearm between the
evening and morning times established by commissioner's rule, except as
provided in this section.
(b) Big game may be taken from
one-half hour before sunrise until one-half hour after sunset.
(c) Except as otherwise
prescribed by the commissioner on or before the Saturday nearest October 8,
waterfowl may be taken from one-half hour before sunrise until sunset during
the entire season prescribed by the commissioner. On the opening day of the duck season,
shooting hours for migratory game birds, except woodcock and doves,
begin at 9:00 a.m.
Sec. 29. Minnesota Statutes 2008, 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 (1) a licensed physician or a certified
nurse practitioner or certified physician assistant acting under the direction
of a licensed physician; or (2) a licensed 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. 30. Minnesota Statutes 2008, section 97B.325, is
amended to read:
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97B.325 DEER STAND RESTRICTIONS.
A person may
not take deer from a constructed platform or other structure that is located
within the right-of-way of an improved public highway or is higher than 16
feet above the ground. The height
restriction does not apply to a portable stand that is chained, belted,
clamped, or tied with rope.
Sec. 31. Minnesota Statutes 2008, 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.
(c) A person
selected through a drawing must purchase a license by the Friday closest to
July 31. Any remaining available
licenses not purchased shall be issued beginning the following Wednesday to
those who applied unsuccessfully. Any
remaining available licenses not purchased by unsuccessful applicants may then
be issued the following week beginning on Wednesday to any eligible person as
prescribed by the commissioner on a first-come, first-served basis.
Sec. 32. [97B.4251]
BAITING BEAR; USE OF DRUM.
Notwithstanding
section 97B.425, a private landowner or person authorized by the private
landowner may use a drum to bait bear on the person's private land. The drum must be securely chained or cabled
to a tree so that it cannot be moved from the site by a bear and the drum may
not include a mechanical device for dispensing feed. The drum must be marked with the name and
address of the person who registered the bait site. For purposes of this section,
"drum" means a 30 gallon or larger drum.
Sec. 33. Minnesota Statutes 2008, section 97B.515, is
amended by adding a subdivision to read:
Subd. 4. Taking
elk causing damage or nuisance. The
commissioner may authorize the taking of elk that are causing damage or
nuisance by licensed hunters from September 1 to March 1 under rules prescribed
by the commissioner. The commissioner
may select and issue licenses to hunters from lists of license applicants based
on their interest, proximity, and availability to quickly respond to the damage
or nuisance situation. A person
receiving a license to hunt elk under this subdivision is not subject to the
requirements of section 97A.433, subdivision 2, clause (2), and does not lose
eligibility for future elk hunts.
Sec. 34. Minnesota Statutes 2009 Supplement, section
97B.811, subdivision 3, is amended to read:
Subd. 3. Restrictions
on leaving decoys unattended. During
the open season for waterfowl, a person may not leave decoys in public waters
between sunset and two hours before lawful shooting hours or leave decoys
unattended during other times for more than three consecutive hours unless:
(1) the decoys
are in waters adjacent to completely surrounded by private land under
the control of the hunter; and
(2) there is
not natural vegetation growing in water sufficient to partially conceal a
hunter and there is no public access to the water.
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Sec. 35. Minnesota Statutes 2008, section 97B.911, is
amended to read:
97B.911 MUSKRAT SEASONS.
(a) Except as provided in
paragraph (b), the commissioner may establish open seasons and restrictions for taking
muskrat.
(b) The fall open season for
muskrat shall begin the third Saturday in October in the forest trapping zone.
Sec. 36. Minnesota Statutes 2008, section 97B.915, is
amended to read:
97B.915 MINK SEASONS.
(a) Except as provided in
paragraph (b), the commissioner may establish open seasons and restrictions for
taking mink.
(b) The fall open season for
mink shall begin the third Saturday in October in the forest trapping zone.
Sec. 37. Minnesota Statutes 2008, section 97B.921, is
amended to read:
97B.921 OTTER SEASONS.
(a) Except as provided in
paragraph (b), the commissioner may establish open seasons and restrictions for
taking otter.
(b) The fall open season for
otter shall begin the third Saturday in October in the forest trapping zone.
Sec. 38. Minnesota Statutes 2008, section 97B.925, is
amended to read:
97B.925 BEAVER SEASONS.
(a) Except as provided in
paragraph (b), the commissioner may establish open seasons and restrictions for taking
beaver.
(b) The fall open season for
beaver shall begin the third Saturday in October in the forest trapping zone.
Sec. 39. [97B.927]
INCIDENTAL TAKINGS.
A person who incidentally
takes a muskrat or otter in a beaver trap during the beaver season shall tag
the animal with the person's name, license number, and the date, time, and
place where the animal was taken. The
person must notify a conservation officer no later than 24 hours after the
taking. The person shall give the pelt
of the animal to the Minnesota Trappers Association. All proceeds from the sale of the pelts must
be used to support the association's education efforts.
Sec. 40. Minnesota Statutes 2008, 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. The commissioner may, by
written order published in the State Register, amend daily, possession, or size
limits to make midseason adjustments that are necessary based on available
harvest, angling pressure, and population data to manage the fisheries in the
1837 Ceded Territory in
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compliance with the court
orders in Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct. 1187
(1999). The midseason adjustments in
daily, possession, or size limits are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply.
Sec. 41. Minnesota Statutes 2008, section 97C.087,
subdivision 2, is amended to read:
Subd. 2. Application
for tag. Application for special
fish management tags must be accompanied by a $5, nonrefundable application fee
for each tag. A person may not make more
than one tag application each calendar year. If a person makes more than one application,
the person is ineligible for a special fish management tag for that season
calendar year after determination by the commissioner, without a
hearing.
Sec. 42. Minnesota Statutes 2008, 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 or as prescribed for
certifiable diseases under sections 17.46 to 17.4999.
(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 statewide possession limits.
(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
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(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.
(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, except as
otherwise ordered by the commissioner upon documentation of an emergency fish
disease in Minnesota waters, as defined in section 17.4982, subdivision 9. 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. The
commissioner may, by written order published in the State Register, prohibit
transportation of live fish under this paragraph to help prevent spread of an
emergency fish disease documented to occur in Minnesota waters. The order is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Sec. 43. Minnesota Statutes 2008, 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 or
(2) the
commissioner may, by rule, authorize the use of two lines in areas designated
by the commissioner in Lake Superior if the angler purchases a second
line endorsement for $10.
Sec. 44. Minnesota Statutes 2008, section 97C.341, is
amended to read:
97C.341 CERTAIN 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. The
commissioner may authorize use of game fish eggs as bait and prescribe
restrictions on their use.
(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,
except as provided in paragraph (c).
For purposes of this paragraph, "bait" includes fish, aquatic
worms, amphibians, invertebrates, and insects used for angling taking
wild animals.
(c) Cisco and
rainbow smelt taken under rules adopted by the commissioner may be used as:
(1) fresh
or frozen bait on Lake Superior; or
(2) bait
that has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner.
Sec. 45. [348.125]
COYOTE CONFLICT MANAGEMENT OPTION.
A county
board may, by resolution, offer a bounty for the taking of coyotes (Canis
latrans) by all legal methods. The
resolution may be made applicable to the whole or any part of the county. The bounty must apply during the months
specified in the resolution and be in an amount determined by the board.
EFFECTIVE DATE. This
section is effective the day following final enactment.
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Sec. 46. LAKE
FLORIDA FISHING RESTRICTIONS.
The
commissioner shall prohibit fishing on Lake Florida in the area surrounding the
outlet and carp trap one month prior to the open season for walleye, sauger,
northern pike, muskellunge, largemouth bass, and smallmouth bass, as provided
under Minnesota Statutes, section 97C.395, subdivision 1, paragraph (a), clause
(1).
Sec. 47. RULEMAKING;
SPEARING ON CASS LAKE.
The
commissioner of natural resources shall amend Minnesota Rules, part 6264.0400,
subpart 69, to allow a person to take fish by spearing on Cass Lake. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply except as
provided under Minnesota Statutes, section 14.388.
Sec. 48. REPEALER.
Minnesota Statutes
2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435, subdivision 5;
97B.511; 97B.515, subdivision 3; and 97B.811, subdivision 4, are repealed.
ARTICLE 2
STATE LANDS
Section
1. Minnesota Statutes 2008, section
84.0272, subdivision 2, is amended to read:
Subd. 2. Stream
easements. (a) Notwithstanding
subdivision 1, the commissioner may acquire permanent stream easements for
angler access, fish management, and habitat work for a onetime payment based on
a value attributed to both the stream and the easement corridor. The payment shall equal:
(1) the per
linear foot of stream within the easement corridor times $5; plus
(2) the
easement corridor acres times the estimated market value.
(b) The
estimated market value is equal to:
(1) the total
farm market value plus the timberlands value agricultural market value
plus the rural vacant market value plus the managed forest market value;
divided by
(2) the
acres of deeded farmland plus the acres of timber agricultural land
plus the rural vacant land plus the managed forest land.
(c) The total
farm market value, timberlands value, acres of deeded farmland, and acres of
timber agricultural market value, rural vacant market value, and managed
forest market value or equivalent are determined from data collected by the
Department of Revenue during its annual spring mini abstract survey. If the Department of Revenue changes its
property type groups for its annual spring mini abstract survey, the
agricultural market value, the rural vacant market value, and the managed
forest market value shall be determined by the commissioner from data collected
by the Department of Revenue in a manner that provides the most reasonable
substitute for the market values as presently reported. The commissioner must use the most recent
available data for the city or township within which the easement corridor is
located.
(d) The
commissioner shall periodically review the easement payment rates under this
subdivision to determine whether the stream easement payments reflect current
shoreland market values. If the
commissioner determines that the easements do not reflect current shoreland
market values, the commissioner shall report to the senate and house
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of
representatives natural resources policy committees with recommendations for changes
to this subdivision that are necessary for the stream easement payment rates to
reflect current shoreland market values.
The recommendations may include an adjustment to the dollar amount in
paragraph (a), clause (1).
Sec. 2. Minnesota Statutes 2008, section 85.012,
subdivision 40, is amended to read:
Subd. 40. McCarthy Beach State Park, St. Louis County
and Itasca Counties, which is hereby renamed from McCarthy Beach
Memorial State Park.
Sec. 3. Minnesota Statutes 2008, section 89.021, is
amended by adding a subdivision to read:
Subd. 1a. Boundaries
designated. The commissioner
of natural resources may acquire by gift or purchase land or interests in land
adjacent to or in the proximity of a state forest. The commissioner may change the boundaries of
established state forests for the acquisition of land adjacent to or in the
proximity of the state forests, provided that the lands meet the definition of
forest land as defined in section 89.001, subdivision 4. The new boundaries shall be designated by the
process provided for in section 86A.07, subdivision 3.
Sec. 4. Minnesota Statutes 2008, section 89.032,
subdivision 2, is amended to read:
Subd. 2. Acquisition
for state forests. The commissioner
may acquire lands or interest in lands for state forest purposes. The land or interests in land may be
subject to mineral reservations.
Sec. 5. Minnesota Statutes 2008, section 94.342, is
amended by adding a subdivision to read:
Subd. 7. Exception
for riparian land in Boundary Waters Canoe Area Wilderness. Notwithstanding subdivision 3, any
state-owned riparian land within the Boundary Waters Canoe Area Wilderness may
be given in exchange for nonriparian land outside the Boundary Waters Canoe
Area Wilderness.
Sec. 6. Minnesota Statutes 2008, section 97A.141,
subdivision 1, is amended to read:
Subdivision
1. Acquisition;
generally. (a) Except as provided
in paragraph (b), the commissioner shall acquire access sites adjacent to
public waters and easements and rights-of-way necessary to connect the access
sites with public highways. The land may
be acquired by gift, lease, or purchase, or by condemnation with approval of
the Executive Council.
(b) Until
July 1, 2015, the commissioner shall not develop public access sites adjacent
to public waters that do not have a public access site until the commissioner
completes an aquatic invasive species prevention plan for the specific public
water.
Sec. 7. Laws 2009, chapter 176, article 4, section 9,
is amended to read:
Sec. 9. PRIVATE
SALE OF SURPLUS LAND; CLEARWATER COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell the land to the
White Earth Band of Ojibwe for less than the value of the land as determined
by the commissioner, but the conveyance must provide that the land be used for
the public and reverts to the state if the band fails to provide for public use
or abandons the public use of the land $26,500. The conveyance may reserve an easement for
ingress and egress.
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(c) The
land that may be sold is located in Clearwater County and is described as: the West 400 feet of the South 750 feet of Government Lot
3, Section 31, Township 145 North, Range 38 West, containing 6.89 acres, more
or less.
(d) The
Department of Natural Resources has determined that the land and building are
no longer needed for natural resource purposes.
Sec. 8. ADDITIONS
TO STATE PARKS.
Subdivision
1. [85.012] [Subd. 19.] Forestville Mystery Cave State Park,
Fillmore County. The
following areas are added to Forestville Mystery Cave State Park, all in
Fillmore County:
(1)
commencing at the northeast corner of Section 14, Township 102 North, Range 12
West; thence West 1,608.8 feet; thence South 2 degrees 50 minutes West 1,260.4
feet; thence North 89 degrees 57 minutes West 656 feet; thence South 0 degrees
39 minutes West 541.4 feet; thence North 89 degrees 57 minutes West 302.7 feet;
thence South 0 degrees 39 minutes West 347.1 feet; thence South 89 degrees 58
minutes East 132 feet; thence South 0 degrees 39 minutes West 496 feet; thence
South 89 degrees 58 minutes East 495 feet; thence South 54 degrees East 990
feet; thence South 39 degrees East 295 feet; thence South 84 degrees East 594
feet; thence South 64 degrees East 148.5 feet; thence South 66 degrees East 462
feet; thence North 0 degrees 45 minutes East 3763 feet to beginning;
(2) that
part of the East Half of the Southeast Quarter of Section 14, Township 102
North, Range 12 West, lying North of the south bank of the North Branch Creek,
also known as Forestville Creek. Said
parcel of real estate being more fully described as follows: commencing at the northeast corner of Section
14, proceed West, a distance of 1,608.8 feet; thence South 2 degrees 50 minutes
West a distance of 1,260.4 feet; thence North 89 degrees 57 minutes West, a
distance of 656 feet; thence South 0 degrees 39 minutes West, a distance of
541.4 feet to the beginning corner. From
the point of beginning, continue North 89 degrees 57 minutes West, a distance
of 302.7 feet; thence South 0 degrees 39 minutes West a distance of 347.1 feet;
thence South 89 degrees 58 minutes East, a distance of 132 feet; thence South 0
degrees 39 minutes West, a distance of 496 feet; thence South 89 degrees 58
minutes East a distance of 363 feet; thence South 54 degrees East 990 feet;
thence South 39 degrees East 295 feet; thence South 84 degrees East 594 feet;
thence South 64 degrees East 148.5 feet; thence South 66 degrees East 462 feet,
to the section line; thence North on the section line, a distance of 1,783
feet; thence North 85 degrees 34 minutes West a distance of 2,340.2 feet to the
beginning corner;
(3) the
South Half of the Northeast Quarter of Section 23, Township 102, Range 12,
Fillmore County, Minnesota, except the South Half of the Southeast Quarter of
the Southeast Quarter of said Northeast Quarter, and also except that part
thereof lying West of the center of County Road No. 12;
(4) that
part of the North Half of the Southwest Quarter of Section 23, Township 102,
Range 12, Fillmore County, Minnesota, lying northerly and easterly of the
following described line: commencing at
a point 288.4 feet North of the southwest corner of the Northwest Quarter of
the Southwest Quarter of said Section 23; thence North 132 feet, to the point
of beginning of the line to be described; thence East 1,800 feet, to the center
of river; thence South 6 degrees East 133 feet to intersect the hereinafter
described Line X; thence easterly along said Line X to the hereinafter
described Point A; thence South, parallel with the west line of said Southwest
Quarter to the south line of said North Half of said Southwest Quarter and said
line there terminating. Said Line X and
Point A being described as follows:
commencing at the southwest corner of the Northwest Quarter of the
Southwest Quarter of said Section 23; thence running North 4.37 chains; thence
East, along a line referred to as Line X in the above description, a distance
of 27.25 chains to a point referred to as Point A in the above description;
(5) the
East Half of the Southeast Quarter of the Southwest Quarter of Section 23,
Township 102, Range 12, Fillmore County, Minnesota; and
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(6) the Southeast Quarter of
Section 23, Township 102, Range 12, Fillmore County, Minnesota, except the
North Half of the Northeast Quarter of the Northeast Quarter of said Southeast
Quarter.
Subd. 2. [85.012]
[Subd. 31.] Judge C. R. Magney State Park, Cook County. The following areas are added to Judge
C. R. Magney State Park, all in Cook County:
the Northwest Quarter of the Northwest Quarter, the Northeast Quarter of
the Northwest Quarter, and the Northwest Quarter of the Northeast Quarter, all
in Section 5, Township 62 North, Range 3 East.
Subd. 3. [85.012]
[Subd. 54.] Split Rock Lighthouse State Park, Lake County. The following areas are added to Split
Rock Lighthouse State Park, all in Lake County:
the Southeast Quarter of the Northwest Quarter and the Southwest Quarter
of the Northeast Quarter, all in Section 32, Township 55 North, Range 8 West.
Subd. 4. [85.012]
[Subd. 55a.] Tettegouche State Park, Lake County. The following areas are added to
Tettegouche State Park:
(1) that part of Government
Lot 2, Section 15, Township 56, Range 7, Lake County, Minnesota, described as
follows: commencing at the quarter
corner between said Section 15 and Section 22, Township 56, Range 7; thence
East, along the section line between said Sections 15 and 22, a distance of
503.0 feet; thence northeasterly, deflecting to the left 75 degrees 00 minutes
a distance of 425.0 feet, to a point designated by a two-inch iron pipe, being
the point of beginning; thence northwesterly, to a point on the west line of
said Lot 2 distant approximately 970.0 feet North of said quarter corner between
Sections 15 and 22; thence North along said west line to the northwest corner
of said Lot 2; thence East, along the north line of said Lot 2, approximately
240.0 feet; thence in a southeasterly direction to a point on the east side of
a point of rocks projecting into Lake Superior, being marked by an X; thence in
a southwesterly direction, along the shore of said Lake Superior to the point
of beginning. (X mark on rock being in
line making a deflection angle of 45 degrees 51 minutes to the left with the east-west
section line from a point on the section line 503.0 feet East of the quarter
corner between said Sections 15 and 22 and being approximately 830 feet from
said point on said section line.); and
(2) the Northeast Quarter of
the Southwest Quarter of Section 15, Township 56, Range 7, Lake County,
Minnesota.
Sec. 9. DELETIONS
FROM STATE PARKS.
Subdivision 1. [85.012]
[Subd. 1a.] Afton State Park, Washington County. The following area is deleted from
Afton State Park: all that part of the
Southwest Quarter of Section 3, Township 27, Range 20, Washington County,
Minnesota, embraced within the recorded plat of ALPS ESTATES.
Subd. 2. [85.012]
[Subd. 14.] Crow Wing State Park, Crow Wing, Cass, and Morrison Counties. The following areas are deleted from
Crow Wing State Park:
(1) all that part of
Government Lots 7 and 8, Section 24, Township 44, Range 32, Crow Wing County,
Minnesota, embraced within the recorded plat of RED RIVER TRAIL; and
(2) all that part of
Government Lot 7, Section 24, Township 44, Range 32, Crow Wing County,
Minnesota, embraced within the recorded plat of LOGGER RUN.
Subd. 3. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following area is deleted from
Frontenac State Park: that part of the Southeast
Quarter, Section 11, Township 112 North, Range 13 West, being described as
BLOCK P, 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 any portions of vacated roadway which have attached thereto.
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Subd. 4. [85.012]
[Subd. 26.] Hayes Lake State Park, Roseau County. The following area is deleted from
Hayes Lake State Park: the West 45.00
feet of the North 160.7 feet of the South 263.58 feet of the Southwest Quarter
of the Northeast Quarter of Section 32, Township 160, Range 38, Roseau County,
Minnesota.
Subd. 5. [85.012]
[Subd. 40.] McCarthy Beach State Park, St. Louis and Itasca Counties. The following area is deleted from
McCarthy Beach State Park in Itasca County:
all that part of the Northeast Quarter of the Southeast Quarter, Section
1, Township 60 North, Range 22 West, embraced within the recorded plat of
"TRUST," as depicted thereon.
Subd. 6. [85.012]
[Subd. 41.] Maplewood State Park, Otter Tail County. The following areas are deleted from
Maplewood State Park:
(1) that part
of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County,
Minnesota, embraced within the recorded plat of South Lida Shores, according to
the recorded plat thereof;
(2) that
part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County,
Minnesota, embraced within the recorded plat of Greens Isle View Addition,
according to the recorded plat thereof;
(3) that
part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County,
Minnesota, described as follows: beginning at a point located by running West
401 feet from the northeast corner of said Government Lot 4 in Section 9;
thence South 47 degrees 10 minutes West 100 feet; thence South 52 degrees 19
minutes West along the lakeshore of Lake Lida a distance of 50 feet; thence
South 42 degrees 50 minutes East 200 feet; thence North 52 degrees 19 minutes
East 50 feet; thence North 42 degrees 50 minutes West 100 feet; thence North 47
degrees 10 minutes East 100 feet; thence North 42 degrees 50 minutes West, 100 feet
to the point of beginning;
(4) that
part of Government Lot 5, Section 9, Township 135, Range 42, Otter Tail County,
Minnesota, described as follows:
commencing at the northeast corner of Government Lot 4 in said Section
9; thence on an assumed bearing of West, along the north line of said
Government Lot 4, a distance of 130 feet, to intersect the shore of South Lida
Lake, said point of intersection being the point of beginning of the tract of
land to be described; thence return on a bearing of East, a distance of 130
feet, to said northeast corner of Government Lot 4; thence North 03 degrees 46
minutes 00 seconds West 224.40 feet, along the centerline of a township road;
thence North 08 degrees 31 minutes 00 seconds East 346.60 feet along said
centerline; thence North 81 degrees 14 minutes 00 seconds West 34.00 feet to
the westerly line of said township road; thence North 08 degrees 31 minutes 00
seconds East along said westerly line 125.00 feet; thence North 36 degrees 09
minutes 00 seconds West 230.00 feet; thence South 71 degrees 21 minutes 00
seconds West 93.00 feet, more or less to the easterly shoreline of South Lida
Lake; thence southeasterly along said shoreline to the point of beginning; and
(5) that
part of Government Lot 2, Section 33, Township 136, Range 42, Otter Tail
County, Minnesota, described as follows:
commencing at the East Quarter corner of said Section 33; thence on an
assumed bearing of West, along the east-west quarter line of said Section 33, a
distance of 3,994.0 feet; thence North 25 degrees East, a distance of 308.3
feet to the southwesterly right-of-way line of a public highway; thence North
40 degrees 00 minutes West, a distance of 169.0 feet, along said right-of-way;
thence South 74 degrees 43 minutes West, a distance of 70.0 feet, more or less,
to the shore of South Lida Lake; thence southwesterly, along said shoreline to
the south line of said Government Lot 2; thence on a bearing of East, along the
south line of said Government Lot 2, also being said east-west quarter line to
the point of beginning.
Subd. 7. [85.012]
[Subd. 54.] Split Rock Lighthouse State Park, Lake County. The following area is deleted from
Split Rock Lighthouse State Park: the
Southeast Quarter of the Southeast Quarter, Section 31, Township 55 North,
Range 8 West, Lake County.
Sec. 10. ADDITIONS
TO STATE FORESTS.
[89.021] [Subd. 32.] Lyons
State Forest. The following area is added to the
Lyons State Forest: Section 16, Township
135 North, Range 32 West, Cass County.
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Sec. 11. DEPOSIT
OF PROCEEDS.
Notwithstanding
Minnesota Statutes, section 97A.055, subdivision 2, the proceeds resulting from
the 2010 sale of a transportation road easement on the Lamprey Pass Wildlife
Management Area to construct a road overpass on County Road 83 in Washington
County shall be deposited in the land acquisition account established under
Minnesota Statutes, section 94.165.
Sec. 12. LAKE
COUNTY LAND EXCHANGE.
Notwithstanding
Minnesota Statutes, section 85.012, subdivision 1, the commissioner of natural
resources shall compensate Lake County or exchange state land of substantially
equal value for any tax-forfeited land administered by Lake County encompassed
by the boundary change effected under section 8, subdivision 3.
Sec. 13. PUBLIC
OR PRIVATE SALE OF SURPLUS STATE LAND; ANTICIPATED SAVINGS TO GENERAL FUND.
Notwithstanding
Minnesota Statutes, section 94.10, the commissioner of natural resources may
sell surplus land at public or private sale for less than the estimated or
appraised value of the land or for less than the minimum sale price prescribed
in Minnesota Statutes, section 94.10, provided the land is being sold to meet
the requirements of Laws 2005, chapter 156, article 2, section 45, as amended
by Laws 2007, chapter 148, article 2, section 73, and Laws 2009, chapter 37,
article 1, section 59.
EFFECTIVE DATE. This
section expires June 30, 2011.
Sec. 14. PUBLIC
SALE OF SURPLUS STATE LAND; AITKIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The land
that may be sold is located in Aitkin County and is described as: Government Lot 2 and the Southeast Quarter of
the Southwest Quarter, all in Section 19, Township 47 North, Range 24 West,
containing 84.25 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 15. PRIVATE
SALE OF SURPLUS STATE LAND; ANOKA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Anoka County and is described as: the East Half of the Southeast Quarter
of Section 25, Township 32 North, Range 22 West, Anoka County, Minnesota,
containing 80 acres, more or less.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12711
(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 a local unit of
government. A local unit of government
would like to use this parcel as a wetland mitigation site.
Sec. 16. PUBLIC
SALE OF SURPLUS STATE LAND; BECKER COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(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 Becker County and is described as: Government Lot 3, Section 1, Township 139
North, Range 37 West, containing 37.75 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 17. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; BELTRAMI COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources
may sell by public sale the surplus land bordering public water that is
described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The conveyance must include a reservation of
perpetual road easements described in paragraph (c) to the state for ingress
and egress for constructing, repairing, maintaining, and operating an adjacent
northern pike spawning and rearing area.
(c) The
land that may be sold is located in Beltrami County and is described as: All that part of the Southwest Quarter of the
Southwest Quarter and Government Lot 1, Section 21, Township 146 North, Range
31 West, bounded by the water's edge of Cass Lake and the following described
lines: Commencing at the southwest
corner of said section, thence North 00 degrees 07 minutes West, 691.2 feet on
and along the west line of said section to the point of beginning; thence South
58 degrees 27 minutes East, 177.64 feet; thence South 65 degrees 00 minutes
East, 162.35 feet; thence North 52 degrees 07 minutes East, 175.70 feet; thence
North 86 degrees 05 minutes East, 232.35 feet; thence South 41 degrees 50
minutes East, 186.35 feet; thence South 25 degrees 59 minutes East, 122.0 feet;
thence South 33 degrees 47 minutes West, 176.13 feet; thence South 26 degrees
31 minutes West, 157.26 feet; thence South 50 degrees 19 minutes East, 142.34
feet; thence North 88 degrees 05 minutes East, 66.15 feet to point
"A"; thence North 67 degrees 06 minutes East, 442.0 feet; thence
North 76 degrees 24 minutes East, 113.86 feet; thence North 80 degrees 48
minutes East, 88.96 feet to point "B"; thence South 17 degrees 17
minutes East, 138 feet, more or less, to the water's edge of Cass Lake and
there terminating. And from the point of
beginning; thence North 00 degrees 07 minutes West, 630.92 feet on and along
the west line of said Section 21; thence South 75 degrees 27 minutes East,
206.01 feet; thence South 35 degrees 36 minutes East, 210.68 feet; thence South
37 degrees 07 minutes East, 230.53 feet; thence South 51 degrees 18 minutes
East, 124.95 feet; thence North 55 degrees 37 minutes East, 156.60 feet; thence
South 48 degrees 10 minutes East, 120.58 feet; thence South 89 degrees 59
minutes East, 197.76 feet; thence South 68 degrees 28 minutes East, 195.0 feet;
thence South 38 degrees 25 minutes East, 162.17 feet; thence South 56 degrees
38 minutes East, 410.58 feet; thence South 31 degrees 06 minutes West, 203.30
feet; thence South 80 degrees 48 minutes West, 14.84 feet; thence South 17
degrees 17 minutes East, 133 feet, more or less, to the water's edge of Cass
Lake and there terminating. Including
all riparian rights to the contained 18.0 acres, more or less and subject to
all existing easements.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12712
Subject to a perpetual road
easement for ingress and egress over and across the following described land in
Government Lot 1 of said section described as follows: Beginning at point "B," said point
being on the southerly boundary of the above described tract; thence North 80
degrees 48 minutes East, 20.2 feet; thence South 17 degrees 17 minutes East,
33.33 feet; thence South 80 degrees 48 minutes West, 20.2 feet; thence North 17
degrees 17 minutes West, 33.33 feet to point "B" and the point of
beginning.
Except that part of
Government Lot 1 of Section 21, Township 146 North, Range 31 West, described as
follows: Commencing at the southwest
corner of said Section 21; thence North 00 degrees 07 minutes West, 1,322.12
feet along the west line of said Section 21; thence South 75 degrees 27 minutes
East, 206.01 feet; thence South 35 degrees 36 minutes East, 210.68 feet; thence
South 37 degrees 07 minutes East, 230.53 feet; thence South 51 degrees 18
minutes East, 124.95 feet; thence North 55 degrees 37 minutes East, 156.60
feet; thence South 48 degrees 10 minutes East, 120.58 feet; thence South 89
degrees 59 minutes East, 197.76 feet; thence South 68 degrees 28 minutes East,
195.0 feet; thence South 38 degrees 25 minutes East, 162.17 feet; thence South
56 degrees 38 minutes East, 383.52 feet, to the point of beginning; thence
South 56 degrees 38 minutes East, 27.06 feet; thence South 31 degrees 06
minutes West, 203.30 feet; thence South 80 degrees 48 minutes West, 2.52 feet;
thence North 15 degrees 31 minutes West, 46.80 feet; thence North 32 degrees 31
minutes East, 18.96 feet; thence North 59 degrees 39 minutes East, 58.56 feet;
thence North 20 degrees 23 minutes East, 105.29 feet to the point of beginning;
containing 0.1 acres.
Together with a perpetual
road easement for ingress and egress over and across the Southwest Quarter of
the Southwest Quarter of said section being a strip of land 33 feet wide, lying
16.5 feet on each side of the following described lines: Commencing at the southwest corner of said
Section 21; thence North 00 degrees 07 minutes West, 656.4 feet on and along
the west line of said section to the point of beginning; thence South 42
degrees 51 minutes East, 52.16 feet; thence South 70 degrees 04 minutes East,
214.3 feet; thence South 37 degrees 58 minutes East, 219.4 feet; thence South
49 degrees 02 minutes East, 252.6 feet; thence South 45 degrees 15 minutes
East, 152.5 feet; thence South 50 degrees 19 minutes East, 119.9 feet, to the
south line of Section 21 and there terminating.
Together with a perpetual
road easement for ingress and egress over and across the northwesterly 16.5
feet of the following described land in Government Lot 1 and the Southwest
Quarter of the Southwest Quarter of said section described as follows: Beginning at point "A," said point
being on the southern boundary of the above described tract; thence North 67
degrees 06 minutes East, 442.0 feet; thence North 76 degrees 24 minutes East,
113.86 feet; thence North 80 degrees 48 minutes East, 88.96 feet; thence South
17 degrees 17 minutes East, 33.33 feet; thence South 80 degrees 48 minutes
West, 92.38 feet; thence South 76 degrees 24 minutes West, 109.91 feet; thence
South 67 degrees 06 minutes West, 353.28 feet; thence South 88 degrees 05
minutes West, 92.15 feet to point "A" and the point of beginning.
(d) The land borders Cass
Lake. The land was acquired for a
northern pike spawning area but has not been used for such purpose for 30
years. The Department of Natural
Resources has determined that the land is not needed for natural resource
purposes.
Sec. 18. PRIVATE
SALE OF SURPLUS STATE LAND; CARLTON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general.
The attorney general may make necessary changes to the legal description
to correct errors and ensure accuracy.
(c) The land that may be
sold is located in Carlton County and is described as: the Northeast Quarter of the Northwest Quarter
of the Southeast Quarter, except state trunk highway right-of-way, Section 26,
Township 49 North, Range 17 West, containing 9.324 acres, more or less.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12713
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 19. PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARLTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Carlton
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
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy.
(c) The
land to be sold is located in Carlton County and is described as:
(1) part of
Government Lot 1 commencing 42 rods 17 links East of the northwest corner of
Section 6, Township 46, Range 18; thence South 82 rods 11 links; thence West to
Bear Lake; thence West on the shoreline to the section line; thence North to
the northwest corner; thence East to the beginning; except the highway
right-of-way and except the part northwest of Highway 35, Docket 214412 and
except commencing at the northwest corner of said Government Lot 1; thence
South 0 degrees 5 minutes 51 seconds West on the west line thereof 1,176.49
feet to a point on the southeast right-of-way line of the Interstate Highway 35
frontage road; thence North 51 degrees 42 minutes 51 seconds East on said
right-of-way line 209.76 feet; thence South 19 degrees 45 minutes East 120.0
feet to the point of beginning; thence North 19 degrees 45 minutes West 120.0
feet; thence North 51 degrees 42 minutes 51 seconds East 80.0 feet to the MNDOT
right-of-way monument; thence South 71 degrees 36 minutes 52 seconds East
216.61 feet; thence South 3 degrees 30 minutes West 195 feet, more or less, to
the shore of Bear Lake; thence westerly on said shore 215 feet, more or less,
to a point which bears 2 degrees 55 minutes East from the point of beginning;
thence North 2 degrees 55 minutes West 150 feet, more or less, to the point of
beginning, on Docket 240622 and except commencing at the northwest corner of
said Government Lot 1; thence East along the north line 704.22 feet; thence
South parallel to the west line 1,360.26 feet to the actual point of beginning;
thence North 739.16 feet, more or less, to the southeast right-of-way line of
the I-35 frontage road; thence southwest along said right-of-way line 608.48
feet, more or less, to the MNDOT monument; thence South 71 degrees 36 minutes
52 seconds East 216.61 feet; thence South 3 degrees 30 minutes West 195 feet,
more or less, to the shore of Bear Lake; thence East on said shore 285 feet,
more or less, to a point which bears North 00 degrees West from the point of
beginning; thence South 90 degrees East 15 feet, more or less, to the point of
beginning, Docket 282721 (parcel identification number 39-010-0920); and
(2) that
part of Government Lot 2 lying North of Moose Horn River, Docket 262968,
272524, and 272525, Section 11, Township 46, Range 19 (parcel identification
number 39-030-1220).
(d) The
county has determined that the county's land management interests would best be
served if the land was sold to adjoining landowners.
Sec. 20. PUBLIC SALE OF TAX-FORFEITED LAND
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.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12714
(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:
(1) the
Northwest Quarter of the Southeast Quarter, Section 27, Township 48 North,
Range 18 West (parcel number 33-010-6300);
(2) the
Southwest Quarter of the Northeast Quarter, except that part East of the Kettle
River, Section 26, Township 48 North, Range 20 West (parcel number
90-010-4630); and
(3) the
Northwest Quarter of the Southeast Quarter or Government Lot 5, Section 12,
Township 49 North, Range 19 West (parcel number 94-026-2020).
(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. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; CASS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, and upon
completion of exchange of the school trust land for acquired land, the
commissioner of natural resources may sell by private sale the surplus land
bordering public water that is described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell the land to a
school district 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 an educational unit managed forest and reverts to the
state if the school district fails to provide for or abandons the educational
unit managed forest use of the land.
(c) The
land that may be sold is located in Cass County and is described as:
(1) the
Southwest Quarter of the Southwest Quarter of Section 27;
(2) the
Southeast Quarter of the Southeast Quarter of Section 28;
(3)
Government Lot 11 of Section 33; and
(4)
Government Lot 14 of Section 34,
all in
Township 141 North, Range 28 West, containing a total of 98.7 acres, more or
less.
(d) The
land borders Nellie Lake. Independent
School District No. 118, Longville, has inadvertently trespassed upon the
land for the establishment of an educational unit managed forest under
Minnesota Statutes, section 89.41. The
commissioner of natural resources has determined that the state's land
management interests would best be served if the land was managed as an
educational unit managed forest. Since
the land is currently school trust land, the commissioner of natural resources
shall first exchange the school trust land for acquired land prior to sale.
Journal
of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12715
Sec. 22. PUBLIC
OR PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CASS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by public or private sale the surplus land bordering
public water that is described in paragraph (c). Notwithstanding Minnesota Statutes, section
86A.055, the commissioner of natural resources may sell the surplus land described
in paragraph (c) and direct the net proceeds to the general fund.
(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 a local unit of government for less than
the value of the land, as determined by the commissioner, but the conveyance
must provide that the land be used for the public and reverts to the state if
the local unit of government fails to provide for public use or abandons the
public use of the land.
(c) The land that may be
sold is located in Cass County and is described as: Lot 7, Block 1, Dell's Sleepy Hollow, Cass
County, Minnesota, according to the recorded plat thereof, containing 0.54
acres, more or less.
(d) The land borders Woman
Lake. The Department of Natural
Resources has determined that the state's land management interests would best
be served if the land was conveyed to a local unit of government.
Sec. 23. PUBLIC
SALE OF SURPLUS STATE LAND; COOK COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell by public sale the surplus land described in paragraph (c) and direct the
net proceeds to the general fund.
(b) The conveyance must be
in a form approved by the attorney general.
The attorney general may make necessary changes to the legal description
to correct errors and ensure accuracy.
(c) The land that may be
sold is located in Cook County and is described as: the South Half of the Northwest Quarter,
Section 32, Township 62 North, Range 1 East, containing 80 acres, more or less.
(d) The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 24. PUBLIC
SALE OF SURPLUS STATE LAND; DOUGLAS COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell by public sale the surplus land described in paragraph (c) and direct the
net proceeds to the general fund.
(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 Douglas County and is described as: the southerly 499.7 feet of the easterly
466.7 feet of the following described tract:
Southwest Quarter of the
Southeast Quarter of Section 6, Township 127 North, Range 37 West, excepting
therefrom the right-of-way of the public road running on the south line of said
tract, containing 5.00 acres, more or less.
(d) The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12716
Sec. 25. PRIVATE
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; GOODHUE COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land
bordering public water that is described in paragraph (c). Notwithstanding Minnesota Statutes, section
86A.055, the commissioner of natural resources may sell the surplus land
described in paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The conveyance must include the easement
specified in paragraph (c). The purpose
of the easement is to:
(1) provide
for the development of fish habitat, including tree planting, erosion control,
installation of instream structures, posting of signs, and other improvements;
(2) permit
angling by the public; and
(3) provide
ingress and egress through the property sold to the easement area.
(c) The
land that may be sold is located in Goodhue County and is described as: that part of the Southwest Quarter of the
Northeast Quarter and that part of the Northwest Quarter of the Southeast
Quarter of Section 7, Township 112, Range 15, Goodhue County, Minnesota, which
lie westerly of the centerline of County State-Aid Highway No. 6,
containing 2.6 acres, more or less.
Reserving
an easement over, under, and across that part of the above described property
located within a strip of land 132 feet in width, and centered on the
centerline of Spring Creek, as the same meanders through said Southwest Quarter
of the Northeast Quarter and said Northwest Quarter of the Southeast Quarter.
(d) The
land borders Spring Creek. The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes provided that an easement right is retained. The land is separated from the wildlife
management area by a county road and has been subject to inadvertent trespass
by the adjacent landowner.
Sec. 26. PUBLIC
SALE OF SURPLUS STATE LAND; GRANT COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(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 Grant County and is described as: that part of the East 690 feet of the West
870 feet of the Southwest Quarter of the Northeast Quarter of Section 13,
Township 127 North, Range 41 West, which lies southwesterly of a line run
parallel to and distant 225 feet southwesterly of the Soo Line Railroad Company
(formerly Minneapolis, St. Paul, and Sault Ste Marie Railway Company) main
track centerline as the same is now located and established over and across
said Section 13, containing 4.00 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12717
Sec. 27. 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 the surplus land that is
described in paragraph (c).
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell the surplus land described in paragraph (c) and
direct the net proceeds to the general fund.
(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 a local unit of
government for less than the value of the land, as determined by the
commissioner, but the conveyance must provide that the land be used for the
public and reverts to the state if the local unit of government 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: Outlot A, Block 1, Schendel Woods, Hennepin
County, Minnesota, according to the recorded plat thereof, containing 13.92
acres, more or less.
(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 a local unit of
government. A local unit of government
would like to use this parcel for a storm water runoff project.
Sec. 28. PUBLIC
SALE OF SURPLUS STATE LAND; HUBBARD COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(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 Hubbard County and is described as: that part of the Northeast Quarter of the
Northwest Quarter of Section 17, Township 143 North, Range 35 West, Minnesota
lying easterly of MN Highway No. 200, containing 30 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 29. CONVEYANCE
OF TAX-FORFEITED LAND BORDERING PUBLIC WATERS; 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 convey to the city of Cohasset for consideration as determined by
Itasca County the land 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 and provide that the
land reverts to the state if the city of Cohasset fails to provide for the
public use described in paragraph (d) or abandons the public use of the
land. As a condition of conveyance, the
city of Cohasset must provide to Itasca County a survey of the property, at no
cost to Itasca County. The conveyance is
subject to easements, restrictions, and reservations of record. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12718
(c) The
land to be conveyed is located in Itasca County and is described as: that part of Government Lot 7, Section 23,
Township 55 North, Range 26 West, described as follows:
Commencing at
the southwest corner of the Northwest Quarter of the Southwest Quarter, Section
23, Township 55 North, Range 26 West; thence South 88 degrees 02 minutes 11
seconds East, along the south line of said Northwest Quarter of Southwest
Quarter and the south line of Government Lot 7 according to the plat of
HILLCREST PARK, 1,351.90 feet to the centerline of the Tioga Beach Road and the
point of beginning; thence northerly along the centerline of the Tioga Beach
Road 123.51 feet along a nontangential curve concave to the East, said curve
having a central angle of 12 degrees 08 minutes 28 seconds, radius of 582.87
feet, a chord bearing of North 07 degrees 35 minutes 37 seconds West, chord
distance 123.28 feet; thence North 01 degrees 31 minutes 24 seconds West, along
the centerline of the Tioga Beach Road 167.83 feet; thence northerly along the
centerline of the Tioga Beach Road 139.95 feet along a tangential curve concave
to the West, said curve having a central angle of 11 degrees 26 minutes 28
seconds, radius of 700.85 feet; thence North 12 degrees 57 minutes 52 seconds
West, along the centerline of the Tioga Beach Road 174.21 feet; thence
northerly along the centerline of the Tioga Beach Road 70.93 feet, more or
less, along a tangential curve concave to the East, said curve having a central
angle of 08 degrees 46 minutes 30 seconds, radius of 463.14 feet to intersect
the north line of the South 665.00 feet of Government Lot 7; thence South 88
degrees 02 minutes 11 seconds East along the north line of the South 665.00
feet of said Government Lot 7, a distance of 512.74 feet; thence South 65
degrees 39 minutes 08 seconds East, 184 feet, more or less, to the waters edge
of Pokegama Lake; thence southwesterly along the waters edge of Pokegama Lake
to intersect the south line of said Government Lot 7; thence North 88 degrees
02 minutes 11 seconds West, along the south line of Government Lot 7, 220 feet,
more or less, to the point of the beginning and there terminating. Parcel contains approximately 690 front feet
of shoreland on Pokegama Lake and 6.8 acres.
(d) The
county has determined that the county's land management interests would be best
served if the lands are managed for a public beach and other public
recreational purposes by the city of Cohasset.
Sec. 30. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; MAHNOMEN COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Mahnomen
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction that prohibits buildings, structures, tree cutting, removal of
vegetation, and shoreland alterations within an area 75 feet from the ordinary
high water level. A 15-foot strip for
lake access and a dock is allowed.
(c) The
land to be sold is located in Mahnomen County and is described as:
Beginning
at the northeast corner of Lot 1; thence 28 rods West to the point of
beginning; thence West 7 rods; thence South to the shoreline of North Twin Lake
9 rods, more or less; thence southeast on the shoreline to a point South of the
point of beginning; thence North 16 rods, more or less, to the point of
beginning, all in Section 29, Township 144 North, Range 39 West (parcel number
R16 029 0200).
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12719
Sec. 31. PUBLIC
SALE OF SURPLUS STATE LAND; MARTIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell by public sale the surplus land described in paragraph (c) and direct the
net proceeds to the general fund.
(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 Martin County and is described as: all of Tract A described below:
Tract A:
That part of Government Lot
3 and the Northeast Quarter of the Southwest Quarter, both in Section 32,
Township 103 North, Range 30 West, described as follows: Beginning at the point of intersection of a
line run parallel with and distant 100 feet northerly of Line 1 described below
with a line run parallel with and distant 50 feet southeasterly of Line 3,
described below; thence run easterly on said 100 foot parallel line to its
intersection with a line run parallel with and distant 100 feet westerly of
Line 2 described below; thence run northerly of the last described 100 foot
parallel line to a point thereon, distant 100 feet southerly of its
intersection with a line run parallel with and distant 50 feet southerly of
said Line 3; thence run northwesterly to a point on said 50 foot parallel line
distant 100 feet westerly of the last described intersection (when measured
along said 50 foot parallel line), said point being hereinafter referred to as
"Point B"; thence run southwesterly on said 50 foot parallel line to
the point of beginning.
Line 1:
Beginning at a point on the
east line of said Section 32, distant 516.9 feet South of the east quarter
corner thereof; thence run westerly at an angle of 89 degrees 20 minutes 15
seconds from said east section line (measured from North to West) for 5,337.2
feet and there terminating.
Line 2:
Beginning at a point of Line
1, described above, distant 1,545 feet easterly of its point of termination;
thence run northerly at right angles to said Line 1 for 590 feet and there
terminating.
Line 3:
Beginning at the point of
termination of Line 2 described above; thence run westerly at right angles to
said Line 2 for 134.26 feet; thence deflect to the left on a 07 degree 00
minute 00 second curve (delta angle 35 degrees 00 minutes 00 seconds) for 500
feet; thence on a tangent to said curve for 280.6 feet; thence deflect to the
right on a 07 degree 00 minute 00 second curve (delta angle 35 degrees 00
minutes 00 seconds) for 500 feet and there terminating.
Containing 5.75 acres, more or less. Subject to the following restriction:
No access shall be permitted
to Trunk Highway 391 renumbered 90 or to County Road No. 59 from the lands
herein conveyed; except that access shall be permitted along a line run
parallel with and distant 50 feet southeasterly of Line 3 described above,
between the point of beginning of Tract A hereinbefore described and "Point
B" hereinbefore described.
(d) The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12720
Sec. 32. PRIVATE
SALE OF SURPLUS STATE LAND; MARTIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c). Notwithstanding Minnesota
Statutes, section 86A.055, the commissioner of natural resources may sell the
surplus land described in paragraph (c) and direct the net proceeds to the
general fund.
(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 Martin County and is described as: the North 700 feet of a strip of land 100
feet in width extending over and across the West Half of the Northwest Quarter
and the Northwest Quarter of the Southwest Quarter of Section 25, Township 101
North, Range 32 West, Martin County, Minnesota.
The centerline of said strip being the centerline of the main track (now
removed) of the Minnesota and Iowa Railway Company, as said centerline was
originally located and established over and across said Section 25. This parcel contains 1.6 acres, more or less.
(d) The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be
served if the land were conveyed to the adjacent landowner to improve access to
the landowner's property.
Sec. 33. EXCHANGE
OF STATE LAND WITHIN LAKE MARIA WILDLIFE MANAGEMENT AREA; MURRAY 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 land
described in paragraph (b).
(b) The land that may be
exchanged is located in Murray County and is described as:
(1) the North 866 feet of
the South 1555 feet of the Southwest Quarter of Section 7, Township 108, Range
41, lying West of the East 450 feet thereof;
(2) the South 689 feet of
the Southwest Quarter of Section 7, Township 108, Range 41; and
(3) that part of the
Northeast Quarter of Section 18, Township 108, Range 41, described as
follows: Commencing at the northwest
corner of said Section 7, Township 108, Range 41; thence running easterly along
the north line of said Section 7 a distance of 2,769.50 feet to the
intersection with the centerline of the township road; thence southerly along
the centerline of said township road a distance of 2,653.75 feet; thence
deflecting 00 degrees 31 minutes right and continuing along the centerline of
said township road a distance of 2,051.75 feet; thence easterly and parallel to
the south line of the Southwest Quarter of the Southeast Quarter of said
Section 7, a distance of 464 feet; thence South and parallel to the west line
of the Northeast Quarter of said Section 18, a distance of 3,198.00 feet, to
the south line of the Northeast Quarter of said Section 18, and the point of
beginning of the land to be described; thence return northerly, along the last
described course, a distance of 2,635 feet to the north line of said Northeast
Quarter; thence southwesterly, a distance of 999 feet, to a point on the west
line of said Northeast Quarter, distant 421.5 feet South of the northwest
corner of said Northeast Quarter, thence South along said west line, to the
southwest corner of said Northeast Quarter; thence East, along the south line
of said Northeast Quarter, a distance of 910 feet to the point of beginning.
(c) The land was acquired in
part with bonding appropriations. The
exchange with the adjacent landowner will provide additional wildlife acres and
additional water frontage to the state.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12721
Sec. 34. CONVEYANCE
OF SURPLUS STATE LAND; ACQUISITION; NICOLLET COUNTY.
Subdivision 1. Conveyance
of surplus land. (a)
Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, the
commissioner of administration may upon recommendation of the commissioner of
human services, convey to the city of St. Peter for no consideration the
surplus land or any state interest in 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 changes to the land description to correct
errors and ensure accuracy. The
commissioner of administration may grant utility easements for no consideration
in conjunction with the conveyances under this section.
(c) The land to be sold is
located in Nicollet County and is described as:
(1) all that part of the
following described parcel lying westerly of the westerly right-of-way of
Freeman Drive, formerly the Saint Peter and Belgrade Road.
Said parcel described as
follows:
That part of Government Lot 6
in Section 29, Township 110 North, Range 26 West, city of Saint Peter, Nicollet
County, Minnesota, described as:
Commencing at the northeast
corner of said Section 29; thence South 00 degrees 29 minutes 46 seconds East,
an assumed bearing on the east line of said Northeast Quarter, a distance of
1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line
of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet
to the point of beginning; thence South 64 degrees 37 minutes 16 seconds East,
a distance of 178.6 feet, more or less, to the centerline of Freeman Drive,
formerly the Saint Peter and Belgrade Road; thence northeasterly, on said centerline,
a distance of 98.3 feet, more or less, to the north line of said Government Lot
6; thence South 89 degrees 30 minutes 18 seconds West, on said north line; a
distance of 220.5 feet, more or less, to the point of beginning;
(2) all that part of the
following described parcel lying easterly of the westerly right-of-way of
Freeman Drive, formerly the Saint Peter and Belgrade Road.
Said parcel described as
follows:
That part of Government Lot
6 in Section 29, Township 110 North, Range 26 West, city of Saint Peter,
Nicollet County, Minnesota, described as:
Commencing at the northeast
corner of said Section 29; thence South 00 degrees 29 minutes 46 seconds East,
an assumed bearing on the east line of said Northeast Quarter, a distance of
1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line
of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet
to the point of beginning; thence South 64 degrees 37 minutes 16 seconds East,
a distance of 178.6 feet, more or less, to the centerline of Freeman Drive,
formerly the Saint Peter and Belgrade Road; thence northeasterly, on said
centerline, a distance of 98.3 feet, more or less, to the north line of said
Government Lot 6; thence South 89 degrees 30 minutes 18 seconds West, on said
north line; a distance of 220.5 feet, more or less, to the point of beginning;
and
(3) that part of the East 25.00
of a 150.00 foot wide railroad right-of-way acquired in Book R page 338, in the
Northeast Quarter of the Northeast Quarter of Section 29, Township 110 North,
Range 26 West, city of Saint Peter, Nicollet County, Minnesota, lying South of
the southerly right-of-way line of Minnesota Trunk Highway No. 99, per
MN/DOT Right-of-Way Map 31-68 and North of the following described line:
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12722
Commencing
at the northeast corner of said Section 29; thence South 00 degrees 29 minutes
46 seconds East, an assumed bearing on the east line of said Northeast Quarter,
a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of
said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on
the south line of said Northeast Quarter of the Northeast Quarter, a distance of
918.73 feet; thence North 64 degrees 37 minutes 16 seconds West, a distance of
86.15 feet; thence northwesterly 127.21 feet on a tangential curve to the
right, having a radius of 280.00 feet and a central angle of 26 degrees 01
minutes 59 seconds to the point of beginning of the line to be described;
thence continuing northwesterly 31.24 feet on said tangential curve to the
right, having a radius of 280.00 feet and a central angle of 06 degrees 23
minutes 34 seconds and there terminating.
(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 the city of St. Peter.
Subd. 2. Acquisition
authority. (a) Notwithstanding
any law to the contrary, the commissioner of administration, upon
recommendation of the commissioner of human services, may acquire from the city
of St. Peter, without monetary consideration, land located in Nicollet
County, described as follows:
(1) that
part of the Northeast Quarter of the Northeast Quarter of Section 29, Township
110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota:
Lying East
of the east line of the 150.007 foot wide railroad right-of-way acquired in
Book R page 338, in said Northeast Quarter of the Northeast Quarter of Section
29;
AND
Lying South
of the following described line:
Commencing
at the northeast corner of said Section 29; thence South 00 degrees 29 minutes
46 seconds East, an assumed bearing on the east line of said Northeast Quarter,
a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of
said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on
the south line of said Northeast Quarter of the Northeast Quarter, a distance
of 918.73 feet to the point of beginning; thence North 64 degrees 37 minutes 16
seconds West, a distance of 86.15 feet; thence northwesterly 127.21 feet on a
tangential curve to the right, having a radius of 280.00 feet and a central
angle of 26 degrees 01 minutes 51 seconds to the point of termination. Said point of termination being on the east
line of the previously referenced railroad right-of-way and there terminating;
and
(2) that
part of Government Lot 6 in Section 29, Township 110 North, Range 26 West, city
of Saint Peter, Nicollet County, Minnesota described as:
Commencing
at the northeast corner of said Section 29; thence South 00 degrees 29 minutes
46 seconds East, an assumed bearing on the east line of said Northeast Quarter,
a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of
said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on
the south line of said Northeast Quarter of the Northeast Quarter, a distance
of 918.73 feet; thence South 64 degrees 37 minutes 16 seconds East, a distance
of 179 feet, more or less, to the centerline of Freeman Drive, formerly the
Saint Peter and Belgrade Road, and the point of beginning; thence continuing
South 64 degrees 37 minutes 16 seconds East, a distance of 25.8 feet, more or
less, to the existing right-of-way of U.S. Highway No. 169, per Map 14-80;
thence southwesterly along said right-of-way a distance of 91.7 feet, more or
less, to the northerly line of a parcel recorded as Document No. 274882,
Nicollet County records; thence northwesterly along the northerly line of said
parcel a distance of 27.5 feet, more or less, to the centerline of said Freeman
Drive; thence northeasterly along said centerline a distance of 93.2 feet, more
or less, to the point of beginning.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12723
(b) The conveyance must be
in a form approved by the attorney general.
The attorney general may make necessary changes to legal descriptions to
correct errors and ensure accuracy.
Sec. 35. PUBLIC
SALE OF SURPLUS STATE LAND; NOBLES COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell by public sale the surplus land described in paragraph (c) and direct the
net proceeds to the general fund.
(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 Nobles County and is described as:
(1) the North 500 feet of
the West 450 feet of the East 1,650 feet of the North Half of the Northeast
Quarter of Section 32, Township 102 North, Range 43 West, subject to the public
road running on the north line of said North Half of the Northeast
Quarter. Containing 4.83 acres, more or
less; and
(2) the westerly 500 feet of
the southerly 468.6 feet of the Southeast Quarter of the Southeast Quarter of
Section 17, Township 101 North, Range 43 West, subject to the public road
running on the south line of said Southeast Quarter of the Southeast Quarter,
containing 5.00 acres, more or less.
(d) The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 36. CONVEYANCE
OF SURPLUS STATE LAND; OLMSTED COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 to 94.16, the commissioner of natural
resources shall convey to the city of Oronoco for no consideration the surplus
land that is described in paragraph (c).
(b) The conveyance shall
occur upon the operation of the reversion clause contained in the deed for the
land described in paragraph (c) in accordance with Minnesota Statutes 1965,
section 85.188, and after the passage of resolutions by the Olmsted County
Board and the Oronoco City Council, each acknowledging that the requirements
set forth in the Agreement for Transfer of Oronoco Park in the City of Oronoco
to the City of Oronoco by Olmsted County have been sufficiently met to proceed
with the conveyance. The conveyance must
be in a form approved by the attorney general, the Olmsted County Board, and
the Oronoco City Council. The conveyance
must provide that the land reverts to the state if the city of Oronoco fails to
maintain and operate the land as a public park.
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 Olmsted County and is described as:
(1) the East Half of the
West Half of the Southeast Quarter of the Southeast Quarter, Section 7,
Township 108 North, Range 14 West, subject to flowage rights in favor of Olmsted
County; and
(2) the East Half of the Southeast Quarter of the Southeast Quarter,
Section 7, Township 108 North, Range 14 West.
(d) The land is currently
owned by Olmsted County and used as a public park, having been conveyed by the
state according to Laws 1965, chapter 810, section 9. The 1965 law and the corresponding conveyance
document require reversion to the state if the county stops operating the land
as a public park. Olmsted County no
longer wishes to operate the public park, but the city of Oronoco has agreed to
pay consideration to Olmsted County to continue the park operation. The commissioner has determined that the
state's land management interests would best be served if, upon the land's reversion
to the state, the land was conveyed to and used by the city of Oronoco as a
public park.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12724
Sec. 37. PRIVATE
SALE OF TAX-FORFEITED LAND; PINE COUNTY.
(a) Notwithstanding the
public sale provisions of Minnesota Statutes, chapter 282, or other law to the
contrary, Pine 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 Pine County and is described as:
the East 132 feet of the Northeast Quarter of the Southeast Quarter of
Section 11, Township 42 North, Range 17 West, Wilma Township, Pine County,
Minnesota, subject to a public road easement over, under, and across the West
66 feet thereof, and the East 132 feet of the Southeast Quarter of the
Northeast Quarter of Section 11, Township 42 North, Range 17 West, Wilma
Township, Pine County, Minnesota, subject to a public road easement over,
under, and across the West 66 feet thereof.
(d) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
The county will be able to access adjacent tax-forfeited property by the
public road easement.
Sec. 38. PUBLIC
SALE OF SURPLUS STATE LAND; PIPESTONE COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell by public sale the surplus land described in paragraph (c) and direct the
net proceeds to the general fund.
(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 Pipestone County and is described as: that part of the South Half of the Northwest
Quarter of Section 27, Township 107 North, Range 45 West, described as follows:
From the intersection of the
east and west quarter line of said Section 27 with the southeasterly
right-of-way line of Trunk Highway 39 as same is now located and established
over and across said tract; run East along said east and west quarter line for
a distance of 1,037 feet; thence deflect to the left at an angle of 90 degrees
00 minutes for a distance of 540 feet to the point of beginning; thence deflect
to the right at an angle of 90 degrees 00 minutes for a distance of 125 feet;
thence deflect to the left at an angle of 90 degrees 00 minutes for a distance
of 249 feet; thence deflect to the left at an angle of 90 degrees 00 minutes
for a distance of 350 feet; thence deflect to the left at an angle of 90
degrees 00 minutes for a distance of 249 feet; thence deflect to the left at an
angle of 90 degrees 00 minutes for a distance of 225 feet to the point of
beginning;
Together with all that part
of the following described tract:
That part of the Southwest
Quarter of the Northwest Quarter of Section 27, Township 107 North, Range 45
West, described as follows: Beginning at
the intersection of the east and west quarter line of said Section 27 with the
southeasterly right-of-way line of Trunk Highway 39, as same is now located and
established over and across said tract; thence run East along said east and
west quarter line for a distance of 1,037 feet; thence deflect to the left at
an angle of 90 degrees 00 minutes for a distance of 540 feet; thence deflect to
the left at an angle of 90 degrees 00 minutes for a distance of 577 feet to the
southeasterly right-of-way line of said Trunk Highway 39; thence run
southeasterly along said right-of-way line to the point of beginning.
Which lies southeasterly of
a line run parallel with and distant 100 feet southeasterly of the following
described line:
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12725
Beginning
at a point on the west line of Section 33, Township 107 North, Range 45 West, distant
1,623.8 feet North of the southwest corner thereof; thence run northeasterly at
an angle of 39 degrees 49 minutes with said section line for 2,631.4 feet;
thence deflect to the right on a 0 degree 30 minute curve (delta angle 4
degrees 52 minutes) for 973.3 feet; thence on a tangent to said curve for 27.9
feet; thence deflect to the left on a 0 degree 30 minute curve (delta angle 4
degrees 52 minutes) for 973.3 feet; thence on a tangent to said curve for
6,129.0 feet and there terminating.
Containing
11.36 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 39. PUBLIC
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; ROSEAU COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that
is described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Roseau County and is described as: Government Lot 9, Section 30, Township 163 North,
Range 36 West, containing 0.15 acres, more or less.
(d) The
land borders the Warroad River and is not contiguous to other state lands. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
Sec. 40. PUBLIC
OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; ROSEAU COUNTY.
(a)
Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, Roseau 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 appraised value of the land and timber and survey
costs. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c) The
land that may be sold is located in Roseau County and is described as:
(1) that
part of Government Lot 1, Section 4, Township 162 North, Range 36 West, lying
southwesterly of the southwesterly right-of-way of the Canadian National
Railway. Subject to the right-of-way of
State Highway 11. Contains 0.75 acres,
more or less; and
(2) the
South Half of the South Half of the Southeast Quarter of the Northwest Quarter,
Section 34, Township 159 North, Range 39 West, containing 10 acres, more or
less.
(d) The
lands are not contiguous to other state lands.
The Department of Natural Resources has determined that the land is not
needed for natural resource purposes.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12726
Sec. 41. PRIVATE
SALE OF TAX-FORFEITED LAND; ROSEAU COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, Roseau 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 Roseau County and is described as: the Northwest Quarter of the Northeast
Quarter and the Southeast Quarter of the Southeast Quarter, Section 20,
Township 163, Range 36.
(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. 42. 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
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy.
(c) The
land to be sold is located in St. Louis County and is described as:
(1) Lot 90,
Block 75, Duluth Proper Third Division, except the West six feet of the South
50 feet of the West Half, Section 28, Township 50 North, Range 14 West;
(2) the
northerly 100 feet of the Southwest Quarter of the Southwest Quarter, except
the westerly 233 feet, and except the easterly 1,037 feet, Section 14, Township
51 North, Range 13 West;
(3) the
South 150 feet of the Northeast Quarter of the Southeast Quarter, Section 5,
Township 55 North, Range 18 West;
(4) the West
33 feet of the North 208 feet of the South 1,040 feet of the Northwest Quarter
of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
(5) the
North 45.27 feet of the South 1,085.27 feet of the West 449 feet of the
Northwest Quarter of the Northeast Quarter, Section 7, Township 60 North, Range
13 West;
(6) the
West 33 feet of the North 208 feet of the South 832 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
(7) the
West 33 feet of the North 208 feet of the South 624 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
(8) the
West 33 feet of the South 416 feet of the Northwest Quarter of the Northeast Quarter,
Section 7, Township 60 North, Range 13 West; and
(9) part of
the South Half of the Southwest Quarter, Section 20, Township 58 North, Range
15 West.
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Top of Page 12727
(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. 43. 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
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy.
(c) The land
to be sold is located in St. Louis County and is described as:
(1) Lot 4,
Block 4, Greenwood Beach, town of Duluth, Section 19, Township 51 North, Range
12 West;
(2)
beginning at the southwest corner of Lot 4, running thence East 450 feet;
thence North 200 feet; thence West 450 feet; thence South along the section
line 200 feet to the point of beginning, except the northerly 40 feet, Section
7, Township 54 North, Range 19 West;
(3) the South
560 feet of the East 300 feet of the Northeast Quarter of the Southeast
Quarter, except the highway right-of-way and except the North 315 feet, Section
22, Township 61 North, Range 20 West;
(4) an
undivided 1/24 interest in the Southeast Quarter of the Northwest Quarter,
Section 8, Township 50 North, Range 18 West;
(5) an
undivided 2/15 interest in the Southwest Quarter of the Northwest Quarter,
Section 20, Township 50 North, Range 18 West;
(6) an undivided
1/3 interest in the Southwest Quarter of the Southeast Quarter, Section 21,
Township 50 North, Range 18 West;
(7) an
undivided 1/45 interest in the Northeast Quarter of the Southeast Quarter,
Section 29, Township 50 North, Range 18 West;
(8) an
undivided 1/12 interest in the Northeast Quarter of the Northwest Quarter,
Section 25, Township 50 North, Range 19 West;
(9) an
undivided 1/12 interest in the Southeast Quarter of the Northwest Quarter,
Section 25, Township 50 North, Range 19 West;
(10) an
undivided 1369/68040 interest in Lot 8, except the railway right-of-way,
Section 28, Township 51 North, Range 18 West; and
(11) that
part of the Southeast Quarter of the Northeast Quarter of Section 10, Township
63 North, Range 18 West, St. Louis County, Minnesota, described as
follows:
Assuming the
northeast line of Lot 9 in the plat of MANNIKKO (PINE RIDGE) to bear North 54
degrees 11 minutes 00 seconds West, and COMMENCING from the most northerly corner
of said Lot 9 run North 28 degrees 12 minutes 30 seconds East, a distance of
107.39 feet; thence South 28 degrees 12 minutes 30 seconds West, a distance of
28.19 feet; thence South 86 degrees 24 minutes 10 seconds West, a distance of
82.17 feet; thence South
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12728
77 degrees
07 minutes 31 seconds West, a distance of 77.70 feet; thence South 82 degrees
40 minutes 33 seconds West, a distance of 83.09 feet; thence South 71 degrees
26 minutes 45 seconds West, a distance of 190.55 feet; thence North 70 degrees
55 minutes 26 seconds West, a distance of 76.14 feet to a point on a
nontangential curve, the center of which bears North 35 degrees 10 minutes 49
seconds West, being also a point on the east right-of-way of "Phillips
Road" as it exists in January of 1995; thence northerly along said east
right-of-way, on said nontangential curve, concave to the West, central angle
of 88 degrees 57 minutes 37 seconds, radius of 90.00 feet, a distance of 139.74
feet; thence North 34 degrees 08 minutes 26 seconds west, along said east right-of-way,
a distance of 105.00 feet to a tangential curve; thence northerly along said
east right-of-way on said tangential curve, concave to the East, central angle
69 degrees 38 minutes 31 seconds, radius 68.00 feet, a distance of 82.65 feet
to a point of reverse curve; thence northerly along said east right-of-way, on
said reverse curve, concave to the West, central angle of 18 degrees, more or
less, radius of 116.25 feet, a distance of 36.5 feet, more or less, to the
south line of said Southeast Quarter of the Northeast Quarter and the POINT OF
BEGINNING of the land being described; thence northerly, continuing along said
curve, a distance of 96.2 feet; thence North 29 degrees 54 minutes 20 seconds
West, tangent to said curve and along said east right-of-way, a distance of
16.32 feet; thence South 89 degrees 42 minutes 44 seconds East, a distance of
943.3 feet, more or less, to the east line of said Southeast Quarter of the
Northeast Quarter; thence southerly, along said east line, a distance of 30 feet,
more or less, to the shore of Lake Vermilion; thence southerly, along said
shore, a distance of 100 feet, more or less, to the south line of said
Southeast Quarter of the Northeast Quarter; thence westerly, along said south
line, a distance of 880 feet, more or less, to the POINT OF BEGINNING. Containing 2.5 acres, more or less.
(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. 44. 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
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions 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. The easements
shall be up to 200 feet in width, lying 100 feet, to the extent possible given
the location of property lines, on each side of the centerline of the
designated trout stream to provide riparian protection and angler access.
(c) The land
to be sold is located in St. Louis County and is described as:
(1) Lot 22,
Block 1, Wonderland 1st Addition, town of Duluth, except the highway
right-of-way and including part of the adjacent vacated road, Section 17,
Township 51 North, Range 12 West; and
(2) that
part of the southerly 135 feet of the northerly 543 feet of the Northwest
Quarter of the Southwest Quarter lying East of the westerly 968 feet and West
of the Sucker River, Section 30, Township 52 North, Range 12 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 45. 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.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12729
(b) The conveyances must be
in a form approved by the attorney general.
The attorney general may make changes to the land descriptions to
correct errors and ensure accuracy.
(c) The land to be sold is
located in St. Louis County and is described as:
(1) the East Half of the
Northwest Quarter of the Northeast Quarter of the Northwest Quarter, Section
25, Township 51 North, Range 14 West, subject to an existing easement;
(2) the North 407 feet of
that part of Lot 4 lying South of the east and west centerline of Section 20,
Section 20, Township 51 North, Range 16 West;
(3) Lots 1, 2, and 3, Childs
Birch Grove Tracts, Grand Lake, Section 20, Township 51 North, Range 16 West;
(4)
Lots 28 and 29, Briar Lake Shores 3rd Addition, North Star, Section 15,
Township 53 North, Range 13 West; and
(5) the
East Half of the Southeast Quarter of the Northwest Quarter, Section 26,
Township 60 North, Range 17 West.
(d) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 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 (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyances must be
in a form approved by the attorney general.
The attorney general may make changes to the land descriptions 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. The easements shall be up to 200 feet in
width, lying 100 feet, to the extent possible given the location of property lines,
on each side of the centerline of the designated trout stream to provide
riparian protection and angler access.
For the parcels described in paragraph (c), clauses (6) and (7), a
33-foot strip across the easement shall be allowed for road access and
utilities.
(c) The land to be sold is
located in St. Louis County and is described as:
(1) the Southwest Quarter of
the Southeast Quarter, except 4.56 acres for a road and except that part lying
South and West of Highway 2, Section 8, Township 50 North, Range 16 West;
(2) the East Half of the
Northeast Quarter of the Northwest Quarter, except the railway right-of-way and
except the highway right-of-way, Section 17, Township 51 North, Range 12 West;
(3) the West Half of the
Northwest Quarter of the Northeast Quarter of the Northwest Quarter, Section
25, Township 51 North, Range 14 West;
(4) the West Half of the
Southwest Quarter of the Northeast Quarter of the Northwest Quarter, Section
25, Township 51 North, Range 14 West;
(5) the West five acres of
the South 15 acres of the North 30 acres of the Northeast Quarter of the
Southeast Quarter, Section 27, Township 51 North, Range 14 West;
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12730
(6) the East
Half of the Southeast Quarter of the Southeast Quarter of the Northwest
Quarter, Section 27, Township 51 North, Range 14 West; and
(7) the East
Half of the Northwest Quarter of the Southeast Quarter of the Northwest
Quarter, except the West 25 feet, Section 27, Township 51 North, Range 14 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 47. 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
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions 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. The easements
shall be 150 feet in width, lying 75 feet on each side of the centerline of the
stream to provide riparian protection and angler access. For the parcel described in paragraph (c),
clause (4), a 33-foot strip across the easement shall be allowed for road
access and utilities.
(c) The land
to be sold is located in St. Louis County and is described as:
(1) the
Northwest Quarter of the Southeast Quarter, except the North Half, Section 15,
Township 50 North, Range 15 West;
(2) the
Southeast Quarter of the Northeast Quarter, Section 19, Township 53 North,
Range 20 West;
(3) the
westerly 330 feet of the South Half of the Northwest Quarter of the Southwest
Quarter, Section 11, Township 56 North, Range 20 West; and
(4) the
Southwest Quarter of the Southwest Quarter, except the South Half of the
Southwest Quarter of the Southwest Quarter and except the North ten acres,
Section 34, Township 50 North, Range 15 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 48. 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
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions 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. For the parcel
described in paragraph (c), clause (1), the easement must be 100 feet in width
from the centerline of the designated trout stream to provide riparian
protection and angler access. For the
parcel described in paragraph (c), clause (2), the easement must be 200 feet in
width from the centerline of the stream to provide riparian protection and
angler access.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12731
(c) The land to be sold is
located in St. Louis County and is described as:
(1) Lots
511 through 515, Homecroft Park, town of Rice Lake, Section 34, Township 51
North, Range 14 West; and
(2) that part of the Lot 2
lying East of a line parallel with and 150 feet East of the centerline of the
Duluth, Missabe and Iron Range Railway, Section 17, Township 51 North, Range 17
West.
(d) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 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 buildings, structures, tree
cutting, removal of vegetation, and shoreland alterations within an area 100
feet in width, lying 50 feet on each side of the centerline of streams that are
tributaries to the Sand River.
(c) The land to be sold is
located in St. Louis County and is described as: the North 416 feet of the East 416 feet of
the Southwest Quarter of the Southwest Quarter, Section 10, Township 59 North,
Range 17 West.
(d) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 50. 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 adjacent to a parcel described as: that part of the Northeast Quarter of the
Southwest Quarter beginning on the east line at the southerly road right-of-way;
thence southerly along the east line 760.07 feet; thence South 89 degrees 3
minutes 23 seconds West 290 feet; thence North 1 degree 12 minutes 54 seconds
East 764.79 feet; thence East along the southerly road right-of-way 290 feet to
the point of beginning, Section 20, Township 58 North, Range 15 West. St. Louis County shall sell an adjoining
amount of land, determined by the county to rectify an inadvertent
trespass. The sale will ensure that the
buildings causing the inadvertent trespass will meet all setback requirements.
(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 SURPLUS STATE LAND; WADENA COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell by public sale the surplus land described in paragraph (c) and direct the
net proceeds to the general fund.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12732
(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 Wadena County and is described as: the Southwest Quarter of the Southeast
Quarter of Section 28, Township 138 North, Range 33 West, containing 40 acres,
more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 52. PRIVATE
SALE OF SURPLUS STATE LAND; WASHINGTON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Washington County and is described as:
(1) that
part of the Northwest Quarter of the Northwest Quarter of Section 19, Township
32, Range 21, lying South of the centerline of Highway 97; and
(2) that
part of the Southwest Quarter of Section 19, Township 32 North, Range 21 West,
Washington County, Minnesota, described as follows: beginning at the southwest corner of said
Southwest Quarter; thence on an assumed bearing of South 89 degrees 50 minutes
33 seconds East along the south line of said Southwest Quarter 1555.59 feet;
thence North 11 degrees 40 minutes 58 seconds East 720.70 feet; thence North 53
degrees 20 minutes 40 seconds West 436.77 feet; thence North 45 degrees 10
minutes 18 seconds West 222.72 feet to the southerly boundary of the recorded
plat of BASSWOOD ESTATES, on file and of record in the Office of the County
Recorder; thence westerly along the southerly boundary of said BASSWOOD ESTATES
to the southwesterly corner thereof; thence northerly along the westerly
boundary of said BASSWOOD ESTATES to the most northerly corner of Lot 2 of
Block 3 of said BASSWOOD ESTATES; thence westerly to a point on the west line
of said Southwest Quarter 407.50 feet southerly of the northwest corner of said
Southwest Quarter; thence South 00 degrees 23 minutes 19 seconds East along the
west line of said Southwest Quarter 2238.63 feet to the point of beginning.
These
parcels contain 57.2 acres, more or less.
(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 a local unit of
government. A local unit of government
would like to use these parcels as wetland mitigation sites.
Sec. 53. PRIVATE
SALE OF SURPLUS STATE LAND; WASHINGTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c).
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell the surplus land described in paragraph (c) and
direct the net proceeds to the general fund.
(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.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12733
(c) The
land that may be sold is located in Washington County and is described as: the West 750 feet of the East 1,130.6 feet of
the North 786.72 feet of the Northwest Quarter of the Northeast Quarter of
Section 15, Township 29 North, Range 20 West, containing 13.5 acres, more or
less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes. The state's
land management interests would best be served if the land was sold to an
adjacent landowner, as the property described in paragraph (c) does not have
legal access to a public road.
Sec. 54. PRIVATE
SALE 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 sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyance must be in a form approved by the attorney general for the fair
market value of the land. 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 Washington County and is described as:
(1) Parcel
A (PIN 29.031.19.22.0001): Section 29,
Township 31, Range 19, Government Lot 5;
(2) Parcel
B (PIN 20.031.19.22.0001): Section 20,
Township 31, Range 19, Government Lot 5;
(3) Parcel
C (PIN 17.031.19.32.0001): Section 17,
Township 31, Range 19, Government Lot 4;
(4) Parcel
D (PIN 18.032.19.11.0001): Section 18,
Township 32, Range 19, Government Lot 2; and
(5) Parcel
E (PIN 18.032.19.14.0001): Section 18,
Township 32, Range 19, Government Lot 3.
(d) The
county has determined that the county's land management interests would best be
served if the lands were sold to the United States of America and managed by
the National Park Service.
Sec. 55. PRIVATE
SALE 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 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 Washington County and is described as: Parcel A (PIN 09.032.21.43.0070): Lot 8, Block 3, excepting therefrom the East
200 feet thereof of Skoglund's Park Addition, as surveyed and platted and now
on file and of record in the Office of the Registrar of Titles of said County
of Washington, State of Minnesota.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12734
(d) The sale would be to an
adjacent landowner and the Department of Natural Resources has determined that
the land is not appropriate for the department to manage. The county may split the parcel described in
paragraph (c), as allowed in Minnesota Statutes, section 282.01, and sell the
resulting parcels if the county finds a split to be advantageous for the
purpose of sale.
Sec. 56. PUBLIC
SALE OF SURPLUS STATE LAND; WILKIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell by public sale the surplus land described in paragraph (c) and direct the
net proceeds to the general fund.
(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 Wilkin County and is described as: that part of the West Half of the Northeast
Quarter of Section 11, Township 136 North, Range 48 West, described as follows:
Beginning at a point on the
north and south quarter line of said Section 11, distant 1,470 feet North of
the center thereof; thence run southerly along said north and south quarter
line for a distance of 700 feet; thence deflect to the left at an angle of 90
degrees 00 minutes for 150 feet; thence deflect to the left at an angle of 90
degrees 00 minutes for 700 feet; thence deflect to the left on an angle of 90
degrees 00 minutes for 150 feet to the point of beginning.
Together with the westerly
33 feet of the southerly 770 feet of the Southwest Quarter of the Northeast
Quarter of said Section 11, to be used for road purposes.
Containing 3.00 acres, more
or less.
(d) The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 57. CONVEYANCE
OF DRAINAGE DISTRICT LAND; WINONA COUNTY.
The Rushford Area Drainage
and Conservancy District, established by order of the Tenth Judicial District
Court on February 20, 1953, was terminated on January 1, 1988, by Laws 1987,
chapter 239, section 140. The land that
was owned by the Rushford Area Drainage and Conservancy District in Winona
County is now owned by the state of Minnesota and is hereby transferred to the
commissioner of natural resources for administration and management for
conservation purposes.
Sec. 58. EFFECTIVE
DATE.
Sections 13 to 57 are
effective the day following final enactment."
Delete the title and insert:
"A bill for an act
relating to natural resources; modifying aquaculture provisions; modifying provisions
for taking, possessing, and transporting wild animals; modifying requirements
for fish and wildlife management plans; modifying game and fish license
provisions; modifying method of determining value of acquired stream easements;
providing for designation of certain state forest boundaries; modifying state
forest acquisition provisions; permitting the exchange of riparian lands within
the Boundary Waters Canoe Area Wilderness; establishing a moratorium on public
access development for public waters without a public access; adding to and
deleting from state parks and state forests; providing for disposition of
certain proceeds; authorizing and modifying public and private sales,
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12735
conveyances, and exchanges
of certain state land; amending Minnesota Statutes 2008, sections 17.4982,
subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994;
84.0272, subdivision 2; 84.942, subdivision 1; 84D.03, subdivision 3; 84D.11,
subdivision 2a; 85.012, subdivision 40; 89.021, by adding a subdivision;
89.032, subdivision 2; 94.342, by adding a subdivision; 97A.015, subdivision
52; 97A.101, subdivision 3; 97A.141, subdivision 1; 97A.311, subdivision 5;
97A.331, subdivision 4; 97A.345; 97A.405, subdivision 2; 97A.421, subdivision
4a; 97A.433, by adding a subdivision; 97A.435, subdivisions 1, 4; 97A.502;
97A.535, subdivision 2a; 97A.545, subdivision 5; 97B.015, subdivision 5a;
97B.022, subdivision 2; 97B.031, subdivision 5; 97B.075; 97B.106, subdivision
1; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.911; 97B.915;
97B.921; 97B.925; 97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205;
97C.315, subdivision 1; 97C.341; Minnesota Statutes 2009 Supplement, sections
84.95, subdivision 2; 97A.445, subdivision 1a; 97B.055, subdivision 3; 97B.811,
subdivision 3; Laws 2009, chapter 176, article 4, section 9; proposing coding
for new law in Minnesota Statutes, chapters 17; 97B; 348; repealing Minnesota Statutes
2008, sections 84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5; 97B.511;
97B.515, subdivision 3; 97B.811, subdivision 4."
The motion prevailed and the amendment was
adopted.
Koenen, Rukavina, Westrom, Falk, Eken,
Faust, Zellers, Hoppe, Otremba, Juhnke and Anderson, P., offered an amendment
to S. F. No. 2900, the third engrossment, as amended.
POINT OF ORDER
Hortman raised a point of order pursuant
to rule 3.21 that the Koenen et al amendment was not in order. Speaker pro tempore Juhnke ruled the point of
order well taken and the Koenen et al amendment out of order.
Brod appealed the decision of Speaker pro
tempore Juhnke.
A roll call was requested and properly
seconded.
The vote was taken on the question "Shall
the decision of Speaker pro tempore Juhnke stand as the judgment of the
House?" and the roll was called.
There were 77 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Dittrich
Doty
Emmer
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12736
Those who
voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Doepke
Downey
Drazkowski
Eastlund
Eken
Falk
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hoppe
Howes
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Thao
Torkelson
Urdahl
Westrom
Zellers
So it was the judgment of the House that
the decision of Speaker pro tempore Juhnke should stand.
Falk, Dill,
Howes, Sailer, Doty, Anzelc, Olin, Koenen and Eken moved to amend
S. F. No. 2900, the third engrossment, as amended, as follows:
Page 15,
after line 21, insert:
"Sec. 34. Minnesota Statutes 2008, section 97B.667, is
amended to read:
97B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY ROAD
AUTHORITIES.
When a drainage
watercourse is impaired by a beaver dam and the water damages or threatens to
damage a public road, the road authority, as defined in section 160.02,
subdivision 25, may remove the impairment and any associated beaver lodge
within 300 feet of the road. Notwithstanding
any law to the contrary, the road authority may remove or kill or arrange to
have removed or killed by any lawful means a beaver associated with the
lodge. A road authority that kills or
arranges to have killed a beaver under this section must notify a conservation
officer or employee of the Wildlife Division within ten days after the animal
is killed. A road authority may, after
consultation with the Wildlife Division and the Board of Water and Soil
Resources, implement a local beaver control program designed to reduce the
number of incidents of beaver interfering with or damaging a public road. The local control program may include the
offering of a bounty for the lawful taking of beaver."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Drazkowski
moved to amend S. F. No. 2900, the third engrossment, as
amended, as follows:
Page 21,
after line 13, insert:
"Sec. 5. [94.015]
NO NET GAIN OF STATE-OWNED LAND.
No state
department or agency may acquire a fee title interest in land by gift,
purchase, or eminent domain if the acquisition results in a net gain of land
owned by the state, according to the inventory of state-owned land maintained
under section 16B.245."
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12737
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 Drazkowski
amendment and the roll was called. There
were 30 yeas and 99 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Holberg
Kelly
Kiffmeyer
Kohls
Lanning
Mack
Nornes
Olin
Peppin
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Thao moved
to amend S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 12,
after line 21, insert:
"Sec. 27. [97B.037]
SPEAR HUNTING DURING BIG GAME FIREARM SEASONS.
A person may
take big game by spear during the respective big game firearm season. A person taking big game by spear under this
section must have a valid firearms license to take the respective big game."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12738
Huntley moved to amend the Thao amendment
to S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 1, line 4, after "SPEAR" insert "OR AX"
Page 1, line 6, after "spear"
insert "or ax"
Page 1, line 7, after "spear"
insert "or ax"
The motion prevailed and the amendment to
the amendment was adopted.
The question recurred on the Thao
amendment, as amended, to S. F. No. 2900, the third engrossment,
as amended. The motion prevailed and the
amendment, as amended, was adopted.
Dittrich
and Abeler moved to amend S. F. No. 2900, the third engrossment,
as amended, as follows:
Page 19,
after line 12, insert:
"Sec. 45. Minnesota Statutes 2009 Supplement, 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 located outside or partially within
the Boundary Waters Canoe Area, from January 15 to March 31;
(4) for the
winter season for lake trout on all lakes located entirely within the Boundary
Waters Canoe Area, from January 1 to March 31;
(5) 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;
(6) for the
winter season for brown trout, brook trout, rainbow trout, and splake on all
lakes, from January 15 to March 31; and
(7) 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.
(c) The
commissioner shall close the season for taking smallmouth bass until the Monday
following the third Sunday in June each year in the following areas:
(1) that
part of the Rum River from the city of Anoka dam to the confluence with the
Mississippi River;
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12739
(2) that
part of Elm Creek below the Mill Pond Falls to the confluence with the
Mississippi River;
(3) that
part of the Mississippi River within 100 yards both upstream and downstream of
the shoreline of Elm Creek at its confluence with the Mississippi River; and
(4) that
part of the Mississippi River from the Coon Rapids Dam to State Highway
No. 610."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Drazkowski
moved to amend S. F. No. 2900, the third engrossment, as
amended, as follows:
Page 27,
after line 8, insert:
"Sec. 13. SALE
OF AGRICULTURAL LEASED LANDS.
Notwithstanding
any other law to the contrary, the commissioner of natural resources shall sell
all state-owned lands with active agricultural leases, and deposit the amount
that exceeds the actual expenses of selling the land in the general fund unless
otherwise prohibited under the Minnesota Constitution, article XI, section 8 or
10. The parcels shall be sold no later
than July 1, 2011. Parcels within the
boundaries of a state park or scientific and natural area are excepted from
this section."
Page 60,
line 24, delete "57" and insert "58"
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.
Drazkowski
moved to amend S. F. No. 2900, the third engrossment, as
amended, as follows:
Page 60,
after line 22, insert:
"Sec. 58. LAND
REPORT.
On or before
January 2, 2011, the commissioner of natural resources shall submit a report to
the chairs and ranking minority members of the environment committees in both the
house of representatives and senate outlining the annual net increases or
decreases in state land ownership. The
report must include land statistics for years 2001 through 2010. The cost for the report must be paid out of
the agency's operating budget."
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.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12740
McNamara
moved to amend S. F. No. 2900, the third engrossment, as
amended, as follows:
Page 19,
delete section 47
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.
Johnson was excused between the hours of
5:05 p.m. and 8:35 p.m.
Dill moved
to amend S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 19,
after line 23, insert:
"Sec. 47. SPECIAL
REGULATIONS; FISH LAKE RESERVOIR; ST. LOUIS COUNTY.
By March 1,
2011, the commissioner of natural resources shall adopt special regulations for
Fish Lake Reservoir in St. Louis County under Minnesota Statutes, section
97C.005. The special regulations shall
be effective beginning with the 2011 fishing season."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Torkelson
and Urdahl moved to amend S. F. No. 2900, the third engrossment,
as amended, as follows:
Page 60,
after line 22, insert:
"Sec. 58. FORT
RIDGELY OFFICE BUILDING.
The
Department of Natural Resources is prohibited from constructing or relocating
an office building within the confines of Fort Ridgely until July 2, 2012."
Page 60,
line 23, delete "58" and insert "59"
Page 60,
after line 37, after the semicolon, insert "prohibiting construction or
relocation of certain buildings;"
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.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12741
MOTION FOR RECONSIDERATION
Carlson moved that the vote whereby the Thao amendment, as
amended by the Huntley amendment, to S. F. No. 2900, the third
engrossment, as amended, was adopted earlier today be now reconsidered. The motion prevailed.
The Thao amendment, as amended by the Huntley amendment, to
S. F. No. 2900, the third engrossment, as amended, was again before
the House.
MOTION FOR RECONSIDERATION
Carlson moved that the vote whereby the Huntley amendment to
the Thao amendment to S. F. No. 2900, the third engrossment, as
amended, was adopted earlier today be now reconsidered. The motion prevailed.
The Huntley amendment to the Thao amendment to
S. F. No. 2900, the third engrossment, as amended, was again
reported to the House and reads as follows:
Page 1, line 4, after "SPEAR" insert "OR AX"
Page 1, line 6, after "spear" insert "or
ax"
Page 1, line 7, after "spear" insert "or
ax"
The motion did not prevail and the amendment to the amendment
was not adopted.
The Thao amendment to S. F. No. 2900, the third
engrossment, as amended, was again reported to the House and reads as follows:
Page 12, after line 21,
insert:
"Sec. 27. [97B.037]
SPEAR HUNTING DURING BIG GAME FIREARM SEASONS.
A person may take big game
by spear during the respective big game firearm season. A person taking big game by spear under this
section must have a valid firearms license to take the respective big game."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
MOTION TO LAY ON THE TABLE
Kohls moved that S. F. No. 2900, as amended, be
laid on the table.
A roll call was requested and properly seconded.
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12742
The question was taken on the Kohls motion and the roll was
called. There were 39 yeas and 92 nays
as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hamilton
Holberg
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail.
The question recurred on the Thao amendment to
S. F. No. 2900, the third engrossment, as amended. The motion prevailed and the amendment was
adopted.
S. F. No. 2900, A bill for an act relating to
natural resources; modifying aquaculture provisions; modifying disposal
restrictions for certain livestock taken by wild animals; modifying provisions
for taking, possessing, and transporting wild animals; modifying requirements
for fish and wildlife management plans; modifying game and fish provisions;
modifying game and fish license requirements and fees for youths; increasing
certain fishing license fees; modifying certain requirements for invasive
species control; modifying certain administrative accounts; modifying
electronic transaction provisions; providing for certain registration
exemptions; modifying all-terrain vehicle definitions; modifying all-terrain
vehicle operation restrictions; modifying state trails and canoe and boating
routes; modifying fees and disposition of certain receipts; modifying certain
competitive bidding exemptions; modifying horse trail pass provisions;
modifying beaver dam provisions; modifying the Water Law; modifying nongame
wildlife check offs; modifying method of determining value of acquired stream
easements; providing for certain historic property exemption; modifying adding
to and deleting from state parks and state forests; authorizing public and
private sales, conveyances, and exchanges of certain state land; providing
exemptions from rulemaking and requiring rulemaking; providing criminal
penalties; appropriating money; amending Minnesota Statutes 2008, sections
17.4982, subdivision 12, by adding a subdivision; 17.4991, subdivision 3;
17.4994; 35.82, subdivision 2; 84.025, subdivision 9; 84.027, subdivision 15;
84.0272, subdivision 2; 84.0856; 84.0857; 84.82, subdivision 3, by
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12743
adding a subdivision; 84.92,
subdivisions 9, 10; 84.922, subdivision 5, by adding a subdivision; 84.925,
subdivision 1; 84.942, subdivision 1; 84D.03, subdivision 3; 84D.13,
subdivision 3; 85.012, subdivision 40; 85.015, subdivision 14; 85.22,
subdivision 5; 85.32, subdivision 1; 85.43; 85.46, as amended; 86B.101; 89.032,
subdivision 2; 97A.015, subdivision 52, by adding a subdivision; 97A.055,
subdivision 4b; 97A.101, subdivision 3; 97A.145, subdivision 2; 97A.311, subdivision
5; 97A.331, by adding subdivisions; 97A.420, subdivisions 2, 3, 4, 6, by adding
a subdivision; 97A.421, subdivision 4a, by adding a subdivision; 97A.433, by
adding a subdivision; 97A.435, subdivision 1; 97A.445, subdivision 5; 97A.451,
subdivision 3; 97A.475, subdivisions 3a, 4, 43, 44; 97A.535, subdivision 2a;
97A.545, subdivision 5; 97B.015; 97B.020; 97B.021, subdivision 1; 97B.022,
subdivision 2; 97B.031, subdivision 5; 97B.045, by adding a subdivision;
97B.075; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.301, subdivisions
3, 6; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.601, subdivision
4; 97B.665, subdivision 2; 97B.711, by adding a subdivision; 97B.803; 97C.005,
subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.341; 103A.305; 103G.271,
subdivision 3; 103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305,
subdivision 2; 103G.315, subdivision 11; 103G.515, subdivision 5; 290.431;
290.432; Minnesota Statutes 2009 Supplement, sections 84.928, subdivision 1;
84.95, subdivision 2; 85.015, subdivision 13; 86A.09, subdivision 1; 97A.075,
subdivision 1; 97A.445, subdivision 1a; 97A.451, subdivision 2; 97A.475,
subdivisions 2, 3; 97B.055, subdivision 3; 97C.395, subdivision 1; 103G.201;
Laws 2008, chapter 368, article 1, section 34, as amended; Laws 2009, chapter
176, article 4, section 9; proposing coding for new law in Minnesota Statutes,
chapters 17; 84D; 85; 97B; 97C; 103G; repealing Minnesota Statutes 2008,
sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 84.942, subdivisions 2, 3,
4; 97A.435, subdivision 5; 97A.451, subdivisions 3a, 4; 97A.485, subdivision
12; 97B.022, subdivision 1; 97B.511; 97B.515, subdivision 3; 97B.665,
subdivision 1; 97C.346; 103G.295; 103G.650; Minnesota Statutes 2009 Supplement,
sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws 2009, chapter 172,
article 5, section 8.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 121 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Obermueller
Olin
Otremba
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Sailer
Sanders
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12744
Those who voted in the negative were:
Buesgens
Emmer
Greiling
Hausman
Lenczewski
Norton
Peppin
Ruud
Scalze
Scott
The bill was passed, as amended, and its
title agreed to.
Pursuant to rule 1.22, Solberg requested
immediate consideration of S. F. No. 3361.
S. F. No. 3361 was reported
to the House.
Jackson moved to amend
S. F. No. 3361, the first engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 3786, the
first engrossment:
"Section 1. [513.73] DEFINITIONS.
Subdivision 1.
Application. As used in sections 513.73 to 513.76,
the following terms have the meanings given in this section.
Subd. 2.
Transfer. "Transfer" means the sale,
grant, gift, conveyance, assignment, inheritance, or other transfer of an ownership
interest in real property located in this state.
Subd. 3.
Private transfer fee. "Private transfer fee" means
a fee or charge required by a private transfer fee obligation and payable upon
the transfer of an interest in real property, or payable for the right to make
or accept the transfer, regardless of whether the fee or charge is a fixed
amount or is determined as a percentage of the value of the property, the
purchase price, or other consideration given for the transfer. The following are not private transfer fees
for purposes of this section:
(1) consideration payable by the grantee to the grantor for
the interest in real property being transferred, including any subsequent
additional consideration for the property payable by the grantee based upon any
subsequent appreciation, development, or sale of the property, provided that
the additional consideration is payable on a onetime basis only, and the
obligation to make the payment does not bind successors in title to the
property. For the purposes of this
clause, an interest in real property may include a separate mineral estate and
its appurtenant surface access rights;
(2) commission payable to a licensed real estate broker for
the transfer of real property pursuant to an agreement between the broker and
the grantor or the grantee, including any subsequent additional commission for
that transfer payable by the grantor or the grantee based upon any subsequent
appreciation, development, or sale of the property;
(3) interest, charges, fees, or other amounts payable by a
borrower to a lender pursuant to a loan secured by a mortgage against real
property, including but not limited to a fee payable to the lender for
consenting to an assumption of the loan or a transfer of the real property subject
to the mortgage, fees, or charges payable to the lender for estoppel letters or
certificates, and shared appreciation interest or profit participation or other
consideration and payable to the lender in connection with the loan;
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12745
(4) rent, reimbursement, charge, fee, or other amount payable by
a lessee to a lessor under a lease, including but not limited to a fee payable
to the lessor for consenting to an assignment, subletting, encumbrance, or
transfer of the lease;
(5) consideration payable to the holder of an option to
purchase an interest in real property or the holder of a right of first refusal
or first offer to purchase an interest in real property for waiving, releasing,
or not exercising the option or right upon the transfer of the property to
another person;
(6) consideration payable by a contract for deed vendee to the
vendor pursuant to the terms of a recorded contract for deed, including any
subsequent additional consideration for the property payable by the vendee
based upon any subsequent appreciation, development, or sale of the property;
(7) a tax, fee, charge, assessment, fine, or other amount
payable to or imposed by a governmental authority;
(8) a fee, charge, assessment, fine, or other amount payable
to a homeowner's condominium, cooperative, mobile home, or property owner's
association pursuant to a declaration or covenant or law applicable to the
association, including but not limited to fees or charges payable for estoppel
letters or certificates issued by the association or its authorized agent;
(9) a fee, a charge, an assessment, dues, a contribution, or
other amount pertaining to the purchase or transfer of a club membership
relating to real property owned by the member, including but not limited to any
amount determined by reference to the value, purchase price, or other
consideration given for the transfer of the real property; and
(10) a mortgage from the purchaser of real property granted to
the seller or to a licensed real estate broker.
Subd. 4.
Private transfer fee
obligation. "Private
transfer fee obligation" means a declaration or covenant recorded or filed
against the title to real property, or any other contractual agreement or
promise, whether or not recorded or filed, that requires or purports to require
the payment of a private transfer fee to the declarant or other person
specified in the declaration, covenant, or agreement, or to their successors or
assigns, upon a subsequent transfer of an interest in the real property.
Sec. 2. [513.74] PROHIBITION.
A private transfer fee obligation recorded, filed, or entered
into in this state on or after the effective date of this section does not run
with the title to real property and is not binding on or enforceable at law or
in equity against any subsequent owner, purchaser, or mortgagee of any interest
in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is
recorded, filed, or entered into in this state on or after the effective date
of this section is void and unenforceable.
This section does not require that a private transfer fee obligation
recorded, filed, or entered into in this state before the effective date of
this section is presumed valid and enforceable.
It is the public policy of this state that no private transfer fee
obligation should be valid or enforceable whenever entered into, recorded, or
filed.
Sec. 3. [513.75] LIABILITY FOR VIOLATION.
A person who records or files or enters into an agreement
imposing a private transfer fee obligation in the person's favor after the effective
date of this section shall be liable for (1) any and all damages resulting from
the imposition of the transfer fee obligation on the transfer of an interest in
the real property, including, without limitation, the amount of any transfer
fee paid by a party to the transfer, and (2) all attorney fees, expenses, and
costs incurred by a party to the transfer or mortgagee of the real property to
recover the transfer fee paid or in connection with an action to quiet title or
register the title or a proceeding subsequent to initial registration. If an agent acts on behalf of a principal to
record or file or secure a private transfer fee obligation, liability shall be
assessed to the principal, but not to the agent.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12746
Sec. 4. [513.76] NOTICE REQUIREMENTS FOR
EXISTING TRANSFER FEE OBLIGATIONS.
Subdivision 1.
Prior obligations. For a private transfer fee obligation
imposed prior to the effective date of this section, the receiver of the fee
shall record or file, prior to December 31, 2010, against the real property
subject to the private transfer fee obligation a separate document with the
county recorder or registrar of titles of the county in which the real property
is located that meets all of the following requirements:
(1) the title of the document shall be "Notice of
Private Transfer Fee Obligation" in at least 14-point boldface type;
(2) the amount, if the fee is a flat amount, or the
percentage of the sales price constituting the cost of the transfer fee, or any
other basis by which the transfer fee is to be calculated;
(3) the date or circumstances under which the private
transfer fee obligation expires, if any;
(4) the purpose for which the funds from the private transfer
fee obligation will be used;
(5) the name of the person or entity to which funds are to be
paid and specific contact information regarding where the funds are to be sent;
(6) the acknowledged signature of the payee; and
(7) the legal description of the real property burdened by
the private transfer fee obligation.
Subd. 2.
Amendments. The person or entity to which the
transfer fee is to be paid may record or file an amendment to the notice of
transfer fee containing new contact information, but the amendment must contain
the information of the notice of transfer fee that it amends and the legal
description of the property burdened by the private transfer fee obligation.
Subd. 3.
Results of noncompliance. (a) If the payee fails to comply fully
with subdivision 1, the grantor of any real property burdened by the private
transfer fee obligation may proceed with the conveyance of any interest in the
real property to any grantee. The
grantor shall be deemed to have acted in good faith and shall not be subject to
any obligations under the private transfer fee obligation, and the real
property thereafter shall be conveyed free and clear of the transfer fee and
private transfer fee obligation.
(b) If the payee fails to provide a written statement of the
transfer fee payable within 30 days of the date of a written request for the
statement sent to the address shown in the notice of transfer fee, then the
grantor, on recording or filing of the affidavit required under subdivision 4,
may convey any interest in the real property to any grantee without payment of
the transfer fee and shall not be subject to any further obligations under the
private transfer fee obligation. The
real property shall be conveyed free and clear of the transfer fee and private
transfer fee obligation.
Subd. 4.
Affidavit requirement. (a) An affidavit stating the facts
enumerated under paragraph (b) must be recorded or filed with the county
recorder or registrar of titles in the county in which the real property is
located prior to or simultaneously with a conveyance pursuant to subdivision 3,
paragraph (a), of real property unburdened by a private transfer fee
obligation. An affidavit filed under
this paragraph must state that the affiant has actual knowledge of the facts in
the affidavit and must include the legal description of the real property
burdened by the private transfer fee obligation, the name of the person
appearing by the record to be the owner of the real property at the time of the
signing of the affidavit, and a reference by recording or filing information to
the instrument of record containing the private transfer fee obligation.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12747
(b) When recorded or filed, an affidavit as described in
paragraph (a) constitutes prima facie evidence that:
(1) a request for the written statement of the transfer fee
payable in order to obtain a release of the fee imposed by the private transfer
fee obligation was sent to the address shown in the notification; and
(2) the entity listed on the notice of transfer fee failed to
provide the written statement of the transfer fee payable within 30 days of the
date of the notice sent to the address shown in the notification.
Sec. 5. Laws 2010,
chapter 238, section 7, is amended to read:
Sec. 7. EFFECTIVE DATE; APPLICATION.
Sections 2 to 6 are effective January 1, 2011. Sections 4 to 6 apply retroactively to child
support judgments, including judgments by operation of law, that have not
expired before January 1, 2011.
Sections 2, 3, 5, and 6 are effective January 1, 2011. Sections 5 and 6 apply retroactively to child
support judgments, including judgments by operation of law, that have not
expired before January 1, 2011. Section
4 is effective July 1, 2011, and applies retroactively to child support
judgments, including judgments by operation of law, that have not expired
before July 1, 2011.
Sec. 6. EFFECTIVE DATE.
Sections 1 to 4 are effective the day following final
enactment."
Delete the title and insert:
"A bill for an act relating to state
regulation; prohibiting real property private transfer fees; modifying
effective date of certain child support provisions; amending Laws 2010, chapter
238, section 7; proposing coding for new law in Minnesota Statutes, chapter
513."
The motion prevailed and the amendment was
adopted.
Jackson
moved to amend S. F. No. 3361, the first engrossment, as
amended, as follows:
Page 5,
delete section 5 and insert:
"Sec. 5. Laws 2010, chapter 238, section 7, is amended
to read:
Sec. 7. EFFECTIVE
DATE; APPLICATION.
Sections 2 to
6 and 3 are effective January 1, 2011. Sections 4 to 6 are effective July 1,
2011, and apply retroactively to child support judgments, including
judgments by operation of law, that have not expired before January July
1, 2011."
The motion prevailed and the amendment was
adopted.
S. F. No. 3361, A bill for
an act relating to real property transfers; prohibiting private transfer fees;
proposing coding for new law in Minnesota Statutes, chapter 513.
The bill was read for the third time, as
amended, and placed upon its final passage.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12748
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed, as amended, and its
title agreed to.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced
his intention to place H. F. No. 2227 on the Fiscal Calendar for
Wednesday, May 12, 2010.
Hortman moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Hortman.
Atkins was excused between the hours of
7:55 p.m. and 9:20 p.m.
Severson was excused between the hours of
7:55 p.m. and 11:00 p.m.
There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12749
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F. No. 3512,
A bill for an act relating to indoor air quality; requiring indoor ice arenas
to have electronic air monitoring devices; requiring that grants to construct
and renovate indoor ice arenas require an electronic air monitoring device in
the facility; requiring reports; amending Minnesota Statutes 2008, sections
144.1222, by adding a subdivision; 240A.09.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
240A.09, is amended to read:
240A.09 PLAN DEVELOPMENT; CRITERIA.
The
Minnesota Amateur Sports Commission shall develop a plan to promote the
development of proposals for new statewide public ice facilities including
proposals for ice centers and matching grants based on the criteria in this
section.
(a) For ice
center proposals, the commission will give priority to proposals that come from
more than one local government unit.
Institutions of higher education are not eligible to receive a grant.
(b) In the
metropolitan area as defined in section 473.121, subdivision 2, the commission
is encouraged to give priority to the following proposals:
(1) proposals
for renovation and indoor air quality improvements at an existing indoor ice
arena;
(2) proposals
for construction of two or more ice sheets in a single new facility;
(2) (3)
proposals for construction of an additional sheet of ice at an existing ice
center;
(3) (4)
proposals for construction of a new, single sheet of ice as part of a sports
complex with multiple sports facilities; and
(4) (5)
proposals for construction of a new, single sheet of ice that will be expanded
to a two-sheet facility in the future.
(c) The
commission shall administer a site selection process for the ice centers. The commission shall invite proposals from
cities or counties or consortia of cities.
A proposal for an ice center must include matching contributions
including in-kind contributions of land, access roadways and access roadway
improvements, and necessary utility services, landscaping, and parking.
(d)
Proposals for ice centers and matching grants must provide for meeting the
demand for ice time for female groups by offering up to 50 percent of prime ice
time, as needed, to female groups. For
purposes of this section, prime ice time means the hours of 4:00 p.m. to 10:00
p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12750
(e) The
location for all proposed facilities must be in areas of maximum demonstrated
interest and must maximize accessibility to an arterial highway.
(f) To the extent
possible, all proposed facilities must be dispersed equitably, must be located
to maximize potential for full utilization and profitable operation, and must
accommodate noncompetitive family and community skating for all ages.
(g) The
commission may also use the money to upgrade current facilities, purchase
girls' ice time, or conduct amateur women's hockey and other ice sport
tournaments.
(h) To the
extent possible, 50 percent of all grants must be awarded to communities in
greater Minnesota.
(i) To the
extent possible, technical assistance shall be provided to Minnesota
communities by the commission on ice arena planning, design, redesign,
renovation of air handling systems, and operation, including the marketing
of ice time.
(j) A grant
for new facilities may not exceed $250,000.
(k) The
commission may make grants for rehabilitation and renovation. A rehabilitation or renovation grant may not
exceed $100,000 $200,000.
Priority must be given to grant applications for indoor air quality
improvements, including zero emission ice resurfacing equipment and
upgrading ventilation systems that include electronic indoor air monitoring and
recording devices. After January 1,
2013, no grant may be made under this paragraph unless the application includes
capital expenditures for indoor air quality improvements that will enable the
facility to comply with indoor air quality standards and any associated rules,
or the applicant provides documentation from the commissioner of health that
the facility is in compliance with those requirements at the time of
application and will continue to be in compliance after the rehabilitation or
renovation is completed. The provisions
of this paragraph also apply to grants made to upgrade current facilities under
paragraph (g).
(l) Grant
money may be used for ice centers designed for sports other than hockey.
(m) Grant
money may be used to upgrade existing facilities to comply with the bleacher
safety requirements of section 326B.112.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 2. INDOOR
ICE ARENAS; RULEMAKING.
The
Department of Health must incorporate the following items into its current
rulemaking governing air quality in indoor ice arenas:
(1)
standards limiting the concentration of carbon monoxide and nitrogen dioxide
must address both acute and chronic exposure, must include a one-hour limit,
and must be reviewed every five years;
(2) recorded
monitoring data from electronic indoor air monitoring devices must be available
to the Department of Health upon request; and
(3)
requirements for indoor ice arenas to take specified corrective measures to
protect public health in response to elevated concentration levels of carbon
monoxide and nitrogen dioxide, as determined by the Department of Health,
including operating ventilation equipment at increased levels or more
frequently, evacuating the arena, and establishing conditions for re-occupancy
of the arena.
EFFECTIVE DATE. This section
is effective the day following final enactment.
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Day - Wednesday, May 12, 2010 - Top of Page 12751
Sec. 3. REPORTS.
By August 1, 2012, and each
year thereafter, the Department of Health must submit a report to the chairs
and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over public health that contains the
following information with respect to indoor air quality in ice arenas for the
preceding calendar year:
(1) a list of on-site
inspections of ice arenas made by the department, including the date of each
inspection;
(2) the list of violations
of indoor air quality standards, reporting requirements, or other requirements
of Minnesota Rules, chapter 4620, by ice arenas;
(3) a list of enforcement actions
taken against violators listed in clause (2), or any other actions taken to
return violators to compliance;
(4) the number of
certificates of approval the commissioner of health refused to issue due to
insufficient documentation of maintenance of acceptable air quality conditions;
(5) the number of
certificates of approval suspended, revoked, or reinstated by the commissioner
due to violations of air quality rules; and
(6) the number of variances
to air quality rules granted to ice arenas by the commissioner of health.
The department must also
post the information in clauses (1) to (6) on its Web site.
EFFECTIVE DATE. This section is effective the day following final
enactment."
Amend the title accordingly
With the recommendation that
when so amended the bill pass.
The report was adopted.
Carlson from the Committee
on Finance to which was referred:
S. F. No. 2629,
A bill for an act relating to elections; appropriating money for grants to
counties for voting equipment and vote-counting equipment; specifying grant
terms and procedures; repealing Laws 2005, chapter 162, section 34, subdivision
2, as amended.
Reported the same back with
the following amendments:
Page 1, after line 5,
insert:
"Section 1. Minnesota Statutes 2008, section 318.02,
subdivision 1, is amended to read:
Subdivision 1. Definition.
The term "declaration of trust" as used in this section
means the declaration of trust, business trust instrument, trust indenture,
contract of custodianship, or other instrument pursuant to which such
association is organized. Every such
association organized after April 20, 1961, for the purpose of transacting
business in this state shall, prior to transacting any business in this state,
file in the Office of the Secretary of State a
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12752
true and correct copy of the "declaration of trust"
under which the association proposes to conduct its business. The copy shall also contain a statement that
the true and correct copy of the "declaration of trust" is being
filed in the Office of the Secretary of State of the state of Minnesota
pursuant to this chapter and shall also include the full name and street
address of an agent of the business trust in this state. That agent shall be the agent for service of
process which shall be made pursuant to the provisions of section 543.08. The "declaration of trust" may
provide that the duration of such association shall be perpetual. Upon the filing of the copy of the
"declaration of trust," and the payment of a filing fee of
$150 to the secretary of state, the secretary of state shall issue to such
association, or to the trustees named in the said "declaration of
trust," or to the persons or parties to the "declaration of
trust," a certificate showing that such "declaration of trust"
has been duly filed; whereupon, such association in its name shall be
authorized to transact business in this state; provided that all other
applicable laws have been complied with.
The "declaration of trust" may be amended as provided in the
"declaration of trust" or in any amendments thereto but a true and
correct copy of all amendments to the "declaration of trust," shall
be filed in the Office of the Secretary of State upon the payment of a
filing fee of $50 to the secretary of state and all amendments shall become
effective at the time of said filing.
When such copy of the "declaration of trust" and any
amendments thereto shall have been filed in the Office of the Secretary of
State it shall constitute public notice as to the purposes and manner of the
business to be engaged in by such association.
Sec. 2. Minnesota
Statutes 2008, section 557.01, is amended to read:
557.01 NONRESIDENT, AGENT TO
ACCEPT SERVICE.
Any nonresident person or corporation owning or claiming any
interest or lien in or upon lands in the state may file with the secretary of
state a writing, executed and acknowledged in the manner of a conveyance,
appointing a resident agent, whose place of residence shall be stated, to
accept service of process or summons in any action or proceeding in the courts
of the state concerning such interest or lien, except actions or proceedings
for the collection of taxes, and consenting that service of such process or
summons upon such agent shall be binding upon the person executing the
same. Such writing shall be recorded by
the secretary. No service by publication
of summons shall be made upon any such nonresident who has complied with the
provisions hereof, but in all such cases service of such process or summons, or
of any writ or notice in the action or proceedings, shall be made upon such
agent in the manner provided by law for such service upon residents of the
state, and have the same effect as personal service within the state upon such
owner or claimant; but, if such party appears by attorneys therein, the service
of papers shall thereafter be upon such attorney. The authority of such agent may be revoked by
writing similarly executed and acknowledged and recorded, but no revocation
shall affect any action or proceeding then pending. For filing and recording such papers the
secretary shall be entitled to 15 cents for each folio The fee for each
filing made under this section is $50."
Page 3, after line 11, insert:
"Sec. 6. EFFECTIVE DATE.
Sections 3 to 5 are effective the day following final
enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title as follows:
Page 1, line 2, delete "elections" and insert
"operations of the secretary of state; regulating filings with the
secretary of state"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12753
Carlson from the Committee on Finance to which was referred:
S. F. No. 2937, A bill for an act relating to
human services; chemical dependency treatment; pilot projects; requiring a
report; proposing coding for new law in Minnesota Statutes, chapter 254B;
repealing Laws 2009, chapter 79, article 7, section 26, subdivision 3.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 3512 was read for
the second time.
SECOND READING OF SENATE BILLS
S. F. No. 2937 was read for
the second time.
CALENDAR FOR THE DAY
S. F. No. 2725 was reported
to the House.
Paymar moved to amend
S. F. No. 2725, the fourth engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 2965, the
second engrossment:
"Section 1. [299A.642] VIOLENT CRIME COORDINATING
COUNCIL.
Subdivision 1.
Coordinating council
established. The Violent
Crime Coordinating Council is established to provide guidance related to the
investigation and prosecution of gang and drug crime. For the purposes of this section, "gang
and drug crime" includes violent crimes associated with gang activity.
Subd. 2.
Membership. The coordinating council shall consist
of the following individuals or their designees:
(1) the director of the Office of Special Investigations as
the representative of the commissioner of corrections;
(2) the superintendent of the Bureau of Criminal Apprehension
as the representative of the commissioner of public safety;
(3) the attorney general;
(4) four chiefs of police, selected by the Minnesota Chiefs of
Police Association, of which one must be employed by the city of Minneapolis,
one must be employed by the city of St. Paul, one must be employed by a
municipality located in the seven-county metropolitan area excluding
Minneapolis and St. Paul, and one must be employed in greater Minnesota;
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12754
(5) four sheriffs, selected by the Minnesota Sheriffs
Association, of which, one must work in Hennepin County, one must work in
Ramsey County, one must work in Anoka, Carver, Dakota, Scott, or Washington
county, and one must work in greater Minnesota;
(6) the United States attorney for the district of Minnesota;
(7) two county attorneys, selected by the Minnesota County
Attorneys Association, one who must work in the seven-county metropolitan area
and one who must work in greater Minnesota;
(8) two citizen members appointed by the commissioner of
public safety in consultation with representatives from the councils of color
created in sections 3.922, 3.9223, 3.9225, and 3.9226; and
(9) a tribal peace officer, selected by the commissioner of
public safety, in consultation with the Minnesota Indian Affairs Council.
The coordinating council shall adopt procedures to govern its
conduct as necessary and shall select a chair from among its members. The chair shall serve a two-year term and the
appointment of the chair shall alternate between a person who works in greater
Minnesota and a person who works in the seven-county metropolitan area.
Subd. 3.
Coordinating council's duties. The coordinating council shall develop
an overall strategy to ameliorate the harm caused to the public by gang and
drug crime within the state of Minnesota.
Additionally, the coordinating council shall:
(1) subject to approval by the commissioner of public safety,
develop an operating procedures and policies manual to investigate gang and
drug crime in a multijurisdictional manner;
(2) identify and recommend a candidate or candidates for
statewide coordinator to the commissioner of public safety;
(3) assist the Department of Public Safety in developing grant
eligibility criteria and operating an objective and conflict-free grant review
application process;
(4) make recommendations to the commissioner of public safety
to terminate grant funding for multijurisdictional entities if an entity no
longer operates in accordance with subdivision 4, or no longer functions in a
manner consistent with the best interests of the state or public;
(5) assist in developing a process to collect and share
information to improve the investigation and prosecution of gang and drug
offenses;
(6) develop and approve an operational budget for the
coordinating council; and
(7) subject to approval by the commissioner of public safety,
adopt narrowly tailored, objective criteria and identifying characteristics for
use in determining whether individuals are or may be members of gangs involved
in criminal activity. The council shall
review and update the criteria and characteristics adopted under this clause
every two years with the objective to ensure effectiveness and relevance to the
accurate identification of subjects actively involved in criminal gang
activity. As part of its review process,
the council shall obtain input from members of communities that are impacted by
criminal gang activity. Before adopting
any changes under this clause, the council must submit its recommendations to
the commissioner of public safety for approval.
Subd. 4.
Duties and authority of
commissioner. (a) The
commissioner of public safety shall certify multijurisdictional entities, and
their designated fiscal agents, that are established pursuant to this section
to combat gang and drug crime and receive grant funding under subdivision
9. To certify an entity and its
designated fiscal agent, the commissioner shall require that a
multijurisdictional entity:
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12755
(1) be subject to the operational command and supervision of
one of the participating agencies;
(2) be subject to a biennial operational and financial audit
contracted out to an external organization not associated with the
multijurisdictional entity and designed to ensure that the entity and its
designated fiscal agent are in compliance with applicable legal requirements,
proper law enforcement standards and practices, and effective financial
controls;
(3) have adequate staffing and funding to support law
enforcement, prosecutorial, and financial operations, including bookkeeping,
evidence handling, and inventory recording; and
(4) be subject to any other conditions the commissioner deems
necessary to carry out the purposes of this section.
The commissioner may use grant funds authorized under
subdivision 9 to pay for costs incurred in conducting audits under clause (2).
(b) A multijurisdictional entity, and its designated fiscal
agent, must be certified annually by the commissioner and may not operate under
this section unless it is certified. If
the commissioner revokes an entity's or fiscal agent's certification, the
commissioner may order, for purposes relating to this section, any or all of
the following:
(1) dissolution of the entity, its governing boards, or both;
(2) transfer of duties of the entity, its governing boards,
or both, to the Department of Public Safety; and
(3) any other action deemed necessary by the commissioner.
Notwithstanding
any action taken by the commissioner, any outstanding obligations or
liabilities of the entity remain with the entity and the parties of the
agreement and do not transfer.
(c) An agreement entered into pursuant to section 471.59 and
this section shall provide that the parties to the agreement are subject to the
provisions in this subdivision and shall provide for the disposition of
property and allocation of obligations upon voluntary or mandated dissolution
of the entity or upon termination of the agreement.
(d) Except as provided in section 2, a multijurisdictional
entity that is operating on the effective date of this section pursuant to
section 299A.641 shall have until December 31, 2010, to be certified under this
section.
Subd. 5.
Statewide coordinator. The commissioner of public safety
shall appoint a statewide coordinator.
The coordinator serving in the unclassified service shall:
(1) coordinate and monitor all multijurisdictional gang and
drug enforcement activities;
(2) facilitate local efforts and ensure statewide
coordination with efforts to combat gang and drug crime;
(3) facilitate training for personnel;
(4) monitor compliance with investigative protocols; and
(5) review audits conducted under subdivision 4, take corrective
actions based on audit results, and submit a summary report of the audits and
any corrective actions to the commissioner of public safety.
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Top of Page 12756
Subd. 6.
Participating officers;
employment status. All
participating law enforcement officers must be licensed peace officers as
defined in section 626.84, subdivision 1, or qualified federal law enforcement
officers as defined in section 626.8453.
Participating officers remain employees of the same entity that employed
them before joining any multijurisdictional entity established under this
section. Participating officers are not
employees of the state. Participating
officers shall be subject to annual performance reviews conducted by the
entity's operational supervisor.
Subd. 7.
Jurisdiction and powers. Law enforcement officers participating
in any multijurisdictional entity established under this section have statewide
jurisdiction to conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff.
Subd. 8.
Evidence handling. A multijurisdictional entity
established pursuant to this section shall process all evidence through the
standard evidence handling procedures established by the participating
agencies.
Subd. 9.
Grants authorized. The commissioner of public safety may
make grants to state and local units of government to combat gang and drug
crime. When awarding grants, the
commissioner shall consider appropriating grants under this section to fund
community-based gang intervention and prevention efforts for youth.
Subd. 10.
Coordinating council is
permanent. Notwithstanding
section 15.059, this section does not expire.
Subd. 11.
Governing board; prosecutor's
role. (a) A
multijurisdictional entity established under this section shall create a
governing board consisting of the chief law enforcement officer, or designee,
from each participating agency, a prosecutor from one of the participating
agencies, and up to three additional members selected by the governing
board. A governing board shall have no
less than six members.
(b) The prosecutor on the governing board shall recommend to
governing board the nature and frequency of training for officers assigned to a
multijurisdictional entity in order to increase successful prosecutions.
Subd. 12.
Funding. Participating agencies may accept
lawful grants or contributions from any federal source or legal business or
entity.
Subd. 13.
Role of attorney general. The attorney general or a designee
shall generally advise on any matters that the coordinating council deems
appropriate.
Subd. 14.
Attorney general; community
liaison. (a) The attorney
general or a designee shall serve as a liaison between the coordinating council
and the councils of color created in sections 3.922, 3.9223, 3.9225, and
3.9226. The attorney general or designee
will be responsible for:
(1) informing the councils of color of the plans, activities,
and decisions and hearing their reactions to those plans, activities, and
decisions; and
(2) providing the coordinating council with the position of
the councils of color on the coordinating council's plan, activities, and
decisions.
(b) In no event is the coordinating council required to
disclose the names of individuals identified by it to the councils of color
referenced in this subdivision.
Subd. 15.
Required reports. By February 1 of each year, the
commissioner of public safety shall submit the following reports to the chairs
of the senate and house of representatives committees and divisions having
jurisdiction over criminal justice policy and funding:
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Day - Wednesday, May 12, 2010 - Top of Page 12757
(1) a report containing a
summary of all audits conducted on multijurisdictional entities under subdivision
4; and
(2) a report on the
activities and goals of the coordinating council.
Sec. 2. MULTIJURISDICTIONAL
GANG AND DRUG STRIKE FORCES.
A joint powers entity
established pursuant to Minnesota Statutes, section 299A.641, before the effective
date of this section that included as parties to the joint powers agreement two
counties with a population over 500,000 each is dissolved and any governing or
advisory board established by the terms of the agreement is also dissolved. All current and future obligations and
liabilities of the joint powers entity remain with the parties to the agreement
and do not transfer to the state.
For purposes of this
section, "population" means the most recent population estimate made
by the state demographer under Minnesota Statutes, section 4A.02.
EFFECTIVE DATE. This section is effective July 1, 2011.
Sec. 3. REVISOR'S
INSTRUCTION.
The revisor of statutes
shall replace references to Minnesota Statutes, section 299A.641, in statutes and
rules with a reference to Minnesota Statutes, section 299A.642, and shall make
any other changes to statutory cross-references as necessitated by this bill.
Sec. 4. REPEALER.
Minnesota Statutes 2008,
section 299A.641, is repealed.
EFFECTIVE DATE. This section is effective December 31, 2010."
Delete the title and insert:
"A bill for an act relating to public safety; establishing
a certification process for multijurisdictional gang and drug task forces;
proposing coding for new law in Minnesota Statutes, chapter 299A; repealing
Minnesota Statutes 2008, section 299A.641."
The motion prevailed and the amendment was adopted.
Paymar moved to amend
S. F. No. 2725, the fourth engrossment, as amended, as follows:
Page 6, after line 6,
insert:
"Sec. 3. WORK
GROUP.
The director of the
Information Policy Analysis Division of the Department of Administration shall
convene and chair a work group of stakeholders and interested parties to
discuss issues and laws pertaining to criminal intelligence databases. In its discussions, the work group shall
balance considerations of public safety needs and privacy interests, oversight,
minimization of discretion, and regulation of the collection of these data,
including the individualized criteria for inclusion in a computerized gang
database. By February 1, 2011, the work
group shall submit an executive summary document to the chairs and ranking
minority members of the committees of the senate
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12758
and house of representatives
with jurisdiction over data practices issues.
The document must summarize the work group meetings and outline proposed
legislative changes to implement recommendations on which there is
agreement. The Department of Public
Safety shall provide administrative support to the work group."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Kahn,
Downey and Holberg moved to amend S. F. No. 2725, the fourth
engrossment, as amended, as follows:
Page 6,
after line 6, insert:
"Sec. 3. GOVERNMENT
EFFICIENCY AND TRANSPARENCY STUDIES.
Subdivision
1. Data center study. (a)
The commissioner of management and budget, in consultation with the state chief
information officer, must study and report to the chairs and ranking minority
members of the house and senate committees with jurisdiction over state
government finance by January 15, 2011, on the feasibility and estimated costs
of entering into a lease or lease-purchase agreement with a private nonprofit
organization, involving a private sector developer, to provide a centralized
data center for state agencies or to upgrade current facilities for purposes of
data center consolidation. The report
must include a potential schedule for consolidation of existing state agency
data centers, and an estimate of any savings, increased efficiencies, or
performance improvements that would be achieved through this consolidation.
(b) In
conducting the study required under paragraph (a), the commissioner shall
consult with representatives of higher education and local government units to
determine the feasibility and desirability of creating a shared service
contract for a data center.
(c) If the
commissioner of management and budget and chief information officer conclude
that entering into an agreement described in paragraph (a) is cost-beneficial,
the commissioner may enter into such an agreement notwithstanding any law to
the contrary.
Subd. 2. Transparency
standards. By January 15,
2011, the chief information officer shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over the
Office of Enterprise Technology regarding the development of the standards to
enhance public access to data required under Minnesota Statutes, section
16E.05, subdivision 4. The report must
describe the process for development of the standards, including the
opportunity provided for public comment, and specify the components of the standards
that have been implemented, including a description of the level of public use
of the new opportunities for data access under the standards."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12759
S. F. No. 2725, A bill for
an act relating to public safety; establishing a certification process for
multijurisdictional gang and drug task forces; regulating law enforcement
criminal gang investigative databases; classifying data received from law
enforcement agencies in other states; changing membership of a council;
delineating uses of data in the comprehensive incident-based reporting system;
restricting the acquisition of cell phone tracking devices; amending Minnesota
Statutes 2008, sections 13.82, by adding a subdivision; 299A.641; 299C.091,
subdivision 4; 299C.40, subdivision 2; 609.531, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 13; 626; 626A.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed, as amended, and its
title agreed to.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 2614
A bill for an
act relating to state government; licensing; state health care programs;
continuing care; children and family services; health reform; Department of
Health; public health; health plans; assessing administrative penalties;
modifying foreign operating corporation taxes; requiring reports; making
supplemental and contingent appropriations and reductions for the Departments
of Health and Human Services and other health-related boards and councils;
amending Minnesota Statutes 2008, sections 62D.08, by adding a subdivision;
62J.07, subdivision 2, by adding a subdivision; 62J.38; 62J.692, subdivision 4;
62Q.19, subdivision 1; 62Q.76, subdivision 1; 62U.05; 119B.025, subdivision 1;
119B.09, subdivision 4; 119B.11, subdivision 1; 144.05, by adding a
subdivision; 144.226,
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12760
subdivision
3; 144.291, subdivision 2; 144.293, subdivision 4, by adding a subdivision;
144.651, subdivision 2; 144.9504, by adding a subdivision; 144A.51, subdivision
5; 144E.37; 214.40, subdivision 7; 245C.27, subdivision 2; 245C.28, subdivision
3; 246B.04, subdivision 2; 254B.01, subdivision 2; 254B.02, subdivisions 1, 5;
254B.03, subdivision 4, by adding a subdivision; 254B.05, subdivision 4;
254B.06, subdivision 2; 254B.09, subdivision 8; 256.01, by adding a
subdivision; 256.9657, subdivision 3; 256B.04, subdivision 14; 256B.055, by
adding a subdivision; 256B.056, subdivisions 3, 4; 256B.057, subdivision 9;
256B.0625, subdivisions 8, 8a, 8b, 18a, 22, 31, by adding subdivisions; 256B.0631,
subdivisions 1, 3; 256B.0644, as amended; 256B.0754, by adding a subdivision;
256B.0915, subdivision 3b; 256B.19, subdivision 1c; 256B.441, by adding a
subdivision; 256B.5012, by adding a subdivision; 256B.69, subdivisions 20, as
amended, 27, by adding subdivisions; 256B.692, subdivision 1; 256B.75; 256B.76,
subdivisions 2, 4, by adding a subdivision; 256D.03, subdivision 3b; 256D.0515;
256D.425, subdivision 2; 256I.05, by adding a subdivision; 256J.20, subdivision
3; 256J.24, subdivision 10; 256J.37, subdivision 3a; 256J.39, by adding
subdivisions; 256L.02, subdivision 3; 256L.03, subdivision 3, by adding a
subdivision; 256L.04, subdivision 7; 256L.05, by adding a subdivision; 256L.07,
subdivision 1, by adding a subdivision; 256L.12, subdivisions 5, 6, 9; 256L.15,
subdivision 1; 290.01, subdivision 5, by adding a subdivision; 290.17,
subdivision 4; 326B.43, subdivision 2; 626.556, subdivision 10i; 626.557,
subdivision 9d; Minnesota Statutes 2009 Supplement, sections 62J.495,
subdivisions 1a, 3, by adding a subdivision; 157.16, subdivision 3; 245A.11,
subdivision 7b; 245C.27, subdivision 1; 246B.06, subdivision 6; 252.025,
subdivision 7; 252.27, subdivision 2a; 256.045, subdivision 3; 256.969,
subdivision 3a; 256B.056, subdivision 3c; 256B.0625, subdivisions 9, 13e;
256B.0653, subdivision 5; 256B.0911, subdivision 1a; 256B.0915, subdivision 3a;
256B.69, subdivisions 5a, 23; 256B.76, subdivision 1; 256B.766; 256D.03,
subdivision 3, as amended; 256D.44, subdivision 5; 256J.425, subdivision 3;
256L.03, subdivision 5; 256L.11, subdivision 1; 289A.08, subdivision 3; 290.01,
subdivisions 19c, 19d; 327.15, subdivision 3; Laws 2005, First Special Session
chapter 4, article 8, section 66, as amended; Laws 2009, chapter 79, article 3,
section 18; article 5, sections 17; 18; 22; 75, subdivision 1; 78, subdivision
5; article 8, sections 2; 51; 81; article 13, sections 3, subdivisions 1, as
amended, 3, as amended, 4, as amended, 8, as amended; 5, subdivision 8, as
amended; Laws 2009, chapter 173, article 1, section 17; Laws 2010, chapter 200,
article 1, sections 12, subdivisions 5, 6, 7, 8; 13, subdivision 1b; 16; 21;
article 2, section 2, subdivisions 1, 8; proposing coding for new law in
Minnesota Statutes, chapters 62A; 62D; 62E; 62J; 62Q; 144; 245; 254B; 256; 256B;
proposing coding for new law as Minnesota Statutes, chapter 62V; repealing
Minnesota Statutes 2008, sections 254B.02, subdivisions 2, 3, 4; 254B.09,
subdivisions 4, 5, 7; 256D.03, subdivisions 3a, 3b, 5, 6, 7, 8; 290.01,
subdivision 6b; 290.0921, subdivision 7; Minnesota Statutes 2009 Supplement,
section 256D.03, subdivision 3; Laws 2009, chapter 79, article 7, section 26,
subdivision 3; Laws 2010, chapter 200, article 1, sections 12, subdivisions 1,
2, 3, 4, 5, 6, 7, 8, 9, 10; 18; 19.
May 12, 2010
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
The Honorable James P. Metzen
President of the Senate
We, the
undersigned conferees for H. F. No. 2614 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendment and that H. F. No. 2614 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
HEALTH CARE
Section
1. Minnesota Statutes 2008, section 256.9657,
subdivision 2, is amended to read:
Journal of the House - 103rd Day - Wednesday, May 12, 2010 -
Top of Page 12761
Subd. 2. Hospital
surcharge. (a) Effective October 1,
1992, each Minnesota hospital except facilities of the federal Indian Health
Service and regional treatment centers shall pay to the medical assistance
account a surcharge equal to 1.4 percent of net patient revenues excluding net
Medicare revenues reported by that provider to the health care cost information
system according to the schedule in subdivision 4.
(b)
Effective July 1, 1994, the surcharge under paragraph (a) is increased to 1.56
percent.
(c) Effective
July 1, 2010, the surcharge under paragraph (b) is increased to 2.63
percent.
(d)
Effective October 1, 2011, the surcharge under paragraph (c) is reduced to 2.30
percent.
(e)
Notwithstanding the Medicare cost finding and allowable cost principles, the
hospital surcharge is not an allowable cost for purposes of rate setting under
sections 256.9685 to 256.9695.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 256.9657,
subdivision 3, is amended to read:
Subd. 3. Surcharge
on HMOs and community integrated service networks. (a) Effective October 1, 1992, each health
maintenance organization with a certificate of authority issued by the
commissioner of health under chapter 62D and each community integrated service
network licensed by the commissioner under chapter 62N shall pay to the
commissioner of human services a surcharge equal to six-tenths of one percent
of the total premium revenues of the health maintenance organization or
community integrated service network as reported to the commissioner of health
according to the schedule in subdivision 4.
(b) Effective
October 1, 2010, in addition to the surcharge under paragraph (a), each health
maintenance organization shall pay to the commissioner a surcharge equal to
0.85 percent of total premium revenues and each county-based purchasing plan
authorized under section 256B.692 shall pay to the commissioner a surcharge
equal to 1.45 percent of the total premium revenues of the plan, as reported to
the commissioner of health, according to the payment schedule in subdivision
4. Notwithstanding section 256.9656,
money collected under this paragraph shall be deposited in the health care
access fund established in section 16A.724.
(c) For
purposes of this subdivision, total premium revenue means:
(1) premium
revenue recognized on a prepaid basis from individuals and groups for provision
of a specified range of health services over a defined period of time which is
normally one month, excluding premiums paid to a health maintenance
organization or community integrated service network from the Federal Employees
Health Benefit Program;
(2)
premiums from Medicare wrap-around subscribers for health benefits which
supplement Medicare coverage;
(3)
Medicare revenue, as a result of an arrangement between a health maintenance
organization or a community integrated service network and the Centers for
Medicare and Medicaid Services of the federal Department of Health and Human
Services, for services to a Medicare beneficiary, excluding Medicare revenue
that states are prohibited from taxing under sections 1854, 1860D-12, and 1876
of title XVIII of the federal Social Security Act, codified as United States
Code, title 42, sections 1395mm, 1395w-112, and 1395w-24, respectively, as they
may be amended from time to time; and
(4) medical
assistance revenue, as a result of an arrangement between a health maintenance
organization or community integrated service network and a Medicaid state
agency, for services to a medical assistance beneficiary.
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Day - Wednesday, May 12, 2010 - Top of Page 12762
If advance payments are made
under clause (1) or (2) to the health maintenance organization or community
integrated service network for more than one reporting period, the portion of
the payment that has not yet been earned must be treated as a liability.
(c) (d) When a health maintenance
organization or community integrated service network merges or consolidates
with or is acquired by another health maintenance organization or community
integrated service network, the surviving corporation or the new corporation
shall be responsible for the annual surcharge originally imposed on each of the
entities or corporations subject to the merger, consolidation, or acquisition,
regardless of whether one of the entities or corporations does not retain a
certificate of authority under chapter 62D or a license under chapter 62N.
(d) (e) Effective July 1
of each year, the surviving corporation's or the new corporation's surcharge
shall be based on the revenues earned in the second previous calendar year by
all of the entities or corporations subject to the merger, consolidation, or
acquisition regardless of whether one of the entities or corporations does not
retain a certificate of authority under chapter 62D or a license under chapter
62N until the total premium revenues of the surviving corporation include the
total premium revenues of all the merged entities as reported to the
commissioner of health.
(e) (f) When a health
maintenance organization or community integrated service network, which is
subject to liability for the surcharge under this chapter, transfers, assigns, sells,
leases, or disposes of all or substantially all of its property or assets,
liability for the surcharge imposed by this chapter is imposed on the
transferee, assignee, or buyer of the health maintenance organization or
community integrated service network.
(f) (g) In the event a
health maintenance organization or community integrated service network
converts its licensure to a different type of entity subject to liability for
the surcharge under this chapter, but survives in the same or substantially
similar form, the surviving entity remains liable for the surcharge regardless
of whether one of the entities or corporations does not retain a certificate of
authority under chapter 62D or a license under chapter 62N.
(g) (h) The surcharge
assessed to a health maintenance organization or community integrated service
network ends when the entity ceases providing services for premiums and the
cessation is not connected with a merger, consolidation, acquisition, or
conversion.
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 3. Minnesota Statutes 2009 Supplement, section
256.969, subdivision 2b, is amended to read:
Subd. 2b. Operating
payment rates. In determining operating
payment rates for admissions occurring on or after the rate year beginning
January 1, 1991, and every two years after, or more frequently as determined by
the commissioner, the commissioner shall obtain operating data from an updated
base year and establish operating payment rates per admission for each hospital
based on the cost-finding methods and allowable costs of the Medicare program
in effect during the base year. Rates
under the general assistance medical care, medical assistance, and MinnesotaCare programs shall not be rebased to more
current data on January 1, 1997, January 1, 2005, for the first 24
months of the rebased period beginning January 1, 2009. For the first three 24 months
of the rebased period beginning January 1, 2011, rates shall not be
rebased at 74.25 percent of the full value of the rebasing percentage
change. From April 1, 2011, to March 31,
2012, rates shall be rebased at 39.2 percent of the full value of the rebasing percentage change, except that a Minnesota long-term hospital shall
be rebased effective January 1, 2011, based on its most recent Medicare
cost report ending on or before September 1, 2008, with the provisions under
subdivisions 9 and 23, based on the rates in effect on December 31, 2010. For subsequent rate setting periods in which
the base years are updated, a Minnesota long-term hospital's base year shall
remain within the same period as other hospitals. Effective April 1, 2012 January 1,
2013, rates shall be rebased at full value.
The base year operating payment rate per admission is standardized by
the case mix index and adjusted by the hospital cost index,
Journal of the House - 103rd
Day - Wednesday, May 12, 2010 - Top of Page 12763
relative values, and
disproportionate population adjustment.
The cost and charge data used to establish operating rates shall only
reflect inpatient services covered by medical assistance and shall not include
property cost information and costs recognized in outlier payments.
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 4. Minnesota Statutes 2009 Supplement, section
256.969, subdivision 3a, is amended to read:
Subd. 3a. Payments. (a) Acute care hospital billings under
the medical assistance program must not be submitted until the recipient is
discharged. However, the commissioner
shall establish monthly interim payments for inpatient hospitals that have
individual patient lengths of stay over 30 days regardless of diagnostic
category. Except as provided in section
256.9693, medical assistance reimbursement for treatment of mental illness shall
be reimbursed based on diagnostic classifications. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and 256.9695, in addition
to third party and recipient liability, for discharges occurring during the
rate year shall not exceed, in aggregate, the charges for the medical
assistance covered inpatient services paid for the same period of time to the
hospital. This payment limitation shall
be calculated separately for medical assistance and general assistance medical
care services. The limitation on general
assistance medical care shall be effective for admissions occurring on or after
July 1, 1991. Services that have rates
established under subdivision 11 or 12, must be limited separately from other
services. After consulting with the
affected hospitals, the commissioner may consider related hospitals one entity
and may merge the payment rates while maintaining separate provider
numbers. The operating and property base
rates per admission or per day shall be derived from the best Medicare and claims
data available when rates are established.
The commissioner shall determine the best Medicare and claims data,
taking into consideration variables of recency of the data, audit disposition,
settlement status, and the ability to set rates in a timely manner. The commissioner shall notify hospitals of
payment rates by December 1 of the year preceding the rate year. The rate setting data must reflect the
admissions data used to establish relative values. Base year changes from 1981 to the base year
established for the rate year beginning January 1, 1991, and for subsequent
rate years, shall not be limited to the limits ending June 30, 1987, on the
maximum rate of increase under subdivision 1.
The commissioner may adjust base year cost, relative value, and case mix
index data to exclude the costs of services that have been discontinued by the
October 1 of the year preceding the rate year or that are paid separately from
inpatient services. Inpatient stays that
encompass portions of two or more rate years shall have payments established
based on payment rates in effect at the time of admission unless the date of
admission preceded the rate year in effect by six months or more. In this case, operating payment rates for
services rendered during the rate year in effect and established based on the
date of admission shall be adjusted to the rate year in effect by the hospital
cost index.
(b) For fee-for-service
admissions occurring on or after July 1, 2002, the total payment, before
third-party liability and spenddown, made to hospitals for inpatient services
is reduced by .5 percent from the current statutory rates.
(c) In addition to the
reduction in paragraph (b), the total payment for fee-for-service admissions
occurring on or after July 1, 2003, made to hospitals for inpatient services
before third-party liability and spenddown, is reduced five percent from the
current statutory rates. Mental health
services within diagnosis related groups 424 to 432, and facilities defined
under subdivision 16 are excluded from this paragraph.
(d) In addition to the
reduction in paragraphs (b) and (c), the total payment for fee-for-service
admissions occurring on or after August 1, 2005, made to hospitals for inpatient
services before third-party liability and spenddown, is reduced 6.0 percent
from the current statutory rates. Mental
health services within diagnosis related groups 424 to 432 and facilities
defined under subdivision 16 are excluded from this paragraph. Notwithstanding section 256.9686, subdivision
7, for purposes of this paragraph, medical assistance does not include general
assistance medical care. Payments made
to managed care plans shall be reduced for services provided on or after
January 1, 2006, to reflect this reduction.
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Top of Page 12764
(e) In addition
to the reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2008, through June 30,
2009, made to hospitals for inpatient services before third-party liability and
spenddown, is reduced 3.46 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after January 1, 2009,
through June 30, 2009, to reflect this reduction.
(f) In
addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2009, through June
30, 2010, made to hospitals for inpatient services before third-party liability
and spenddown, is reduced 1.9 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after July 1, 2009,
through June 30, 2010, to reflect this reduction.
(g) In
addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2010, made to
hospitals for inpatient services before third-party liability and spenddown, is
reduced 1.79 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after July 1, 2010, to
reflect this reduction.
(h) In
addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total
payment for fee-for-service admissions occurring on or after July 1, 2009, made
to hospitals for inpatient services before third-party liability and spenddown,
is reduced one percent from the current statutory rates. Facilities defined under subdivision 16 are
excluded from this paragraph. Payments
made to managed care plans shall be reduced for services provided on or after
October 1, 2009, to reflect this reduction.
(i) In
order to offset the ratable reductions provided for in this subdivision, the
total payment rate for medical assistance fee-for-service admissions occurring
on or after July 1, 2010, to June 30, 2011, made to Minnesota hospitals for
inpatient services before third-party liability and spenddown, shall be
increased by five percent from the current statutory rates. Effective July 1, 2011, the rate increase
under this paragraph shall be reduced to 1.96 percent. For purposes of this paragraph, medical assistance
does not include general assistance medical care. The commissioner shall not adjust rates paid
to a prepaid health plan under contract with the commissioner to reflect
payments provided in this paragraph. The
commissioner may utilize a settlement process to adjust rates in excess of the
Medicare upper limits on payments.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 5. Minnesota Statutes 2008, section 256.969,
subdivision 21, is amended to read:
Subd. 21. Mental
health or chemical dependency admissions; rates. (a) Admissions under the general
assistance medical care program occurring on or after July 1, 1990, and
admissions under medical assistance, excluding general assistance medical care,
occurring on or after July 1, 1990, and on or before September 30, 1992, that
are classified to a diagnostic category of mental health or chemical dependency
shall have rates established according to the methods of subdivision 14, except
the per day rate shall be multiplied by a factor of 2, provided that the total
of the per day rates shall not exceed the per admission rate. This methodology shall also apply when a hold
or commitment is ordered by the court for the days that inpatient hospital
services are medically necessary. Stays
which are medically necessary for inpatient hospital services and covered by
medical assistance shall not be billable to any other governmental entity. Medical necessity shall be determined under
criteria established to meet the requirements of section 256B.04, subdivision
15, or 256D.03, subdivision 7, paragraph (b).
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Day - Wednesday, May 12, 2010 - Top of Page 12765
(b) In order to ensure
adequate access for the provision of mental health services and to encourage
broader delivery of these services outside the nonstate governmental hospital
setting, payment rates for medical assistance admissions occurring on or after
July 1, 2010, at a Minnesota private, not-for-profit hospital above the 75th
percentile of all Minnesota private, nonprofit hospitals for diagnosis-related
groups 424 to 432 and 521 to 523 admissions paid by medical assistance for
admissions occurring in calendar year 2007, shall be increased for these
diagnosis-related groups at a percentage calculated to cost not more than
$10,000,000 each fiscal year, including state and federal shares. For purposes of this paragraph, medical
assistance does not include general assistance medical care. The commissioner shall not adjust rates paid
to a prepaid health plan under contract with the commissioner to reflect
payments provided in this paragraph. The
commissioner may utilize a settlement process to adjust rates in excess of the
Medicare upper limits on payments.
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 6. Minnesota Statutes 2008, section 256.969,
subdivision 26, is amended to read:
Subd. 26. Greater
Minnesota payment adjustment after June 30, 2001. (a) For admissions occurring after June
30, 2001, the commissioner shall pay fee-for-service inpatient admissions for
the diagnosis-related groups specified in paragraph (b) at hospitals located
outside of the seven-county metropolitan area at the higher of:
(1) the hospital's current
payment rate for the diagnostic category to which the diagnosis-related group
belongs, exclusive of disproportionate population adjustments received under
subdivision 9 and hospital payment adjustments received under subdivision 23;
or
(2) 90 percent of the
average payment rate for that diagnostic category for hospitals located within
the seven-county metropolitan area, exclusive of disproportionate population
adjustments received under subdivision 9 and hospital payment adjustments
received under subdivisions 20 and 23.
(b) The payment increases
provided in paragraph (a) apply to the following diagnosis-related groups, as
they fall within the diagnostic categories:
(1) 370 cesarean section
with complicating diagnosis;
(2) 371 cesarean section
without complicating diagnosis;
(3) 372 vaginal delivery
with complicating diagnosis;
(4) 373 vaginal delivery
without complicating diagnosis;
(5) 386 extreme immaturity
and respiratory distress syndrome, neonate;
(6) 388 full-term neonates
with other problems;
(7) 390 prematurity without
major problems;
(8) 391 normal newborn;
(9) 385 neonate, died or
transferred to another acute care facility;
(10) 425 acute adjustment
reaction and psychosocial dysfunction;
(11) 430 psychoses;
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(12) 431
childhood mental disorders; and
(13)
164-167 appendectomy.
(c) For
medical assistance admissions occurring on or after July 1, 2010, the payment
rate under paragraph (a), clause (2), shall be increased to 100 percent from 90
percent. For purposes of this paragraph,
medical assistance does not include general assistance medical care. The commissioner shall not adjust rates paid
to a prepaid health plan under contract with the commissioner to reflect
payments provided in this paragraph. The
commissioner may utilize a settlement process to adjust rates in excess of the
Medicare upper limits on payments.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 7. Minnesota Statutes 2008, section 256.969, is
amended by adding a subdivision to read:
Subd. 31. Hospital
payment adjustment after June 30, 2010.
(a) For medical assistance admissions occurring on or after July
1, 2010, to March 31, 2011, the commissioner shall increase rates at Minnesota
private, not-for-profit hospitals as follows:
(1) for a
hospital with total admissions reimbursed by government payers equal to or
greater than 50 percent, payment rates for inpatient hospital services shall be
increased for each admission by $250 multiplied by 437 percent;
(2) for a
hospital with total admissions reimbursed by government payers equal to or
greater than 40 percent but less than 50 percent, payment rates for inpatient
hospital services shall be increased for each admission by $250 multiplied by
349.6 percent; and
(3) for a
hospital with total admissions reimbursed by government payers of less than 40
percent, payment rates for inpatient hospital services shall be increased for
each admission by $250 multiplied by 262.2 percent.
(b) For medical
assistance admissions occurring on or after April 1, 2011, the commissioner
shall increase rates at Minnesota private, not-for-profit hospitals as follows:
(1) for a
hospital with total admissions reimbursed by government payers equal to or
greater than 50 percent, payment rates for inpatient hospital services shall be
increased for each admission by $250 multiplied by 145 percent;
(2) for a
hospital with total admissions reimbursed by government payers equal to or
greater than 40 percent but less than 50 percent, payment rates for inpatient
hospital services shall be increased for each admission by $250 multiplied by
116 percent; and
(3) for a
hospital with total admissions reimbursed by government payers of less than 40
percent, payment rates for inpatient hospital services shall be increased for
each admission by $250 multiplied by 87 percent.
(c) For
purposes of paragraphs (a) and (b), "government payers" means
Medicare, medical assistance, MinnesotaCare, and general assistance medical
care.
(d) For
medical assistance admissions occurring on or after July 1, 2010, to March 31,
2011, the commissioner shall increase rates for inpatient hospital services at
Minnesota hospitals by $850 for each admission.
For medical assistance admissions occurring on or after April 1, 2011,
the payment under this paragraph shall be reduced to $320 per admission.
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(e) For
purposes of this subdivision, medical assistance does not include general
assistance medical care. The
commissioner shall not adjust rates paid to a prepaid health plan under
contract with the commissioner to reflect payments provided in this
subdivision. The commissioner may
utilize a settlement process to adjust rates in excess of the Medicare upper
limits on payments.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 8. Minnesota Statutes 2008, section 256B.055, is
amended by adding a subdivision to read:
Subd. 15. Adults
without children. Medical
assistance may be paid for a person who is:
(1) at least
age 21 and under age 65;
(2) not
pregnant;
(3) not
entitled to Medicare Part A or enrolled in Medicare Part B under Title XVIII of
the Social Security Act;
(4) not an
adult in a family with children as defined in section 256L.01, subdivision 3a;
and
(5) not
described in another subdivision of this section.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 9. Minnesota Statutes 2008, section 256B.056,
subdivision 3, is amended to read:
Subd. 3. Asset
limitations for individuals and families.
(a) To be eligible for medical assistance, a person must not
individually own more than $3,000 in assets, or if a member of a household with
two family members, husband and wife, or parent and child, the household must
not own more than $6,000 in assets, plus $200 for each additional legal
dependent. In addition to these maximum
amounts, an eligible individual or family may accrue interest on these amounts,
but they must be reduced to the maximum at the time of an eligibility
redetermination. The accumulation of the
clothing and personal needs allowance according to section 256B.35 must also be
reduced to the maximum at the time of the eligibility redetermination. The value of assets that are not considered
in determining eligibility for medical assistance is the value of those assets
excluded under the supplemental security income program for aged, blind, and
disabled persons, with the following exceptions:
(1)
household goods and personal effects are not considered;
(2) capital
and operating assets of a trade or business that the local agency determines
are necessary to the person's ability to earn an income are not considered;
(3) motor
vehicles are excluded to the same extent excluded by the supplemental security
income program;
(4) assets
designated as burial expenses are excluded to the same extent excluded by the
supplemental security income program.
Burial expenses funded by annuity contracts or life insurance policies
must irrevocably designate the individual's estate as contingent beneficiary to
the extent proceeds are not used for payment of selected burial expenses; and
(5)
effective upon federal approval, for a person who no longer qualifies as an
employed person with a disability due to loss of earnings, assets allowed while
eligible for medical assistance under section 256B.057, subdivision 9, are not
considered for 12 months, beginning with the first month of ineligibility as an
employed person with a disability, to the extent that the person's total assets
remain within the allowed limits of section 256B.057, subdivision 9, paragraph
(c).
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(b) No asset limit shall
apply to persons eligible under section 256B.055, subdivision 15.
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 10. Minnesota Statutes 2008, section 256B.056,
subdivision 4, is amended to read:
Subd. 4. Income. (a) To be eligible for medical
assistance, a person eligible under section 256B.055, subdivisions 7, 7a, and
12, may have income up to 100 percent of the federal poverty guidelines. Effective January 1, 2000, and each
successive January, recipients of supplemental security income may have an
income up to the supplemental security income standard in effect on that
date.
(b) To be eligible for
medical assistance, families and children may have an income up to 133-1/3
percent of the AFDC income standard in effect under the July 16, 1996, AFDC
state plan. Effective July 1, 2000, the
base AFDC standard in effect on July 16, 1996, shall be increased by three
percent.
(c) Effective July 1, 2002,
to be eligible for medical assistance, families and children may have an income
up to 100 percent of the federal poverty guidelines for the family size.
(d) Effective June 1,
2010, to be eligible for medical assistance under section 256B.055, subdivision
15, a person may have an income up to 75 percent of federal poverty guidelines
for the family size.
(e) In computing income to
determine eligibility of persons under paragraphs (a) to (c) (d) who
are not residents of long-term care facilities, the commissioner shall
disregard increases in income as required by Public Law Numbers 94-566, section
503; 99-272; and 99-509. Veterans aid and
attendance benefits and Veterans Administration unusual medical expense
payments are considered income to the recipient.
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 11. Minnesota Statutes 2008, section 256B.0625,
subdivision 8, is amended to read:
Subd. 8. Physical
therapy. Medical assistance covers
physical therapy and related services, including specialized maintenance
therapy. Authorization by the
commissioner is required to provide medically necessary services to a recipient
beyond any of the following onetime service thresholds, or a lower threshold
where one has been established by the commissioner for a specified
service: (1) 80 units of any approved
CPT code other than modalities; (2) 20 modality sessions; and (3) three evaluations
or reevaluations. Services provided
by a physical therapy assistant shall be reimbursed at the same rate as
services performed by a physical therapist when the services of the physical
therapy assistant are provided under the direction of a physical therapist who
is on the premises. Services provided by
a physical therapy assistant that are provided under the direction of a
physical therapist who is not on the premises shall be reimbursed at 65 percent
of the physical therapist rate.
EFFECTIVE DATE. This section is effective July 1, 2010, for services
provided through fee-for-service, and January 1, 2011, for services provided
through managed care.
Sec. 12. Minnesota Statutes 2008, section 256B.0625,
subdivision 8a, is amended to read:
Subd. 8a. Occupational
therapy. Medical assistance covers
occupational therapy and related services, including specialized maintenance
therapy. Authorization by the
commissioner is required to provide medically necessary services to a recipient
beyond any of the following onetime service thresholds, or a lower threshold
where one has been established by the commissioner for a specified
service: (1) 120 units of any
combination of approved CPT codes; and (2) two evaluations or reevaluations. Services provided by an occupational therapy
assistant shall be reimbursed at the same rate as services performed by an
occupational therapist when the services of the
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occupational therapy
assistant are provided under the direction of the occupational therapist who is
on the premises. Services provided by an
occupational therapy assistant that are provided under the direction of an
occupational therapist who is not on the premises shall be reimbursed at 65
percent of the occupational therapist rate.
EFFECTIVE DATE. This section is effective July 1, 2010, for services
provided through fee-for-service, and January 1, 2011, for services provided
through managed care.
Sec. 13. Minnesota Statutes 2008, section 256B.0625,
subdivision 8b, is amended to read:
Subd. 8b. Speech
language pathology and audiology services.
Medical assistance covers speech language pathology and related
services, including specialized maintenance therapy. Authorization by the commissioner is
required to provide medically necessary services to a recipient beyond any of
the following onetime service thresholds, or a lower threshold where one has
been established by the commissioner for a specified service: (1) 50 treatment sessions with any
combination of approved CPT codes; and (2) one evaluation. Medical assistance covers audiology services and
related services. Services provided by a
person who has been issued a temporary registration under section 148.5161
shall be reimbursed at the same rate as services performed by a speech language
pathologist or audiologist as long as the requirements of section 148.5161,
subdivision 3, are met.
EFFECTIVE DATE. This section is effective July 1, 2010, for services
provided through fee-for-service, and January 1, 2011, for services provided
through managed care.
Sec. 14. Minnesota Statutes 2008, section 256B.0625,
is amended by adding a subdivision to read:
Subd. 8d. Chiropractic
services. Payment for
chiropractic services is limited to one annual evaluation and 12 visits per
year unless prior authorization of a greater number of visits is obtained.
Sec. 15. Minnesota Statutes 2009 Supplement, section
256B.0625, subdivision 13h, is amended to read:
Subd. 13h. Medication
therapy management services. (a)
Medical assistance and general assistance medical care cover medication therapy
management services for a recipient taking four or more prescriptions to treat
or prevent two or more chronic medical conditions, or a recipient with a drug
therapy problem that is identified or prior authorized by the commissioner that
has resulted or is likely to result in significant nondrug program costs. The commissioner may cover medical therapy
management services under MinnesotaCare if the commissioner determines this is
cost-effective. For purposes of this
subdivision, "medication therapy management" means the provision of
the following pharmaceutical care services by a licensed pharmacist to optimize
the therapeutic outcomes of the patient's medications:
(1) performing or obtaining
necessary assessments of the patient's health status;
(2) formulating a medication
treatment plan;
(3) monitoring and
evaluating the patient's response to therapy, including safety and
effectiveness;
(4) performing a
comprehensive medication review to identify, resolve, and prevent medication-related
problems, including adverse drug events;
(5) documenting the care
delivered and communicating essential information to the patient's other
primary care providers;
(6) providing verbal
education and training designed to enhance patient understanding and
appropriate use of the patient's medications;
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(7)
providing information, support services, and resources designed to enhance
patient adherence with the patient's therapeutic regimens; and
(8) coordinating
and integrating medication therapy management services within the broader
health care management services being provided to the patient.
Nothing in
this subdivision shall be construed to expand or modify the scope of practice
of the pharmacist as defined in section 151.01, subdivision 27.
(b) To be
eligible for reimbursement for services under this subdivision, a pharmacist
must meet the following requirements:
(1) have a
valid license issued under chapter 151;
(2) have
graduated from an accredited college of pharmacy on or after May 1996, or
completed a structured and comprehensive education program approved by the
Board of Pharmacy and the American Council of Pharmaceutical Education for the
provision and documentation of pharmaceutical care management services that has
both clinical and didactic elements;
(3) be
practicing in an ambulatory care setting as part of a multidisciplinary team or
have developed a structured patient care process that is offered in a private
or semiprivate patient care area that is separate from the commercial business
that also occurs in the setting, or in home settings, excluding long-term care
and group homes, if the service is ordered by the provider-directed care
coordination team; and
(4) make use
of an electronic patient record system that meets state standards.
(c) For
purposes of reimbursement for medication therapy management services, the
commissioner may enroll individual pharmacists as medical assistance and
general assistance medical care providers.
The commissioner may also establish contact requirements between the
pharmacist and recipient, including limiting the number of reimbursable
consultations per recipient.
(d) If
there are no pharmacists who meet the requirements of paragraph (b) practicing
within a reasonable geographic distance of the patient, a pharmacist who meets
the requirements may provide the services via two-way interactive video. Reimbursement shall be at the same rates and
under the same conditions that would otherwise apply to the services
provided. To qualify for reimbursement
under this paragraph, the pharmacist providing the services must meet the
requirements of paragraph (b), and must be located within an ambulatory care
setting approved by the commissioner. The patient must also be located within an
ambulatory care setting approved by the commissioner. Services provided under this paragraph may
not be transmitted into the patient's residence.
(e) The
commissioner shall establish a pilot project for an intensive medication
therapy management program for patients identified by the commissioner with
multiple chronic conditions and a high number of medications who are at high
risk of preventable hospitalizations, emergency room use, medication
complications, and suboptimal treatment outcomes due to medication-related
problems. For purposes of the pilot
project, medication therapy management services may be provided in a patient's
home or community setting, in addition to other authorized settings. The commissioner may waive existing payment
policies and establish special payment rates for the pilot project. The pilot project must be designed to produce
a net savings to the state compared to the estimated costs that would otherwise be incurred for similar patients
without the program. The pilot project
must begin by January 1, 2010, and end June 30, 2012.
EFFECTIVE DATE. This
section is effective July 1, 2010.
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Sec. 16. Minnesota Statutes 2008, section 256B.0625,
subdivision 18a, is amended to read:
Subd. 18a. Access
to medical services. (a) Medical
assistance reimbursement for meals for persons traveling to receive medical
care may not exceed $5.50 for breakfast, $6.50 for lunch, or $8 for dinner.
(b) Medical
assistance reimbursement for lodging for persons traveling to receive medical
care may not exceed $50 per day unless prior authorized by the local agency.
(c) Medical
assistance direct mileage reimbursement to the eligible person or the eligible
person's driver may not exceed 20 cents per mile.
(d)
Regardless of the number of employees that an enrolled health care provider may
have, medical assistance covers sign and oral language interpreter services
when provided by an enrolled health care provider during the course of providing
a direct, person-to-person covered health care service to an enrolled recipient
with limited English proficiency or who has a hearing loss and uses
interpreting services. Coverage for
face-to-face oral language interpreter services shall be provided only if the
oral language interpreter used by the enrolled health care provider is listed
in the registry or roster established under section 144.058.
EFFECTIVE DATE. This section
is effective January 1, 2011.
Sec. 17. Minnesota Statutes 2008, section 256B.0625,
subdivision 31, is amended to read:
Subd. 31. Medical
supplies and equipment. Medical
assistance covers medical supplies and equipment. Separate payment outside of the facility's
payment rate shall be made for wheelchairs and wheelchair accessories for
recipients who are residents of intermediate care facilities for the
developmentally disabled. Reimbursement
for wheelchairs and wheelchair accessories for ICF/MR recipients shall be
subject to the same conditions and limitations as coverage for recipients who
do not reside in institutions. A
wheelchair purchased outside of the facility's payment rate is the property of
the recipient. The commissioner may
set reimbursement rates for specified categories of medical supplies at levels
below the Medicare payment rate.
Sec. 18. Minnesota Statutes 2008, section 256B.0625,
is amended by adding a subdivision to read:
Subd. 54. Services
provided in birth centers. (a)
Medical assistance covers services provided in a licensed birth center by a
licensed health professional if the service would otherwise be covered if
provided in a hospital.
(b) Facility
services provided by a birth center shall be paid at the lower of billed
charges or 70 percent of the statewide average for a facility payment rate made
to a hospital for an uncomplicated vaginal birth as determined using the most
recent calendar year for which complete claims data is available. If a recipient is transported from a birth
center to a hospital prior to the delivery, the payment for facility services
to the birth center shall be the lower of billed charges or 15 percent of the
average facility payment made to a hospital for the services provided for an
uncomplicated vaginal delivery as determined using the most recent calendar
year for which complete claims data is available.
(c) Nursery
care services provided by a birth center shall be paid the lower of billed
charges or 70 percent of the statewide average for a payment rate paid to a
hospital for nursery care as determined by using the most recent calendar year
for which complete claims data is available.
(d)
Professional services provided by traditional midwives licensed under chapter
147D shall be paid at the lower of billed charges or 100 percent of the rate
paid to a physician performing the same services. If a recipient is transported from a birth
center to a hospital prior to the delivery, a licensed traditional midwife who
does not perform the delivery may not bill for any delivery services. Services are not covered if provided by an
unlicensed traditional midwife.
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(e) The
commissioner shall apply for any necessary waivers from the Centers for
Medicare and Medicaid Services to allow birth centers and birth center
providers to be reimbursed.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 19. Minnesota Statutes 2008, section 256B.0631,
subdivision 1, is amended to read:
Subdivision
1. Co-payments. (a) Except as provided in subdivision 2,
the medical assistance benefit plan shall include the following co-payments for
all recipients, effective for services provided on or after October 1, 2003,
and before January 1, 2009:
(1) $3 per
nonpreventive visit. For purposes of
this subdivision, a visit means an episode of service which is required because
of a recipient's symptoms, diagnosis, or established illness, and which is
delivered in an ambulatory setting by a physician or physician ancillary,
chiropractor, podiatrist, nurse midwife, advanced practice nurse, audiologist,
optician, or optometrist;
(2) $3 for
eyeglasses;
(3) $6 for
nonemergency visits to a hospital-based emergency room; and
(4) $3 per
brand-name drug prescription and $1 per generic drug prescription, subject to a
$12 per month maximum for prescription drug co-payments. No co-payments shall apply to antipsychotic
drugs when used for the treatment of mental illness.
(b) Except
as provided in subdivision 2, the medical assistance benefit plan shall include
the following co-payments for all recipients, effective for services provided on
or after January 1, 2009:
(1) $6
$3.50 for nonemergency visits to a hospital-based emergency room;
(2) $3 per
brand-name drug prescription and $1 per generic drug prescription, subject to a
$7 per month maximum for prescription drug co-payments. No co-payments shall apply to antipsychotic
drugs when used for the treatment of mental illness; and
(3) for
individuals identified by the commissioner with income at or below 100 percent
of the federal poverty guidelines, total monthly co-payments must not exceed
five percent of family income. For
purposes of this paragraph, family income is the total earned and unearned
income of the individual and the individual's spouse, if the spouse is enrolled
in medical assistance and also subject to the five percent limit on
co-payments.
(c)
Recipients of medical assistance are responsible for all co-payments in this
subdivision.
EFFECTIVE DATE.