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CONFERENCE COMMITTEE REPORT ON 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 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.

 

May 15, 2010

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 2900 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 2900 be further amended as follows:


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Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

GAME AND FISH

 

Section 1.  Minnesota Statutes 2008, section 17.4982, is amended by adding a subdivision to read:

 

Subd. 10a.  Fish collector.  "Fish collector" means an individual who has been certified under section 17.4989 to oversee the collection of fish samples from a facility or a water body for disease testing by a certified laboratory.

 

Sec. 2.  Minnesota Statutes 2008, section 17.4982, subdivision 12, is amended to read:

 

Subd. 12.  Fish health inspection.  (a) "Fish health inspection" means an on-site, statistically based sampling, collection, and testing of fish in accordance with processes in the Fish Health Blue Book for all lots of fish in a facility or the Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE) to test for causative pathogens.  The samples for inspection must be collected by a fish health inspector or a fish collector in cooperation with the producer.  Testing of samples must be done by an approved laboratory.

 

(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in nonsalmonids must include at least a minimum viral testing of ovarian fluids at the 95 percent confidence level of detecting two percent incidence of disease (ovarian fluids must be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic necrosis).  Bacterial diseases must be sampled at the 95 percent confidence level with a five percent incidence of disease.  The inspection must be performed by a fish health inspector in cooperation with the producer with subsequent examination of the collected tissues and fluids for the detection of certifiable diseases.

 

(c) The inspection for certifiable diseases for wild fish must follow the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.

 

Sec. 3.  [17.4989] FISH SAMPLE COLLECTING. 

 

Subdivision 1.  Training.  Fish collector training may be offered by any organization or agency that has had its class and practicum syllabus approved by the commissioner.  The class and practicum must include the following components:

 

(1) accurate identification of licensed water bodies listed according to section 17.4984 and ensuring that collection is taking place at the correct site;

 

(2) identification of fish internal organs;

 

(3) fish dissection and sample preparation as identified by the Department of Natural Resources based on specific testing requirements or as outlined in the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE);

 

(4) recording and reporting data;

 

(5) sample preparation and shipping;

 

(6) a field collection site test to demonstrate mastery of the necessary skills, overseen by a certified fish health inspector; and


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(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.

 

(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 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.


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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 35.82, subdivision 2, is amended to read:

 

Subd. 2.  Disposition of carcasses.  (a) Except as provided in subdivision 1b and paragraph paragraphs (d) and (f), every person owning or controlling any domestic animal that has died or been killed otherwise than by being slaughtered for human or animal consumption, shall as soon as reasonably possible bury the carcass at a depth adequate to prevent scavenging by other animals in the ground or thoroughly burn it or dispose of it by another method approved by the board as being effective for the protection of public health and the control of livestock diseases.  The board, through its executive director, may issue permits to owners of rendering plants located in Minnesota which are operated and conducted as required by law, to transport carcasses of domestic animals and fowl that have died, or have been killed otherwise than by being slaughtered for human or animal consumption, over the public highways to their plants for rendering purposes in accordance with the rules adopted by the board relative to transportation, rendering, and other provisions the board considers necessary to prevent the spread of disease.  The board may issue permits to owners of rendering plants located in an adjacent state with which a reciprocal agreement is in effect under subdivision 3.

 

(b) Carcasses collected by rendering plants under permit may be used for pet food or mink food if the owner or operator meets the requirements of subdivision 1b.

 

(c) An authorized employee or agent of the board may enter private or public property and inspect the carcass of any domestic animal that has died or has been killed other than by being slaughtered for human or animal consumption.  Failure to dispose of the carcass of any domestic animal within the period specified by this subdivision is a public nuisance.  The board may petition the district court of the county in which a carcass is located for a writ requiring the abatement of the public nuisance.  A civil action commenced under this paragraph does not preclude a criminal prosecution under this section.  No person may sell, offer to sell, give away, or convey along a public road or on land the person does not own, the carcass of a domestic animal when the animal died or was killed other than by being slaughtered for human or animal consumption unless it is done with a special permit pursuant to this section.  The carcass or parts of a domestic animal that has died or has been killed other than by being slaughtered for human or animal consumption may be transported along a public road for a medical or scientific purpose if the carcass is enclosed in a leakproof container to prevent spillage or the dripping of liquid waste.  The board may adopt rules relative to the transportation of the carcass of any domestic animal for a medical or scientific purpose.  A carcass on a public thoroughfare may be transported for burial or other disposition in accordance with this section.

 

No person who owns or controls diseased animals shall negligently or willfully permit them to escape from that control or to run at large.

 

(d) A sheep producer may compost sheep carcasses owned by the producer on the producer's land without a permit and is exempt from compost facility specifications contained in rules of the board.


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(e) The board shall develop best management practices for dead animal disposal and the Pollution Control Agency feedlot program shall distribute them to livestock producers in the state.

 

(f) Paragraph (a) does not apply to livestock killed by wild animals or domestic dogs and the carcass is out-of-sight of the public, and will be used to attract the offending predators back to the kill site.

 

Sec. 7.  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. 8.  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;

 

(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. 9.  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.


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(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.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 10.  [84D.105] COMMERCIAL DOCK AND BOAT LIFT INSTALLERS; INVASIVE SPECIES TRAINING REQUIRED. 

 

An individual installing or removing docks or boat lifts for a fee on more than one lake shall attend at least one hour of training during the previous 36 months on the identification and methods to prevent the spread of invasive species, if a training session is conducted within 50 miles of the individual's place of business and the cost does not exceed $10.  A person conducting invasive species training of dock and boat lift installers, as provided in this section, must be approved for invasive species training by the commissioner.  A person conducting invasive species training of dock and boat lift installers shall issue a certificate of training to an individual who attends invasive species training for at least one hour.  The certificate shall include the name, address, and phone number of the person conducting the training, the location of the training, the date and time of the training, the name of the individual receiving the training, and the name of the business employing the installer, if applicable.  An individual who is required to have training under this section shall have a valid certificate of training in possession while the individual is installing or removing docks or boat lifts.

 

Sec. 11.  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.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 12.  Minnesota Statutes 2008, section 84D.13, subdivision 3, is amended to read:

 

Subd. 3.  Criminal penalties.  (a) A person who violates a provision of section sections 84D.06, 84D.07, 84D.08, or to 84D.10, or a rule adopted under section 84D.12, is guilty of a misdemeanor. 


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(b) A person who possesses, transports, or introduces a prohibited invasive species in violation of section 84D.05 is guilty of a misdemeanor.  A person who imports, purchases, sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty of a gross misdemeanor. 

 

(c) A person who refuses to obey an order of a peace officer or conservation officer to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer, or plant harvesting equipment is guilty of a gross misdemeanor.

 

Sec. 13.  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. 14.  Minnesota Statutes 2008, section 97A.055, subdivision 4b, is amended to read:

 

Subd. 4b.  Citizen oversight subcommittees.  (a) The commissioner shall appoint subcommittees of affected persons to review the reports prepared under subdivision 4; review the proposed work plans and budgets for the coming year; propose changes in policies, activities, and revenue enhancements or reductions; review other relevant information; and make recommendations to the legislature and the commissioner for improvements in the management and use of money in the game and fish fund.

 

(b) The commissioner shall appoint the following subcommittees, each comprised of at least three affected persons:

 

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding activities related to trout and salmon stamp and walleye stamp funding;

 

(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding activities related to migratory waterfowl, pheasant, and wild turkey management funding and excluding review of the amounts available under section 97A.075, subdivision 1, paragraphs (b) and (c);

 

(3) a Big Game Subcommittee to review the report required in subdivision 4, paragraph (a), clause (2);

 

(4) an Ecological Resources Subcommittee to review ecological services funding;

 

(5) a subcommittee to review game and fish fund funding of enforcement and operations support;

 

(6) a subcommittee to review the trout and salmon stamp report and address funding issues related to trout and salmon;

 

(7) a subcommittee to review the report on the migratory waterfowl stamp and address funding issues related to migratory waterfowl;

 

(8) a subcommittee to review the report on the pheasant stamp and address funding issues related to pheasants;

 

(9) a subcommittee to review the report on the wild turkey management account and address funding issues related to wild turkeys; and

 

(10) a subcommittee to review the walleye stamp and address funding issues related to walleye stocking; and

 

(11) a subcommittee to review trapping license revenue and expenditures and trapping issues.


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(c) The chairs of each of the subcommittees shall form a Budgetary Oversight Committee to coordinate the integration of the subcommittee reports into an annual report to the legislature; recommend changes on a broad level in policies, activities, and revenue enhancements or reductions; provide a forum to address issues that transcend the subcommittees; and submit a report for any subcommittee that fails to submit its report in a timely manner.

 

(d) The Budgetary Oversight Committee shall develop recommendations for a biennial budget plan and report for expenditures on game and fish activities.  By August 15 of each even-numbered year, the committee shall submit the budget plan recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance.

 

(e) Each subcommittee shall choose its own chair, except that the chair of the Budgetary Oversight Committee shall be appointed by the commissioner and may not be the chair of any of the subcommittees.

 

(f) The Budgetary Oversight Committee must make recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance for outcome goals from expenditures.

 

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010 2011.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 15.  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.

 

Sec. 16.  Minnesota Statutes 2008, section 97A.145, subdivision 2, is amended to read:

 

Subd. 2.  Acquisition procedure.  (a) Lands purchased or leased under this section must be acquired in accordance with this subdivision.

 

(b) The commissioner must notify the county board and the town officers where the land is located and furnish them a description of the land to be acquired.  The county board must approve or disapprove the proposed acquisition within 90 days after being notified.  The commissioner may extend the time up to 30 days.  The soil and water conservation district supervisors shall counsel the county board on drainage and flood control and the best utilization and capability of the land.

 

(c) If the county board approves the acquisition within the prescribed time, the commissioner may acquire the land.

 

(d) If the county board disapproves the acquisition, it must state valid reasons.  The commissioner may not purchase or lease the land if the county board disapproves the acquisition and states its reasons within the prescribed time period.  The landowner or the commissioner may appeal the disapproval to the district court having jurisdiction where the land is located.

 

(e) For acquisitions north of U.S. Highway 2, the commissioner or the owner of the land may submit the proposed acquisition to the Land Exchange Board if:  (1) the county board does not give reason for disapproval, or does not approve or disapprove the acquisition within the prescribed time period; or (2) the court finds that the disapproval is arbitrary and capricious, or that the reasons stated for disapproval are invalid.


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(f) For acquisitions south of U.S. Highway 2, the commissioner or the owner of the land may submit the proposed acquisition to the Land Exchange Board if:  (1) the county board does not give reason for disapproval, or does not approve or disapprove the acquisition within the prescribed time period; or (2) the commissioner or the owner finds that the disapproval is arbitrary and capricious, that the reasons stated for disapproval are invalid, or that the acquisition is in the public interest.

 

(f) (g) The Land Exchange Board must conduct a hearing and make a decision on the acquisition within 60 days after receiving the proposal.  The Land Exchange Board must give notice of the hearing to the county board, the commissioner, the landowner, and other interested parties.  The Land Exchange Board must consider the interests of the county, the state, and the landowner in determining whether the acquisition is in the public interest.  If a majority of the Land Exchange Board members approves the acquisition, the commissioner may acquire the land.  If a majority disapproves, the commissioner may not purchase or lease the land.

 

Sec. 17.  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. 18.  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:


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(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. 19.  Minnesota Statutes 2008, section 97A.331, is amended by adding a subdivision to read:

 

Subd. 4b.  Hunting big game while under revocation.  Notwithstanding section 97A.421, subdivision 7, a person who takes big game during the time the person is prohibited from obtaining a license to take big game under section 97A.421 is guilty of a gross misdemeanor.

 

Sec. 20.  Minnesota Statutes 2008, section 97A.345, is amended to read:

 

97A.345 RESTITUTION VALUE OF WILD ANIMALS. 

 

(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. 21.  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).

 

Sec. 22.  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. 23.  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.


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Sec. 24.  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. 25.  Minnesota Statutes 2009 Supplement, section 97A.451, subdivision 2, is amended to read:

 

Subd. 2.  Residents under age 16 18; fishing.  (a) A resident under the age of 16 18 years may take fish without a license.

 

(b) A resident under the age of 16 18 may net ciscoes and whitefish for personal consumption without the license required under section 97A.475, subdivision 13.  A resident netting ciscoes and whitefish under this paragraph must follow all other applicable requirements for netting ciscoes and whitefish for personal consumption.

 

EFFECTIVE DATE.  This section is effective March 1, 2011.

 

Sec. 26.  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.

 

Sec. 27.  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.  When male deer are 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. 28.  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;


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(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. 29.  [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION. 

 

A parent or guardian may not knowingly direct, allow, or permit a person under the age of 18 to hunt without the required license, permit, training, or certification, or in violation of the game and fish laws.

 

Sec. 30.  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 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. 31.  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. 32.  Minnesota Statutes 2008, section 97B.045, is amended by adding a subdivision to read:

 

Subd. 4.  Exception for livestock producers taking predators.  The restrictions in subdivision 1 do not apply to a livestock producer or producer's employee while taking unprotected wild animals or predatory domestic dogs on the person's farm when experiencing predatory loss of livestock from wild animal or domestic dog predation and the firearm does not have a round in the chamber while the person is in the motor vehicle.


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Sec. 33.  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.

 

(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. 34.  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.


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Sec. 35.  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. 36.  Minnesota Statutes 2008, section 97B.211, subdivision 1, is amended to read:

 

Subdivision 1.  Possession of firearms prohibited.  (a) A person may not take deer by archery while in possession of a firearm.

 

(b) Paragraph (a) does not apply to a handgun carried in compliance with section 624.714.

 

Sec. 37.  Minnesota Statutes 2008, section 97B.325, is amended to read:

 

97B.325 DEER BIG GAME STAND RESTRICTIONS. 

 

A person may not take deer, elk, or moose 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 on private property or to a portable stand that is chained, belted, clamped, or tied with rope.

 

Sec. 38.  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.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 39.  [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. 40.  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 August 15 to March 1 under rules prescribed by the commissioner.  The commissioner may issue licenses to hunters impartially selected from a list of elk hunt applicants who indicated on their application that they would be interested and available to respond to an elk damage or nuisance situation.  Notwithstanding section 97A.433, subdivision 2, clause (2), a person receiving a license to hunt elk under this subdivision does not lose eligibility for future elk hunts.

 

Sec. 41.  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.

 

Sec. 42.  Minnesota Statutes 2008, section 97B.711, is amended by adding a subdivision to read:

 

Subd. 4.  Shooting grouse prohibited near motor vehicle.  A person in the vicinity of a motor vehicle may not discharge a firearm or an arrow from a bow at a grouse, or at a decoy of a grouse placed by an enforcement officer, unless the person is at least ten feet from the vehicle and the vehicle's engine is shut off.  This subdivision does not apply to a person with a disability permit issued under section 97B.055, subdivision 3.

 

Sec. 43.  Minnesota Statutes 2008, section 97B.803, is amended to read:

 

97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS. 

 

(a) The commissioner shall prescribe seasons, limits, and areas for taking migratory waterfowl in accordance with federal law.

 

(b) The regular duck season may not open before the Saturday closest to October 1.

 

Sec. 44.  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


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the State Register, amend daily, possession, or size limits to make midseason adjustments based on available harvest, angling pressure, and population data to manage the fisheries in the 1837 Ceded Territory in 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.  Before the written order is effective, the commissioner shall attempt to notify persons or groups of persons affected by the written order by public announcement, posting, and other appropriate means as determined by the commissioner.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 45.  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. 46.  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:


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(1) prescribe methods to acquire brood stock for the ponds by seining public waters;

 

(2) allow the sporting organizations to own and use seines and other necessary equipment; and

 

(3) prescribe methods for stocking the fish in public waters that give priority to the needs of the community where the fish are reared and the desires of the organization operating the rearing pond.

 

(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. 47.  Minnesota Statutes 2008, section 97C.315, subdivision 1, is amended to read:

 

Subdivision 1.  Lines.  (a) An angler may not use more than one line except as provided in paragraph (b), and:

 

(1) two lines may be used to take fish through the ice; and

 

(2) the commissioner may, by rule, authorize the use of two lines in areas designated by the commissioner in Lake Superior.

 

(b) During the open water period, an angler may use two lines if the angler purchases a second line endorsement for $10 and the endorsement is purchased with the angling license.  An angler with a two-line endorsement is prohibited from the use of two lines on experimental or special management waters that have reduced limits for any species that are not based on size.  Daily and possession limits during the open water season for fish taken by a person with a two-line endorsement are one-half the daily and possession limits for the corresponding fish taken under a standard angling license, rounded down to the next whole number, if necessary.  By March 1, 2011, the commissioner shall provide for public education on the availability of and restrictions under a two-line endorsement.

 

EFFECTIVE DATE.  This section is effective March 1, 2011.

 

Sec. 48.  [97C.338] TRANSPORTATION AND BAIT USE OF LARGE BULLHEADS AND WHITE SUCKERS. 

 

Subdivision 1.  Large bullheads.  (a) Notwithstanding section 97C.205, paragraph (a), up to 100 bullheads that are greater than seven inches and equal to or less than ten inches in length may be taken, possessed, transported, and held for use as live bait as provided in this section.

 

(b) Bullheads taken under this section may be taken from the wild by:

 

(1) angling;

 

(2) dip net; or

 

(3) seines used as authorized for noncommercial taking of minnows under sections 97C.505 and 97C.511, subdivision 1, and as prescribed by the commissioner.


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(c) Bullheads taken and possessed under this section count towards the daily and possession limits for bullheads prescribed by the commissioner.

 

(d) Bullheads taken and possessed under this section must be transported in a container with a locking lid or other device to prevent escape, and live bullheads may not be released into the wild.

 

(e) A person transporting or holding bullheads under this section must allow inspection of the bullheads by the commissioner at any time.

 

(f) A person may not transport live bullheads taken or possessed under this section across the Minnesota state border without an appropriate commercial license and transportation permit.

 

Subd. 2.  Bullhead transportation north of State Highway 210.  Live bullheads, regardless of size, may not be transported north of State Highway 210 except under an appropriate commercial fishing, aquatic farm, private hatchery, or minnow dealer license or as specifically authorized by permit.

 

Subd. 3.  Large white suckers.  Notwithstanding section 97C.205, paragraph (a), white suckers that are over 12 inches in length and have been legally purchased from a licensed commercial vendor may be transported alive if the person transporting them has in personal possession a valid sales receipt from the vendor.  To be valid, the sales receipt must:

 

(1) show the number of fish purchased;

 

(2) show the date and time of the purchase; and

 

(3) have a date and time of purchase that is not more than 96 hours prior to the time the suckers are being transported.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 49.  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.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 50.  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;

 

(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.

 

Sec. 51.  [348.125] COYOTE CONFLICT MANAGEMENT OPTION. 

 

A county or town 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 or town.  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.

 

Sec. 52.  ZONE 3 DEER SEASON AND RESTRICTIONS; 2010. 

 

For the 2010 deer season, notwithstanding rules of the commissioner of natural resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November 6 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20.  Zone 3 is defined in rules of the Department of Natural Resources.  The penalty provisions under Minnesota Statutes, section 97A.301, apply to specific restrictions under this section.


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Sec. 53.  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. 54.  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.

 

Sec. 55.  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 and provide for double the restitution rate under current rules for muskellunge taken illegally on Cass Lake.  A person taking muskellunge by spear on Cass Lake is subject to Minnesota Statutes, sections 97A.420 and 97A.421, subdivision 2a, paragraph (a), clause (2).  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. 56.  INCIDENTAL TAKINGS REPORT. 

 

By January 15, 2011, the commissioner of natural resources shall report to the legislative natural resource policy committees on a process for reporting and tagging muskrat or otter incidentally taken in a beaver trap during the beaver season.

 

Sec. 57.  PILOT WALK-IN PUBLIC ACCESS PROGRAM; APPROPRIATION. 

 

(a) $1,400,000 in fiscal year 2011 is appropriated from the game and fish fund to the commissioner of natural resources for a two-year pilot walk-in public access program.  The commissioner shall work with the Board of Water and Soil Resources and other interested persons to design a pilot program.  The commissioner shall pursue additional funding and coordination with the United States Department of Agriculture.  The commissioner shall contract with landowners at locations within the agricultural areas of the state for recreational access on lands containing at least 40 contiguous acres of game habitat.  At a minimum, all of the locations must be open to the public for taking game during prescribed seasons from September 1 to the end of the small game season each year.  Land under contract pursuant to this section shall be treated the same as land made available without charge for recreational purposes under Minnesota Statutes, sections 604A.20 to 604A.27.  This is a onetime appropriation and is available until June 30, 2012.

 

(b) By February 15, 2011, the commissioner shall provide a progress report to the house of representatives and senate committees and divisions with primary jurisdiction over natural resources policy and budget on the pilot walk-in public access program.  The report shall include:

 

(1) the number of acres and location of each pilot walk-in public access contract;

 

(2) information on landowner acceptance of the program;

 

(3) information on the design of the program, including payments for landowner contracts and other criteria for the program;

 

(4) a copy of the landowner contract used for the pilot program;


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(5) potential concerns raised by interested parties regarding a walk-in public access program, including:

 

(i) concerns from adjacent landowners and options for addressing those concerns; and

 

(ii) potential concerns from landowners that may participate, including property damage, and options for addressing those concerns;

 

(6) a proposed source of revenue for continuation of the program and the leverage of federal funds; and

 

(7) habitat criteria for the public access walk-in contracts, including any recommendations on use of money from other sources for restoration and enhancement of the walk-in access sites.

 

Sec. 58.  REPEALER. 

 

(a) Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435, subdivision 5; 97B.511; and 97B.515, subdivision 3, are repealed.

 

(b) Minnesota Statutes 2009 Supplement, section 97C.346, is repealed.

 

ARTICLE 2

 

NATURAL RESOURCES POLICY

 

Section 1.  Minnesota Statutes 2008, section 86B.101, is amended to read:

 

86B.101 WATERCRAFT SAFETY AND EDUCATION PROGRAM. 

 

Subdivision 1.  Safety and education program.  The commissioner shall continue and expand the comprehensive boat watercraft safety and education program.  The commissioner shall cooperate with boaters watercraft owners, governmental subdivisions, state agencies, other states, and the federal government in the operation of the program.

 

Subd. 2.  Youth watercraft safety and education course.  (a) The commissioner shall establish an educational course and a testing program for personal watercraft and watercraft operators and for persons age 12 or older but younger than age 18 required to take the watercraft safety and education course.  The course shall have an invasive species component that includes the identification of invasive species and invasive species control requirements.  The commissioner shall prescribe a written test as part of the course.  A personal watercraft educational course and testing program that emphasizes safe and legal operation must be required for persons age 13 or older but younger than age 18 operating personal watercraft.

 

(b) The commissioner shall issue a watercraft operator's permit to a person age 12 or older but younger than age 18 who successfully completes the educational program and the written test.

 

Subd. 3.  Operator's permit.  The commissioner shall issue a watercraft operator's permit to a person who successfully qualifies for a watercraft operator's permit under the boat watercraft safety and education program.

 

Subd. 4.  Boat Watercraft safety and education program; reciprocity with other states.  The commissioner may enter into reciprocity agreements or otherwise certify boat watercraft safety and education programs from other states that are substantially similar to in-state programs.  The commissioner shall issue a watercraft operator's permit to a person who provides proof of completion of a program subject to a reciprocity agreement or certified as substantially similar.


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Sec. 2.  REPORT ON PAYMENTS IN LIEU OF TAXES FOR STATE NATURAL RESOURCE LANDS. 

 

By October 1, 2010, the commissioner of natural resources, after consultation with the commissioners of revenue and management and budget, shall use a stakeholder process that includes representatives from affected local units of government and other interested parties and shall report to the senate and house of representatives natural resources and tax policy and finance committees and divisions with recommended changes to payment in lieu of taxes for natural resource lands under Minnesota Statutes, sections 97A.061 and 477A.11 to 477A.145.  The report shall include an analysis of the current payment and distribution system, and any recommended changes to:

 

(1) the purpose of the payment system and the criteria for payments;

 

(2) the rate of payments for specific classes of natural resource lands; and

 

(3) the formula for distribution of the payments to local units of government.

 

ARTICLE 3

 

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 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).


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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 a state forest.  The commissioner shall propose legislation to change the boundaries of established state forests for the acquisition of land adjacent to the state forests, provided that the lands meet the definition of forest land as defined in section 89.001, subdivision 4.

 

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.  Laws 2008, chapter 368, article 1, section 34, as amended by Laws 2009, chapter 176, article 4, section 2, is amended to read:

 

Sec. 34.  PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of natural resources shall sell to the city of Wayzata the surplus land that is described in paragraph (c) upon verification that the city has acquired the adjacent parcel, currently occupied by a gas station.

 

(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 described in paragraph (c) to the city of Wayzata, for up to $75,000 plus transaction costs, but the conveyance must provide that the land described in paragraph (c) be used for a public road and reverts to the state if the city of Wayzata fails to provide for public use of the land as a road or abandons the public use of the land.

 

(c) The land that may be sold is located in Hennepin County and is described as:  Tract F, Registered Land Survey No. 1168.

 

(d) The Department of Natural Resources has determined that the state's land management interests would best be served if the land was conveyed to the city of Wayzata.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

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).


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(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 $1, but the conveyance must provide that the land be used for the public and reverts to the state if the band fails to provide for public use or abandons the public use of the land.  The conveyance may reserve an easement for ingress and egress.

 

(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;


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(5) the East Half of the Southeast Quarter of the Southwest Quarter of Section 23, Township 102, Range 12, Fillmore County, Minnesota; and

 

(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.


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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.

 

Sec. 11.  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. 12.  PUBLIC SALE OF SURPLUS STATE LAND; ANTICIPATED SAVINGS TO GENERAL FUND.

 

Notwithstanding Minnesota Statutes, section 94.10, the commissioner of natural resources may offer and sell surplus land at public sale for not less than 75 percent of the estimated or appraised value of the land or for not less than 75 percent of 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. 13.  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 to a political subdivision the surplus land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(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.

 

(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 political subdivision.  A political subdivision would like to use this parcel as a wetland mitigation site.

 

(e) This sale is the result of the intent expressed by the city of Columbus and Anoka County to allow the commissioner of natural resources to replace the approximately 80 acres of land with land adjacent to the Carlos Avery Wildlife Management Area from willing sellers as identified in the November 19, 2007, Department of Natural Resources' land acquisition plan.

 

Sec. 14.  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.


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(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.

 

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


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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. 15.  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 to a political subdivision the surplus land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(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.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes.

 

Sec. 16.  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


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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. 17.  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.

 

(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. 18.  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 to a school district 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:


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(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.

 

Sec. 19.  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).

 

(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. 20.  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).

 

(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.


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(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. 21.  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 to a local unit of government 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 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. 22.  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.

 

(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


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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. 23.  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.

 

Sec. 24.  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).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.


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(c) The land that may be sold is located in 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. 25.  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.

 

Sec. 26.  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.


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(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:

 

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.


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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.

 

(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. 27.  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.


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(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.

 

Sec. 28.  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. 29.  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. 30.  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).


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(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.

 

Sec. 31.  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) 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 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. 32.  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.


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Sec. 33.  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.

 

(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. 34.  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:


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(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 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


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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. 35.  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. 36.  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.

 

(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;


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(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. 37.  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;

 

(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. 38.  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.


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(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. 39.  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. 

 

(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. 40.  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.


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(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. 41.  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 to a political subdivision 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 political subdivision.  A political subdivision would like to use these parcels as wetland mitigation sites.

 

(e) This sale is the result of the intent expressed by of the city of Columbus and Anoka County to allow the commissioner of natural resources to replace the approximately 57 acres of land with land adjacent to the Carlos Avery Wildlife Management Area from willing sellers as identified in the November 19, 2007, Department of Natural Resources' land acquisition plan.

 

Sec. 42.  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).


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(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:  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. 43.  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 or convey for no consideration to the United States of America, acting through the United States National Park Service, Department of the Interior, 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:

 

(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 or conveyed to the United States of America and managed by the National Park Service.

 

Sec. 44.  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.


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(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. 45.  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. 46.  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. 47.  EFFECTIVE DATE. 

 

Sections 12 to 46 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 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 penalty and license provisions; modifying invasive species control provisions; modifying certain acquisition procedures; authorizing local coyote bounties; modifying watercraft safety program; modifying certain committees; modifying method of determining value of acquired stream easements; modifying state park and state forest provisions; providing for disposition of certain proceeds; adding to and deleting from state parks and state forests; authorizing public and private sales, conveyances, and exchanges of certain state land; requiring reports; 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; 84.0272, subdivision 2; 84.942, subdivision 1; 84D.03, subdivision 3; 84D.11, subdivision 2a; 84D.13, subdivision 3; 85.012, subdivision 40; 86B.101; 89.021, by adding a subdivision; 89.032, subdivision 2; 94.342, by adding a subdivision; 97A.015, subdivision 52; 97A.055, subdivision 4b; 97A.101, subdivision 3; 97A.145, subdivision 2; 97A.311, subdivision 5; 97A.331, subdivision 4, by adding a subdivision; 97A.345; 97A.421, subdivision 4a; 97A.433, by adding a subdivision; 97A.435, subdivision 1; 97A.502; 97A.535, subdivision 2a; 97A.545, subdivision 5; 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.325; 97B.405; 97B.515, by adding a subdivision; 97B.667; 97B.711, by adding a subdivision; 97B.803; 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; 97A.451, subdivision 2; 97B.055, subdivision 3; 97C.395, subdivision 1; 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; 97B; 97C; 348; repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; Minnesota Statutes 2009 Supplement, section 97C.346."

 

 

We request the adoption of this report and repassage of the bill.


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Senate Conferees:  Satveer Chaudhary, Dan Skogen and Bill Ingebrigtsen.

 

House Conferees:  David Dill, John Persell and Tony Cornish.

 

 

      Dill moved that the report of the Conference Committee on S. F. No. 2900 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

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 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 by Conference, and placed upon its repassage.


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      The question was taken on the repassage of the bill and the roll was called.  There were 111 yeas and 20 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eken

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Haws

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lesch

Lieder

Lillie

Loon

Mack

Mahoney

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rukavina

Sailer

Sanders

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Buesgens

Davids

Davnie

Eastlund

Emmer

Greiling

Hansen

Hausman

Hayden

Lenczewski

Liebling

Loeffler

Mariani

Norton

Peppin

Rosenthal

Ruud

Scalze

Scott

Welti


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2072:

 

      Greiling, Mariani, Garofalo, Ward and Brynaert.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2859:

 

      Simon, Kalin and Gottwalt.

 

 

MESSAGES FROM THE SENATE, Continued

 

 

      The following messages were received from the Senate:


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Madam Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 2634.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON S. F. NO. 2634

 

A bill for an act relating to public safety; making numerous changes to the controlled substance forfeiture law; expanding the reporting requirements related to forfeiture; requiring model policies on forfeiture; addressing the disposition of forfeiture proceeds; providing for a probable cause determination for certain forfeitures; amending Minnesota Statutes 2008, sections 97A.221, by adding a subdivision; 97A.223, by adding a subdivision; 97A.225, by adding a subdivision; 169A.63, by adding a subdivision; 491A.01, subdivision 3; 609.531, subdivisions 1a, 5, 5a, by adding a subdivision; 609.5311, subdivision 3; 609.5313; 609.5314; 609.5315, subdivisions 5, 6, by adding a subdivision; 609.5318, subdivision 3; 609.762, by adding a subdivision; 609.905, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 84.7741, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 388; 626.

 

May 15, 2010

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 2634 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 2634 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2009 Supplement, section 84.7741, is amended by adding a subdivision to read:

 

Subd. 13.  Reporting.  The appropriate agency and prosecuting authority shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.

 

Sec. 2.  Minnesota Statutes 2008, section 97A.221, is amended by adding a subdivision to read:

 

Subd. 5.  Reporting.  The appropriate agency and prosecuting authority shall report on forfeitures of firearms, bows, and motor vehicles occurring under this section as described in section 609.5315, subdivision 6.

 

Sec. 3.  Minnesota Statutes 2008, section 97A.223, is amended by adding a subdivision to read:

 

Subd. 6.  Reporting.  The appropriate agency and prosecuting authority shall report on forfeitures of firearms, bows, and motor vehicles occurring under this section as described in section 609.5315, subdivision 6.


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Sec. 4.  Minnesota Statutes 2008, section 97A.225, is amended by adding a subdivision to read:

 

Subd. 10.  Reporting.  The appropriate agency and prosecuting authority shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.

 

Sec. 5.  Minnesota Statutes 2008, section 169A.63, is amended by adding a subdivision to read:

 

Subd. 12.  Reporting.  The appropriate agency and prosecuting authority shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.

 

Sec. 6.  Minnesota Statutes 2008, section 491A.01, subdivision 3, is amended to read:

 

Subd. 3.  Jurisdiction; general.  (a) Except as provided in subdivisions 4 and 5, the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the amount of money or property that is the subject matter of the claim does not exceed $6,000 or, on and after July 1, 1994, :  (1) $7,500, or; (2) $4,000, if the claim involves a consumer credit transaction; or (3) $15,000, if the claim involves money or personal property subject to forfeiture under section 609.5311, 609.5312, 609.5314, or 609.5318.  "Consumer credit transaction" means a sale of personal property, or a loan arranged to facilitate the purchase of personal property, in which:

 

(1) credit is granted by a seller or a lender who regularly engages as a seller or lender in credit transactions of the same kind;

 

(2) the buyer is a natural person;

 

(3) the claimant is the seller or lender in the transaction; and

 

(4) the personal property is purchased primarily for a personal, family, or household purpose and not for a commercial, agricultural, or business purpose.

 

(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the territorial jurisdiction of conciliation court is coextensive with the county in which the court is established.  The summons in a conciliation court action under subdivisions 6 to 10 may be served anywhere in the state, and the summons in a conciliation court action under subdivision 7, paragraph (b), may be served outside the state in the manner provided by law.  The court administrator shall serve the summons in a conciliation court action by first class mail, except that if the amount of money or property that is the subject of the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail, and service on nonresident defendants must be made in accordance with applicable law or rule.  Subpoenas to secure the attendance of nonparty witnesses and the production of documents at trial may be served anywhere within the state in the manner provided by law.

 

When a court administrator is required to summon the defendant by certified mail under this paragraph, the summons may be made by personal service in the manner provided in the Rules of Civil Procedure for personal service of a summons of the district court as an alternative to service by certified mail.

 

Sec. 7.  Minnesota Statutes 2008, section 609.531, subdivision 4, is amended to read:

 

Subd. 4.  Seizure.  (a) Property subject to forfeiture under sections 609.531 to 609.5318 may be seized by the appropriate agency upon process issued by any court having jurisdiction over the property.  Property may be seized without process if: 

 

(1) the seizure is incident to a lawful arrest or a lawful search;


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(2) the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; or

 

(3) the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that:

 

(i) the property was used or is intended to be used in commission of a felony; or

 

(ii) the property is dangerous to health or safety.

 

If property is seized without process under item (i), the county attorney must institute a forfeiture action under section 609.5313 as soon as is reasonably possible. 

 

(b) When property is seized, the officer must provide a receipt to the person found in possession of the property; or in the absence of any person, the officer must leave a receipt in the place where the property was found, if reasonably possible.

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to seizures conducted on or after that date.

 

Sec. 8.  Minnesota Statutes 2008, section 609.531, subdivision 5, is amended to read:

 

Subd. 5.  Right to possession vests immediately; custody of seized property.  All right, title, and interest in property subject to forfeiture under sections 609.531 to 609.5318 vests in the appropriate agency upon commission of the act or omission giving rise to the forfeiture.  Any property seized under sections 609.531 to 609.5318 is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.  When property is so seized, the appropriate agency shall use reasonable diligence to secure the property and prevent waste and may do any of the following: 

 

(1) place the property under seal;

 

(2) remove the property to a place designated by it; and

 

(3) in the case of controlled substances, require the state Board of Pharmacy to take custody of the property and remove it to an appropriate location for disposition in accordance with law; and.

 

(4) take other steps reasonable and necessary to secure the property and prevent waste.

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to seized property in possession on or after that date.

 

Sec. 9.  Minnesota Statutes 2008, section 609.531, subdivision 5a, is amended to read:

 

Subd. 5a.  Bond by owner for possession.  (a) If the owner of property that has been seized under sections 609.531 to 609.5318 seeks possession of the property before the forfeiture action is determined, the owner may, subject to the approval of the appropriate agency, give security or post bond payable to the appropriate agency in an amount equal to the retail value of the seized property.  On posting the security or bond, the seized property must be returned to the owner and the forfeiture action shall proceed against the security as if it were the seized property.  This subdivision does not apply to contraband property or property being held for investigatory purposes. 

 

(b) If the owner of a motor vehicle that has been seized under this section seeks possession of the vehicle before the forfeiture action is determined, the owner may surrender the vehicle's certificate of title in exchange for the vehicle.  The motor vehicle must be returned to the owner within 24 hours if the owner surrenders the motor


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vehicle's certificate of title to the appropriate agency, pending resolution of the forfeiture action.  If the certificate is surrendered, the owner may not be ordered to post security or bond as a condition of release of the vehicle.  When a certificate of title is surrendered under this provision, the agency shall notify the Department of Public Safety and any secured party noted on the certificate.  The agency shall also notify the department and the secured party when it returns a surrendered title to the motor vehicle owner.

 

Sec. 10.  Minnesota Statutes 2008, section 609.531, is amended by adding a subdivision to read:

 

Subd. 7.  Petition for remission or mitigation.  Prior to the entry of a court order disposing with the forfeiture action, any person who has an interest in forfeited property may file with the county attorney a petition for remission or mitigation of the forfeiture.  The county attorney may remit or mitigate the forfeiture upon terms and conditions the county attorney deems reasonable if the county attorney finds that:  (1) the forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law; or (2) extenuating circumstances justify the remission or mitigation of the forfeiture. 

 

EFFECTIVE DATE.  This section is effective July 1, 2010.

 

Sec. 11.  Minnesota Statutes 2008, section 609.531, is amended by adding a subdivision to read:

 

Subd. 8.  Forfeiture policies; statewide model policy required.  (a) By December 1, 2010, the Peace Officer Standards and Training Board, after consulting with the Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers Association, shall develop a model policy that articulates best practices for forfeiture and is designed to encourage the uniform application of forfeiture laws statewide.  At a minimum, the policy shall address the following:

 

(1) best practices in pursuing, seizing, and tracking forfeitures;

 

(2) type and frequency of training for law enforcement on forfeiture laws; and

 

(3) situations in which forfeitures should not be pursued.

 

(b) By December 1, 2010, the Minnesota County Attorneys Association, after consulting with the attorney general, the Peace Officer Standards and Training Board, the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers Association, shall develop a model policy that articulates best practices for forfeiture and is designed to encourage the uniform application of forfeiture laws statewide.  At a minimum, the policy shall address the following:

 

(1) statutory role of prosecutors in forfeiture procedures;

 

(2) best practices for timely and fair resolution of forfeiture cases;

 

(3) type and frequency of training for prosecutors on forfeiture laws; and

 

(4) situations in which forfeitures should not be pursued.

 

(c) By December 1, 2010, the Minnesota County Attorneys Association and the Peace Officer Standards and Training Board shall forward an electronic copy of its respective model policy to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over criminal justice and civil law policy.

 

(d) By March 1, 2011, the chief law enforcement officer of every state and local law enforcement agency and every prosecution office in the state shall adopt and implement a written policy on forfeiture that is identical or substantially similar to the model policies developed under paragraphs (a) and (b).  The written policy shall be made available to the public upon request. 

 

EFFECTIVE DATE.  This section is effective July 1, 2010.


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Sec. 12.  Minnesota Statutes 2008, section 609.5311, subdivision 3, is amended to read:

 

Subd. 3.  Limitations on forfeiture of certain property associated with controlled substances.  (a) A conveyance device is subject to forfeiture under this section only if the retail value of the controlled substance is $25 $75 or more and the conveyance device is associated with a felony-level controlled substance crime.

 

(b) Real property is subject to forfeiture under this section only if the retail value of the controlled substance or contraband is $1,000 $2,000 or more.

 

(c) Property used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner of the property is a consenting party to, or is privy to, the use or intended use of the property as described in subdivision 2.

 

(d) Property is subject to forfeiture under this section only if its owner was privy to the use or intended use described in subdivision 2, or the unlawful use or intended use of the property otherwise occurred with the owner's knowledge or consent.

 

(e) Forfeiture under this section of a conveyance device or real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had knowledge of or consented to the act or omission upon which the forfeiture is based.  A person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence.

 

(f) Forfeiture under this section of real property is subject to the interests of a good faith purchaser for value unless the purchaser had knowledge of or consented to the act or omission upon which the forfeiture is based.

 

(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture based solely on the owner's or secured party's knowledge of the unlawful use or intended use of the property if:  (1) the owner or secured party took reasonable steps to terminate use of the property by the offender; or (2) the property is real property owned by the parent of the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation of chapter 152, or the real property constitutes proceeds derived from or traceable to a use described in subdivision 2.

 

(h) The Department of Corrections Fugitive Apprehension Unit shall not seize a conveyance device or real property, for the purposes of forfeiture under paragraphs (a) to (g).

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to offenses committed on or after that date.

 

Sec. 13.  Minnesota Statutes 2008, section 609.5313, is amended to read:

 

609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE. 

 

(a) The forfeiture of property under sections 609.5311 and 609.5312 is governed by this section.  A separate complaint must be filed against the property stating the act, omission, or occurrence giving rise to the forfeiture and the date and place of the act or occurrence.  Within 60 days from when the seizure occurs, the county attorney shall notify the owner or possessor of the property of the action, if known or readily ascertainable.  The action must be captioned in the name of the county attorney or the county attorney's designee as plaintiff and the property as defendant.  Upon motion by the county attorney, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown. 


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(b) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known.  An agency's return of property due to lack of proper notice does not restrict the right of the agency to commence a forfeiture proceeding at a later time.  The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to offenses committed on or after that date.

 

Sec. 14.  Minnesota Statutes 2008, section 609.5314, subdivision 2, is amended to read:

 

Subd. 2.  Administrative forfeiture procedure.  (a) Forfeiture of property described in subdivision 1 that does not exceed $50,000 in value is governed by this subdivision.  Within 60 days from when seizure occurs, or within a reasonable time after that, all persons known to have an ownership, possessory, or security interest in seized property must be notified of the seizure and the intent to forfeit the property.  In the case of a motor vehicle required to be registered under chapter 168, notice mailed by certified mail to the address shown in Department of Public Safety records is deemed sufficient notice to the registered owner.  The notification to a person known to have a security interest in seized property required under this paragraph applies only to motor vehicles required to be registered under chapter 168 and only if the security interest is listed on the vehicle's title.  Upon motion by the appropriate agency or county attorney, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.

 

(b) Notice may otherwise be given in the manner provided by law for service of a summons in a civil action.  The notice must be in writing and contain:

 

(1) a description of the property seized;

 

(2) the date of seizure;

 

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English, Hmong, Somali, and Spanish.  Substantially the following language must appear conspicuously:  "IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500." "If you do not demand judicial review exactly as prescribed in Minnesota Statutes, section 609.5314, subdivision 3, you lose the right to a judicial determination of this forfeiture and you lose any right you may have to the above described property.  You may not have to pay the filing fee for the demand if determined you are unable to afford the fee.  If the property is worth $15,000 or less, you may file your claim in conciliation court.  You do not have to pay the conciliation court filing fee if the property is worth less than $500."

 

(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known.  An agency's return of property due to lack of proper notice does not restrict the right of the agency to commence a forfeiture proceeding at a later time.  The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to offenses committed on or after that date.


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Sec. 15.  Minnesota Statutes 2008, section 609.5314, subdivision 3, is amended to read:

 

Subd. 3.  Judicial determination.  (a) Within 60 days following service of a notice of seizure and forfeiture under this section, a claimant may file a demand for a judicial determination of the forfeiture.  The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the county attorney for that county, and the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01.  If the value of the seized property is $7,500 or less, the claimant may file an action in conciliation court for recovery of the seized property.  If the value of the seized property is less than $500, the claimant does not have to pay the conciliation court filing fee.  No responsive pleading is required of the county attorney and no court fees may be charged for the county attorney's appearance in the matter.  The hearing must be held at the earliest practicable date, and in any event no later than 180 days following the filing of the demand by the claimant.  If a related criminal proceeding is pending, the hearing shall not be held until the conclusion of the criminal proceedings.  The district court administrator shall schedule the hearing as soon as practicable after adjudication in the criminal prosecution.  The proceedings are governed by the Rules of Civil Procedure. 

 

(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized.  Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.

 

(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a.  The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination. 

 

(d) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized property, the court shall order that filing fees be reimbursed to the person who filed the demand.  In addition, the court may order sanctions under section 549.211.  If the court orders payment of these costs, they must be paid from forfeited money or proceeds from the sale of forfeited property from the appropriate law enforcement and prosecuting agencies in the same proportion as they would be distributed under section 609.5315, subdivision 5. 

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to offenses committed on or after that date.

 

Sec. 16.  Minnesota Statutes 2008, section 609.5315, subdivision 1, is amended to read:

 

Subdivision 1.  Disposition.  (a) Subject to paragraph (b), if the court finds under section 609.5313, 609.5314, or 609.5318 that the property is subject to forfeiture, it shall order the appropriate agency to do one of the following:

 

(1) unless a different disposition is provided under clause (3) or (4), either destroy firearms, ammunition, and firearm accessories that the agency decides not to use for law enforcement purposes under clause (8), or sell them to federally licensed firearms dealers, as defined in section 624.7161, subdivision 1, and distribute the proceeds under subdivision 5 or 5b;

 

(2) sell property that is not required to be destroyed by law and is not harmful to the public and distribute the proceeds under subdivision 5 or 5b;

 

(3) sell antique firearms, as defined in section 624.712, subdivision 3, to the public and distribute the proceeds under subdivision 5 or 5b;


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(4) destroy or use for law enforcement purposes semiautomatic military-style assault weapons, as defined in section 624.712, subdivision 7;

 

(5) take custody of the property and remove it for disposition in accordance with law;

 

(6) forward the property to the federal drug enforcement administration;

 

(7) disburse money as provided under subdivision 5 or 5b; or

 

(8) keep property other than money for official use by the agency and the prosecuting agency.

 

(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may not sell firearms, ammunition, or firearms accessories if the policy is disapproved by the applicable county board.

 

(c) If property is sold under paragraph (a), the appropriate agency shall not sell property to an officer or employee of the agency that seized the property or to a person related to the officer or employee by blood or marriage.

 

(d) Sales of forfeited property under this section must be conducted in a commercially reasonable manner.

 

EFFECTIVE DATE.  This section is effective July 1, 2010.

 

Sec. 17.  Minnesota Statutes 2008, section 609.5315, subdivision 2, is amended to read:

 

Subd. 2.  Disposition of administratively forfeited property.  If property is forfeited administratively under section 609.5314 or 609.5318 and no demand for judicial determination is made, the appropriate agency shall provide the county attorney with a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a statement of probable cause for forfeiture of the property, and a description of the property and its estimated value.  Upon review and certification by the county attorney that (1) the appropriate agency provided a receipt in accordance with section 609.531, subdivision 4, or 626.16; (2) the appropriate agency served notice in accordance with section 609.5314, subdivision 2, or 609.5318, subdivision 2; and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate agency may dispose of the property in any of the ways listed in subdivision 1. 

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to offenses committed on or after that date.

 

Sec. 18.  Minnesota Statutes 2008, section 609.5315, subdivision 6, is amended to read:

 

Subd. 6.  Reporting requirement.  (a) For each forfeiture occurring in the state regardless of the authority for it, the appropriate agency and the prosecutor shall provide a written record of each the forfeiture incident to the state auditor.  The record shall include the amount forfeited, the statutory authority for the forfeiture, its date, and a brief description of the circumstances involved, and whether the forfeiture was contested.  For controlled substance and driving while impaired forfeitures, the record shall indicate whether the forfeiture was initiated as an administrative or a judicial forfeiture.  The record shall also list the number of firearms forfeited and the make, model, and serial number of each firearm forfeited.  The record shall indicate how the property was or is to be disposed of.

 

(b) An appropriate agency or the prosecutor shall report to the state auditor all instances in which property seized for forfeiture is returned to its owner either because forfeiture is not pursued or for any other reason.

 

(c) Reports shall be made on a monthly basis in a manner prescribed by the state auditor.  The state auditor shall report annually to the legislature on the nature and extent of forfeitures.


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(d) For forfeitures resulting from the activities of multijurisdictional law enforcement entities, the entity on its own behalf shall report the information required in this subdivision.

 

(e) The prosecutor is not required to report information required by this subdivision unless the prosecutor has been notified by the state auditor that the appropriate agency has not reported it.

 

Sec. 19.  Minnesota Statutes 2008, section 609.762, is amended by adding a subdivision to read:

 

Subd. 6.  Reporting.  The law enforcement and prosecuting agencies shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.

 

Sec. 20.  Minnesota Statutes 2008, section 609.905, is amended by adding a subdivision to read:

 

Subd. 3.  Reporting.  The prosecuting authority shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.

 

Sec. 21.  DEVELOPMENT OF ADMINISTRATIVE FORFEITURE NOTICE LANGUAGE. 

 

The commissioner of public safety, in consultation with the executive director of the Peace Officer Standards and Training Board and the Minnesota County Attorneys Association, shall recommend modifications to the notice language described in Minnesota Statutes, sections 84.7741, subdivision 8, paragraph (c), clause (3); 169A.63, subdivision 8, paragraph (c), clause (3); and 609.5314, subdivision 2, paragraph (b), clause (3).  By January 15, 2011, the commissioner shall submit the recommended language to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over criminal justice and civil law policy."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; making numerous changes to the forfeiture law; expanding the reporting requirements related to forfeiture; requiring model policies on forfeiture; requiring officers to give forfeiture receipts upon seizure of property; implementing timelines for forfeiture notice and hearings; placing a cap on the value of property that may be forfeited administratively; authorizing petitions for remission and mitigation of seized property; requiring certification by prosecutor before property may be forfeited administratively; prohibiting sale of forfeited property to law enforcement officers, employees, and family members; amending Minnesota Statutes 2008, sections 97A.221, by adding a subdivision; 97A.223, by adding a subdivision; 97A.225, by adding a subdivision; 169A.63, by adding a subdivision; 491A.01, subdivision 3; 609.531, subdivisions 4, 5, 5a, by adding subdivisions; 609.5311, subdivision 3; 609.5313; 609.5314, subdivisions 2, 3; 609.5315, subdivisions 1, 2, 6; 609.762, by adding a subdivision; 609.905, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 84.7741, by adding a subdivision."

 

 

We request the adoption of this report and repassage of the bill.

 

Senate Conferees:  Mee Moua, Linda Higgins and Ron Latz.

 

House Conferees:  Joe Mullery, Debra Hilstrom and Tony Cornish.

 

 

      Mullery moved that the report of the Conference Committee on S. F. No. 2634 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.


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S. F. No. 2634, A bill for an act relating to public safety; making numerous changes to the controlled substance forfeiture law; expanding the reporting requirements related to forfeiture; requiring model policies on forfeiture; addressing the disposition of forfeiture proceeds; providing for a probable cause determination for certain forfeitures; amending Minnesota Statutes 2008, sections 97A.221, by adding a subdivision; 97A.223, by adding a subdivision; 97A.225, by adding a subdivision; 169A.63, by adding a subdivision; 491A.01, subdivision 3; 609.531, subdivisions 1a, 5, 5a, by adding a subdivision; 609.5311, subdivision 3; 609.5313; 609.5314; 609.5315, subdivisions 5, 6, by adding a subdivision; 609.5318, subdivision 3; 609.762, by adding a subdivision; 609.905, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 84.7741, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 388; 626.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


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

Johnson

Juhnke

Kahn

Kalin

Kath

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 repassed, as amended by Conference, and its title agreed to.

 

 

Madam Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 3134.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate


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CONFERENCE COMMITTEE REPORT ON S. F. NO. 3134

 

A bill for an act relating to government operations; describing how to fold the state flag; defining certain powers of the Council on Black Minnesotans; requiring fiscal notes to include information about job creation; limiting requirements for approval by individual legislators in the disposal process for certain state-owned buildings; increasing threshold requirements for deposit of agency receipts; imposing requirements on agencies for contracts over a certain amount; requiring state chief information officer to develop standards for enhanced public access to state electronic records; clarifying use of fees in the combined charities campaign; transferring membership in the Workers' Compensation Reinsurance Association from the commissioner of management and budget to the commissioner of administration; eliminating and modifying fees for certain filings with the secretary of state; authorizing grants to counties for voting equipment and vote-counting equipment; establishing the Commission on Service Innovation; allowing contiguous counties to establish a home rule charter commission; requiring reports; appropriating money; amending Minnesota Statutes 2008, sections 1.141, by adding subdivisions; 3.9225, subdivision 5; 3.98, subdivision 2; 16A.275; 16B.24, subdivision 3; 16E.04, subdivision 2; 16E.05, by adding a subdivision; 43A.50, subdivision 2; 79.34, subdivision 1; 318.02, subdivision 1; 557.01; proposing coding for new law in Minnesota Statutes, chapters 3; 16C; proposing coding for new law as Minnesota Statutes, chapter 372A; repealing Laws 2005, chapter 162, section 34, subdivision 2, as amended.

 

May 16, 2010

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 3134 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 3134 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

STATE GOVERNMENT

 

Section 1.  Minnesota Statutes 2008, section 3.9225, subdivision 5, is amended to read:

 

Subd. 5.  Powers.  (a) The council may contract in its own name, but no money shall be accepted or received as a loan nor indebtedness incurred except as otherwise provided by law.  Contracts shall be approved by a majority of the members of the council and executed by the chair and the executive director.  The council may apply for, receive, and expend in its own name grants and gifts of money consistent with the power and duties specified in subdivisions 1 to 7.

 

(b) The council may solicit and accept payments for advertising, use of exhibition space, or commemorative videos or other items in connection with publications, events, media productions, and informational programs that are sponsored by the council.  These revenues must be deposited in an account in the special revenue fund and are appropriated to the council to defray costs of publications, events, media productions, or informational programs consistent with the powers and duties specified in subdivisions 1 to 7.  The council may not publish advertising or provide exhibition space for any elected official or candidate for elective office.  The council must report by January 15 each year to the chairs and ranking minority members of the house of representatives and senate funding divisions with jurisdiction over the council on the amount and source of each payment received under this paragraph in the prior fiscal year.


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(c) The council shall appoint an executive director who is experienced in administrative activities and familiar with the problems and needs of Black people.  The council may delegate to the executive director powers and duties under subdivisions 1 to 7 which do not require council approval.  The executive director serves in the unclassified service and may be removed at any time by the council.  The executive director shall recommend to the council, and the council may appoint the appropriate staff necessary to carry out its duties.  Staff members serve in the unclassified service.  The commissioner of administration shall provide the council with necessary administrative services.

 

Sec. 2.  [16A.0561] MAPPED DATA ON EXPENDITURES. 

 

(a) Data on expenditure of money from the funds as specified under sections 3.303, subdivision 10, and 116P.08, may, if practicable, be made available on the Web in a manner that allows the public to obtain information about a project receiving an appropriation by clicking on a map.  To the extent feasible, the map should include or link to information about each project, including, but not limited to, the location, the name of the entity receiving the appropriation, the source of the appropriation, the amount of money received, and a general statement of the purpose of the appropriation.

 

(b) If requested, the Legislative Coordinating Commission may, to the extent practicable, provide relevant executive branch agencies with public geospatial data that it receives for its Web site required under section 3.303, subdivision 10.  The commissioner may make this information available to the public in a similar manner as information provided under paragraph (a).

 

(c) In creating plans for public expenditures from all geographically locatable or project based appropriations, prospective budget and project planning should consider geographic and data reporting that would facilitate the goals of this section.

 

Sec. 3.  Minnesota Statutes 2008, section 16A.275, is amended to read:

 

16A.275 AGENCY RECEIPTS; DEPOSIT, REPORT, CREDIT. 

 

Subdivision 1.  If $250, daily.  Deposit receipts.  Except as otherwise provided by law, an agency shall deposit receipts totaling $250 $1,000 or more in the state treasury daily.  The depositing agency shall send a report to the commissioner on the disposition of receipts since the last report.  The commissioner shall credit the deposits received during a month to the proper funds not later than the first day of the next month.

 

Notwithstanding the general rule stated above, the commissioner of revenue is not required to make daily deposits if (1) the volume of tax receipts cannot be processed daily with available resources, or (2) receipts cannot be immediately identified for posting to accounts.

 

Subd. 2.  Exception.  The commissioner may authorize an agency to deposit receipts totaling $250 $1,000 or more less frequently than daily for those locations where the agency furnishes documentation to the commissioner that the cost of making daily deposits exceeds the lost interest earnings and the risk of loss or theft of the receipts.

 

Sec. 4.  Minnesota Statutes 2008, section 16B.355, subdivision 1, as added by Laws 2010, chapter 189, section 35, is amended to read:

 

Subdivision 1.  Grants authorized.  Within the limits of available appropriations, the commissioner shall make grants to counties, cities, towns, and school districts to acquire, construct, or renovate public land and buildings and other public improvements of a capital nature for cooperative facilities to be owned and operated by the grantees.


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Sec. 5.  Minnesota Statutes 2008, section 16C.055, subdivision 2, is amended to read:

 

Subd. 2.  Restriction.  After July 1, 2002, an agency may not enter into a contract or otherwise agree with a nongovernmental entity to receive total nonmonetary consideration valued at more than $100,000 annually in exchange for the agency providing nonmonetary consideration, unless such an agreement is specifically authorized by law.  This subdivision does not apply to the State Lottery.

 

Sec. 6.  Minnesota Statutes 2009 Supplement, section 16C.16, subdivision 6a, as amended by 2010 S. F. No. 2737, article 2, section 3, if enacted, is amended to read:

 

Subd. 6a.  Veteran-owned small businesses.  (a) The commissioner shall award up to a six percent preference, but no less than the percentage awarded to any other group under this section except when mandated by the federal government as a condition of receiving federal funds, in the amount bid on state procurement to certified small businesses that are majority-owned and operated by:

 

(1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs;

 

(2) veterans with service-connected disabilities, as determined at any time by the United States Department of Veterans Affairs; or

 

(3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d).

 

(b) The purpose of this designation is to facilitate the transition of veterans from military to civilian life, and to help compensate veterans for their sacrifices, including but not limited to their sacrifice of health and time, to the state and nation during their military service, as well as to enhance economic development within Minnesota.

 

Sec. 7.  Minnesota Statutes 2009 Supplement, section 16E.02, subdivision 1, is amended to read:

 

Subdivision 1.  Office management and structure.  (a) The chief information officer is appointed by the governor.  The chief information officer serves in the unclassified service at the pleasure of the governor.  The chief information officer must have experience leading enterprise-level information technology organizations.  The chief information officer is the state's chief information officer and information and telecommunications technology advisor to the governor.

 

(b) The chief information officer may appoint other employees of the office.  The staff of the office must include individuals knowledgeable in information and telecommunications technology systems and services and individuals with specialized training in information security and accessibility.

 

(c) The chief information officer may appoint a Webmaster responsible for the supervision and development of state Web sites under the control of the office.  The Webmaster, if appointed, shall ensure that these Web sites are maintained in an easily accessible format that is consistent throughout state government and are consistent with the accessibility standards developed under section 16E.03, subdivision 9.  The Webmaster, if appointed, shall provide assistance and guidance consistent with the requirements of this paragraph to other state agencies for the maintenance of other Web sites not under the direct control of the office.

 

Sec. 8.  Minnesota Statutes 2008, section 16E.04, subdivision 2, is amended to read:

 

Subd. 2.  Responsibilities.  (a) In addition to other activities prescribed by law, the office shall carry out the duties set out in this subdivision.


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(b) The office shall develop and establish a state information architecture to ensure:

 

(1) that state agency development and purchase of information and communications systems, equipment, and services is designed to ensure that individual agency information systems complement and do not needlessly duplicate or conflict with the systems of other agencies; and

 

(2) enhanced public access to data can be provided consistent with standards developed under section 16E.05, subdivision 4. 

 

When state agencies have need for the same or similar public data, the chief information officer, in coordination with the affected agencies, shall manage the most efficient and cost-effective method of producing and storing data for or sharing data between those agencies.  The development of this information architecture must include the establishment of standards and guidelines to be followed by state agencies.  The office shall ensure compliance with the architecture.

 

(c) The office shall assist state agencies in the planning and management of information systems so that an individual information system reflects and supports the state agency's mission and the state's requirements and functions.  The office shall review and approve agency technology plans to ensure consistency with enterprise information and telecommunications technology strategy.  By January 15 of each year, the chief information officer must report to the chairs and the ranking minority members of the legislative committees and divisions with jurisdiction over the office regarding the assistance provided under this paragraph.  The report must include a listing of agencies that have developed or are developing plans under this paragraph.

 

(d) The office shall review and approve agency requests for funding for the development or purchase of information systems equipment or software before the requests may be included in the governor's budget.

 

(e) The office shall review major purchases of information systems equipment to:

 

(1) ensure that the equipment follows the standards and guidelines of the state information architecture;

 

(2) ensure the agency's proposed purchase reflects a cost-effective policy regarding volume purchasing; and

 

(3) ensure that the equipment is consistent with other systems in other state agencies so that data can be shared among agencies, unless the office determines that the agency purchasing the equipment has special needs justifying the inconsistency.

 

(f) The office shall review the operation of information systems by state agencies and ensure that these systems are operated efficiently and securely and continually meet the standards and guidelines established by the office.  The standards and guidelines must emphasize uniformity that is cost-effective for the enterprise, that encourages information interchange, open systems environments, and portability of information whenever practicable and consistent with an agency's authority and chapter 13.

 

(g) The office shall conduct a comprehensive review at least every three years of the information systems investments that have been made by state agencies and higher education institutions.  The review must include recommendations on any information systems applications that could be provided in a more cost-beneficial manner by an outside source.  The office must report the results of its review to the legislature and the governor.

 

Sec. 9.  Minnesota Statutes 2008, section 16E.05, is amended by adding a subdivision to read:

 

Subd. 4.  Standards for transparency.  The chief information officer, in consultation with the Information Policy Analysis Division of the Department of Administration, shall develop standards to enhance public access to electronic data maintained by state government, consistent with the requirements of chapter 13.  The standards must ensure that:


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(1) the state information architecture facilitates public access to agency data;

 

(2) publicly available data is managed using an approved state metadata model; and

 

(3) all geospatial data conform to an approved state geocode model.

 

Sec. 10.  Minnesota Statutes 2008, section 43A.50, subdivision 2, is amended to read:

 

Subd. 2.  Registration.  (a) A federated funding organization shall apply to the commissioner by March 1 in order to be eligible to participate in the state employee combined charities campaign for that year. 

 

(b) A federated funding organization must apply in the form prescribed by the commissioner and shall provide the following: 

 

(1) assurance of tax exempt status for the federated funding organization and each of the charitable agencies identified by the federated funding organization as an affiliated agency;

 

(2) assurance of proper registration with the attorney general of Minnesota to solicit contributions in the state of Minnesota for the federated funding organization and each of the charitable agencies identified by the federated funding organization as an affiliated agency.  A copy of the registration letter in effect at the time of application for the state employee combined charities campaign must be available upon request;

 

(3) an affidavit signed by a duly constituted officer of the federated funding organization attesting to the fact that the federated funding organization and its affiliated agencies are in compliance with each of the provisions of this section;

 

(4) a list of the board of directors or local advisory board for the federated funding organization which identifies the members who live or work in Minnesota and contiguous counties;

 

(5) a list of the name and business address of each affiliated agency the federated funding organization supports;

 

(6) a list of any related organizations, as defined in section 317A.011, subdivision 18;

 

(7) the total contributions received in the organization's accounting year last reported and, from those contributions, the amounts expended by the federated funding organization for management and general costs and for fund-raising costs and the amount distributed to the affiliated agencies, programs, and designated agencies it supports; and

 

(8) a fee of $100, or ten percent of the funds raised from state employees in the previous campaign, whichever is less.  The fee for an organization which did not participate in the previous year's state employee campaign is $100.  These fees must be credited to an account in the special revenue fund and are appropriated to the commissioner to be expended with the approval of the Combined Charities Board in section 43A.04 for costs associated with administering the annual campaign. 

 

The commissioner may require submission of additional information needed to determine compliance with the provisions of this chapter. 

 

(c) The commissioner shall register or not register the application of an organization and shall notify the organization of the decision by May 1.  An organization whose application is denied has ten calendar days after receiving notice of the denial to appeal the decision or file an amended application correcting the deficiency.  The commissioner shall register or not register the organization within ten calendar days after receiving the appeal or amended application.  If registration is denied a second time, the organization may appeal within five calendar days


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after receiving notice of the denial.  A hearing shall be scheduled by the commissioner and shall be held within 15 calendar days after receiving notice of the appeal.  The parties may mutually agree to a later date.  The provisions of chapter 14 do not apply to the hearing.  The hearing shall be conducted in a manner considered appropriate by the commissioner.  The commissioner shall make a determination within five calendar days after the hearing has been completed. 

 

(d) Only organizations that are approved may participate in the state employee combined charities campaign for the year of approval and only contributions to approved organizations may be deducted from an employee's pay pursuant to section 16A.134. 

 

Sec. 11.  Minnesota Statutes 2008, section 103F.755, is amended to read:

 

103F.755 INTEGRATION OF DATA. 

 

The data collected for the activities of the clean water partnership program that have common value for natural resource planning must be provided and integrated into the Minnesota land management information system's geographic and summary databases according to published data compatibility guidelines made available using standards adopted by the Office of Enterprise Technology and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office.  Costs associated with this data delivery must be borne by this activity.

 

Sec. 12.  Minnesota Statutes 2009 Supplement, section 103H.175, subdivision 2, is amended to read:

 

Subd. 2.  Computerized database.  The Minnesota Geospatial Information Office Agencies monitoring groundwater shall maintain a computerized database databases of the results of groundwater quality monitoring in a manner that is using standards adopted by the Office of Enterprise Technology and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office.  The data base must be accessible to the Pollution Control Agency, Department of Agriculture, Department of Health, and Department of Natural Resources.  The center shall assess the quality and reliability of the data and organize the data in a usable format.

 

Sec. 13.  [116W.035] INFORMATION TECHNOLOGY. 

 

To the extent the projects or grants approved by the authority or other work of the authority impact state information systems, these information systems are subject to the jurisdiction of the Office of Enterprise Technology in chapter 16E, including, but not limited to:

 

(1) evaluation and approval as specified in section 16E.03, subdivisions 3 and 4;

 

(2) review to ensure compliance with security policies, guidelines, and standards as specified in section 16E.03, subdivision 7; and

 

(3) assurance of compliance with accessibility standards developed under section 16E.03, subdivision 9.

 

Sec. 14.  Minnesota Statutes 2008, section 307.08, subdivision 5, is amended to read:

 

Subd. 5.  Cost; use of data.  The cost of authentication, recording, surveying, and marking burial grounds and the cost of identification, analysis, rescue, and reburial of human remains on public lands or waters shall be the responsibility of the state or political subdivision controlling the lands or waters.  On private lands or waters these costs shall be borne by the state, but may be borne by the landowner upon mutual agreement with the state.  The data collected by this activity that has common value for resource planning must be provided and integrated into the Minnesota land management information system's geographic and summary databases according to published data compatibility guidelines.  The State Archaeologist must make the data collected for this activity available using


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standards adopted by the Office of Enterprise Technology and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office.  Costs associated with this data delivery must be borne by the state.

 

Sec. 15.  Minnesota Statutes 2009 Supplement, section 379.05, is amended to read:

 

379.05 AUDITOR TO SUM UP REPORT FOR STATE, MAKE TOWN RECORD. 

 

Each county auditor shall within 30 days after any such town is organized transmit by mail or appropriate digital technology to the commissioner of revenue, the secretary of state, the state demographer, the Minnesota Geospatial Information Office, the chief administrative law judge of the state Office of Administrative Hearings, and the commissioner of transportation an abstract of such report, giving the name and boundaries of such town and record in a book kept for that purpose a full description of each such town.  The secretary of state shall distribute copies of the abstract to the commissioner of revenue, state demographer, the Minnesota Geospatial Information Office, the chief administrative law judge of the state Office of Administrative Hearings, and the commissioner of transportation.

 

Sec. 16.  GOVERNMENT EFFICIENCY AND TRANSPARENCY STUDIES. 

 

Subdivision 1.  Data center study.  (a) The state chief information officer, in consultation with the commissioner of management and budget, 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, using state employees, or to upgrade current facilities for purposes of data center consolidation, using state employees.  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 state chief information officer 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.

 

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.

 

Sec. 17.  BUSINESS INTELLIGENCE AND INFORMATION ANALYTICS. 

 

The Legislative Coordinating Commission must ensure that the house of representatives and the senate have improved ability to access and analyze public data contained in executive branch accounting, procurement, and budget systems.  The commission must issue a request for information for the legislature to obtain business intelligence and information analytics software or software services.

 

Sec. 18.  EFFECTIVE DATE. 

 

Except as otherwise provided, the sections in article 1 are effective July 1, 2010.


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ARTICLE 2

 

GOVERNMENT REFORM

 

Section 1.  [3.9280] COMMISSION ON SERVICE INNOVATION. 

 

Subdivision 1.  Establishment.  The Commission on Service Innovation is established to provide the legislature with a strategic plan to reengineer the delivery of state and local government services, including the realignment of service delivery by region and proximity, the use of new technologies, shared facilities, centralized information technologies, and other means of improving efficiency.

 

Subd. 2.  Membership.  (a) The commission consists of 19 members, appointed as follows:

 

(1) one representative of the Minnesota Chamber of Commerce;

 

(2) one representative of the Minnesota Business Partnership;

 

(3) one representative of the McKnight Foundation;

 

(4) one representative of the Wilder Foundation;

 

(5) one representative of the Bush Foundation;

 

(6) one representative of the Minnesota Council of Nonprofits;

 

(7) one representative of the Citizens League;

 

(8) one representative of the Minnesota Association of Townships;

 

(9) one representative of the Association of Minnesota Counties;

 

(10) one representative of the League of Minnesota Cities;

 

(11) one representative of the University of Minnesota;

 

(12) one representative of the Minnesota State Colleges and Universities;

 

(13) one representative of the Minnesota Association of School Administrators;

 

(14) two representatives of the American Federation of State, County, and Municipal Employees, including one from council 5 and one from council 65;

 

(15) one representative of the Minnesota Association of Professional Employees;

 

(16) one representative of the Service Employees International Union;

 

(17) one representative of the Minnesota High Tech Association; and

 

(18) the state chief information officer.


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(b) The appointments required by this section must be completed by June 30, 2010.  Appointing authorities shall notify the state chief information officer when making their appointments.  The members of the commission shall serve at the pleasure of the appointing authorities.

 

Subd. 3.  Organization.  (a) Within two weeks after completion of the appointments under subdivision 2, the state chief information officer shall convene the first meeting of the commission.  The state chief information officer shall provide meeting space for the commission.  The commission shall select co-chairpersons from its appointed membership at the first meeting.  Members of the legislature may attend the meetings of the commission and participate as nonvoting members of the commission.

 

(b) The commission shall provide notice of its meetings to the public and to interested members of the legislature.  Meetings of the commission shall be open to the public.  The commission shall post all reports required under this section on the Legislative Coordinating Commission Web site.

 

(c) The commission may solicit and receive private contributions.  The commission must designate one of its members to serve as a fiscal agent for the commission.  No public money may be used to provide payment of per diems or expenses for members of the commission.  The commission may hire staff to assist the commission in its work.  Staff hired by the commission are not state employees.

 

(d) The commission shall solicit and coordinate public input.  The commission must use its best efforts to maximize public involvement in the work of the commission, including the use of best practices in social media.  The commission may retain an expert in the use of social media to assist in public outreach and involvement.

 

Subd. 4.  Reporting.  (a) Beginning August 1, 2010, the commission shall publish electronic monthly reports on its progress, including a description of upcoming agenda items.

 

(b) By January 15 of each year, beginning in 2011, the commission shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over state government policy and finance regarding its work under this section, with a strategic plan containing findings and recommendations to improve state and local government delivery of public services.  The strategic plan must address:

 

(1) how to enhance the public involvement and input as the public uses state and local government services and public schools;

 

(2) how technology can be leveraged to reduce costs and enhance quality;

 

(3) how service innovation will conserve substantial financial resources;

 

(4) a transition plan and governance structure that will facilitate high-quality innovation and change in the future;

 

(5) how to improve public sector employee productivity;

 

(6) the security of individual data and government programs;

 

(7) data transparency and accountability;

 

(8) centralized and shared services; and

 

(9) data interoperability across jurisdictions.

 

The strategic plan shall also provide a process to review and modify recommendations at regular intervals in the future based on specific results measured at regular intervals.


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The strategic plan shall also include any proposed legislation necessary to implement the commission's recommendations.

 

Subd. 5.  Expiration.  This section expires June 30, 2012.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to government operations; defining certain powers of the Council on Black Minnesotans; providing for mapped data on expenditures; increasing threshold requirements for deposit of agency receipts; clarifying agency requirements for contracts over a certain amount; permitting state chief information officer to appoint a state Webmaster and develop standards for public access to electronic data; clarifying use of fees in the combined charities campaign; requiring standards for data collected under the clean water partnership program; defining jurisdiction of the Office of Enterprise Technology that impact state information systems; requiring the secretary of state to distribute copies of abstracts when town is organized; requiring a report on government efficiency and transparency; providing legislature improved access to executive branch accounting, procurement, and budget systems; establishing the commission on service innovation; appropriating money; amending Minnesota Statutes 2008, sections 3.9225, subdivision 5; 16A.275; 16B.355, subdivision 1, as added; 16C.055, subdivision 2; 16E.04, subdivision 2; 16E.05, by adding a subdivision; 43A.50, subdivision 2; 103F.755; 307.08, subdivision 5; Minnesota Statutes 2009 Supplement, sections 16C.16, subdivision 6a, as amended if enacted; 16E.02, subdivision 1; 103H.175, subdivision 2; 379.05; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; proposing coding for new law as Minnesota Statutes, chapter 116W."

 

 

We request the adoption of this report and repassage of the bill.

 

Senate Conferees:  Don Betzold, Claire Robling, Ann H. Rest, Rick Olseen and Gary Kubly.

 

House Conferees:  Phyllis Kahn, Ryan Winkler, Steve Simon, Jeremy Kalin and Steve Smith.

 

 

      Kahn moved that the report of the Conference Committee on S. F. No. 3134 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

S. F. No. 3134, A bill for an act relating to government operations; describing how to fold the state flag; defining certain powers of the Council on Black Minnesotans; requiring fiscal notes to include information about job creation; limiting requirements for approval by individual legislators in the disposal process for certain state-owned buildings; increasing threshold requirements for deposit of agency receipts; imposing requirements on agencies for contracts over a certain amount; requiring state chief information officer to develop standards for enhanced public access to state electronic records; clarifying use of fees in the combined charities campaign; transferring membership in the Workers' Compensation Reinsurance Association from the commissioner of management and budget to the commissioner of administration; eliminating and modifying fees for certain filings with the secretary of state; authorizing grants to counties for voting equipment and vote-counting equipment; establishing the Commission on Service Innovation; allowing contiguous counties to establish a home rule charter commission; requiring reports; appropriating money; amending Minnesota Statutes 2008, sections 1.141, by adding subdivisions; 3.9225, subdivision 5; 3.98, subdivision 2; 16A.275; 16B.24, subdivision 3; 16E.04, subdivision 2; 16E.05, by adding a subdivision; 43A.50, subdivision 2; 79.34, subdivision 1; 318.02, subdivision 1; 557.01; proposing coding for new law in Minnesota Statutes, chapters 3; 16C; proposing coding for new law as Minnesota Statutes, chapter 372A; repealing Laws 2005, chapter 162, section 34, subdivision 2, as amended.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.


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      The question was taken on the repassage of the bill and the roll was called.  There were 121 yeas and 10 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dill

Doepke

Doty

Downey

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kiffmeyer

Knuth

Koenen

Kohls

Laine

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

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Brod

Buesgens

Dettmer

Dittrich

Drazkowski

Emmer

Lanning

Shimanski

Sterner


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

Madam Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

H. F. No. 3729, A bill for an act relating to the financing and operation of state and local government; making policy, technical, administrative, payment, enforcement, collection, refund, and other changes to individual income; corporate franchise, estate, sales and use, local taxes, gross receipts, gross revenues, cigarette, tobacco, insurance, property, minerals, petroleum, and other taxes and tax-related provisions; requiring sunset of new tax expenditures; property tax reform, accountability, value, and efficiency provisions; modifying certain payment schedules; making changes to tax-forfeited land, emergency debt certificate, local government aid, job opportunity building zone, special service district, agricultural preserve, tax increment financing, economic development authority, and special taxing district provisions; increasing and modifying certain borrowing authorities; modifying bond allocation provisions; specifying duties of assessors; requiring studies; providing appointments; repealing political contribution refund; appropriating money; amending Minnesota Statutes 2008, sections 60A.209, subdivision 1; 82B.035, subdivision 2; 103D.335, subdivision 17; 270.075, subdivisions 1, 2; 270.41, subdivision 5; 270A.03, subdivision 7; 270C.11, subdivision 4; 270C.34, subdivision 1; 270C.52, subdivision 2; 270C.87; 270C.94, subdivision 3; 272.0213; 272.025, subdivisions 1, 3; 272.029, subdivisions 4, 7; 273.061, subdivisions 7, 8; 273.113, subdivision 3; 273.1231, subdivision 1; 273.1232, subdivision 1; 273.124, subdivisions 1, 8, 14; 273.13, subdivision 34; 273.1392; 275.71, subdivisions 4, 5; 275.75; 276.02; 276.112; 279.01, subdivision 3; 279.025; 279.37, subdivision 1; 282.01,


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subdivisions 1, 1a, 1b, 1c, 1d, 2, 3, 4, 7, 7a, by adding subdivisions; 289A.08, subdivision 7; 289A.09, subdivision 2; 289A.10, subdivision 1; 289A.12, subdivision 14; 289A.30, subdivision 2; 289A.50, subdivisions 1, 2, 4; 289A.60, subdivision 7, by adding a subdivision; 290.014, subdivision 2; 290.067, subdivision 1; 290.081; 290.0921, subdivision 3; 290.17, subdivision 2; 290.21, subdivision 4; 290A.04, subdivision 2; 290B.03, by adding a subdivision; 290B.04, subdivisions 3, 4; 290B.05, subdivision 1; 291.03, by adding a subdivision; 295.55, subdivisions 2, 3; 297A.62, as amended; 297A.665; 297A.68, subdivision 39; 297A.70, subdivision 13; 297A.71, subdivisions 23, 39; 297A.995, subdivisions 10, 11; 297F.01, subdivision 22a; 297F.04, by adding a subdivision; 297F.07, subdivision 4; 297F.25, subdivision 1; 297I.01, subdivision 9; 297I.05, subdivision 7; 297I.30, subdivisions 1, 2, 7, 8; 297I.40, subdivisions 1, 5; 297I.65, by adding a subdivision; 298.282, subdivision 1; 428A.12; 428A.18, subdivision 2; 469.101, subdivision 1; 469.319, subdivision 5; 469.3193; 473.39, by adding a subdivision; 473H.05, subdivision 1; 474A.04, subdivision 6; 474A.091, subdivision 3; Minnesota Statutes 2009 Supplement, sections 134.34, subdivision 4; 137.025, subdivision 1; 273.114, subdivision 2; 273.124, subdivision 3a; 273.13, subdivisions 23, 25; 275.065, subdivision 3; 275.70, subdivision 5, as amended; 276.04, subdivision 2; 279.01, subdivision 1; 289A.18, subdivision 1; 289A.20, subdivision 4; 290.01, subdivisions 19a, 19b, as amended, 19d; 290.06, subdivision 2c; 290.0671, subdivision 1; 290.091, subdivision 2; 290B.03, subdivision 1; 291.005, subdivision 1, as amended; 297I.35, subdivision 2; 475.755; 477A.011, subdivision 36, as amended; 477A.013, subdivision 8; Laws 2001, First Special Session chapter 5, article 3, section 50, as amended; Laws 2002, chapter 377, article 3, section 25, as amended; Laws 2009, chapter 88, article 2, section 49; article 4, sections 5; 23, subdivision 4; Laws 2010, chapter 216, sections 2, subdivision 3; 3, subdivision 6; by adding subdivisions; 4, subdivisions 1, 2, 4, 6, 7, 8; proposing coding for new law in Minnesota Statutes, chapters 3; 6; 270C; 273; 296A; 524; 645; repealing Minnesota Statutes 2008, sections 10A.322, subdivision 4; 13.4967, subdivision 2; 282.01, subdivisions 9, 10, 11; 290.06, subdivision 23; 297I.30, subdivisions 4, 5, 6; 383A.76.

 

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said House File is herewith returned to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 1680, A resolution apologizing on behalf of citizens of the state to all persons with mental illness and developmental and other disabilities who have been wrongfully committed to state institutions.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

 

H. F. No. 2072, A bill for an act relating to education finance; updating a reference; amending Minnesota Statutes 2008, section 126C.05, subdivision 2.

 

The Senate has appointed as such committee:

 

Senators Stumpf; Wiger; Olson, G.; Saltzman and Bonoff.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate


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Madam Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

 

H. F. No. 2859, A bill for an act relating to human services; modifying a nursing facility rate provision; amending Minnesota Statutes 2008, section 256B.431, subdivision 35.

 

The Senate has appointed as such committee:

 

Senators Cohen, Pappas and Latz.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 3834

 

A bill for an act relating to state government; requiring the commissioner of Minnesota Management and Budget to provide a cash flow forecast to the governor and legislature; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

May 15, 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. 3834 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendment and that H. F. No. 3834 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

SUMMARY

 

      Section 1.  GENERAL FUND SUMMARY. 

 

The amounts shown in this section summarize general fund direct and open appropriations, and transfers into the general fund from other funds, made in articles 2 to 14, after forecast adjustments and after voiding certain allotment reductions.

 

                                                                                                                       2010                               2011                              Total

 

E-12 Education                                                                    $(1,069,361,000)            $(893,834,000)         $(1,963,195,000)

 

Higher Education                                                                                 (77,000)              (100,077,000)              (100,154,000)


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Environment and Natural Resources                                         (1,571,000)                   (1,564,000)                   (3,135,000)

 

Energy                                                                                                  (247,000)                      (247,000)                      (494,000)

 

Agriculture                                                                                           (493,000)                      (492,000)                      (985,000)

 

Economic Development                                                                   (489,000)                      (745,000)                   (1,234,000)

 

Transportation                                                                                (1,649,000)                 (11,649,000)                 (13,298,000)

 

Public Safety                                                                                         (79,000)                         (79,000)                      (158,000)

 

State Government                                                                          (1,694,000)                 (15,820,000)                 (17,514,000)

 

Health and Human Services                                                      (74,704,000)                 (83,052,000)              (157,756,000)

 

Tax Aids and Credits                                                                (103,986,000)              (385,495,000)              (489,481,000)

 

Subtotal of Appropriations                                                (1,254,530,000)           (1,493,054,000)           (2,747,584,000)

 

Transfers In                                                                                     40,418,000                   40,000,000                   80,418,000

 

Total                                                                                      $(1,294,948,000)         $(1,533,054,000)         $(2,828,002,000)

 

Sec. 2.  ALLOTMENT REDUCTIONS VOID. 

 

The allotment reductions made by the commissioner of management and budget from July 1, 2009, to the effective date of this section are void.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 2

 

CASH FLOW

 

Section 1.  Minnesota Statutes 2008, section 127A.46, is amended to read:

 

127A.46 CHANGE IN PAYMENT OF AIDS AND CREDITS. 

 

If the commissioner of management and budget determines that modifications in the payment schedule would reduce the need for state short-term borrowing, the commissioner shall may modify payments to districts according to this section.  The modifications must begin no sooner than September 1 of each fiscal year, and must remain in effect until no later than May 30 of that same fiscal year.  In calculating the payment to a district pursuant to section 127A.45, subdivision 3, the commissioner may subtract the sum specified in that subdivision, plus an additional amount no greater than the following: 

 

(1) the net cash balance in each of the district's operating funds on June 30 of the preceding fiscal year; minus

 

(2) the product of $150 $700 times the number of resident pupil units in the preceding fiscal year; minus

 

(3) the amount of payments made by the county treasurer during the preceding fiscal year, pursuant to section 276.11, which is considered revenue for the current school year.  However, no additional amount shall be subtracted if the total of the net unappropriated fund balances in the district's four operating funds on June 30 of the preceding


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fiscal year, is less than the product of $350 $700 times the number of resident pupil units in the preceding fiscal year.  The net cash balance must include all cash and investments, less certificates of indebtedness outstanding, and orders not paid for want of funds. 

 

A district may appeal the payment schedule established by this section according to the procedures established in section 127A.45, subdivision 4. 

 

Sec. 2.  Minnesota Statutes 2009 Supplement, section 137.025, subdivision 1, is amended to read:

 

Subdivision 1.  Monthly payments.  The commissioner of management and budget shall pay 1/12 of the annual appropriation to the University of Minnesota on by the 21st 25th day of each month.  If the 21st 25th day of the month falls on a Saturday or Sunday, the monthly payment must be made on by the first business day immediately following the 21st 25th day of the month.

 

Sec. 3.  Minnesota Statutes 2008, section 276.112, is amended to read:

 

276.112 STATE PROPERTY TAXES; COUNTY TREASURER. 

 

On or before January 25 each year, for the period ending December 31 of the prior year, and on or before June 28 each year, for the period ending on the most recent settlement day determined in section 276.09, and on or before December 2 each year, for the period ending November 20 the estimated payment and settlement dates provided in this chapter for the settlement of taxes levied by school districts, the county treasurer must make full settlement with the county auditor according to sections 276.09, 276.10, and 276.111 for all receipts of state property taxes levied under section 275.025, and must transmit those receipts to the commissioner of revenue by electronic means on the dates and according to the provisions applicable to distributions to school districts.

 

EFFECTIVE DATE.  This section is effective for distributions beginning October 1, 2010, and thereafter.

 

Sec. 4.  Minnesota Statutes 2009 Supplement, section 289A.20, subdivision 4, is amended to read:

 

Subd. 4.  Sales and use tax.  (a) The taxes imposed by chapter 297A are due and payable to the commissioner monthly on or before the 20th day of the month following the month in which the taxable event occurred, or following another reporting period as the commissioner prescribes or as allowed under section 289A.18, subdivision 4, paragraph (f) or (g), except that:

 

(1) use taxes due on an annual use tax return as provided under section 289A.11, subdivision 1, are payable by April 15 following the close of the calendar year.; and

 

(2) except as provided in paragraph (f), for a vendor having a liability of $120,000 or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the commissioner monthly in the following manner:

 

(i) On or before the 14th day of the month following the month in which the taxable event occurred, the vendor must remit to the commissioner 90 percent of the estimated liability for the month in which the taxable event occurred.

 

(ii) On or before the 20th day of the month in which the taxable event occurs, the vendor must remit to the commissioner a prepayment for the month in which the taxable event occurs equal to 67 percent of the liability for the previous month.

 

(iii) On or before the 20th day of the month following the month in which the taxable event occurred, the vendor must pay any additional amount of tax not previously remitted under either item (i) or (ii) or, if the payment made under item (i) or (ii) was greater than the vendor's liability for the month in which the taxable event occurred, the vendor may take a credit against the next month's liability in a manner prescribed by the commissioner.


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(iv) Once the vendor first pays under either item (i) or (ii), the vendor is required to continue to make payments in the same manner, as long as the vendor continues having a liability of $120,000 or more during the most recent fiscal year ending June 30.

 

(v) Notwithstanding items (i), (ii), and (iv), if a vendor fails to make the required payment in the first month that the vendor is required to make a payment under either item (i) or (ii), then the vendor is deemed to have elected to pay under item (ii) and must make subsequent monthly payments in the manner provided in item (ii).

 

(vi) For vendors making an accelerated payment under item (ii), for the first month that the vendor is required to make the accelerated payment, on the 20th of that month, the vendor will pay 100 percent of the liability for the previous month and a prepayment for the first month equal to 67 percent of the liability for the previous month.

 

(b) Notwithstanding paragraph (a), a vendor having a liability of $120,000 or more during a fiscal year ending June 30 must remit the June liability for the next year in the following manner:

 

(1) Two business days before June 30 of the year, the vendor must remit 90 percent of the estimated June liability to the commissioner.

 

(2) On or before August 20 of the year, the vendor must pay any additional amount of tax not remitted in June.

 

(c) A vendor having a liability of:

 

(1) $20,000 or more in the fiscal year ending June 30, 2005; or

 

(2) (1) $10,000 or more in the, but less than $120,000 during a fiscal year ending June 30, 2006 2009, and fiscal years thereafter, must remit by electronic means all liabilities on returns due for periods beginning in the subsequent calendar year by electronic means on or before the 20th day of the month following the month in which the taxable event occurred, or on or before the 20th day of the month following the month in which the sale is reported under section 289A.18, subdivision 4, except for 90 percent of the estimated June liability, which is due two business days before June 30.  The remaining amount of the June liability is due on August 20.; or

 

(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years thereafter, must remit by electronic means all liabilities in the manner provided in paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar year, except for 90 percent of the estimated June liability, which is due two business days before June 30.  The remaining amount of the June liability is due on August 20.

 

(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's religious beliefs from paying electronically shall be allowed to remit the payment by mail.  The filer must notify the commissioner of revenue of the intent to pay by mail before doing so on a form prescribed by the commissioner.  No extra fee may be charged to a person making payment by mail under this paragraph.  The payment must be postmarked at least two business days before the due date for making the payment in order to be considered paid on a timely basis.

 

(e) Whenever the liability is $120,000 or more separately for:  (1) the tax imposed under chapter 297A; (2) a fee that is to be reported on the same return as and paid with the chapter 297A taxes; or (3) any other tax that is to be reported on the same return as and paid with the chapter 297A taxes, then the payment of all the liabilities on the return must be accelerated as provided in this subdivision.

 

(f) At the start of the first calendar quarter at least 90 days after the cash flow account established in section 16A.152, subdivision 1, and the budget reserve account established in section 16A.152, subdivision 1a, reach the amounts listed in section 16A.152, subdivision 2, paragraph (a), the remittance of the accelerated payments required under paragraph (a), clause (2), must be suspended.  The commissioner of management and budget shall notify the commissioner of revenue when the accounts have reached the required amounts.  Beginning with the suspension of paragraph (a), clause (2), for a vendor with a liability of $120,000 or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes imposed by chapter 297A are due and payable to the commissioner on the 20th day of the month following the month in which the taxable event occurred.  Payments of tax liabilities for taxable events occurring in June under paragraph (b) are not changed.

 

EFFECTIVE DATE.  This section is effective for taxes due and payable after September 1, 2010.


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Sec. 5.  Minnesota Statutes 2008, section 289A.60, is amended by adding a subdivision to read:

 

Subd. 31.  Accelerated payment of monthly sales tax liability; penalty for underpayment.  For payments made after September 1, 2010, if a vendor is required by section 289A.20, subdivision 4, paragraph (a), clause (2), item (i) or (ii), to make accelerated payments, then the penalty for underpayment is as follows:

 

(a) For those vendors that must remit a 90 percent payment by the 14th day of the month following the month in which the taxable event occurred, as an estimation of monthly sales tax liabilities, including the liability of any fee or other tax that is to be reported on the same return as and paid with the chapter 297A taxes, for the month in which the taxable event occurred, the vendor shall pay a penalty equal to ten percent of the amount of liability that was required to be paid by the 14th day of the month, less the amount remitted by the 14th day of the month.  The penalty must not be imposed, however, if the amount remitted by the 14th day of the month equals the least of:  (1) 90 percent of the liability for the month preceding the month in which the taxable event occurred; (2) 90 percent of the liability for the same month in the previous calendar year as the month in which the taxable event occurred; or (3) 90 percent of the average monthly liability for the previous calendar year.

 

(b) For those vendors that, on or before the 20th day of the month in which the taxable event occurs, must remit to the commissioner a prepayment of sales tax liabilities for the month in which the taxable event occurs equal to 67 percent of the liabilities for the previous month, including the liability of any fee or other tax that is to be reported on the same return as and paid with the chapter 297A taxes, for the month in which the taxable event occurred, the vendor shall pay a penalty equal to ten percent of the amount of liability that was required to be paid by the 20th of the month, less the amount remitted by the 20th of the month.  The penalty must not be imposed, however, if the amount remitted by the 20th of the month equals the lesser of 67 percent of the liability for the month preceding the month in which the taxable event occurred or 67 percent of the liability of the same month in the previous calendar year as the month in which the taxable event occurred.

 

EFFECTIVE DATE.  This section is effective for taxes due and payable after September 1, 2010.

 

Sec. 6.  PAYMENT OF REFUNDS. 

 

(a) In paying refunds during fiscal year 2011 of overpayments of corporate franchise tax and of sales tax, including but not limited to capital equipment refunds, the commissioner of revenue shall delay paying a sufficient number of these refunds until fiscal year 2012 so that $152,000,000 less in refunds is paid in fiscal year 2011 than otherwise would have been paid.  This amount is in addition to any amount that the commissioner delays pursuant to administrative actions undertaken in connection with the unallotment announced in June 2009.  Refunds delayed by the commissioner under this section are deemed to be due on July 1, 2011, for budget purposes, if the law otherwise would provide an earlier date.  Any refunds paid after June 30, 2011, and before the close of fiscal year 2011 are deemed to be paid in fiscal year 2012 for budget purposes.

 

(b) In carrying out the requirement of paragraph (a), the commissioner shall, to the extent possible, minimize delaying the payment of refunds that would result in payment of additional interest by the state.  The commissioner may select refunds for delayed payment under this section or exempt refunds from this section in the manner that the commissioner determines, in the commissioner's sole discretion, has the least adverse effect on tax administration and taxpayer compliance.

 

ARTICLE 3

 

E-12 EDUCATION

 

Section 1.  Minnesota Statutes 2008, section 123B.75, is amended by adding a subdivision to read:

 

Subd. 1a.  Definition.  For the purposes of this section, "school district tax settlement revenue" means the current, delinquent, and manufactured home property tax receipts collected by the county and distributed to the school district.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2009.


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Sec. 2.  Minnesota Statutes 2008, section 123B.75, subdivision 5, is amended to read:

 

Subd. 5.  Levy recognition.  (a) "School district tax settlement revenue" means the current, delinquent, and manufactured home property tax receipts collected by the county and distributed to the school district.

 

(b) For fiscal year 2004 and later years 2009 and 2010, in June of each year, the school district must recognize as revenue, in the fund for which the levy was made, the lesser of:

 

(1) the sum of May, June, and July school district tax settlement revenue received in that calendar year, plus general education aid according to section 126C.13, subdivision 4, received in July and August of that calendar year; or

 

(2) the sum of:

 

(i) 31 percent of the referendum levy certified according to section 126C.17, in calendar year 2000; and

 

(ii) the entire amount of the levy certified in the prior calendar year according to section 124D.86, subdivision 4, for school districts receiving revenue under sections 124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph (a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision 6; plus

 

(iii) zero percent of the amount of the levy certified in the prior calendar year for the school district's general and community service funds, plus or minus auditor's adjustments, not including the levy portions that are assumed by the state, that remains after subtracting the referendum levy certified according to section 126C.17 and the amount recognized according to item (ii).

 

(b) For fiscal year 2011 and later years, in June of each year, the school district must recognize as revenue, in the fund for which the levy was made, the lesser of:

 

(1) the sum of May, June, and July school district tax settlement revenue received in that calendar year, plus general education aid according to section 126C.13, subdivision 4, received in July and August of that calendar year; or

 

(2) the sum of:

 

(i) the greater of 48.6 percent of the referendum levy certified according to section 126C.17 in the prior calendar year, or 31 percent of the referendum levy certified according to section 126C.17 in calendar year 2000; plus

 

(ii) the entire amount of the levy certified in the prior calendar year according to section 124D.86, subdivision 4, for school districts receiving revenue under sections 124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph (a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision 6; plus

 

(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the school district's general and community service funds, plus or minus auditor's adjustments, not including the levy portions that are assumed by the state, that remains after subtracting the referendum levy certified according to section 126C.17 and the amount recognized according to item (ii).

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2009.

 

Sec. 3.  Minnesota Statutes 2008, section 123B.75, subdivision 9, is amended to read:

 

Subd. 9.  Commissioner shall specify fiscal year.  The commissioner shall specify the fiscal year or years to which the revenue from any aid or tax levy is applicable if Minnesota Statutes do not so specify.  The commissioner must report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over education finance by January 15 of each year any adjustments under this subdivision in the previous year.


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Sec. 4.  Minnesota Statutes 2008, section 126C.48, subdivision 7, is amended to read:

 

Subd. 7.  Reporting.  For each tax settlement, the county auditor shall report to each school district by fund, the district tax settlement revenue defined in section 123B.75, subdivision 5, paragraph (a) 1a, on the form specified in section 276.10.  The county auditor shall send to the district a copy of the spread levy report specified in section 275.124. 

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2009.

 

Sec. 5.  Minnesota Statutes 2008, section 127A.441, is amended to read:

 

127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE. 

 

Each year, the state aids payable to any school district for that fiscal year that are recognized as revenue in the school district's general and community service funds shall be adjusted by an amount equal to (1) the amount the district recognized as revenue for the prior fiscal year pursuant to section 123B.75, subdivision 5, paragraph (a) or (b), minus (2) the amount the district recognized as revenue for the current fiscal year pursuant to section 123B.75, subdivision 5, paragraph (a) or (b).  For purposes of making the aid adjustments under this section, the amount the district recognizes as revenue for either the prior fiscal year or the current fiscal year pursuant to section 123B.75, subdivision 5, paragraph (b), shall not include any amount levied pursuant to section 124D.86, subdivision 4, for school districts receiving revenue under sections 124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision 6.  Payment from the permanent school fund shall not be adjusted pursuant to this section.  The school district shall be notified of the amount of the adjustment made to each payment pursuant to this section. 

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2009.

 

Sec. 6.  Minnesota Statutes 2008, section 127A.45, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  (a) The term "Other district receipts" means payments by county treasurers pursuant to section 276.10, apportionments from the school endowment fund pursuant to section 127A.33, apportionments by the county auditor pursuant to section 127A.34, subdivision 2, and payments to school districts by the commissioner of revenue pursuant to chapter 298.

 

(b) The term "Cumulative amount guaranteed" means the product of

 

(1) the cumulative disbursement percentage shown in subdivision 3; times

 

(2) the sum of

 

(i) the current year aid payment percentage of the estimated aid and credit entitlements paid according to subdivision 13; plus

 

(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus

 

(iii) the other district receipts.

 

(c) The term "Payment date" means the date on which state payments to districts are made by the electronic funds transfer method.  If a payment date falls on a Saturday, a Sunday, or a weekday which is a legal holiday, the payment shall be made on the immediately preceding business day.  The commissioner may make payments on dates other than those listed in subdivision 3, but only for portions of payments from any preceding payment dates which could not be processed by the electronic funds transfer method due to documented extenuating circumstances.


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(d) The current year aid payment percentage equals 90 73 in fiscal year 2010, 70 in fiscal year 2011, and 90 in fiscal years 2012 and later.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2009.

 

Sec. 7.  Minnesota Statutes 2008, section 127A.45, subdivision 3, is amended to read:

 

Subd. 3.  Payment dates and percentages.  (a) For fiscal year 2004 and later, The commissioner shall pay to a district on the dates indicated an amount computed as follows:  the cumulative amount guaranteed minus the sum of (a) (1) the district's other district receipts through the current payment, and (b) (2) the aid and credit payments through the immediately preceding payment.  For purposes of this computation, the payment dates and the cumulative disbursement percentages are as follows:

 

                                                                                  Payment date                           Percentage

 

Payment 1                                                              July 15:                                                    5.5

Payment 2                                                              July 30:                                                    8.0

Payment 3                                                              August 15:                                            17.5

Payment 4                                                              August 30:                                            20.0

Payment 5                                                              September 15:                                      22.5

Payment 6                                                              September 30:                                      25.0

Payment 7                                                              October 15:                                           27.0

Payment 8                                                              October 30:                                           30.0

Payment 9                                                              November 15:                                      32.5

Payment 10                                                            November 30:                                      36.5

Payment 11                                                            December 15:                                       42.0

Payment 12                                                            December 30:                                       45.0

Payment 13                                                            January 15:                                          50.0

Payment 14                                                            January 30:                                          54.0

Payment 15                                                            February 15:                                         58.0

Payment 16                                                            February 28:                                         63.0

Payment 17                                                            March 15:                                             68.0

Payment 18                                                            March 30:                                             74.0

Payment 19                                                            April 15:                                                78.0

Payment 20                                                            April 30:                                                85.0

Payment 21                                                            May 15:                                                90.0

Payment 22                                                            May 30:                                                95.0

Payment 23                                                            June 20:                                              100.0

 

(b) In addition to the amounts paid under paragraph (a), for fiscal year 2004, the commissioner shall pay to a district on the dates indicated an amount computed as follows:

 

Payment 3                      August 15:  the final adjustment for the prior fiscal year for the state paid property tax     credits established in section 273.1392

 

Payment 4                      August 30:  one-third of the final adjustment for the prior fiscal year for all aid   entitlements except state paid property tax credits

 

Payment 6                      September 30:  one-third of the final adjustment for the prior fiscal year for all aid            entitlements except state paid property tax credits


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Payment 8                      October 30:  one-third of the final adjustment for the prior fiscal year for all aid                 entitlements except state paid property tax credits

 

(c) (b) In addition to the amounts paid under paragraph (a), for fiscal year 2005 and later, the commissioner shall pay to a district on the dates indicated an amount computed as follows:

 

Payment 3                      August 15:  the final adjustment for the prior fiscal year for the state paid property tax     credits established in section 273.1392

 

Payment 4                      August 30:  30 percent of the final adjustment for the prior fiscal year for all aid                entitlements except state paid property tax credits

 

Payment 6                      September 30:  40 percent of the final adjustment for the prior fiscal year for all aid          entitlements except state paid property tax credits

 

Payment 8                      October 30:  30 percent of the final adjustment for the prior fiscal year for all aid               entitlements except state paid property tax credits

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to fiscal years 2010 and later.

 

Sec. 8.  Minnesota Statutes 2008, section 127A.45, is amended by adding a subdivision to read:

 

Subd. 7b.  Advance final payment.  (a) Notwithstanding subdivisions 3 and 7, if the current year aid payment percentage, under subdivision 2, is less than 90, then a school district or charter school exceeding its expenditure limitations under section 123B.83 as of June 30 of the prior fiscal year may receive a portion of its final payment for the current fiscal year on June 20, if requested by the district or charter school.  The amount paid under this subdivision must not exceed the lesser of:

 

(1) the difference between 90 percent and the current year payment percentage in subdivision 2, paragraph (d), in the current fiscal year times the sum of the district or charter school's general education aid plus the aid adjustment in section 127A.50 for the current fiscal year; or

 

(2) the amount by which the district's or charter school's net negative unreserved general fund balance as of June 30 of the prior fiscal year exceeds 2.5 percent of the district or charter school's expenditures for that fiscal year.

 

(b) The state total advance final payment under this subdivision for any year must not exceed $7,500,000.  If the amount request exceeds $7,500,000, the advance final payment for each eligible district must be reduced proportionately.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to fiscal years 2010 and later.

 

Sec. 9.  Minnesota Statutes 2008, section 127A.45, subdivision 13, is amended to read:

 

Subd. 13.  Aid payment percentage.  Except as provided in subdivisions 11, 12, 12a, and 14, each fiscal year, all education aids and credits in this chapter and chapters 120A, 120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and section 273.1392, shall be paid at the current year aid payment percentage of the estimated entitlement during the fiscal year of the entitlement.  For the purposes of this subdivision, a district's estimated entitlement for special education excess cost aid under section 125A.79 for fiscal year 2005 equals 70 percent of the district's entitlement for the second prior fiscal year.  For the purposes of this subdivision, a district's estimated


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entitlement for special education excess cost aid under section 125A.79 for fiscal year 2006 and later equals 74.0 percent of the district's entitlement for the current fiscal year.  The final adjustment payment, according to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual data, minus the payments made during the fiscal year of the entitlement.

 

Sec. 10.  Laws 2009, chapter 96, article 1, section 24, subdivision 2, is amended to read:

 

Subd. 2.  General education aid.  For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:

 

                 $ 5,195,504,000 4,291,422,000                            . . . . .                           2010

 

                 $ 5,626,994,000 4,776,884,000                            . . . . .                           2011

 

The 2010 appropriation includes $555,864,000 $553,591,000 for 2009 and $4,639,640,000 $3,737,831,000 for 2010.

 

The 2011 appropriation includes $500,976,000 $1,363,306,000 for 2010 and $5,126,018,000 $3,413,578,000 for 2011.

 

Sec. 11.  Laws 2009, chapter 96, article 6, section 11, subdivision 6, is amended to read:

 

Subd. 6.  Educate parents partnership.  For the educate parents partnership under Minnesota Statutes, section 124D.129:

 

                                            $ 50,000 49,000                            . . . . .                           2010

 

                                            $ 50,000 49,000                            . . . . .                           2011

 

Any balance in the first year does not cancel but is available in the second year.

 

Sec. 12.  Laws 2009, chapter 96, article 6, section 11, subdivision 7, is amended to read:

 

Subd. 7.  Kindergarten entrance assessment initiative and intervention program.  For the kindergarten entrance assessment initiative and intervention program under Minnesota Statutes, section 124D.162:

 

                                       $ 287,000 281,000                            . . . . .                           2010

 

                                       $ 287,000 281,000                            . . . . .                           2011

 

Any balance in the first year does not cancel but is available in the second year.

 

Sec. 13.  Laws 2009, chapter 96, article 7, section 3, subdivision 2, is amended to read:

 

Subd. 2.  Department.  (a) For the Department of Education:

 

                            $ 20,943,000 20,147,600                            . . . . .                           2010

 

                            $ 20,943,000 19,811,000                            . . . . .                           2011

 

Any balance in the first year does not cancel but is available in the second year.


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(b) $260,000 each year is for the Minnesota Children's Museum.

 

(c) $41,000 each year is for the Minnesota Academy of Science.

 

(d) $632,000 $618,000 each year is for the Board of Teaching.  Any balance in the first year does not cancel but is available in the second year. 

 

(e) $171,000 $167,000 each year is for the Board of School Administrators.  Any balance in the first year does not cancel but is available in the second year.

 

(f) $40,000 each year $10,000 is for an early hearing loss intervention coordinator under Minnesota Statutes, section 125A.63, subdivision 5.  This appropriation is for fiscal year 2010 only.  If the department expends federal funds to employ a hearing loss coordinator under Minnesota Statutes, section 125A.63, subdivision 5, then the appropriation under this paragraph is reallocated for purposes of employing a world languages coordinator.

 

(g) $50,000 each year is for the Duluth Children's Museum.

 

(h) None of the amounts appropriated under this subdivision may be used for Minnesota's Washington, D.C., office.

 

(i) The expenditures of federal grants and aids as shown in the biennial budget document and its supplements are approved and appropriated and shall be spent as indicated.  The commissioner must provide, to the K-12 Education Finance Division in the house of representatives and the E-12 Budget Division in the senate, details about the distribution of state incentive grants, education technology state grants, teacher incentive funds, and statewide data system funds as outlined in the supplemental federal funds submission dated March 25, 2009.

 

ARTICLE 4

 

E-12 EDUCATION FORECAST ADJUSTMENTS

 

Section 1.  Minnesota Statutes 2009 Supplement, section 123B.54, is amended to read:

 

123B.54 DEBT SERVICE APPROPRIATION. 

 

(a) $9,109,000 in fiscal year 2009, $7,948,000 in fiscal year 2010, $9,275,000 in fiscal year 2011, $9,574,000 $17,161,000 in fiscal year 2012, and $8,904,000 $19,175,000 in fiscal year 2013 and later are appropriated from the general fund to the commissioner of education for payment of debt service equalization aid under section 123B.53.

 

(b) The appropriations in paragraph (a) must be reduced by the amount of any money specifically appropriated for the same purpose in any year from any state fund.

 

Sec. 2.  Laws 2009, chapter 96, article 1, section 24, subdivision 4, is amended to read:

 

Subd. 4.  Abatement revenue.  For abatement aid under Minnesota Statutes, section 127A.49:

 

                                 $ 1,175,000 1,000,000                            . . . . .                           2010

 

                                 $ 1,034,000 1,132,000                            . . . . .                           2011

 

The 2010 appropriation includes $140,000 for 2009 and $1,035,000 $860,000 for 2010.

 

The 2011 appropriation includes $115,000 $317,000 for 2010 and $919,000 $815,000 for 2011.


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Sec. 3.  Laws 2009, chapter 96, article 1, section 24, subdivision 5, is amended to read:

 

Subd. 5.  Consolidation transition.  For districts consolidating under Minnesota Statutes, section 123A.485:

 

                                       $ 854,000 684,000                            . . . . .                           2010

 

                                       $ 927,000 576,000                            . . . . .                           2011

 

The 2010 appropriation includes $0 for 2009 and $854,000 $684,000 for 2010.

 

The 2011 appropriation includes $94,000 $252,000 for 2010 and $833,000 $324,000 for 2011.

 

Sec. 4.  Laws 2009, chapter 96, article 1, section 24, subdivision 6, is amended to read:

 

Subd. 6.  Nonpublic pupil education aid.  For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:

 

                            $ 17,250,000 12,861,000                            . . . . .                           2010

 

                            $ 17,889,000 16,157,000                            . . . . .                           2011

 

The 2010 appropriation includes $1,647,000 $1,067,000 for 2009 and $15,603,000 $11,794,000 for 2010.

 

The 2011 appropriation includes $1,733,000 $4,362,000 for 2010 and $16,156,000 $11,795,000 for 2011.

 

Sec. 5.  Laws 2009, chapter 96, article 1, section 24, subdivision 7, is amended to read:

 

Subd. 7.  Nonpublic pupil transportation.  For nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:

 

                            $ 22,159,000 17,297,000                            . . . . .                           2010

 

                            $ 22,712,000 19,729,000                            . . . . .                           2011

 

The 2010 appropriation includes $2,077,000 for 2009 and $20,082,000 $15,220,000 for 2010.

 

The 2011 appropriation includes $2,231,000 $5,629,000 for 2010 and $20,481,000 $14,100,000 for 2011.

 

Sec. 6.  Laws 2009, chapter 96, article 2, section 67, subdivision 2, is amended to read:

 

Subd. 2.  Charter school building lease aid.  For building lease aid under Minnesota Statutes, section 124D.11, subdivision 4: 

 

                            $ 40,453,000 34,833,000                            . . . . .                           2010

 

                            $ 44,775,000 44,938,000                            . . . . .                           2011

 

The 2010 appropriation includes $3,704,000 for 2009 and $36,749,000 $31,129,000 for 2010.

 

The 2011 appropriation includes $4,083,000 $11,513,000 for 2010 and $40,692,000 $33,425,000 for 2011.


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Sec. 7.  Laws 2009, chapter 96, article 2, section 67, subdivision 3, is amended to read:

 

Subd. 3.  Charter school startup aid.  For charter school startup cost aid under Minnesota Statutes, section 124D.11:

 

                                 $ 1,488,000 1,218,000                            . . . . .                           2010

 

                                    $ 1,064,000 743,000                            . . . . .                           2011

 

The 2010 appropriation includes $202,000 for 2009 and $1,286,000 $1,016,000 for 2010.

 

The 2011 appropriation includes $142,000 $375,000 for 2010 and $922,000 $368,000 for 2011.

 

Sec. 8.  Laws 2009, chapter 96, article 2, section 67, subdivision 4, is amended to read:

 

Subd. 4.  Integration aid.  For integration aid under Minnesota Statutes, section 124D.86, subdivision 5:

 

                            $ 65,358,000 50,812,000                            . . . . .                           2010

 

                            $ 65,484,000 61,782,000                            . . . . .                           2011

 

The 2010 appropriation includes $6,110,000 $5,832,000 for 2009 and $59,248,000 $44,980,000 for 2010.

 

The 2011 appropriation includes $6,583,000 $16,636,000 for 2010 and $58,901,000 $45,146,000 for 2011.

 

Sec. 9.  Laws 2009, chapter 96, article 2, section 67, subdivision 7, is amended to read:

 

Subd. 7.  Success for the future.  For American Indian success for the future grants under Minnesota Statutes, section 124D.81:

 

                                 $ 2,137,000 1,774,000                            . . . . .                           2010

 

                                 $ 2,137,000 2,072,000                            . . . . .                           2011

 

The 2010 appropriation includes $213,000 for 2009 and $1,924,000 $1,561,000 for 2010.

 

The 2011 appropriation includes $213,000 $576,000 for 2010 and $1,924,000 $1,496,000 for 2011.

 

Sec. 10.  Laws 2009, chapter 96, article 2, section 67, subdivision 9, is amended to read:

 

Subd. 9.  Tribal contract schools.  For tribal contract school aid under Minnesota Statutes, section 124D.83:

 

                                 $ 2,030,000 1,702,000                            . . . . .                           2010

 

                                 $ 2,211,000 2,119,000                            . . . . .                           2011

 

The 2010 appropriation includes $191,000 for 2009 and $1,839,000 $1,511,000 for 2010.

 

The 2011 appropriation includes $204,000 $558,000 for 2010 and $2,007,000 $1,561,000 for 2011.


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Sec. 11.  Laws 2009, chapter 96, article 3, section 21, subdivision 2, is amended to read:

 

Subd. 2.  Special education; regular.  For special education aid under Minnesota Statutes, section 125A.75:

 

                       $ 734,071,000 609,003,000                            . . . . .                           2010

 

                       $ 781,497,000 749,248,000                            . . . . .                           2011

 

The 2010 appropriation includes $71,947,000 for 2009 and $662,124,000 $537,056,000 for 2010.

 

The 2011 appropriation includes $73,569,000 $198,637,000 for 2010 and $707,928,000 $550,611,000 for 2011.

 

Sec. 12.  Laws 2009, chapter 96, article 3, section 21, subdivision 4, is amended to read:

 

Subd. 4.  Travel for home-based services.  For aid for teacher travel for home-based services under Minnesota Statutes, section 125A.75, subdivision 1: