Journal of the House - 106th
Day - Saturday, May 15, 2010 - Top of Page 13329
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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Top of Page 13330
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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Day - Saturday, May 15, 2010 - Top of Page 13350
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:
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13359
(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.
Journal of the House - 106th
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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.
Journal of the House - 106th
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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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Top of Page 13373
(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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Day - Saturday, May 15, 2010 - Top of Page 13374
(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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13375
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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13376
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:
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13377
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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Top of Page 13378
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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Top of Page 13379
(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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Top of Page 13380
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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13381
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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Day - Saturday, May 15, 2010 - Top of Page 13382
(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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13383
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;
Journal of the House - 106th
Day - Saturday, May 15, 2010 - Top of Page 13384
(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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13385
(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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13386
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
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13387
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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13388
(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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13389
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.
Journal of the House - 106th
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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
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13399
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)
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13400
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
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13401
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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13403
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.
Journal of the House - 106th Day - Saturday, May 15, 2010 -
Top of Page 13404
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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Top of Page 13405
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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Day - Saturday, May 15, 2010 - Top of Page 13407
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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Top of Page 13411
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: