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

 

(7) a certificate of successful completion signed by a certified fish health inspector on a form provided by the commissioner.

 

Subd. 2.  Certification time period.  Fish collector certification is valid for five years and is not transferable.  A person may renew certification only by successfully completing certification training.  Certification shall be revoked if the certified person is convicted of violating any of the statutes or rules governing testing for aquatic species diseases.  Certification may be suspended during an investigation associated with misconduct or violations of fish health testing and collection.  The commissioner shall notify the person that certification is being revoked or suspended.

 

Subd. 3.  Conflict of interest.  A fish collector may not oversee the collection of fish from a facility or a water body when the collector has a conflict of interest in connection with the outcome of the testing.

 

Sec. 4.  Minnesota Statutes 2008, section 17.4991, subdivision 3, is amended to read:

 

Subd. 3.  Fish health inspection.  (a) An aquatic farm propagating trout, salmon, salmonids or catfish and having an effluent discharge from the aquatic farm into public waters must have a fish health inspection conducted at least once every 12 months by a certified fish health inspector.  Testing must be conducted according to approved the Fish Health Blue Book laboratory methods.

 

(b) An aquatic farm propagating any species on the viral hemorrhagic septicemia (VHS) susceptible list and having an effluent discharge from the aquatic farm into public waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE).  The commissioner may, by written order published in the State Register, prescribe alternative testing time periods and methods from those prescribed in the Fish Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that biosecurity measures will not be compromised.  These alternatives are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.  The commissioner must provide reasonable notice to affected parties of any changes in testing requirements.

 

(c) Results of fish health inspections must be provided to the commissioner for all fish that remain in the state.  All data used to prepare and issue a fish health certificate must be maintained for three years by the issuing fish health inspector, approved laboratory, or accredited veterinarian.

 

(b) (d) A health inspection fee must be charged based on each lot of fish sampled.  The fee by check or money order payable to the Department of Natural Resources must be prepaid or paid at the time a bill or notice is received from the commissioner that the inspection and processing of samples is completed.

 

(c) (e) Upon receipt of payment and completion of inspection, the commissioner shall notify the operator and issue a fish health certificate.  The certification must be made according to the Fish Health Blue Book by a person certified as a fish health inspector.

 

(d) (f) All aquatic life in transit or held at transfer stations within the state may be inspected by the commissioner.  This inspection may include the collection of stock for purposes of pathological analysis.  Sample size necessary for analysis will follow guidelines listed in the Fish Health Blue Book.

 

(e) (g) Salmonids and catfish must have a fish health inspection before being transported from a containment facility, unless the fish are being transported directly to an outlet for processing or other food purposes or unless the commissioner determines that an inspection is not needed.  A fish health inspection conducted for this purpose need


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only be done on the lot or lots of fish that will be transported.  The commissioner must conduct a fish health inspection requested for this purpose within five working days of receiving written notice.  Salmonids and catfish may be immediately transported from a containment facility to another containment facility once a sample has been obtained for a health inspection or once the five-day notice period has expired.

 

Sec. 5.  Minnesota Statutes 2008, section 17.4994, is amended to read:

 

17.4994 SUCKER EGGS. 

 

Sucker eggs may be taken from public waters with a sucker egg license endorsement, which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres of licensed surface waters except that for intensive culture systems, sucker eggs may be taken at a rate of two quarts per 1,000 muskellunge fry being reared for the fee prescribed in section 97A.475, subdivision 29.  The Taking of sucker eggs from public waters is subject to chapter 97C and may be supervised by the commissioner.  The commissioner may limit the amount of sucker eggs that a person with a sucker egg license endorsement may take based on the number of sucker eggs taken historically by the licensee, new requests for eggs, and the condition of the spawning runs at those historical streams and rivers that have produced previous annual quotas.

 

Sec. 6.  Minnesota Statutes 2008, section 84.942, subdivision 1, is amended to read:

 

Subdivision 1.  Preparation.  The commissioner of natural resources shall prepare a comprehensive fish and wildlife management plan plans designed to accomplish the policy of section 84.941.  The comprehensive fish and wildlife management plan shall include a strategic plan as outlined in subdivision 2.  The strategic plan must be completed by July 1, 1986.  The management plan must also include the long-range and operational plans as described in subdivisions 3 and 4.  The management plan must be completed by July 1, 1988. 

 

Sec. 7.  Minnesota Statutes 2009 Supplement, section 84.95, subdivision 2, is amended to read:

 

Subd. 2.  Purposes and expenditures.  Money from the reinvest in Minnesota resources fund may only be spent for the following fish and wildlife conservation enhancement purposes:

 

(1) development and implementation of the comprehensive fish and wildlife management plan plans under section 84.942;

 

(2) implementation of the reinvest in Minnesota reserve program established by section 103F.515;

 

(3) soil and water conservation practices to improve water quality, reduce soil erosion and crop surpluses;

 

(4) enhancement or restoration of fish and wildlife habitat on lakes, streams, wetlands, and public and private forest lands;

 

(5) acquisition and development of public access sites and recreation easements to lakes, streams, and rivers for fish and wildlife oriented recreation;

 

(6) matching funds with government agencies, federally recognized Indian tribes and bands, and the private sector for acquisition and improvement of fish and wildlife habitat;

 

(7) research and surveys of fish and wildlife species and habitat;

 

(8) enforcement of natural resource laws and rules;


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(9) information and education;

 

(10) implementing the aspen recycling program under section 88.80 and for other forest wildlife management projects; and

 

(11) necessary support services to carry out these purposes.

 

Sec. 8.  Minnesota Statutes 2008, section 84D.03, subdivision 3, is amended to read:

 

Subd. 3.  Bait harvest from infested waters.  (a) The Taking of wild animals from infested waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) and section 97C.341.

 

(b) In waters that are designated as infested waters, except those designated because they contain prohibited invasive species of fish or certifiable diseases of fish as defined in section 17.4982, subdivision 6, the taking of wild animals may be permitted for:

 

(1) commercial taking of wild animals for bait and aquatic farm purposes according to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

 

(2) bait purposes for noncommercial personal use in waters that contain Eurasian water milfoil, when the infested waters are designated solely because they contain Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length.

 

(c) Equipment and gear authorized for minnow harvest in a designated infested water by permit issued under paragraph (b) may not be transported to, or used in, any waters other than waters specified in the permit.

 

Sec. 9.  Minnesota Statutes 2008, section 84D.11, subdivision 2a, is amended to read:

 

Subd. 2a.  Harvest of bait from infested waters.  The commissioner may issue a permit to allow the harvest of bait:

 

(1) from waters that are designated as infested waters, except those designated because they contain prohibited invasive species of fish or certifiable diseases of fish as defined in section 17.4982, subdivision 6; and

 

(2) from infested waters as allowed under section 97C.341, paragraph (c). 

 

The permit shall include conditions necessary to avoid spreading aquatic invasive species.  Before receiving a permit, a person annually must satisfactorily complete aquatic invasive species-related training provided by the commissioner.

 

Sec. 10.  Minnesota Statutes 2008, section 97A.015, subdivision 52, is amended to read:

 

Subd. 52.  Unprotected birds.  "Unprotected birds" means English sparrow, blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge, quail other than bobwhite quail, and mute swan.

 

Sec. 11.  Minnesota Statutes 2008, section 97A.101, subdivision 3, is amended to read:

 

Subd. 3.  Fishing may not be restricted.  Seasons or methods of taking fish other than minnows may not be restricted under this section.


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Sec. 12.  Minnesota Statutes 2008, section 97A.311, subdivision 5, is amended to read:

 

Subd. 5.  Refunds.  (a) The commissioner may issue a refund on a license, not including any issuing fees paid under section 97A.485, subdivision 6, if the request is received within 90 days of the original license purchase and: 

 

(1) the licensee dies before the opening of the licensed season.  The original license and a copy of the death certificate must be provided to the commissioner;

 

(2) the licensee is unable to participate in the licensed activity because the licensee is called to active military duty or military leave is canceled during the entire open season of the licensed activity.  The original license and a copy of the military orders or notice of cancellation of leave must be provided to the commissioner; or

 

(3) the licensee purchased two licenses for the same license season in error.; or

 

(4) the licensee was not legally required to purchase the license to participate in the activity.

 

(b) This subdivision does not apply to lifetime licenses.

 

Sec. 13.  Minnesota Statutes 2008, section 97A.331, subdivision 4, is amended to read:

 

Subd. 4.  Taking and possessing big game out of season.  (a) A person that takes or illegally possesses big game during the closed season is guilty of a gross misdemeanor.  The restitution value for a trophy deer taken or illegally possessed during the closed season is according to paragraphs (b) to (d).

 

(b) The restitution value for trophy deer shall be determined based on the animal's trophy score.  The trophy score for deer shall be determined using the scoring system developed by the Boone and Crockett Club.

 

(c) For typical trophy deer, the following restitution values, based on the Boone and Crockett Club score, are:

 

(1) 135 or over and less than 160, $2,000;

 

(2) 160 or over and less than 180, $3,000;

 

(3) 180 or over and less than 200, $4,000; and

 

(4) 200 or over, $5,000.

 

(d) For nontypical trophy deer, the following restitution values, based on the Boone and Crockett Club score, are:

 

(1) 160 or over and less than 185, $2,000;

 

(2) 185 or over and less than 205, $3,000;

 

(3) 205 or over and less than 225, $4,000; and

 

(4) 225 or over, $5,000.

 

Sec. 14.  Minnesota Statutes 2008, section 97A.345, is amended to read:

 

97A.345 RESTITUTION VALUE OF WILD ANIMALS. 


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(a) Except for trophy deer restitution values provided under section 97A.331, subdivision 4, the commissioner may, by rules adopted under chapter 14, prescribe the dollar value to the state of species of wild animals.  The value may reflect the value to other persons to legally take the wild animal, the replacement cost, or the intrinsic value to the state of the wild animals.  Species of wild animals with similar values may be grouped together.

 

(b) The value of a wild animal under the rules adopted by the commissioner is prima facie evidence of a wild animal's value under section 97A.341. 

 

(c) The commissioner shall report annually to the legislature the amount of restitution collected under section 97A.341 and the manner in which the funds were expended.

 

Sec. 15.  Minnesota Statutes 2008, section 97A.405, subdivision 2, is amended to read:

 

Subd. 2.  Personal possession.  (a) A person acting under a license or traveling from an area where a licensed activity was performed must have in personal possession either:  (1) the proper license, if the license has been issued to and received by the person; or (2) the proper license identification number or stamp validation, if the license has been sold to the person by electronic means but the actual license has not been issued and received.

 

(b) If possession of a license or a license identification number is required, a person must exhibit, as requested by a conservation officer or peace officer, either:  (1) the proper license if the license has been issued to and received by the person; or (2) the proper license identification number or stamp validation and a valid state driver's license, state identification card, or other form of identification provided by the commissioner, if the license has been sold to the person by electronic means but the actual license has not been issued and received.  A person charged with violating the license possession requirement shall not be convicted if the person produces in court or the office of the arresting officer, the actual license previously issued to that person, which was valid at the time of arrest, or satisfactory proof that at the time of the arrest the person was validly licensed.  Upon request of a conservation officer or peace officer, a licensee shall write the licensee's name in the presence of the officer to determine the identity of the licensee.

 

(c) If the actual license has been issued and received, a receipt for license fees, a copy of a license, or evidence showing the issuance of a license, including the license identification number or stamp validation, does not entitle a licensee to exercise the rights or privileges conferred by a license.

 

(d) A license issued electronically and not immediately provided to the licensee shall be mailed to the licensee within 30 days of purchase of the license.  A pictorial migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to the licensee after purchase of a stamp validation only if the licensee pays an additional $2 fee that covers the costs of producing and mailing a pictorial stamp.  A pictorial turkey stamp may be purchased for a $2 fee that covers the costs of producing and mailing the pictorial stamp.  Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish fees for providing the pictorial stamps.  The fees must be set in an amount that does not recover significantly more or less than the cost of producing and mailing the stamps.  The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.

 

Sec. 16.  Minnesota Statutes 2008, section 97A.421, subdivision 4a, is amended to read:

 

Subd. 4a.  Suspension for failure to appear in court or pay a fine or surcharge.  When a court reports to the commissioner that a person (1) has failed to appear in court under the summons issued in response to a notice to appear or fails to comply with other orders of the court regarding the appearance or proceedings for a violation of the game and fish laws or (2) has been convicted of violating a provision of the game and fish laws, has been sentenced to the payment of a fine or had a surcharge levied against them, and refused or failed to comply with that sentence or to pay the fine or surcharge, the commissioner shall suspend the game and fish license and permit privileges of the person until notified by the court that the person has appeared in court under clause (1) or that any fine or surcharge due the court has been paid under clause (2).


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Sec. 17.  Minnesota Statutes 2008, section 97A.433, is amended by adding a subdivision to read:

 

Subd. 5.  Mandatory separate selection.  The commissioner must conduct a separate selection for 20 percent of the elk licenses to be issued each year.  Only individuals who have applied at least ten times for an elk license and who have never received a license are eligible for this separate selection.

 

Sec. 18.  Minnesota Statutes 2008, section 97A.435, subdivision 1, is amended to read:

 

Subdivision 1.  Number of licenses to be issued License issuance.  The commissioner shall include in a rule setting the dates for a turkey season the number of licenses to be issued rules setting turkey seasons the methods for issuing licenses for those seasons.

 

Sec. 19.  Minnesota Statutes 2008, section 97A.435, subdivision 4, is amended to read:

 

Subd. 4.  Separate selection of eligible licensees.  (a) The commissioner may conduct a separate selection for up to 20 percent of the turkey licenses to be issued for any area.  Only persons who are owners or tenants of and who live on at least 40 acres of land in the area, and their immediate family members, are eligible applicants for turkey licenses for the separate selection.  The qualifying land may be noncontiguous.  Persons who are unsuccessful in a separate selection must be included in the selection for the remaining licenses.  Persons who obtain a license in a separate selection must allow public turkey hunting on their land during that turkey season.  A license issued under this subdivision is restricted to the permit area where the qualifying land is located.

 

(b) The commissioner may by rule establish criteria for determining eligible family members under this subdivision.

 

Sec. 20.  Minnesota Statutes 2009 Supplement, section 97A.445, subdivision 1a, is amended to read:

 

Subd. 1a.  Angling in a state park.  (a) A resident may take fish by angling without an angling license:

 

(1) when shore fishing or wading on state-owned land within a state park.; or

 

(2) when angling from a boat or float, this subdivision applies only to those or through the ice on water bodies completely encompassed within the statutory boundary of the state park.

 

(b) The exemption from an angling license does not apply to waters where a trout stamp is required.

 

Sec. 21.  Minnesota Statutes 2008, section 97A.502, is amended to read:

 

97A.502 DEER KILLED BY MOTOR VEHICLES. 

 

(a) Deer killed by a motor vehicle on a public road must be removed by the road authority, as defined by section 160.02, subdivision 25, unless the driver of the motor vehicle is allowed to possess the deer under paragraph (b).  The commissioner of natural resources must provide to all road authorities standard forms for statistical purposes and the tracking of wild animals. 

 

(b) The driver of a motor vehicle that has collided with and killed a deer on a public road has priority for a possession permit for the entire deer if the facts indicate that the deer was not taken illegally.


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Sec. 22.  Minnesota Statutes 2008, section 97A.535, subdivision 2a, is amended to read:

 

Subd. 2a.  Quartering of deer allowed.  A deer that has been tagged as required in subdivision 1 may be quartered at the site of the kill.  The animal's head or genitalia must remain attached to one of the quarters for male deer taken in a lottery deer area or areas with antler point restrictions the animal's head must remain attached to one of the quarters.  The quarters must be presented together for registration under subdivision 2 and must remain together until the deer is processed for storage.

 

Sec. 23.  Minnesota Statutes 2008, section 97A.545, subdivision 5, is amended to read:

 

Subd. 5.  Birds must be in undressed condition; exceptions.  (a) Except as provided in paragraph (b), a person may ship or otherwise transport game birds in an undressed condition only.

 

(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:

 

(1) were taken on a shooting preserve and are marked or identified in accordance with section 97A.121, subdivision 5;

 

(2) were taken, dressed, and lawfully shipped or otherwise transported in another state; or

 

(3) are migratory game birds that were lawfully tagged and packed by a federally permitted migratory bird preservation facility.; or

 

(4) are doves shipped or transported in accordance with federal law.

 

Sec. 24.  Minnesota Statutes 2008, section 97B.015, subdivision 5a, is amended to read:

 

Subd. 5a.  Exemption for military personnel.  (a) Notwithstanding subdivision 5,: 

 

(1) a person who has successfully completed basic training in the United States armed forces is exempt from the range and shooting exercise portion of the required course of instruction for the firearms safety certificate; and

 

(2) a person who has successfully completed basic training and training as a sniper in the United States armed forces is exempt from both the classroom instruction and the range and shooting exercise portions of the required course of instruction for the firearms safety certificate.

 

(b) The commissioner may require written proof of the person's military training, as deemed appropriate for implementing this subdivision.  The commissioner shall publicly announce this exemption these exemptions from the range and shooting exercise requirement respective requirements for the firearms safety certificate and the availability of the department's online, remote study option for adults seeking firearms safety certification.  Except as provided in paragraph (a), military personnel and veterans are not exempt from any other requirement the requirements of this section for obtaining a firearms safety certificate.

 

EFFECTIVE DATE.  This section is effective July 1, 2010, for applications for firearms safety certificates received on or after that date.

 

Sec. 25.  Minnesota Statutes 2008, section 97B.022, subdivision 2, is amended to read:

 

Subd. 2.  Apprentice hunter validation requirements.  A resident born after December 31, 1979, who is age 12 13 or older over and who does not possess a hunter education firearms safety certificate may be issued an apprentice hunter validation.  An apprentice hunter validation is valid for only one two license year years in a


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lifetime.  An individual in possession of an apprentice hunter validation may hunt small game and, deer, and bear only when accompanied by an adult licensed to hunt in Minnesota whose license was not obtained using an apprentice hunter validation.  An apprentice hunter validation holder must obtain all required licenses and stamps.

 

Sec. 26.  Minnesota Statutes 2008, section 97B.031, subdivision 5, is amended to read:

 

Subd. 5.  Scopes; visually impaired hunters.  (a) Notwithstanding any other law to the contrary, the commissioner may issue a special permit, without a fee, to use a muzzleloader with a scope to take deer during the muzzleloader season to a person who obtains the required licenses and who has a visual impairment.  The scope may not have magnification capabilities.

 

(b) The visual impairment must be to the extent that the applicant is unable to identify targets and the rifle sights at the same time without a scope.  The visual impairment and specific conditions must be established by medical evidence verified in writing by (1) a licensed physician, or a certified nurse practitioner or certified physician assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist,; or (3) a licensed optometrist.  The commissioner may request additional information from the physician if needed to verify the applicant's eligibility for the permit.

 

(c) A permit issued under this subdivision may be valid for up to five years, based on the permanence of the visual impairment as determined by the licensed physician, ophthalmologist, or optometrist.

 

(d) The permit must be in the immediate possession of the permittee when hunting under the special permit.

 

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under this subdivision for cause, including a violation of the game and fish laws or rules.

 

(f) A person who knowingly makes a false application or assists another in making a false application for a permit under this subdivision is guilty of a misdemeanor.  A physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or optometrist who fraudulently certifies to the commissioner that a person is visually impaired as described in this subdivision is guilty of a misdemeanor.

 

Sec. 27.  Minnesota Statutes 2009 Supplement, section 97B.055, subdivision 3, is amended to read:

 

Subd. 3.  Hunting from vehicle by disabled hunters.  (a) The commissioner may issue a special permit, without a fee, to discharge a firearm or bow and arrow from a stationary motor vehicle to a person who obtains the required licenses and who has a permanent physical disability that is more substantial than discomfort from walking.  The permit recipient must be:

 

(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or other mechanical support or prosthetic device; or

 

(2) unable to walk any distance because of a permanent lung, heart, or other internal disease that requires the person to use supplemental oxygen to assist breathing.

 

(b) The permanent physical disability must be established by medical evidence verified in writing by a licensed physician or, chiropractor, or certified nurse practitioner or certified physician assistant acting under the direction of a licensed physician.  The commissioner may request additional information from the physician or chiropractor if needed to verify the applicant's eligibility for the permit.  Notwithstanding section 97A.418, the commissioner may, in consultation with appropriate advocacy groups, establish reasonable minimum standards for permits to be issued under this section.  In addition to providing the medical evidence of a permanent disability, the applicant must possess a valid disability parking certificate authorized by section 169.345 or license plates issued under section 168.021.


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(c) A person issued a special permit under this subdivision and hunting deer may take a deer of either sex, except in those antlerless permit areas and seasons where no antlerless permits are offered.  This subdivision does not authorize another member of a party to take an antlerless deer under section 97B.301, subdivision 3.

 

(d) A permit issued under this subdivision is valid for five years.

 

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under this section for cause, including a violation of the game and fish laws or rules.

 

(f) A person who knowingly makes a false application or assists another in making a false application for a permit under this section is guilty of a misdemeanor.  A physician, certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently certifies to the commissioner that a person is permanently disabled as described in this section is guilty of a misdemeanor.

 

(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for the entire life of the applicant if the commissioner determines that there is no chance that an applicant will become ineligible for a permit under this section and the applicant requests a lifetime permit.

 

Sec. 28.  Minnesota Statutes 2008, section 97B.075, is amended to read:

 

97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING. 

 

(a) A person may not take protected wild animals, except raccoon and fox, with a firearm between the evening and morning times established by commissioner's rule, except as provided in this section.

 

(b) Big game may be taken from one-half hour before sunrise until one-half hour after sunset.

 

(c) Except as otherwise prescribed by the commissioner on or before the Saturday nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset during the entire season prescribed by the commissioner.  On the opening day of the duck season, shooting hours for migratory game birds, except woodcock and doves, begin at 9:00 a.m.

 

Sec. 29.  Minnesota Statutes 2008, section 97B.106, subdivision 1, is amended to read:

 

Subdivision 1.  Qualifications for crossbow permits.  (a) The commissioner may issue a special permit, without a fee, to take big game, small game, or rough fish with a crossbow to a person that is unable to hunt or take rough fish by archery because of a permanent or temporary physical disability.  A crossbow permit issued under this section also allows the permittee to use a bow with a mechanical device that draws, releases, or holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).

 

(b) To qualify for a crossbow permit under this section, a temporary disability must render the person unable to hunt or fish by archery for a minimum of two years after application for the permit is made.  The permanent or temporary disability must be established by medical evidence, and the inability to hunt or fish by archery for the required period of time must be verified in writing by (1) a licensed physician or a certified nurse practitioner or certified physician assistant acting under the direction of a licensed physician; or (2) a licensed chiropractor.  A person who has received a special permit under this section because of a permanent disability is eligible for subsequent special permits without providing medical evidence and verification of the disability.

 

(c) The person must obtain the appropriate license.

 

Sec. 30.  Minnesota Statutes 2008, section 97B.325, is amended to read:


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97B.325 DEER STAND RESTRICTIONS. 

 

A person may not take deer from a constructed platform or other structure that is located within the right-of-way of an improved public highway or is higher than 16 feet above the ground.  The height restriction does not apply to a portable stand that is chained, belted, clamped, or tied with rope.

 

Sec. 31.  Minnesota Statutes 2008, section 97B.405, is amended to read:

 

97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS. 

 

(a) The commissioner may limit the number of persons that may hunt bear in an area, if it is necessary to prevent an overharvest or improve the distribution of hunters.  The commissioner may establish, by rule, a method, including a drawing, to impartially select the hunters for an area.  The commissioner shall give preference to hunters that have previously applied and have not been selected.

 

(b) In the case of a drawing, the commissioner shall allow a person to apply for a permit in more than one area at the same time and rank the person's choice of area.

 

(c) A person selected through a drawing must purchase a license by the Friday closest to July 31.  Any remaining available licenses not purchased shall be issued beginning the following Wednesday to those who applied unsuccessfully.  Any remaining available licenses not purchased by unsuccessful applicants may then be issued the following week beginning on Wednesday to any eligible person as prescribed by the commissioner on a first-come, first-served basis.

 

Sec. 32.  [97B.4251] BAITING BEAR; USE OF DRUM. 

 

Notwithstanding section 97B.425, a private landowner or person authorized by the private landowner may use a drum to bait bear on the person's private land.  The drum must be securely chained or cabled to a tree so that it cannot be moved from the site by a bear and the drum may not include a mechanical device for dispensing feed.  The drum must be marked with the name and address of the person who registered the bait site.  For purposes of this section, "drum" means a 30 gallon or larger drum.

 

Sec. 33.  Minnesota Statutes 2008, section 97B.515, is amended by adding a subdivision to read:

 

Subd. 4.  Taking elk causing damage or nuisance.  The commissioner may authorize the taking of elk that are causing damage or nuisance by licensed hunters from September 1 to March 1 under rules prescribed by the commissioner.  The commissioner may select and issue licenses to hunters from lists of license applicants based on their interest, proximity, and availability to quickly respond to the damage or nuisance situation.  A person receiving a license to hunt elk under this subdivision is not subject to the requirements of section 97A.433, subdivision 2, clause (2), and does not lose eligibility for future elk hunts.

 

Sec. 34.  Minnesota Statutes 2009 Supplement, section 97B.811, subdivision 3, is amended to read:

 

Subd. 3.  Restrictions on leaving decoys unattended.  During the open season for waterfowl, a person may not leave decoys in public waters between sunset and two hours before lawful shooting hours or leave decoys unattended during other times for more than three consecutive hours unless:

 

(1) the decoys are in waters adjacent to completely surrounded by private land under the control of the hunter; and

 

(2) there is not natural vegetation growing in water sufficient to partially conceal a hunter and there is no public access to the water.


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Sec. 35.  Minnesota Statutes 2008, section 97B.911, is amended to read:

 

97B.911 MUSKRAT SEASONS. 

 

(a) Except as provided in paragraph (b), the commissioner may establish open seasons and restrictions for taking muskrat.

 

(b) The fall open season for muskrat shall begin the third Saturday in October in the forest trapping zone.

 

Sec. 36.  Minnesota Statutes 2008, section 97B.915, is amended to read:

 

97B.915 MINK SEASONS. 

 

(a) Except as provided in paragraph (b), the commissioner may establish open seasons and restrictions for taking mink.

 

(b) The fall open season for mink shall begin the third Saturday in October in the forest trapping zone.

 

Sec. 37.  Minnesota Statutes 2008, section 97B.921, is amended to read:

 

97B.921 OTTER SEASONS. 

 

(a) Except as provided in paragraph (b), the commissioner may establish open seasons and restrictions for taking otter.

 

(b) The fall open season for otter shall begin the third Saturday in October in the forest trapping zone.

 

Sec. 38.  Minnesota Statutes 2008, section 97B.925, is amended to read:

 

97B.925 BEAVER SEASONS. 

 

(a) Except as provided in paragraph (b), the commissioner may establish open seasons and restrictions for taking beaver.

 

(b) The fall open season for beaver shall begin the third Saturday in October in the forest trapping zone.

 

Sec. 39.  [97B.927] INCIDENTAL TAKINGS. 

 

A person who incidentally takes a muskrat or otter in a beaver trap during the beaver season shall tag the animal with the person's name, license number, and the date, time, and place where the animal was taken.  The person must notify a conservation officer no later than 24 hours after the taking.  The person shall give the pelt of the animal to the Minnesota Trappers Association.  All proceeds from the sale of the pelts must be used to support the association's education efforts.

 

Sec. 40.  Minnesota Statutes 2008, section 97C.005, subdivision 3, is amended to read:

 

Subd. 3.  Seasons, limits, and other rules.  The commissioner may, in accordance with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, establish open seasons, limits, methods, and other requirements for taking fish on special management waters.  The commissioner may, by written order published in the State Register, amend daily, possession, or size limits to make midseason adjustments that are necessary based on available harvest, angling pressure, and population data to manage the fisheries in the 1837 Ceded Territory in


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compliance with the court orders in Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999).  The midseason adjustments in daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

 

Sec. 41.  Minnesota Statutes 2008, section 97C.087, subdivision 2, is amended to read:

 

Subd. 2.  Application for tag.  Application for special fish management tags must be accompanied by a $5, nonrefundable application fee for each tag.  A person may not make more than one tag application each calendar year.  If a person makes more than one application, the person is ineligible for a special fish management tag for that season calendar year after determination by the commissioner, without a hearing.

 

Sec. 42.  Minnesota Statutes 2008, section 97C.205, is amended to read:

 

97C.205 TRANSPORTING AND STOCKING FISH. 

 

(a) Except on the water body where taken, a person may not transport a live fish in a quantity of water sufficient to keep the fish alive, unless the fish:

 

(1) is being transported under an aquaculture license as authorized under sections 17.4985 and 17.4986;

 

(2) is being transported for a fishing contest weigh-in under section 97C.081;

 

(3) is a minnow being transported under section 97C.505 or 97C.515;

 

(4) is being transported by a commercial fishing license holder under section 97C.821; or

 

(5) is being transported as otherwise authorized in this section or as prescribed for certifiable diseases under sections 17.46 to 17.4999.

 

(b) The commissioner may adopt rules to allow and regulate:

 

(1) the transportation of fish and fish eggs; and

 

(2) the stocking of waters with fish or fish eggs.

 

(c) The commissioner must allow the possession of fish on special management or experimental waters to be prepared as a meal on the ice or on the shore of that water body if the fish: 

 

(1) were lawfully taken;

 

(2) have been packaged by a licensed fish packer; and

 

(3) do not otherwise exceed the statewide possession limits.

 

(d) The commissioner shall prescribe rules designed to encourage local sporting organizations to propagate game fish by using rearing ponds.  The rules must:

 

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

 

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


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

 

(e) A person age 16 or under may, for purposes of display in a home aquarium, transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, and brown bullheads taken by angling, except as otherwise ordered by the commissioner upon documentation of an emergency fish disease in Minnesota waters, as defined in section 17.4982, subdivision 9.  No more than four of each species may be transported at any one time, and any individual fish can be no longer than ten inches in total length.  The commissioner may, by written order published in the State Register, prohibit transportation of live fish under this paragraph to help prevent spread of an emergency fish disease documented to occur in Minnesota waters.  The order is exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply.

 

Sec. 43.  Minnesota Statutes 2008, section 97C.315, subdivision 1, is amended to read:

 

Subdivision 1.  Lines.  An angler may not use more than one line except two lines may be used to take fish:

 

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

 

(2) the commissioner may, by rule, authorize the use of two lines in areas designated by the commissioner in Lake Superior if the angler purchases a second line endorsement for $10.

 

Sec. 44.  Minnesota Statutes 2008, section 97C.341, is amended to read:

 

97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT. 

 

(a) A person may not use live minnows imported from outside of the state, game fish, goldfish, or carp for bait.  The commissioner may authorize use of game fish eggs as bait and prescribe restrictions on their use.

 

(b) A person may not import or possess live, frozen, or processed bait from known waters where viral hemorrhagic septicemia has been identified as being present, except as provided in paragraph (c).  For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates, and insects used for angling taking wild animals.

 

(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may be used as:

 

(1) fresh or frozen bait on Lake Superior; or

 

(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a manner prescribed by rules adopted by the commissioner.

 

Sec. 45.  [348.125] COYOTE CONFLICT MANAGEMENT OPTION. 

 

A county board may, by resolution, offer a bounty for the taking of coyotes (Canis latrans) by all legal methods.  The resolution may be made applicable to the whole or any part of the county.  The bounty must apply during the months specified in the resolution and be in an amount determined by the board.

 

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


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Sec. 46.  LAKE FLORIDA FISHING RESTRICTIONS. 

 

The commissioner shall prohibit fishing on Lake Florida in the area surrounding the outlet and carp trap one month prior to the open season for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth bass, as provided under Minnesota Statutes, section 97C.395, subdivision 1, paragraph (a), clause (1).

 

Sec. 47.  RULEMAKING; SPEARING ON CASS LAKE. 

 

The commissioner of natural resources shall amend Minnesota Rules, part 6264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake.  The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.

 

Sec. 48.  REPEALER. 

 

Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; and 97B.811, subdivision 4, are repealed.

 

ARTICLE 2

 

STATE LANDS

 

Section 1.  Minnesota Statutes 2008, section 84.0272, subdivision 2, is amended to read:

 

Subd. 2.  Stream easements.  (a) Notwithstanding subdivision 1, the commissioner may acquire permanent stream easements for angler access, fish management, and habitat work for a onetime payment based on a value attributed to both the stream and the easement corridor.  The payment shall equal:

 

(1) the per linear foot of stream within the easement corridor times $5; plus

 

(2) the easement corridor acres times the estimated market value.

 

(b) The estimated market value is equal to:

 

(1) the total farm market value plus the timberlands value agricultural market value plus the rural vacant market value plus the managed forest market value; divided by

 

(2) the acres of deeded farmland plus the acres of timber agricultural land plus the rural vacant land plus the managed forest land.

 

(c) The total farm market value, timberlands value, acres of deeded farmland, and acres of timber agricultural market value, rural vacant market value, and managed forest market value or equivalent are determined from data collected by the Department of Revenue during its annual spring mini abstract survey.  If the Department of Revenue changes its property type groups for its annual spring mini abstract survey, the agricultural market value, the rural vacant market value, and the managed forest market value shall be determined by the commissioner from data collected by the Department of Revenue in a manner that provides the most reasonable substitute for the market values as presently reported.  The commissioner must use the most recent available data for the city or township within which the easement corridor is located.

 

(d) The commissioner shall periodically review the easement payment rates under this subdivision to determine whether the stream easement payments reflect current shoreland market values.  If the commissioner determines that the easements do not reflect current shoreland market values, the commissioner shall report to the senate and house


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of representatives natural resources policy committees with recommendations for changes to this subdivision that are necessary for the stream easement payment rates to reflect current shoreland market values.  The recommendations may include an adjustment to the dollar amount in paragraph (a), clause (1).

 

Sec. 2.  Minnesota Statutes 2008, section 85.012, subdivision 40, is amended to read:

 

Subd. 40.  McCarthy Beach State Park, St. Louis County and Itasca Counties, which is hereby renamed from McCarthy Beach Memorial State Park.

 

Sec. 3.  Minnesota Statutes 2008, section 89.021, is amended by adding a subdivision to read:

 

Subd. 1a.  Boundaries designated.  The commissioner of natural resources may acquire by gift or purchase land or interests in land adjacent to or in the proximity of a state forest.  The commissioner may change the boundaries of established state forests for the acquisition of land adjacent to or in the proximity of the state forests, provided that the lands meet the definition of forest land as defined in section 89.001, subdivision 4.  The new boundaries shall be designated by the process provided for in section 86A.07, subdivision 3.

 

Sec. 4.  Minnesota Statutes 2008, section 89.032, subdivision 2, is amended to read:

 

Subd. 2.  Acquisition for state forests.  The commissioner may acquire lands or interest in lands for state forest purposes.  The land or interests in land may be subject to mineral reservations.

 

Sec. 5.  Minnesota Statutes 2008, section 94.342, is amended by adding a subdivision to read:

 

Subd. 7.  Exception for riparian land in Boundary Waters Canoe Area Wilderness.  Notwithstanding subdivision 3, any state-owned riparian land within the Boundary Waters Canoe Area Wilderness may be given in exchange for nonriparian land outside the Boundary Waters Canoe Area Wilderness.

 

Sec. 6.  Minnesota Statutes 2008, section 97A.141, subdivision 1, is amended to read:

 

Subdivision 1.  Acquisition; generally.  (a) Except as provided in paragraph (b), the commissioner shall acquire access sites adjacent to public waters and easements and rights-of-way necessary to connect the access sites with public highways.  The land may be acquired by gift, lease, or purchase, or by condemnation with approval of the Executive Council. 

 

(b) Until July 1, 2015, the commissioner shall not develop public access sites adjacent to public waters that do not have a public access site until the commissioner completes an aquatic invasive species prevention plan for the specific public water.

 

Sec. 7.  Laws 2009, chapter 176, article 4, section 9, is amended to read:

 

Sec. 9.  PRIVATE SALE OF SURPLUS LAND; CLEARWATER COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The commissioner may sell the land to the White Earth Band of Ojibwe for less than the value of the land as determined by the commissioner, but the conveyance must provide that the land be used for the public and reverts to the state if the band fails to provide for public use or abandons the public use of the land $26,500.  The conveyance may reserve an easement for ingress and egress.


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(c) The land that may be sold is located in Clearwater County and is described as:  the West 400 feet of the South 750 feet of Government Lot 3, Section 31, Township 145 North, Range 38 West, containing 6.89 acres, more or less.

 

(d) The Department of Natural Resources has determined that the land and building are no longer needed for natural resource purposes.

 

Sec. 8.  ADDITIONS TO STATE PARKS. 

 

Subdivision 1.  [85.012] [Subd. 19.] Forestville Mystery Cave State Park, Fillmore County.  The following areas are added to Forestville Mystery Cave State Park, all in Fillmore County:

 

(1) commencing at the northeast corner of Section 14, Township 102 North, Range 12 West; thence West 1,608.8 feet; thence South 2 degrees 50 minutes West 1,260.4 feet; thence North 89 degrees 57 minutes West 656 feet; thence South 0 degrees 39 minutes West 541.4 feet; thence North 89 degrees 57 minutes West 302.7 feet; thence South 0 degrees 39 minutes West 347.1 feet; thence South 89 degrees 58 minutes East 132 feet; thence South 0 degrees 39 minutes West 496 feet; thence South 89 degrees 58 minutes East 495 feet; thence South 54 degrees East 990 feet; thence South 39 degrees East 295 feet; thence South 84 degrees East 594 feet; thence South 64 degrees East 148.5 feet; thence South 66 degrees East 462 feet; thence North 0 degrees 45 minutes East 3763 feet to beginning;

 

(2) that part of the East Half of the Southeast Quarter of Section 14, Township 102 North, Range 12 West, lying North of the south bank of the North Branch Creek, also known as Forestville Creek.  Said parcel of real estate being more fully described as follows:  commencing at the northeast corner of Section 14, proceed West, a distance of 1,608.8 feet; thence South 2 degrees 50 minutes West a distance of 1,260.4 feet; thence North 89 degrees 57 minutes West, a distance of 656 feet; thence South 0 degrees 39 minutes West, a distance of 541.4 feet to the beginning corner.  From the point of beginning, continue North 89 degrees 57 minutes West, a distance of 302.7 feet; thence South 0 degrees 39 minutes West a distance of 347.1 feet; thence South 89 degrees 58 minutes East, a distance of 132 feet; thence South 0 degrees 39 minutes West, a distance of 496 feet; thence South 89 degrees 58 minutes East a distance of 363 feet; thence South 54 degrees East 990 feet; thence South 39 degrees East 295 feet; thence South 84 degrees East 594 feet; thence South 64 degrees East 148.5 feet; thence South 66 degrees East 462 feet, to the section line; thence North on the section line, a distance of 1,783 feet; thence North 85 degrees 34 minutes West a distance of 2,340.2 feet to the beginning corner;

 

(3) the South Half of the Northeast Quarter of Section 23, Township 102, Range 12, Fillmore County, Minnesota, except the South Half of the Southeast Quarter of the Southeast Quarter of said Northeast Quarter, and also except that part thereof lying West of the center of County Road No. 12;

 

(4) that part of the North Half of the Southwest Quarter of Section 23, Township 102, Range 12, Fillmore County, Minnesota, lying northerly and easterly of the following described line:  commencing at a point 288.4 feet North of the southwest corner of the Northwest Quarter of the Southwest Quarter of said Section 23; thence North 132 feet, to the point of beginning of the line to be described; thence East 1,800 feet, to the center of river; thence South 6 degrees East 133 feet to intersect the hereinafter described Line X; thence easterly along said Line X to the hereinafter described Point A; thence South, parallel with the west line of said Southwest Quarter to the south line of said North Half of said Southwest Quarter and said line there terminating.  Said Line X and Point A being described as follows:  commencing at the southwest corner of the Northwest Quarter of the Southwest Quarter of said Section 23; thence running North 4.37 chains; thence East, along a line referred to as Line X in the above description, a distance of 27.25 chains to a point referred to as Point A in the above description;

 

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


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(6) the Southeast Quarter of Section 23, Township 102, Range 12, Fillmore County, Minnesota, except the North Half of the Northeast Quarter of the Northeast Quarter of said Southeast Quarter.

 

Subd. 2.  [85.012] [Subd. 31.] Judge C. R. Magney State Park, Cook County.  The following areas are added to Judge C. R. Magney State Park, all in Cook County:  the Northwest Quarter of the Northwest Quarter, the Northeast Quarter of the Northwest Quarter, and the Northwest Quarter of the Northeast Quarter, all in Section 5, Township 62 North, Range 3 East.

 

Subd. 3.  [85.012] [Subd. 54.] Split Rock Lighthouse State Park, Lake County.  The following areas are added to Split Rock Lighthouse State Park, all in Lake County:  the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter, all in Section 32, Township 55 North, Range 8 West.

 

Subd. 4.  [85.012] [Subd. 55a.] Tettegouche State Park, Lake County.  The following areas are added to Tettegouche State Park:

 

(1) that part of Government Lot 2, Section 15, Township 56, Range 7, Lake County, Minnesota, described as follows:  commencing at the quarter corner between said Section 15 and Section 22, Township 56, Range 7; thence East, along the section line between said Sections 15 and 22, a distance of 503.0 feet; thence northeasterly, deflecting to the left 75 degrees 00 minutes a distance of 425.0 feet, to a point designated by a two-inch iron pipe, being the point of beginning; thence northwesterly, to a point on the west line of said Lot 2 distant approximately 970.0 feet North of said quarter corner between Sections 15 and 22; thence North along said west line to the northwest corner of said Lot 2; thence East, along the north line of said Lot 2, approximately 240.0 feet; thence in a southeasterly direction to a point on the east side of a point of rocks projecting into Lake Superior, being marked by an X; thence in a southwesterly direction, along the shore of said Lake Superior to the point of beginning.  (X mark on rock being in line making a deflection angle of 45 degrees 51 minutes to the left with the east-west section line from a point on the section line 503.0 feet East of the quarter corner between said Sections 15 and 22 and being approximately 830 feet from said point on said section line.); and

 

(2) the Northeast Quarter of the Southwest Quarter of Section 15, Township 56, Range 7, Lake County, Minnesota.

 

Sec. 9.  DELETIONS FROM STATE PARKS. 

 

Subdivision 1.  [85.012] [Subd. 1a.] Afton State Park, Washington County.  The following area is deleted from Afton State Park:  all that part of the Southwest Quarter of Section 3, Township 27, Range 20, Washington County, Minnesota, embraced within the recorded plat of ALPS ESTATES.

 

Subd. 2.  [85.012] [Subd. 14.] Crow Wing State Park, Crow Wing, Cass, and Morrison Counties.  The following areas are deleted from Crow Wing State Park:

 

(1) all that part of Government Lots 7 and 8, Section 24, Township 44, Range 32, Crow Wing County, Minnesota, embraced within the recorded plat of RED RIVER TRAIL; and

 

(2) all that part of Government Lot 7, Section 24, Township 44, Range 32, Crow Wing County, Minnesota, embraced within the recorded plat of LOGGER RUN.

 

Subd. 3.  [85.012] [Subd. 21.] Frontenac State Park, Goodhue County.  The following area is deleted from Frontenac State Park:  that part of the Southeast Quarter, Section 11, Township 112 North, Range 13 West, being described as BLOCK P, GARRARD'S SOUTH EXTENSION TO FRONTENAC according to the plat on file and of record in the Office of the Recorder for Goodhue County, Minnesota, including any portions of vacated roadway which have attached thereto.


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Subd. 4.  [85.012] [Subd. 26.] Hayes Lake State Park, Roseau County.  The following area is deleted from Hayes Lake State Park:  the West 45.00 feet of the North 160.7 feet of the South 263.58 feet of the Southwest Quarter of the Northeast Quarter of Section 32, Township 160, Range 38, Roseau County, Minnesota.

 

Subd. 5.  [85.012] [Subd. 40.] McCarthy Beach State Park, St. Louis and Itasca Counties.  The following area is deleted from McCarthy Beach State Park in Itasca County:  all that part of the Northeast Quarter of the Southeast Quarter, Section 1, Township 60 North, Range 22 West, embraced within the recorded plat of "TRUST," as depicted thereon.

 

Subd. 6.  [85.012] [Subd. 41.] Maplewood State Park, Otter Tail County.  The following areas are deleted from Maplewood State Park:

 

(1) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County, Minnesota, embraced within the recorded plat of South Lida Shores, according to the recorded plat thereof;

 

(2) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County, Minnesota, embraced within the recorded plat of Greens Isle View Addition, according to the recorded plat thereof;

 

(3) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County, Minnesota, described as follows:  beginning at a point located by running West 401 feet from the northeast corner of said Government Lot 4 in Section 9; thence South 47 degrees 10 minutes West 100 feet; thence South 52 degrees 19 minutes West along the lakeshore of Lake Lida a distance of 50 feet; thence South 42 degrees 50 minutes East 200 feet; thence North 52 degrees 19 minutes East 50 feet; thence North 42 degrees 50 minutes West 100 feet; thence North 47 degrees 10 minutes East 100 feet; thence North 42 degrees 50 minutes West, 100 feet to the point of beginning;

 

(4) that part of Government Lot 5, Section 9, Township 135, Range 42, Otter Tail County, Minnesota, described as follows:  commencing at the northeast corner of Government Lot 4 in said Section 9; thence on an assumed bearing of West, along the north line of said Government Lot 4, a distance of 130 feet, to intersect the shore of South Lida Lake, said point of intersection being the point of beginning of the tract of land to be described; thence return on a bearing of East, a distance of 130 feet, to said northeast corner of Government Lot 4; thence North 03 degrees 46 minutes 00 seconds West 224.40 feet, along the centerline of a township road; thence North 08 degrees 31 minutes 00 seconds East 346.60 feet along said centerline; thence North 81 degrees 14 minutes 00 seconds West 34.00 feet to the westerly line of said township road; thence North 08 degrees 31 minutes 00 seconds East along said westerly line 125.00 feet; thence North 36 degrees 09 minutes 00 seconds West 230.00 feet; thence South 71 degrees 21 minutes 00 seconds West 93.00 feet, more or less to the easterly shoreline of South Lida Lake; thence southeasterly along said shoreline to the point of beginning; and

 

(5) that part of Government Lot 2, Section 33, Township 136, Range 42, Otter Tail County, Minnesota, described as follows:  commencing at the East Quarter corner of said Section 33; thence on an assumed bearing of West, along the east-west quarter line of said Section 33, a distance of 3,994.0 feet; thence North 25 degrees East, a distance of 308.3 feet to the southwesterly right-of-way line of a public highway; thence North 40 degrees 00 minutes West, a distance of 169.0 feet, along said right-of-way; thence South 74 degrees 43 minutes West, a distance of 70.0 feet, more or less, to the shore of South Lida Lake; thence southwesterly, along said shoreline to the south line of said Government Lot 2; thence on a bearing of East, along the south line of said Government Lot 2, also being said east-west quarter line to the point of beginning.

 

Subd. 7.  [85.012] [Subd. 54.] Split Rock Lighthouse State Park, Lake County.  The following area is deleted from Split Rock Lighthouse State Park:  the Southeast Quarter of the Southeast Quarter, Section 31, Township 55 North, Range 8 West, Lake County.

 

Sec. 10.  ADDITIONS TO STATE FORESTS. 

 

[89.021] [Subd. 32.] Lyons State Forest.  The following area is added to the Lyons State Forest:  Section 16, Township 135 North, Range 32 West, Cass County.


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Sec. 11.  DEPOSIT OF PROCEEDS. 

 

Notwithstanding Minnesota Statutes, section 97A.055, subdivision 2, the proceeds resulting from the 2010 sale of a transportation road easement on the Lamprey Pass Wildlife Management Area to construct a road overpass on County Road 83 in Washington County shall be deposited in the land acquisition account established under Minnesota Statutes, section 94.165.

 

Sec. 12.  LAKE COUNTY LAND EXCHANGE. 

 

Notwithstanding Minnesota Statutes, section 85.012, subdivision 1, the commissioner of natural resources shall compensate Lake County or exchange state land of substantially equal value for any tax-forfeited land administered by Lake County encompassed by the boundary change effected under section 8, subdivision 3.

 

Sec. 13.  PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND; ANTICIPATED SAVINGS TO GENERAL FUND. 

 

Notwithstanding Minnesota Statutes, section 94.10, the commissioner of natural resources may sell surplus land at public or private sale for less than the estimated or appraised value of the land or for less than the minimum sale price prescribed in Minnesota Statutes, section 94.10, provided the land is being sold to meet the requirements of Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007, chapter 148, article 2, section 73, and Laws 2009, chapter 37, article 1, section 59.

 

EFFECTIVE DATE.  This section expires June 30, 2011.

 

Sec. 14.  PUBLIC SALE OF SURPLUS STATE LAND; AITKIN COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Aitkin County and is described as:  Government Lot 2 and the Southeast Quarter of the Southwest Quarter, all in Section 19, Township 47 North, Range 24 West, containing 84.25 acres, more or less.

 

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

 

Sec. 15.  PRIVATE SALE OF SURPLUS STATE LAND; ANOKA COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).

 

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

 

(c) The land that may be sold is located in Anoka County and is described as:  the East Half of the Southeast Quarter of Section 25, Township 32 North, Range 22 West, Anoka County, Minnesota, containing 80 acres, more or less.


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(d) The Department of Natural Resources has determined that the state's land management interests would best be served if the land was conveyed to a local unit of government.  A local unit of government would like to use this parcel as a wetland mitigation site.

 

Sec. 16.  PUBLIC SALE OF SURPLUS STATE LAND; BECKER COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Becker County and is described as:  Government Lot 3, Section 1, Township 139 North, Range 37 West, containing 37.75 acres, more or less.

 

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

 

Sec. 17.  PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; BELTRAMI COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell by public sale the surplus land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The conveyance must include a reservation of perpetual road easements described in paragraph (c) to the state for ingress and egress for constructing, repairing, maintaining, and operating an adjacent northern pike spawning and rearing area.

 

(c) The land that may be sold is located in Beltrami County and is described as:  All that part of the Southwest Quarter of the Southwest Quarter and Government Lot 1, Section 21, Township 146 North, Range 31 West, bounded by the water's edge of Cass Lake and the following described lines:  Commencing at the southwest corner of said section, thence North 00 degrees 07 minutes West, 691.2 feet on and along the west line of said section to the point of beginning; thence South 58 degrees 27 minutes East, 177.64 feet; thence South 65 degrees 00 minutes East, 162.35 feet; thence North 52 degrees 07 minutes East, 175.70 feet; thence North 86 degrees 05 minutes East, 232.35 feet; thence South 41 degrees 50 minutes East, 186.35 feet; thence South 25 degrees 59 minutes East, 122.0 feet; thence South 33 degrees 47 minutes West, 176.13 feet; thence South 26 degrees 31 minutes West, 157.26 feet; thence South 50 degrees 19 minutes East, 142.34 feet; thence North 88 degrees 05 minutes East, 66.15 feet to point "A"; thence North 67 degrees 06 minutes East, 442.0 feet; thence North 76 degrees 24 minutes East, 113.86 feet; thence North 80 degrees 48 minutes East, 88.96 feet to point "B"; thence South 17 degrees 17 minutes East, 138 feet, more or less, to the water's edge of Cass Lake and there terminating.  And from the point of beginning; thence North 00 degrees 07 minutes West, 630.92 feet on and along the west line of said Section 21; thence South 75 degrees 27 minutes East, 206.01 feet; thence South 35 degrees 36 minutes East, 210.68 feet; thence South 37 degrees 07 minutes East, 230.53 feet; thence South 51 degrees 18 minutes East, 124.95 feet; thence North 55 degrees 37 minutes East, 156.60 feet; thence South 48 degrees 10 minutes East, 120.58 feet; thence South 89 degrees 59 minutes East, 197.76 feet; thence South 68 degrees 28 minutes East, 195.0 feet; thence South 38 degrees 25 minutes East, 162.17 feet; thence South 56 degrees 38 minutes East, 410.58 feet; thence South 31 degrees 06 minutes West, 203.30 feet; thence South 80 degrees 48 minutes West, 14.84 feet; thence South 17 degrees 17 minutes East, 133 feet, more or less, to the water's edge of Cass Lake and there terminating.  Including all riparian rights to the contained 18.0 acres, more or less and subject to all existing easements.


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Subject to a perpetual road easement for ingress and egress over and across the following described land in Government Lot 1 of said section described as follows:  Beginning at point "B," said point being on the southerly boundary of the above described tract; thence North 80 degrees 48 minutes East, 20.2 feet; thence South 17 degrees 17 minutes East, 33.33 feet; thence South 80 degrees 48 minutes West, 20.2 feet; thence North 17 degrees 17 minutes West, 33.33 feet to point "B" and the point of beginning.

 

Except that part of Government Lot 1 of Section 21, Township 146 North, Range 31 West, described as follows:  Commencing at the southwest corner of said Section 21; thence North 00 degrees 07 minutes West, 1,322.12 feet along the west line of said Section 21; thence South 75 degrees 27 minutes East, 206.01 feet; thence South 35 degrees 36 minutes East, 210.68 feet; thence South 37 degrees 07 minutes East, 230.53 feet; thence South 51 degrees 18 minutes East, 124.95 feet; thence North 55 degrees 37 minutes East, 156.60 feet; thence South 48 degrees 10 minutes East, 120.58 feet; thence South 89 degrees 59 minutes East, 197.76 feet; thence South 68 degrees 28 minutes East, 195.0 feet; thence South 38 degrees 25 minutes East, 162.17 feet; thence South 56 degrees 38 minutes East, 383.52 feet, to the point of beginning; thence South 56 degrees 38 minutes East, 27.06 feet; thence South 31 degrees 06 minutes West, 203.30 feet; thence South 80 degrees 48 minutes West, 2.52 feet; thence North 15 degrees 31 minutes West, 46.80 feet; thence North 32 degrees 31 minutes East, 18.96 feet; thence North 59 degrees 39 minutes East, 58.56 feet; thence North 20 degrees 23 minutes East, 105.29 feet to the point of beginning; containing 0.1 acres.

 

Together with a perpetual road easement for ingress and egress over and across the Southwest Quarter of the Southwest Quarter of said section being a strip of land 33 feet wide, lying 16.5 feet on each side of the following described lines:  Commencing at the southwest corner of said Section 21; thence North 00 degrees 07 minutes West, 656.4 feet on and along the west line of said section to the point of beginning; thence South 42 degrees 51 minutes East, 52.16 feet; thence South 70 degrees 04 minutes East, 214.3 feet; thence South 37 degrees 58 minutes East, 219.4 feet; thence South 49 degrees 02 minutes East, 252.6 feet; thence South 45 degrees 15 minutes East, 152.5 feet; thence South 50 degrees 19 minutes East, 119.9 feet, to the south line of Section 21 and there terminating.

 

Together with a perpetual road easement for ingress and egress over and across the northwesterly 16.5 feet of the following described land in Government Lot 1 and the Southwest Quarter of the Southwest Quarter of said section described as follows:  Beginning at point "A," said point being on the southern boundary of the above described tract; thence North 67 degrees 06 minutes East, 442.0 feet; thence North 76 degrees 24 minutes East, 113.86 feet; thence North 80 degrees 48 minutes East, 88.96 feet; thence South 17 degrees 17 minutes East, 33.33 feet; thence South 80 degrees 48 minutes West, 92.38 feet; thence South 76 degrees 24 minutes West, 109.91 feet; thence South 67 degrees 06 minutes West, 353.28 feet; thence South 88 degrees 05 minutes West, 92.15 feet to point "A" and the point of beginning.

 

(d) The land borders Cass Lake.  The land was acquired for a northern pike spawning area but has not been used for such purpose for 30 years.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes.

 

Sec. 18.  PRIVATE SALE OF SURPLUS STATE LAND; CARLTON COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).

 

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

 

(c) The land that may be sold is located in Carlton County and is described as:  the Northeast Quarter of the Northwest Quarter of the Southeast Quarter, except state trunk highway right-of-way, Section 26, Township 49 North, Range 17 West, containing 9.324 acres, more or less.


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

 

Sec. 19.  PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARLTON COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Carlton County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Carlton County and is described as:

 

(1) part of Government Lot 1 commencing 42 rods 17 links East of the northwest corner of Section 6, Township 46, Range 18; thence South 82 rods 11 links; thence West to Bear Lake; thence West on the shoreline to the section line; thence North to the northwest corner; thence East to the beginning; except the highway right-of-way and except the part northwest of Highway 35, Docket 214412 and except commencing at the northwest corner of said Government Lot 1; thence South 0 degrees 5 minutes 51 seconds West on the west line thereof 1,176.49 feet to a point on the southeast right-of-way line of the Interstate Highway 35 frontage road; thence North 51 degrees 42 minutes 51 seconds East on said right-of-way line 209.76 feet; thence South 19 degrees 45 minutes East 120.0 feet to the point of beginning; thence North 19 degrees 45 minutes West 120.0 feet; thence North 51 degrees 42 minutes 51 seconds East 80.0 feet to the MNDOT right-of-way monument; thence South 71 degrees 36 minutes 52 seconds East 216.61 feet; thence South 3 degrees 30 minutes West 195 feet, more or less, to the shore of Bear Lake; thence westerly on said shore 215 feet, more or less, to a point which bears 2 degrees 55 minutes East from the point of beginning; thence North 2 degrees 55 minutes West 150 feet, more or less, to the point of beginning, on Docket 240622 and except commencing at the northwest corner of said Government Lot 1; thence East along the north line 704.22 feet; thence South parallel to the west line 1,360.26 feet to the actual point of beginning; thence North 739.16 feet, more or less, to the southeast right-of-way line of the I-35 frontage road; thence southwest along said right-of-way line 608.48 feet, more or less, to the MNDOT monument; thence South 71 degrees 36 minutes 52 seconds East 216.61 feet; thence South 3 degrees 30 minutes West 195 feet, more or less, to the shore of Bear Lake; thence East on said shore 285 feet, more or less, to a point which bears North 00 degrees West from the point of beginning; thence South 90 degrees East 15 feet, more or less, to the point of beginning, Docket 282721 (parcel identification number 39-010-0920); and

 

(2) that part of Government Lot 2 lying North of Moose Horn River, Docket 262968, 272524, and 272525, Section 11, Township 46, Range 19 (parcel identification number 39-030-1220).

 

(d) The county has determined that the county's land management interests would best be served if the land was sold to adjoining landowners.

 

Sec. 20.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARLTON COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Carlton County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.


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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.

 

(c) The land to be sold is located in Carlton County and is described as:

 

(1) the Northwest Quarter of the Southeast Quarter, Section 27, Township 48 North, Range 18 West (parcel number 33-010-6300);

 

(2) the Southwest Quarter of the Northeast Quarter, except that part East of the Kettle River, Section 26, Township 48 North, Range 20 West (parcel number 90-010-4630); and

 

(3) the Northwest Quarter of the Southeast Quarter or Government Lot 5, Section 12, Township 49 North, Range 19 West (parcel number 94-026-2020).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 21.  PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CASS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, and upon completion of exchange of the school trust land for acquired land, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The commissioner may sell the land to a school district for less than the value of the land as determined by the commissioner, but the conveyance must provide that the land described in paragraph (c) be used for an educational unit managed forest and reverts to the state if the school district fails to provide for or abandons the educational unit managed forest use of the land.

 

(c) The land that may be sold is located in Cass County and is described as:

 

(1) the Southwest Quarter of the Southwest Quarter of Section 27;

 

(2) the Southeast Quarter of the Southeast Quarter of Section 28;

 

(3) Government Lot 11 of Section 33; and

 

(4) Government Lot 14 of Section 34,

 

all in Township 141 North, Range 28 West, containing a total of 98.7 acres, more or less.

 

(d) The land borders Nellie Lake.  Independent School District No. 118, Longville, has inadvertently trespassed upon the land for the establishment of an educational unit managed forest under Minnesota Statutes, section 89.41.  The commissioner of natural resources has determined that the state's land management interests would best be served if the land was managed as an educational unit managed forest.  Since the land is currently school trust land, the commissioner of natural resources shall first exchange the school trust land for acquired land prior to sale.


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Sec. 22.  PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CASS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by public or private sale the surplus land bordering public water that is described in paragraph (c).  Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The commissioner may sell to a local unit of government for less than the value of the land, as determined by the commissioner, but the conveyance must provide that the land be used for the public and reverts to the state if the local unit of government fails to provide for public use or abandons the public use of the land.

 

(c) The land that may be sold is located in Cass County and is described as:  Lot 7, Block 1, Dell's Sleepy Hollow, Cass County, Minnesota, according to the recorded plat thereof, containing 0.54 acres, more or less.

 

(d) The land borders Woman Lake.  The Department of Natural Resources has determined that the state's land management interests would best be served if the land was conveyed to a local unit of government.

 

Sec. 23.  PUBLIC SALE OF SURPLUS STATE LAND; COOK COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Cook County and is described as:  the South Half of the Northwest Quarter, Section 32, Township 62 North, Range 1 East, containing 80 acres, more or less.

 

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

 

Sec. 24.  PUBLIC SALE OF SURPLUS STATE LAND; DOUGLAS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Douglas County and is described as:  the southerly 499.7 feet of the easterly 466.7 feet of the following described tract:

 

Southwest Quarter of the Southeast Quarter of Section 6, Township 127 North, Range 37 West, excepting therefrom the right-of-way of the public road running on the south line of said tract, containing 5.00 acres, more or less.

 

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


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Sec. 25.  PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; GOODHUE COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c).  Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The conveyance must include the easement specified in paragraph (c).  The purpose of the easement is to:

 

(1) provide for the development of fish habitat, including tree planting, erosion control, installation of instream structures, posting of signs, and other improvements;

 

(2) permit angling by the public; and

 

(3) provide ingress and egress through the property sold to the easement area.

 

(c) The land that may be sold is located in Goodhue County and is described as:  that part of the Southwest Quarter of the Northeast Quarter and that part of the Northwest Quarter of the Southeast Quarter of Section 7, Township 112, Range 15, Goodhue County, Minnesota, which lie westerly of the centerline of County State-Aid Highway No. 6, containing 2.6 acres, more or less.

 

Reserving an easement over, under, and across that part of the above described property located within a strip of land 132 feet in width, and centered on the centerline of Spring Creek, as the same meanders through said Southwest Quarter of the Northeast Quarter and said Northwest Quarter of the Southeast Quarter.

 

(d) The land borders Spring Creek.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes provided that an easement right is retained.  The land is separated from the wildlife management area by a county road and has been subject to inadvertent trespass by the adjacent landowner.

 

Sec. 26.  PUBLIC SALE OF SURPLUS STATE LAND; GRANT COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Grant County and is described as:  that part of the East 690 feet of the West 870 feet of the Southwest Quarter of the Northeast Quarter of Section 13, Township 127 North, Range 41 West, which lies southwesterly of a line run parallel to and distant 225 feet southwesterly of the Soo Line Railroad Company (formerly Minneapolis, St. Paul, and Sault Ste Marie Railway Company) main track centerline as the same is now located and established over and across said Section 13, containing 4.00 acres, more or less.

 

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


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Sec. 27.  PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).  Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The commissioner may sell to a local unit of government for less than the value of the land, as determined by the commissioner, but the conveyance must provide that the land be used for the public and reverts to the state if the local unit of government fails to provide for public use or abandons the public use of the land.

 

(c) The land that may be sold is located in Hennepin County and is described as:  Outlot A, Block 1, Schendel Woods, Hennepin County, Minnesota, according to the recorded plat thereof, containing 13.92 acres, more or less.

 

(d) The Department of Natural Resources has determined that the state's land management interests would best be served if the land was conveyed to a local unit of government.  A local unit of government would like to use this parcel for a storm water runoff project.

 

Sec. 28.  PUBLIC SALE OF SURPLUS STATE LAND; HUBBARD COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Hubbard County and is described as:  that part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 143 North, Range 35 West, Minnesota lying easterly of MN Highway No. 200, containing 30 acres, more or less.

 

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

 

Sec. 29.  CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATERS; ITASCA COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may convey to the city of Cohasset for consideration as determined by Itasca County the land described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state if the city of Cohasset fails to provide for the public use described in paragraph (d) or abandons the public use of the land.  As a condition of conveyance, the city of Cohasset must provide to Itasca County a survey of the property, at no cost to Itasca County.  The conveyance is subject to easements, restrictions, and reservations of record.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.


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(c) The land to be conveyed is located in Itasca County and is described as:  that part of Government Lot 7, Section 23, Township 55 North, Range 26 West, described as follows:

 

Commencing at the southwest corner of the Northwest Quarter of the Southwest Quarter, Section 23, Township 55 North, Range 26 West; thence South 88 degrees 02 minutes 11 seconds East, along the south line of said Northwest Quarter of Southwest Quarter and the south line of Government Lot 7 according to the plat of HILLCREST PARK, 1,351.90 feet to the centerline of the Tioga Beach Road and the point of beginning; thence northerly along the centerline of the Tioga Beach Road 123.51 feet along a nontangential curve concave to the East, said curve having a central angle of 12 degrees 08 minutes 28 seconds, radius of 582.87 feet, a chord bearing of North 07 degrees 35 minutes 37 seconds West, chord distance 123.28 feet; thence North 01 degrees 31 minutes 24 seconds West, along the centerline of the Tioga Beach Road 167.83 feet; thence northerly along the centerline of the Tioga Beach Road 139.95 feet along a tangential curve concave to the West, said curve having a central angle of 11 degrees 26 minutes 28 seconds, radius of 700.85 feet; thence North 12 degrees 57 minutes 52 seconds West, along the centerline of the Tioga Beach Road 174.21 feet; thence northerly along the centerline of the Tioga Beach Road 70.93 feet, more or less, along a tangential curve concave to the East, said curve having a central angle of 08 degrees 46 minutes 30 seconds, radius of 463.14 feet to intersect the north line of the South 665.00 feet of Government Lot 7; thence South 88 degrees 02 minutes 11 seconds East along the north line of the South 665.00 feet of said Government Lot 7, a distance of 512.74 feet; thence South 65 degrees 39 minutes 08 seconds East, 184 feet, more or less, to the waters edge of Pokegama Lake; thence southwesterly along the waters edge of Pokegama Lake to intersect the south line of said Government Lot 7; thence North 88 degrees 02 minutes 11 seconds West, along the south line of Government Lot 7, 220 feet, more or less, to the point of the beginning and there terminating.  Parcel contains approximately 690 front feet of shoreland on Pokegama Lake and 6.8 acres.

 

(d) The county has determined that the county's land management interests would be best served if the lands are managed for a public beach and other public recreational purposes by the city of Cohasset.

 

Sec. 30.  PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; MAHNOMEN COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Mahnomen County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.  The conveyance must include a deed restriction that prohibits buildings, structures, tree cutting, removal of vegetation, and shoreland alterations within an area 75 feet from the ordinary high water level.  A 15-foot strip for lake access and a dock is allowed.

 

(c) The land to be sold is located in Mahnomen County and is described as:

 

Beginning at the northeast corner of Lot 1; thence 28 rods West to the point of beginning; thence West 7 rods; thence South to the shoreline of North Twin Lake 9 rods, more or less; thence southeast on the shoreline to a point South of the point of beginning; thence North 16 rods, more or less, to the point of beginning, all in Section 29, Township 144 North, Range 39 West (parcel number R16 029 0200).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.


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Sec. 31.  PUBLIC SALE OF SURPLUS STATE LAND; MARTIN COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Martin County and is described as:  all of Tract A described below:

 

Tract A:

 

That part of Government Lot 3 and the Northeast Quarter of the Southwest Quarter, both in Section 32, Township 103 North, Range 30 West, described as follows:  Beginning at the point of intersection of a line run parallel with and distant 100 feet northerly of Line 1 described below with a line run parallel with and distant 50 feet southeasterly of Line 3, described below; thence run easterly on said 100 foot parallel line to its intersection with a line run parallel with and distant 100 feet westerly of Line 2 described below; thence run northerly of the last described 100 foot parallel line to a point thereon, distant 100 feet southerly of its intersection with a line run parallel with and distant 50 feet southerly of said Line 3; thence run northwesterly to a point on said 50 foot parallel line distant 100 feet westerly of the last described intersection (when measured along said 50 foot parallel line), said point being hereinafter referred to as "Point B"; thence run southwesterly on said 50 foot parallel line to the point of beginning.

 

Line 1:

 

Beginning at a point on the east line of said Section 32, distant 516.9 feet South of the east quarter corner thereof; thence run westerly at an angle of 89 degrees 20 minutes 15 seconds from said east section line (measured from North to West) for 5,337.2 feet and there terminating.

 

Line 2:

 

Beginning at a point of Line 1, described above, distant 1,545 feet easterly of its point of termination; thence run northerly at right angles to said Line 1 for 590 feet and there terminating.

 

Line 3:

 

Beginning at the point of termination of Line 2 described above; thence run westerly at right angles to said Line 2 for 134.26 feet; thence deflect to the left on a 07 degree 00 minute 00 second curve (delta angle 35 degrees 00 minutes 00 seconds) for 500 feet; thence on a tangent to said curve for 280.6 feet; thence deflect to the right on a 07 degree 00 minute 00 second curve (delta angle 35 degrees 00 minutes 00 seconds) for 500 feet and there terminating.

 

Containing 5.75 acres, more or less.  Subject to the following restriction:

 

No access shall be permitted to Trunk Highway 391 renumbered 90 or to County Road No. 59 from the lands herein conveyed; except that access shall be permitted along a line run parallel with and distant 50 feet southeasterly of Line 3 described above, between the point of beginning of Tract A hereinbefore described and "Point B" hereinbefore described.

 

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


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Sec. 32.  PRIVATE SALE OF SURPLUS STATE LAND; MARTIN COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).  Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Martin County and is described as:  the North 700 feet of a strip of land 100 feet in width extending over and across the West Half of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 25, Township 101 North, Range 32 West, Martin County, Minnesota.  The centerline of said strip being the centerline of the main track (now removed) of the Minnesota and Iowa Railway Company, as said centerline was originally located and established over and across said Section 25.  This parcel contains 1.6 acres, more or less.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to the adjacent landowner to improve access to the landowner's property.

 

Sec. 33.  EXCHANGE OF STATE LAND WITHIN LAKE MARIA WILDLIFE MANAGEMENT AREA; MURRAY COUNTY. 

 

(a) The commissioner of natural resources may, with the approval of the Land Exchange Board as required under the Minnesota Constitution, article XI, section 10, and according to the provisions of Minnesota Statutes, sections 94.343 to 94.347, exchange the land described in paragraph (b).

 

(b) The land that may be exchanged is located in Murray County and is described as:

 

(1) the North 866 feet of the South 1555 feet of the Southwest Quarter of Section 7, Township 108, Range 41, lying West of the East 450 feet thereof;

 

(2) the South 689 feet of the Southwest Quarter of Section 7, Township 108, Range 41; and

 

(3) that part of the Northeast Quarter of Section 18, Township 108, Range 41, described as follows:  Commencing at the northwest corner of said Section 7, Township 108, Range 41; thence running easterly along the north line of said Section 7 a distance of 2,769.50 feet to the intersection with the centerline of the township road; thence southerly along the centerline of said township road a distance of 2,653.75 feet; thence deflecting 00 degrees 31 minutes right and continuing along the centerline of said township road a distance of 2,051.75 feet; thence easterly and parallel to the south line of the Southwest Quarter of the Southeast Quarter of said Section 7, a distance of 464 feet; thence South and parallel to the west line of the Northeast Quarter of said Section 18, a distance of 3,198.00 feet, to the south line of the Northeast Quarter of said Section 18, and the point of beginning of the land to be described; thence return northerly, along the last described course, a distance of 2,635 feet to the north line of said Northeast Quarter; thence southwesterly, a distance of 999 feet, to a point on the west line of said Northeast Quarter, distant 421.5 feet South of the northwest corner of said Northeast Quarter, thence South along said west line, to the southwest corner of said Northeast Quarter; thence East, along the south line of said Northeast Quarter, a distance of 910 feet to the point of beginning.

 

(c) The land was acquired in part with bonding appropriations.  The exchange with the adjacent landowner will provide additional wildlife acres and additional water frontage to the state.


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Sec. 34.  CONVEYANCE OF SURPLUS STATE LAND; ACQUISITION; NICOLLET COUNTY. 

 

Subdivision 1.  Conveyance of surplus land.  (a) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, the commissioner of administration may upon recommendation of the commissioner of human services, convey to the city of St. Peter for no consideration the surplus land or any state interest in land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.  The commissioner of administration may grant utility easements for no consideration in conjunction with the conveyances under this section.

 

(c) The land to be sold is located in Nicollet County and is described as:

 

(1) all that part of the following described parcel lying westerly of the westerly right-of-way of Freeman Drive, formerly the Saint Peter and Belgrade Road.

 

Said parcel described as follows:

 

That part of Government Lot 6 in Section 29, Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota, described as:

 

Commencing at the northeast corner of said Section 29; thence South 00 degrees 29 minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the point of beginning; thence South 64 degrees 37 minutes 16 seconds East, a distance of 178.6 feet, more or less, to the centerline of Freeman Drive, formerly the Saint Peter and Belgrade Road; thence northeasterly, on said centerline, a distance of 98.3 feet, more or less, to the north line of said Government Lot 6; thence South 89 degrees 30 minutes 18 seconds West, on said north line; a distance of 220.5 feet, more or less, to the point of beginning;

 

(2) all that part of the following described parcel lying easterly of the westerly right-of-way of Freeman Drive, formerly the Saint Peter and Belgrade Road.

 

Said parcel described as follows:

 

That part of Government Lot 6 in Section 29, Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota, described as:

 

Commencing at the northeast corner of said Section 29; thence South 00 degrees 29 minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the point of beginning; thence South 64 degrees 37 minutes 16 seconds East, a distance of 178.6 feet, more or less, to the centerline of Freeman Drive, formerly the Saint Peter and Belgrade Road; thence northeasterly, on said centerline, a distance of 98.3 feet, more or less, to the north line of said Government Lot 6; thence South 89 degrees 30 minutes 18 seconds West, on said north line; a distance of 220.5 feet, more or less, to the point of beginning; and

 

(3) that part of the East 25.00 of a 150.00 foot wide railroad right-of-way acquired in Book R page 338, in the Northeast Quarter of the Northeast Quarter of Section 29, Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota, lying South of the southerly right-of-way line of Minnesota Trunk Highway No. 99, per MN/DOT Right-of-Way Map 31-68 and North of the following described line:


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Commencing at the northeast corner of said Section 29; thence South 00 degrees 29 minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet; thence North 64 degrees 37 minutes 16 seconds West, a distance of 86.15 feet; thence northwesterly 127.21 feet on a tangential curve to the right, having a radius of 280.00 feet and a central angle of 26 degrees 01 minutes 59 seconds to the point of beginning of the line to be described; thence continuing northwesterly 31.24 feet on said tangential curve to the right, having a radius of 280.00 feet and a central angle of 06 degrees 23 minutes 34 seconds and there terminating.

 

(d) The commissioner has determined that the land is no longer needed for any state purpose and that the state's land management interests would best be served if the land was conveyed to and used by the city of St. Peter.

 

Subd. 2.  Acquisition authority.  (a) Notwithstanding any law to the contrary, the commissioner of administration, upon recommendation of the commissioner of human services, may acquire from the city of St. Peter, without monetary consideration, land located in Nicollet County, described as follows:

 

(1) that part of the Northeast Quarter of the Northeast Quarter of Section 29, Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota:

 

Lying East of the east line of the 150.007 foot wide railroad right-of-way acquired in Book R page 338, in said Northeast Quarter of the Northeast Quarter of Section 29;

 

AND

 

Lying South of the following described line:

 

Commencing at the northeast corner of said Section 29; thence South 00 degrees 29 minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the point of beginning; thence North 64 degrees 37 minutes 16 seconds West, a distance of 86.15 feet; thence northwesterly 127.21 feet on a tangential curve to the right, having a radius of 280.00 feet and a central angle of 26 degrees 01 minutes 51 seconds to the point of termination.  Said point of termination being on the east line of the previously referenced railroad right-of-way and there terminating; and

 

(2) that part of Government Lot 6 in Section 29, Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota described as:

 

Commencing at the northeast corner of said Section 29; thence South 00 degrees 29 minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet; thence South 64 degrees 37 minutes 16 seconds East, a distance of 179 feet, more or less, to the centerline of Freeman Drive, formerly the Saint Peter and Belgrade Road, and the point of beginning; thence continuing South 64 degrees 37 minutes 16 seconds East, a distance of 25.8 feet, more or less, to the existing right-of-way of U.S. Highway No. 169, per Map 14-80; thence southwesterly along said right-of-way a distance of 91.7 feet, more or less, to the northerly line of a parcel recorded as Document No. 274882, Nicollet County records; thence northwesterly along the northerly line of said parcel a distance of 27.5 feet, more or less, to the centerline of said Freeman Drive; thence northeasterly along said centerline a distance of 93.2 feet, more or less, to the point of beginning.


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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 legal descriptions to correct errors and ensure accuracy.

 

Sec. 35.  PUBLIC SALE OF SURPLUS STATE LAND; NOBLES COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Nobles County and is described as:

 

(1) the North 500 feet of the West 450 feet of the East 1,650 feet of the North Half of the Northeast Quarter of Section 32, Township 102 North, Range 43 West, subject to the public road running on the north line of said North Half of the Northeast Quarter.  Containing 4.83 acres, more or less; and

 

(2) the westerly 500 feet of the southerly 468.6 feet of the Southeast Quarter of the Southeast Quarter of Section 17, Township 101 North, Range 43 West, subject to the public road running on the south line of said Southeast Quarter of the Southeast Quarter, containing 5.00 acres, more or less.

 

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

 

Sec. 36.  CONVEYANCE OF SURPLUS STATE LAND; OLMSTED COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of natural resources shall convey to the city of Oronoco for no consideration the surplus land that is described in paragraph (c).

 

(b) The conveyance shall occur upon the operation of the reversion clause contained in the deed for the land described in paragraph (c) in accordance with Minnesota Statutes 1965, section 85.188, and after the passage of resolutions by the Olmsted County Board and the Oronoco City Council, each acknowledging that the requirements set forth in the Agreement for Transfer of Oronoco Park in the City of Oronoco to the City of Oronoco by Olmsted County have been sufficiently met to proceed with the conveyance.  The conveyance must be in a form approved by the attorney general, the Olmsted County Board, and the Oronoco City Council.  The conveyance must provide that the land reverts to the state if the city of Oronoco fails to maintain and operate the land as a public park.  The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be conveyed is located in Olmsted County and is described as:

 

(1) the East Half of the West Half of the Southeast Quarter of the Southeast Quarter, Section 7, Township 108 North, Range 14 West, subject to flowage rights in favor of Olmsted County; and

 

(2) the East Half of the Southeast Quarter of the Southeast Quarter, Section 7, Township 108 North, Range 14 West.

 

(d) The land is currently owned by Olmsted County and used as a public park, having been conveyed by the state according to Laws 1965, chapter 810, section 9.  The 1965 law and the corresponding conveyance document require reversion to the state if the county stops operating the land as a public park.  Olmsted County no longer wishes to operate the public park, but the city of Oronoco has agreed to pay consideration to Olmsted County to continue the park operation.  The commissioner has determined that the state's land management interests would best be served if, upon the land's reversion to the state, the land was conveyed to and used by the city of Oronoco as a public park.


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Sec. 37.  PRIVATE SALE OF TAX-FORFEITED LAND; PINE COUNTY. 

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Pine County may sell by private sale the tax-forfeited land described in paragraph (c).

 

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

 

(c) The land to be sold is located in Pine County and is described as:  the East 132 feet of the Northeast Quarter of the Southeast Quarter of Section 11, Township 42 North, Range 17 West, Wilma Township, Pine County, Minnesota, subject to a public road easement over, under, and across the West 66 feet thereof, and the East 132 feet of the Southeast Quarter of the Northeast Quarter of Section 11, Township 42 North, Range 17 West, Wilma Township, Pine County, Minnesota, subject to a public road easement over, under, and across the West 66 feet thereof.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.  The county will be able to access adjacent tax-forfeited property by the public road easement.

 

Sec. 38.  PUBLIC SALE OF SURPLUS STATE LAND; PIPESTONE COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Pipestone County and is described as:  that part of the South Half of the Northwest Quarter of Section 27, Township 107 North, Range 45 West, described as follows:

 

From the intersection of the east and west quarter line of said Section 27 with the southeasterly right-of-way line of Trunk Highway 39 as same is now located and established over and across said tract; run East along said east and west quarter line for a distance of 1,037 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 540 feet to the point of beginning; thence deflect to the right at an angle of 90 degrees 00 minutes for a distance of 125 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 249 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 350 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 249 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 225 feet to the point of beginning;

 

Together with all that part of the following described tract:

 

That part of the Southwest Quarter of the Northwest Quarter of Section 27, Township 107 North, Range 45 West, described as follows:  Beginning at the intersection of the east and west quarter line of said Section 27 with the southeasterly right-of-way line of Trunk Highway 39, as same is now located and established over and across said tract; thence run East along said east and west quarter line for a distance of 1,037 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 540 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 577 feet to the southeasterly right-of-way line of said Trunk Highway 39; thence run southeasterly along said right-of-way line to the point of beginning.

 

Which lies southeasterly of a line run parallel with and distant 100 feet southeasterly of the following described line:


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Beginning at a point on the west line of Section 33, Township 107 North, Range 45 West, distant 1,623.8 feet North of the southwest corner thereof; thence run northeasterly at an angle of 39 degrees 49 minutes with said section line for 2,631.4 feet; thence deflect to the right on a 0 degree 30 minute curve (delta angle 4 degrees 52 minutes) for 973.3 feet; thence on a tangent to said curve for 27.9 feet; thence deflect to the left on a 0 degree 30 minute curve (delta angle 4 degrees 52 minutes) for 973.3 feet; thence on a tangent to said curve for 6,129.0 feet and there terminating.

 

Containing 11.36 acres, more or less.

 

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

 

Sec. 39.  PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; ROSEAU COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell by public sale the surplus land bordering public water that is described in paragraph (c).

 

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

 

(c) The land that may be sold is located in Roseau County and is described as:  Government Lot 9, Section 30, Township 163 North, Range 36 West, containing 0.15 acres, more or less.

 

(d) The land borders the Warroad River and is not contiguous to other state lands.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes.

 

Sec. 40.  PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; ROSEAU COUNTY. 

 

(a) Notwithstanding the classification and public sale provisions of Minnesota Statutes, chapters 84A and 282, Roseau County may sell by public or private sale the consolidated conservation lands that are described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The consideration for the conveyance must be for no less than the appraised value of the land and timber and survey costs.  Proceeds shall be disposed of according to Minnesota Statutes, chapter 84A.

 

(c) The land that may be sold is located in Roseau County and is described as:

 

(1) that part of Government Lot 1, Section 4, Township 162 North, Range 36 West, lying southwesterly of the southwesterly right-of-way of the Canadian National Railway.  Subject to the right-of-way of State Highway 11.  Contains 0.75 acres, more or less; and

 

(2) the South Half of the South Half of the Southeast Quarter of the Northwest Quarter, Section 34, Township 159 North, Range 39 West, containing 10 acres, more or less.

 

(d) The lands are not contiguous to other state lands.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes.


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Sec. 41.  PRIVATE SALE OF TAX-FORFEITED LAND; ROSEAU COUNTY. 

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Roseau County may sell by private sale the tax-forfeited land described in paragraph (c).

 

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

 

(c) The land to be sold is located in Roseau County and is described as:  the Northwest Quarter of the Northeast Quarter and the Southeast Quarter of the Southeast Quarter, Section 20, Township 163, Range 36.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 42.  PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. 

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) Lot 90, Block 75, Duluth Proper Third Division, except the West six feet of the South 50 feet of the West Half, Section 28, Township 50 North, Range 14 West;

 

(2) the northerly 100 feet of the Southwest Quarter of the Southwest Quarter, except the westerly 233 feet, and except the easterly 1,037 feet, Section 14, Township 51 North, Range 13 West;

 

(3) the South 150 feet of the Northeast Quarter of the Southeast Quarter, Section 5, Township 55 North, Range 18 West;

 

(4) the West 33 feet of the North 208 feet of the South 1,040 feet of the Northwest Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;

 

(5) the North 45.27 feet of the South 1,085.27 feet of the West 449 feet of the Northwest Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;

 

(6) the West 33 feet of the North 208 feet of the South 832 feet of the Northwest Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;

 

(7) the West 33 feet of the North 208 feet of the South 624 feet of the Northwest Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;

 

(8) the West 33 feet of the South 416 feet of the Northwest Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West; and

 

(9) part of the South Half of the Southwest Quarter, Section 20, Township 58 North, Range 15 West.


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(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 43.  PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) Lot 4, Block 4, Greenwood Beach, town of Duluth, Section 19, Township 51 North, Range 12 West;

 

(2) beginning at the southwest corner of Lot 4, running thence East 450 feet; thence North 200 feet; thence West 450 feet; thence South along the section line 200 feet to the point of beginning, except the northerly 40 feet, Section 7, Township 54 North, Range 19 West;

 

(3) the South 560 feet of the East 300 feet of the Northeast Quarter of the Southeast Quarter, except the highway right-of-way and except the North 315 feet, Section 22, Township 61 North, Range 20 West;

 

(4) an undivided 1/24 interest in the Southeast Quarter of the Northwest Quarter, Section 8, Township 50 North, Range 18 West;

 

(5) an undivided 2/15 interest in the Southwest Quarter of the Northwest Quarter, Section 20, Township 50 North, Range 18 West;

 

(6) an undivided 1/3 interest in the Southwest Quarter of the Southeast Quarter, Section 21, Township 50 North, Range 18 West;

 

(7) an undivided 1/45 interest in the Northeast Quarter of the Southeast Quarter, Section 29, Township 50 North, Range 18 West;

 

(8) an undivided 1/12 interest in the Northeast Quarter of the Northwest Quarter, Section 25, Township 50 North, Range 19 West;

 

(9) an undivided 1/12 interest in the Southeast Quarter of the Northwest Quarter, Section 25, Township 50 North, Range 19 West;

 

(10) an undivided 1369/68040 interest in Lot 8, except the railway right-of-way, Section 28, Township 51 North, Range 18 West; and

 

(11) that part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 63 North, Range 18 West, St. Louis County, Minnesota, described as follows:

 

Assuming the northeast line of Lot 9 in the plat of MANNIKKO (PINE RIDGE) to bear North 54 degrees 11 minutes 00 seconds West, and COMMENCING from the most northerly corner of said Lot 9 run North 28 degrees 12 minutes 30 seconds East, a distance of 107.39 feet; thence South 28 degrees 12 minutes 30 seconds West, a distance of 28.19 feet; thence South 86 degrees 24 minutes 10 seconds West, a distance of 82.17 feet; thence South


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77 degrees 07 minutes 31 seconds West, a distance of 77.70 feet; thence South 82 degrees 40 minutes 33 seconds West, a distance of 83.09 feet; thence South 71 degrees 26 minutes 45 seconds West, a distance of 190.55 feet; thence North 70 degrees 55 minutes 26 seconds West, a distance of 76.14 feet to a point on a nontangential curve, the center of which bears North 35 degrees 10 minutes 49 seconds West, being also a point on the east right-of-way of "Phillips Road" as it exists in January of 1995; thence northerly along said east right-of-way, on said nontangential curve, concave to the West, central angle of 88 degrees 57 minutes 37 seconds, radius of 90.00 feet, a distance of 139.74 feet; thence North 34 degrees 08 minutes 26 seconds west, along said east right-of-way, a distance of 105.00 feet to a tangential curve; thence northerly along said east right-of-way on said tangential curve, concave to the East, central angle 69 degrees 38 minutes 31 seconds, radius 68.00 feet, a distance of 82.65 feet to a point of reverse curve; thence northerly along said east right-of-way, on said reverse curve, concave to the West, central angle of 18 degrees, more or less, radius of 116.25 feet, a distance of 36.5 feet, more or less, to the south line of said Southeast Quarter of the Northeast Quarter and the POINT OF BEGINNING of the land being described; thence northerly, continuing along said curve, a distance of 96.2 feet; thence North 29 degrees 54 minutes 20 seconds West, tangent to said curve and along said east right-of-way, a distance of 16.32 feet; thence South 89 degrees 42 minutes 44 seconds East, a distance of 943.3 feet, more or less, to the east line of said Southeast Quarter of the Northeast Quarter; thence southerly, along said east line, a distance of 30 feet, more or less, to the shore of Lake Vermilion; thence southerly, along said shore, a distance of 100 feet, more or less, to the south line of said Southeast Quarter of the Northeast Quarter; thence westerly, along said south line, a distance of 880 feet, more or less, to the POINT OF BEGINNING.  Containing 2.5 acres, more or less.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 44.  PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.  Prior to the sales, the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37.  The easements shall be up to 200 feet in width, lying 100 feet, to the extent possible given the location of property lines, on each side of the centerline of the designated trout stream to provide riparian protection and angler access.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) Lot 22, Block 1, Wonderland 1st Addition, town of Duluth, except the highway right-of-way and including part of the adjacent vacated road, Section 17, Township 51 North, Range 12 West; and

 

(2) that part of the southerly 135 feet of the northerly 543 feet of the Northwest Quarter of the Southwest Quarter lying East of the westerly 968 feet and West of the Sucker River, Section 30, Township 52 North, Range 12 West.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 45.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.


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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.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) the East Half of the Northwest Quarter of the Northeast Quarter of the Northwest Quarter, Section 25, Township 51 North, Range 14 West, subject to an existing easement;

 

(2) the North 407 feet of that part of Lot 4 lying South of the east and west centerline of Section 20, Section 20, Township 51 North, Range 16 West;

 

(3) Lots 1, 2, and 3, Childs Birch Grove Tracts, Grand Lake, Section 20, Township 51 North, Range 16 West;

 

(4) Lots 28 and 29, Briar Lake Shores 3rd Addition, North Star, Section 15, Township 53 North, Range 13 West; and

 

(5) the East Half of the Southeast Quarter of the Northwest Quarter, Section 26, Township 60 North, Range 17 West.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 46.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.  Prior to the sales, the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37.  The easements shall be up to 200 feet in width, lying 100 feet, to the extent possible given the location of property lines, on each side of the centerline of the designated trout stream to provide riparian protection and angler access.  For the parcels described in paragraph (c), clauses (6) and (7), a 33-foot strip across the easement shall be allowed for road access and utilities.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) the Southwest Quarter of the Southeast Quarter, except 4.56 acres for a road and except that part lying South and West of Highway 2, Section 8, Township 50 North, Range 16 West;

 

(2) the East Half of the Northeast Quarter of the Northwest Quarter, except the railway right-of-way and except the highway right-of-way, Section 17, Township 51 North, Range 12 West;

 

(3) the West Half of the Northwest Quarter of the Northeast Quarter of the Northwest Quarter, Section 25, Township 51 North, Range 14 West;

 

(4) the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter, Section 25, Township 51 North, Range 14 West;

 

(5) the West five acres of the South 15 acres of the North 30 acres of the Northeast Quarter of the Southeast Quarter, Section 27, Township 51 North, Range 14 West;


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(6) the East Half of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter, Section 27, Township 51 North, Range 14 West; and

 

(7) the East Half of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter, except the West 25 feet, Section 27, Township 51 North, Range 14 West.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 47.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.  Prior to the sales, the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37.  The easements shall be 150 feet in width, lying 75 feet on each side of the centerline of the stream to provide riparian protection and angler access.  For the parcel described in paragraph (c), clause (4), a 33-foot strip across the easement shall be allowed for road access and utilities.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) the Northwest Quarter of the Southeast Quarter, except the North Half, Section 15, Township 50 North, Range 15 West;

 

(2) the Southeast Quarter of the Northeast Quarter, Section 19, Township 53 North, Range 20 West;

 

(3) the westerly 330 feet of the South Half of the Northwest Quarter of the Southwest Quarter, Section 11, Township 56 North, Range 20 West; and

 

(4) the Southwest Quarter of the Southwest Quarter, except the South Half of the Southwest Quarter of the Southwest Quarter and except the North ten acres, Section 34, Township 50 North, Range 15 West.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 48.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.  Prior to the sales, the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37.  For the parcel described in paragraph (c), clause (1), the easement must be 100 feet in width from the centerline of the designated trout stream to provide riparian protection and angler access.  For the parcel described in paragraph (c), clause (2), the easement must be 200 feet in width from the centerline of the stream to provide riparian protection and angler access.  


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12731


 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) Lots 511 through 515, Homecroft Park, town of Rice Lake, Section 34, Township 51 North, Range 14 West; and

 

(2) that part of the Lot 2 lying East of a line parallel with and 150 feet East of the centerline of the Duluth, Missabe and Iron Range Railway, Section 17, Township 51 North, Range 17 West.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 49.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.  The conveyance must include a deed restriction that prohibits buildings, structures, tree cutting, removal of vegetation, and shoreland alterations within an area 100 feet in width, lying 50 feet on each side of the centerline of streams that are tributaries to the Sand River.

 

(c) The land to be sold is located in St. Louis County and is described as:  the North 416 feet of the East 416 feet of the Southwest Quarter of the Southwest Quarter, Section 10, Township 59 North, Range 17 West.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 50.  PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. 

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land described in paragraph (c).

 

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

 

(c) The land to be sold is located in St. Louis County and is adjacent to a parcel described as:  that part of the Northeast Quarter of the Southwest Quarter beginning on the east line at the southerly road right-of-way; thence southerly along the east line 760.07 feet; thence South 89 degrees 3 minutes 23 seconds West 290 feet; thence North 1 degree 12 minutes 54 seconds East 764.79 feet; thence East along the southerly road right-of-way 290 feet to the point of beginning, Section 20, Township 58 North, Range 15 West.  St. Louis County shall sell an adjoining amount of land, determined by the county to rectify an inadvertent trespass.  The sale will ensure that the buildings causing the inadvertent trespass will meet all setback requirements.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 51.  PUBLIC SALE OF SURPLUS STATE LAND; WADENA COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12732


 

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

 

(c) The land that may be sold is located in Wadena County and is described as:  the Southwest Quarter of the Southeast Quarter of Section 28, Township 138 North, Range 33 West, containing 40 acres, more or less.

 

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

 

Sec. 52.  PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).

 

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

 

(c) The land that may be sold is located in Washington County and is described as:

 

(1) that part of the Northwest Quarter of the Northwest Quarter of Section 19, Township 32, Range 21, lying South of the centerline of Highway 97; and

 

(2) that part of the Southwest Quarter of Section 19, Township 32 North, Range 21 West, Washington County, Minnesota, described as follows:  beginning at the southwest corner of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 50 minutes 33 seconds East along the south line of said Southwest Quarter 1555.59 feet; thence North 11 degrees 40 minutes 58 seconds East 720.70 feet; thence North 53 degrees 20 minutes 40 seconds West 436.77 feet; thence North 45 degrees 10 minutes 18 seconds West 222.72 feet to the southerly boundary of the recorded plat of BASSWOOD ESTATES, on file and of record in the Office of the County Recorder; thence westerly along the southerly boundary of said BASSWOOD ESTATES to the southwesterly corner thereof; thence northerly along the westerly boundary of said BASSWOOD ESTATES to the most northerly corner of Lot 2 of Block 3 of said BASSWOOD ESTATES; thence westerly to a point on the west line of said Southwest Quarter 407.50 feet southerly of the northwest corner of said Southwest Quarter; thence South 00 degrees 23 minutes 19 seconds East along the west line of said Southwest Quarter 2238.63 feet to the point of beginning.

 

These parcels contain 57.2 acres, more or less.

 

(d) The Department of Natural Resources has determined that the state's land management interests would best be served if the land was conveyed to a local unit of government.  A local unit of government would like to use these parcels as wetland mitigation sites.

 

Sec. 53.  PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).  Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12733


 

(c) The land that may be sold is located in Washington County and is described as:  the West 750 feet of the East 1,130.6 feet of the North 786.72 feet of the Northwest Quarter of the Northeast Quarter of Section 15, Township 29 North, Range 20 West, containing 13.5 acres, more or less.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes.  The state's land management interests would best be served if the land was sold to an adjacent landowner, as the property described in paragraph (c) does not have legal access to a public road.

 

Sec. 54.  PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Washington County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general for the fair market value of the land.  The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Washington County and is described as:

 

(1) Parcel A (PIN 29.031.19.22.0001):  Section 29, Township 31, Range 19, Government Lot 5;

 

(2) Parcel B (PIN 20.031.19.22.0001):  Section 20, Township 31, Range 19, Government Lot 5;

 

(3) Parcel C (PIN 17.031.19.32.0001):  Section 17, Township 31, Range 19, Government Lot 4;

 

(4) Parcel D (PIN 18.032.19.11.0001):  Section 18, Township 32, Range 19, Government Lot 2; and

 

(5) Parcel E (PIN 18.032.19.14.0001):  Section 18, Township 32, Range 19, Government Lot 3.

 

(d) The county has determined that the county's land management interests would best be served if the lands were sold to the United States of America and managed by the National Park Service.

 

Sec. 55.  PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Washington County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

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

 

(c) The land to be sold is located in Washington County and is described as:  Parcel A (PIN 09.032.21.43.0070):  Lot 8, Block 3, excepting therefrom the East 200 feet thereof of Skoglund's Park Addition, as surveyed and platted and now on file and of record in the Office of the Registrar of Titles of said County of Washington, State of Minnesota.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12734


 

(d) The sale would be to an adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.  The county may split the parcel described in paragraph (c), as allowed in Minnesota Statutes, section 282.01, and sell the resulting parcels if the county finds a split to be advantageous for the purpose of sale.

 

Sec. 56.  PUBLIC SALE OF SURPLUS STATE LAND; WILKIN COUNTY. 

 

(a) Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural resources may sell by public sale the surplus land described in paragraph (c) and direct the net proceeds to the general fund.

 

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

 

(c) The land that may be sold is located in Wilkin County and is described as:  that part of the West Half of the Northeast Quarter of Section 11, Township 136 North, Range 48 West, described as follows:

 

Beginning at a point on the north and south quarter line of said Section 11, distant 1,470 feet North of the center thereof; thence run southerly along said north and south quarter line for a distance of 700 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for 150 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for 700 feet; thence deflect to the left on an angle of 90 degrees 00 minutes for 150 feet to the point of beginning.

 

Together with the westerly 33 feet of the southerly 770 feet of the Southwest Quarter of the Northeast Quarter of said Section 11, to be used for road purposes.

 

Containing 3.00 acres, more or less.

 

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

 

Sec. 57.  CONVEYANCE OF DRAINAGE DISTRICT LAND; WINONA COUNTY. 

 

The Rushford Area Drainage and Conservancy District, established by order of the Tenth Judicial District Court on February 20, 1953, was terminated on January 1, 1988, by Laws 1987, chapter 239, section 140.  The land that was owned by the Rushford Area Drainage and Conservancy District in Winona County is now owned by the state of Minnesota and is hereby transferred to the commissioner of natural resources for administration and management for conservation purposes.

 

Sec. 58.  EFFECTIVE DATE. 

 

Sections 13 to 57 are effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to natural resources; modifying aquaculture provisions; modifying provisions for taking, possessing, and transporting wild animals; modifying requirements for fish and wildlife management plans; modifying game and fish license provisions; modifying method of determining value of acquired stream easements; providing for designation of certain state forest boundaries; modifying state forest acquisition provisions; permitting the exchange of riparian lands within the Boundary Waters Canoe Area Wilderness; establishing a moratorium on public access development for public waters without a public access; adding to and deleting from state parks and state forests; providing for disposition of certain proceeds; authorizing and modifying public and private sales,


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12735


 

conveyances, and exchanges of certain state land; amending Minnesota Statutes 2008, sections 17.4982, subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994; 84.0272, subdivision 2; 84.942, subdivision 1; 84D.03, subdivision 3; 84D.11, subdivision 2a; 85.012, subdivision 40; 89.021, by adding a subdivision; 89.032, subdivision 2; 94.342, by adding a subdivision; 97A.015, subdivision 52; 97A.101, subdivision 3; 97A.141, subdivision 1; 97A.311, subdivision 5; 97A.331, subdivision 4; 97A.345; 97A.405, subdivision 2; 97A.421, subdivision 4a; 97A.433, by adding a subdivision; 97A.435, subdivisions 1, 4; 97A.502; 97A.535, subdivision 2a; 97A.545, subdivision 5; 97B.015, subdivision 5a; 97B.022, subdivision 2; 97B.031, subdivision 5; 97B.075; 97B.106, subdivision 1; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.911; 97B.915; 97B.921; 97B.925; 97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.315, subdivision 1; 97C.341; Minnesota Statutes 2009 Supplement, sections 84.95, subdivision 2; 97A.445, subdivision 1a; 97B.055, subdivision 3; 97B.811, subdivision 3; Laws 2009, chapter 176, article 4, section 9; proposing coding for new law in Minnesota Statutes, chapters 17; 97B; 348; repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97B.811, subdivision 4."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Koenen, Rukavina, Westrom, Falk, Eken, Faust, Zellers, Hoppe, Otremba, Juhnke and Anderson, P., offered an amendment to S. F. No. 2900, the third engrossment, as amended.

 

 

POINT OF ORDER

 

      Hortman raised a point of order pursuant to rule 3.21 that the Koenen et al amendment was not in order.  Speaker pro tempore Juhnke ruled the point of order well taken and the Koenen et al amendment out of order.

 

 

      Brod appealed the decision of Speaker pro tempore Juhnke.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of Speaker pro tempore Juhnke stand as the judgment of the House?" and the roll was called.  There were 77 yeas and 53 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Dittrich

Doty

Emmer

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Hosch

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Laine

Lenczewski

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, M.

Nelson

Newton

Norton

Obermueller

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher



Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12736


 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Doepke

Downey

Drazkowski

Eastlund

Eken

Falk

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Hoppe

Howes

Kelly

Kiffmeyer

Koenen

Kohls

Lanning

Loon

Mack

McFarlane

McNamara

Murdock

Nornes

Olin

Otremba

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Thao

Torkelson

Urdahl

Westrom

Zellers


 

 

      So it was the judgment of the House that the decision of Speaker pro tempore Juhnke should stand.

 

 

Falk, Dill, Howes, Sailer, Doty, Anzelc, Olin, Koenen and Eken moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 15, after line 21, insert:

 

"Sec. 34.  Minnesota Statutes 2008, section 97B.667, is amended to read:

 

97B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY ROAD AUTHORITIES. 

 

When a drainage watercourse is impaired by a beaver dam and the water damages or threatens to damage a public road, the road authority, as defined in section 160.02, subdivision 25, may remove the impairment and any associated beaver lodge within 300 feet of the road.  Notwithstanding any law to the contrary, the road authority may remove or kill or arrange to have removed or killed by any lawful means a beaver associated with the lodge.  A road authority that kills or arranges to have killed a beaver under this section must notify a conservation officer or employee of the Wildlife Division within ten days after the animal is killed.  A road authority may, after consultation with the Wildlife Division and the Board of Water and Soil Resources, implement a local beaver control program designed to reduce the number of incidents of beaver interfering with or damaging a public road.  The local control program may include the offering of a bounty for the lawful taking of beaver."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Drazkowski moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 21, after line 13, insert:

 

"Sec. 5.  [94.015] NO NET GAIN OF STATE-OWNED LAND. 

 

No state department or agency may acquire a fee title interest in land by gift, purchase, or eminent domain if the acquisition results in a net gain of land owned by the state, according to the inventory of state-owned land maintained under section 16B.245."


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12737


 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Drazkowski amendment and the roll was called.  There were 30 yeas and 99 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Beard

Brod

Buesgens

Davids

Dean

Demmer

Dettmer

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Holberg

Kelly

Kiffmeyer

Kohls

Lanning

Mack

Nornes

Olin

Peppin

Rukavina

Sanders

Scott

Seifert

Severson

Shimanski

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dill

Dittrich

Doepke

Doty

Eken

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, M.

Nelson

Newton

Norton

Obermueller

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Thao moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 12, after line 21, insert:

 

"Sec. 27.  [97B.037] SPEAR HUNTING DURING BIG GAME FIREARM SEASONS. 

 

A person may take big game by spear during the respective big game firearm season.  A person taking big game by spear under this section must have a valid firearms license to take the respective big game."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12738


 

      Huntley moved to amend the Thao amendment to S. F. No. 2900, the third engrossment, as amended, as follows:

 

      Page 1, line 4, after "SPEAR" insert "OR AX"

 

      Page 1, line 6, after "spear" insert "or ax"

 

      Page 1, line 7, after "spear" insert "or ax"

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      The question recurred on the Thao amendment, as amended, to S. F. No. 2900, the third engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Dittrich and Abeler moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 19, after line 12, insert:

 

"Sec. 45.  Minnesota Statutes 2009 Supplement, section 97C.395, subdivision 1, is amended to read:

 

Subdivision 1.  Dates for certain species.  (a) The open seasons to take fish by angling are as follows:

 

(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend to the last Sunday in February;

 

(2) for lake trout, from January 1 to October 31;

 

(3) for the winter season for lake trout on all lakes located outside or partially within the Boundary Waters Canoe Area, from January 15 to March 31;

 

(4) for the winter season for lake trout on all lakes located entirely within the Boundary Waters Canoe Area, from January 1 to March 31;

 

(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 to October 31 as prescribed by the commissioner by rule except as provided in section 97C.415, subdivision 2;

 

(6) for the winter season for brown trout, brook trout, rainbow trout, and splake on all lakes, from January 15 to March 31; and

 

(7) for salmon, as prescribed by the commissioner by rule.

 

(b) The commissioner shall close the season in areas of the state where fish are spawning and closing the season will protect the resource.

 

(c) The commissioner shall close the season for taking smallmouth bass until the Monday following the third Sunday in June each year in the following areas:

 

(1) that part of the Rum River from the city of Anoka dam to the confluence with the Mississippi River;


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(2) that part of Elm Creek below the Mill Pond Falls to the confluence with the Mississippi River;

 

(3) that part of the Mississippi River within 100 yards both upstream and downstream of the shoreline of Elm Creek at its confluence with the Mississippi River; and

 

(4) that part of the Mississippi River from the Coon Rapids Dam to State Highway No. 610."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Drazkowski moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 27, after line 8, insert:

 

"Sec. 13.  SALE OF AGRICULTURAL LEASED LANDS. 

 

Notwithstanding any other law to the contrary, the commissioner of natural resources shall sell all state-owned lands with active agricultural leases, and deposit the amount that exceeds the actual expenses of selling the land in the general fund unless otherwise prohibited under the Minnesota Constitution, article XI, section 8 or 10.  The parcels shall be sold no later than July 1, 2011.  Parcels within the boundaries of a state park or scientific and natural area are excepted from this section."

 

Page 60, line 24, delete "57" and insert "58"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Drazkowski moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 60, after line 22, insert:

 

"Sec. 58.  LAND REPORT. 

 

On or before January 2, 2011, the commissioner of natural resources shall submit a report to the chairs and ranking minority members of the environment committees in both the house of representatives and senate outlining the annual net increases or decreases in state land ownership.  The report must include land statistics for years 2001 through 2010.  The cost for the report must be paid out of the agency's operating budget."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12740


 

McNamara moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 19, delete section 47

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Johnson was excused between the hours of 5:05 p.m. and 8:35 p.m.

 

 

Dill moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 19, after line 23, insert:

 

"Sec. 47.  SPECIAL REGULATIONS; FISH LAKE RESERVOIR; ST. LOUIS COUNTY. 

 

By March 1, 2011, the commissioner of natural resources shall adopt special regulations for Fish Lake Reservoir in St. Louis County under Minnesota Statutes, section 97C.005.  The special regulations shall be effective beginning with the 2011 fishing season."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Torkelson and Urdahl moved to amend S. F. No. 2900, the third engrossment, as amended, as follows:

 

Page 60, after line 22, insert:

 

"Sec. 58.  FORT RIDGELY OFFICE BUILDING. 

 

The Department of Natural Resources is prohibited from constructing or relocating an office building within the confines of Fort Ridgely until July 2, 2012."

 

Page 60, line 23, delete "58" and insert "59"

 

Page 60, after line 37, after the semicolon, insert "prohibiting construction or relocation of certain buildings;"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12741


 

MOTION FOR RECONSIDERATION

 

      Carlson moved that the vote whereby the Thao amendment, as amended by the Huntley amendment, to S. F. No. 2900, the third engrossment, as amended, was adopted earlier today be now reconsidered.  The motion prevailed.

 

 

      The Thao amendment, as amended by the Huntley amendment, to S. F. No. 2900, the third engrossment, as amended, was again before the House.

 

 

MOTION FOR RECONSIDERATION

 

      Carlson moved that the vote whereby the Huntley amendment to the Thao amendment to S. F. No. 2900, the third engrossment, as amended, was adopted earlier today be now reconsidered.  The motion prevailed.

 

 

      The Huntley amendment to the Thao amendment to S. F. No. 2900, the third engrossment, as amended, was again reported to the House and reads as follows:

 

      Page 1, line 4, after "SPEAR" insert "OR AX"

 

      Page 1, line 6, after "spear" insert "or ax"

 

      Page 1, line 7, after "spear" insert "or ax"

 

 

      The motion did not prevail and the amendment to the amendment was not adopted.

 

 

      The Thao amendment to S. F. No. 2900, the third engrossment, as amended, was again reported to the House and reads as follows:

 

Page 12, after line 21, insert:

 

"Sec. 27.  [97B.037] SPEAR HUNTING DURING BIG GAME FIREARM SEASONS. 

 

A person may take big game by spear during the respective big game firearm season.  A person taking big game by spear under this section must have a valid firearms license to take the respective big game."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

MOTION TO LAY ON THE TABLE

 

      Kohls moved that S. F. No. 2900, as amended, be laid on the table.

 

 

      A roll call was requested and properly seconded.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12742


 

      The question was taken on the Kohls motion and the roll was called.  There were 39 yeas and 92 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Brod

Buesgens

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gottwalt

Hamilton

Holberg

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

McFarlane

McNamara

Murdock

Nornes

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail.

 

 

      The question recurred on the Thao amendment to S. F. No. 2900, the third engrossment, as amended.  The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 2900, A bill for an act relating to natural resources; modifying aquaculture provisions; modifying disposal restrictions for certain livestock taken by wild animals; modifying provisions for taking, possessing, and transporting wild animals; modifying requirements for fish and wildlife management plans; modifying game and fish provisions; modifying game and fish license requirements and fees for youths; increasing certain fishing license fees; modifying certain requirements for invasive species control; modifying certain administrative accounts; modifying electronic transaction provisions; providing for certain registration exemptions; modifying all-terrain vehicle definitions; modifying all-terrain vehicle operation restrictions; modifying state trails and canoe and boating routes; modifying fees and disposition of certain receipts; modifying certain competitive bidding exemptions; modifying horse trail pass provisions; modifying beaver dam provisions; modifying the Water Law; modifying nongame wildlife check offs; modifying method of determining value of acquired stream easements; providing for certain historic property exemption; modifying adding to and deleting from state parks and state forests; authorizing public and private sales, conveyances, and exchanges of certain state land; providing exemptions from rulemaking and requiring rulemaking; providing criminal penalties; appropriating money; amending Minnesota Statutes 2008, sections 17.4982, subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994; 35.82, subdivision 2; 84.025, subdivision 9; 84.027, subdivision 15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.82, subdivision 3, by


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12743


 

adding a subdivision; 84.92, subdivisions 9, 10; 84.922, subdivision 5, by adding a subdivision; 84.925, subdivision 1; 84.942, subdivision 1; 84D.03, subdivision 3; 84D.13, subdivision 3; 85.012, subdivision 40; 85.015, subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.43; 85.46, as amended; 86B.101; 89.032, subdivision 2; 97A.015, subdivision 52, by adding a subdivision; 97A.055, subdivision 4b; 97A.101, subdivision 3; 97A.145, subdivision 2; 97A.311, subdivision 5; 97A.331, by adding subdivisions; 97A.420, subdivisions 2, 3, 4, 6, by adding a subdivision; 97A.421, subdivision 4a, by adding a subdivision; 97A.433, by adding a subdivision; 97A.435, subdivision 1; 97A.445, subdivision 5; 97A.451, subdivision 3; 97A.475, subdivisions 3a, 4, 43, 44; 97A.535, subdivision 2a; 97A.545, subdivision 5; 97B.015; 97B.020; 97B.021, subdivision 1; 97B.022, subdivision 2; 97B.031, subdivision 5; 97B.045, by adding a subdivision; 97B.075; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.301, subdivisions 3, 6; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.601, subdivision 4; 97B.665, subdivision 2; 97B.711, by adding a subdivision; 97B.803; 97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.341; 103A.305; 103G.271, subdivision 3; 103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2; 103G.315, subdivision 11; 103G.515, subdivision 5; 290.431; 290.432; Minnesota Statutes 2009 Supplement, sections 84.928, subdivision 1; 84.95, subdivision 2; 85.015, subdivision 13; 86A.09, subdivision 1; 97A.075, subdivision 1; 97A.445, subdivision 1a; 97A.451, subdivision 2; 97A.475, subdivisions 2, 3; 97B.055, subdivision 3; 97C.395, subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as amended; Laws 2009, chapter 176, article 4, section 9; proposing coding for new law in Minnesota Statutes, chapters 17; 84D; 85; 97B; 97C; 103G; repealing Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5; 97A.451, subdivisions 3a, 4; 97A.485, subdivision 12; 97B.022, subdivision 1; 97B.511; 97B.515, subdivision 3; 97B.665, subdivision 1; 97C.346; 103G.295; 103G.650; Minnesota Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws 2009, chapter 172, article 5, section 8.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

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

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Hansen

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Obermueller

Olin

Otremba

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Sailer

Sanders

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher



Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12744


 

      Those who voted in the negative were:

 


Buesgens

Emmer

Greiling

Hausman

Lenczewski

Norton

Peppin

Ruud

Scalze

Scott


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      Pursuant to rule 1.22, Solberg requested immediate consideration of S. F. No. 3361.

 

 

      S. F. No. 3361 was reported to the House.

 

 

      Jackson moved to amend S. F. No. 3361, the first engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 3786, the first engrossment:

 

"Section 1.  [513.73] DEFINITIONS. 

 

Subdivision 1.  Application.  As used in sections 513.73 to 513.76, the following terms have the meanings given in this section.

 

Subd. 2.  Transfer.  "Transfer" means the sale, grant, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state.

 

Subd. 3.  Private transfer fee.  "Private transfer fee" means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in real property, or payable for the right to make or accept the transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer.  The following are not private transfer fees for purposes of this section:

 

(1) consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development, or sale of the property, provided that the additional consideration is payable on a onetime basis only, and the obligation to make the payment does not bind successors in title to the property.  For the purposes of this clause, an interest in real property may include a separate mineral estate and its appurtenant surface access rights;

 

(2) commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee, including any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property;

 

(3) interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including but not limited to a fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, fees, or charges payable to the lender for estoppel letters or certificates, and shared appreciation interest or profit participation or other consideration and payable to the lender in connection with the loan;


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12745


 

(4) rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including but not limited to a fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease;

 

(5) consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the property to another person;

 

(6) consideration payable by a contract for deed vendee to the vendor pursuant to the terms of a recorded contract for deed, including any subsequent additional consideration for the property payable by the vendee based upon any subsequent appreciation, development, or sale of the property;

 

(7) a tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority;

 

(8) a fee, charge, assessment, fine, or other amount payable to a homeowner's condominium, cooperative, mobile home, or property owner's association pursuant to a declaration or covenant or law applicable to the association, including but not limited to fees or charges payable for estoppel letters or certificates issued by the association or its authorized agent;

 

(9) a fee, a charge, an assessment, dues, a contribution, or other amount pertaining to the purchase or transfer of a club membership relating to real property owned by the member, including but not limited to any amount determined by reference to the value, purchase price, or other consideration given for the transfer of the real property; and

 

(10) a mortgage from the purchaser of real property granted to the seller or to a licensed real estate broker.

 

Subd. 4.  Private transfer fee obligation.  "Private transfer fee obligation" means a declaration or covenant recorded or filed against the title to real property, or any other contractual agreement or promise, whether or not recorded or filed, that requires or purports to require the payment of a private transfer fee to the declarant or other person specified in the declaration, covenant, or agreement, or to their successors or assigns, upon a subsequent transfer of an interest in the real property.

 

Sec. 2.  [513.74] PROHIBITION. 

 

A private transfer fee obligation recorded, filed, or entered into in this state on or after the effective date of this section does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise.  Any private transfer fee obligation that is recorded, filed, or entered into in this state on or after the effective date of this section is void and unenforceable.  This section does not require that a private transfer fee obligation recorded, filed, or entered into in this state before the effective date of this section is presumed valid and enforceable.  It is the public policy of this state that no private transfer fee obligation should be valid or enforceable whenever entered into, recorded, or filed.

 

Sec. 3.  [513.75] LIABILITY FOR VIOLATION. 

 

A person who records or files or enters into an agreement imposing a private transfer fee obligation in the person's favor after the effective date of this section shall be liable for (1) any and all damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real property, including, without limitation, the amount of any transfer fee paid by a party to the transfer, and (2) all attorney fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover the transfer fee paid or in connection with an action to quiet title or register the title or a proceeding subsequent to initial registration.  If an agent acts on behalf of a principal to record or file or secure a private transfer fee obligation, liability shall be assessed to the principal, but not to the agent.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12746


 

Sec. 4.  [513.76] NOTICE REQUIREMENTS FOR EXISTING TRANSFER FEE OBLIGATIONS. 

 

Subdivision 1.  Prior obligations.  For a private transfer fee obligation imposed prior to the effective date of this section, the receiver of the fee shall record or file, prior to December 31, 2010, against the real property subject to the private transfer fee obligation a separate document with the county recorder or registrar of titles of the county in which the real property is located that meets all of the following requirements:

 

(1) the title of the document shall be "Notice of Private Transfer Fee Obligation" in at least 14-point boldface type;

 

(2) the amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the transfer fee, or any other basis by which the transfer fee is to be calculated;

 

(3) the date or circumstances under which the private transfer fee obligation expires, if any;

 

(4) the purpose for which the funds from the private transfer fee obligation will be used;

 

(5) the name of the person or entity to which funds are to be paid and specific contact information regarding where the funds are to be sent;

 

(6) the acknowledged signature of the payee; and

 

(7) the legal description of the real property burdened by the private transfer fee obligation.

 

Subd. 2.  Amendments.  The person or entity to which the transfer fee is to be paid may record or file an amendment to the notice of transfer fee containing new contact information, but the amendment must contain the information of the notice of transfer fee that it amends and the legal description of the property burdened by the private transfer fee obligation.

 

Subd. 3.  Results of noncompliance.  (a) If the payee fails to comply fully with subdivision 1, the grantor of any real property burdened by the private transfer fee obligation may proceed with the conveyance of any interest in the real property to any grantee.  The grantor shall be deemed to have acted in good faith and shall not be subject to any obligations under the private transfer fee obligation, and the real property thereafter shall be conveyed free and clear of the transfer fee and private transfer fee obligation.

 

(b) If the payee fails to provide a written statement of the transfer fee payable within 30 days of the date of a written request for the statement sent to the address shown in the notice of transfer fee, then the grantor, on recording or filing of the affidavit required under subdivision 4, may convey any interest in the real property to any grantee without payment of the transfer fee and shall not be subject to any further obligations under the private transfer fee obligation.  The real property shall be conveyed free and clear of the transfer fee and private transfer fee obligation.

 

Subd. 4.  Affidavit requirement.  (a) An affidavit stating the facts enumerated under paragraph (b) must be recorded or filed with the county recorder or registrar of titles in the county in which the real property is located prior to or simultaneously with a conveyance pursuant to subdivision 3, paragraph (a), of real property unburdened by a private transfer fee obligation.  An affidavit filed under this paragraph must state that the affiant has actual knowledge of the facts in the affidavit and must include the legal description of the real property burdened by the private transfer fee obligation, the name of the person appearing by the record to be the owner of the real property at the time of the signing of the affidavit, and a reference by recording or filing information to the instrument of record containing the private transfer fee obligation.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12747


 

(b) When recorded or filed, an affidavit as described in paragraph (a) constitutes prima facie evidence that:

 

(1) a request for the written statement of the transfer fee payable in order to obtain a release of the fee imposed by the private transfer fee obligation was sent to the address shown in the notification; and

 

(2) the entity listed on the notice of transfer fee failed to provide the written statement of the transfer fee payable within 30 days of the date of the notice sent to the address shown in the notification.

 

Sec. 5.  Laws 2010, chapter 238, section 7, is amended to read:

 

Sec. 7.  EFFECTIVE DATE; APPLICATION. 

 

Sections 2 to 6 are effective January 1, 2011.  Sections 4 to 6 apply retroactively to child support judgments, including judgments by operation of law, that have not expired before January 1, 2011.  Sections 2, 3, 5, and 6 are effective January 1, 2011.  Sections 5 and 6 apply retroactively to child support judgments, including judgments by operation of law, that have not expired before January 1, 2011.  Section 4 is effective July 1, 2011, and applies retroactively to child support judgments, including judgments by operation of law, that have not expired before July 1, 2011.

 

Sec. 6.  EFFECTIVE DATE. 

 

Sections 1 to 4 are effective the day following final enactment."

 

      Delete the title and insert:

 

      "A bill for an act relating to state regulation; prohibiting real property private transfer fees; modifying effective date of certain child support provisions; amending Laws 2010, chapter 238, section 7; proposing coding for new law in Minnesota Statutes, chapter 513."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Jackson moved to amend S. F. No. 3361, the first engrossment, as amended, as follows:

 

Page 5, delete section 5 and insert:

 

"Sec. 5.  Laws 2010, chapter 238, section 7, is amended to read:

 

Sec. 7.  EFFECTIVE DATE; APPLICATION. 

 

Sections 2 to 6 and 3 are effective January 1, 2011.  Sections 4 to 6 are effective July 1, 2011, and apply retroactively to child support judgments, including judgments by operation of law, that have not expired before January July 1, 2011."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 3361, A bill for an act relating to real property transfers; prohibiting private transfer fees; proposing coding for new law in Minnesota Statutes, chapter 513.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12748


 

      The question was taken on the passage of the bill and the roll was called.  There were 132 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

FISCAL CALENDAR ANNOUNCEMENT

 

      Pursuant to rule 1.22, Solberg announced his intention to place H. F. No. 2227 on the Fiscal Calendar for Wednesday, May 12, 2010.

 

 

      Hortman moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Hortman.

 

 

      Atkins was excused between the hours of 7:55 p.m. and 9:20 p.m.

 

      Severson was excused between the hours of 7:55 p.m. and 11:00 p.m.

 

 

      There being no objection, the order of business reverted to Reports of Standing Committees and Divisions.


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12749


 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3512, A bill for an act relating to indoor air quality; requiring indoor ice arenas to have electronic air monitoring devices; requiring that grants to construct and renovate indoor ice arenas require an electronic air monitoring device in the facility; requiring reports; amending Minnesota Statutes 2008, sections 144.1222, by adding a subdivision; 240A.09.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 240A.09, is amended to read:

 

240A.09 PLAN DEVELOPMENT; CRITERIA. 

 

The Minnesota Amateur Sports Commission shall develop a plan to promote the development of proposals for new statewide public ice facilities including proposals for ice centers and matching grants based on the criteria in this section.

 

(a) For ice center proposals, the commission will give priority to proposals that come from more than one local government unit.  Institutions of higher education are not eligible to receive a grant.

 

(b) In the metropolitan area as defined in section 473.121, subdivision 2, the commission is encouraged to give priority to the following proposals: 

 

(1) proposals for renovation and indoor air quality improvements at an existing indoor ice arena;

 

(2) proposals for construction of two or more ice sheets in a single new facility;

 

(2) (3) proposals for construction of an additional sheet of ice at an existing ice center;

 

(3) (4) proposals for construction of a new, single sheet of ice as part of a sports complex with multiple sports facilities; and

 

(4) (5) proposals for construction of a new, single sheet of ice that will be expanded to a two-sheet facility in the future.

 

(c) The commission shall administer a site selection process for the ice centers.  The commission shall invite proposals from cities or counties or consortia of cities.  A proposal for an ice center must include matching contributions including in-kind contributions of land, access roadways and access roadway improvements, and necessary utility services, landscaping, and parking.

 

(d) Proposals for ice centers and matching grants must provide for meeting the demand for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to female groups.  For purposes of this section, prime ice time means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.


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(e) The location for all proposed facilities must be in areas of maximum demonstrated interest and must maximize accessibility to an arterial highway.

 

(f) To the extent possible, all proposed facilities must be dispersed equitably, must be located to maximize potential for full utilization and profitable operation, and must accommodate noncompetitive family and community skating for all ages.

 

(g) The commission may also use the money to upgrade current facilities, purchase girls' ice time, or conduct amateur women's hockey and other ice sport tournaments.

 

(h) To the extent possible, 50 percent of all grants must be awarded to communities in greater Minnesota.

 

(i) To the extent possible, technical assistance shall be provided to Minnesota communities by the commission on ice arena planning, design, redesign, renovation of air handling systems, and operation, including the marketing of ice time.

 

(j) A grant for new facilities may not exceed $250,000.

 

(k) The commission may make grants for rehabilitation and renovation.  A rehabilitation or renovation grant may not exceed $100,000 $200,000.  Priority must be given to grant applications for indoor air quality improvements, including zero emission ice resurfacing equipment and upgrading ventilation systems that include electronic indoor air monitoring and recording devices.  After January 1, 2013, no grant may be made under this paragraph unless the application includes capital expenditures for indoor air quality improvements that will enable the facility to comply with indoor air quality standards and any associated rules, or the applicant provides documentation from the commissioner of health that the facility is in compliance with those requirements at the time of application and will continue to be in compliance after the rehabilitation or renovation is completed.  The provisions of this paragraph also apply to grants made to upgrade current facilities under paragraph (g).

 

(l) Grant money may be used for ice centers designed for sports other than hockey.

 

(m) Grant money may be used to upgrade existing facilities to comply with the bleacher safety requirements of section 326B.112. 

 

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

 

Sec. 2.  INDOOR ICE ARENAS; RULEMAKING. 

 

The Department of Health must incorporate the following items into its current rulemaking governing air quality in indoor ice arenas:

 

(1) standards limiting the concentration of carbon monoxide and nitrogen dioxide must address both acute and chronic exposure, must include a one-hour limit, and must be reviewed every five years;

 

(2) recorded monitoring data from electronic indoor air monitoring devices must be available to the Department of Health upon request; and

 

(3) requirements for indoor ice arenas to take specified corrective measures to protect public health in response to elevated concentration levels of carbon monoxide and nitrogen dioxide, as determined by the Department of Health, including operating ventilation equipment at increased levels or more frequently, evacuating the arena, and establishing conditions for re-occupancy of the arena.

 

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


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Sec. 3.  REPORTS. 

 

By August 1, 2012, and each year thereafter, the Department of Health must submit a report to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over public health that contains the following information with respect to indoor air quality in ice arenas for the preceding calendar year:

 

(1) a list of on-site inspections of ice arenas made by the department, including the date of each inspection;

 

(2) the list of violations of indoor air quality standards, reporting requirements, or other requirements of Minnesota Rules, chapter 4620, by ice arenas;

 

(3) a list of enforcement actions taken against violators listed in clause (2), or any other actions taken to return violators to compliance;

 

(4) the number of certificates of approval the commissioner of health refused to issue due to insufficient documentation of maintenance of acceptable air quality conditions;

 

(5) the number of certificates of approval suspended, revoked, or reinstated by the commissioner due to violations of air quality rules; and

 

(6) the number of variances to air quality rules granted to ice arenas by the commissioner of health.

 

The department must also post the information in clauses (1) to (6) on its Web site.

 

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

 

Amend the title accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

S. F. No. 2629, A bill for an act relating to elections; appropriating money for grants to counties for voting equipment and vote-counting equipment; specifying grant terms and procedures; repealing Laws 2005, chapter 162, section 34, subdivision 2, as amended.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2008, section 318.02, subdivision 1, is amended to read:

 

Subdivision 1.  Definition.  The term "declaration of trust" as used in this section means the declaration of trust, business trust instrument, trust indenture, contract of custodianship, or other instrument pursuant to which such association is organized.  Every such association organized after April 20, 1961, for the purpose of transacting business in this state shall, prior to transacting any business in this state, file in the Office of the Secretary of State a


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true and correct copy of the "declaration of trust" under which the association proposes to conduct its business.  The copy shall also contain a statement that the true and correct copy of the "declaration of trust" is being filed in the Office of the Secretary of State of the state of Minnesota pursuant to this chapter and shall also include the full name and street address of an agent of the business trust in this state.  That agent shall be the agent for service of process which shall be made pursuant to the provisions of section 543.08.  The "declaration of trust" may provide that the duration of such association shall be perpetual.  Upon the filing of the copy of the "declaration of trust," and the payment of a filing fee of $150 to the secretary of state, the secretary of state shall issue to such association, or to the trustees named in the said "declaration of trust," or to the persons or parties to the "declaration of trust," a certificate showing that such "declaration of trust" has been duly filed; whereupon, such association in its name shall be authorized to transact business in this state; provided that all other applicable laws have been complied with.  The "declaration of trust" may be amended as provided in the "declaration of trust" or in any amendments thereto but a true and correct copy of all amendments to the "declaration of trust," shall be filed in the Office of the Secretary of State upon the payment of a filing fee of $50 to the secretary of state and all amendments shall become effective at the time of said filing.  When such copy of the "declaration of trust" and any amendments thereto shall have been filed in the Office of the Secretary of State it shall constitute public notice as to the purposes and manner of the business to be engaged in by such association. 

 

Sec. 2.  Minnesota Statutes 2008, section 557.01, is amended to read:

 

557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE. 

 

Any nonresident person or corporation owning or claiming any interest or lien in or upon lands in the state may file with the secretary of state a writing, executed and acknowledged in the manner of a conveyance, appointing a resident agent, whose place of residence shall be stated, to accept service of process or summons in any action or proceeding in the courts of the state concerning such interest or lien, except actions or proceedings for the collection of taxes, and consenting that service of such process or summons upon such agent shall be binding upon the person executing the same.  Such writing shall be recorded by the secretary.  No service by publication of summons shall be made upon any such nonresident who has complied with the provisions hereof, but in all such cases service of such process or summons, or of any writ or notice in the action or proceedings, shall be made upon such agent in the manner provided by law for such service upon residents of the state, and have the same effect as personal service within the state upon such owner or claimant; but, if such party appears by attorneys therein, the service of papers shall thereafter be upon such attorney.  The authority of such agent may be revoked by writing similarly executed and acknowledged and recorded, but no revocation shall affect any action or proceeding then pending.  For filing and recording such papers the secretary shall be entitled to 15 cents for each folio The fee for each filing made under this section is $50."

 

Page 3, after line 11, insert: 

 

"Sec. 6.  EFFECTIVE DATE. 

 

Sections 3 to 5 are effective the day following final enactment."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 2, delete "elections" and insert "operations of the secretary of state; regulating filings with the secretary of state"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


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Carlson from the Committee on Finance to which was referred:

 

S. F. No. 2937, A bill for an act relating to human services; chemical dependency treatment; pilot projects; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 254B; repealing Laws 2009, chapter 79, article 7, section 26, subdivision 3.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 3512 was read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 2937 was read for the second time.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 2725 was reported to the House.

 

 

      Paymar moved to amend S. F. No. 2725, the fourth engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 2965, the second engrossment:

 

"Section 1.  [299A.642] VIOLENT CRIME COORDINATING COUNCIL. 

 

Subdivision 1.  Coordinating council established.  The Violent Crime Coordinating Council is established to provide guidance related to the investigation and prosecution of gang and drug crime.  For the purposes of this section, "gang and drug crime" includes violent crimes associated with gang activity.

 

Subd. 2.  Membership.  The coordinating council shall consist of the following individuals or their designees:

 

(1) the director of the Office of Special Investigations as the representative of the commissioner of corrections;

 

(2) the superintendent of the Bureau of Criminal Apprehension as the representative of the commissioner of public safety;

 

(3) the attorney general;

 

(4) four chiefs of police, selected by the Minnesota Chiefs of Police Association, of which one must be employed by the city of Minneapolis, one must be employed by the city of St. Paul, one must be employed by a municipality located in the seven-county metropolitan area excluding Minneapolis and St. Paul, and one must be employed in greater Minnesota;


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(5) four sheriffs, selected by the Minnesota Sheriffs Association, of which, one must work in Hennepin County, one must work in Ramsey County, one must work in Anoka, Carver, Dakota, Scott, or Washington county, and one must work in greater Minnesota;

 

(6) the United States attorney for the district of Minnesota;

 

(7) two county attorneys, selected by the Minnesota County Attorneys Association, one who must work in the seven-county metropolitan area and one who must work in greater Minnesota;

 

(8) two citizen members appointed by the commissioner of public safety in consultation with representatives from the councils of color created in sections 3.922, 3.9223, 3.9225, and 3.9226; and

 

(9) a tribal peace officer, selected by the commissioner of public safety, in consultation with the Minnesota Indian Affairs Council.

 

The coordinating council shall adopt procedures to govern its conduct as necessary and shall select a chair from among its members.  The chair shall serve a two-year term and the appointment of the chair shall alternate between a person who works in greater Minnesota and a person who works in the seven-county metropolitan area.

 

Subd. 3.  Coordinating council's duties.  The coordinating council shall develop an overall strategy to ameliorate the harm caused to the public by gang and drug crime within the state of Minnesota.  Additionally, the coordinating council shall:

 

(1) subject to approval by the commissioner of public safety, develop an operating procedures and policies manual to investigate gang and drug crime in a multijurisdictional manner;

 

(2) identify and recommend a candidate or candidates for statewide coordinator to the commissioner of public safety;

 

(3) assist the Department of Public Safety in developing grant eligibility criteria and operating an objective and conflict-free grant review application process;

 

(4) make recommendations to the commissioner of public safety to terminate grant funding for multijurisdictional entities if an entity no longer operates in accordance with subdivision 4, or no longer functions in a manner consistent with the best interests of the state or public;

 

(5) assist in developing a process to collect and share information to improve the investigation and prosecution of gang and drug offenses;

 

(6) develop and approve an operational budget for the coordinating council; and

 

(7) subject to approval by the commissioner of public safety, adopt narrowly tailored, objective criteria and identifying characteristics for use in determining whether individuals are or may be members of gangs involved in criminal activity.  The council shall review and update the criteria and characteristics adopted under this clause every two years with the objective to ensure effectiveness and relevance to the accurate identification of subjects actively involved in criminal gang activity.  As part of its review process, the council shall obtain input from members of communities that are impacted by criminal gang activity.  Before adopting any changes under this clause, the council must submit its recommendations to the commissioner of public safety for approval.

 

Subd. 4.  Duties and authority of commissioner.  (a) The commissioner of public safety shall certify multijurisdictional entities, and their designated fiscal agents, that are established pursuant to this section to combat gang and drug crime and receive grant funding under subdivision 9.  To certify an entity and its designated fiscal agent, the commissioner shall require that a multijurisdictional entity:


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(1) be subject to the operational command and supervision of one of the participating agencies;

 

(2) be subject to a biennial operational and financial audit contracted out to an external organization not associated with the multijurisdictional entity and designed to ensure that the entity and its designated fiscal agent are in compliance with applicable legal requirements, proper law enforcement standards and practices, and effective financial controls;

 

(3) have adequate staffing and funding to support law enforcement, prosecutorial, and financial operations, including bookkeeping, evidence handling, and inventory recording; and

 

(4) be subject to any other conditions the commissioner deems necessary to carry out the purposes of this section.

 

The commissioner may use grant funds authorized under subdivision 9 to pay for costs incurred in conducting audits under clause (2).

 

(b) A multijurisdictional entity, and its designated fiscal agent, must be certified annually by the commissioner and may not operate under this section unless it is certified.  If the commissioner revokes an entity's or fiscal agent's certification, the commissioner may order, for purposes relating to this section, any or all of the following:

 

(1) dissolution of the entity, its governing boards, or both;

 

(2) transfer of duties of the entity, its governing boards, or both, to the Department of Public Safety; and

 

(3) any other action deemed necessary by the commissioner.

 

Notwithstanding any action taken by the commissioner, any outstanding obligations or liabilities of the entity remain with the entity and the parties of the agreement and do not transfer.

 

(c) An agreement entered into pursuant to section 471.59 and this section shall provide that the parties to the agreement are subject to the provisions in this subdivision and shall provide for the disposition of property and allocation of obligations upon voluntary or mandated dissolution of the entity or upon termination of the agreement. 

 

(d) Except as provided in section 2, a multijurisdictional entity that is operating on the effective date of this section pursuant to section 299A.641 shall have until December 31, 2010, to be certified under this section.

 

Subd. 5.  Statewide coordinator.  The commissioner of public safety shall appoint a statewide coordinator.  The coordinator serving in the unclassified service shall:

 

(1) coordinate and monitor all multijurisdictional gang and drug enforcement activities;

 

(2) facilitate local efforts and ensure statewide coordination with efforts to combat gang and drug crime;

 

(3) facilitate training for personnel;

 

(4) monitor compliance with investigative protocols; and

 

(5) review audits conducted under subdivision 4, take corrective actions based on audit results, and submit a summary report of the audits and any corrective actions to the commissioner of public safety.


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Subd. 6.  Participating officers; employment status.  All participating law enforcement officers must be licensed peace officers as defined in section 626.84, subdivision 1, or qualified federal law enforcement officers as defined in section 626.8453.  Participating officers remain employees of the same entity that employed them before joining any multijurisdictional entity established under this section.  Participating officers are not employees of the state.  Participating officers shall be subject to annual performance reviews conducted by the entity's operational supervisor.

 

Subd. 7.  Jurisdiction and powers.  Law enforcement officers participating in any multijurisdictional entity established under this section have statewide jurisdiction to conduct criminal investigations and have the same powers of arrest as those possessed by a sheriff.

 

Subd. 8.  Evidence handling.  A multijurisdictional entity established pursuant to this section shall process all evidence through the standard evidence handling procedures established by the participating agencies.

 

Subd. 9.  Grants authorized.  The commissioner of public safety may make grants to state and local units of government to combat gang and drug crime.  When awarding grants, the commissioner shall consider appropriating grants under this section to fund community-based gang intervention and prevention efforts for youth.

 

Subd. 10.  Coordinating council is permanent.  Notwithstanding section 15.059, this section does not expire.

 

Subd. 11.  Governing board; prosecutor's role.  (a) A multijurisdictional entity established under this section shall create a governing board consisting of the chief law enforcement officer, or designee, from each participating agency, a prosecutor from one of the participating agencies, and up to three additional members selected by the governing board.  A governing board shall have no less than six members. 

 

(b) The prosecutor on the governing board shall recommend to governing board the nature and frequency of training for officers assigned to a multijurisdictional entity in order to increase successful prosecutions.

 

Subd. 12.  Funding.  Participating agencies may accept lawful grants or contributions from any federal source or legal business or entity.

 

Subd. 13.  Role of attorney general.  The attorney general or a designee shall generally advise on any matters that the coordinating council deems appropriate.

 

Subd. 14.  Attorney general; community liaison.  (a) The attorney general or a designee shall serve as a liaison between the coordinating council and the councils of color created in sections 3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or designee will be responsible for:

 

(1) informing the councils of color of the plans, activities, and decisions and hearing their reactions to those plans, activities, and decisions; and

 

(2) providing the coordinating council with the position of the councils of color on the coordinating council's plan, activities, and decisions.

 

(b) In no event is the coordinating council required to disclose the names of individuals identified by it to the councils of color referenced in this subdivision.

 

Subd. 15.  Required reports.  By February 1 of each year, the commissioner of public safety shall submit the following reports to the chairs of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding: 


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(1) a report containing a summary of all audits conducted on multijurisdictional entities under subdivision 4; and

 

(2) a report on the activities and goals of the coordinating council. 

 

Sec. 2.  MULTIJURISDICTIONAL GANG AND DRUG STRIKE FORCES. 

 

A joint powers entity established pursuant to Minnesota Statutes, section 299A.641, before the effective date of this section that included as parties to the joint powers agreement two counties with a population over 500,000 each is dissolved and any governing or advisory board established by the terms of the agreement is also dissolved.  All current and future obligations and liabilities of the joint powers entity remain with the parties to the agreement and do not transfer to the state.

 

For purposes of this section, "population" means the most recent population estimate made by the state demographer under Minnesota Statutes, section 4A.02.

 

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

 

Sec. 3.  REVISOR'S INSTRUCTION. 

 

The revisor of statutes shall replace references to Minnesota Statutes, section 299A.641, in statutes and rules with a reference to Minnesota Statutes, section 299A.642, and shall make any other changes to statutory cross-references as necessitated by this bill.

 

Sec. 4.  REPEALER. 

 

Minnesota Statutes 2008, section 299A.641, is repealed.

 

EFFECTIVE DATE.  This section is effective December 31, 2010."

 

      Delete the title and insert:

 

      "A bill for an act relating to public safety; establishing a certification process for multijurisdictional gang and drug task forces; proposing coding for new law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2008, section 299A.641."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Paymar moved to amend S. F. No. 2725, the fourth engrossment, as amended, as follows:

 

Page 6, after line 6, insert:

 

"Sec. 3.  WORK GROUP. 

 

The director of the Information Policy Analysis Division of the Department of Administration shall convene and chair a work group of stakeholders and interested parties to discuss issues and laws pertaining to criminal intelligence databases.  In its discussions, the work group shall balance considerations of public safety needs and privacy interests, oversight, minimization of discretion, and regulation of the collection of these data, including the individualized criteria for inclusion in a computerized gang database.  By February 1, 2011, the work group shall submit an executive summary document to the chairs and ranking minority members of the committees of the senate


Journal of the House - 103rd Day - Wednesday, May 12, 2010 - Top of Page 12758


 

and house of representatives with jurisdiction over data practices issues.  The document must summarize the work group meetings and outline proposed legislative changes to implement recommendations on which there is agreement.  The Department of Public Safety shall provide administrative support to the work group."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Kahn, Downey and Holberg moved to amend S. F. No. 2725, the fourth engrossment, as amended, as follows:

 

Page 6, after line 6, insert:

 

"Sec. 3.  GOVERNMENT EFFICIENCY AND TRANSPARENCY STUDIES. 

 

Subdivision 1.  Data center study.  (a) The commissioner of management and budget, in consultation with the state chief information officer, must study and report to the chairs and ranking minority members of the house and senate committees with jurisdiction over state government finance by January 15, 2011, on the feasibility and estimated costs of entering into a lease or lease-purchase agreement with a private nonprofit organization, involving a private sector developer, to provide a centralized data center for state agencies or to upgrade current facilities for purposes of data center consolidation.  The report must include a potential schedule for consolidation of existing state agency data centers, and an estimate of any savings, increased efficiencies, or performance improvements that would be achieved through this consolidation.

 

(b) In conducting the study required under paragraph (a), the commissioner shall consult with representatives of higher education and local government units to determine the feasibility and desirability of creating a shared service contract for a data center.

 

(c) If the commissioner of management and budget and chief information officer conclude that entering into an agreement described in paragraph (a) is cost-beneficial, the commissioner may enter into such an agreement notwithstanding any law to the contrary.

 

Subd. 2.  Transparency standards.  By January 15, 2011, the chief information officer shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over the Office of Enterprise Technology regarding the development of the standards to enhance public access to data required under Minnesota Statutes, section 16E.05, subdivision 4.  The report must describe the process for development of the standards, including the opportunity provided for public comment, and specify the components of the standards that have been implemented, including a description of the level of public use of the new opportunities for data access under the standards."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.


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      S. F. No. 2725, A bill for an act relating to public safety; establishing a certification process for multijurisdictional gang and drug task forces; regulating law enforcement criminal gang investigative databases; classifying data received from law enforcement agencies in other states; changing membership of a council; delineating uses of data in the comprehensive incident-based reporting system; restricting the acquisition of cell phone tracking devices; amending Minnesota Statutes 2008, sections 13.82, by adding a subdivision; 299A.641; 299C.091, subdivision 4; 299C.40, subdivision 2; 609.531, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 626; 626A.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 2614

 

A bill for an act relating to state government; licensing; state health care programs; continuing care; children and family services; health reform; Department of Health; public health; health plans; assessing administrative penalties; modifying foreign operating corporation taxes; requiring reports; making supplemental and contingent appropriations and reductions for the Departments of Health and Human Services and other health-related boards and councils; amending Minnesota Statutes 2008, sections 62D.08, by adding a subdivision; 62J.07, subdivision 2, by adding a subdivision; 62J.38; 62J.692, subdivision 4; 62Q.19, subdivision 1; 62Q.76, subdivision 1; 62U.05; 119B.025, subdivision 1; 119B.09, subdivision 4; 119B.11, subdivision 1; 144.05, by adding a subdivision; 144.226,


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subdivision 3; 144.291, subdivision 2; 144.293, subdivision 4, by adding a subdivision; 144.651, subdivision 2; 144.9504, by adding a subdivision; 144A.51, subdivision 5; 144E.37; 214.40, subdivision 7; 245C.27, subdivision 2; 245C.28, subdivision 3; 246B.04, subdivision 2; 254B.01, subdivision 2; 254B.02, subdivisions 1, 5; 254B.03, subdivision 4, by adding a subdivision; 254B.05, subdivision 4; 254B.06, subdivision 2; 254B.09, subdivision 8; 256.01, by adding a subdivision; 256.9657, subdivision 3; 256B.04, subdivision 14; 256B.055, by adding a subdivision; 256B.056, subdivisions 3, 4; 256B.057, subdivision 9; 256B.0625, subdivisions 8, 8a, 8b, 18a, 22, 31, by adding subdivisions; 256B.0631, subdivisions 1, 3; 256B.0644, as amended; 256B.0754, by adding a subdivision; 256B.0915, subdivision 3b; 256B.19, subdivision 1c; 256B.441, by adding a subdivision; 256B.5012, by adding a subdivision; 256B.69, subdivisions 20, as amended, 27, by adding subdivisions; 256B.692, subdivision 1; 256B.75; 256B.76, subdivisions 2, 4, by adding a subdivision; 256D.03, subdivision 3b; 256D.0515; 256D.425, subdivision 2; 256I.05, by adding a subdivision; 256J.20, subdivision 3; 256J.24, subdivision 10; 256J.37, subdivision 3a; 256J.39, by adding subdivisions; 256L.02, subdivision 3; 256L.03, subdivision 3, by adding a subdivision; 256L.04, subdivision 7; 256L.05, by adding a subdivision; 256L.07, subdivision 1, by adding a subdivision; 256L.12, subdivisions 5, 6, 9; 256L.15, subdivision 1; 290.01, subdivision 5, by adding a subdivision; 290.17, subdivision 4; 326B.43, subdivision 2; 626.556, subdivision 10i; 626.557, subdivision 9d; Minnesota Statutes 2009 Supplement, sections 62J.495, subdivisions 1a, 3, by adding a subdivision; 157.16, subdivision 3; 245A.11, subdivision 7b; 245C.27, subdivision 1; 246B.06, subdivision 6; 252.025, subdivision 7; 252.27, subdivision 2a; 256.045, subdivision 3; 256.969, subdivision 3a; 256B.056, subdivision 3c; 256B.0625, subdivisions 9, 13e; 256B.0653, subdivision 5; 256B.0911, subdivision 1a; 256B.0915, subdivision 3a; 256B.69, subdivisions 5a, 23; 256B.76, subdivision 1; 256B.766; 256D.03, subdivision 3, as amended; 256D.44, subdivision 5; 256J.425, subdivision 3; 256L.03, subdivision 5; 256L.11, subdivision 1; 289A.08, subdivision 3; 290.01, subdivisions 19c, 19d; 327.15, subdivision 3; Laws 2005, First Special Session chapter 4, article 8, section 66, as amended; Laws 2009, chapter 79, article 3, section 18; article 5, sections 17; 18; 22; 75, subdivision 1; 78, subdivision 5; article 8, sections 2; 51; 81; article 13, sections 3, subdivisions 1, as amended, 3, as amended, 4, as amended, 8, as amended; 5, subdivision 8, as amended; Laws 2009, chapter 173, article 1, section 17; Laws 2010, chapter 200, article 1, sections 12, subdivisions 5, 6, 7, 8; 13, subdivision 1b; 16; 21; article 2, section 2, subdivisions 1, 8; proposing coding for new law in Minnesota Statutes, chapters 62A; 62D; 62E; 62J; 62Q; 144; 245; 254B; 256; 256B; proposing coding for new law as Minnesota Statutes, chapter 62V; repealing Minnesota Statutes 2008, sections 254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4, 5, 7; 256D.03, subdivisions 3a, 3b, 5, 6, 7, 8; 290.01, subdivision 6b; 290.0921, subdivision 7; Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 3; Laws 2009, chapter 79, article 7, section 26, subdivision 3; Laws 2010, chapter 200, article 1, sections 12, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 18; 19.

 

May 12, 2010

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

We, the undersigned conferees for H. F. No. 2614 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendment and that H. F. No. 2614 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

HEALTH CARE

 

Section 1.  Minnesota Statutes 2008, section 256.9657, subdivision 2, is amended to read:


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Subd. 2.  Hospital surcharge.  (a) Effective October 1, 1992, each Minnesota hospital except facilities of the federal Indian Health Service and regional treatment centers shall pay to the medical assistance account a surcharge equal to 1.4 percent of net patient revenues excluding net Medicare revenues reported by that provider to the health care cost information system according to the schedule in subdivision 4.

 

(b) Effective July 1, 1994, the surcharge under paragraph (a) is increased to 1.56 percent. 

 

(c) Effective July 1, 2010, the surcharge under paragraph (b) is increased to 2.63 percent. 

 

(d) Effective October 1, 2011, the surcharge under paragraph (c) is reduced to 2.30 percent.

 

(e) Notwithstanding the Medicare cost finding and allowable cost principles, the hospital surcharge is not an allowable cost for purposes of rate setting under sections 256.9685 to 256.9695. 

 

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

 

Sec. 2.  Minnesota Statutes 2008, section 256.9657, subdivision 3, is amended to read:

 

Subd. 3.  Surcharge on HMOs and community integrated service networks.  (a) Effective October 1, 1992, each health maintenance organization with a certificate of authority issued by the commissioner of health under chapter 62D and each community integrated service network licensed by the commissioner under chapter 62N shall pay to the commissioner of human services a surcharge equal to six-tenths of one percent of the total premium revenues of the health maintenance organization or community integrated service network as reported to the commissioner of health according to the schedule in subdivision 4.

 

(b) Effective October 1, 2010, in addition to the surcharge under paragraph (a), each health maintenance organization shall pay to the commissioner a surcharge equal to 0.85 percent of total premium revenues and each county-based purchasing plan authorized under section 256B.692 shall pay to the commissioner a surcharge equal to 1.45 percent of the total premium revenues of the plan, as reported to the commissioner of health, according to the payment schedule in subdivision 4.  Notwithstanding section 256.9656, money collected under this paragraph shall be deposited in the health care access fund established in section 16A.724.

 

(c) For purposes of this subdivision, total premium revenue means:

 

(1) premium revenue recognized on a prepaid basis from individuals and groups for provision of a specified range of health services over a defined period of time which is normally one month, excluding premiums paid to a health maintenance organization or community integrated service network from the Federal Employees Health Benefit Program;

 

(2) premiums from Medicare wrap-around subscribers for health benefits which supplement Medicare coverage;

 

(3) Medicare revenue, as a result of an arrangement between a health maintenance organization or a community integrated service network and the Centers for Medicare and Medicaid Services of the federal Department of Health and Human Services, for services to a Medicare beneficiary, excluding Medicare revenue that states are prohibited from taxing under sections 1854, 1860D-12, and 1876 of title XVIII of the federal Social Security Act, codified as United States Code, title 42, sections 1395mm, 1395w-112, and 1395w-24, respectively, as they may be amended from time to time; and

 

(4) medical assistance revenue, as a result of an arrangement between a health maintenance organization or community integrated service network and a Medicaid state agency, for services to a medical assistance beneficiary.


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If advance payments are made under clause (1) or (2) to the health maintenance organization or community integrated service network for more than one reporting period, the portion of the payment that has not yet been earned must be treated as a liability.

 

(c) (d) When a health maintenance organization or community integrated service network merges or consolidates with or is acquired by another health maintenance organization or community integrated service network, the surviving corporation or the new corporation shall be responsible for the annual surcharge originally imposed on each of the entities or corporations subject to the merger, consolidation, or acquisition, regardless of whether one of the entities or corporations does not retain a certificate of authority under chapter 62D or a license under chapter 62N.

 

(d) (e) Effective July 1 of each year, the surviving corporation's or the new corporation's surcharge shall be based on the revenues earned in the second previous calendar year by all of the entities or corporations subject to the merger, consolidation, or acquisition regardless of whether one of the entities or corporations does not retain a certificate of authority under chapter 62D or a license under chapter 62N until the total premium revenues of the surviving corporation include the total premium revenues of all the merged entities as reported to the commissioner of health.

 

(e) (f) When a health maintenance organization or community integrated service network, which is subject to liability for the surcharge under this chapter, transfers, assigns, sells, leases, or disposes of all or substantially all of its property or assets, liability for the surcharge imposed by this chapter is imposed on the transferee, assignee, or buyer of the health maintenance organization or community integrated service network.

 

(f) (g) In the event a health maintenance organization or community integrated service network converts its licensure to a different type of entity subject to liability for the surcharge under this chapter, but survives in the same or substantially similar form, the surviving entity remains liable for the surcharge regardless of whether one of the entities or corporations does not retain a certificate of authority under chapter 62D or a license under chapter 62N.

 

(g) (h) The surcharge assessed to a health maintenance organization or community integrated service network ends when the entity ceases providing services for premiums and the cessation is not connected with a merger, consolidation, acquisition, or conversion.

 

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

 

Sec. 3.  Minnesota Statutes 2009 Supplement, section 256.969, subdivision 2b, is amended to read:

 

Subd. 2b.  Operating payment rates.  In determining operating payment rates for admissions occurring on or after the rate year beginning January 1, 1991, and every two years after, or more frequently as determined by the commissioner, the commissioner shall obtain operating data from an updated base year and establish operating payment rates per admission for each hospital based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year.  Rates under the general assistance medical care, medical assistance, and MinnesotaCare programs shall not be rebased to more current data on January 1, 1997, January 1, 2005, for the first 24 months of the rebased period beginning January 1, 2009.  For the first three 24 months of the rebased period beginning January 1, 2011, rates shall not be rebased at 74.25 percent of the full value of the rebasing percentage change.  From April 1, 2011, to March 31, 2012, rates shall be rebased at 39.2 percent of the full value of the rebasing percentage change, except that a Minnesota long-term hospital shall be rebased effective January 1, 2011, based on its most recent Medicare cost report ending on or before September 1, 2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on December 31, 2010.  For subsequent rate setting periods in which the base years are updated, a Minnesota long-term hospital's base year shall remain within the same period as other hospitals.  Effective April 1, 2012 January 1, 2013, rates shall be rebased at full value.  The base year operating payment rate per admission is standardized by the case mix index and adjusted by the hospital cost index,


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relative values, and disproportionate population adjustment.  The cost and charge data used to establish operating rates shall only reflect inpatient services covered by medical assistance and shall not include property cost information and costs recognized in outlier payments.

 

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

 

Sec. 4.  Minnesota Statutes 2009 Supplement, section 256.969, subdivision 3a, is amended to read:

 

Subd. 3a.  Payments.  (a) Acute care hospital billings under the medical assistance program must not be submitted until the recipient is discharged.  However, the commissioner shall establish monthly interim payments for inpatient hospitals that have individual patient lengths of stay over 30 days regardless of diagnostic category.  Except as provided in section 256.9693, medical assistance reimbursement for treatment of mental illness shall be reimbursed based on diagnostic classifications.  Individual hospital payments established under this section and sections 256.9685, 256.9686, and 256.9695, in addition to third party and recipient liability, for discharges occurring during the rate year shall not exceed, in aggregate, the charges for the medical assistance covered inpatient services paid for the same period of time to the hospital.  This payment limitation shall be calculated separately for medical assistance and general assistance medical care services.  The limitation on general assistance medical care shall be effective for admissions occurring on or after July 1, 1991.  Services that have rates established under subdivision 11 or 12, must be limited separately from other services.  After consulting with the affected hospitals, the commissioner may consider related hospitals one entity and may merge the payment rates while maintaining separate provider numbers.  The operating and property base rates per admission or per day shall be derived from the best Medicare and claims data available when rates are established.  The commissioner shall determine the best Medicare and claims data, taking into consideration variables of recency of the data, audit disposition, settlement status, and the ability to set rates in a timely manner.  The commissioner shall notify hospitals of payment rates by December 1 of the year preceding the rate year.  The rate setting data must reflect the admissions data used to establish relative values.  Base year changes from 1981 to the base year established for the rate year beginning January 1, 1991, and for subsequent rate years, shall not be limited to the limits ending June 30, 1987, on the maximum rate of increase under subdivision 1.  The commissioner may adjust base year cost, relative value, and case mix index data to exclude the costs of services that have been discontinued by the October 1 of the year preceding the rate year or that are paid separately from inpatient services.  Inpatient stays that encompass portions of two or more rate years shall have payments established based on payment rates in effect at the time of admission unless the date of admission preceded the rate year in effect by six months or more.  In this case, operating payment rates for services rendered during the rate year in effect and established based on the date of admission shall be adjusted to the rate year in effect by the hospital cost index.

 

(b) For fee-for-service admissions occurring on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for inpatient services is reduced by .5 percent from the current statutory rates.

 

(c) In addition to the reduction in paragraph (b), the total payment for fee-for-service admissions occurring on or after July 1, 2003, made to hospitals for inpatient services before third-party liability and spenddown, is reduced five percent from the current statutory rates.  Mental health services within diagnosis related groups 424 to 432, and facilities defined under subdivision 16 are excluded from this paragraph.

 

(d) In addition to the reduction in paragraphs (b) and (c), the total payment for fee-for-service admissions occurring on or after August 1, 2005, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 6.0 percent from the current statutory rates.  Mental health services within diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.  Notwithstanding section 256.9686, subdivision 7, for purposes of this paragraph, medical assistance does not include general assistance medical care.  Payments made to managed care plans shall be reduced for services provided on or after January 1, 2006, to reflect this reduction.


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(e) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2008, through June 30, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 3.46 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after January 1, 2009, through June 30, 2009, to reflect this reduction.

 

(f) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2009, through June 30, 2010, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.9 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after July 1, 2009, through June 30, 2010, to reflect this reduction.

 

(g) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2010, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.79 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after July 1, 2010, to reflect this reduction.

 

(h) In addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total payment for fee-for-service admissions occurring on or after July 1, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced one percent from the current statutory rates.  Facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after October 1, 2009, to reflect this reduction.

 

(i) In order to offset the ratable reductions provided for in this subdivision, the total payment rate for medical assistance fee-for-service admissions occurring on or after July 1, 2010, to June 30, 2011, made to Minnesota hospitals for inpatient services before third-party liability and spenddown, shall be increased by five percent from the current statutory rates.  Effective July 1, 2011, the rate increase under this paragraph shall be reduced to 1.96 percent.  For purposes of this paragraph, medical assistance does not include general assistance medical care.  The commissioner shall not adjust rates paid to a prepaid health plan under contract with the commissioner to reflect payments provided in this paragraph.  The commissioner may utilize a settlement process to adjust rates in excess of the Medicare upper limits on payments.

 

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

 

Sec. 5.  Minnesota Statutes 2008, section 256.969, subdivision 21, is amended to read:

 

Subd. 21.  Mental health or chemical dependency admissions; rates.  (a) Admissions under the general assistance medical care program occurring on or after July 1, 1990, and admissions under medical assistance, excluding general assistance medical care, occurring on or after July 1, 1990, and on or before September 30, 1992, that are classified to a diagnostic category of mental health or chemical dependency shall have rates established according to the methods of subdivision 14, except the per day rate shall be multiplied by a factor of 2, provided that the total of the per day rates shall not exceed the per admission rate.  This methodology shall also apply when a hold or commitment is ordered by the court for the days that inpatient hospital services are medically necessary.  Stays which are medically necessary for inpatient hospital services and covered by medical assistance shall not be billable to any other governmental entity.  Medical necessity shall be determined under criteria established to meet the requirements of section 256B.04, subdivision 15, or 256D.03, subdivision 7, paragraph (b). 


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(b) In order to ensure adequate access for the provision of mental health services and to encourage broader delivery of these services outside the nonstate governmental hospital setting, payment rates for medical assistance admissions occurring on or after July 1, 2010, at a Minnesota private, not-for-profit hospital above the 75th percentile of all Minnesota private, nonprofit hospitals for diagnosis-related groups 424 to 432 and 521 to 523 admissions paid by medical assistance for admissions occurring in calendar year 2007, shall be increased for these diagnosis-related groups at a percentage calculated to cost not more than $10,000,000 each fiscal year, including state and federal shares.  For purposes of this paragraph, medical assistance does not include general assistance medical care.  The commissioner shall not adjust rates paid to a prepaid health plan under contract with the commissioner to reflect payments provided in this paragraph.  The commissioner may utilize a settlement process to adjust rates in excess of the Medicare upper limits on payments. 

 

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

 

Sec. 6.  Minnesota Statutes 2008, section 256.969, subdivision 26, is amended to read:

 

Subd. 26.  Greater Minnesota payment adjustment after June 30, 2001.  (a) For admissions occurring after June 30, 2001, the commissioner shall pay fee-for-service inpatient admissions for the diagnosis-related groups specified in paragraph (b) at hospitals located outside of the seven-county metropolitan area at the higher of:

 

(1) the hospital's current payment rate for the diagnostic category to which the diagnosis-related group belongs, exclusive of disproportionate population adjustments received under subdivision 9 and hospital payment adjustments received under subdivision 23; or

 

(2) 90 percent of the average payment rate for that diagnostic category for hospitals located within the seven-county metropolitan area, exclusive of disproportionate population adjustments received under subdivision 9 and hospital payment adjustments received under subdivisions 20 and 23.

 

(b) The payment increases provided in paragraph (a) apply to the following diagnosis-related groups, as they fall within the diagnostic categories:

 

(1) 370 cesarean section with complicating diagnosis;

 

(2) 371 cesarean section without complicating diagnosis;

 

(3) 372 vaginal delivery with complicating diagnosis;

 

(4) 373 vaginal delivery without complicating diagnosis;

 

(5) 386 extreme immaturity and respiratory distress syndrome, neonate;

 

(6) 388 full-term neonates with other problems;

 

(7) 390 prematurity without major problems;

 

(8) 391 normal newborn;

 

(9) 385 neonate, died or transferred to another acute care facility;

 

(10) 425 acute adjustment reaction and psychosocial dysfunction;

 

(11) 430 psychoses;


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(12) 431 childhood mental disorders; and

 

(13) 164-167 appendectomy.

 

(c) For medical assistance admissions occurring on or after July 1, 2010, the payment rate under paragraph (a), clause (2), shall be increased to 100 percent from 90 percent.  For purposes of this paragraph, medical assistance does not include general assistance medical care.  The commissioner shall not adjust rates paid to a prepaid health plan under contract with the commissioner to reflect payments provided in this paragraph.  The commissioner may utilize a settlement process to adjust rates in excess of the Medicare upper limits on payments. 

 

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

 

Sec. 7.  Minnesota Statutes 2008, section 256.969, is amended by adding a subdivision to read:

 

Subd. 31.  Hospital payment adjustment after June 30, 2010.  (a) For medical assistance admissions occurring on or after July 1, 2010, to March 31, 2011, the commissioner shall increase rates at Minnesota private, not-for-profit hospitals as follows:

 

(1) for a hospital with total admissions reimbursed by government payers equal to or greater than 50 percent, payment rates for inpatient hospital services shall be increased for each admission by $250 multiplied by 437 percent;

 

(2) for a hospital with total admissions reimbursed by government payers equal to or greater than 40 percent but less than 50 percent, payment rates for inpatient hospital services shall be increased for each admission by $250 multiplied by 349.6 percent; and

 

(3) for a hospital with total admissions reimbursed by government payers of less than 40 percent, payment rates for inpatient hospital services shall be increased for each admission by $250 multiplied by 262.2 percent.

 

(b) For medical assistance admissions occurring on or after April 1, 2011, the commissioner shall increase rates at Minnesota private, not-for-profit hospitals as follows:

 

(1) for a hospital with total admissions reimbursed by government payers equal to or greater than 50 percent, payment rates for inpatient hospital services shall be increased for each admission by $250 multiplied by 145 percent;

 

(2) for a hospital with total admissions reimbursed by government payers equal to or greater than 40 percent but less than 50 percent, payment rates for inpatient hospital services shall be increased for each admission by $250 multiplied by 116 percent; and

 

(3) for a hospital with total admissions reimbursed by government payers of less than 40 percent, payment rates for inpatient hospital services shall be increased for each admission by $250 multiplied by 87 percent.

 

(c) For purposes of paragraphs (a) and (b), "government payers" means Medicare, medical assistance, MinnesotaCare, and general assistance medical care.

 

(d) For medical assistance admissions occurring on or after July 1, 2010, to March 31, 2011, the commissioner shall increase rates for inpatient hospital services at Minnesota hospitals by $850 for each admission.  For medical assistance admissions occurring on or after April 1, 2011, the payment under this paragraph shall be reduced to $320 per admission.


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(e) For purposes of this subdivision, medical assistance does not include general assistance medical care.  The commissioner shall not adjust rates paid to a prepaid health plan under contract with the commissioner to reflect payments provided in this subdivision.  The commissioner may utilize a settlement process to adjust rates in excess of the Medicare upper limits on payments.

 

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

 

Sec. 8.  Minnesota Statutes 2008, section 256B.055, is amended by adding a subdivision to read:

 

Subd. 15.  Adults without children.  Medical assistance may be paid for a person who is:

 

(1) at least age 21 and under age 65;

 

(2) not pregnant;

 

(3) not entitled to Medicare Part A or enrolled in Medicare Part B under Title XVIII of the Social Security Act;

 

(4) not an adult in a family with children as defined in section 256L.01, subdivision 3a; and

 

(5) not described in another subdivision of this section.

 

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

 

Sec. 9.  Minnesota Statutes 2008, section 256B.056, subdivision 3, is amended to read:

 

Subd. 3.  Asset limitations for individuals and families.  (a) To be eligible for medical assistance, a person must not individually own more than $3,000 in assets, or if a member of a household with two family members, husband and wife, or parent and child, the household must not own more than $6,000 in assets, plus $200 for each additional legal dependent.  In addition to these maximum amounts, an eligible individual or family may accrue interest on these amounts, but they must be reduced to the maximum at the time of an eligibility redetermination.  The accumulation of the clothing and personal needs allowance according to section 256B.35 must also be reduced to the maximum at the time of the eligibility redetermination.  The value of assets that are not considered in determining eligibility for medical assistance is the value of those assets excluded under the supplemental security income program for aged, blind, and disabled persons, with the following exceptions: 

 

(1) household goods and personal effects are not considered;

 

(2) capital and operating assets of a trade or business that the local agency determines are necessary to the person's ability to earn an income are not considered;

 

(3) motor vehicles are excluded to the same extent excluded by the supplemental security income program;

 

(4) assets designated as burial expenses are excluded to the same extent excluded by the supplemental security income program.  Burial expenses funded by annuity contracts or life insurance policies must irrevocably designate the individual's estate as contingent beneficiary to the extent proceeds are not used for payment of selected burial expenses; and

 

(5) effective upon federal approval, for a person who no longer qualifies as an employed person with a disability due to loss of earnings, assets allowed while eligible for medical assistance under section 256B.057, subdivision 9, are not considered for 12 months, beginning with the first month of ineligibility as an employed person with a disability, to the extent that the person's total assets remain within the allowed limits of section 256B.057, subdivision 9, paragraph (c).


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(b) No asset limit shall apply to persons eligible under section 256B.055, subdivision 15.

 

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

 

Sec. 10.  Minnesota Statutes 2008, section 256B.056, subdivision 4, is amended to read:

 

Subd. 4.  Income.  (a) To be eligible for medical assistance, a person eligible under section 256B.055, subdivisions 7, 7a, and 12, may have income up to 100 percent of the federal poverty guidelines.  Effective January 1, 2000, and each successive January, recipients of supplemental security income may have an income up to the supplemental security income standard in effect on that date. 

 

(b) To be eligible for medical assistance, families and children may have an income up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996, AFDC state plan.  Effective July 1, 2000, the base AFDC standard in effect on July 16, 1996, shall be increased by three percent.

 

(c) Effective July 1, 2002, to be eligible for medical assistance, families and children may have an income up to 100 percent of the federal poverty guidelines for the family size.

 

(d) Effective June 1, 2010, to be eligible for medical assistance under section 256B.055, subdivision 15, a person may have an income up to 75 percent of federal poverty guidelines for the family size.

 

(e) In computing income to determine eligibility of persons under paragraphs (a) to (c) (d) who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Law Numbers 94-566, section 503; 99-272; and 99-509.  Veterans aid and attendance benefits and Veterans Administration unusual medical expense payments are considered income to the recipient.

 

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

 

Sec. 11.  Minnesota Statutes 2008, section 256B.0625, subdivision 8, is amended to read:

 

Subd. 8.  Physical therapy.  Medical assistance covers physical therapy and related services, including specialized maintenance therapy.  Authorization by the commissioner is required to provide medically necessary services to a recipient beyond any of the following onetime service thresholds, or a lower threshold where one has been established by the commissioner for a specified service:  (1) 80 units of any approved CPT code other than modalities; (2) 20 modality sessions; and (3) three evaluations or reevaluations.  Services provided by a physical therapy assistant shall be reimbursed at the same rate as services performed by a physical therapist when the services of the physical therapy assistant are provided under the direction of a physical therapist who is on the premises.  Services provided by a physical therapy assistant that are provided under the direction of a physical therapist who is not on the premises shall be reimbursed at 65 percent of the physical therapist rate.

 

EFFECTIVE DATE.  This section is effective July 1, 2010, for services provided through fee-for-service, and January 1, 2011, for services provided through managed care.

 

Sec. 12.  Minnesota Statutes 2008, section 256B.0625, subdivision 8a, is amended to read:

 

Subd. 8a.  Occupational therapy.  Medical assistance covers occupational therapy and related services, including specialized maintenance therapy.  Authorization by the commissioner is required to provide medically necessary services to a recipient beyond any of the following onetime service thresholds, or a lower threshold where one has been established by the commissioner for a specified service:  (1) 120 units of any combination of approved CPT codes; and (2) two evaluations or reevaluations.  Services provided by an occupational therapy assistant shall be reimbursed at the same rate as services performed by an occupational therapist when the services of the


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occupational therapy assistant are provided under the direction of the occupational therapist who is on the premises.  Services provided by an occupational therapy assistant that are provided under the direction of an occupational therapist who is not on the premises shall be reimbursed at 65 percent of the occupational therapist rate.

 

EFFECTIVE DATE.  This section is effective July 1, 2010, for services provided through fee-for-service, and January 1, 2011, for services provided through managed care.

 

Sec. 13.  Minnesota Statutes 2008, section 256B.0625, subdivision 8b, is amended to read:

 

Subd. 8b.  Speech language pathology and audiology services.  Medical assistance covers speech language pathology and related services, including specialized maintenance therapy.  Authorization by the commissioner is required to provide medically necessary services to a recipient beyond any of the following onetime service thresholds, or a lower threshold where one has been established by the commissioner for a specified service:  (1) 50 treatment sessions with any combination of approved CPT codes; and (2) one evaluation.  Medical assistance covers audiology services and related services.  Services provided by a person who has been issued a temporary registration under section 148.5161 shall be reimbursed at the same rate as services performed by a speech language pathologist or audiologist as long as the requirements of section 148.5161, subdivision 3, are met. 

 

EFFECTIVE DATE.  This section is effective July 1, 2010, for services provided through fee-for-service, and January 1, 2011, for services provided through managed care.

 

Sec. 14.  Minnesota Statutes 2008, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 8d.  Chiropractic services.  Payment for chiropractic services is limited to one annual evaluation and 12 visits per year unless prior authorization of a greater number of visits is obtained.

 

Sec. 15.  Minnesota Statutes 2009 Supplement, section 256B.0625, subdivision 13h, is amended to read:

 

Subd. 13h.  Medication therapy management services.  (a) Medical assistance and general assistance medical care cover medication therapy management services for a recipient taking four or more prescriptions to treat or prevent two or more chronic medical conditions, or a recipient with a drug therapy problem that is identified or prior authorized by the commissioner that has resulted or is likely to result in significant nondrug program costs.  The commissioner may cover medical therapy management services under MinnesotaCare if the commissioner determines this is cost-effective.  For purposes of this subdivision, "medication therapy management" means the provision of the following pharmaceutical care services by a licensed pharmacist to optimize the therapeutic outcomes of the patient's medications:

 

(1) performing or obtaining necessary assessments of the patient's health status;

 

(2) formulating a medication treatment plan;

 

(3) monitoring and evaluating the patient's response to therapy, including safety and effectiveness;

 

(4) performing a comprehensive medication review to identify, resolve, and prevent medication-related problems, including adverse drug events;

 

(5) documenting the care delivered and communicating essential information to the patient's other primary care providers;

 

(6) providing verbal education and training designed to enhance patient understanding and appropriate use of the patient's medications;


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(7) providing information, support services, and resources designed to enhance patient adherence with the patient's therapeutic regimens; and

 

(8) coordinating and integrating medication therapy management services within the broader health care management services being provided to the patient.

 

Nothing in this subdivision shall be construed to expand or modify the scope of practice of the pharmacist as defined in section 151.01, subdivision 27.

 

(b) To be eligible for reimbursement for services under this subdivision, a pharmacist must meet the following requirements:

 

(1) have a valid license issued under chapter 151;

 

(2) have graduated from an accredited college of pharmacy on or after May 1996, or completed a structured and comprehensive education program approved by the Board of Pharmacy and the American Council of Pharmaceutical Education for the provision and documentation of pharmaceutical care management services that has both clinical and didactic elements;

 

(3) be practicing in an ambulatory care setting as part of a multidisciplinary team or have developed a structured patient care process that is offered in a private or semiprivate patient care area that is separate from the commercial business that also occurs in the setting, or in home settings, excluding long-term care and group homes, if the service is ordered by the provider-directed care coordination team; and

 

(4) make use of an electronic patient record system that meets state standards.

 

(c) For purposes of reimbursement for medication therapy management services, the commissioner may enroll individual pharmacists as medical assistance and general assistance medical care providers.  The commissioner may also establish contact requirements between the pharmacist and recipient, including limiting the number of reimbursable consultations per recipient.

 

(d) If there are no pharmacists who meet the requirements of paragraph (b) practicing within a reasonable geographic distance of the patient, a pharmacist who meets the requirements may provide the services via two-way interactive video.  Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to the services provided.  To qualify for reimbursement under this paragraph, the pharmacist providing the services must meet the requirements of paragraph (b), and must be located within an ambulatory care setting approved by the commissioner.  The patient must also be located within an ambulatory care setting approved by the commissioner.  Services provided under this paragraph may not be transmitted into the patient's residence.

 

(e) The commissioner shall establish a pilot project for an intensive medication therapy management program for patients identified by the commissioner with multiple chronic conditions and a high number of medications who are at high risk of preventable hospitalizations, emergency room use, medication complications, and suboptimal treatment outcomes due to medication-related problems.  For purposes of the pilot project, medication therapy management services may be provided in a patient's home or community setting, in addition to other authorized settings.  The commissioner may waive existing payment policies and establish special payment rates for the pilot project.  The pilot project must be designed to produce a net savings to the state compared to the estimated costs that would otherwise be incurred for similar patients without the program.  The pilot project must begin by January 1, 2010, and end June 30, 2012.

 

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


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Sec. 16.  Minnesota Statutes 2008, section 256B.0625, subdivision 18a, is amended to read:

 

Subd. 18a.  Access to medical services.  (a) Medical assistance reimbursement for meals for persons traveling to receive medical care may not exceed $5.50 for breakfast, $6.50 for lunch, or $8 for dinner.

 

(b) Medical assistance reimbursement for lodging for persons traveling to receive medical care may not exceed $50 per day unless prior authorized by the local agency.

 

(c) Medical assistance direct mileage reimbursement to the eligible person or the eligible person's driver may not exceed 20 cents per mile.

 

(d) Regardless of the number of employees that an enrolled health care provider may have, medical assistance covers sign and oral language interpreter services when provided by an enrolled health care provider during the course of providing a direct, person-to-person covered health care service to an enrolled recipient with limited English proficiency or who has a hearing loss and uses interpreting services.  Coverage for face-to-face oral language interpreter services shall be provided only if the oral language interpreter used by the enrolled health care provider is listed in the registry or roster established under section 144.058.

 

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

 

Sec. 17.  Minnesota Statutes 2008, section 256B.0625, subdivision 31, is amended to read:

 

Subd. 31.  Medical supplies and equipment.  Medical assistance covers medical supplies and equipment.  Separate payment outside of the facility's payment rate shall be made for wheelchairs and wheelchair accessories for recipients who are residents of intermediate care facilities for the developmentally disabled.  Reimbursement for wheelchairs and wheelchair accessories for ICF/MR recipients shall be subject to the same conditions and limitations as coverage for recipients who do not reside in institutions.  A wheelchair purchased outside of the facility's payment rate is the property of the recipient.  The commissioner may set reimbursement rates for specified categories of medical supplies at levels below the Medicare payment rate.

 

Sec. 18.  Minnesota Statutes 2008, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 54.  Services provided in birth centers.  (a) Medical assistance covers services provided in a licensed birth center by a licensed health professional if the service would otherwise be covered if provided in a hospital.

 

(b) Facility services provided by a birth center shall be paid at the lower of billed charges or 70 percent of the statewide average for a facility payment rate made to a hospital for an uncomplicated vaginal birth as determined using the most recent calendar year for which complete claims data is available.  If a recipient is transported from a birth center to a hospital prior to the delivery, the payment for facility services to the birth center shall be the lower of billed charges or 15 percent of the average facility payment made to a hospital for the services provided for an uncomplicated vaginal delivery as determined using the most recent calendar year for which complete claims data is available.

 

(c) Nursery care services provided by a birth center shall be paid the lower of billed charges or 70 percent of the statewide average for a payment rate paid to a hospital for nursery care as determined by using the most recent calendar year for which complete claims data is available.

 

(d) Professional services provided by traditional midwives licensed under chapter 147D shall be paid at the lower of billed charges or 100 percent of the rate paid to a physician performing the same services.  If a recipient is transported from a birth center to a hospital prior to the delivery, a licensed traditional midwife who does not perform the delivery may not bill for any delivery services.  Services are not covered if provided by an unlicensed traditional midwife.


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(e) The commissioner shall apply for any necessary waivers from the Centers for Medicare and Medicaid Services to allow birth centers and birth center providers to be reimbursed.

 

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

 

Sec. 19.  Minnesota Statutes 2008, section 256B.0631, subdivision 1, is amended to read:

 

Subdivision 1.  Co-payments.  (a) Except as provided in subdivision 2, the medical assistance benefit plan shall include the following co-payments for all recipients, effective for services provided on or after October 1, 2003, and before January 1, 2009:

 

(1) $3 per nonpreventive visit.  For purposes of this subdivision, a visit means an episode of service which is required because of a recipient's symptoms, diagnosis, or established illness, and which is delivered in an ambulatory setting by a physician or physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or optometrist;

 

(2) $3 for eyeglasses;

 

(3) $6 for nonemergency visits to a hospital-based emergency room; and

 

(4) $3 per brand-name drug prescription and $1 per generic drug prescription, subject to a $12 per month maximum for prescription drug co-payments.  No co-payments shall apply to antipsychotic drugs when used for the treatment of mental illness.

 

(b) Except as provided in subdivision 2, the medical assistance benefit plan shall include the following co-payments for all recipients, effective for services provided on or after January 1, 2009:

 

(1) $6 $3.50 for nonemergency visits to a hospital-based emergency room;

 

(2) $3 per brand-name drug prescription and $1 per generic drug prescription, subject to a $7 per month maximum for prescription drug co-payments.  No co-payments shall apply to antipsychotic drugs when used for the treatment of mental illness; and

 

(3) for individuals identified by the commissioner with income at or below 100 percent of the federal poverty guidelines, total monthly co-payments must not exceed five percent of family income.  For purposes of this paragraph, family income is the total earned and unearned income of the individual and the individual's spouse, if the spouse is enrolled in medical assistance and also subject to the five percent limit on co-payments.

 

(c) Recipients of medical assistance are responsible for all co-payments in this subdivision.