Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Tom Bottern
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 1695 - DNR Policy Bill (Delete Everything Amendment)
 
Author: Senator Carrie Ruud
 
Prepared By: Ben Stanley, Senate Counsel (651/296-4793)
 
Date: March 13, 2017



 

Section 1 [Appointment of legal counsel] authorizes the commissioner to appoint attorneys or outside counsel to render title opinions, to represent the department in severed mineral interest forfeiture actions, and to represent the department in quiet title or title registration actions affecting real property interests in land administered by the commissioner.

Section 2 [Exemption from registration of certain off-highway motorcycles registered in another state] exempts from registration requirements off-highway motorcycles that are operated on boundary trails and registered in another state or country that has reciprocal exemptions.

Section 3 [Eligibility for off-highway motorcycle safety certificates] clarifies that operators of off-highway motorcycles must be at least 12 years old to receive a safety certificate upon completion of an off-highway motorcycle environment and safety education and training course.

Section 4 [Removal of cap on off-highway motorcycle safety training fee] removes the cap on the fee charged to those who receive off-highway motorcycle environment and safety education and training and exempts the setting of that fee, and the fee for receipt of a duplicate safety certificate, from formal rulemaking.

Section 5 [Written explanation of denial of off-road vehicle grant-in-aid application] requires the commissioner to provide a written explanation of any denial an off-road vehicle grant-in-aid application.

Section 6 [Additional allowable use of NRAPR funds] authorizes natural resources asset preservation and replacement money to be used to remove life safety hazards and to fix building code violations and structural defects in capital assets of the department.

 

Section 7 [Report on use of NRAPR funds] requires the commissioner to establish priorities for use of NRAPR funds and to report annually to the commissioner of management and budget a list of projects that received NRAPR funding during the prior calendar year.

Section 8 [Flexibility in assignment of Naturalist Corps mentors] provides that the naturalist mentor assigned to each Minnesota Naturalist Corps member need only be an interpretive naturalist and not necessarily a state parks naturalist.

Section 9 [Uniform pin required for Naturalist Corps] changes the requirement that uniforms of members of the Naturalist Corps bear a patch that includes the name of the Corps into a requirement that uniforms bear a pin with that designation.

Section 10 [Changes in eligibility for Naturalist Corps] limits eligibility for Naturalist Corps membership to those who participate in approved college internship programs, but broadens the type of eligible internships to those in a field related to natural resources, cultural history, interpretation, or conversation.

Section 11 [Naturalist Corps members ineligible for unemployment benefits] makes all Naturalist Corps members ineligible for unemployment benefits. Currently, they are ineligible only if their employment constitutes noncovered employment under Minnesota’s unemployment statutes.

Section 12 [Bait for sale cannot be held in infested waters] generally prohibits the holding of bait intended for sale in infested waters.

Section 13 [Use of commercial fishing equipment in infested waters] allows the use in other waters of specified equipment used to commercially fish infested waters once the equipment is decontaminated. Current law permanently prohibits the use of such equipment in non-infested waters.

Section 14 [Greater specificity in classification of nonnative species] requires greater specificity in the classification by the commissioner of nonnative species of aquatic plants and wild animals.

Section 15 [Transportation of prohibited invasive species from riparian property] authorizes the transportation of a prohibited invasive species from riparian property to a disposal site that is at least 100 feet from any surface water, ditch, or seasonally flooded land if the transportation is by vehicle specifically designed to haul trash.

Section 16 [Expansion of authority to return certain water-related equipment to Lake Minnetonka] expands to municipalities bordering the Lake Minnetonka Conservation District the area in which service providers returning water-related equipment that previously had zebra mussels into Lake Minnetonka may be based.

Section 17 [Gull Lake pilot study] authorizes the commissioner to conduct a targeted pilot study to include water-related equipment with zebra mussels attached at certain access sites. The authority to conduct the study expires on December 1, 2019.

Section 18 [Issuance of permit to tag and release certain fish] authorizes the commissioner to issue a permit to departmental divisions to tag and release certain species of fish for research and control. This authority expires on December 31, 2021.

Section 19 [Process for designation of state water trails] requires the commissioner to establish criteria and a process for designating new state water trails and makes changes to the bodies of water on which state water trails may be established.

Section 20 [Watercraft floatation device requirements] amends requirement that all persons on board a personal watercraft have a floatation device so that the floatation device is no longer required to be approved for water skiing.

Section 21 [Prohibition on use of certain lights on watercraft] prohibits the use of lights on watercraft that are not approved navigation lights if the lights interfere with the visibility of required navigation lights or are red, green, or blue. This section also provides exceptions for certain public safety and law enforcement activities.

Section 22 [Form of auxiliary forest supplemental agreements] deletes the requirement that supplemental agreements to make auxiliary forest contracts subject to subsequently enacted laws be in a form approved by the Attorney General.

Section 23 [Tree planting stock purchase agreement format approval] deletes the requirement that the Attorney General approve the format of agreements entered into by those who purchase tree planting stock from the commissioner.

Section 24 [Settlement of casual trespass on state land claims] deletes the requirement that commissioner notify the Attorney General about settlement of state claims of casual and involuntary trespass on state lands or timber.

Section 25 [Form of bond obtained for state timber appraisal and sales employee] deletes the requirement that the Attorney General approve the form of the bond required to be obtained for the departmental employee delegated to supervise state timber appraisals and sales.

Section 26 [Form of election to accept state appraiser’s estimate of timber volume] deletes the requirement that the Attorney General prescribe the form a purchaser of state timber may use to elect to purchase a permit based solely on the state appraiser’s estimate of the volume of timber described in the permit.

Section 27 [Form of permit to enter state land and remove timber] deletes the requirement that the Attorney General approve the form of the permit issued to purchasers of state timber authorizing entrance onto state land and removal of the timber that is subject to the permit.

Section 28 [Form of surety given to state by timber purchaser] deletes the requirement that the Attorney General approve the form of a surety provided to the state by the purchaser of state timber in lieu of a security deposit.

Section 29 [Form of scaling, weight scale agreements] deletes the requirement that the Attorney General approve the form of scaling agreements and of agreements to use weight scales owned by others for state timber scaling purposes.

Section 30 [Class A land to be acquired by state through a land exchange] deletes the requirement that the Attorney General provide a written opinion that the title to class A land proposed to be acquired by the State as part of a land exchange is good and marketable. This is replaced with a requirement that the commissioner merely determine that the title is good. This section also authorizes the commissioner to acquire title insurance.

Section 31 [Class B land to be acquired through a land exchange] deletes the requirement that a county attorney’s opinion on the quality of title in class B land proposed to be acquired through a land exchange is subject to the approval of the Attorney General. Instead, it would be subject to the approval of the commissioner.

Section 32 [Definition of protected wild animals] adds the following to the definition of “protected wild animals”: bats, snakes, salamanders, lizards, any animal species listed as endangered, threated, or of special concern in Minnesota Rules, chapter 6134.

Section 33 [Definition of rough fish] removes from the definition of “rough fish” any fish species listed as endangered, threated or of special concern in Minnesota Rules, chapter 6134.

Section 34 [Definition of small game] adds the long-tailed weasel to the definition of “small game.”

Section 35 [Definition of unprotected birds] removes magpies and blackbirds from the definition of “unprotected birds.”

Section 36 [Definition of unprotected wild animals] removes the following from the definition of unprotected wild animals: weasels, gophers that are not plains pocket gophers, and any animal species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 6134.

Section 37 [Form of reciprocal game and fish agreements] deletes the requirement that the Attorney General approve reciprocal agreements with federal or other state game and fish authorities.

Section 38 [Bear hunting permit reservation for a member of a Minnesota veterans home] requires the commissioner to reserve one permit for, and give first preference to, a resident of a Minnesota veterans home if the commissioner limits the number of persons that may hunt bear in an area.

Section 39 [First aid or CPR training not a prerequisite for bear-hunting outfitter licensure] prohibits the commissioner from requiring a person to have certification or training in first aid or CPR as a prerequisite to obtaining a bear-hunting outfitter license.

Section 40 [Taking of certain animals causing damage] authorizes owners or occupiers of land, and their agents, to take bats, snakes, salamanders, lizards, and weasel if the animals are causing damage. 

Section 41 [Deletion of prohibition on possessing more than one large Northern Pike] deletes prohibition on possession of more than one Northern Pike that is more than 30 inches. 

Section 42 [Harvesting mussel shells] prohibits harvesting of live mussel shells. Allows limited taking by hand of dead freshwater mussels by those who possess a valid angling license (or who are not required to have one). Prohibits sale of mussel shells.

Section 43 [Stipulations in civil actions relating to bodies of water] removes the requirement for Attorney General approval of state stipulations related to the location of the ordinary low-water mark on riparian land that is the subject of a civil action relating to the navigability or ownership of the bed of the adjacent body of water.

Section 44 [Deeming of certain trails and portages as dedicated for public use] changes the statute that deems certain trails or portages to have been dedicated to the public to forest trails on established canoe routes, rather than state water trails.

Section 45 [Repealer] repeals the following statutes and rules:

  • 84.026, subdivision 3 (Requires contractual and grant agreements to provide natural resources services to comply with section 16C.05)
  • 97C.701, subdivisions 1a and 6 (Taking mussels)
  • 97C.705 (Mussel seasons)
  • 97C.711 (Undersized mussels)
  • Most of Rules Chapter 6258 (Mussels)
 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 03/13/2017
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn