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SF 2904

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2024 04:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; modifying environment and natural resources laws;
modifying forestry laws; modifying game and fish laws; modifying water law;
requiring reports; making technical corrections; amending Minnesota Statutes
2022, sections 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision;
84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; 84.922,
subdivision 4; 84.992, subdivisions 2, 5; 85.015, subdivision 10; 85.052, subdivision
6; 89A.11; 90.181, subdivision 2; 97A.015, subdivision 51; 97A.031; 97A.126;
97A.137, subdivisions 3, 5; 97A.401, subdivision 1, by adding a subdivision;
97A.405, subdivision 5; 97A.421, subdivision 3; 97B.031, subdivision 1; 97B.071;
97B.301, subdivisions 2, 6; 97B.318, subdivision 1; 97B.668; 97C.041; 97C.315,
subdivision 1; 97C.345, subdivision 1; 97C.371, subdivisions 1, 2, 4; 97C.395,
subdivision 1; 97C.601, subdivision 1; 97C.836; 103G.005, by adding subdivisions;
103G.287, subdivision 2; 103G.299, subdivisions 1, 2, 5, 10; 103G.301,
subdivisions 6, 7; 115.061; proposing coding for new law in Minnesota Statutes,
chapters 11A; 97C; 103G; repealing Minnesota Statutes 2022, section 97C.055;
Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [11A.236] ACCOUNT TO INVEST FINANCIAL ASSURANCE MONEY
FROM PERMITS TO MINE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; appropriation. new text end

new text begin (a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account is restricted
to the financial assurance purposes identified in sections 93.46 to 93.51 and rules adopted
thereunder and as authorized under any trust fund agreement or other conditions established
under a permit to mine.
new text end

new text begin (b) Money in an account established under paragraph (a) is appropriated to the
commissioner for the purposes for which the account is established under this section.
new text end

new text begin Subd. 2. new text end

new text begin Account maintenance and investment. new text end

new text begin (a) The commissioner of natural
resources may deposit money in the appropriate account and may withdraw money from
the appropriate account for the financial assurance purposes identified in sections 93.46 to
93.51 and rules adopted thereunder and as authorized under any trust fund agreement or
other conditions established under the permit to mine for which the financial assurance is
provided, subject to the policies and procedures of the State Board of Investment.
new text end

new text begin (b) Investment strategies related to an account established under this section must be
determined jointly by the commissioner of natural resources and the executive director of
the State Board of Investment. The authorized investments for an account are the investments
authorized under section 11A.24 that are made available for investment by the State Board
of Investment.
new text end

new text begin (c) Investment transactions must be at a time and in a manner determined by the executive
director of the State Board of Investment. Decisions to withdraw money from the account
must be determined by the commissioner of natural resources, subject to the policies and
procedures of the State Board of Investment. Investment earnings must be credited to the
appropriate account for financial assurance under the identified permit to mine.
new text end

new text begin (d) An account may be terminated by the commissioner of natural resources at any time,
so long as the termination is in accordance with applicable statutes and rules and any trust
fund agreement or other conditions established under the permit to mine, subject to the
policies and procedures of the State Board of Investment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 84.788, subdivision 5, is amended to read:


Subd. 5.

Report of ownership transfers; fee.

(a) Application for transfer of ownership
of an off-highway motorcycle registered under this section must be made to the commissioner
within 15 days of the date of transfer.

(b) An application for transfer must be executed by the deleted text begin registereddeleted text end new text begin currentnew text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision.

Sec. 3.

Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read:


Subd. 2.

Application, issuance, issuing fee.

(a) Application for registration or
reregistration shall be made to the commissioner or an authorized deputy registrar of motor
vehicles in a format prescribed by the commissioner and shall state the legal name and
address of every owner of the snowmobile.

(b) A person who purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
21-day registration permit to each purchaser who applies to the dealer for registration. The
temporary permit must contain the dealer's identification number and phone number. Each
retail dealer shall submit completed registration and fees to the deputy registrar at least once
a week. No fee may be charged by a dealer to a purchaser for providing the temporary
permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
or a commissioner or deputy registrar temporary 21-day permit.new text begin The registration number
must be printed on a registration decal issued by the commissioner or a deputy registrar.
new text end
Once issued, the registration deleted text begin numberdeleted text end new text begin decalnew text end must be affixed to the snowmobile in a clearly
visible and permanent manner for enforcement purposes deleted text begin as the commissioner of natural
resources shall prescribe
deleted text end new text begin according to subdivision 3bnew text end . A dealer subject to paragraph (b)
shall provide the registration materials or temporary permit to the purchaser within the
temporary 21-day permit period. The registration is not valid unless signed by at least one
owner.

(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33 shall also
be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the accounting and procedural
requirements necessary to ensure efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting and procedural requirements.

(e) In addition to other fees prescribed by law, an issuing fee of $4.50 is charged for
each snowmobile registration renewal, duplicate or replacement registration card, and
replacement decal, and an issuing fee of $7 is charged for each snowmobile registration and
registration transfer issued by:

(1) a registrar or a deputy registrar and must be deposited in the manner provided in
section 168.33, subdivision 2; or

(2) the commissioner and must be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural resources fund.

Sec. 4.

Minnesota Statutes 2022, section 84.82, is amended by adding a subdivision to
read:


new text begin Subd. 3b. new text end

new text begin Display of registration decal. new text end

new text begin (a) A person must not operate a snowmobile
in the state or allow another to operate the person's snowmobile in the state unless the
snowmobile has its unexpired registration decal affixed to each side of the snowmobile and
the decals are legible.
new text end

new text begin (b) The registration decal must be affixed:
new text end

new text begin (1) for snowmobiles made after June 30, 1972, in the areas provided by the manufacturer
under section 84.821, subdivision 2; and
new text end

new text begin (2) for all other snowmobiles, on each side of the cowling on the upper half of the
snowmobile.
new text end

new text begin (c) When any previously affixed registration decal is destroyed or lost, a duplicate must
be affixed in the same manner as provided in paragraph (b).
new text end

Sec. 5.

Minnesota Statutes 2022, section 84.821, subdivision 2, is amended to read:


Subd. 2.

Area for registration number.

All snowmobiles made after June 30, 1972,
and sold in Minnesota, shall be designed and made to provide an area on which to affix the
registration deleted text begin numberdeleted text end new text begin decalnew text end . deleted text begin This area shall be at a location and of dimensions prescribed by
rule of the commissioner.
deleted text end new text begin A clear area must be provided on each side of the cowling with
a minimum size of 3-1/2 square inches and at least 12 inches from the ground when the
machine is resting on a hard surface.
new text end

Sec. 6.

Minnesota Statutes 2022, section 84.84, is amended to read:


84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.

(a) Within 15 days after the transfer of ownership, or any part thereof, other than a
security interest, or the destruction or abandonment of any snowmobile, written notice of
the transfer or destruction or abandonment shall be given to the commissioner in such form
as the commissioner shall prescribe.

(b) An application for transfer must be executed by the deleted text begin registereddeleted text end new text begin currentnew text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision. Every owner or
part owner of a snowmobile shall, upon failure to give notice of destruction or abandonment,
be subject to the penalties imposed by section 84.88.

Sec. 7.

Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read:


Subdivision 1.

Required rulesnew text begin , fees, and reportsnew text end .

new text begin (a) new text end With a view of achieving maximum
use of snowmobiles consistent with protection of the environment the commissioner of
natural resources shall adopt rules in the manner provided by chapter 14, for the following
purposes:

(1) registration of snowmobiles deleted text begin and display of registration numbers.deleted text end new text begin ;
new text end

(2) use of snowmobiles insofar as game and fish resources are affecteddeleted text begin .deleted text end new text begin ;
new text end

(3) use of snowmobiles on public lands and waters, or on grant-in-aid trailsdeleted text begin .deleted text end new text begin ;
new text end

(4) uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobilesdeleted text begin .deleted text end new text begin ;
new text end

(5) specifications relating to snowmobile mufflersdeleted text begin .deleted text end new text begin ; and
new text end

(6) a comprehensive snowmobile information and safety education and training programdeleted text begin ,
including
deleted text end new text begin that includesnew text end butnew text begin isnew text end not limited to deleted text begin the preparation and dissemination ofdeleted text end new text begin preparing
and disseminating
new text end snowmobile information and safety advice to the public, deleted text begin thedeleted text end training deleted text begin ofdeleted text end
snowmobile operators, and deleted text begin the issuance ofdeleted text end new text begin issuingnew text end snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile safety education and
training course.

new text begin (b)new text end For the purpose of administering deleted text begin suchdeleted text end new text begin thenew text end programnew text begin under paragraph (a), clause (6),new text end
and to defray expenses of training and certifying snowmobile operators, the commissioner
shall collect a fee from each person who receives the youth or adult training. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a
manner that neither significantly overrecovers nor underrecovers costs, including overhead
costs, involved in providing the services. The fees are not subject to the rulemaking provisions
of chapter 14, and section 14.386 does not apply. The fees may be established by the
commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for
licensing agents under this subdivision, shall be deposited in the snowmobile trails and
enforcement account in the natural resources fund and the amount thereof, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for deleted text begin the
administration of such
deleted text end new text begin administering thenew text end programs. In addition to the fee established by the
commissioner, instructors may charge each person any fee paid by the instructor for the
person's online training course and up to the established fee amount for class materials and
expenses. The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the program
established under deleted text begin thisdeleted text end new text begin paragraph (a),new text end clausenew text begin (6)new text end . School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that leads to the certification of
snowmobile operators.

deleted text begin (7)deleted text end new text begin (c)new text end The operator of any snowmobile involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of any person or total damage to
an extent of $500 or more, shall forward a written report of the accident to the commissioner
on deleted text begin suchdeleted text end new text begin anew text end form deleted text begin asdeleted text end new text begin prescribed bynew text end the commissioner deleted text begin shall prescribedeleted text end . If the operator is killed
or is unable to file a report due to incapacitation, any peace officer investigating the accident
shall file the accident report within ten business days.

Sec. 8.

Minnesota Statutes 2022, section 84.87, subdivision 1, is amended to read:


Subdivision 1.

Operation on streets and highways.

(a) No person shall operate a
snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county
state-aid, or county highway in this state and, in the case of a divided trunk or county
highway, on the right-of-way between the opposing lanes of traffic, except as provided in
sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of-way of
any trunk, county state-aid, or county highway between the hours of one-half hour after
sunset to one-half hour before sunrise, except on the right-hand side of such right-of-way
and in the same direction as the highway traffic on the nearest lane of the roadway adjacent
thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate
highway or freeway within this state.

(b) Notwithstanding any provision of paragraph (a) to the contrary:

(1) under conditions prescribed by the commissioner of transportation, the commissioner
of transportation may allow two-way operation of snowmobiles on either side of the trunk
highway right-of-way where the commissioner of transportation determines that two-way
operation will not endanger users of the trunk highway or riders of the snowmobiles using
the trail;

(2) under conditions prescribed by a local road authority as defined in section 160.02,
subdivision 25
, the road authority may allow two-way operation of snowmobiles on either
side of the right-of-way of a street or highway under the road authority's jurisdiction, where
the road authority determines that two-way operation will not endanger users of the street
or highway or riders of the snowmobiles using the trail;

(3) the commissioner of transportation under clause (1) and the local road authority
under clause (2) shall notify the commissioner of natural resources and the local law
enforcement agencies responsible for the streets or highways of the locations of two-way
snowmobile trails authorized under this paragraph; and

(4) two-way snowmobile trails authorized under this paragraph shall be posted for
two-way operation at the authorized locations.

(c) A snowmobile may make a direct crossing of a street or highway at any hour of the
day provided:

(1) the crossing is made at an angle of approximately 90 degrees to the direction of the
highway and at a place where no obstruction prevents a quick and safe crossing;

(2) the snowmobile is brought to a complete stop before crossing the shoulder or main
traveled way of the highway;

(3) the driver yields the right-of-way to all oncoming traffic which constitutes an
immediate hazard;

(4) in crossing a divided highway, the crossing is made only at an intersection of such
highway with another public street or highwaynew text begin or at a safe location approved by the road
authority
new text end ;

(5) if the crossing is made between the hours of one-half hour after sunset to one-half
hour before sunrise or in conditions of reduced visibility, only if both front and rear lights
are on; and

(6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the
main traveled lanes of an interstate highway, when required for the purpose of avoiding
obstructions to travel when no other method of avoidance is possible; provided the
snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made
within 100 feet of the bridge and the crossing is made without undue delay.

(d) No snowmobile shall be operated upon a public street or highway unless it is equipped
with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by
rules of the commissioner, reflector material of a minimum area of 16 square inches mounted
on each side forward of the handle bars, and with brakes each of which shall conform to
standards prescribed by rule of the commissioner pursuant to the authority vested in the
commissioner by section 84.86, and each of which shall be subject to approval of the
commissioner of public safety.

(e) A snowmobile may be operated upon a public street or highway other than as provided
by paragraph (c) in an emergency during the period of time when and at locations where
snow upon the roadway renders travel by automobile impractical.

(f) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles
upon streets and highways, except for those relating to required equipment, and except those
which by their nature have no application. Section 169.09 applies to the operation of
snowmobiles anywhere in the state or on the ice of any boundary water of the state.

(g) Any sled, trailer, or other device being towed by a snowmobile must be equipped
with reflective materials as required by rule of the commissioner.

Sec. 9.

Minnesota Statutes 2022, section 84.922, subdivision 4, is amended to read:


Subd. 4.

Report of transfers.

(a) Application for transfer of ownership must be made
to the commissioner within 15 days of the date of transfer.

(b) An application for transfer must be executed by the deleted text begin registereddeleted text end new text begin currentnew text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision.

Sec. 10.

Minnesota Statutes 2022, section 84.992, subdivision 2, is amended to read:


Subd. 2.

Program.

The commissioner of natural resources shall developnew text begin and implementnew text end
a program for the Minnesota Naturalist Corps that supports state parksnew text begin and trailsnew text end in providing
interpretation of the natural and cultural features of state parksnew text begin and trailsnew text end in order to enhance
visitors' awareness, understanding, and appreciation of those features and encourages the
wise and sustainable use of the environment.

Sec. 11.

Minnesota Statutes 2022, section 84.992, subdivision 5, is amended to read:


Subd. 5.

Eligibility.

A person is eligible to enroll in the Minnesota Naturalist Corps if
the persondeleted text begin :
deleted text end

deleted text begin (1) is a permanent resident of the state;
deleted text end

deleted text begin (2)deleted text end is a participant in an approved college internship program deleted text begin in a field related to natural
resources, cultural history, interpretation, or conservation; and
deleted text end

deleted text begin (3) has completed at least one year of postsecondary educationdeleted text end .

Sec. 12.

Minnesota Statutes 2022, section 85.015, subdivision 10, is amended to read:


Subd. 10.

Luce Line Trail, Hennepin, McLeod, and Meeker Counties.

(a) The trail
shall originate at Gleason Lake in Plymouth Village, Hennepin County, deleted text begin and shalldeleted text end follow
the route of the Chicago Northwestern Railroadnew text begin , and include a connection to Greenleaf Lake
State Recreation Area
new text end .

(b) The trail shall be developed for multiuse wherever feasible. The department shall
cooperate in maintaining its integrity for modes of use consistent with local ordinances.

(c) In establishing, developing, maintaining, and operating the trail, the commissioner
shall cooperate with local units of government and private individuals and groups. Before
acquiring any parcel of land for the trail, the commissioner of natural resources shall develop
a management program for the parcel and conduct a public hearing on the proposed
management program in the vicinity of the parcel to be acquired. The management program
of the commissioner shall include but not be limited to the following:

(1) fencing deleted text begin ofdeleted text end portions of the trail where necessary to protect adjoining landowners; and

(2) deleted text begin the maintenance ofdeleted text end new text begin maintainingnew text end the trail in a deleted text begin litter freedeleted text end new text begin litter-freenew text end condition to the
extent practicable.

(d) The commissioner shall not acquire any of the right-of-way of the Chicago
Northwestern Railway Company until the abandonment of the line described in this
subdivision has been approved by the Surface Transportation Board or the former Interstate
Commerce Commission. Compensation, in addition to the value of the land, shall include
improvements made by the railroad, including but not limited to, bridges, trestles, public
road crossings, or any portion thereof, it being the desire of the railroad that such
improvements be included in the conveyance. The fair market value of the land and
improvements shall be recommended by two independent appraisers mutually agreed upon
by the parties. The fair market value thus recommended shall be reviewed by a review
appraiser agreed to by the parties, and the fair market value thus determined, and supported
by appraisals, may be the purchase price. The commissioner may exchange lands with
landowners abutting the right-of-way described in this section to eliminate diagonally shaped
separate fields.

Sec. 13.

Minnesota Statutes 2022, section 85.052, subdivision 6, is amended to read:


Subd. 6.

State park reservation system.

(a) The commissioner may, by written order,
develop reasonable reservation policies for deleted text begin campsites and otherdeleted text end new text begin using camping,new text end lodgingnew text begin ,
and day-use facilities and for tours, educational programs, seminars, events, and rentals
new text end .
The policies are exempt from the rulemaking provisions under chapter 14, and section
14.386 does not apply.

(b) The revenue collected from the state park reservation fee established under subdivision
5, including interest earned, deleted text begin shalldeleted text end new text begin mustnew text end be deposited in the state park account in the natural
resources fund and is annually appropriated to the commissioner for the cost of operating
the state park reservation and point-of-sale system.

Sec. 14.

Minnesota Statutes 2022, section 89A.11, is amended to read:


89A.11 SUNSET.

Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08; 89A.09;
89A.10; 89A.105; and 89A.11 expire June 30, deleted text begin 2028deleted text end new text begin 2033new text end .

Sec. 15.

Minnesota Statutes 2022, section 90.181, subdivision 2, is amended to read:


Subd. 2.

Deferred payments.

(a) If the amount of the statement is not paidnew text begin or the payment
is not postmarked
new text end within 30 days of thenew text begin statementnew text end date deleted text begin thereof, it shall beardeleted text end new text begin , the amount
bears
new text end interest at the rate determined pursuant to section 16A.124, except that the purchaser
deleted text begin shall not bedeleted text end new text begin is notnew text end required to pay interest that totals $1 or less. If the amount is not paid
within 60 days, the commissioner shall place the account in the hands of the commissioner
of revenue according to chapter 16D, who shall proceed to collect the deleted text begin samedeleted text end new text begin amount duenew text end .
When deemed in the best interests of the state, the commissioner shall take possession of
the timber for which an amount is due wherever it may be found and sell the deleted text begin samedeleted text end new text begin timbernew text end
informally or at public auction after giving reasonable notice.

(b) The proceeds of the sale deleted text begin shalldeleted text end new text begin mustnew text end be applied, first, to the payment of the expenses
of seizure and saledeleted text begin ;deleted text end and, second, to the payment of the amount due for the timber, with
interestdeleted text begin ; anddeleted text end new text begin .new text end The surplus, if any, deleted text begin shall belongdeleted text end new text begin belongsnew text end to the statedeleted text begin ; and,deleted text end new text begin .new text end In case a sufficient
amount is not realized to pay these amounts in full, the balance deleted text begin shalldeleted text end new text begin mustnew text end be collected by
the attorney general. deleted text begin Neitherdeleted text end Payment of the amount, deleted text begin nor thedeleted text end recovery of judgment deleted text begin therefordeleted text end new text begin
for the amount
new text end , deleted text begin nordeleted text end satisfaction of the judgment, deleted text begin nor thedeleted text end new text begin ornew text end seizure and sale of timberdeleted text begin , shalldeleted text end new text begin
does not:
new text end

new text begin (1)new text end release the sureties on any security deposit given pursuant to this chapterdeleted text begin , ordeleted text end new text begin ;
new text end

new text begin (2)new text end preclude the state from afterwards claiming that the timber was cut or removed
contrary to law and recovering damages for the trespass thereby committeddeleted text begin ,deleted text end new text begin ;new text end or

new text begin (3) preclude the statenew text end from prosecuting the offender criminally.

Sec. 16.

Minnesota Statutes 2022, section 97A.015, subdivision 51, is amended to read:


Subd. 51.

Unloaded.

"Unloaded" means, with reference to a firearm, without ammunition
in the barrels and magazine, if the magazine is in the firearm. A muzzle-loading firearm
deleted text begin withdeleted text end new text begin is unloaded if:
new text end

new text begin (1) fornew text end a flintlock ignition deleted text begin is unloaded ifdeleted text end new text begin ,new text end it does not have priming powder in a pandeleted text begin . A
muzzle-loading firearm with
deleted text end new text begin ;
new text end

new text begin (2) for anew text end percussion ignition deleted text begin is unloaded ifdeleted text end new text begin ,new text end it does not have a percussion cap on a nippledeleted text begin .deleted text end new text begin ;
new text end

new text begin (3) for an electronic ignition system, the battery is removed and is disconnected from
the firearm; and
new text end

new text begin (4) for an encapsulated powder charge ignition system, the primer is removed from the
firearm.
new text end

Sec. 17.

Minnesota Statutes 2022, section 97A.031, is amended to read:


97A.031 WANTON WASTE.

new text begin (a) new text end Unless expressly allowed, a person may not wantonly waste or destroy a usable part
of a protected wild animal.

new text begin (b) This section does not apply to common carp.
new text end

Sec. 18.

Minnesota Statutes 2022, section 97A.126, is amended to read:


97A.126 WALK-IN ACCESS PROGRAM.

Subdivision 1.

Establishment.

A walk-in access program is established to provide public
access to wildlife habitat on private land for hunting, new text begin bird-watching, nature photography,
and similar compatible uses,
new text end excluding trapping, as provided under this section. The
commissioner may enter into agreements with other units of government and landowners
to provide private land hunting access.

Subd. 2.

Use of enrolled lands.

(a) From September 1 to May 31, a person must have
a walk-in access deleted text begin hunterdeleted text end validation in possession to huntnew text begin , photograph, and watch wildlifenew text end on
private lands, including agricultural lands, that are posted as being enrolled in the walk-in
access program.

(b) Huntingnew text begin , bird-watching, nature photography, and similar compatible usesnew text end on private
lands that are posted as enrolled in the walk-in access program is allowed from one-half
hour before sunrise to one-half hour after sunset.

(c) deleted text begin Hunterdeleted text end Access on private lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by deleted text begin huntersdeleted text end new text begin personsnew text end with disabilities
operating motor vehicles on established trails or field roads who possess a valid permit to
shoot from a stationary vehicle under section 97B.055, subdivision 3.

(d) The general provisions for use of wildlife management areas adopted under sections
86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of motorboats,
firearms and target shooting, hunting stands, abandonment of trash and property, destruction
or removal of property, introduction of plants or animals, and animal trespass, apply to
deleted text begin hunters ondeleted text end new text begin use ofnew text end lands enrolled in the walk-in access program.

(e) Any use of enrolled lands other than deleted text begin hunting according todeleted text end new text begin use authorized undernew text end this
section is prohibited, including:

(1) harvesting bait, including minnows, leeches, and other live bait;

(2) training dogs or using dogs for activities other than hunting; and

(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting blind,
or other structure, unless constructed or maintained by the landowner.

Subd. 3.

Walk-in-access deleted text begin hunterdeleted text end validation; fee.

The fee for a walk-in-access deleted text begin hunterdeleted text end
validation is $3.

Sec. 19.

Minnesota Statutes 2022, section 97A.137, subdivision 3, is amended to read:


Subd. 3.

Use of motorized vehicles by deleted text begin disabled huntersdeleted text end new text begin people with disabilitiesnew text end .

The
commissioner may deleted text begin issuedeleted text end new text begin provide an accommodation by issuingnew text end a special permit, without a
fee, authorizing a deleted text begin hunterdeleted text end new text begin personnew text end with a deleted text begin permanent physicaldeleted text end disability to use deleted text begin a snowmobile,
highway-licensed vehicle, all-terrain vehicle,
deleted text end new text begin an other power-driven mobility device, as
defined under Code of Federal Regulations, title 28, section 35.104,
new text end ornew text begin anew text end motor boat in
wildlife management areas. To qualify for a permit under this subdivision, the deleted text begin disableddeleted text end
person must deleted text begin possess:deleted text end new text begin provide credible assurance to the commissioner that the device or
motor boat is used because of a disability.
new text end

deleted text begin (1) the required hunting licenses; and
deleted text end

deleted text begin (2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision 3.
deleted text end

Sec. 20.

Minnesota Statutes 2022, section 97A.137, subdivision 5, is amended to read:


Subd. 5.

Portable stands.

(a) Prior to the Saturday on or nearest September 16, a portable
stand may be left overnight in a wildlife management area by a person with a valid bear
license who is hunting within 100 yards of a bear bait site that is legally tagged and registered
as prescribed under section 97B.425. Any person leaving a portable stand overnight under
this subdivision must affix a tag with: (1) the person's name and address; (2) the licensee's
driver's license number; or (3) the "MDNR#" license identification number issued to the
licensee. The tag must be affixed to the stand in a manner that it can be read from the ground.

(b) From November 1 through December 31, a portable stand may be left overnight by
a person possessing a license to take deer in a wildlife management area located in whole
or in part north and west of a line described as follows:

State Trunk Highway 1 from the west boundary of the state to State Trunk Highway 89;
then north along State Trunk Highway 89 to Fourtown; then north on County State-Aid
Highway 44, Beltrami County, to County Road 704, Beltrami County; then north on County
Road 704 to Dick's Parkway State Forest Road; then north on Dick's Parkway to County
State-Aid Highway 5, Roseau County; then north on County State-Aid Highway 5 to
Warroad; then north on State Trunk Highway 11 to State Trunk Highway 313; then north
on State Trunk Highway 313 to the north boundary of the state.

A person leaving a portable stand overnight under this paragraph must affix a tag with: (1)
the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#"
license identification number issued to the licensee. The tag must be affixed to the stand so
that it can be read from the ground and must be made of a material sufficient to withstand
weather conditions. A person leaving a portable stand overnight in a wildlife management
area under this paragraph may not leave more than two portable stands in any one wildlife
management area. Unoccupied portable stands left overnight under this paragraph may be
used by any member of the public. deleted text begin This paragraph expires December 31, 2019.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019, and
Minnesota Statutes, section 97A.137, subdivision 5, paragraph (b), is revived and reenacted
as of that date.
new text end

Sec. 21.

Minnesota Statutes 2022, section 97A.401, subdivision 1, is amended to read:


Subdivision 1.

Commissioner's authority.

The commissioner may issue special permits
for the activities in this section. A special permit may be issued in the form of a general
permit to a governmental subdivision or to the general public to conduct one or more
activities under subdivisions 2 to deleted text begin 8deleted text end new text begin 9new text end .

Sec. 22.

Minnesota Statutes 2022, section 97A.401, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Taking wild animals with federal incidental take permit. new text end

new text begin The commissioner
must prescribe conditions for and may issue a permit to a person for taking wild animals
during activities covered under a federal incidental take permit issued under section
10(a)(1)(B) of the federal Endangered Species Act, including to a landowner for taking wild
animals during activities covered by a certificate of inclusion issued by the commissioner
under Code of Federal Regulations, title 50, section 13.25(e).
new text end

Sec. 23.

Minnesota Statutes 2022, section 97A.405, subdivision 5, is amended to read:


Subd. 5.

Resident licenses.

new text begin (a) new text end To obtain a resident license, deleted text begin a residentdeleted text end new text begin an individualnew text end 21
years of age or older mustnew text begin be a resident andnew text end :

(1) possess a current Minnesota driver's licensenew text begin or a valid application receipt for a driver's
license that is at least 60 days past the issuance date
new text end ;

(2) possess a current identification card issued by the commissioner of public safetynew text begin or
a valid application receipt for an identification card that is at least 60 days past the issuance
date
new text end ; deleted text begin or
deleted text end

(3) present evidence showing proof of residency in cases when clause (1) or (2) would
violate the Religious Freedom Restoration Act of 1993, Public Law 103-141deleted text begin .deleted text end new text begin ; or
new text end

new text begin (4) possess a Tribal identification card as provided in paragraph (b).
new text end

new text begin (b) For purposes of this subdivision, "Tribal identification card" means an unexpired
identification card as provided under section 171.072, paragraphs (b) and (c). The Tribal
identification card:
new text end

new text begin (1) must contain the enrolled Tribal member's Minnesota residence address; and
new text end

new text begin (2) may be used to obtain a resident license under paragraph (a) only if the Tribal member
does not have a current driver's license or state identification card in any state.
new text end

new text begin (c) A person must not have applied for, purchased, or accepted a resident hunting, fishing,
or trapping license issued by another state or foreign country within 60 days before applying
for a resident license under this section.
new text end

Sec. 24.

Minnesota Statutes 2022, section 97A.421, subdivision 3, is amended to read:


Subd. 3.

Issuance after conviction; big game.

(a) A person may not new text begin use a big-game
license purchased before conviction,
new text end obtain deleted text begin anydeleted text end new text begin anew text end big-game licensenew text begin ,new text end or take big game under
a lifetime license, issued under section 97A.473, for three years after the person is convicted
of:

(1) a gross misdemeanor violation under the game and fish laws relating to big game;

(2) doing an act without a required big-game license; or

(3) the second violation within three years under the game and fish laws relating to big
game.

(b) A person may not obtain any deer license or take deer under a lifetime license issued
under section 97A.473 for one year after the person is convicted of hunting deer with the
aid or use of bait under section 97B.328.

(c) The revocation period under paragraphs (a) and (b) doubles if the conviction is for
a deer that is a trophy deer scoring higher than 170 using the scoring method established
for wildlife restitution values adopted under section 97A.345.

Sec. 25.

Minnesota Statutes 2022, section 97B.031, subdivision 1, is amended to read:


Subdivision 1.

Permissible firearms and ammunition; big game and wolves.

A person
may take big game and wolves with a firearm only if:

(1) deleted text begin thedeleted text end new text begin anynew text end rifle, shotgun, deleted text begin anddeleted text end new text begin ornew text end handgun used is a caliber of at least .22 inches and deleted text begin withdeleted text end new text begin
has
new text end centerfire ignition;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least .22 inches and has a soft point or is an
expanding bullet type;

(4) deleted text begin thedeleted text end new text begin anynew text end muzzleloader used deleted text begin is incapable of beingdeleted text end new text begin has the projectilenew text end loadednew text begin onlynew text end at the
deleted text begin breechdeleted text end new text begin muzzlenew text end ;

(5) deleted text begin thedeleted text end new text begin anynew text end smooth-bore muzzleloader used is a caliber of at least .45 inches; and

(6) deleted text begin thedeleted text end new text begin anynew text end rifled muzzleloader used is a caliber of at least .40 inches.

Sec. 26.

Minnesota Statutes 2022, section 97B.071, is amended to read:


97B.071 CLOTHING new text begin AND GROUND BLIND new text end REQUIREMENTS; BLAZE
ORANGE OR BLAZE PINK.

(a) Except as provided in rules adopted under paragraph deleted text begin (c)deleted text end new text begin (d)new text end , a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze
pink includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within
each foot square. This section does not apply to migratory-waterfowl hunters on waters of
this state or in a stationary shooting location or to trappers on waters of this state.

(b) Except as provided in rules adopted under paragraph deleted text begin (c)deleted text end new text begin (d)new text end , and in addition to the
requirement in paragraph (a), a person may not take small game other than turkey, migratory
birds, raccoons, and predators, except while trapping, unless a visible portion of at least one
article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph
does not apply to a person when in a stationary location while hunting deer by archery or
when hunting small game by falconry.

new text begin (c) A person in a fabric or synthetic ground blind on public land must have:
new text end

new text begin (1) a blaze orange or blaze pink safety covering on the top of the blind that is visible for
360 degrees around the blind; or
new text end

new text begin (2) at least 144 square inches of blaze orange or blaze pink material on each side of the
blind.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.

deleted text begin (d)deleted text end new text begin (e)new text end A violation of paragraph (b) deleted text begin shalldeleted text end new text begin doesnew text end not result in a penalty, but is punishable
only by a safety warning.

Sec. 27.

Minnesota Statutes 2022, section 97B.301, subdivision 2, is amended to read:


Subd. 2.

Limit of one deer.

A person may obtain one regular firearms season deer
license, one muzzleloader season deer license, and one archery season deer license in the
same license year, but may not deleted text begin tagdeleted text end new text begin takenew text end more than one deer except as provided in subdivisions
3 and 4.

Sec. 28.

Minnesota Statutes 2022, section 97B.301, subdivision 6, is amended to read:


Subd. 6.

Residents or nonresidents under age 18; taking either-sex deer.

A resident
or nonresident under the age of 18 may take a deer of either sex except in those antlerless
permit areas and seasons where no antlerless permits are offered. In antlerless permit areas
where no antlerless permits are offered, the commissioner may provide a limited number
of youth either sex permits to residents or nonresidents under age 18, under the procedures
provided in section 97B.305, and may give preference to residents or nonresidents under
the age of 18 that have not previously been selected. This subdivision does not authorize
the taking of deleted text begin an antlerlessdeleted text end new text begin anew text end deer by another member of a party under subdivision 3.

Sec. 29.

Minnesota Statutes 2022, section 97B.318, subdivision 1, is amended to read:


Subdivision 1.

Shotgun use area.

During deleted text begin the regulardeleted text end new text begin anynew text end firearms season in the shotgun
use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading
long guns, and legal handguns may be used for taking deer. Legal shotguns include those
with rifled barrels. The shotgun use area is that portion of the state lying within the following
described boundary: Beginning on the west boundary of the state at the northern boundary
of Clay County; thence along the northern boundary of Clay County to State Trunk Highway
(STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94
(I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence
along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas
County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to
CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to
CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd
County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH
27; thence along STH 27 to the Mississippi River; thence along the east bank of the
Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to
U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence
along the east, south, and west boundaries of the state to the point of beginning.

Sec. 30.

Minnesota Statutes 2022, section 97B.668, is amended to read:


97B.668 deleted text begin GAME BIRDSdeleted text end new text begin ANIMALSnew text end CAUSING DAMAGE.

new text begin Subdivision 1. new text end

new text begin Game birds causing damage. new text end

Notwithstanding sections 97B.091 and
97B.805, subdivisions 1 and 2, a person or agent of that person on lands and nonpublic
waters owned or operated by the person may nonlethally scare, haze, chase, or harass game
birds that are causing property damage or to protect a disease risk at any time or place that
a hunting season for the game birds is not open. This section does not apply to public waters
as defined under section 103G.005, subdivision 15. This section does not apply to migratory
waterfowl on nests and other federally protected game birds on nests, except ducks and
geese on nests when a permit is obtained under section 97A.401.

new text begin Subd. 2. new text end

new text begin Deer and elk causing damage. new text end

new text begin (a) Notwithstanding section 97B.091, a property
owner, the property owner's immediate family member, or an agent of the property owner
may nonlethally scare, haze, chase, or harass deer or elk that are causing damage to
agricultural crops that are propagated under generally accepted agricultural practices.
new text end

new text begin (b) Paragraph (a) applies only:
new text end

new text begin (1) in the immediate area of the crop damage; and
new text end

new text begin (2) during the closed season for taking deer or elk.
new text end

new text begin (c) Paragraph (a) does not allow:
new text end

new text begin (1) using poisons;
new text end

new text begin (2) using dogs;
new text end

new text begin (3) conduct that drives a deer or elk to the point of exhaustion;
new text end

new text begin (4) activities that require a permit under section 97A.401; or
new text end

new text begin (5) conduct that causes the death of or that is likely to cause the death of a deer or elk.
new text end

new text begin (d) A property owner or the owner's agent must report the death of a deer or elk to staff
in the Division of Fish and Wildlife within 24 hours of the death if the death resulted from
actions taken under paragraph (a).
new text end

Sec. 31.

Minnesota Statutes 2022, section 97C.041, is amended to read:


97C.041 COMMISSIONER MAY REMOVE ROUGH FISH deleted text begin AND CATFISHdeleted text end .

The commissioner may take rough fishdeleted text begin , lake whitefish,deleted text end and rainbow smelt with seines,
nets, and other devices. deleted text begin The commissioner may also take catfish with seines, nets, and other
devices on the Minnesota-Wisconsin boundary waters.
deleted text end The commissioner may hire or
contract persons, or issue permits, to take the fish. The commissioner shall prescribe the
manner of taking and disposal. The commissioner may award a contract under this section
without competitive bidding. Before establishing the contractor's compensation, the
commissioner must consider the qualifications of the contractor, including the contractor's
equipment, knowledge of the waters, and ability to perform the work.

Sec. 32.

Minnesota Statutes 2022, section 97C.315, subdivision 1, is amended to read:


Subdivision 1.

Lines.

An angler may not use more than one linenew text begin ,new text end exceptnew text begin thatnew text end :

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

(2) the commissioner may, by rule, authorize the use of two lines in areas designated by
the commissioner in Lake Superiordeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) two lines may be used in the Minnesota River downstream of the Granite Falls Dam
and in the Mississippi River downstream of St. Anthony Falls.
new text end

Sec. 33.

Minnesota Statutes 2022, section 97C.345, subdivision 1, is amended to read:


Subdivision 1.

When use prohibited.

Except as specifically authorized, a person may
not take fish with a spear from the third Monday in February to the Friday before the last
Saturday in April and may not take fish with a fish trap, net, dip net, seine, or other device
capable of taking fish from the third Monday in February deleted text begin todeleted text end new text begin throughnew text end April 30.

Sec. 34.

new text begin [97C.348] FELT-SOLED WADERS.
new text end

new text begin Using felt-soled waders is prohibited in waters of the state. For purposes of this section
"felt-soled waders" means boots or shoes that have water-absorbing material affixed to the
soles or bottoms.
new text end

Sec. 35.

Minnesota Statutes 2022, section 97C.371, subdivision 1, is amended to read:


Subdivision 1.

Species allowed.

Only rough fish, catfish, lake whitefish, new text begin cisco (tulibee),
new text end and northern pike may be taken by spearing.

Sec. 36.

Minnesota Statutes 2022, section 97C.371, subdivision 2, is amended to read:


Subd. 2.

Dark houses required for certain species.

Catfish, lake whitefish, new text begin cisco
(tulibee),
new text end and northern pike may be speared only from dark houses.

Sec. 37.

Minnesota Statutes 2022, section 97C.371, subdivision 4, is amended to read:


Subd. 4.

Open season.

The open season for spearing through the ice is November 15
deleted text begin todeleted text end new text begin throughnew text end the last Sunday in February.

Sec. 38.

Minnesota Statutes 2022, 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 deleted text begin todeleted text end new text begin throughnew text end
the last Sunday in February;

(2) for lake trout, from January 1 deleted text begin todeleted text end new text begin throughnew text end October 31;

(3) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located outside or partially within the Boundary Waters Canoe Area,
from January 15 deleted text begin todeleted text end new text begin throughnew text end March 31;

(4) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located entirely within the Boundary Waters Canoe Area, from January
1 deleted text begin todeleted text end new text begin throughnew text end March 31;

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

(6) 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.

Sec. 39.

Minnesota Statutes 2022, section 97C.601, subdivision 1, is amended to read:


Subdivision 1.

Season.

The open season for frogs is May 16 deleted text begin todeleted text end new text begin throughnew text end March 31. The
commissioner may, by rule, establish closed seasons in specified areas.

Sec. 40.

Minnesota Statutes 2022, section 97C.836, is amended to read:


97C.836 LAKE SUPERIOR LAKE TROUT; EXPANDED ASSESSMENT
HARVEST.

The commissioner shall provide for taking of lake trout by licensed commercial operators
in Lake Superior management zones MN-3 and MN-2 for expanded assessment and sale.
The commissioner shall authorize expanded assessment taking and sale of lake trout in Lake
Superior management zone MN-3 beginning annually in 2007 and zone MN-2 beginning
annually in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in zone
MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary to protect
the lake trout population or to manage the effects of invasive species or fish disease. Taking
lake trout for expanded assessment and sale shall be allowed from June 1 deleted text begin todeleted text end new text begin throughnew text end
September 30, but may end earlier in the respective zones if the quotas are reached. The
quotas must be reassessed at the expiration of the current ten-year Fisheries Management
Plan for the Minnesota Waters of Lake Superior.

Sec. 41.

Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision
to read:


new text begin Subd. 9c. new text end

new text begin Ecosystem harm. new text end

new text begin "Ecosystem harm" means to change the biological
community and ecology in a manner that results in loss of ecological structure or function.
new text end

Sec. 42.

Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision
to read:


new text begin Subd. 13b. new text end

new text begin Negative impact to surface waters. new text end

new text begin "Negative impact to surface waters"
means a change in hydrology sufficient to cause aquatic ecosystem harm or alter riparian
uses long term.
new text end

Sec. 43.

Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision
to read:


new text begin Subd. 15i. new text end

new text begin Sustainable diversion limit. new text end

new text begin "Sustainable diversion limit" means a maximum
amount of water that can be removed directly or indirectly from a surface water body in a
defined geographic area on a monthly or annual basis without causing a negative impact to
the surface water body.
new text end

Sec. 44.

new text begin [103G.134] ORDERS AND INVESTIGATIONS.
new text end

new text begin (a) The commissioner has the following powers and duties when acting pursuant to the
enforcement provisions of this chapter:
new text end

new text begin (1) to adopt, issue, reissue, modify, deny, revoke, enter into, or enforce reasonable orders,
schedules of compliance, and stipulation agreements;
new text end

new text begin (2) to issue notices of violation;
new text end

new text begin (3) to require a person holding a permit issued under this chapter or otherwise impacting
the public waters of the state without a permit issued under this chapter to:
new text end

new text begin (i) make reports;
new text end

new text begin (ii) install, use, and maintain monitoring equipment or methods;
new text end

new text begin (iii) perform tests according to methods, at locations, at intervals, and in a manner as
the commissioner prescribes; and
new text end

new text begin (iv) provide other information as the commissioner may reasonably require; and
new text end

new text begin (4) to conduct investigations; issue notices, public and otherwise; and order hearings as
the commissioner deems necessary or advisable to discharge duties under this chapter,
including but not limited to issuing permits and authorizing an employee or agent appointed
by the commissioner to conduct the investigations and other authorities cited in this section.
new text end

Sec. 45.

new text begin [103G.146] DUTY OF CANDOR.
new text end

new text begin (a) A person must not knowingly:
new text end

new text begin (1) make a false statement of fact or fail to correct a false statement of material fact
regarding any matter pertaining to this chapter;
new text end

new text begin (2) fail to disclose information that the person knows is necessary for the commissioner
to make an informed decision under this chapter; or
new text end

new text begin (3) offer information that the person knows to be false.
new text end

new text begin (b) If a person has offered material information to the commissioner and the person
comes to know the information is false, the person must take reasonable remedial measures
to provide the accurate information.
new text end

Sec. 46.

Minnesota Statutes 2022, section 103G.287, subdivision 2, is amended to read:


Subd. 2.

Relationship to surface water resources.

Groundwater appropriations deleted text begin that
will have negative impacts to surface waters are subject to applicable provisions in section
103G.285
deleted text end new text begin may be authorized only if they avoid known negative impacts to surface watersnew text end .new text begin
If the commissioner determines that groundwater appropriations are having a negative
impact to surface waters, the commissioner may use a sustainable diversion limit or other
relevant method, tools, or information to implement measures so that groundwater
appropriations do not negatively impact the surface waters.
new text end

Sec. 47.

Minnesota Statutes 2022, section 103G.299, subdivision 1, is amended to read:


Subdivision 1.

Authority to issue new text begin administrative new text end penalty orders.

(a) As provided in
paragraph (b), the commissioner may issue an order requiring violations to be corrected
and administratively assessing monetary penalties for violations of sections 103G.271 and
103G.275, and any rules adopted under those sections.

(b) An order under this section may be issued to a person for water appropriation activities
without a required permitnew text begin or for violating the terms of a required permitnew text end .

(c) The order must be issued as provided in this section and in accordance with the plan
prepared under subdivision 12.

Sec. 48.

Minnesota Statutes 2022, section 103G.299, subdivision 2, is amended to read:


Subd. 2.

Amount of penalty; considerations.

(a) The commissioner may issue orders
assessing administrative penalties deleted text begin based on potential for harm and deviation from compliance.
For a violation that presents:
deleted text end new text begin up to $40,000.
new text end

deleted text begin (1) a minor potential for harm and deviation from compliance, the penalty will be no
more than $1,000;
deleted text end

deleted text begin (2) a moderate potential for harm and deviation from compliance, the penalty will be
no more than $10,000; and
deleted text end

deleted text begin (3) a severe potential for harm and deviation from compliance, the penalty will be no
more than $20,000.
deleted text end

(b) In determining the amount of a penalty the commissioner may consider:

(1) the gravity of the violation, including potential for, or real, damage to the public
interest or natural resources of the state;

(2) the history of past violations;

(3) the number of violations;

(4) the economic benefit gained by the person by allowing or committing the violation
based on data from local or state bureaus or educational institutions; and

(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.

(c) For a violation after an initial violation, including a continuation of the initial violation,
the commissioner must, in determining the amount of a penalty, consider the factors in
paragraph (b) and the:

(1) similarity of the most recent previous violation and the violation to be penalized;

(2) time elapsed since the last violation;

(3) number of previous violations; and

(4) response of the person to the most recent previous violation identified.

Sec. 49.

Minnesota Statutes 2022, section 103G.299, subdivision 5, is amended to read:


Subd. 5.

Penalty.

(a) new text begin Except as provided in paragraph (b), if the commissioner determines
that the violation has been corrected or appropriate steps have been taken to correct the
action, the penalty must be forgiven.
new text end Unless the person requests review of the order under
subdivision 6 or 7 before the penalty is due, the penalty in the order is due and payable:

(1) on the 31st day after the order was received, if the person subject to the order fails
to provide information to the commissioner showing that the violation has been corrected
or that appropriate steps have been taken toward correcting the violation; or

(2) on the 20th day after the person receives the commissioner's determination under
subdivision 4, paragraph (c), if the person subject to the order has provided information to
the commissioner that the commissioner determines is not sufficient to show that the violation
has been corrected or that appropriate steps have been taken toward correcting the violation.

(b)new text begin For repeated or serious violations, the commissioner may issue an order with a penalty
that is not forgiven after the corrective action is taken.
new text end The penalty is due deleted text begin bydeleted text end 31 days after
the order deleted text begin wasdeleted text end new text begin isnew text end received, unless review of the order under subdivision 6 or 7 deleted text begin has beendeleted text end new text begin isnew text end
sought.

(c) Interest at the rate established in section 549.09 begins to accrue on penalties under
this subdivision on the 31st day after the order with the penalty deleted text begin wasdeleted text end new text begin isnew text end received.

Sec. 50.

Minnesota Statutes 2022, section 103G.299, subdivision 10, is amended to read:


Subd. 10.

Cumulative remedy.

The authority of the commissioner to issue a corrective
order assessing penalties is in addition to other remedies available under statutory or common
lawdeleted text begin , except that the state may not seek civil penalties under any other provision of law for
the violations covered by the administrative penalty order
deleted text end . The payment of a penalty does
not preclude the use of other enforcement provisionsdeleted text begin , under which penalties are not assessed,deleted text end
in connection with the violation for which the penalty was assessed.

Sec. 51.

new text begin [103G.2991] PENALTIES; ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Civil penalties. new text end

new text begin (a) The commissioner, according to section 103G.134,
may issue a notice to a person who violates:
new text end

new text begin (1) this chapter;
new text end

new text begin (2) a permit issued under this chapter or a term or condition of a permit issued under
this chapter;
new text end

new text begin (3) a duty under this chapter to permit an inspection, entry, or monitoring activity or a
duty under this chapter to carry out an inspection or monitoring activity;
new text end

new text begin (4) a rule adopted under this chapter;
new text end

new text begin (5) a stipulation agreement, variance, or schedule of compliance entered into under this
chapter; or
new text end

new text begin (6) an order issued by the commissioner under this chapter.
new text end

new text begin (b) A person issued a notice forfeits and must pay to the state a penalty, in an amount
to be determined by the district court, of not more than $10,000 per day of violation.
new text end

new text begin (c) In the discretion of the district court, a defendant under this section may be required
to:
new text end

new text begin (1) forfeit and pay to the state a sum that adequately compensates the state for the
reasonable value of restoration, monitoring, and other expenses directly resulting from the
unauthorized use of or damage to natural resources of the state; and
new text end

new text begin (2) forfeit and pay to the state an additional sum to constitute just compensation for any
damage, loss, or destruction of the state's natural resources and for other actual damages to
the state caused by an unauthorized use of natural resources of the state.
new text end

new text begin (d) As a defense to damages assessed under paragraph (c), a defendant may prove that
the violation was caused solely by:
new text end

new text begin (1) an act of God;
new text end

new text begin (2) an act of war;
new text end

new text begin (3) negligence on the part of the state;
new text end

new text begin (4) an act or failure to act that constitutes sabotage or vandalism; or
new text end

new text begin (5) any combination of clauses (1) to (5).
new text end

new text begin (e) The civil penalties and damages provided for in this subdivision may be recovered
by a civil action brought by the attorney general in the name of the state in Ramsey County
District Court. Civil penalties and damages provided for in this subdivision may be resolved
by the commissioner through a negotiated stipulation agreement according to the authority
granted to the commissioner in section 103G.134.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin This chapter and rules, standards, orders, stipulation agreements,
schedules of compliance, and permits adopted or issued by the commissioner under this
chapter or any other law for preventing, controlling, or abating damage to natural resources
may be enforced by one or more of the following:
new text end

new text begin (1) criminal prosecution;
new text end

new text begin (2) action to recover civil penalties;
new text end

new text begin (3) injunction;
new text end

new text begin (4) action to compel performance; or
new text end

new text begin (5) other appropriate action according to this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Injunctions. new text end

new text begin A violation of this chapter or rules, standards, orders, stipulation
agreements, variances, schedules of compliance, and permits adopted or issued under this
chapter constitutes a public nuisance and may be enjoined as provided by law in an action,
in the name of the state, brought by the attorney general.
new text end

new text begin Subd. 4. new text end

new text begin Actions to compel performance. new text end

new text begin (a) In an action to compel performance of
an order issued by the commissioner for any purpose related to preventing, controlling, or
abating damage to natural resources under this chapter, the court may require a defendant
adjudged responsible to do and perform any and all acts set forth in the commissioner's
order and all things within the defendant's power that are reasonably necessary to accomplish
the purposes of the order.
new text end

new text begin (b) If a municipality or its governing or managing body or any of its officers is a
defendant, the court may require the municipality to exercise its powers, without regard to
any limitation of a requirement for an election or referendum imposed thereon by law and
without restricting the powers of the commissioner, to do any or all of the following, without
limiting the generality hereof:
new text end

new text begin (1) levy taxes or special assessments;
new text end

new text begin (2) prescribe service or use charges;
new text end

new text begin (3) borrow money;
new text end

new text begin (4) issue bonds;
new text end

new text begin (5) employ assistance;
new text end

new text begin (6) acquire real or personal property;
new text end

new text begin (7) let contracts;
new text end

new text begin (8) otherwise provide for doing work or constructing, installing, maintaining, or operating
facilities; and
new text end

new text begin (9) do all acts and things reasonably necessary to accomplish the purposes of the
commissioner's order.
new text end

new text begin (c) The court must grant a municipality under paragraph (b) the opportunity to determine
the appropriate financial alternatives to be used to comply with the court-imposed
requirements.
new text end

new text begin (d) An action brought under this subdivision must be venued in Ramsey County District
Court.
new text end

Sec. 52.

Minnesota Statutes 2022, section 103G.301, subdivision 6, is amended to read:


Subd. 6.

Filing application.

An application for a permit must be filed with the
commissioner deleted text begin anddeleted text end new text begin .new text end If the proposed activity for which the permit is requested is within a
municipality, deleted text begin ordeleted text end is within or affects a watershed district or a soil and water conservation
district, new text begin or is within the boundaries of a reservation or Tribal community of a federally
recognized Indian Tribe in Minnesota,
new text end a copy of the application with maps, plans, and
specifications must be served on the mayor of the municipality, the secretary of the board
of managers of the watershed district, deleted text begin anddeleted text end the secretary of the board of supervisors of the
soil and water conservation districtdeleted text begin .deleted text end new text begin , or the Tribal chair of the federally recognized Indian
Tribe, as applicable. For purposes of this section, "federally recognized Indian Tribe" means
the Minnesota Tribal governments listed in section 10.65, subdivision 2.
new text end

Sec. 53.

Minnesota Statutes 2022, section 103G.301, subdivision 7, is amended to read:


Subd. 7.

Recommendation of local units of governmentnew text begin and federally recognized
Indian Tribes
new text end .

(a) If the proposed activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a soil and water conservation
district, the commissioner may obtain a written recommendation of the managers of the
district and the board of supervisors of the soil and water conservation district or the mayor
of the municipality before issuing or denying the permit.

(b) The managers, supervisors, or mayor must file a recommendation within 30 days
after receiving of a copy of the application for permit.

new text begin (c) If the proposed activity for which the permit is requested is within the boundaries of
a reservation or Tribal community of a federally recognized Indian Tribe in Minnesota, the
federally recognized Indian Tribe may:
new text end

new text begin (1) submit recommendations to the commissioner within 30 days of receiving the
application; or
new text end

new text begin (2) request Tribal consultation according to section 10.65 within 30 days of receiving
the application.
new text end

new text begin (d) If Tribal consultation is requested under paragraph (c), clause (2), a permit application
is not complete until after the consultation occurs or 90 days after the request for consultation
is made, whichever is sooner.
new text end

Sec. 54.

Minnesota Statutes 2022, section 115.061, is amended to read:


115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.

(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency
immediately of the discharge, accidental or otherwise, of any substance or material under
its control which, if not recovered, may cause pollution of waters of the state, and the
responsible person shall recover as rapidly and as thoroughly as possible such substance or
material and take immediately such other action as may be reasonably possible to minimize
or abate pollution of waters of the state caused thereby.

(b) Notification is not required under paragraph (a) for a discharge of five gallons or
less of petroleum, as defined in section 115C.02, subdivision 10. This paragraph does not
affect the other requirements of paragraph (a).

new text begin (c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly
owned treatment works or a publicly or privately owned domestic sewer system owner must
provide notice to the potentially impacted public and to any downstream drinking water
facility that may be impacted by the discharge. Notice to the public and to any drinking
water facility must be made using the most efficient communications system available to
the facility owner such as in person, telephone call, radio, social media, web page, or another
expedited form. In addition, signage must be posted at all impacted public use areas within
the same jurisdiction or notification must be provided to the entity that has jurisdiction over
any impacted public use areas. A notice under this paragraph must include the date and time
of the discharge, a description of the material released, a warning of the potential public
health risk, and the permittee's contact information.
new text end

new text begin (d) The agency must provide guidance that includes but is not limited to methods and
protocols for providing timely notice under this section.
new text end

Sec. 55. new text begin WATER USE PERMITS; CITY OF LAKE ELMO.
new text end

new text begin (a) Notwithstanding any other provision of law, the commissioner of natural resources
may:
new text end

new text begin (1) issue permits necessary for the city of Lake Elmo to construct and operate a new
municipal water supply well; and
new text end

new text begin (2) amend existing water use permits issued to the city of Lake Elmo to increase the
authorized volume of water that may be appropriated under the permits to a level consistent
with the amount anticipated to be needed each year according to a water supply plan approved
by the commissioner under Minnesota Statutes, section 103G.291.
new text end

new text begin (b) This section expires June 30, 2027.
new text end

Sec. 56. new text begin WHITE BEAR LAKE AREA WATER-USE PERMIT MODIFICATION
MORATORIUM.
new text end

new text begin (a) Except as provided under paragraph (b), the commissioner of natural resources may
not reduce the total maximum amount of groundwater use permitted under a White Bear
Lake area water-use permit issued or amended before January 1, 2023.
new text end

new text begin (b) Notwithstanding paragraph (a), the commissioner of natural resources may reduce
the authorized amount of groundwater use permitted or impose additional restrictions or
conditions if necessary to address emergency preparedness or other public health and safety
issues as determined by the commissioner.
new text end

new text begin (c) For the purposes of this section, "White Bear Lake area water-use permit" means a
water-use permit authorizing the use of groundwater from one or more wells located wholly
or partially within a five-mile radius of White Bear Lake.
new text end

new text begin (d) This section expires June 30, 2027.
new text end

Sec. 57. new text begin REGISTRATION DECAL FORMAT TRANSITION.
new text end

new text begin Separately displaying registration numbers is not required when a larger-format
registration decal as provided under Minnesota Statutes, section 84.82, subdivision 2, is
displayed according to Minnesota Statutes, section 84.82, subdivision 3b. Snowmobiles
displaying valid but older, smaller-format registration decals must display the separate
registration numbers. Persons may obtain duplicate registration decals in the new, larger
format, when available, without being required to display the separate registration numbers.
new text end

Sec. 58. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber the subdivisions of Minnesota Statutes, section
103G.005, listed in column A to the references listed in column B. The revisor must make
necessary cross-reference changes in Minnesota Statutes and Minnesota Rules consistent
with the renumbering:
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin subdivision 9b
new text end
new text begin subdivision 9d
new text end
new text begin subdivision 13a
new text end
new text begin subdivision 13c
new text end
new text begin subdivision 15h
new text end
new text begin subdivision 15j
new text end

Sec. 59. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 97C.055, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; and 6100.5700, subpart 4, new text end new text begin
are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S2904-1

97C.055 REMOVING DEAD FISH.

The commissioner shall remove and dispose of dead fish that accumulate in or upon the shores of public waters in quantities that are a public nuisance or are detrimental to game fish.

Repealed Minnesota Rule: S2904-1

6100.5000 SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS.

Subp. 3.

[Repealed, L 2023 c 60 art 4 s 112]

Subp. 4.

[Repealed, L 2023 c 60 art 4 s 112]

Subp. 5.

[Repealed, L 2023 c 60 art 4 s 112]

6100.5700 REQUIRED EQUIPMENT.

Subp. 4.

[Repealed, L 2023 c 60 art 4 s 112]