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1994 Minnesota Session Laws

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                            CHAPTER 623-S.F.No. 2429 
                  An act relating to the use of public services and 
                  resources; modifying the list of protected game birds; 
                  authorizing nonresident multiple zone antlered deer 
                  licenses; exemptions from pest control licensing; 
                  purchase of archery deer licenses after the firearms 
                  season opens; limiting the authority of the 
                  commissioner of natural resources to regulate archery; 
                  administration of contraceptive chemicals to wild 
                  animals; possession of firearms in muzzle-loader only 
                  deer zones; modifying restrictions on operation of 
                  snowmobiles by minors; providing for free small game 
                  licenses for disabled veterans; undesirable exotic 
                  aquatic plants and wild animals; Eurasian wild pigs; 
                  clarifying the requirement to wear blaze orange 
                  clothing during deer season; allowing local road 
                  authorities to remove beaver dams and lodges near 
                  public roads; exemptions from fur buying and selling 
                  licensure; extending hours for tending traps; allowing 
                  released game birds to be recaptured without a 
                  license; allowing use of retractable broadhead arrows 
                  in taking big game; authorizing the commissioner of 
                  natural resources to allow use of certain mechanical 
                  devices for hooking fish; allowing nonresidents to 
                  take rough fish by harpooning; requiring the 
                  department of natural resources to share in the 
                  expense of partition fences; allowing the taking of 
                  two deer in designated counties during the 1994 and 
                  1995 hunting seasons; abolishing the nonresident bear 
                  guide license; clarifying restrictions on importation 
                  of fish imported from Ontario; temporarily modifying 
                  provisions relating to raccoon and red fox; requiring 
                  reports; consolidating and recodifying statutes 
                  providing limitations on private personal injury 
                  liability; providing immunity for certain volunteer 
                  athletic physicians and trainers; limiting liability 
                  for certain injuries arising out of nonprofit 
                  livestock activities; modifying provisions dealing 
                  with recreational land use liability; providing 
                  limitations on liability of officers, directors, and 
                  agents of economic development authorities; amending 
                  Minnesota Statutes 1992, sections 18.317, subdivisions 
                  1, 1a, 2, 3, 4, and 5; 84.966, subdivision 1; 84.967; 
                  84.968, subdivision 2; 84.9691; 86B.401, subdivision 
                  11; 97A.015, subdivisions 24 and 52; 97A.115, 
                  subdivision 2; 97A.441, by adding a subdivision; 
                  97A.475, subdivision 3; 97A.485, subdivision 9; 
                  97A.501, by adding a subdivision; 97B.035, by adding a 
                  subdivision; 97B.075; 97B.211, subdivision 2; 97B.701, 
                  by adding a subdivision; 97B.711, subdivision 1; 
                  97B.905, subdivision 1; 97B.931; 97C.325; 144.761, 
                  subdivision 5; 344.03, subdivision 1; and 469.091, by 
                  adding a subdivision; Minnesota Statutes 1993 
                  Supplement, sections 18.317, subdivision 3a; 18B.32, 
                  subdivision 1; 84.872; 84.9692, subdivisions 1 and 2; 
                  84.9695, subdivisions 1, 8, and 10; 97A.531, 
                  subdivision 6, as added; 97B.041; 97B.071; 97B.711, 
                  subdivision 2; Laws 1993, chapters 129, section 4, 
                  subdivision 4; and 273, section 1; proposing coding 
                  for new law in Minnesota Statutes, chapter 97B; 
                  proposing coding for new law as Minnesota Statutes, 
                  chapter 604A; repealing Minnesota Statutes 1992, 
                  sections 31.50; 87.01; 87.021; 87.0221; 87.023; 
                  87.024; 87.025; 87.026; 87.03; 97A.475, subdivision 
                  17; 604.05; 604.08; 604.09; and 609.662, subdivision 5.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                               NATURAL RESOURCES
           Section 1.  Minnesota Statutes 1992, section 18.317, 
        subdivision 1, is amended to read: 
           18.317 [WATER TRANSMITTED HARMFUL EXOTIC SPECIES 
        UNDESIRABLE EXOTIC AQUATIC PLANTS OR WILD ANIMALS.] 
           Subdivision 1.  [TRANSPORTATION PROHIBITED.] Except as 
        provided in subdivision 2, a person may not transport Eurasian 
        or Northern water milfoil, myriophyllum spicatum or exalbescens, 
        zebra mussels, or other water-transmitted harmful exotic species 
        undesirable exotic aquatic plants or wild animals identified by 
        the commissioner of natural resources on a road or highway, as 
        defined in section 160.02, subdivision 7, or on forest roads. 
           Sec. 2.  Minnesota Statutes 1992, section 18.317, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [PLACEMENT PROHIBITED.] A person may not 
        intentionally place ecologically harmful exotic species 
        undesirable exotic aquatic plants or wild animals, as defined in 
        section 84.967, in public waters within the state. 
           Sec. 3.  Minnesota Statutes 1992, section 18.317, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCEPTION.] A person may transport Eurasian or 
        Northern water milfoil, myriophyllum spicatum or exalbescens, or 
        other water-transmitted harmful exotic species undesirable 
        exotic aquatic plants or wild animals identified by the 
        commissioner of natural resources for disposal as part of a 
        harvest or control activity conducted under a permit or as 
        specified by the commissioner. 
           Sec. 4.  Minnesota Statutes 1992, section 18.317, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LAUNCHING OF WATERCRAFT WITH EURASIAN OR 
        NORTHERN WATER MILFOIL OR OTHER HARMFUL SPECIES PROHIBITED.] (a) 
        A person may not place a trailer or launch a watercraft with 
        into waters of the state if the trailer or watercraft has 
        attached to it Eurasian or Northern water milfoil, zebra 
        mussels, or other water-transmitted harmful exotic 
        species undesirable exotic aquatic plants or wild animals 
        identified by the commissioner of natural resources attached 
        into waters of the state.  A conservation officer or other 
        licensed peace officer may order the removal of Eurasian or 
        Northern water milfoil, zebra mussels, or 
        other water-transmitted harmful exotic species undesirable 
        exotic aquatic plants or wild animals identified by the 
        commissioner of natural resources from a trailer or watercraft 
        before being placed or launched into waters of the state. 
           (b) For purposes of this section, the meaning of watercraft 
        includes a float plane and "waters of the state" has the meaning 
        given in section 103G.005, subdivision 17. 
           (c) A commercial harvester shall clean aquatic plant 
        harvesting equipment of all aquatic vegetation at a suitable 
        location before launching the equipment in another body of water.
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        18.317, subdivision 3a, is amended to read: 
           Subd. 3a.  [INSPECTION OF WATERCRAFT AND EQUIPMENT.] 
        Licensed Watercraft and associated equipment, including weed 
        harvesters, that are removed from any waters of the state that 
        the commissioner of natural resources identifies as being 
        contaminated with Eurasian water milfoil, zebra mussels, or 
        other water-transmitted exotic harmful species undesirable 
        exotic aquatic plants or wild animals identified by the 
        commissioner of natural resources, shall be randomly inspected 
        between May 1 and October 15 for a minimum of 10,000 hours by 
        personnel authorized by the commissioner of natural resources.  
        Beginning in calendar year 1994, a minimum of 20,000 hours of 
        random inspections must be conducted per year. 
           Sec. 6.  Minnesota Statutes 1992, section 18.317, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ENFORCEMENT.] This section may be enforced by 
        conservation officers under sections 97A.205 and, 97A.211, and 
        97A.221, subdivision 1, paragraph (a), clause (1), and by other 
        licensed peace officers. 
           Sec. 7.  Minnesota Statutes 1992, section 18.317, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PENALTY.] A person who violates subdivision 1, 
        1a, 3, or 3a is guilty of a misdemeanor.  A person who refuses 
        to obey the order of a peace officer or conservation officer to 
        remove Eurasian or Northern water milfoil, zebra mussels, or 
        other undesirable exotic aquatic plants or wild animals from a 
        trailer or watercraft is guilty of a misdemeanor.  
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        18B.32, subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
        in structural or aquatic pest control applications: 
           (1) for hire without a structural pest control license or, 
        for an aquatic pest control application, an aquatic pest control 
        license; and 
           (2) as a sole proprietorship, company, partnership, or 
        corporation unless the person is or employs a licensed master in 
        structural pest control operations or, for an aquatic pest 
        control application, a commercial aquatic applicator. 
           (b) A structural or aquatic pest control licensee must have 
        a valid license identification card when applying pesticides for 
        hire and must display it upon demand by an authorized 
        representative of the commissioner or a law enforcement 
        officer.  The license identification card must contain 
        information required by the commissioner.  
           (c) Notwithstanding the licensing requirements of this 
        subdivision, a person may control the following nuisance or 
        economically damaging wild animals, by trapping, without a 
        structural pest control license:  
           (1) fur-bearing animals, as defined in section 97A.015, 
        with a valid trapping license or special permit from the 
        commissioner of natural resources; and 
           (2) skunks, woodchucks, gophers, porcupines, coyotes, 
        moles, and weasels. 
           Sec. 9.  Minnesota Statutes 1993 Supplement, section 
        84.872, is amended to read: 
           84.872 [YOUTHFUL SNOWMOBILE OPERATORS; PROHIBITIONS.] 
           Subdivision 1.  [RESTRICTIONS ON OPERATION.] 
        Notwithstanding anything in section 84.87 to the contrary, no 
        person under 14 years of age shall make a direct crossing of a 
        trunk, county state-aid, or county highway as the operator of a 
        snowmobile, or operate a snowmobile upon a street or highway 
        within a municipality.  A person 14 years of age or older, but 
        less than 18 years of age, may make a direct crossing of a 
        trunk, county state-aid, or county highway only if the person 
        has in immediate possession a valid snowmobile safety 
        certificate issued by the commissioner or a valid motor vehicle 
        operator's license issued by the commissioner of public safety 
        or the drivers license authority of another state.  No person 
        under the age of 14 years shall operate a snowmobile on any 
        public land or water under the jurisdiction of the commissioner 
        or grant-in-aid trail unless accompanied by one of the following 
        listed persons on the same or an accompanying snowmobile, or on 
        a device towed by the same or an accompanying snowmobile:  the 
        person's parent, legal guardian, or other person 18 years of age 
        or older.  However, a person 12 years of age or older may 
        operate a snowmobile on public lands and waters under the 
        jurisdiction of the commissioner or a grant-in-aid trail if the 
        person has in immediate possession a valid snowmobile safety 
        certificate issued by the commissioner.  
           Subd. 2.  [OWNER'S DUTIES.] It is unlawful for any person 
        who is the owner or in lawful control of a snowmobile to permit 
        the snowmobile to be operated contrary to the provisions of this 
        section.  
           Subd. 3.  [REPORTING CONVICTIONS; SUSPENSIONS.] When the 
        judge of a juvenile court, or any of its duly authorized agents, 
        shall determine that any person, while less than 18 years of 
        age, has violated the provisions of sections 84.81 to 84.88, or 
        any other state or local law or ordinance regulating the 
        operation of snowmobiles, the judge, or duly authorized agent, 
        shall immediately report such this determination to the 
        commissioner and may recommend the suspension of the person's 
        snowmobile safety certificate.  The commissioner is hereby 
        authorized to suspend the certificate, without a hearing. 
           Sec. 10.  Minnesota Statutes 1992, section 84.966, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] For the purpose of this 
        section, "purple loosestrife" means lythrum salicaria, lythrum 
        virgatum, or combinations thereof. 
           Sec. 11.  Minnesota Statutes 1992, section 84.967, is 
        amended to read: 
           84.967 [ECOLOGICALLY HARMFUL SPECIES; DEFINITION 
        DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For the purposes of sections 
        84.967 to 84.9691 84.9692, the following terms have the meanings 
        given them. 
           Subd. 2.  [ECOLOGICALLY HARMFUL EXOTIC SPECIES.] 
        "Ecologically harmful exotic species" means nonnative aquatic 
        plants or wild animals that can naturalize, have high 
        propagation potential, are highly competitive for limiting 
        factors, and cause or may cause displacement of, or otherwise 
        threaten, native plants or native animals in their natural 
        communities. 
           Subd. 3.  [LIMITED INFESTATION OF EURASIAN WATER 
        MILFOIL.] "Limited infestation of Eurasian water milfoil" or 
        "limited infestation" means an infestation of Eurasian water 
        milfoil that occupies less than 20 percent of the littoral area 
        of a water body up to a maximum of 75 acres, excluding water 
        bodies where mechanical harvesting is used to manage Eurasian 
        water milfoil or where no Eurasian water milfoil control is 
        planned. 
           Sec. 12.  Minnesota Statutes 1992, section 84.968, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REPORT.] The commissioner of natural resources 
        shall by January 1 each year submit a report on ecologically 
        harmful exotic species to the legislative committees having 
        jurisdiction over environmental and natural resource issues.  
        The report must include: 
           (1) detailed information on expenditures for 
        administration, education, eradication, inspections, and 
        research; 
           (2) an analysis of the effectiveness of management 
        activities conducted in the state, including chemical 
        eradication, harvesting, educational efforts, and inspections; 
           (3) information on the participation of other state 
        agencies, local government units, and interest groups in control 
        efforts; 
           (4) information on management efforts in other states; 
           (5) information on the progress made by species; and 
           (6) an estimate of future management needs; and 
           (7) an analysis of the financial impact on persons who 
        transport weed harvesters of the prohibition in section 18.317, 
        subdivision 1. 
           Sec. 13.  Minnesota Statutes 1992, section 84.9691, is 
        amended to read: 
           84.9691 [RULEMAKING.] 
           (a) The commissioner of natural resources may adopt 
        emergency and permanent rules restricting the introduction, 
        propagation, use, possession, and spread of ecologically harmful 
        exotic species in the state, as outlined in section 84.967.  The 
        emergency rulemaking authority granted in this paragraph expires 
        July 1, 1994.  
           (b) The commissioner shall adopt rules to identify bodies 
        of water with limited infestation of Eurasian water milfoil.  
        The areas that are infested shall be marked and prohibited for 
        use. 
           (c) A violation of a rule adopted under this section is a 
        misdemeanor. 
           Sec. 14.  Minnesota Statutes 1993 Supplement, section 
        84.9692, subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY TO ISSUE.] After appropriate 
        training, conservation officers, peace officers, and other staff 
        designated by the commissioner may issue warnings or citations 
        to persons who: 
           (1) unlawfully transport ecologically harmful exotic 
        species on a public road; 
           (2) place a trailer or launch a watercraft with 
        ecologically harmful species attached into waters of the state; 
           (3) operate a watercraft in a marked Eurasian water milfoil 
        limited infestation area; or 
           (4) damage, remove, or sink a buoy marking a Eurasian water 
        milfoil infestation area.  
           Sec. 15.  Minnesota Statutes 1993 Supplement, section 
        84.9692, subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY AMOUNT.] A citation issued under this 
        section may impose up to the following penalty amounts: 
           (1) $50 for transporting visible Eurasian water milfoil on 
        a public road in each of the following locations: 
           (i) the exterior of the watercraft below the gunwales 
        including the propulsion system; 
           (ii) any surface of a watercraft trailer; 
           (iii) any surface of a watercraft interior of the gunwales; 
           (iv) any water container including live wells, minnow 
        buckets, or coolers which hold water; or 
           (v) any other area where visible Eurasian water milfoil is 
        found not previously described in items (i) to (iv); 
           (2) $150 for transporting visible zebra mussels on a public 
        road; 
           (3) $300 for transporting live ruffe or live rusty crayfish 
        on a public road; 
           (4) for attempting to launch or launching into noninfested 
        waters a watercraft with visible Eurasian water milfoil or adult 
        zebra mussels attached, $500 for a first offense and $1,000 for 
        a second or subsequent offense; 
           (5) $100 for operating a watercraft in a marked Eurasian 
        water milfoil limited infestation area other than as provided by 
        law; 
           (6) $150 for intentionally damaging, moving, removing, or 
        sinking a milfoil buoy; or 
           (7) $150 for launching or attempting to launch into 
        infested waters a watercraft with visible Eurasian water milfoil 
        or visible zebra mussels attached.  
           Sec. 16.  Minnesota Statutes 1993 Supplement, section 
        84.9695, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "Commissioner" means the commissioner of natural 
        resources agriculture. 
           (c) "Restricted species" means Eurasian wild pigs and their 
        hybrids (Sus scrofa subspecies and Sus scrofa hybrids), 
        excluding domestic hogs (S. scrofa domesticus). 
           (d) "Release" means an intentional introduction or escape 
        of a species from the control of the owner or responsible party. 
           Sec. 17.  Minnesota Statutes 1993 Supplement, section 
        84.9695, subdivision 8, is amended to read: 
           Subd. 8.  [CONTAINMENT.] The commissioner, in consultation 
        with the commissioner of natural resources, shall develop 
        criteria for approved containment measures for restricted 
        species with the assistance of producers of restricted species. 
           Sec. 18.  Minnesota Statutes 1993 Supplement, section 
        84.9695, subdivision 10, is amended to read: 
           Subd. 10.  [FEE.] The commissioner shall impose a fee for 
        permits in an amount sufficient to cover the costs of issuing 
        the permits and for facility inspections.  The fee may not 
        exceed $50.  Fee receipts must be deposited in the state 
        treasury and credited to the game and fish special revenue fund 
        and are appropriated to the commissioner for the purposes of 
        this section. 
           Sec. 19.  Minnesota Statutes 1992, section 86B.401, 
        subdivision 11, is amended to read: 
           Subd. 11.  [SUSPENSION FOR NOT REMOVING EURASIAN OR 
        NORTHERN WATER MILFOIL OR OTHER HARMFUL UNDESIRABLE EXOTIC 
        SPECIES.] The commissioner, after notice and an opportunity for 
        hearing, may suspend for a period of not more than one year the 
        license of a watercraft if the owner or person in control of the 
        watercraft or its trailer refuses to comply with an inspection 
        order of a conservation officer or other licensed peace officer 
        or an order to remove Eurasian or Northern water milfoil, 
        myriophyllum spicatum or exalbescens, zebra mussels, or 
        other ecologically harmful undesirable exotic aquatic plant and 
        wild animal species identified by the commissioner from the 
        watercraft or its trailer as provided in section 18.317, 
        subdivision 3. 
           Sec. 20.  Minnesota Statutes 1992, section 97A.015, 
        subdivision 24, is amended to read: 
           Subd. 24.  [GAME BIRDS.] "Game birds" means migratory 
        waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 
        spruce grouse, prairie chickens, chukar partridge, gray 
        partridge, bob-white quail, turkeys, coots, gallinules, sora and 
        Virginia rails, American woodcock, and common snipe. 
           Sec. 21.  Minnesota Statutes 1992, section 97A.015, 
        subdivision 52, is amended to read: 
           Subd. 52.  [UNPROTECTED BIRDS.] "Unprotected birds" means 
        English sparrow, blackbird, starling, magpie, cormorant, common 
        pigeon, chukar partridge, quail other than bob-white quail, and 
        great horned owl. 
           Sec. 22.  Minnesota Statutes 1992, section 97A.115, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GAME SPECIES AVAILABLE.] Game Species that may 
        be released and hunted in a licensed shooting preserve must be 
        specified in the license and is limited to unprotected birds, 
        adult pheasant, and bob-white quail, and chukar partridge for 
        private shooting preserves and adult pheasant, bob-white quail, 
        chukar partridge, turkey, mallard duck, black duck, and other 
        species designated by the commissioner for commercial shooting 
        preserves.  These game birds must be pen hatched and raised. 
           Sec. 23.  Minnesota Statutes 1992, section 97A.441, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [TAKING SMALL GAME; DISABLED VETERANS.] A person 
        authorized to issue licenses must issue, without a fee, a 
        license to take small game to a resident who is a veteran, as 
        defined in section 197.447, and who has a 100 percent service 
        connected disability as defined by the United States Veterans 
        Administration upon being furnished satisfactory evidence. 
           Sec. 24.  Minnesota Statutes 1992, section 97A.475, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
        licenses, to be issued to nonresidents, are: 
           (1) to take small game, $56; 
           (2) to take deer with firearms, $110; 
           (3) to take deer by archery, $110; 
           (4) to take bear, $165; 
           (5) to take turkey, $56; and 
           (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 
        and 
           (7) to take antlered deer in more than one zone, $220. 
           Sec. 25.  Minnesota Statutes 1992, section 97A.485, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON 
        OPENS.] (a) The following licenses may not be issued after the 
        day before the opening of the related firearms season: 
           (1) to take deer with firearms or by archery, except a 
        license to take a second more than one deer under section 
        97B.301, subdivision 4; 
           (2) to guide bear hunters; and 
           (3) to guide turkey hunters.  
           (b) Paragraph (a) does not apply to deer licenses for 
        discharged military personnel under section 97A.465, subdivision 
        4.  
           (c) A nonresident license or tag to take and possess 
        raccoon, bobcat, Canada lynx, or fox may not be issued after the 
        fifth day of the open season.  
           Sec. 26.  Minnesota Statutes 1992, section 97A.501, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [CONTRACEPTIVE CHEMICALS.] (a) A person may not 
        administer contraceptive chemicals to noncaptive wild animals 
        without a permit issued by the commissioner. 
           (b) The commissioner shall adopt rules establishing 
        standards and guidelines for the administration of contraceptive 
        chemicals to noncaptive wild animals.  The rules may specify 
        chemical delivery methods and devices and monitoring 
        requirements. 
           Sec. 27.  Minnesota Statutes 1993 Supplement, section 
        97A.531, subdivision 6, as added by Laws 1994, chapter 479, is 
        amended to read: 
           Subd. 6.  [BORDER WATER ENTERPRISE AGREEMENTS.] (a) The 
        commissioner of natural resources in consultation with the 
        commissioner of trade and economic development, in coordination 
        with the federal government, may negotiate and, with the 
        approval of the legislature, enter into agreements with 
        authorized representatives of the province of Ontario and the 
        "first nation" governments in Canada to provide for joint 
        resource management, promotion of tourism, or economic 
        development with respect to lakes through which the 
        Ontario-Minnesota border runs.  When negotiating with Ontario 
        officials on game fish limits in Minnesota-Ontario border 
        waters, the commissioner may not agree to more restrictive 
        limits than are allowed in Ontario, unless the commissioner 
        determines that more restrictive limits are necessary to protect 
        Minnesota's fishery resource. 
           (b) Possession of fish taken by angling and imported into 
        the state from Ontario by a Minnesota resident angler may not 
        number more than the amount of the most restrictive Ontario 
        possession limit by species placed on Minnesota-based anglers 
        fishing in Ontario border waters unless Ontario is equally 
        restrictive on Ontario-based anglers on the same border waters.  
        This paragraph does not apply to fish taken from Ontario border 
        waters on which limits on the number of fish that may be taken 
        are the same for Minnesota-based anglers and Ontario-based 
        anglers. 
           (c) Nothing in this section precludes the possession, 
        importation into, or transportation in the state of one trophy 
        fish of each species for the purpose of having the fish 
        preserved by taxidermy, if the fish is transported whole. 
           (d) Paragraph (b) does not apply if the governor issues a 
        waiver as provided in this paragraph.  The governor may issue a 
        waiver of the requirements of paragraph (b) and subdivisions 2, 
        3, and 4 if after negotiations with authorized representatives 
        of Ontario, the governor determines that the waiver is in the 
        best interest of the citizens of the state.  
           Sec. 28.  Minnesota Statutes 1992, section 97B.035, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [AUTHORITY OF COMMISSIONER.] The commissioner may 
        not impose restrictions on the possession, transportation, or 
        use of archery equipment except as specifically authorized by 
        law. 
           Sec. 29.  Minnesota Statutes 1993 Supplement, section 
        97B.041, is amended to read: 
           97B.041 [POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED 
        IN DEER ZONES.] 
           A person may not possess a firearm or ammunition outdoors 
        during the period beginning the fifth day before the open 
        firearms season and ending the second day after the close of the 
        season within an area where deer may be taken by a firearm, 
        except: 
           (1) during the open season and in an area where big game 
        may be taken, a firearm and ammunition authorized for taking big 
        game in that area may be used to take big game in that area if 
        the person has a valid big game license in possession; 
           (2) an unloaded firearm that is in a case or in a closed 
        trunk of a motor vehicle; 
           (3) a shotgun and shells containing No. 4 buckshot or 
        smaller diameter lead shot or steel shot; 
           (4) a handgun or rifle and only short, long, and long rifle 
        cartridges that are caliber of .22 inches; 
           (5) handguns possessed by a person authorized to carry a 
        handgun under sections 624.714 and 624.715 for the purpose 
        authorized; and 
           (6) on a target range operated under a permit from the 
        commissioner. 
           This section does not apply during an open firearms season 
        in an area where deer may be taken only by muzzleloader, except 
        that muzzleloading firearms lawful for the taking of deer may be 
        possessed only by persons with a valid license to take deer by 
        muzzleloader during that season. 
           Sec. 30.  Minnesota Statutes 1993 Supplement, section 
        97B.071, is amended to read: 
           97B.071 [BLAZE ORANGE REQUIREMENTS.] 
           (a) Except as provided in paragraph (b), a person may not 
        hunt or trap during the open season in a zone or area 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.  Blaze orange includes a camouflage pattern of at least 
        50 percent blaze orange within each foot square.  This section 
        does not apply to migratory waterfowl hunters on waters of this 
        state or in a stationary shooting location. 
           This section is effective for the 1994 firearms deer season 
        and subsequent firearms deer seasons.  The commissioner of 
        natural resources shall, by way of public service announcements 
        and other means, inform the public of the provisions of this 
        section. 
           (b) The commissioner may, by rule, prescribe an alternative 
        color in cases where paragraph (a) would violate the Religious 
        Freedom Restoration Act of 1993, public law number 103-141. 
           Sec. 31.  Minnesota Statutes 1992, section 97B.075, is 
        amended to read: 
           97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 
           A person may not take protected wild animals, except 
        raccoon and fox, with a firearm or by archery between the 
        evening and morning times established by commissioner's rule, or 
        by archery from one-half hour after sunset until one-half hour 
        before sunrise. 
           Sec. 32.  Minnesota Statutes 1992, section 97B.211, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ARROWHEAD REQUIREMENTS.] Arrowheads used for 
        taking big game must be sharp, have a minimum of two metal 
        cutting edges, be of a barbless broadhead design, and must have 
        a diameter of at least seven-eighths inch.  The commissioner may 
        allow retractable broadhead arrowheads that meet the other 
        requirements of this subdivision. 
           Sec. 33.  [97B.667] [REMOVAL OF BEAVER DAMS AND LODGES BY 
        ROAD AUTHORITIES.] 
           When a drainage watercourse is impaired by a beaver dam and 
        the water damages or threatens to damage a public road, the road 
        authority, as defined in section 160.02, subdivision 9, may 
        remove the impairment and any associated beaver lodge within 300 
        feet of the road, if the commissioner approves. 
           Sec. 34.  Minnesota Statutes 1992, section 97B.701, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [RECAPTURE OF RELEASED BOB-WHITE QUAIL.] Released 
        bob-white quail may be recaptured without a license.  In 
        Houston, Fillmore, and Winona counties, this subdivision applies 
        only to birds that are banded or otherwise marked. 
           Sec. 35.  Minnesota Statutes 1992, section 97B.711, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SEASONS FOR CERTAIN UPLAND GAME BIRDS.] 
        (a) The commissioner may, by rule, prescribe an open season in 
        designated areas between September 16 and December 31 for: 
           (1) pheasant; 
           (2) ruffed grouse; 
           (3) sharp tailed grouse; 
           (4) Canada spruce grouse; 
           (5) prairie chicken; 
           (6) gray partridge; 
           (7) chukar partridge; 
           (8) bob-white quail; and 
           (9) (8) turkey. 
           (b) The commissioner may by rule prescribe an open season 
        for turkey in the spring.  
           Sec. 36.  Minnesota Statutes 1993 Supplement, section 
        97B.711, subdivision 2, is amended to read: 
           Subd. 2.  [DAILY AND POSSESSION LIMITS FOR CERTAIN UPLAND 
        GAME BIRDS.] (a) A person may not take more than five in one day 
        or possess more than ten of each of the following: 
           (1) pheasant; 
           (2) ruffed grouse; 
           (3) sharp tailed grouse; 
           (4) Canada spruce grouse; 
           (5) prairie chicken; and 
           (6) gray partridge; and 
           (7) chukar partridge. 
           (b) A person may not take more than ten quail in one day or 
        possess more than 15 bob-white quail. 
           (c) The commissioner may, by rule, reduce the daily and 
        possession limits established in this subdivision. 
           Sec. 37.  Minnesota Statutes 1992, section 97B.905, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSE REQUIREMENT.] 
           (a) A person may not buy or sell raw furs without a fur 
        buying and selling license, except:  
           (1) a taxidermist licensed under section 97A.475, 
        subdivision 19, and a fur manufacturer are not required to have 
        a license to buy raw furs from a person with fur buying and 
        selling licenses; and 
           (2) a person lawfully entitled to take furbearing animals 
        is not required to have a license to sell raw furs to a person 
        with a fur buying and selling license. 
           (b) An employee, partner, or officer buying or selling only 
        for a raw fur dealer licensee at an established place of 
        business licensed under section 97A.475, subdivision 21, clause 
        (a), may obtain a supplemental license under section 97A.475, 
        subdivision 21, clause (b). 
           Sec. 38.  Minnesota Statutes 1992, section 97B.931, is 
        amended to read: 
           97B.931 [TENDING TRAPS RESTRICTED.] 
           A person may not tend a trap set for wild animals between 
        7:00 10:00 p.m. and 5:00 a.m.  Between 5:00 a.m. and 7:00 10:00 
        p.m. a person on foot may use a portable artificial light to 
        tend traps.  While using a light in the field, the person may 
        not possess or use a firearm other than a handgun of .22 caliber.
           Sec. 39.  Minnesota Statutes 1992, section 97C.325, is 
        amended to read: 
           97C.325 [PROHIBITED METHODS OF TAKING FISH.] 
           (a) Except as specifically authorized, a person may not 
        take fish with: 
           (1) explosives, chemicals, drugs, poisons, lime, medicated 
        bait, fish berries, or other similar substances; 
           (2) substances or devices that kill, stun, or affect the 
        nervous system of fish; 
           (3) nets, traps, trot lines, or snares; or 
           (4) spring devices that impale, hook, or capture fish. 
           (b) If a person possesses a substance or device listed in 
        paragraph (a) on waters, shores, or islands, it is presumptive 
        evidence that the person is in violation of this section.  
           (c) The commissioner may, by rule, allow the use of a 
        nonmotorized device with a recoil mechanism to take fish through 
        the ice. 
           Sec. 40.  Minnesota Statutes 1992, section 344.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ADJOINING OWNERS.] If all or a part of 
        adjoining Minnesota land is improved and used, and one or both 
        of the owners of the land desires the land to be partly or 
        totally fenced, the land owners or occupants shall build and 
        maintain a partition fence between their lands in equal shares.  
        The requirement in this section and the procedures in this 
        chapter apply to the department of natural resources when it 
        owns land adjoining privately owned land subject to this section 
        and chapter and the landowner desires the land permanently 
        fenced for the purpose of restraining livestock. 
           Sec. 41.  Laws 1993, chapter 273, section 1, is amended to 
        read: 
           Section 1.  [AUTHORIZATION TO TAKE TWO DEER IN CERTAIN 
        COUNTIES.] 
           Notwithstanding Minnesota Statutes, section 97B.301, 
        subdivision 2, during the 1993 and 1994, 1995, and 1996 hunting 
        seasons in Kittleson, Lake of the Woods, Marshall, Pennington, 
        and Roseau counties a person may obtain one firearms deer 
        license and one archery deer license in the same license year 
        and may take one deer under each license. 
           Sec. 42.  Laws 1993, chapter 129, section 4, subdivision 4, 
        is amended to read: 
           Subd. 4.  [REPORT.] The task force shall submit a written 
        report containing its recommendations and findings to the 
        legislature by January 1, 1994 1995. 
           Sec. 43.  [EXPANDED SEASON FOR RACCOON AND RED FOX; 
        NONRESIDENTS; REPORT.] 
           (a) Notwithstanding Minnesota Statutes, sections 97B.605 
        and 97B.621, subdivision 1, until June 1, 1996, the open season 
        for taking raccoon and red fox is continuous and a person may 
        possess raccoon and red fox in any quantity. 
           (b) Notwithstanding Minnesota Statutes, sections 97A.475, 
        subdivision 3, clause (6), and 97B.601, subdivision 3, until 
        June 1, 1996, a nonresident may take raccoon and red fox with a 
        license issued under Minnesota Statutes, section 97A.475, 
        subdivision 3, clause (1). 
           (c) By January 15, 1996, the commissioner of natural 
        resources shall report to the legislative committees with 
        jurisdiction over natural resources on the effects of paragraphs 
        (a) and (b), including effects on the raccoon and red fox 
        populations in the state, effects on populations in the state of 
        protected species on which raccoon and red fox prey, and other 
        effects.  The report must include any recommendations the 
        commissioner has for changes in the provisions of the game and 
        fish laws relating to raccoon and red fox. 
           Sec. 44.  [SHOOTING HOURS AND RESTRICTIONS RELATING TO 
        FIREARMS AND ARCHERY EQUIPMENT; REPORT.] 
           The commissioner of natural resources shall seek public 
        input and comment on the issues of shooting hours and the 
        possession, transportation, and use of firearms and archery 
        equipment.  By April 1, 1995, the commissioner shall report to 
        the environment and natural resources committees of the 
        legislature with a summary of the public comments received and 
        any recommendations for legislation. 
           Sec. 45.  [ENFORCEMENT OF LAWS RELATED TO BUYING AND 
        SELLING FISH; REPORT.] 
           By January 15, 1995, the commissioner of natural resources 
        shall report to the environment and natural resources committees 
        of the legislature with recommendations for legislation to 
        improve enforcement of Minnesota Statutes, section 97C.391, 
        including record keeping requirements, enhanced remedies, and 
        inspection authorities. 
           Sec. 46.  [INSTRUCTION TO REVISOR.] 
           In the next and subsequent editions of Minnesota Statutes, 
        the revisor of statutes shall renumber section 84.9695 as 
        section 17.457. 
           Sec. 47.  [REPEALER.] 
           Minnesota Statutes 1992, section 97A.475, subdivision 17, 
        is repealed.  
           Sec. 48.  [EFFECTIVE DATE.] 
           Sections 1 to 7, 9 to 27, 29, 30, 32 to 36, and 40 to 47, 
        are effective the day following final enactment. 
           Section 39 is effective January 1, 1995. 
           Sections 28 and 31 are effective July 1, 1995. 
                                   ARTICLE 2
                                GOOD SAMARITANS
           Section 1.  [604A.01] [GOOD SAMARITAN LAW.] 
           Subdivision 1.  [DUTY TO ASSIST.] A person at the scene of 
        an emergency who knows that another person is exposed to or has 
        suffered grave physical harm shall, to the extent that the 
        person can do so without danger or peril to self or others, give 
        reasonable assistance to the exposed person.  Reasonable 
        assistance may include obtaining or attempting to obtain aid 
        from law enforcement or medical personnel.  A person who 
        violates this subdivision is guilty of a petty misdemeanor.  
           Subd. 2.  [GENERAL IMMUNITY FROM LIABILITY.] (a) A person 
        who, without compensation or the expectation of compensation, 
        renders emergency care, advice, or assistance at the scene of an 
        emergency or during transit to a location where professional 
        medical care can be rendered, is not liable for any civil 
        damages as a result of acts or omissions by that person in 
        rendering the emergency care, advice, or assistance, unless the 
        person acts in a willful and wanton or reckless manner in 
        providing the care, advice, or assistance.  This subdivision 
        does not apply to a person rendering emergency care, advice, or 
        assistance during the course of regular employment, and 
        receiving compensation or expecting to receive compensation for 
        rendering the care, advice, or assistance. 
           (b) For the purposes of this section, the scene of an 
        emergency is an area outside the confines of a hospital or other 
        institution that has hospital facilities, or an office of a 
        person licensed to practice one or more of the healing arts 
        under chapter 147, 148, 150A, or 153.  The scene of an emergency 
        includes areas threatened by or exposed to spillage, seepage, 
        fire, explosion, or other release of hazardous materials, and 
        includes ski areas and trails.  
           (c) For the purposes of this section, "person" includes a 
        public or private nonprofit volunteer firefighter, volunteer 
        police officer, volunteer ambulance attendant, volunteer first 
        provider of emergency medical services, volunteer ski patroller, 
        and any partnership, corporation, association, or other entity.  
           (d) For the purposes of this section, "compensation" does 
        not include payments, reimbursement for expenses, or pension 
        benefits paid to members of volunteer organizations. 
           Sec. 2.  [604A.02] [AID TO SHOOTING VICTIM.] 
           A person who is subject to the duty imposed by section 
        609.662, subdivision 3, who, without compensation or expectation 
        of compensation, renders assistance to the injured person, is 
        not liable for any civil damages as a result of acts or 
        omissions by that person in rendering the assistance unless that 
        person acts in a willful and wanton or reckless manner in 
        rendering the assistance.  This section does not apply to a 
        person who renders the assistance during the course of regular 
        employment and receives compensation or expects to receive 
        compensation for rendering the assistance. 
           Sec. 3.  [604A.03] [MISCELLANEOUS GOOD SAMARITAN LAWS.] 
           Certain persons who provide assistance at the scene of a 
        hazardous materials response incident are not liable for damages 
        to the extent provided in section 299A.51, subdivision 3. 
                                   ARTICLE 3
                      VOLUNTEER AND CHARITABLE ACTIVITIES
           Section 1.  [604A.10] [LIABILITY OF FOOD DONORS.] 
           Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
        section, the following terms have the meanings given them. 
           (b) "Distressed food" means, in addition to the definition 
        in section 31.495, certain perishable foods, as defined in 
        section 28A.03, that may not be readily marketable due to 
        appearance, freshness, grade, surplus, or other considerations 
        and are not suspect of having been rendered unsafe or unsuitable 
        for food use and are adequately labeled.  
           (c) "Food bank" means a surplus food collection and 
        distribution system operated and established to assist in 
        bringing donated food to nonprofit charitable organizations and 
        individuals for the purpose of reducing hunger and meeting 
        nutritional needs. 
           (d) "Food facility" means: 
           (1) a restaurant, food establishment, vehicle, vending 
        machine, produce stand, temporary food facility, satellite food 
        distribution facility, stationary mobile food preparation unit, 
        or mobile food preparation unit; 
           (2) a place used in conjunction with the operations 
        described in clause (1), including, but not limited to, storage 
        facilities for food-related utensils, equipment, and materials; 
        or 
           (3) a farmers' market. 
           (e) "Nonprofit charitable organization" means an 
        organization that is incorporated under the Minnesota nonprofit 
        corporation act and is operating for charitable purposes. 
           Subd. 2.  [DONATION; DISTRESSED FOOD.] A food manufacturer, 
        distributor, processor, or a person who donates or collects 
        distressed food to or for a nonprofit charitable organization 
        for distribution at no charge to the elderly or needy, or who 
        directly distributes distressed food to the elderly or needy at 
        no charge, is not liable for any injury, including but not 
        limited to injury resulting from the ingesting of the distressed 
        food, unless the injury is caused by the gross negligence, 
        recklessness or intentional misconduct of the food manufacturer, 
        processor, distributor, or person.  
           Subd. 3.  [DISTRIBUTION.] A food bank or nonprofit 
        charitable organization that in good faith collects or receives 
        and distributes to the elderly or needy, at no charge, food that 
        is fit for human consumption at the time it is distributed, is 
        not liable for any injury, including but not limited to injury 
        resulting from the ingesting of the food, unless the injury is 
        caused by the gross negligence, recklessness or intentional 
        misconduct of the food bank or nonprofit charitable organization.
           Subd. 4.  [OTHER FOOD DONATION.] A food facility that 
        donates, to a food bank or other nonprofit charitable 
        organization, food that is fit for human consumption at the time 
        of donation and distributed by the food bank or nonprofit 
        charitable organization to the elderly or needy at no charge, is 
        not liable for any injury, including, but not limited to, 
        liability resulting from ingestion of the food, unless the 
        injury is caused by the gross negligence, recklessness, or 
        intentional misconduct of the food facility. 
           Subd. 5.  [AUTHORITY NOT RESTRICTED.] This section does not 
        restrict the authority of the commissioner of agriculture to 
        regulate or ban the use or consumption of distressed food 
        donated, collected, or received for charitable purposes.  
           Sec. 2.  [604A.11] [VOLUNTEER ATHLETIC COACHES AND 
        OFFICIALS; PHYSICIANS AND TRAINERS; IMMUNITY FROM LIABILITY.] 
           Subdivision 1.  [GRANT.] (a) No individual who provides 
        services or assistance without compensation as an athletic 
        coach, manager, official, physician, or certified athletic 
        trainer for a sports team that is organized or performing under 
        a nonprofit charter or as a physician or certified athletic 
        trainer for a sports team or athletic event sponsored by a 
        public or private educational institution, and no 
        community-based, voluntary nonprofit athletic association, or 
        any volunteer of the nonprofit athletic association, is liable 
        for money damages to a player, participant, or spectator as a 
        result of an individual's acts or omissions in the providing of 
        that service or assistance either at the scene of the event or, 
        in the case of a physician or athletic trainer, while the 
        player, participant, or spectator is being transported to a 
        hospital, physician's office, or other medical facility. 
           (b) This section applies to organized sports competitions 
        and practice and instruction in that sport. 
           (c) For purposes of this section, "compensation" does not 
        include reimbursement for expenses. 
           Subd. 2.  [LIMITATION.] Subdivision 1 does not apply: 
           (1) to the extent that the acts or omissions are covered 
        under an insurance policy issued to the entity for whom the 
        coach, manager, official, physician, or certified athletic 
        trainer serves; 
           (2) if the individual acts in a willful and wanton or 
        reckless manner in providing the services or assistance; 
           (3) if the acts or omissions arise out of the operation, 
        maintenance, or use of a motor vehicle; 
           (4) to an athletic coach, manager, or official who provides 
        services or assistance as part of a public or private 
        educational institution's athletic program; 
           (5) to a public or private educational institution for 
        which a physician or certified athletic trainer provides 
        services; or 
           (6) if the individual acts in violation of federal, state, 
        or local law. 
           The limitation in clause (1) constitutes a waiver of the 
        defense of immunity to the extent of the liability stated in the 
        policy, but has no effect on the liability of the individual 
        beyond the coverage provided.  The limitation in clause (5) does 
        not affect the limitations on liability of a public educational 
        institution under section 3.736 or chapter 466.  
           Sec. 3.  [604A.12] [LIVESTOCK ACTIVITIES; IMMUNITY FROM 
        LIABILITY.] 
           Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
        section, the following terms have the meanings given them. 
           (b) "Inherent risks of livestock activities" means dangers 
        or conditions that are an integral part of livestock activities, 
        including: 
           (1) the propensity of livestock to behave in ways that may 
        result in death or injury to persons on or around them, such as 
        kicking, biting, or bucking; 
           (2) the unpredictability of livestock's reaction to things 
        like sound, sudden movement, unfamiliar objects, persons, or 
        other animals; 
           (3) natural hazards such as surface or subsurface 
        conditions; or 
           (4) collisions with other livestock or objects. 
           (c) "Livestock" means cattle, sheep, swine, horses, ponies, 
        donkeys, mules, hinnies, goats, buffalo, llamas, or poultry. 
           (d) "Livestock activity" means an activity involving the 
        maintenance or use of livestock, regardless of whether the 
        activity is open to the general public, provided the activity is 
        not performed for profit.  Livestock activity includes: 
           (1) livestock production; 
           (2) loading, unloading, or transporting livestock; 
           (3) livestock shows, fairs, competitions, performances, 
        races, rodeos, or parades; 
           (4) livestock training or teaching activities; 
           (5) boarding, shoeing, or grooming livestock; or 
           (6) riding or inspecting livestock or livestock equipment. 
           (e) "Livestock activity sponsor" means a person who 
        sponsors, organizes, or provides the facilities for a livestock 
        activity that is open to the general public. 
           (f) "Participant" means a person who directly and 
        intentionally engages in a livestock activity.  "Participant" 
        does not include a spectator who is in an authorized area. 
           Subd. 2.  [IMMUNITY FROM LIABILITY.] Except as provided in 
        subdivision 3, a nonprofit corporation, association, or 
        organization, or a person or other entity donating services, 
        livestock, facilities, or equipment for the use of a nonprofit 
        corporation, association, or organization, is not liable for the 
        death of or an injury to a participant resulting from the 
        inherent risks of livestock activities. 
           Subd. 3.  [EXCEPTIONS.] Subdivision 2 does not apply if any 
        of the following exist: 
           (1) the person provided livestock for the participant and 
        failed to make reasonable efforts to determine the ability of 
        the participant to safely engage in the livestock activity or to 
        determine the ability of the participant to safely manage the 
        particular livestock based on the participant's representations 
        of the participant's ability; 
           (2) the person provided equipment or tack for the livestock 
        and knew or should have known that it was faulty to the extent 
        that it caused the injury or death; 
           (3) the person owns or leases the land upon which a 
        participant was injured or died because of a man-made dangerous 
        latent condition and failed to use reasonable care to protect 
        the participant; 
           (4) the person is a livestock activity sponsor and fails to 
        comply with the notice requirement of subdivision 4; or 
           (5) the act or omission of the person was willful or 
        negligent. 
           Subd. 4.  [POSTING NOTICE.] A livestock activity sponsor 
        shall post plainly visible signs at one or more prominent 
        locations in the premises where the livestock activity takes 
        place that include a warning of the inherent risks of livestock 
        activity and the limitation of liability under this section. 
           Sec. 4.  [604A.13] [MISCELLANEOUS VOLUNTEER AND CHARITABLE 
        ACTIVITIES.] 
           An individual and an individual's estate are not liable for 
        an anatomical gift as provided in section 525.9221, paragraph 
        (d). 
           Sec. 5.  [EFFECTIVE DATE; APPLICATION.] 
           Section 3 is effective August 1, 1994, and applies to 
        causes of action arising on or after that date. 
                                   ARTICLE 4
               ACTIVITIES INVOLVING A PUBLIC BENEFIT OR FUNCTION
           Section 1.  [604A.20] [POLICY.] 
           It is the policy of this state, in furtherance of the 
        public health and welfare, to encourage and promote the use of 
        privately owned lands and waters by the public for beneficial 
        recreational purposes, and the provisions of sections 604A.20 to 
        604A.27 are enacted to that end. 
           Sec. 2.  [604A.21] [RECREATIONAL LAND USE; DEFINITIONS.] 
           Subdivision 1.  [GENERAL.] For the purposes of sections 
        604A.20 to 604A.27, the terms defined in this section have the 
        meanings given them, except where the context clearly indicates 
        otherwise.  
           Subd. 2.  [CHARGE.] "Charge" means any admission price 
        asked or charged for services, entertainment, recreational use, 
        or other activity or the offering of products for sale to the 
        recreational user by a commercial for profit enterprise directly 
        related to the use of the land. 
           Subd. 3.  [LAND.] "Land" means privately owned or leased 
        land, roads, water, watercourses, private ways and buildings, 
        structures, and machinery or equipment when attached to the land.
           Subd. 4.  [OWNER.] "Owner" means the possessor of a fee 
        interest or a life estate, tenant, lessee, occupant, or person 
        in control of the land. 
           Subd. 5.  [RECREATIONAL PURPOSE.] "Recreational purpose" 
        includes, but is not limited to, hunting; trapping; fishing; 
        swimming; boating; camping; picnicking; hiking; bicycling; 
        horseback riding; firewood gathering; pleasure driving, 
        including snowmobiling and the operation of any motorized 
        vehicle or conveyance upon a road or upon or across land in any 
        manner, including recreational trail use; nature study; water 
        skiing; winter sports; and viewing or enjoying historical, 
        archaeological, scenic, or scientific sites. 
           Subd. 6.  [RECREATIONAL TRAIL USE.] "Recreational trail use"
        means use on or about a trail, including but not limited to, 
        hunting; trapping; fishing; hiking; bicycling; skiing; horseback 
        riding; snowmobile riding; and motorized trail riding. 
           Sec. 3.  [604A.22] [OWNER'S DUTY OF CARE OR DUTY TO GIVE 
        WARNINGS.] 
           Except as provided in section 604A.25, an owner who gives 
        written or oral permission for the use of the land for 
        recreational purposes without charge: 
           (1) owes no duty of care to render or maintain the land 
        safe for entry or use by other persons for recreational purpose; 
           (2) owes no duty to warn those persons of any dangerous 
        condition on the land, whether patent or latent; 
           (3) owes no duty of care toward those persons except to 
        refrain from willfully taking action to cause injury; and 
           (4) owes no duty to curtail use of the land during its use 
        for recreational purpose. 
           Sec. 4.  [604A.23] [OWNER'S LIABILITY.] 
           An owner who gives written or oral permission for the use 
        of the land for recreational purposes without charge does not by 
        that action: 
           (1) extend any assurance that the land is safe for any 
        purpose; 
           (2) confer upon the person the legal status of an invitee 
        or licensee to whom a duty of care is owed; or 
           (3) assume responsibility for or incur liability for any 
        injury to the person or property caused by an act or omission of 
        the person. 
           Sec. 5.  [604A.24] [LIABILITY; LEASED LAND, WATER FILLED 
        MINE PITS.] 
           Unless otherwise agreed in writing, sections 604A.22 and 
        604A.23 also apply to the duties and liability of an owner of 
        the following land: 
           (1) land leased to the state or any political subdivision 
        for recreational purpose; or 
           (2) idled or abandoned, water filled mine pits whose pit 
        walls may slump or cave, and to which water the public has 
        access from a water access site operated by a public entity.  
           Sec. 6.  [604A.25] [OWNER'S LIABILITY; NOT LIMITED.] 
           Nothing in sections 604A.20 to 604A.27 limits liability 
        that otherwise exists: 
           (1) for conduct which, at law, entitles a trespasser to 
        maintain an action and obtain relief for the conduct complained 
        of; or 
           (2) for injury suffered in any case where the owner charges 
        the persons who enter or go on the land for the recreational 
        purpose, except that in the case of land leased to the state or 
        a political subdivision, any consideration received from the 
        state or political subdivision by the owner for the lease is not 
        considered a charge within the meaning of this section. 
           Except for conduct set forth in section 3, clause (3), a 
        person may not maintain an action and obtain relief at law for 
        conduct referred to by clause (1) if the entry upon the land is 
        incidental to or arises from access granted for the recreational 
        trail use of land dedicated, leased, or permitted by the owners 
        for recreational trail use. 
           Sec. 7.  [604A.26] [LAND USER'S LIABILITY.] 
           Nothing in sections 604A.20 to 604A.27 relieves any person 
        using the land of another for recreational purpose from any 
        obligation that the person may have in the absence of sections 
        604A.20 to 604A.27 to exercise care in use of the land and in 
        the person's activities on the land, or from the legal 
        consequences of failure to employ that care.  
           Sec. 8.  [604A.27] [DEDICATION; EASEMENT.] 
           No dedication of any land in connection with any use by any 
        person for a recreational purpose takes effect in consequence of 
        the exercise of that use for any length of time except as 
        expressly permitted or provided in writing by the owner, nor 
        shall the grant of permission for the use by the owner grant to 
        any person an easement or other property right in the land 
        except as expressly provided in writing by the owner. 
           Sec. 9.  [604A.30] [BREATH ALCOHOL TESTING DEVICE IN LIQUOR 
        ESTABLISHMENTS.] 
           Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
        section, the following terms have the meanings given them. 
           (b) "Breath alcohol testing device" means a device that 
        tests for alcohol concentration by using a breath sample. 
           (c) "Licensed premises" has the meaning given in section 
        340A.101, subdivision 15. 
           (d) "Liquor licensee" means a person licensed under 
        sections 340A.403 to 340A.407 or 340A.414, and includes an agent 
        or employee of a licensee. 
           Subd. 2.  [IMMUNITY FROM LIABILITY.] (a) Subject to 
        subdivision 3, a liquor licensee who administers or makes 
        available a breath alcohol testing device in the licensed 
        premises is immune from any liability arising out of the result 
        of the test.  
           (b) Subject to subdivision 3, a designer, manufacturer, 
        distributor, or seller of a breath alcohol testing device is 
        immune from any products liability or other cause of action 
        arising out of the result of a test by the breath alcohol 
        testing device in a licensed premises. 
           Subd. 3.  [IMMUNITY REQUIREMENTS.] Subdivision 2 applies 
        only if: 
           (1) a conspicuous notice is posted in the licensed premises:
           (i) informing patrons of the immunity provisions of 
        subdivision 2 and notifying them that the test is made available 
        solely for their own informal use and information; and 
           (ii) informing patrons of the alcohol-related driving 
        penalties under sections 169.121 to 169.123, 169.129, and 
        609.21; 
           (2) the type of breath alcohol testing device is certified 
        by the commissioner of public safety under subdivision 7; and 
           (3) the breath alcohol testing device test results are 
        indicated as follows: 
           (i) the breath alcohol testing device shows a white light 
        and gives a reading of alcohol concentration if alcohol 
        concentration is less than .05; 
           (ii) the breath alcohol testing device shows a yellow light 
        and gives a reading of alcohol concentration if alcohol 
        concentration is .05 or more but less than .08; 
           (iii) the breath alcohol testing device shows an orange 
        light and gives a reading of alcohol concentration if alcohol 
        concentration is .08 or more but less than .10, and displays a 
        message that states "You are close to the legal limit and your 
        driving may be impaired"; or 
           (iv) the breath alcohol testing device shows a red light if 
        alcohol concentration is .10 or greater but does not give a 
        reading of alcohol concentration, and displays a message that 
        states that the person fails the test. 
           Subd. 4.  [EVIDENCE.] Evidence regarding the result of a 
        test by a breath alcohol testing device in a licensed premises 
        is not admissible in any civil or criminal proceeding.  
           Subd. 5.  [DRAMSHOP.] This section does not affect 
        liability under section 340A.801. 
           Subd. 6.  [PREPARATION OF NOTICE.] The commissioner of 
        public safety shall prepare and make available to liquor 
        licensees the notices described in subdivision 3. 
           Subd. 7.  [RULES; CERTIFICATION.] The commissioner of 
        public safety shall adopt any rules reasonably required to 
        implement this section, including performance and maintenance 
        standards for breath alcohol testing devices.  The commissioner 
        shall certify breath alcohol testing devices that meet the 
        performance standards.  The costs of rulemaking and 
        certification must be borne by the manufacturers of the breath 
        alcohol testing devices. 
           Sec. 10.  [604A.31] [MISCELLANEOUS PUBLIC BENEFIT OR 
        FUNCTION.] 
           Subdivision 1.  [NURSING HOME RECEIVERS.] Certain nursing 
        home receivers are immune from personal liability as provided in 
        section 144A.15, subdivision 4. 
           Subd. 2.  [HEALTH CARE REVIEW ORGANIZATIONS.] Certain 
        persons involved in health care review organization activities 
        are immune from liability as provided in section 145.63. 
           Subd. 3.  [BACKGROUND CHECKS.] Certain persons who issue 
        certificates in conjunction with gun permit background checks 
        are immune from liability as provided in section 624.713, 
        subdivision 1. 
           Sec. 11.  [EFFECTIVE DATE; APPLICATION.] 
           Sections 1 to 8 are effective August 1, 1994, and apply to 
        causes of action arising on or after that date. 
                                   ARTICLE 5
                                 MISCELLANEOUS
           Section 1.  Minnesota Statutes 1992, section 144.761, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EMERGENCY MEDICAL SERVICES PERSONNEL.] 
        "Emergency medical services personnel" means: 
           (1) individuals employed to provide prehospital emergency 
        medical services; 
           (2) persons employed as licensed police officers under 
        section 626.84, subdivision 1, who experience a significant 
        exposure in the performance of their duties; 
           (3) firefighters, paramedics, emergency medical 
        technicians, licensed nurses, rescue squad personnel, or other 
        individuals who serve as employees or volunteers of an ambulance 
        service as defined by sections 144.801 to 144.8091, who provide 
        prehospital emergency medical services; 
           (4) crime lab personnel receiving a significant exposure 
        while involved in a criminal investigation; 
           (5) correctional guards, including security guards at the 
        Minnesota security hospital, employed by the state or a local 
        unit of government who experience a significant exposure to an 
        inmate who is transported to a facility for emergency medical 
        care; and 
           (6) other persons who render emergency care or assistance 
        at the scene of an emergency, or while an injured person is 
        being transported to receive medical care, and who would qualify 
        for immunity from liability under the good samaritan law, 
        section 604.05 604A.01. 
           Sec. 2.  Minnesota Statutes 1992, section 469.091, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [UNPAID OFFICERS, DIRECTORS, AND AGENTS; 
        LIABILITY.] Section 317A.257 applies to an economic development 
        authority or to a nonprofit corporation exercising the powers of 
        an economic development authority. 
           Sec. 3.  [REPEALER.] 
           Minnesota Statutes 1992, sections 31.50; 87.021; 87.0221; 
        87.023; 87.024; 87.025; 87.026; 87.03; 604.05; 604.08; 604.09; 
        and 609.662, subdivision 5, are repealed. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 3:56 p.m.

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