Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 81

 

STATE OF MINNESOTA

 

 

SPECIAL SESSION -- 2003

 

_____________________

 

FOURTH DAY

 

Saint Paul, Minnesota, Friday, May 23, 2003

 

 

The House of Representatives convened at 1:00 p.m. and was called to order by Steve Smith, Speaker pro tempore.

 

Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.

 

The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

The roll was called and the following members were present:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

A quorum was present.

 

Kahn, Mariani, Sertich and Wagenius were excused.

 

Ellison was excused until 1:55 p.m.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Hoppe moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 82

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Abrams introduced:

 

H. F. No. 55, A bill for an act relating to elections; changing the precinct caucus date; changing the date of the state party nominating election and primary and altering certain deadlines to conform to the change; changing requirements for names appearing on the state party nominating election ballot; changing certain terminology; authorizing cities and school districts to change the date of their primary; amending Minnesota Statutes 2002, sections 10A.31, subdivision 6; 10A.321, subdivision 1; 10A.322, subdivision 1; 10A.323; 202A.14, subdivision 1; 204B.03; 204B.06, subdivision 7; 204B.08, subdivisions 1, 2; 204B.09, subdivision 1; 204B.10, subdivisions 2, 3; 204B.11; 204B.12, subdivision 1; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.27, subdivision 2; 204B.33; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.08, subdivision 4; 204D.09, subdivision 1; 205.065, subdivision 1; 205.13, subdivisions 1a, 6; 205A.03, subdivision 2; 205A.06, subdivisions 1a, 5; 206.82, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 204B.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Meslow and Lesch introduced:

 

H. F. No. 56, A bill for an act relating to legislative enactments; correcting miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Laws 2003, chapter 48, sections 1, 2.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 51, A bill for an act relating to education; providing for early childhood, family, and kindergarten through grade 12 education including general education, education excellence, special programs, facilities and technology, nutrition, school accounting, other programs, libraries, early childhood family support, prevention, self-sufficiency and life long learning, state agencies, deficiencies, and technical amendments; providing for rulemaking; appropriating money; amending Minnesota Statutes 2002, sections 12.21, subdivision 3; 84A.51, subdivision 4; 119A.52; 119A.53; 119B.011, subdivision 20; 120A.05, subdivisions 9, 11; 120A.24, subdivision 4; 120A.41; 121A.21; 121A.41, subdivision 10; 121A.55; 121A.61, subdivision 3; 121A.64; 122A.09, subdivisions 4, 10;


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 83

122A.12, subdivisions 1, 2; 122A.18, subdivision 7a; 122A.21; 122A.22; 122A.41, subdivision 2; 122A.414, by adding a subdivision; 122A.415, subdivisions 1, 3; 122A.58; 122A.63, subdivision 3; 123A.06, subdivision 3; 123A.18, subdivision 2; 123A.73, subdivisions 3, 4, 5; 123B.02, subdivision 1; 123B.14, subdivision 1; 123B.51, subdivisions 3, 4; 123B.52, by adding a subdivision; 123B.53, subdivision 4; 123B.57, subdivisions 1, 4, 6; 123B.59, subdivisions 1, 2, 3, 5, by adding a subdivision; 123B.63, subdivisions 1, 2, 3, 4; 123B.72, subdivision 3; 123B.75, subdivision 5; 123B.88, subdivision 2; 123B.90, subdivisions 2, 3; 123B.91, subdivision 1; 123B.92, subdivisions 1, 3, 9; 123B.93; 124D.03, subdivision 12; 124D.081, by adding a subdivision; 124D.09, subdivisions 3, 9, 10, 13, 16, 20; 124D.10, subdivisions 2a, 3, 4, 13, 16, 20, 23a; 124D.11, subdivisions 1, 2, 4, 6, 9; 124D.118, subdivision 4; 124D.13, subdivisions 2, 4, 8; 124D.135, subdivisions 1, 8; 124D.15, subdivision 7; 124D.16, subdivisions 1, 6; 124D.19, subdivision 3; 124D.20, subdivisions 3, 5, by adding subdivisions; 124D.22, subdivision 3; 124D.42, subdivision 6; 124D.454, subdivisions 1, 2, 3, 8, 10, by adding a subdivision; 124D.52, subdivisions 1, 3; 124D.531, subdivisions 1, 2, 4, 7; 124D.59, subdivision 2; 124D.65, subdivision 5; 124D.86, subdivisions 1a, 3, 4, 5, 6; 125A.05; 125A.12; 125A.21, subdivision 2; 125A.28; 125A.30; 125A.76, subdivisions 1, 4; 125A.79, subdivisions 1, 6; 126C.05, subdivisions 8, 14, 15, 16, 17, by adding a subdivision; 126C.10, subdivisions 1, 3, 4, 17, 24, 28, by adding subdivisions; 126C.13, subdivision 4; 126C.15, subdivision 1; 126C.17, subdivisions 1, 2, 5, 7, 7a, 9, 13; 126C.21, subdivision 3; 126C.40, subdivision 1; 126C.42, subdivision 1; 126C.43, subdivisions 2, 3; 126C.44; 126C.45; 126C.457; 126C.48, subdivision 3; 126C.63, subdivisions 5, 8; 126C.69, subdivisions 2, 9; 127A.05, subdivision 4; 127A.45, subdivisions 2, 3, 7a, 10, 12, 13, 14, 14a, 16; 127A.47, subdivisions 7, 8; 127A.49, subdivisions 2, 3; 128C.02, subdivision 1; 128C.05, by adding a subdivision; 128D.11, subdivision 8; 134.34, subdivision 4; 134.47, subdivision 1; 169.26, subdivision 3; 169.28, subdivision 1; 169.435; 169.449, subdivision 1; 169.4501, subdivisions 3, 4; 169.4503, subdivision 4; 169.454, subdivisions 2, 6; 169.973, subdivision 1; 171.321, subdivision 5; 178.02, subdivision 1; 200.02, subdivisions 7, 23; 205A.03, subdivisions 1, 3, 4; 205A.06, subdivision 1a; 205A.07, by adding a subdivision; 268.052, subdivisions 2, 4; 273.138, subdivision 6; 298.28, subdivision 4; 475.61, subdivisions 1, 3, 4; 611A.78, subdivision 1; Laws 1965, chapter 705, as amended; Laws 2001, First Special Session chapter 6, article 2, section 72; proposing coding for new law in Minnesota Statutes, chapters 123B; 124D; 125A; 126C; 127A; 134; repealing Minnesota Statutes 2002, sections 15.014, subdivision 3; 93.22, subdivision 2; 93.223, subdivision 1; 122A.62; 122A.64; 122A.65; 123A.73, subdivisions 7, 10, 11; 123B.81, subdivision 6; 123B.90, subdivision 1; 124D.09, subdivision 15; 124D.115; 124D.1156; 124D.17; 124D.21; 124D.221; 124D.54; 124D.65, subdivision 4; 124D.84, subdivision 2; 124D.89; 124D.93; 125A.023, subdivision 5; 125A.09; 125A.47; 125A.79, subdivision 2; 125B.11; 126C.01, subdivision 4; 126C.05, subdivision 12; 126C.125; 126C.14; 126C.55, subdivision 5; 127A.41, subdivision 6; 128C.01, subdivision 5; 128C.02, subdivision 8; 128C.13; 144.401, subdivision 5; 169.441, subdivision 4; 239.004; Laws 1993, chapter 224, article 8, section 20, subdivision 2, as amended; Laws 2000, chapter 489, article 2, section 36, as amended; Laws 2001, First Special Session chapter 3, article 4, sections 1, 2; Laws 2001, First Special Session chapter 6, article 2, section 52; Laws 2001, First Special Session chapter 6, article 5, section 12, as amended; Minnesota Rules, parts 3500.0600; 3520.0400; 3520.1400; 3520.3300; 3530.1500; 3530.2700; 3530.4400; 3530.4500; 3530.4700; 3550.0100.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

S. F. Nos. 9 and 27.

 

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 84

FIRST READING OF SENATE BILLS

 

 

S. F. No. 9, A bill for an act relating to state lands; modifying certain boundary waters canoe area provisions; providing for certain state land acquisition; modifying the Mississippi whitewater trail; modifying provisions of the outdoor recreation system; establishing a mineral coordinating committee; establishing boundaries for a proposed state park; adding to and deleting from state parks, state recreation areas, state forests, and wildlife management areas; authorizing public and private sales and conveyances of certain state lands; requiring certain land exchanges; modifying certain appropriations conditions; amending Minnesota Statutes 2002, sections 84.523, by adding a subdivision; 85.013, subdivision 1; 85.0156, subdivision 1; 86A.04; Laws 2001, First Special Session chapter 2, section 14, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 93.

 

The bill was read for the first time.

 

 

SUSPENSION OF RULES

 

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Howes moved that the rule therein be suspended and an urgency be declared so that S. F. No. 9 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

 

Howes moved that the rules of the House be so far suspended that S. F. No. 9 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

 

S. F. No. 9 was read for the second time.

 

 

S. F. No. 9 was reported to the House.

 

 

Krinkie moved to amend S. F. No. 9 as follows:

 

Page 32, lines 25 to 34, delete section 34

 

Page 32, line 36, after "18," insert "and" and delete ", and 34"

 

 

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

 

 

S. F. No. 9 was read for the third time.

 

 

LAY ON THE TABLE

 

Howes moved that S. F. No. 9 be laid on the table. The motion prevailed and S. F. No. 9 was laid on the table.


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 85

FIRST READING OF SENATE BILLS, Continued

 

 

S. F. No. 27, A bill for an act relating to municipalities; extending the maximum length of guaranteed energy savings contracts from ten to 15 years; amending Minnesota Statutes 2002, section 471.345, subdivision 13.

 

The bill was read for the first time.

 

 

SUSPENSION OF RULES

 

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Wardlow moved that the rule therein be suspended and an urgency be declared so that S. F. No. 27 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

 

Wardlow moved that the rules of the House be so far suspended that S. F. No. 27 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

 

S. F. No. 27 was read for the second time.

 

 

The Speaker assumed the Chair.

 

 

S. F. No. 27, A bill for an act relating to municipalities; extending the maximum length of guaranteed energy savings contracts from ten to 15 years; amending Minnesota Statutes 2002, section 471.345, subdivision 13.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 104 yeas and 26 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Adolphson

Anderson, J.

Atkins

Beard

Biernat

Blaine

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jaros

Johnson, J.

Johnson, S.

Kelliher

Kielkucki

Klinzing

Koenen

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Magnus

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Severson

Sieben

Slawik

Smith

Soderstrom

Solberg

Strachan

Sykora

Thao

Thissen

Tingelstad

Urdahl

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Spk. Sviggum


 


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 86

Those who voted in the negative were:

 


Abrams

Anderson, B.

Anderson, I.

Bernardy

Borrell

Davids

Eastlund

Goodwin

Greiling

Jacobson

Juhnke

Knoblach

Kohls

Krinkie

Kuisle

Lindner

Lipman

Mahoney

Otremba

Seifert

Simpson

Stang

Swenson

Vandeveer

Walker

Zellers


 

 

The bill was passed and its title agreed to.

 

 

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

 

RECESS

 

RECONVENED

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

SUSPENSION OF RULES

 

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Howes moved that the rule therein be suspended and an urgency be declared so that H. F. No. 13 be recalled from the Committee on Rules and Legislative Administration and given its second and third readings and be placed upon its final passage. The motion prevailed.

 

 

Howes moved that the rules of the House be so far suspended that H. F. No. 13 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

 

H. F. No. 13 was read for the second time.

 

 

H. F. No. 13 was reported to the House.

 

 

Howes moved to amend H. F. No. 13 as follows:

 

Delete everything after the enacting clause and insert the following language of S. F. No. 9:

 

"Section 1. Minnesota Statutes 2002, section 84.523, is amended by adding a subdivision to read:

 

Subd. 6. [STATE OWNED LANDS.] Acquired lands owned by the state within the boundary waters canoe area defined in subdivision 1 are designated as state wilderness areas under section 86A.05, subdivision 6.


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 87

Sec. 2. Minnesota Statutes 2002, section 85.013, subdivision 1, is amended to read:

 

Subdivision 1. [NAMES, ACQUISITION; ADMINISTRATION.] State parks, (a) Designated monuments, recreation reserves, and waysides heretofore established and hereby confirmed as state monuments, state recreation areas and state waysides together with the counties in which they are situated are listed in this section and shall hereafter be named as indicated in this section.

 

(b) Any land that now is or hereafter becomes tax-forfeited land and is located within the described boundaries of a state recreation area as defined by session laws is hereby withdrawn from sale and is transferred from the custody, control, and supervision of the county board of the county to the commissioner of natural resources, free from any trust in favor of the interested taxing districts. The commissioner shall execute a certificate of acceptance of the lands on behalf of the state for such purposes and transmit the same to the county auditor of the county for record as provided by law in the case of tax-forfeited land transferred to the commissioner by resolution of the county board for conservation purposes.

 

Sec. 3. Minnesota Statutes 2002, section 85.0156, subdivision 1, is amended to read:

 

Subdivision 1. [CREATION.] An urban whitewater trail is created along the Mississippi river in the lower St. Anthony falls area below the stone arch bridge in Minneapolis. The trail must be primarily developed for whitewater rafters, canoers, and kayakers.

 

Sec. 4. Minnesota Statutes 2002, section 86A.04, is amended to read:

 

86A.04 [COMPOSITION OF SYSTEM.]

 

The outdoor recreation system shall consist of all state parks; state recreation areas; state trails established pursuant to sections 84.029, subdivision 2, and 85.015, 85.0155, and 85.0156; state scientific and natural areas; state wilderness areas; state forests; state wildlife management areas; state water access sites, which include all lands and facilities established by the commissioner of natural resources or the commissioner of transportation to provide public access to water; state wild, scenic, and recreational rivers; state historic sites; state rest areas, which include all facilities established by the commissioner of transportation for the safety, rest, comfort and use of the highway traveler, and shall include all existing facilities designated as rest areas and waysides by the commissioner of transportation; and any other units not listed in this section that are classified under section 86A.05. Each individual state park, state recreation area, and so forth is called a "unit."

 

Sec. 5. [93.0015] [MINERAL COORDINATING COMMITTEE.]

 

Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] The mineral coordinating committee is established to plan for diversified mineral development. The mineral coordinating committee consists of:

 

(1) the commissioner of natural resources;

 

(2) the deputy commissioner of the Minnesota pollution control agency;

 

(3) the director of United Steelworkers of America, district 11, or the director's designee;

 

(4) the commissioner of iron range resources and rehabilitation;

 

(5) the director of the Minnesota geological survey;

 

(6) the dean of the University of Minnesota institute of technology;


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 88

(7) the director of the natural resources research institute; and

 

(8) three individuals appointed by the governor for a four-year term, one each representing the iron ore and taconite, nonferrous metallic minerals, and industrial minerals industries within the state.

 

Subd. 2. [STAFFING.] The commissioner of natural resources shall serve as chair of the committee. A member of the committee may designate another person of the member's organization to act in the member's place. The commissioner shall provide staff and administrative services necessary for the committee's activities.

 

Subd. 3. [EXPIRATION.] Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the committee expires June 30, 2007.

 

Subd. 4. [ADVICE.] The mineral coordinating committee is encouraged to solicit and receive advice from representatives of the United States Geological Survey, United States Environmental Protection Agency, and United States Department of Energy.

 

Sec. 6. [PROPOSED GREENLEAF LAKE STATE PARK.]

 

Subdivision 1. [PROPOSED PARK.] Boundaries for a proposed Greenleaf Lake state park in Meeker county are established according to subdivision 2.

 

Subd. 2. [BOUNDARIES.] The following described lands are proposed for Greenleaf Lake state park, all in Township 118 North, Range 30 West, Meeker county:

 

(1) all of Government Lots 1 and 2, the East Half of the South 23.61 acres of Government Lot 3, and Government Lot 4, excepting that part described as follows: Beginning at a point 109 feet South of a point on the section line which is 4301.5 feet East of the northwest corner of Section 20; thence in a southwesterly direction South 14 degrees 36 seconds West 403.0 feet; thence in a southeasterly direction South 75 degrees 24 minutes East 402 feet, to a point on the meandered line of Sioux Lake; thence in a northeasterly direction along the meandered line North 14 degrees 36 minutes East 553 feet; thence in a southwesterly direction along the meandered line South 84 degrees 00 minutes West 431 feet, to the point of beginning, said exception containing 4.4 acres more or less; all in Section 20;

 

(2) all of Government Lot 2, the Southeast Quarter except that described as follows: Beginning at the northeast corner of said Southwest Quarter of the Southeast Quarter; thence on an assumed bearing of South 0 degrees 08 minutes 46 seconds West, along the east line of said Southwest Quarter of the Southeast Quarter, a distance of 306.24 feet; thence on a bearing of North 84 degrees 17 minutes 23 seconds West, 628.50 feet; thence on a bearing of North 0 degrees 08 minutes 46 seconds East, 338.05 feet; thence on a bearing of South 86 degrees 08 minutes East, 626.86 feet to the east line of the Northwest Quarter of the Southeast Quarter; thence on a bearing of South 0 degrees 08 minutes 46 seconds West, along last said line, 52.07 feet to the point of beginning. Containing 2.5 acres, more or less. Subject to the rights of the public in County Road No. 172; and excepting the north nine and eighty-four hundredths (9.84) acres of the Southeast Quarter of the Southeast Quarter described as follows: Beginning at the northeast corner of the Southeast Quarter of the Southeast Quarter and running; thence West nineteen and ninety-two hundredths chains (19.92) to the 1/16 section corner; thence South on the 1/16 section line four and sixty-four hundredths (4.64) chains; thence East nineteen and ninety-three hundredths (19.93) chains to the section line; thence North on section line five and twenty-four hundredths (5.24) chains to the place of beginning; all in Section 21;

 

(3) the Northeast Quarter of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Northeast Quarter of the Northwest Quarter, and the Northwest Quarter of the Northwest Quarter, all in Section 28;


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 89

(4) all of Section 29, except that part of Government Lot 4 bounded by the following described lines: Beginning at a point of intersection with the center line of County Road No. 169 and the north line of said Section 29; thence North 90 degrees 00 minutes East, 994.8 feet along the north line of said Section 29; thence South 00 degrees 00 minutes West, 17.9 feet; thence South 75 degrees 28 minutes West, 1051.4 feet, to the center line of County Road No. 169; thence North 04 degrees 39 minutes East, 282.7 feet along the center line of County Road No. 169 to the point of beginning: Including all riparian rights to the contained 3.4 acres more or less and subject to existing road easements; all in Section 29;

 

(5) the Southeast Quarter of the Southeast Quarter, the Northeast Quarter of the Southeast Quarter, the Southeast Quarter of the Northeast Quarter, and the Northeast Quarter of the Northeast Quarter, all in Section 30; and

 

(6) the West 15 acres of the Northwest Quarter of the Northwest Quarter of Section 32.

 

Subd. 3. [LAND PURCHASES.] The commissioner may not use money in the land acquisition account under Minnesota Statutes, section 94.165, to purchase land for Greenleaf state park. The commissioner may only purchase land for Greenleaf state park with money appropriated specifically for that purpose.

 

Sec. 7. [ADDITIONS TO STATE PARKS.]

 

Subdivision 1. [85.012] [Subd. 18.] [FORT SNELLING STATE PARK, RAMSEY, HENNEPIN, AND DAKOTA COUNTIES.] The following areas are added to Ft. Snelling state park, Dakota and Hennepin counties:

 

(1) the following is in Section 18, Township 27 North, Range 23 West, Dakota county: that part of Government Lot 8, according to the Government Survey thereof, described as follows: commencing at the southwest corner of said Government Lot 8; thence on an assumed bearing of South 88 degrees 21 minutes 46 seconds East, along the south line of said Government Lot 8, a distance of 1287.93 feet to the actual point of beginning of the property to be described; thence continuing South 88 degrees 21 minutes 46 seconds East, along said south line of Government Lot 8, a distance of 1055.38 feet to the southwesterly right-of-way line of Cedar Avenue (Nicols Road); thence northwesterly along said southwesterly right-of-way line to a point distant 75.00 feet southeasterly, measured along said southwesterly right-of-way line, from its intersection with the southeasterly right-of-way line of the Chicago, St. Paul, Minneapolis, and Omaha Railroad; thence South 48 degrees 15 minutes 09 seconds West, parallel with said southeasterly right-of-way line, a distance of 150.00 feet; thence North 29 degrees 28 minutes 09 seconds West, parallel with said southwesterly right-of-way line, a distance of 75.00 feet to the southeasterly right-of-way line of said railroad; thence southwesterly along said southeasterly right-of-way line to its intersection with a line bearing North 32 degrees 45 minutes 39 seconds West from the point of beginning; thence South 32 degrees 45 minutes 39 seconds East a distance of 323.53 feet to the point of beginning; EXCEPTING THEREFROM that part described as follows: beginning at the intersection of the south line of said Government Lot 8 and the southwesterly right-of-way line of Cedar Avenue (Nicols Road); thence northwesterly along said southwesterly right-of-way line a distance of 285.00 feet; thence South 57 degrees 40 minutes 36 seconds West a distance of 446.50 feet to a point on the south line of said Government Lot 8, distant 508.50 feet West of the point of beginning; thence South 88 degrees 21 minutes 46 seconds East, along the south line of said Government Lot 8, a distance 508.50 feet to the point of beginning;

 

(2) that part of the East Half of the Northeast Quarter North of Little Creek, Section 6, Township 27 North, Range 23 West, described as follows: Beginning at the northeast corner of the Northeast Quarter of said Section 6; thence South along the east line of said Section 6, a distance of 2115.8 feet to center of Little Creek so-called; thence with a bearing of North 74 degrees 30 minutes 00 seconds West from last mentioned course, a distance of 750 feet along said center of creek; thence North 38 degrees 53 minutes 00 seconds West a distance of 170 feet along the center of said creek; thence North 14 degrees 44 minutes 00 seconds West, a distance of 250 feet along said center line of creek; thence southwesterly along said center line of creek a distance of 505 feet to a point on the west line of the East Half of said Northeast Quarter of Section 6, said point being 1790.6 feet South of the north line of said


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 90

Northeast Quarter of Section 6; thence North along the west line of the East Half of the Northeast Quarter of said Section 6, a distance of 1790.6 feet to the north line of said Northeast Quarter; thence East 1320 feet to the point of beginning, the title thereto being registered as evidenced by Certificate of Title No. 590582; which lies southerly of Line 1 described as follows: From the northeast corner of Section 6, Township 27 North, Range 23 West, run southerly on the east line of said Section 6, on an azimuth of 179 degrees 57 minutes 16 seconds for 50.13 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 235 degrees 01 minutes 06 seconds for 94.31 feet; thence on an azimuth of 224 degrees 33 minutes 00 seconds for 196.82 feet; thence on an azimuth of 230 degrees 12 minutes 40 seconds for 403.57 feet; thence on an azimuth of 233 degrees 15 minutes 41 seconds for 276.59 feet; thence on an azimuth of 237 degrees 46 minutes 24 seconds for 338.06 feet; thence on an azimuth of 247 degrees 21 minutes 24 seconds for 314.42 feet more or less to the west line of the East Half of said Section 6, and there terminating. Subject to the following restrictions: no access shall be permitted to Trunk Highway 393, renumbered 494, from the lands herein described and conveyed; and

 

(3) that part of Section 20, Township 28 North, Range 23 West, of the fourth principal meridian, Hennepin county, Minnesota, as shown on an October 28, 1997, survey done by William H. Herbst for Group No. 179 titled "TOWNSHIP 28 NORTH, RANGE 23 WEST, OF THE FOURTH PRINCIPAL MERIDIAN, MINNESOTA. DEPENDENT RESURVEY AND SURVEY U.S. BUREAU OF MINES, TWIN CITIES RESEARCH CENTER, WITHIN THE FORT SNELLING MILITARY RESERVATION," described as follows: Commencing at Station H.H., said station being a 1-inch-diameter steel rod firmly imbedded in concrete (to get to Station H.H: Commence at the southwest corner of Section 17, Township 28 North, Range 23 West, said corner being MCM 107 of the city of Minneapolis and state of Minnesota coordinate grid systems; thence South 39 degrees 54 minutes 57 seconds East, a distance of 4,015.45 feet to monument number 2 located on a western extension of the south line of the U.S. Department of the Interior, Bureau of Mines reservation heretofore established; thence South 89 degrees 52 minutes 00 seconds East for a distance of 1,192 feet, more or less, along the south boundary and fence line of the Bureau of Mines to Station H.H.); thence on an assumed bearing of North 89 degrees 55.3 minutes West, a distance of 234.85 feet, along the south line of the U.S. Department of the Interior, Bureau of Mines reservation to the POINT OF BEGINNING; thence North 34 degrees 20.5 minutes West, a distance of 187.42 feet; thence North 23 degrees 39.6 minutes West, a distance of 80.18 feet; thence North 19 degrees 26.3 minutes West, a distance of 75.69 feet; thence North 16 degrees 31.6 minutes West, a distance of 70.66 feet; thence North 13 degrees 22.0 minutes West, a distance of 70.02 feet; thence North 10 degrees 30.0 minutes West, a distance of 80.78 feet; thence North 08 degrees 56.6 minutes West, a distance of 73.92 feet; thence North 07 degrees 52.2 minutes West, a distance of 1,189.90 feet to a point on the north line of the U.S. Department of the Interior, Bureau of Mines reservation (said point lying South 89 degrees 54.6 minutes West, a distance of 18.0 feet from Station A.A.); thence South 89 degrees 54.6 minutes West, a distance of 740.84 feet along said north line; thence South 14 degrees 43.1 minutes East, a distance of 846.53 feet; thence South 13 degrees 29.7 minutes East, a distance of 57.42 feet; thence South 12 degrees 47.1 minutes East, a distance of 424.03 feet; thence South 25 degrees 57.4 minutes East, a distance of 283.01 feet; thence South 38 degrees 45.3 minutes East, a distance of 303.20 feet to the south line of said reservation; thence South 89 degrees 55.3 minutes East, a distance of 478.70 feet to the point of beginning.

 

Subd. 2. [85.012] [Subd. 33.] [LAKE BEMIDJI STATE PARK, BELTRAMI COUNTY.] The following area is added to Lake Bemidji state park, all in Township 146 North, Range 33 West, Beltrami county:

 

That part of Lot 1, Block 3 of LINDS ADDITION TO BEMIDJI, according to the recorded plat thereof on file and of record in the Beltrami county recorder's office, in Section 2, described as follows: commencing at the southeast corner of said Lot 1, Block 3; thence westerly along the south line of said Lot 1, Block 3 to a point being 25 feet easterly of, measured at right angles to, the centerline of an existing trail and the point of beginning of the land to be described; thence northwesterly parallel with and 25 feet easterly of measured at right angles to, the centerline of the existing trail to a point being 25 feet northerly of, measured at right angles to, the south line of said Lot 1, Block 3; thence westerly, parallel with and 25 feet northerly of the south line of said Lot 1, Block 3, to a point being 25 feet westerly of, measured at right angles to, the centerline of the existing trail; thence southerly, perpendicular to the south line of said Lot 1, Block 3, to the said south line of Lot 1, Block 3; thence easterly along the south line of said Lot 1, Block 3, to the point of beginning.


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Subd. 3. [85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK, LAKE COUNTY.] The following areas are added to Tettegouche state park, Lake county: the Northeast Quarter of Section 16, Township 56 North, Range 7 West.

 

Sec. 8. [DELETION FROM TETTEGOUCHE STATE PARK.]

 

[85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK, LAKE COUNTY.] The following area is deleted from Tettegouche state park, Lake county: the Southwest Quarter of Section 16, Township 56 North, Range 7 West.

 

Sec. 9. [ADDITIONS TO STATE RECREATION AREAS.]

 

Subdivision 1. [85.013] [Subd. 2c.] [BIG BOG STATE RECREATION AREA, BELTRAMI COUNTY.] The following area is added to Big Bog state recreation area, Beltrami county: that part of Government Lot 6 lying east of Minnesota state trunk highway 72, Section 5, Township 154, Range 30.

 

Subd. 2. [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA, ST. LOUIS COUNTY.] The following areas are added to Iron Range Off-Highway Vehicle recreation area, St. Louis county:

 

(1) the NW1/4, lying north of the Mesabi Trail, in Section 23, Township 58 North, Range 17 West, containing approximately 80 acres; and

 

(2) the N1/2 of the NW1/4, SW1/4 of the NW1/4, and the NW1/4 of the SW1/4 all in Section 3, Township 58 North, Range 17 West, containing approximately 160 acres.

 

Sec. 10. [ADDITIONS TO STATE FORESTS.]

 

Subdivision 1. [89.021] [Subd. 38.] [PAUL BUNYAN STATE FOREST.] The following area is added to Paul Bunyan state forest: S1/2SE1/4 of Section 25, Township 143 North, Range 34 West; Lot 10 of Section 15, Township 141 North, Range 33 West; Government Lot 4 and the SW1/4NW1/4 of Section 22, Township 141 North, Range 33 West; and the NW1/4SW1/4 of Section 9; the N1/2NE1/4; W1/2NW1/4 and the SE1/4NW1/4 of Section 16, Township 141 North, Range 32 West.

 

Subd. 2. [89.021] [Subd. 46.] [SAVANNA STATE FOREST.] The following area is added to Savanna state forest: SW1/4-SW1/4 of Section 32, Township 48 North, Range 23 West.

 

Subd. 3. [89.021] [Subd. 51a.] [WAUKENABO STATE FOREST.] The following areas are added to Waukenabo state forest:

 

(1) Lot 1 of Section 4, Township 47 North, Range 26 West;

 

(2) Lot 2 and NE1/4-SW1/4 of Section 1 and Lot 8 of Section 2, all in Township 48 North, Range 26 West; and

 

(3) NE1/4-NW1/4 and SW1/4-NW1/4 of Section 11, Township 48 North, Range 27 West.

 

Sec. 11. [DELETIONS FROM STATE FORESTS.]

 

Subdivision 1. [89.021] [Subd. 19.] [FOOT HILLS STATE FOREST.] The following areas are deleted from Foot Hills state forest, Cass county:


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(1) that part of Government Lot 4 lying west of County Road No. 6, Section 8, Township 140 North, Range 31 West;

 

(2) that part of the SW1/4-NW1/4 lying northwest of County Road No. 6, Section 15, Township 140 North, Range 31 West; and

 

(3) that part of the NE1/4-SW1/4 lying north of County Road No. 6, Section 16, Township 140 North, Range 31 West.

 

Subd. 2. [89.021] [Subd. 27.] [KABETOGAMA STATE FOREST.] The following areas are deleted from Kabetogama state forest, St. Louis county:

 

(1) that portion of Government Lot 5, Section 1, Township 67 North, Range 17 West, sold pursuant to section 26 of this act; and

 

(2) Outlot B, Plat of Sunset Forest, located in Section 22, Township 69 North, Range 21 West.

 

Subd. 3. [89.021] [Subd. 34.] [MISSISSIPPI HEADWATERS STATE FOREST.] The following areas are deleted from Mississippi Headwaters state forest, Beltrami county:

 

(1) SE1/4-NE1/4, Section 32, Township 147 North, Range 34 West; and

 

(2) SW1/4-NW1/4, Section 33, Township 147 North, Range 34 West.

 

Subd. 4. [89.021] [Subd. 41.] [RED LAKE STATE FOREST.] The following areas are deleted from Red Lake state forest, Beltrami county, all in Section 20, Township 154 North, Range 30 West, upon completion of the sale described in section 16:

 

(1) the Northeast Quarter of the Southwest Quarter;

 

(2) the North 10 acres of the Southeast Quarter of the Southwest Quarter; and

 

(3) the West 10 acres of the Northwest Quarter of the Southeast Quarter.

 

Sec. 12. [DELETIONS FROM RED LAKE WILDLIFE MANAGEMENT AREA.]

 

[97A.133] [Subd. 44.] [RED LAKE WILDLIFE MANAGEMENT AREA; BELTRAMI COUNTY] The following areas are deleted from Red Lake wildlife management area:

 

(1) all of Sections 1 and 2; Lot 1, Lot 2, the S1/2 of the NE1/4, and the SE1/4 of Section 3; the E1/2, the SE1/4 of the NW1/4, the NE1/4 of the SW1/4, and the S1/2 of the SW1/4 of Section 10; all of Sections 11, 12, 13, 14, and 15; all in Township 155 North, Range 31 West; and

 

(2) all of Sections 25, 26, and 27; the E1/2, the NW1/4, and the N1/2 of the SW1/4 of Section 34; the N1/2 and the SW1/4 of Section 35; the N1/2, the E1/2 of the SW1/4; the SW1/4 of the SW1/4, the W1/2 of the SE1/4 and the SE1/4 of the SE1/4 of Section 36; all in Township 156 North, Range 31 West.


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Sec. 13. Laws 2001, First Special Session chapter 2, section 14, subdivision 4, is amended to read:

 

Subd. 4. Fish and Wildlife Habitat 10,042,000 8,238,000

 

Summary by Fund

 

Future Resources Fund 1,805,000 -0-

 

Trust Fund 8,237,000 8,238,000

 

(a) Forest and Prairie Stewardship of Private Lands

 

$272,000 the first year and $273,000 the second year are from the trust fund to the commissioner of natural resources, in cooperation with the Minnesota Forestry Association and the Nature Conservancy, to develop stewardship plans for private prairie and forested lands and to implement natural resource projects by providing matching money on a one-to-one basis to private landowners. This appropriation is available until June 30, 2004, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(b) State Fish Hatchery Rehabilitation

 

$145,000 is from the future resources fund to the commissioner of natural resources to accelerate hatchery rehabilitation.

 

(c) Enhancing Canada Goose Hunting and Management

 

$340,000 is from the future resources fund to the commissioner of natural resources for an agreement with the Minnesota Waterfowl Association to acquire leases to enter into professional and technical agreements on private farmlands for development of foraging sites and public hunting opportunities and to provide technical assistance to local units of government in developing controlled hunts for nuisance geese. This appropriation is available until June 30, 2004.

 

(d) Biological Control of Eurasian Water Milfoil and Purple Loosestrife - Continuation

 

$45,000 the first year and $45,000 the second year are from the trust fund to the commissioner of natural resources for the fifth biennium of a five biennia project to develop and implement biological controls for Eurasian water milfoil and purple loosestrife. This appropriation is available until June 30, 2004, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.


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(e) Restoring Minnesota's Fish and Wildlife Habitat Corridors

 

$5,873,000 the first year and $5,872,000 the second year are from the trust fund to the commissioner of natural resources for acceleration of agency programs and cooperative agreements with Minnesota Waterfowl Association, Minnesota Deer Hunters Association, Ducks Unlimited, Inc., National Wild Turkey Federation, Pheasants Forever, The Nature Conservancy, Minnesota Land Trust, Trust for Public Land, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, Natural Resources Conservation Service, and the U.S. Forest Service to restore and acquire fragmented landscape corridors that connect areas of quality habitat to sustain fish, wildlife, and plants. $352,000 is for program coordination, corridor identification, and mapping. $3,343,000 is for restoration and management activities in wildlife management areas, wetland habitat, lakes, wild rice beds, grasslands, and fisheries habitat. $2,650,000 is for conservation easement programs on riparian areas, big woods forests, native prairies, and wetlands. $5,400,000 is for habitat acquisition activities on prairies, riparian areas, and other fish and wildlife habitat corridors. As part of the required work program, criteria and priorities for planned acquisition and restoration activities must be submitted to the legislative commission on Minnesota resources for review and approval. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources. Any land acquired in fee title by the commissioner of natural resources with money from this appropriation must be designated:

 

(1) as an outdoor recreation unit under Minnesota Statutes, section 86A.07; or

 

(2) as provided in Minnesota Statutes, sections 89.018, subdivision 2, paragraph (a); 97A.101; 97A.125; 97C.001; and 97C.011.

 

The commissioner may so designate any lands acquired in less than fee title. This appropriation is available until June 30, 2004, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(f) Engineering Support for Public Lands Waterfowl Projects

 

$275,000 is from the future resources fund to the commissioner of natural resources for an agreement with Ducks Unlimited, Inc., to provide survey and engineering support to natural resources agencies for waterfowl projects on public lands.


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(g) Metro Greenways

 

$1,365,000 the first year and $1,365,000 the second year are from the trust fund to the commissioner of natural resources for the metro greenways program for planning, improving, and protecting important natural areas in the metropolitan region through grants, contracted services, conservation easements, and fee acquisition. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources. This appropriation is available until June 30, 2004, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(h) Acquisition of Lands as Scientific and Natural Areas

 

$227,000 the first year and $228,000 the second year are from the trust fund to the commissioner of natural resources to acquire land with natural features of statewide significance in the scientific and natural area program long-range plan and to improve land acquired with this appropriation. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources.

 

(i) Big Rivers Partnership: Helping Communities to Restore Habitat

 

$455,000 the first year and $455,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to implement private and public habitat projects on a cost-share basis in the Mississippi and Minnesota river valleys. This appropriation is available until June 30, 2004, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(j) Acquisition of Eagle Creek's Last Private Land

 

$910,000 is from the future resources fund to the commissioner of natural resources for an agreement with the city of Savage to acquire a buffer strip along Eagle Creek for transfer and dedication as an aquatic management area. Acquisition expenses incurred prior to July 1, 2001, may be reimbursed by the commissioner. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources.


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(k) Neighborhood Wilds Program

 

$135,000 is from the future resources fund to the commissioner of natural resources for the neighborhood wilds program to assist neighborhoods adjacent to public lands and natural areas in restoration and management of habitat through demonstration projects. This appropriation is available until June 30, 2004, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

Sec. 14. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; AITKIN COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general.

 

(c) The land to be sold is located in Aitkin county and is described as:

 

Six acres in Government Lot 3 as in Document #198469 less 2.69 acres plat Section 24, Township 52, Range 26, more accurately described as: That part of Government Lot 3, Section 24, Township 52 North, Range 26 West, Aitkin County, Minnesota, described as follows: Commencing at the southwest corner of Government Lot 3, Section 24, thence North, assumed bearing, along the west line of Government Lot 3 a distance of 819.59 feet; thence South 89 degrees 50 minutes 32 seconds East a distance of 244.00 feet to the point of beginning of parcel to be described; thence continuing South 89 degrees 50 minutes 32 seconds East a distance of 893 feet, more or less, to the mean high water mark of Hill Lake; thence southeasterly along the meandered shoreline of Hill Lake a distance of 416 feet, more or less, to a point at the intersection of the mean high water line of Hill Lake and line "A" as hereinafter described; thence South 69 degrees 27 minutes 14 seconds West a distance of 188 feet, more or less; thence North 41 degrees 52 minutes 10 seconds West a distance of 245.95 feet; thence North 76 degrees 23 minutes 39 seconds West a distance of 653.09 feet; thence due North a distance of 139.56 feet to the point of beginning containing six acres. Line "A" is hereby described by commencing at the previous point of beginning; thence due South a distance of 139.56 feet; thence South 76 degrees 23 minutes 39 seconds East a distance of 653.09 feet; thence South 41 degrees 52 minutes 10 seconds East a distance of 245.95 feet to the beginning of line "A"; thence North 69 degrees 27 minutes 14 seconds East a distance of 188 feet, more or less, along line "A" to the mean high water line of Hill Lake, which is also the end of line "A." Which lies easterly of the following described line: Commencing at the southwest corner of said Government Lot 3; thence on an assumed bearing of North along the west line of said Government Lot 3, a distance of 819.59 feet; thence South 89 degrees 50 minutes 32 seconds East, a distance of 818.97 feet to the point of beginning of the line to be described; thence South 0 degrees 09 minutes 28 seconds West, a distance of 154.06 feet; thence South 18 degrees 42 minutes 02 seconds West, a distance of 120 feet more or less to the southerly line of the above described tract and there terminating.

 

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

 

Sec. 15. [PUBLIC SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY.]

 

(a) Notwithstanding Minnesota Statutes, section 94.10, the commissioner of natural resources may sell by public sale for less than the appraised value the surplus land that is described in paragraph (c).


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(b) The conveyance must be in a form approved by the attorney general.

 

(c) The land to be sold is located in Beltrami county and is described as: Lots 6 through 12, Block 11, First Addition to Blackduck.

 

(d) The commissioner has determined that the land is no longer needed for any natural resource purpose and that the state's land management interests would best be served if the land was sold.

 

Sec. 16. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; BELTRAMI COUNTY.]

 

(a) Notwithstanding the classification and public sale provisions of Minnesota Statutes, chapters 84A and 282, the commissioner of natural resources may sell to Waskish township the consolidated conservation land that is described in paragraph (c) under the remaining provisions of Minnesota Statutes, chapters 84A and 282.

 

(b) The conveyance must be in a form approved by the attorney general and must provide that the land reverts to the state if it is not used for public airport purposes. The conveyance must reserve an easement to ensure public access and state management access to the public and private lands to the west and south. The attorney general may make necessary changes in the legal description to correct errors and ensure accuracy. The consideration for the conveyance must not be less than the appraised value of the land and timber and any survey costs. Proceeds shall be disposed of according to Minnesota Statutes, chapter 84A. No payments made under State Lease Numbered 144-015-0558 will be refunded, but payments made may be credited against the payments due.

 

(c) The land that may be conveyed is located in Beltrami county and is described as: the Northeast Quarter of the Southwest Quarter; the North 10 acres of the Southeast Quarter of the Southwest Quarter; and the West 10 acres of the Northwest Quarter of the Southeast Quarter, all in Section 20, Township 154 North, Range 30 West.

 

Sec. 17. [CONVEYANCE OF SURPLUS STATE LAND; CASS COUNTY.]

 

(a) Notwithstanding Minnesota Statutes, chapter 94, or other law, administrative rule, or commissioner's order to the contrary, the commissioner of administration may convey to Cass county or a regional jail authority for no consideration all the buildings and land that are described in paragraph (c), except the land described in paragraph (d).

 

(b) The conveyance shall be in a form approved by the attorney general and subject to Minnesota Statutes, section 16A.695. The commissioner of administration shall have a registered land surveyor prepare a legal description of the property to be conveyed. The attorney general may make necessary changes in the legal description to correct errors and ensure accuracy.

 

(c) The land and buildings of the Ah-Gwah-Ching property that may be conveyed to Cass county or a regional jail authority are located in that part of the South Half, Section 35, Township 142 North, Range 31 West and that part of Government Lot 6, Section 2, Township 141 North, Range 31 West, in Cass county, depicted on the certificate of survey prepared by Landecker and Associates, Inc. dated April 25, 2002. The land described in paragraph (d) is excepted from the conveyance.

 

(d) That portion of the Ah-Gwah-Ching property to be excepted from the conveyance to Cass county or a regional jail authority is the land located between the shoreline and the top of the bluff line and is approximately described as follows:

 

(1) all that part of the Southeast Quarter of Southwest Quarter, Section 35, Township 142 North, Range 31 West, lying southeasterly of a line that lies 450 feet southeasterly of and parallel with Minnesota Highway No. 290;


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(2) Government Lot 4, Section 35, Township 142 North, Range 31 West;

 

(3) that part of Government Lot 3, Section 35, Township 142 North, Range 31 West, lying southerly of Minnesota Highway No. 290 and westerly of Minnesota Highway No. 371; and

 

(4) that part of Government Lot 6, Section 2, Township 141 North, Range 31 West, lying southeasterly of the 1,410 foot contour.

 

The commissioner of administration shall determine the exact legal description upon further site analysis and the preparation of the surveyor's legal description described in paragraph (b).

 

(e) Notwithstanding anything herein to the contrary, a conveyance under this section to Cass county or a regional jail authority may include a conveyance by a bill of sale of the water treatment facilities located within the land described in paragraph (d) and a nonexclusive appurtenant easement for such facilities over the land upon which such facilities are located, including ingress and egress as determined by the commissioner. The easement shall be in a form approved by the attorney general.

 

(f) At the option of the state, Cass county or the regional jail authority must, for a period of at least two years, allow the state to lease the space necessary to operate its programs for the cost of utilities for the leased space. During the term of the lease, the state shall be responsible for any and all maintenance and repairs the state determines are necessary for its use of the leased space.

 

Sec. 18. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CROW WING COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general for a consideration of the appraised value.

 

(c) The land to be sold is located in Crow Wing county and is described as:

 

All of the following:

 

That part of Railroad Lot 7, located in the Northwest Quarter of the Southeast Quarter of Section 22, Township 43 North, Range 32 West, shown as Parcel 212A on Minnesota department of transportation right-of-way plat numbered 18-79 as the same is on file and of record in the office of the county recorder in and for Crow Wing county, Minnesota;

 

containing 0.770 hectare (1.90 acres), more or less; together with other rights as set forth below, forming and being part of said Parcel 212A:

 

Access:

 

All right of access as shown on said plat by the access control symbol.


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Temporary Easement:

 

A temporary easement for highway purposes as shown on said plat as to said Parcel 212A by the temporary easement symbol; said easement shall cease on December 1, 2008, or on such earlier date upon which the commissioner of transportation determines by formal order that it is no longer needed for highway purposes.

 

Sec. 19. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CROW WING COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general.

 

(c) The land to be sold is located in Crow Wing county and is described as: Undivided 303/720 interest in the Northeast Quarter of the Northeast Quarter of Section 36, Township 44 North, Range 32 West.

 

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

 

Sec. 20. [PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general for consideration no less than the appraised value of the land.

 

(c) The land to be sold is located in Itasca county and is described as:

 

(1) that part of Outlot B, the north one-half of the vacated roadway south of Outlot B of the Plat of GREEN-ROCK on file at the Itasca county recorder's office, and Government Lot 3, Section 24, Township 60 North, Range 22 West of the Fourth Principal Meridian described as follows:

 

Commencing at the northwest corner of said Outlot B; thence South 88 degrees 30 minutes 57 seconds West, bearing assigned, along the extended north line of said Outlot B, 14.64 feet; thence North 06 degrees 25 minutes 20 seconds West 175.49 feet; thence South 87 degrees 58 minutes 29 seconds East 377.61 feet to the point of beginning of the tract to be described; thence South 89 degrees 27 minutes 27 seconds East 269.45 feet; thence South 02 degrees 43 minutes 38 seconds East 142.22 feet more or less to the south line of said Government Lot 3 and the east corner of said Outlot B; thence South 80 degrees 20 minutes 57 seconds West along the south line of Outlot B 85.55 feet more or less to the intersection of the south line of Outlot B and the west line of Scott Avenue projected north; thence South 09 degrees 39 minutes 03 seconds East along the west line of said projected Scott Avenue 16.50 feet to the south line of the north half of the vacated roadway lying south of Outlot B; thence South 80 degrees 20 minutes 57 seconds West along said south line of north half of vacated roadway 187.10 feet more or less to intersect a line bearing South 02 degrees 43 minutes 38 seconds East from the point of beginning; thence North 02 degrees 43 minutes 38 seconds West 206.87 feet more or less to the point of beginning. Tract contains 1.1 acres more or less;

 

(2) that part of SE-NW, Section 24, Township 60 North, Range 22 West, lying south and east of County Road 531;


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(3) the South 295.16 feet of the West 295.16 feet of SE-SW of Section 10, Township 60 North, Range 25 West;

 

(4) the North 100 feet of the South 768 feet of SW-NW, Section 33, Township 62 North, Range 24 West, lying East of State Highway No. 1 LESS AND EXCEPT the East 245 feet thereof; and

 

(5) that part of Lot 3 lying East of a line drawn parallel to and 66 feet West of the E 1/16th line of Section 20, Township 150 North, Range 28 West.

 

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

 

Sec. 21. [PRIVATE SALE OF TAX-FORFEITED LAND; KOOCHICHING COUNTY.]

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Koochiching county may sell by private sale to the Bois Forte band of Chippewa Indians the tax-forfeited land, some of which borders public water, that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general at a price agreed to by the Koochiching county board and the Bois Forte tribal council.

 

(c) The land to be sold is located within the Nett Lake Reservation in Koochiching county and is described as fractional interests in:

 

(1) W1/2SW1/4, Section 2, Township 64 North, Range 22 West;

 

(2) E1/2NE1/4, Section 13, Township 65 North, Range 23 West;

 

(3) E1/2SE1/4, Section 7, Township 64 North, Range 23 West;

 

(4) NE1/4SW1/4 and NW1/4SE1/4, Section 18, Township 64 North, Range 23 West;

 

(5) N1/2SE1/4, Section 11, Township 65 North, Range 23 West;

 

(6) W1/2SE1/4, Section 28, Township 66 North, Range 23 West;

 

(7) W1/2NE1/4, Section 3, Township 65 North, Range 22 West;

 

(8) Government Lots 3 and 4, Section 3, Township 65 North, Range 22 West;

 

(9) S1/2SW1/4, Section 3, Township 65 North, Range 22 West;

 

(10) S1/2SE1/4, Section 22, Township 64 North, Range 22 West;

 

(11) Lots 2 and 3, Section 19, Township 64 North, Range 22 West;

 

(12) Lot 2, Section 30, Township 64 North, Range 23 West;

 

(13) Lot 3, Section 30, Township 64 North, Range 23 West;

 

(14) W1/2NE1/4, Section 34, Township 66 North, Range 23 West;


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 101

(15) E1/2SW1/4, Section 28, Township 66 North, Range 22 West;

 

(16) SE1/4NE1/4 and NE1/4SE1/4, Section 25, Township 65 North, Range 23 West;

 

(17) N1/2NE1/4, Section 7, Township 64 North, Range 22 West;

 

(18) S1/2NE1/4, Section 4, Township 65 North, Range 23 West;

 

(19) SE1/4NW1/4 and NE1/4SW1/4, Section 4, Township 65 North, Range 23 West;

 

(20) S1/2NE1/4, Section 10, Township 65 North, Range 23 West;

 

(21) W1/2SW1/4, Section 12, Township 65 North, Range 23 West;

 

(22) SW1/4NW1/4 and NW1/4SW1/4, Section 11, Township 65 North, Range 23 West;

 

(23) SW1/4NE1/4 and Government Lot 2, Section 6, Township 64 North, Range 22 West;

 

(24) Lots 3 and 4, Section 4, Township 65 North, Township 23 West;

 

(25) S1/2SE1/4, Section 33, Township 66 North, Range 23 West;

 

(26) N1/2NE1/4, Section 20, Township 64 North, Range 23 West; and

 

(27) Lot 13 and NW1/4SE1/4, Section 6, Township 64 North, Range 23 West.

 

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

 

Sec. 22. [PRIVATE SALE OF TAX-FORFEITED LAND; LAKE COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general for consideration no less than the appraised value of the land.

 

(c) The land to be sold is located in Lake county and is described as: the North 600 feet of the Westerly 150 feet of the SE 1/4 of the NE 1/4, Section 24, Township 55 North, Range 9 West.

 

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

 

Sec. 23. [CONVEYANCE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; LAKE OF THE WOODS COUNTY.]

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 94.09 to 94.16, or other law to the contrary, the commissioner of transportation may convey to the city of Baudette for no consideration the surplus land bordering public water that is described in paragraph (c).


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 102

(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state if the city of Baudette stops using the land for the public purpose described in paragraph (d).

 

(c) The land to be conveyed is located in Lake of the Woods county, consists of approximately 6.04 acres, and is described as: tract in Government Lot 4, Section 35, Township 161, Range 31 (parcel number R60.35.43.02E).

 

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

 

Sec. 24. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; NORMAN COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general.

 

(c) The land to be sold is located in Norman county and is described as:

 

Parcel #18-6909000: a triangular piece or parcel of land beginning at the southeast corner of the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section Nineteen (19) Township One Hundred Forty-six (146) North of Range Forty-eight (48) West of the Fifth Principal Meridian; thence running North on the quarter line fifty-six and one-half (56 1/2) rods; thence due West fifty-six and one-half (56 1/2) rods; thence in a southeasterly direction to the place of beginning, containing ten (10) acres, more or less.

 

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

 

Sec. 25. [PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATERS; SCOTT COUNTY.]

 

(a) Notwithstanding Minnesota Statutes, sections 92.45; 94.09; 94.10; 97A.135, subdivision 2a; and 103F.535, the commissioner of natural resources shall sell by private sale the surplus land bordering public waters that is described in paragraph (e).

 

(b) The conveyance shall be in a form approved by the attorney general for consideration of no less than the appraised value of the land.

 

(c) The deed must contain a restrictive covenant that prohibits altering, disturbing vegetation in, draining, filling, or placing any material or structure of any kind on or in the existing wetland area located on the land; prohibits any increase in run-off rate or volume from the land or future buildings into said wetland; and prohibits diverting or appropriating water from said wetland.

 

(d) The consideration received for the conveyance shall be deposited in the state treasury and credited to the wildlife acquisition account in the game and fish fund. The money is appropriated to the commissioner of natural resources for wildlife land acquisition purposes.


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 103

(e) The land that may be sold is in the Prior Lake wildlife management area in Scott county and is described as:

 

The East 1200 feet of the South 800 feet of the Southwest Quarter of the Southeast Quarter of Section 22, Township 115 North, Range 22 West. Including the abandoned right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (formerly the Hastings and Dakota Railway Company). Containing 22 acres, more or less.

 

(f) This land no longer fits into the state wildlife management area system because of hunting limitations, its small size, and future development planned for the area. Proceeds from the sale will be used to purchase lands more suitable for wildlife management and public use.

 

Sec. 26. [PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATERS; ST. LOUIS COUNTY.]

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale to adjacent landowners the surplus land bordering public waters that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general and the consideration must be equal to the fair market value of the land plus the cost of appraisal.

 

(c) The land to be sold is in St. Louis county and is a parcel of land to be split from Government Lot 5, Section 1, Township 67 North, Range 17 West. The exact area to be sold will be determined by completion of a further site analysis.

 

(d) The conveyance is necessary for installation of a community septic system to benefit the adjacent land owners in Government Lot 6, Section 1, Township 67 North, Range 17 West.

 

(e) The commissioner has determined that the parcel needed for the purpose described in paragraph (d) is available for surplus, will not be necessary for natural resources purposes, and is best suited for the above-stated purpose.

 

Sec. 27. [PUBLIC OR PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general for a consideration of taxes due on the property and any penalties, interest, and costs. The conveyance must reserve fisheries easements of at least 75 feet on either side of the stream for the property described in paragraph (c), clauses (1) and (2), and at least 50 feet of shoreland for the property described in paragraph (c), clauses (3) and (4).

 

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

 

(1) the West 200 feet of W1/2 of S1/2 of NE1/4 of SE1/4, Section 9, Township 50, Range 14, consisting of 3.03 acres, Plat/Parcel Code: 10-2710-2750;


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 104

(2) the SW1/4SE1/4, except part southerly of center line of Sargent Creek, Section 4, Township 48, Range 15, consisting of 20.47 acres, Plat/Parcel Code: 10-2730-540;

 

(3) Lots 6 and 7, Erickson Beach, Section 27, Township 57, Range 17, consisting of .46 acre, Plat/Parcel Code: 340-90-60; and

 

(4) Lot 8, except easterly 50 feet and the easterly 50 feet of Lot 8, Erickson Beach, Section 27, Township 57, Range 17, consisting of .5 acre, Plat/Parcel Codes: 340-90-80, 340-90-85.

 

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

 

Sec. 28. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general for a consideration of the appraised value.

 

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

 

(1) Lot 7, Block E, Endion Division (10-1440-70);

 

(2) Lots 10-13, Block 1, Endion Division (10-1440-180) and Lot 7, Block 1, except part NW'ly of NE'ly extension of SE'ly line of Lot 6, Endion Division (10-1440-150);

 

(3) Lot 9, Block 1, Endion Division (10-1440-170); and

 

(4) Lots 1-4, Block E, Endion Division (10-1440-10) and that part of the easterly 33 feet of 24th Avenue East lying south of Water Street.

 

(d) The county has determined that the county's land management interests would best be served if the lands were sold to the city of Duluth.

 

Sec. 29. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.]

 

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

 

(b) The conveyance must be in a form approved by the attorney general for a consideration of taxes due on the property and any penalties, interest, and costs.


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 105

(c) The land to be sold is located in St. Louis county and is described as: Lots 54 and 55, Lake Nichols, town of Northland (parcel code 490-0020-00560).

 

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

 

Sec. 30. [LAND EXCHANGE; LAKE OF THE WOODS COUNTY.]

 

(a) Notwithstanding Minnesota Statutes, sections 94.342, subdivision 3, and 94.343, subdivision 3, the commissioner of natural resources shall, with the approval of the land exchange board as required under the Minnesota Constitution, article XI, section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.348, exchange the following land bordering on public waters for the land described in paragraph (b): the North 859.83 feet of the Southwest Quarter of the Southwest Quarter and the North 859.83 feet of Government Lot 7, Section 5, Township 167 North, Range 33 West.

 

(b) The land bordering on public waters to be obtained by the commissioner in the exchange under paragraph (a) is described as: the Northeast Quarter of the Southwest Quarter, Section 5, Township 167 North, Range 33 West.

 

Sec. 31. [LAND EXCHANGE; ST. LOUIS COUNTY.]

 

Subdivision 1. [EXCHANGE REQUIRED.] The commissioner of natural resources shall exchange, according to Laws 1998, chapter 389, article 16, section 31, as amended by Laws 1999, chapter 184, Laws 2000, chapter 488, article 3, section 31, and Laws 2001, chapter 164, section 5, the following trust fund land in St. Louis county: Lot 11, Block 1 of Lake Leander Homesite Plat No. 1, Section 16, Township 60 North, Range 19 West, for county land.

 

Subd. 2. [DEADLINE.] The exchange required under subdivision 1 must be completed by June 30, 2004.

 

Sec. 32. [CONVEYANCE OF LAND; COOK COUNTY.]

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09 to 94.16, 161.144, or any other law, the commissioner of transportation shall convey to Cook county for no consideration the land bordering public water that is described in paragraph (c). The commissioner may not convey the land until Cook county enters into an agreement with the commissioner of transportation to spend an amount equal to the value of the land described in paragraph (c) for airport purposes. The value of the land shall be determined by a current appraisal.

 

(b) The conveyance must be in a form approved by the attorney general and must convey the land free and clear of any requirement to use the land for a particular purpose.

 

(c) The land to be conveyed is described as:

 

(1) all of Government Lots 1, 2, 10, 11, and 12 of Section 30, Township 62 North, Range 1 East of the Fourth Principal Meridian, Cook county, Minnesota, according to plat of resurvey accepted by the United States of America, Department of Interior, Bureau of Land Management, on May 22, 1951, except the land lying South and East of the following described line:

 

From the northwest corner of said Section 30, South 2 degrees 18 minutes East for a distance of 1758.9 feet to the meander corner Sections 25 and 30 on the north shore of Devils Track Lake; thence North 2 degrees 18 minutes West 26.4 feet to a point on the section line; thence south 87 degrees 05 minutes East for a distance of 646.8 feet; thence South 88.4 feet to a point on the north shore of Devils Track Lake which is the point of beginning of the line to be described herein; from said point of beginning North for a distance of 88.4 feet; thence South 87 degrees 05 minutes East for a distance of 1442.8 feet; thence South 100 feet; thence South 87 degrees 05 minutes East for a


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 106

distance of 947.1 feet to a point on the North-South quarter line of said Section 30, said point being 124.1 feet South of the center of Section 30, subject to reservation of the coal and other minerals and conditions and limitations provided by the Federal Act of December 22, 1928 (45 Stat., 1069); and

 

(2) that part of Government Lot 3, Section 30, Township 62 North, Range 1 East, Cook county, Minnesota, lying within the following described lines:

 

Beginning at the northwest corner of Section 30, Township 62 North, Range 1 East, Cook county, thence South 02 degrees 00 minutes East for a distance of 1747 feet; thence South 87 degrees 05 minutes East for a distance of 2089.6 feet; thence South for a distance of 100 feet; thence South 87 degrees 05 minutes East for a distance of 947.1 feet to a point on the North-South quarter line of Section 30 which is the point of beginning of the property to be described herein; from said point of beginning thence South 87 degrees 05 minutes East for a distance of 450 feet; thence North 01 degrees 38 minutes East for a distance of 840 feet; thence North 87 degrees 05 minutes West for a distance of 450 feet to a point on the North-South quarter line of Section 30; thence South 01 degrees 38 minutes West on said North-South quarter line for a distance of 840 feet to the point of beginning.

 

Sec. 33. [PRIVATE SALE OF COUNTY LAND; WADENA COUNTY.]

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, section 373.01, subdivision 1, Wadena county may sell by private sale to the commissioner of natural resources lands described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general for a consideration of the appraised value of the land.

 

(c) The land to be sold is located in Wadena county and is described as the South Half of the Southeast Quarter of Section 32, Township 138 North, Range 33 West.

 

Sec. 34. [FLOOD HAZARD MITIGATION GRANTS; PARTIAL COMPLETION OF PROJECTS.]

 

The commissioner of natural resources may allocate money for the flood hazard mitigation grants from the appropriation in Laws 2002, chapter 393, section 7, subdivision 20, as amended by Laws 2002, First Special Session chapter 1, section 12, for partial construction of projects, notwithstanding that the projects will not be completed until an additional appropriation is made, and notwithstanding Minnesota Statutes, section 16B.31, subdivision 2.

 

Sec. 35. [EFFECTIVE DATE.]

 

Sections 13, 17, 18, 31, and 34 are effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to state lands; modifying certain boundary waters canoe area provisions; providing for certain state land acquisition; modifying the Mississippi whitewater trail; modifying provisions of the outdoor recreation system; establishing a mineral coordinating committee; establishing boundaries for a proposed state park; adding to and deleting from state parks, state recreation areas, state forests, and wildlife management areas; authorizing public and private sales and conveyances of certain state lands; requiring certain land exchanges; modifying certain appropriations conditions; amending Minnesota Statutes 2002, sections 84.523, by adding a subdivision; 85.013, subdivision 1; 85.0156, subdivision 1; 86A.04; Laws 2001, First Special Session chapter 2, section 14, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 93."

 

 

The motion prevailed and the amendment was adopted.


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 107

H. F. No. 13, as amended, was read for the third time.

 

 

LAY ON THE TABLE

 

Howes moved that H. F. No. 13, as amended, be laid on the table. The motion prevailed and H. F. No. 13, as amended, was laid on the table.

 

 

POINT OF ORDER

 

Seifert raised a point of order pursuant to rule 7.01 relating to Duties and Privileges of the Speaker. Speaker pro tempore Abrams deferred his decision on the Seifert point of order.

 

 

Pursuant to rule 2.30, Speaker pro tempore Abrams called Goodwin to order.

 

 

MOTION FOR RECONSIDERATION

 

Lipman moved that the vote whereby S. F. No. 14 was not passed on Thursday, May 22, 2003, be now reconsidered.

 

 

MOTION TO LAY ON THE TABLE

 

Rukavina moved that the Lipman motion for reconsideration be laid on the table.

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Rukavina motion and the roll was called. There were 64 yeas and 65 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Atkins

Beard

Biernat

Borrell

Bradley

Buesgens

Davids

Davnie

DeLaForest

Dill

Dorn

Eken

Ellison

Hackbarth

Hausman

Heidgerken

Hilty

Holberg

Hoppe

Howes

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kielkucki

Klinzing

Koenen

Kohls

Krinkie

Kuisle

Lieder

Lindner

Nelson, C.

Nelson, M.

Olson, M.

Otremba

Otto

Ozment

Pelowski

Penas

Pugh

Rukavina

Seifert

Severson

Sieben

Slawik

Smith

Solberg

Stang

Swenson

Thao

Urdahl

Vandeveer

Walker

Walz

Wardlow

Westerberg

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Abrams

Anderson, J.

Bernardy

Blaine

Boudreau

Brod

Carlson

Clark

Cornish

Cox

Demmer

Dempsey

Dorman

Eastlund

Entenza

Erhardt

Erickson

Finstad


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 108

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Harder

Hilstrom

Hornstein

Huntley

Knoblach

Lanning

Larson

Latz

Lenczewski

Lesch

Lindgren

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, P.

Nornes

Olsen, S.

Opatz

Osterman

Paulsen

Paymar

Peterson

Powell

Rhodes

Ruth

Samuelson

Seagren

Simpson

Soderstrom

Strachan

Sykora

Thissen

Tingelstad

Wasiluk

Wilkin

Spk. Sviggum


 

 

The motion did not prevail.

 

 

MOTION FOR RECONSIDERATION

 

Mullery moved that the vote whereby the Rukavina motion to lay the Lipman motion for reconsideration on the table did not prevail be now reconsidered.

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Mullery motion and the roll was called. There were 71 yeas and 57 nays as follows:

 

Those who voted in the affirmative were:

 


Adolphson

Anderson, B.

Anderson, I.

Atkins

Beard

Biernat

Borrell

Boudreau

Buesgens

Clark

Cox

Davnie

DeLaForest

Dempsey

Dill

Dorman

Dorn

Eken

Ellison

Erhardt

Erickson

Gerlach

Goodwin

Gunther

Haas

Hackbarth

Heidgerken

Hilty

Hoppe

Howes

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kielkucki

Klinzing

Koenen

Kohls

Krinkie

Kuisle

Lieder

Lindner

Mahoney

Mullery

Nelson, M.

Olson, M.

Otremba

Otto

Ozment

Paymar

Pelowski

Penas

Pugh

Rukavina

Ruth

Seifert

Sieben

Slawik

Solberg

Stang

Swenson

Thao

Urdahl

Vandeveer

Walker

Walz

Wardlow

Westerberg

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, J.

Bernardy

Blaine

Bradley

Brod

Carlson

Cornish

Davids

Demmer

Eastlund

Entenza

Finstad

Fuller

Greiling

Harder

Hilstrom

Holberg

Hornstein

Huntley

Knoblach

Lanning

Larson

Latz

Lenczewski

Lesch

Lindgren

Lipman

Magnus

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Opatz

Osterman

Paulsen

Peterson

Powell

Rhodes

Samuelson

Seagren

Severson

Simpson

Smith

Soderstrom

Strachan

Sykora

Thissen

Tingelstad

Wasiluk

Wilkin

Spk. Sviggum


 

 

The motion prevailed.


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 109

LAY ON THE TABLE

 

Rukavina moved that the Lipman motion for reconsideration be laid on the table. The motion prevailed and the Lipman motion for reconsideration was laid on the table.

 

 

MOTIONS AND RESOLUTIONS, Continued

 

 

Hackbarth moved that the name of Severson be added as an author on H. F. No. 27. The motion prevailed.

 

Lenczewski moved that the name of Mahoney be added as an author on H. F. No. 38. The motion prevailed.

 

Lenczewski moved that the names of Mahoney and Otto be added as authors on H. F. No. 40. The motion prevailed.

 

Lenczewski moved that the name of Mahoney be added as an author on H. F. No. 43. The motion prevailed.

 

Lenczewski moved that the name of Mahoney be added as an author on H. F. No. 45. The motion prevailed.

 

Lenczewski moved that the name of Mahoney be added as an author on H. F. No. 49. The motion prevailed.

 

 

MOTION TO FIX TIME TO CONVENE

 

Paulsen moved that when the House adjourns today it adjourn until 9:00 a.m., Saturday, May 24, 2003. The motion prevailed.

 

 

MOTION FOR RECONSIDERATION

 

Rukavina moved that the vote whereby the Paulsen motion to fix the time to convene prevailed be now reconsidered.

 

 

LAY ON THE TABLE

 

Fuller moved that the Rukavina motion to reconsider the vote whereby the Paulsen motion to fix the time to convene prevailed be laid on the table.

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Fuller motion and the roll was called. There were 77 yeas and 47 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Eastlund

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Hoppe

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle


Journal of the House - 4th Day - Friday, May 23, 2003 - Top of Page 110

Lanning

Lesch

Lindgren

Lindner

Lipman

Magnus

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Osterman

Ozment

Paulsen

Penas

Powell

Rukavina

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Slawik

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Dill

Dorman

Dorn

Eken

Ellison

Erhardt

Goodwin

Greiling

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hornstein

Howes

Jaros

Johnson, S.

Juhnke

Koenen

Larson

Latz

Lenczewski

Lieder

Mahoney

Marquart

Mullery

Nelson, M.

Opatz

Otremba

Otto

Paymar

Pelowski

Pugh

Rhodes

Sieben

Smith

Solberg

Thao

Thissen

Walker

Wasiluk


 

 

The motion prevailed and the Rukavina motion to reconsider was laid on the table.

 

 

MOTION FOR RECONSIDERATION

 

Rukavina moved that the vote whereby the Fuller motion to lay on the table the Rukavina motion to reconsider the Paulsen motion to fix the time to convene be now reconsidered. The motion did not prevail.

 

 

ADJOURNMENT

 

Seifert moved that the House adjourn. The motion prevailed, and Speaker pro tempore Abrams declared the House stands adjourned until 9:00 a.m., Saturday, May 24, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives