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.
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; 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
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.
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
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.
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;
(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;
(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 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.
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:
(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.
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.
(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.
(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.
(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).
(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;
(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.
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;
(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;
(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).
(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.
(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;
(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.
(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 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.
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
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.
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
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